HomeMy WebLinkAboutTB-10/28/1997 387
SOUTHOLD TOWN BOARD
OCTOBER 28, 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. - Director of Code Enforcement Edward Forrester met with the Town Board
to ask for permission to close the Building Department office to the public at 3:00
p.m. to give them an opportunity to catch up on the backlog. The Board granted
permission, to take effect November 3rd, and they will review the situation in one
month to determine how long it will be necessary to continue the procedure.
9 :20 a.m. - The Board took up the following For Discussion items:
Councilman Townsend submitted a proposal from North Fork Retrofit for the Town
to submit a response to a Request for Proposals issued by the Utility Photovoltaic
Group, a national business-support organization sponsored by the US Department
of Energy for the purpose of developing the US photovoltaic industry into a position
of world leadership. Frazer Dougherty of North Fork Retrofit will be invited to meet
with the Town Board to discuss this proposal.----Town Board reappointed certain
members to the Anti-Bias Task Force (resolution 22) , and appointed three new
members to that group (resolution 23) .----The Board considered a Freedom of
Information Appeal from Jddy Adamson a response to a FOIL request from Chief of
Police Conway that Ms. Adams' request for information was too broad. The Board
asked the Town Attorney to contact Robert Freeman, Executive Director of the
Committee on Public Access to Records, Albany, to obtain his opinion on the validity
of the appeal.
9:30 a.m. Assessor Chairman Scott Russell and Assessor Robert Scott met with
the Town Board to explain the Alternative Veterans Exemption, which is allowable
under State law applicable to the 1997 final assessment roll. The Board placed a
resolution (25) on the agenda to approve the measure.
10 :00 a.m. - Nancy Mariano, representative of the Special Olympics, made a
presentation to the Town Board on the program. She informed them that a camp
is scheduled to take place at Peconic Dunes from August 15 to 21 , 1998. The Board
pledged to support the Special Olympics and support and participate in the camp
events.
10:35 a.m. - Bill Jacobs, Nature Conservancy, met with the Board to review the
proposed Management Plan for the Marratooka Lake Preserve. The Town Board
approved the . plan, and placed a resolution (26) on the agenda authorizing the
Supervisor to sign it.
10:40 a.m. -• The Town Board continued with the For Discussion items: The Town
Board met with Executive Assistant Jim McMahon to discuss whether they should
`` rebid the proposal to construct stairs at the end of Rocky Point Road, East Marion.
There was only one bid the last time, from KJ B Industries, for $27,595.00. They
agreed (resolution 29) to rebid one more time.----A resolution (27) was placed on
the agenda to reappoint all of the members of the-Goldsmith Inlet/Kennys Beach
Working Group.----A resolution (27) was placed on the agenda to refer the "Local
Law to Revise Business Uses" to the Town and County Planning.-----Another
3 8 8 OCTOBER 28, 1997
resolution (28) with regard to the "Local Law to Revise Business Uses" was placed
on the agenda to engage Nelson, Pope 8 Voorhis to provide Environmental Review
Services.----Justice Evans advised the Board the Senior Citizen Coordinator for
Fishers Island has resigned, and she will propose a replacement at the November
12th work session.----The Town Board placed a resolution (30) on the agenda to
hold a public hearing on November 120h on the "Local Law in Relation to Wireless
Communication Facilities".----Councilman Townsend submitted a proposal to secure
an appraisal of the Brushes Creek Bridge - by a professional engineer. Supervisor
Cochran will request Superintendent of Highways Jacobs to seek proposals for the
Board's consideration.----The Supervisor's office,_will, coordinate a - date to interview
civil service certified Clerk Typists for various Town., offices.
11 :35 a.m. - Solid Waste Coordinator Bunchuck met with the Town Board to discuss
the possibility of extending,, the hours of two part—time employees for approximately
ten weeks, to extract debris from the Construction and Demolition debris at the
Disposal Area. Unless the debris (sheetrock, metal, etc. ) is removed the C&D
cannot -be used for landfill cover. He ,was advised that if he has sufficient money
in his budget, he could extend the hours of one person for the time required.
12:10 p.m. - The Board continued with the For Discussion items: They set
November 6th to interview applicants for the Board of Appeals vacancy.----
Councilman Townsend discussed a request from Superintendent of Highways to install
a street light on Sound Beach Drive, Mattituck, where homes have been broken into
and vandalism has occurred over the past and recent years. Councilman Townsend,
chairperson of the Street Lighting Committee, advised the Board that if they want
to start putting lights in high crime areas, lie wants to see the police reports before
making a decision. He would also like to see a policy developed on street lights.
This will be brought up again at the November 12th work session.----A resolution
(32) was placed on the agenda authorizing the Supervisor to execute a $165,000
Agricultural and Farmland Implementation Grant .from the US Department of
Agriculture and Markets.----Resolution no. 33 was placed on the agenda to create
the position of Town Comptroller and set the salary.----Councilwoman Hussie
presented a. time schedule and proposed contract with Power Alternatives Inc. to
begin the process to establish a municipal electric utility and municipal gas utility
in the Town of Southold. She asked the Board to consider doing Phases I and II
concurrently, which would be to develop a written plan and cost analysis, and
informational meetings and referendum. Councilwoman Hussie said this must be
accomplished before the LILCO/LIPA agreement is signed by all parties, estimated
to be the Fall of 1998. The Board members had questions and concerns with regard
to the proposed contract of Power Alternatives, and the Town Attorney was asked
to review it for the November 12th work session.
12 :50 p.m. - Recess for lunch.
2 : 10 p.m. - Work Session reconvened and the Town Board interviewed Judi Guild,
applicant for the Conservation Advisory Council youth member vacancy.
2 :20 p.m. - For Discussion items continued: A resolution (34) was placed on the
agenda appointing Alicia B. Marin as the Youth Member of the Conservation Advisory
Council.----The Board reviewed a proposal by the Oysterponds Historical Society
to assume ownership of the Brown's Hill Cemetery in Orient. However, they want
the Town to maintain the cemetery for ten years, and there is a provision in the
deed that the Society cannot transfer the cemetery to a third party without
permission of the Town, which the Society objects to. The Board all agreed that
the Town might as well maintain ownership of the cemetery if they are going to
maintain it. They instructed the Town Attorney to .advise the Oysterponds Historical
Society that the deed stands as written, there will be no conditions.----A resolution
(34) was placed on the agenda to request the NYS Department of Transportation to
conduct a traffic- study at the intersection of NYS. Route 25 and Oaklawn Avenue
for the purpose of installing a traffic light or pedestrian push button traffic
light.----Resolution 'no. 36 was placed ' on the agenda whereby the Town agrees to
participate in the Radford University (Virginia) Criminal Justice Intern Program and ,
accept Southold resident Roman Wilinski as the intern.
EXECUTIVE SESSION
3 :05 p.m. - On motion of Councilwoman Hussie, seconded by .Councilwoman Oliva,
it was Resolved that the Town Board enter into Executive Session to discuss
employment history and the PBA contract. Vote of the Board: Ayes: Supervisor
Cochran, Councilwoman Hussie, Councilman Townsend, ' Councilwoman Oliva, Justice
Evans, Councilman Moore. Also present: Town Clerk Terry, Town Attorney Dowd.
3:45 p.m. - Work Session adjourned.
3B9
{ i
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on October
28, 1997, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Cochran opened the meeting at 11:30 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 motion to approve the audit of the
bills for October 28, 1997?
Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $264,972.62; General Fund
Part Town bills in the amount of $10,136.42; Community Development Fund
bills in the amount of $36,464.99; Highway Fund Whole Town bills in the
amount of $10,314.15; Highway Fund : Part Town bills in the amount of
$75,307.26; Capital Projects Account bills in the amount of $3,198.39; Ag
Land D !velopment Rights in the amount of $484.63; Seaview Trails Capital
Fund bills in the amount of $492.50; Employee Health Benefit Plan bills in
the amount of $24,978.09; Fishers Island Ferry District bills in the amount
of $19,537.30; Refuse and Garbage District bills in the amount of
$12,765.17; Southold Wastewater District bills in the amount of $1,306.74;
Fishers Island Sewer District bills in the amount of $819.23; Southold
Agency E Trust bills in the amount ' of $7,078.10; Fishers Island Ferry
District Agency E Trust bills in the -amount of $335.22.
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: Can I have a motion for approval of minutes of
October 14, 1997 Town Board meeting?
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the the minutes of the October 14, 1997, Town Board
meeting be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Approval of minutes 'of Special Meeting of October
16, 1997.
Moved by Justice Evans, seconded by Councilwoman -Hussie, it was
RESOLVED that the minutes of the Special Meeting of October 16, 1997,
Town Board meeting be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly .ADOPTED.
SUPERVISOR COCHRAN: I would like a motion to set the next Town Board
meeting for Wednesday, November 12, 1997, at 7:30 P.M.
3990 OCTOBER 28, 1997
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, November 12, 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 somell special presentations to make
today, and the first one is to Serge Doyeri, who has served for forty-two
years from Fishers Island to the Zoning; Commission, the ZBA here in
Southold, and I would like to ask Judge Louisa Evans to read this
proclamation. If you would on behalf of the Board deliver it to Mr. Doyen.
Moved by Justice Evans, seconded by The Entire Board,
WHEREAS, the Town Board of the Town of Southold wishes to recognize
the commendable service of SERGE J. DOYEN, AR.,who has shared his
expertise and ability with the Town of Southold for the past 42 YEARS;
and I
WHEREAS, SERGE J. DOYEN, JR., commenced his service to the Town
on MARCH 15, 1955 by serving on the ZONING COMMISSION as a
representative from FISHERS ISLAND. The ZONING COMMISSION's task
was to prepare a study recommending the boundaries of proposed zoning
districts and formulate appropriate zoning regulations. SERGE held this
position until May 1, 1955, when the Southold Town Board selected him to
serve on the SOUTHOLD TOWN PLANNING BOARD, which Board
continued the difficult and exhaustive task of drafting and finalizing the
first zoning map and zoning ordinance for the Town of Southold; and
WHEREAS, directly after the enactment of the official Building Zone
Ordinance, SERGE J. DOYEN, JR., was 'appointed on MAY 19, 1957, to
the first ZONING BOARD OF APPEALS. While on this Board, SERGE has
served eight consecutive five year terms with fairness and impartially and
after 42 YEARS of service, SERGE has decided to retire as a public
official; .now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby
congratulates SERGE J. DOYEN, JR., as he retires from the SOUTHOLD
TOWN ZONING BOARD OF APPEALS and extends to him and his family
their sincere best wishes for happiness and good health in his retirement
years.
Dated: October 28, 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: We have proclamations for our local schools,
because this is School Board Recognition Week. I see Joan. is here. Mrs.
Ferris from Mattituck is here. Are any of the other schools in attendance?
If not, Joan, I would like to present this to you.
Moved by Supervisor Cochran, seconded by' the Entire Town Board,
WHEREAS, an annual observation celebrated in school districts
throughout the Empire State is SCHOOL BOARD RECOGNITION WEEK; and
WHEREAS, school board members are an invaluable resource as local
decision makers responding to community needs on various local conditions;
and
WHEREAS, school boards are the voice of their communities serving the
.interest of school children and preparing them for the future, and
WHEREAS, school boards continually strive for improvement and progress
in eduction, with an understanding of the need for . commitment to growth in
New York's public education; and
WHEREAS, the men and women elected by the people as members of New
York's local Board of Education have earned deserved commendation and
appreciation for their dedicated service to the people and children of our
state, now, therefore, be it
OCTOBER 28, 1997 391
RESOLVED that the Town Board of -the Town of Southold hereby proclaims
OCTOBER 27 TO 31, 1997 as SCHOOL BOARD RECOGNITION WEEK in the
Town of Southold; and be it further
RESOLVED that this proclamation is hereby dedicated to the FISHERS
ISLAND SCHOOL BOARD, GREENPORT SCHOOL
BOARD,MATTI TUC K-CUTCHOGUE SCHOOL BOARD, NEW SUFFOLK SCHOOL
BOARD, OYSTERPONDS SCHOOL BOARD and SOUTHOLD SCHOOL '
BOARD.
Dated: October 28, 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: We congratulate you as serving the community as
volunteers, and you do a fine job.
JOAN FERRIS: Thank you very much.
SUPERVISOR COCHRAN: I have another presentation to make today. May
I have Officer Ginas come forward? Officer Ginas is being recognized
for his excellent police work on the night of July 29, 1997. His awareness
and determination played a major role in the recovery of four stolen
vehicles, and the apprehension of two of the perpetrators. This is a job
well done. Keep up the good work, and behalf of the Town Board we
congratulate you, and would like to present you with this plaque. Southold
Town Board commends Police Officer James Ginas for his superior police
work on July 29, 1997.
JAMES GINAS: Thank you very much.
SUPERVISOR COCHRAN: Congratulations.
I . REPORTS.
SUPERVISOR COCHRAN: Most of you have agendas, but each month we
receive reports from all our departments, and our different committees.
They are listed here and they are on file with the Town Clerk's Office. It
is pubic information. If there is anyone that would like to know anything
about the different committees, or reports, please, feel free.
1 . Southold Town Personnel Leave Time Report for September, 1997.
2. Southold Town Budget Monthly Report for September, 1997.
3. Southold Town Police Department Monthly Report for September, 1997.
II . PUBLIC NOTICES.
SUPERVISOR COCHRAN: We have pubic notices.
1 . Corp of Army Engineers, New York District,, application of Neil Simon
to install an extension to an existing float and secure both floats to
dolphins. Project located at Waterway Inlet Canal, Southold, New York.
Comments to. be received by October 31 . 1997.
2. Notice of Petition of Robins Island Preservation Corporation for grant
of easement to install a submarine cable between New Suffolk and Robins
Island below the Great Peconic Bay, Southold Town. Comments by November
1, 1997.
3. Department of Environmental Conservation, Notice of Complete
Application of U.S. Department of Agriculture for air pollution control
permit at Plum Island - Animal Disease Center, Plum Island, Southold.
Written comments by November 14, 1997.
4. Corp of Army Engineers, New York District, application of Kenneth
and Ann Edwards to construct an addition to the seaward end of an
existing fixed pier to increase mooring space in West Harbor, Fishers
Island, New York. Comments to be received by November 12, 1997.
5. Corp of Army Engineers, New York District application of John
Robert Hellier to remove an existing ramp ' and float .and construct
extension - to existing pier. Install a hinged ramp, . a float and relocate two
existing piles to which the new float would be secured at West Harbor,
Fishers Island, New York. Comments to be received by November 12, 1997.
3,92. OCTOBER 28, 1997
Ill . COMMUNICATIONS.
1 . Joanne E. Braxton, Provost of Suffolk County College with thanks for
supporting the Fall Harvest Festival.
2. Shirley Strum Kenny, President of Stony Brook State University of
New York with information about the University's research highlights for
1996-1997.
3. Daniel Harris, President of Congregation Tifereth Israel thanking
Supervisor Cochran. for joining them in their 96th Anniversary celebration.
IV PUBLIC HEARINGS.
1 . 5:00 P.M., In the Matter of the Increase and Improvements of
Facilities of Southold Solid Waste Management District in the Town of
Southold, in the County of. Suffolk, New York, pursuant to Section 202-b of
the Town Law.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: At this point I would; like to just explain to you,
that we do have a Town Board policy, that we ask if there is anyone that
would like to address the Board in relation, to any of the resolutions. Any
of the printed resolutions, if you would like to address the Board you have
the opportunity at this time. If it is something other than what is in the
resolutions, at the end of the Town Board meeting after-we have conducted
our business you will then have the opportunity to talk to the Town Board
on any Town related business. At this time is there there anyone that
would like -to address the Board in relation to any of the prepared
resolutions? Mr: Siegmann.
ED SIEGMANN: I don't read it here, but I would like to ask the Board.
My name is Ed Siegmann. Are there anything on a resolution tonight that
is dealing with the handicapped?
SUPERVISOR COCHRAN: No.
ED SIEGMANN: Could I ask you, is there anything coming up -at the
meeting at all in reference to the handicapped?
SUPERVISOR 'COCHRAN: There wasn't. We have nothing on the .planned
agenda.
ED SIEGMANN: The reason I asked this question is there are a lot of
people here for that reason, and I would not like to see them have to sit
here all evening, if they don't have 'to. I would make "the request that if
anything comes up in reference to the handicapped at -any time, not only
today, that the public get an opportunity to express themselves on any
problem.
SUPERVISOR COCHRAN: There is nothing planned by this Town Board,
Ed.
ED SIEGMANN: Thank you.
SUPERVISOR COCHRAN: Resolution number one?
1 .- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an Extension
-Agreement between the Suffolk County Office for the Aging and the Town
of Southold for the CSE Day Care Program, for the period of March 31,
1997 through March 31, 1998, at a total agreement cost not to exceed
$20,867.00; said agreement all in accordance with the approval of the Town
Attorney.
1 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
OCTOBER 28, 1997g
2--Moved by Councilwoman .Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Raymond Cleaves Post 861, American Legion, Mattituck, New
York, to use the following Town Roads for a Veteran's Day Parade on
November 11, 1997,- commencing at 10:30 a.m., provided they file with the
Town Clerk a One Million Dollar Certificate of Liability Insurance .naming
the Town of Southold as an additional insured: Pike Street, Wickham
Avenue,. Westphalia. Road, Sound Avenue, and Love Lane.
2.-Vote of the Town Board.: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
3.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs HHS Administrators to .pay the medical bills for
Zigv,mfnd and Marie Helinski, which were submitted by the provider,
Steven J. N. Chierchie, more than 90 days after service was rendered.
3.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
4.-Moved by Councilman Moore, seconded Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 5:02
P.M., Tuesday, November 25, 1997,. Southold Town Hall, 523095 Main Road,
Southold, New York, as time and place for a public hearing to hear citizen
views on local housing and community development needs to be met with the
approximately $148,000 in Community Development Block Grant Funds the
Town of Southold expects to receive in April, 1998. These funds may be
used, and have been previously used for a variety of projects to be
selected by local officials. Eligible activities include:
Acquisition and demolition of blighted property
Housing rehabilitation
Elimination of physical barriers for the handicapped
Public facilities and improvements
Street reconstruction
Code Enforcement
Public Water Projects
Economic Development
Public Services (limited to 150)
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 Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the following modifications to the Southold Town
Housing Rehabilitation Program Guidelines:
A. General Eligible Activities:
1 . The total dollar amount for rehabilitation work done on any
one dwelling under a property owners name shall not exceed
twenty thousand ($20,000) dollars.
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 Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town- of Southold hereby accepts
the bid of Cargill Salt Inc., in the amount of $39.89 per ton delivered,
for 500 tons (more or less as may be needed) for Bulk Salt for Snow and
Ice Control for the Southold Town Highway. Department, for the period of
October 1, 1997 through October 1, 1998, all in accordance with the bid
specifications.
6--Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, ' Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
3 4 OCTOBER 28, 1997
7.-Moved by Justice Evans, seconded by Councilwoman Hussie,
WHEREAS, the Town has not received the Continuance Certificate for the
$115,353.00 performance bond for Thorton Smith subdivision, Section 2,
which bond expires on' November 12, 1997; now, therefore, be it
RESOLVED that the Town Board hereby authorizes and directs the Town
Attorney to draw upon the $115,353.00 Certificate of Deposit if the
Continuance Certificate' is not received by Noon on November 11, 1997.
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 Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the following elected or appointed officials to attend the
Annual Meeting of the Association of Towns in New York City on February
15-18, 1998: Supervisor, Councilpeople, Town Clerk, Town Justices,
Receiver of Taxes, Solid Waste Coordinator, Justice Court Clerks; and be it
FURTHER RESOLVED that the Board of Assessors, Town. Attorney, and
members of the Board of Appeals and Planning Board are granted
permission to attend the Annual Meeting of the Association of Towns on a
day trip basis.
8.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman . Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
9.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it,was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise .for bids for the sale of
eight (8) used police vehicles, in as is conditions.
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 Councilman Townsend, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret, the resignation of Claire Toy, Clerk Typist in the Building
Department, effective October 14, 1997.
SUPERVISOR COCHRAN: The Town Board decided today that we would,
because we had the resignation of Claire Toy, Clerk Typist, she was due to
come back from a pregnancy leave, and decided she would like to continue
to stay home, so we are short in that department with clerical right now,
and the feeling is that if we can do some catch up with clerical, that will
certainly .will catch up some of the work that is going on in the Building
Department. Right now the Building Department is -twenty-one days behind,
working days behind, in trying to get out the different permits, that are
before them. So, the Board agreed that we would close the office from
three to four each day. It's temporary. I think Mr. Forrester comes
back in a month to report, and we will see how ,it's going. So, hopefully,
this will allow us to catch up some of the work, so that the community can .
move ahead with their building.
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 Councilman Townsend,
WHEREAS, the Town Board of the Town of Southold wish to dedicate
certain roads ' in Orient, New York, to be known as "LAND'S END ROAD"
and "LATHAM LAND" and 100 ft. of L. I . Sound frontage, as shown on
subdivision map entitled, "Map of Land's End at- Orient", filed in the
Suffolk County Clerk's Office on May 3, 1973, as Map No. 5909; and
WHEREAS, the Southold" Town Highway Superintendent has inspected the
said highways and has advised the Town Board that said proposed highways
comply in all respects with the specification for the dedication of highways
in the Town of Southold; now, therefore, be' it
OCTOBER 28, 1997 395
RESOLVED that in accordance with Section 171 of the Highway Law of the
State of New York, consent be and the same is given to the Superintendent
of Highways to make an order laying out the aforesaid highway, to consist
of lands described in said application as shown on certain maps attached to
said application.
11 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,.,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.-
This resolution was -duly ADOPTED.
12.-Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of Southold wishes to dedicate a
certain road in Southold, New York, to be knows as "GREAT POND WAY",
on a survey of property for the Community Development Agency of the
Town of Southold, dated November 22, 1988; and
WHEREAS, the Southold Town Highway Superintendent has inspected the
said highway and has advised the Town Board that said proposed highway 7
complies in all respects with the specifications for the dedication of
highways in the Town of Southold; now, therefore, be it
RESOLVED that in accordance with Section 171 of the Highway Law of the
State of. New York, consent be and the same is given to the Superintendent
of Highways to make an order laying out the aforesaid highway, to consist
of land described in said application as shown on certain maps attached to
said application.
12.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
U.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the .Town of Southold hereby grants
permission to the Southold P.T.A. to use Oaklawn Avenue, Southold, for
their annual Halloween Parade on Friday, October 31, 1997, commencing at
4:00 P.M., provided they file with the Town Clerk a One Million Dollar
Certificate of Insurance naming the Town of Southold as an additional
insured.
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 Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board. of the Town of Southold hereby
authorizes and directs the Town Clerk to readertise for two (2) members
of the Agricultural Advisory Committee.
14.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
15.-Moved by Councilwoman Hussie, seconded by Justice •Evans, it was
RESOLVED that the Town Board of the Town of. Southold hereby grants
permission to Cutchogue Fire Department to use Deport Lane and New
Suffolk Lane for their annual Halloween Parade to commence at 6:00 P.M. ,
Friday, October 31, 1997, at the Cutchogue west elementary school,
provided they file with the Town Clerk a One Million Dollar • Certificate of
Liability Insurance naming the Town of Southold as an additional insured.
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 Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby sponsors
Todd F. Bryant to attend the Suffolk County Police Academy part-time
program, from October 27, 1997 through May 15, 1998.
16.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
a�
J OCTOBER 28, 1997
17. Moved by Councilman Townsend, seconded by Councilwoman Oliva, is was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1997 Police Department budget as follows:
To
A.3130.4.400.650 Bay Constable $ 2,000.00
Vehicle Maintenance & Repairs
From:
Z.3157.4.600.300 Juvenile Aide Bureau $ 2,000.00
Fishers Island Travel
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 Councilman Moore, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 28th day of October, 1997, a Local Law entitled, "A
Local Law in Relation to South Harbor Road"; now, therefore, be It
RESOLVED that the Town Board hereby sets 8:05 P.M. , Tuesday,
November 12, 1997, Southold Town Hall, 53095 Main Road, Southold, New
York, as time and place for a public hearing on this Local Law, which
reads as follows:
A Local Law in Relation to South Harbor Road
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 92 (Vehicles S Traffic) of the Code of the Town of Southold is
hereby amended as follows:
Between the
Name of Street Side Hours of Location
South Harbor Road Both 10:00 p.m. In Southold, from the
and 6:00 a.m. guard rail northerly
for a distance of five
hundred (500) feet.
II . This Local Law shall take effect upon its filing with the Secretary of
State.
* Underline represents additions.
18.- Vote of the Town Board: Ayes: COuncll111an 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 grants
permission to the Board of Commissioners of the Fishers Island Ferry
District to accept 'the bid and enter ' into a contract with Machnik Bros. ,
Inc., Old Lyme, Connecticut, for repairs to the Fishers Island Ferry
District New London Terminal "MUNNATAWKET Ramp", at a bid price of
$17,500.00, all in accordance with the Plans and specifications prepared by
DOCKO, Inc. of Mystic, Connecticut.
19.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
20.- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie,
A regular meeting of the Town
Board of the Town • of Southold,
in the County: of Suffolk, New
York, was held at the Town
liall, 53095 Main Road,
Southold, in said Town, on the
28th day of October, 1997 .
PRESENT:
Hon. Jean W. Cochran, Supervisor
William Moore, Councilperson
Louisa Evans, Justice
Alice Hussie, Councilperson
Ruth Oliva, Councilperson
Joseph Townsend, Councilperson
OCTOBER 28, 19977
---------------------------------------------X
In the Matter of the
ORDER CALLING
Increase and Improvements of Facilities of PUBLIC HEARING
the Southold Solid Waste Management TO BE HELD ON
District, in the- Town of Southold, in the NOVEMBER 25, 1997
County of Suffolk, New York, pursuant to
Section 202-b of the Town - Law.
---------------------------------------------X
WHEREAS, the Town Board of the Town of Southold (herein
called "Town Board" and "Town" , respectively) , in the County of
Suffolk, New York, on behalf of the Southold Solid Waste
Management District, heretofore established and now existing in
the Town (herein called, "Distri.ct") , has determined to increase
and improve the facilities of the District at the estimated
maximum cost of $5, 800, 000, described as the capping and closure
of the Southold Landfill, in Cutchogue, in the District,
consisting of the installation of a geomembrane cap topped with
dirt and sand and finished with asphalt surface on the 11 acres,
more or less, on the west side of the Landfill and the grading of
the 29 acres, more or less, of the east side to maximize run off
and the installation of a geomembrane cap covered with vegetative
supportive mulch and soil in compliance with the Stipulation of
Settlement entered into by the Town and the New York State
Department of Environmental Conservation; and
WHEREAS, the Town Board has given due consideration to
the impact that the capping and closure of the Southold I.,andfill
may have on the environment. and on the basis of such
consideration, the Town Board has found that no substantial
adverse environmental impact wi.1.-1 be caused thereby;
Now, therefore, be it
ORDERED, that a meeting of the Town Board of the Town
be held at the Town Hall, 53095 Main Road, Southold, New York, in
the Town, on the 25th day of November, 1997 at 5:00 o'clock P.M.
(Prevailing Time) to consider said increase and improvement of
facilities at said estimated maximum cost of $5, 800, 000 and to
hear all persons interested in the subject thereof concerning the
same and for such other action on the part of the Town Board with
relation thereto as may be required by law; and be it,
FURTHER ORDERED, that the Town Clerk publish at least
once in "THE SUFFOLK TIMES, " a newspaper published in Mattituck,
New York, and hereby 'designated as the official newspaper of the
Town for such publication, and post on the sign board of the Town
maintained pursuant to subdivision 6 of Section 30 of the Town
Law, a copy of this Order, certified by said Town Clerk, the
first publication thereof and said posting to be not less than
ten (10) nor more than twenty (20) days before the date of such
public hearing.
DATED: October 28 , 1997
OCTOBER 28, 1997
TOWN BOARD OF THE. TOWN OF SOUTHOLD
/s/ Jean W. Cochran
Jean W. Cochran
Supervisor
/s/ William D. Moore
William D. Moore
Councilperson
/s/ Louisa P. Evans
Louisa P. Evans
Justice
/s/ Alice J . Hussie
Alice J. Hussie
Councilperson
Is/ Ruth D. Oliva
Ruth D. Oliva
Councilperson
/s/ Joseph L. Townsend, Jr.
Joseph L. Townsend, Jr.
Councilperson
(SEAL) Members of the Town Board of the Town of
Southold, New York
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 Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following. 1997 .Budget• modification to the General Fund Whole
Town to appropriate donated funds for the Tree Committee:
To:
Revenues
A2705.30 Gifts & Donations, Tree Committee $ 1925.00
,Appropriations:
A8560.4.400.200 Trees and Tree Maintenance $ 1925.00
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 Councilwoman Hussie, seconded by Justice Evans, it .was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Building Department, to close their- window from 3:00 P.M.
to 4:00 P.M., effective November 3, 1997, for a one month trial period, to
enable them to catch up on an excessive amount of paperwork.
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 Councilwoman Oliva, seconded by Councilwoman Hussie, , it was
RESOLVED that the Town Board of the Town of Southold hereby
reappoints the following individuals to the Southold Town Anti-Bias Task
Force, effective. October, 30, 1007 through October 30, 1999, • they to serve
without compensation:
a Y
OCTOBER 28, 1997 99
Reverend Marvin Dozier, Chairperson
Mark Gagen
Sabrina Crenshaw
Joseph Mellender
Elizabeth Serkin
Ethel Singleton
Cynthia Kumelos-Smith
23.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
24.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Merle P. Levine, Linda L. Tatum, and Laverne Taylor as new members
of the Southold Town Anti-Bias Task Force, effective October 30, 1997
through October 30, 1998, they to serve without compensation.
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 Justice Evans, seconded by Councilwoman Oliva,
WHEREAS, Chapter 417 of the laws of 1997, State of New York, effective
immediately amends 458-a of the Real Property Tax Law, and is applicable
to assessment rolls filed on or after March 1, 1997, authorizes the Town of
Southold to increase the Veterans alternative exemption eligibility level
for a non-combat veteran, from the current' 150, at a maximum of $18,000,
to a new maximum of $27,000, and to increase the current combat veteran
exemption for an additional 10 0, from $12,000 to a new maximum of $18,000:
and
WHEREAS, it is the desire of the Town Board of the Town of Southold to
increase such veterans benefit, to the full amount allowable pursuant to
Section 458-a of the Real Property Law, as provided by the laws of 1997;
and
WHEREAS, the next maximum for the veterans exemption will allow our
veterans to receive the full statutory exemption now allowable pursuant to
Section 458-a of the Real Property Law; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby grants,
effective immediately, the Alternative Veteran Exemption, to the full extent
allowable under state law applicable to the 1997 final assessment roll; and
be it
FURTHER RESOLVED that the Town Clerk be and she hereby is
authorized and directed to forward a certified copy of this resolution to
the Southold Town Board of Assessors,. Town Attorney, and the Office of
the Real Property Tax Services for the County of Suffolk.
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.- Mov,ed 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
Management Plan for the Marratooka 'Lake Preserve, as prepared by The
Nature Conservancy, Long Island Chapter, for the 11-acre Preserve which
has been conveyed to the Town of Southold subject to the express condition
that it shall forever be held as a nature preserve for scientific,
educational, ecological, and aesthetic purposes; said plan all in accordance
with the approval of the Town Attorney.
126.-. 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 Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
reappoints the following individuals to the Goldsmith's Inlet/Kenny's Beach
Working Group, effective November 12, 1997 through November 12, 1998,
they to serves without compensation:
OCTOBER 28, 1997
Councilwoman Ruth D. Oliva, Chairperson
Edward Seidman, resident of Peconic Shores
Donald Stanton, resident of Kenny's Beach
John Holzapfel, Southold Town Trustee
William Daley, Chief, Coastal Management, NYS-DEC
Lou Chiarella, NYS-DEC, Stony Brook
Richard LaValle, Chief Engineer, Suffolk County DPW
Fred Anders, Division of Coastal Resources, NYS Dept. of State
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 Councilman Townsend, seconded by Councilwoman Oliva,
WHEREAS, there has. been presented to the Town Board of the Town of
Southold, on the 28th day of October, 1997, a Local Law entitled, A Local
Law to Revise Business Uses"; 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 Planning Department for their recommendations and
reports, all in accordance with the Southold Town Code and the Suffolk
County Charter. Said Local Law reads as follows:
A Local Law to Revise Business Uses
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) is hereby amended as follows:
1. Section 100-81.A Limited Business District (LB) (Use
regulations) is hereby amended as follows:
A. Permitted uses
04-Any-permitted-use--as-set-forth-in-and-regulated-by--§199-94xgf
the-Agrisultur-al-Gonrervatien-District--except-wineries;which-shall
be-as-set forth--in-SYbseetien--A(2)(i)--below.
(1) The following uses are permitted uses without site plan
approval by thePlanning Board:
(a) Agricultural operations and accessory uses thereto as set forth
in and regulated by $100-31.
(b) Buildings, structures and uses owned or operated by the Town
of Southold school districts._park-districts and fire districts.
(c) Dwellings, one-family detached, not to exceed one (1) dwelling
on each lot.
,(2) The following uses.are permitted uses sublect to site plan
approval by the PlannincLBoard:
(a)-Retail-businesses-complementary-te the-rural-and-histeris
eharaster--of-.the-surreunding-area;-limited-te-the-fellew' ing:
[1-}-Antique;art-and-Graft-shops-and-galleries.
[2-]-Gd stem-werksheps-and-machine-she ps.
[4]46ibraries-er-myseums.
(c)-F-dner-al-heroes. -
OCTOBER 28, 1997
(d)-Restaurants;except-drive-in--restaurants.
(e)-Per-sepal-ser-vice-stares-and-shops,—including-barbersheps,
beauty-parlors,—prefessienal-st6idies-and4ravel-agencies.
(a) Bed-and-breakfast uses as set forth in and as regulated by
1.00-31.
(b)-Repair-shops.-for--heuseheld,-business er-personal-appliances,
including-cabinet-shops; Carpenter shops, electrical shops,
plumbing shops, furniture repair shops and bicycle shops-and
motorcycle-sheps�landscaping-and-ether-service-businesses:
(c) Garden Materials Wholesale or retail sale and accessory
storage and display materials and plants including nursery
operations, provided that the outdoor storage or display of plants
and materials does not obstruct pedestrian flow or vehicular traffic
and does not occur within three (3) feet of the property line.
(d) Professional and business offices.
(e) Wineries which meet the following standards:
(11 Wineries shall be a farm winery licensed under New York State_
law from which wine made from primarily Long Island grapes is
rroduced and sold.
[21 Wineries shall have retail sales on site.
(f) Wholesale and warehousing ..
2. Section 100-81.B Limited Business District (LB) (Use
regulations) is hereby amended as follows:
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals as hereinafter provided and are subject to site
plan approval by the Planning Board:
(-1-}-Any-special-exceptien-use-as-set-fer-th-in-and.-regulated-by-§
199-31 B-of-the.Agriei.iltr:iral-Gonservation-District;-except that
wineries-are-riot-required-te-be-in-eenneetien-with-a-vineyard;and
except-bed-and-breakfasts.
(1) Apartment, One 1 accessory. iri an existing one-family
dwelling subiect to the restrictions in §100-31.
(2) Beach clubs tennis clubs country clubs golf clubs public -golf
courses and annual membership clubs catering exclusively to
members and their quests and accessory playgrounds beaches,
swimming pools tennis courts recreational buildings and
maintenance buildings subiect to the restrictions in F100-31.
(3) Cemeteries where accessory to a place of worship only.
(4) Dwelling two-family, not to exceed one (1) such dwelling on
each lot.
4(,0, OCT.OBER 28, 1997
(5) Historical society.
(6) Nursery schools.
(7) Places of worship including parish houses (but excluding a
rectory or parsonage which shall conform to the requirements for a
one family dwelling) subject to the restrictions in § 00-31.
(8) Private elementary or high schools colleges and other
educational institutions subiect to the restrictions in g100-31.
(9) Public utility rights-of-way as well as structures and other
installations necessary to serve areas within the town subiect to
the restrictions in §100-31.
(`10) Stables and riding academies.
(11) Veterinarian's offices and anirril hospitals, subject to the
restrictions in $100-31.
3. Section 100-81.0 Limited Business District (LB) (Use regulations
is hereby amended as follows:
C. Accessory uses The following uses are permitted as accessory
uses and except for residential accessory uses and signs, which
are governed by Article XX are subject to site plan review:
(44-ARy�seesse"se-as-set-forth-in-arid-r-egulated-by-§I-98-3-1-G
(1}-thredgh-(8)-and-(1-9)-ef-Agricultural-Genservatien-Bistriet-and
subject-te-the-sendi tiens-set--forth-in-§100-334hereef-
(1) Any customary structures or uses which are customarily
incidental to the principal use except those prohibited by this
chapter:_
(2) Boat docking facilities for the docking mooring or
accommodation of noncommercial boats as set forth in and
restricted by§100_31.
(3) Garden house, toolhouseLstorage building playhouse wading
pool, swimming pool or tennis court incidental to the residential use
of the premises and not operated for gain subject to the
restrictions in 5100-31.
(4) Home occupation as set forth in and restricted by 1$ 00-31.
(5) Horses and domestic animals other than household pets,
provided that such animals shall not be housed within forty (40)
feet of any lot line Housing for flocks of more than twenty-five (25)
fowl shall not be constructed within fifty (50) feet of any line.
(6) Garages Private provided however, that not more than two (2)
passenger automobile spaces in such garages may be leased to
persons not resident on the premises.
(7) Off-street parking spaces accessor to uses on the premises.
Not more than four (4) off-street parking spaces shall be permitted
within the minimum front_ard.
OCTOBER 28, 1997 40.3
(8) The storage of either a boat or travel trailer owned and used by
the owner or occupant of,the premises on which such boat or travel
trailer is stored for his personal use subiect to the restrictionsin
10§ 0-31.
(9) Wineries may have an accessory gift shop on the premises
which may sell items accessory to wine such as corkscrews, wine_
glasses decanters, items for the storage and display of wine,
books on winemaking and the region and nonspecific items bearing
the insignia of the winery. Wineries may not have a commercial
kitchen as an accessory use but may have a noncommercial
kitchen facility for private use by the employees.
4. Section 100-91.A Hamlet Business District (1-I13) (Use
regulations) is hereby amended as follows:
A. Permitted uses.
(-1)-Any-permitted-Else-set-forth-in--and-regulated-hy-§100-31(A)-and
(3)-of-the-Agri6ultural-Conservation District.
(2)-Any-permitted-uses-as-set-forth-in-and-as-regulated-by
§-100-4-2A(2-)-of-the.-Hamlet-Residential-District.
(1) The following are permitted uses without site plan approval by
the Planning Board:
(a) Bed-and-breakfast uses as set forth in and as regulated by
10§ 0-31.
(b) Buildings, structures and used owned or operated by the Town
of Southold school districts park districts and fire districts.
(c) Dwelling one-family detached not to exceed (1) dwelling on
each lot.
(d) Dwelling, two-family_
(2) The following are permitted uses subject to site plan
approval by the Planning Board:
(a) Apartments may be permitted over retail stores and business,
professional'and governmental offices subject to the following
requirements:
(1) The explicit written approval of the Town Fire Prevention
Inspector shall be obtained for theAesign, location, access and
other safety-related elements of every such apartment. No
apartment shall be permitted over filling stations stores retailing
flammable or fume-producing goods restaurants or other
businesses with kitchens or other facilities producing intense heat
or any other establishment which the Fire Prevention -Inspector
determines to pose a greater-than-average built-in fire risk.
(2) The habitable floor area of each apartment shall be at least four
hundred fifty (450) square feet but in no case more than seven
hundred fifty (750) square feet The apartment shall not be located
on the first floor of the building and the apartment shall contain all
services for safe and convenient habitation, meeting the New York
State Uniform Fire Prevention and Building Code and the Sanitary.
Code.
OCTOBER 28, 1997
(3) There shall be no more than three (3) apartments created or
maintained in any single building.
(4) Each apartment, or common hallwav servicing two (2) or three
(3) apartments shall have a separate access to the outside of the
building which must be distinct from the access to uses on the first
floor.
(5) Each apartment shall have at least one (1) on-site off-street
parking space meeting the standards of this chapter, conveniently
located for access to the apartment.
(6) Only the owner of the building in which it is proposed to locate
the apartment(s) may apply for this special permit. The Board of
Appeals shall require that such applicant execute such
agreements, contracts, easements covenants, deed restrictions or
other legal instruments runnin in favor of the town as, upon
recommendation of the Town Attorney, the Board shall determine
to be necessary to ensure that::
[al The apartment, or any proprietary or other interest therein, will
not be sold to the tenant or any other party, except as part of a sale
of the entire building in which the apartment is located.
fbl The apartment is made available for year-round rental.
fcl The apartment is properly constructed maintained and used,
and unapproved uses are excluded therefrom.
[d] Any other condition deemed reasonable and necessary to
ensure the immediate and long-term success of the apartment in
helping to meet identified housing needs in the community is
complied with.
(b) Art antique and auction galleries.
(c) Auditoriums or meeting halls.
(d) Bakeshops (for on-premises retail sale).
(e) Banks and financial institutions_
(f) Boardinghouses and tourist homes.
(q) Bus or train stations.
(h) Business, professional and governmental offices:
Health care, continuing care and life care facilities but excluding
facilities for the treatment of all types of drug addiction, subject to
the requirements of §100-31..
Conference facility.
Lk) Day care (primary).
(1) Dry cleaning store.
(in) Farmer's market.
! k '
OCTOBER 28, 1997 4 5
(n) Fitness and exercise studios.
(o) Fraternal or social institutional offices or meeting halls.
(p) Funeral homes.
(q) Garden materials wholesale/retail sales_
(r) Church/house of worship.
(s) Historical society.
(t) Libraries.
(u) Laundromats.
(v) Museum.
(w) Nursery school.
(x) Philanthropic, eleemosynary or religious institutions.
(y) Personal service stores and shops including barbershops,
beauty parlors professional studios and travel agencies.
(z) Repair shops for household business or personal appliances,
including cabinet shops, carpenter shops electrical shops,
plumbing shops, furniture repair shops and bicycle shops.and
metercycle steeps.
as Restaurants, excluding formula food and take-out restaurants.
(bb) Retail stores.
(cc) Theaters or cinemas (other than outdoor).
(dd) Workshops, Artists' and craftsmen's.
(ee) Workshops, Custom.
5. Section 100-91.0 (Use regulations) Hamlet Business (HB)
District is hereby amended as follows:
B. Uses permitted by special exception by 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:
(-1-)-Any-special-eXGeptien-use-set'#erth'-in-and=as-regulated-by
§4-99--34.9(,3)-to-(6)-and-(4,3)-and-('14)-ef-the-Agrisultural-
Gonser-vatien District.
(-2)-Nur-ser-y-s6hGels,
(3)-Philanthropie;-eleemesynay-er-religieus-institution6;health
sar'e Gsentinuing-care-and-life-facilities;but-excluding-fa0ities
for-the-treatment-ef-all4ypes-e€-drug-addiGtien,-subjeet-te4he
restrietiens-set-forth-in-§1'99-31-
(4)-M6iltiple-dwelling&-and'4ewnheuses.
40.6 OCTOBER 23, 1997
(1) Accessory apartment (one) in an existing one-family dwelling as
set forth in -5100-31.
(2) Annual membership club.
(3) Boarding and/or tourist homes as set forth and regulated by
5100-61 B(5) of the Resort Residential (RR) District.
(4) Commercial Recreation facility.
(5) Drinking establishments.
(6) Funeral homes.
f7 Flea markets.
(8) Garages Public, as set forth in and as requlated by §100-101 B.
(9) Gasoline service station as set forth in and as requlated y-
§100-101 B.
(10) Motel and hotel uses as set forth in and requlated by � 100-
61 B(4) of the Resort Residential (RR) District, except that minimum
lot size shall be three Q3 acres..
01) Private elementary or high schools colleges and other
educational institutions subject to the restrictions set forth in §100-
31.
(12) Public utility rights of way as well as structures and other
installations necessary to serve areas within the town as set forth
in§100-31.
1( 3) Multiple/row/town/attacf�ed ciwelliiicLs;
(14) Parking lot.
(15) Restaurants takeout and formula food- subiect to the following
requirements:
(a) Adequate parking_shall be provided in accordance with that
required by Article XIX Parking and Loading Areas 'of this chapter.
All parking spaces shall be located within reasonable walking
distance of the site or three hundred (300) feet whichever is less.
The improvement or development of municipal parking may be
used to satisfy this requirement The adequacy of municipal
parking shall be determined by the Planning Board as part of its
site plan review procedure by conducting a parking survey_of the
capacity of the existing municipal parking area to accommodate the
projected increase in usage due to the introduction of the subiect
land use. •
(b) An assessment of the potential traffic impacts of the proposed
use must accompany the long environmental 'assessment form.
The appropriate miti aq lion measures must be incorporated into the
site plan.
c There shall be no counter serving outdoor traffic via_a drive-in,
drive4hrough, drive-up, drive-by or walkup window or door.
/ OCTOBER 28, 1997 407
(d) Exterior signaae shall conform in all respects to Article XX,
Signs, of this chapter and, further, may not be lit from within.
(e) Advertisements, including trademark logos, may not be affixed,
painted or glued onto the windows of the business or onto any
exterior structures, including waste disposal receptacles and flags.
(f) The physical design, including_color and use of materials, of the
establishment shall be compatible with and sensitive to the visual
and physical characteristics of other buildings, public spaces and
uses in the particular location.
(16) Terminal/bus or truck.
6. Section 100.91.0 (Use regulations) Hamlet Business (HB)
District is hereby amended as follows:
C. Accessory uses. The following uses are permitted as accessory
uses and, except for residential accessory uses and signs, which
are subject to Article XX, are subiect to site plan review:
�-�-}-Assesser-y-uses-as-set-Perth-in-and-regdlated-bye-1-98-3-45�-1�-
threu@t4T)--of-the-AgriGUitural-Gense►- atier-Bistr-iet;-and-subjes�-te-
the-senditiens-set-Per-th-in-§-a-99�33--thereef.
(1) Any customary structures or uses which are customarily
incidental to the principal use. except those prohibited by this
chapter,
(2) Garden house, toolhouse, storage building, playhouse, wading
pool, swimming pool or tennis court incidental to the residential
useof the premises and not operated for gain as set forth in §100-
31.
(3) Home occupation, including home professional office and home
business office as set forth in 10� 0-31.
(4) Off-street parking spaces accessory to uses on the premises.
Not more than four (4) off-street parking spaces shall be permitted
within the minimum front vard.
(5) Private garages, provided, however, that not more than two (2)
passenger automobile spaces in such garages may be leased to
persons not resident on the premises.
(6) The storage of either a boat or travel trailer owned and used by
the owner or occupant of the premises on which such boat or travel
trailer is stored, for his personal use as set forth in §100-31.
7. Section 100-101.A General Business District (B) (Use
regulations) is hereby amended as follows:
A.'Permitted uses.
4—Any-permnitted-use-set-ferth-in-and-regulated-by-§188-34-A(-2)-and
(3)-el'the-Agr-ie61ltdral-Censervatien-District:
�-Any-permitted-use-set-ferth-in-and-regulated-by-§.189-91 A(3)4e
(49)-ef-the-Hamiet-Business-Bistrist.
4.0.8OCTOBEh 28, 1997
(1) The following are permitted uses without site plan approval by
the Planning Board:
(a) Agricultural operations and accessory uses thereto uses asset
forth in and as regulated by $100-31.
(b) Buildings, structures and uses owned or operated by the Town
of Southold, school districts, park districts and fire districts.
(2) The following uses are permitted uses and are subject to site
plan approval by the Planning Board:
(a) Apartments over retail stores & offices as regulated under
10§ 091.
(b) Art, antique and auction galleries.
(c) Auditoriums or meeting halls_
(d) Auto repair shop.
(e) Bakeshops (for on-premises retail sale).
(f) Banks and financial institutions.
(g) Bed-and-breakfast uses as set forth in and as regulated by
$100-31 B.
(h) Boardinghouses and tourist hornes as set forth and regulated
by §100-61 B(5) of the Resort Residential (RR) District..
(i) Business, professional and governmental offices.
(i) Building, electrical and plurnbinq contractors' businesses or
yards.
(k) Bus or train stations.
(1) Cold storage plants baking and other food processing and
packaging plants that are not offensive obnoxious or detrimental to
neighboring uses by reason of dust. smoke, vibration, noise. odor
or effluent. .
(m) Commercial Recreation facility, fully enclosed.
(n) Conference facility_.
(o) Day Care-Primary
(p) Dry cleanin� sg tore.
(q) Farmer's market.
(r) Food catering.
(s) Fraternal/Social institution or meeting hall (non-profit).
(t) Funeral homes.
V
OCTOBER 28, _1997 �409
(u) Garden Materials Wholesale or retail sale and accessory
storage and display of supplies and plants including nursery
operations provided that the outdoor storage or display of plants
and materials does not obstruct pedestrian flow or vehicular traffic
and does not occur within three (3) feet of the property line_
(v) Health care continuing care and life care facilities, but
excluding facilities for the treatment of all types of drug addiction,
subject to the requirements of §100-31.
(w) Historical Society.
(x) Laundromats.
M Libraries
W Museums.
(aa) Nursery school.
(bb) Personal service stores and shops, including
barbershops,bealLty parlors,professional studios and travel
agencies.
(cc) Philanthro [p, eleemo gnaw or religious institutions.
(dd) Repair shops for household, business or personal appliances,
including cabinet shops, caroenter shops electrical shops,
plumbing shops, furniture repair shops and bicycle and motorcycle
shops.
(ee) Restaurants, excluding formula food and take-out restaurants.
M Retail stores,
(qq) Telephone exchanges.
(hh) Theaters or cinemas (other than outdoor).
Oi) Train or bus stations.
(ii) Transportation services.
(kk) Wholesale businesses warehouses and building material
storage and sale, but excludin storage of coal coke fuel oil or
1--
(II) Wholesale/retail beverage distribution.
(mm) Wineries as set forth and regulated by §100-81..
(nn) Workshops Artists and craftsmen's.
(oo) Workshops, Custom.
8. Section 100-101.B General Business (B).District (Use
regulations) is hereby amended as follows: .
OCTOBER 28, 1997
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals, as,hereinafter provided, subiect to site plan
approval by the Planning Board:
(14-Any-special-exception-tise--as-set-forth-in-and-r-egulated-by-§
400-31.B(-2-)-tG44-2-);except-wineries.-are-not--required-to-be-in
sennestlen-with-a-vineyard.
(3)--Bed-and-breakfast-enterprise6-or-boarding and/er-teurist-hernes
as-set-feFth-in-and-regulated-by-§-100-31.B(-1-4)-ef-the-Agriedltura l-
Censervatien-9istriet;except-that-ne-site-plan-approval-is-required.
(4)-Tsur-ist-sampE;as--regulated-by-Chapter-8€;Tedrist-and-Trailer
Camps;of the Tewn-Gede.
(25)-Stable6-and-riding-aGademies.
(1) Beach clubs, tennis clubs, country clubs, golf clubs, public golf
courses and annual membership clubs catering exclusively to
members and their guests and accessory playgrounds, beaches,
swimming pools, tennis courts, recreational buildings and
maintenance buildings, subject to the restrictions in - 1000-31.
(2) Car wash.
(3) Cemeteries where accessory to a place of worship only.
4 Commercial recreation faciliti,es,_fully enclosed.
5 Drinking establishments_
(6) Flea markets.
(7) Hotel or motel uses as set forth in and regulated by 6 1007
61 13(4) of the Resort Residential (RR) District, except that the
minimum lot size shall,be three (3) acres.
(8) Gasoline service stations, Public garages, Car dealerships
new-and-used-meter-vehicle-lets; Vehicle rental, including-the-sale
of-resreatien-vehicles-and-trailers-and-beat-sales, and accessory
repair facilities, all subject to the following requirements:
(a) Entrance and exit driveways shall have an unrestricted width of
not less than twelve (12) feet and not more than thirty (30) feet and
shall be located not less than ten (10) feet from any property line
and shall beesso laid out as to avoid the necessity of any vehicle
backing out across_any_pu lic right-of-way.
(b) Vehicle lifts or pits, dismantled automobiles, boats'and vehicles
and all parts or supplies shall be located within a building.
(c) All service or repair of motor vehicles, other than such minor
servicing as change of tires or sale of gasoline or oil shall be
conducted in a building.
(d) The storage of gasoline or flammable oils in bulk shall be
stored in approved containers and not less than thirty-five (35) feet
from anv property line other than the stroet line.
OCTOBER .28., 1997 :�.
(e) No gasoline or fuel pumps or tanks shall be located less than
fifteen (15) feet from anv street or property line.
(f) No gasoline service or repair shops or similar businesses are to
be located within three hundred (300) feet of a church, public
school, library, hospital orphanage or rest home.
(9) Gasoline service stations Partial self-service subject to all of
the provisions of 5100-101 B(8) herein and the following
additional requirements:
(a) Each partial self-service gasoline facility shall have a qualified
attendant on duty whenever the station is open for business. It
shall be the duty of the qualified attendant to control and operate
both the console regulating the flow of gasoline to the dispensing
equipment thereafter to be operated by the customer at the self-
service pump island and the dis ensin equipment on the other
pump islands.
(b) Gasoline shall at no time be dispensed without the direct
supervision of the qualified attendant A control shall be provided
which will shut off the flow of gasoline to the dispensing equipment
at the self-service pump island whenever the qualified attendant is
absent from the control console for anv reason whatever including
when he is operating the di.spensing equipment on the other pump
islands.
(c) The console regulatiriq the flow of gasoline to the remote
dispensing equipment thereafter operated by the customer at the
self-service pump island shall be situated in such-a manner as to
give the qualified attendant controllingsaid console an
unobstructed view of the operation of said remote dispensing
equipment.
'(d) The self-service pump island shall have controls on all pumps
that will permit said pumps to operate only when a dispensing
nozzle is removed from its bracket on the pump and the switch for
this pump is manuallv operated.
(e) The self-service pump island shall be protected by an automatic
fire-protection system in the form of an approved system of dry
powder release which will act as an automatic fire extinguisher.
(f) No customer shall beperrnitted to dispense gasoline unless he
shall possess a valid motor vehicle operator's license.
(g) There shall be no latch-open device on any self-service
dispensing nozzle.
(1O) Laboratories, Research design or development provided that
any manufacturing shall be limited to prototypes and products for
testing.
(11) Nursery schools_
(12) Parking lot.
(13) Places of worship including parish houses (but excluding a
ractory or parsonagppwhich shall conform to the requirements for a
one-family dwelling), subject to the restrictions in 6100-31.
.Al"'2 OCTOBER 28, 1997
(14) Private elementary or high schools colleges and other
educational institutions, subject to the restrictions in $100-31.
(15) Public utility rights-of-way as well as structures and other
installations necessary to serve areas within the town subject to
the restrictions in $100-31.
(16) One-family detached dwellings not to exceed one (1) dwelling
on each lot.
(17) Restaurants. Formula food located within a shopping center in
this zone subiect to the following requirements:
(a) There must be sufficient parking as provided for by the Article
XIX Parking and Loading Areas of this chapter, and such parking
area shall be available within the shopping center site to
accommodate the use.
(b) The operation of the establishment shall not create traffic
problems.
(c) There shall be no counter serving outdoor traffic via a drive-in,
drive-through drive-up, drive-by or a walkup window or door.
(d) Exterior signaqe shall conform in all respects to Article XX,
Signs of this chapter and further, may not be lit from within.
(e) Advertisements, including trademark logos rnay not be affixed,
painted or glued onto the windows of the business or onto any
exterior structure, including waste disposal receptacles and flaps.
(f) The signaqe must conform to the existing color theme and
signaqe style of the shopping center.
(q) The existihq exterior architectural style of the shopping center
building may not be altered or modified in any way to
accommodate the proposed use.
(h) The use must be located within the shopping center's main
primary building complex and may not be located within a single
freestanding structure within tl�e shoppinq_center site.
(18) Restaurants Take-out,provided that eating on the premises
of the take-out restaurant shall be perMitted only inside the
structure or in areas specifically designated and properly
maintained outside of the structure and where the minimum lot size
for a freestandingstructure is forty tliousarid (40,000) square feet.
09) Terminal/bus or truck.
(20) Transportatiori service Private, including garage and
maintenance facilities.
(21) Veterinarian's offices and animal hospitals subiect to the
restrictions in $100-31.
9. Section 100-101.0 General Business (B) (Use regulations) is
hereby amended as follows:
Y .Y
OCTOBER 2.8, 1997 41 .3
C. Accessory uses. The followinq uses are permitted as accessory
uses and, except for residential accessory uses and signs, which
are governed by Article XX, are subiect to site plan review:
(-1-)-Accesse y-uses--set-ferth--in-and-as-regulated-by-§' O-34-G�14
through-(8)--and_(-I Q)-of-the-Agricultural-conservation-9istrict,
subject-te-the-senditiens-set-.for-th-in-§.100-33-thereof.
(1) Any customary structures or uses which are customarily
incidental to the principal use.-except-these:prohibited-by-this
ehapter-
(2) Boat docking facilities for the docking, mooring or
accommodation of noncommercial boats subiect to the restrictions
in $100-31.
(3) Garages Private provided however, that not more than two (2)
passenger automobile spaces in such garages may be leased to
persons not resident on the premises.
(4) Garden house, toolhouse, storage building playhouse, wading
pool swimming pool or tennis court incidental to the residential use
of the premises and not operated for stain, subiect to the
restrictions in $100-31.
(5) Home occupation as restricted in 10� 0-31.
(6) Horses and domestic animals other than household pets,
provided that such animals shall not be housed within forty (40)
feet of any lot line Housing for flocks of more than twenty-five (25)
fowl shall not be constructed',with in fifty (50) feet of any line.
(7) Off-street parking spaces accessory to uses on the premises.
Not more than four (4) off-street parking spaces shall be permitted
within the minimum front yard.
(8) Open storage of materials or equipment, provided that such
storage shall be at least twenty-five (25) feet from any lot line, not
be more than six (6) feet high and be suitably screened by a solid
fence or other suitable means of at least six (6) feet in height.
(9)The storage of either a boat or travel trailer owned and used by
the owner or occupant of the premises on which such boat or travel
trailer is stored, for his P&sonal use, subject to the restrictions of
106 0-31.
0 0) Wineries may have an accessory gift shop on the premises
which may sell items accessory to wine, such as corkscrews, wine
glasses, decanters, items for the storage and display of wine,
books on winemaking and the region and nonspecific items bearinq
the insignia of the winery. Wineries may not have a commercial
kitchen as an accessory use but may have a noncommercial
kitchen facility for private use by the employees.
ll. This local law shall take effect upon the filing with the Secretary of State.
" Underline represents additions
Strikethrough represents deletions
4714,
OCTOBER 28, 1991
28.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
2:9:.-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 E Voorhis, LLC, at a cost not to exceed
$1,165.50, to provide Environmental Review Services to the Town of
Southold with regard to a proposed "Local Law to Revise Business Uses".
29.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
30.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby rejects
the bid of KJB Industries, Inc., Riverhead, in the amount of $27,595.00,
for the construction of stairs and landings at the end of Rocky Point Road,
East Marion; and be it
FURTHER RESOLVED that the Town Board hereby authorizes and directs
the Town Clerk to readvertise for bids to construct a 11 ft. wide timber
stairway to the beach at the end of Rocky Point Road, East Marion, New
York, all in accordance with the the NYS-DEC Permit.
30.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
31 .-Moved by Councilman Moore, seconded by Councilwoman Oliva,
WHEREAS, there was presented to the Town Board of the Town of
Southold, as the 14th day of October, 1997, a Local Law entitled, "A
Local Law in Relation to Wireless Communication Facilities"; and
WHEREAS, this Local Law was referred to the Southold Town Planning
Board and the Suffolk County Department of Planning .for recommendations
and reports; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Wednesday,
November 12, 1997, Southold Town Hall, 53095 Main Road, Southold, New
York, as time and place for a public hearing on this Local Law, which
reads as follows:
A Local Law in Relation to 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, and-
television, sueh 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.
OCTOBER 28, 1997 4 1
5
WIRELESS COMMUNICATION FACILITY. A wireless
communication facility is any unstaffed facility for the transmission
and/or reception of wireless telecommunications services usually
consisting of an wireless communication facility array, connection_
cables an equipment facility, and a support structure to obtain the
necessary elevation The support structure is either a building,
telecommunication 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 telecornmunication tower is a
type of wireless communication facilit redesigned and constructed
specifically to support an antenna array and rnay include a
monopole, self-supporting tower, quy`wire support tower and other
similar structures. A wireless communication facility attached to an
existing building or structure shall be excluded from this definition.
2. Article XVI is hereby added and shall be entitled "WIRELESS
COMMUNICATION FACILITIES. "
3. Section 100-160. Pirpo.se is added as follows:
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 approved 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 existingq buildinqs and
towers rather than on newlv 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.
41 .6 OCTOBER 28, 1997
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 except as 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 subject to site plan approval and must
meet the following requirements.
(1) 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 hei. hq t 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 (100) from the
nearest property line and three hundred feet L300') from any
landmark property or district listed by federal, state or town
agencies.
(2) Wireless communication facilities on Existing
Telecommunications Towers shall require a special exception
approval pursuant to this chapter unless otherwise allowed by the
terms of a prior special exception approval.
,..,(3) Wireless Communication Facility on Telecommunications
Towers - Shall require special exception approval pursuant to this
article and shall not proiect 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
proiect higher than ten(10)feet above the average tree canopy
height in that radius measured from ground level. If there are no
buildings 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 facility 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 authorizing such facility has-been
approved by'that government The height of such W,-ility may be
established by the public agency_.
(5) A wireless communication facilities is a permitted use, not
reguirina site plan approval 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 rnaximum heights specified above.
B. In Commercial Districts includinq LB FIB and B a wireless
communication facility is subject to site plan approval and rnust
meet the following requirements.
OCTOBER 28, 1997 41 7
(1) Wireless communication facilities on Buildings are a Permitted
use Wireless communication facilities on buildings shall be no
higher than twenty feet above the average height of buildings
(excluding signs fences, and walls) within 300 feet of the
proposed facility Wireless communication facilities on buildings
must be located at least three hundred feet (300') from anv
landmark property or district listed by federal state or town
agencies.
(2) Wireless communication facilities on Existing .
Telecommunications Towers are a permitted use unless otherwise
restricted pursuant to the terms of a prior special exception
approval.
oval.
(3) Wire Communication Facility on Telecomrnunii cations_Towers
are a Permitted use but shall not project higher than twenty feet
above the average heiqht 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 project
higher than twenty feet above the average tree canopy height in
that radius measured from ground level If there are no buildings
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'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 (109)
from the nearest dwelling unit and three hundred feet (300') frorn
any landmark property or district listed_�federal state or town
agencies.
(4) A wireless communication facility is a permitted use, not
requirinq 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 government.
C. In Industrial Districts including LI and LIO, a wireless
communication facility is subiect to site plan approval and must
meet the following requirements.
(1) Wireless communication facilities on buildings are a permitted
use provided the height of the wireless communication facility
does not extend more than one hundred feet (100') above the
existing grade and the wireless corn rnun1cation 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 Existinq
Telecommunications Towers are� rr enitted unless otherwise
restricted pursuant to the terms of a rip or Special exception
a9proval.
(3) Wireless Communication Facility on Telecommunications
Towers are a permitted use provided the height of flip 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
hundred feet (300') from anv landmark property or district listed by
federal. state or town agencies.
41 8 OCTOBER 28, 1997
(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 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:
(1) that the applicant is a public 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 render adequate service to flip public, and
(3) that the applicant has made substantial effort to locate or
collocate on existing towers or failing that that the applicant 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
special approval for wireless communication facilities:
(1) the height of the proposed tower shall be the minimum
necessary to render adequate service, and
(2) the wireless communication facility has been situated to
minimize itsproximity_and visibilit , to residential structures,
residential district boundaries and landmarks desi hated by town,
federal or state agencies eLnd
(3) the wireless communication facilities is designed and situated
to be compatible with the nature of uses on adjacent 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 surroundin tree building or_folia.ge coverage to minimize its
visual impacts: and
1
OCTOBER 28, 1997 4.19
(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:
(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) adjacent 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: (g) adiacent roadways and/or private rights of way; (h)
proposed means of access (i) setbacks from property lines; (i)
elevation drawings of the structures: (k) a long environmental
assessment form with visual addendum (1) and other information
deemed by the Zornin_gaq rd to be necessary to assess
compliance with this law..
(2) Each application shall include a written site location alternative
analysis describing the location of other sites considered, the
availability of those sites: the extent to which other sites do or do
not meet the provider's service or engineering needs and the
reason why the subiect site was chosen.
(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.
(4) Each application shall include a plan which shall reference
all existing Wireless Communication Facility locations in the
Town of Southold any such facilities in the abutting towns which
provide service to areas within the Town of Southold any changes
proposed within the following twelve (12) month period including
applicant's plans for new locations and the discontinuance or
relocation of existing wireless facilities Alternatively, at the
beginning of the near the a�al
cant may submit an Annual Wireless
Communication Fgq t Plan containing the aforementioned
information for the calendar year.
(5) A landscape plan showin specific landscape materials, fencing
and maintenance arrangements.
4 2.0 OCTOBER 28, 1997
(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 (50/6) of the total proiect cost as
determined for building permit fee assessment purposes.
(7) A copy of the deed or lease agreement establishing applicant's
right to use the parcel on which the wireless communication
facilities is to be located.
(8) An engineering analysis of the radio emissions and a
propagation map for the proposed wireless communication facility.
The analysis shall be prepared and signed by a New York State
licensed professional engineer specializing in electrical
engineering with expertise 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 analvzed. 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 ratinq_specified by the manufacturer.
(9) A "search rind' prepared,signed and sealed by a qualified
radio frequency engineer registered in New York and overlaid on
an appropriate background map demvnstratina 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 _art of this requirement.
E. Conditions The Zoning Board shall consider the following in
establishing conditions on the issuance of the special exception
approval.
(1) In reviewing special exception approval applications required
by this Section the Zoning Board of Appeals shall consider the
Tow is policy as stated in this Article When considering
appropriate height in coniunction with such applications, the
Zoning Board of Appeals shall be more permissive when a facility_
is proposed for collocation by more than one service provider, and
less permissive when the facility is proposed for use by a single
rop eider. .
(2) In approving a Special Exceptio y waive
or reduce the criteria in this Article to the extent specified below. if
the Zoning Board concludes that the goals and stated purposes of
OCTOBER 28, 1997 42 t
this law are better served, and that doing so will have no
detrimental effect on adjacent properties or on the public health,
safety and welfare and thereby:
i Increase the height of the proposed tower up to fifteen
feet over the height allowed by this code with a maximum
total height of no more than sixty feet (60').
ii. Minimize Proximity of the tower to residential structures or
historic landmarks listed by federal, state or town
agencies;
iii Modify the planting of surrounding tree coverage and
foliage to account for existin vegetation and land
contours
iv. Modify the design of the tower with-Pa ticular reference
to design characteristics that reduce or eliminate visual
obtrusiveness;
(3) At the request of the building inspectors which shall be no
more frequently than annually, the provider shall have each
wireless communication facilit 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) Any special exception approval granted under this Article shall
have a term of five years commencing from the grant of the special
exception which may be extended for an additional five year term
upon application to the Zonin Board: On a renewal application,
the applicant shall demonstrate that the wireless communication
facility is in compliance with all applicable laws, rules and
regulations and with all of the conditions of the special exception
approval andsite plan, that the faci ide
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 to the Town Code
at that point in time.
-A 22 OCTOBER 28, 1997
8. Section 100-164. Historic Buildings and Districts is hereby
added as follows:
No wireless communication facility is allowed on any designated
landmark property or district listed by federal state or town
agencies except as specified below:
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 raterials-of the building.
B. Any 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.
9. Section 100-165. Design Standards is-hereby added as follows:
The following design standards shall apply to wireless
communication facilities installed or constructed pursuant to the
terms of this chapter.
A. Camouflage on Buildings. When a wireless communication
facility extends above the roof height of a building on which it is
mounted, every effort shall be made to.conceal the facility within or
behind existing architectural features to limit its visibility from public
ways and residential uses but still permits the facility to perform its
designated function. Facilities mounted on:a roof shall be stomped
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 lot size for the siting of a telecommunication tower
shall be in accordance with the followinq_No tower can be built on
a lot which is nonconforming in size to the reguirernents set forth
below:
Minimum Lot Area-
Minimum Lot Area- Residential and Minimum Lot Area-
Commercial Districts Marine Districts Industrial Districts
Per Bulk Schedule per 5 acres Per Bulk Schedule
zone per zone
C. Setbacks Towers and Equipment Facilities shall adhere to the
setbacks for principal uses in the Bulk Schedule applicable to the
zone in which the structures) are located.
Q. 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.
OCTOBER 28, 1997 42.E
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 up
to 1000 square feet The equipment facility shall be constructed
with a finish similar to that of adjacent 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 parking spaces
shall be provided for service vehicles. Any regrading for
stormwater retention that is required by the Town Engineer shall be
accommodated on-site.
G. Site Lighting. As independent freestanding facilities on separate
sites will not be accessible to the public, the lighting permitted shall
be the minimum required to protect the public welfare. Facilities
sited on existing developed sites shall be incorporated into the
lighting and landscaping plans of those sites.
H. Access. Access to tower or monopole areas shall be from
established site access points whenever possible.
I. Dish Antennas. Dish antennas shall be colored, camouflaged or
screened to the extent'-that they are as unobtrusive as possible and
in no case shall the diameter of a dish antenna exceed six feet (6).
J. 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-
twenty (220) volts.
K. Collocation. Wireless Communication Facilities shall be
designed to provide for collocation by multiple providers; or
designed so that theycan 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
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 designated by the town,
shall not exceed the height of vegetation at the proposed location.
If the 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
424' OCTOBER 28, 1997
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/pray in color, have a
galvanized finish or be colored appropriate to the tower's
locational context to the extent that the°tower is as unobtrusive as
possible unless otherwise required by the Federal Aviation
Administration (FAA) If a wireless communication facility is
installed on a structure other than a tower the antenna and
supporting electrical and mechanical equipment must be of a
neutral color that is identical to or closely compatible with the
colors of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
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
up er 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 property line and a second-row at 90% of the
distance between the tower and property line (see illustrations
below) Transplanted trees shall have a minimum caliper of 3
inches be spaced on 30 foot centers and have a typical height at
maturity of at least 50 feet A three year bond or other assurances
shall be required to ensure that the plantings survive and are
maintained.
ELEVATION VIEW PLAN VIEW
_ Property Line
—••— IIIIIIIIM_•• /� --—�— —•-�IIIIIIrri11111111�.=•I
100,
as ..
4
Tower --�\1 � ,nu,p,`'�y'tnN\"� /' ����i' •��'•. 'gnlll '`
\ \ J••J. ;
Trees
20%30'(t;!F4-�
Buildings ' ♦ - \ 1 j ,YI ti i ! l0W@r
—T — � t \ 1 30
�
--•--•— — F—•— •--•—�1
log to Property Line I
j 170'to Progeny Lane
I `� •� �� . --�unnr.riMnl 1
OCTOBER 28, .1997 4.25
E Alternate Screening The location of a cellular wireless
communication facility on an existinq water tower, silo or equivalent
vertical structure, including an existing cellular, radio or television
tower, is permitted without the need to meet Conditions A. B, 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 principal buildings and shall not encroach on
planting buffers. parking areas or otherwise impair the operation of
previously approved systems such as stormwater drainage basins.
Existing buildings and structures should be used in the siting of
freestanding towers to contribute to the visual screening of the
tower.
G. Commercial. Towers to be sited on undeveloped properties in
the commercial districts shall apply the standards of the condition
in §100-165(C) herein to'all property lines including the streetline,
except that a driveway shall be permitted to gain access to the .
facility for maintenance.personnel and equipment.
H. Airport Regulations. All towers shall comply with applicable
Airport Hazard Regulations and shall be subject 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 public safety.
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 o( 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 accompHh 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 property.
426 OCTOBER 28, 1997
12. Section 100-168. Nonconforming Uses is hereby added as
follows:
Pre-existing telecommunication towers shall be allowed to continue
their usage as they presently exist New construction, other than
maintenance on a pre-existing tower, shall comply with the
requirements of this ordinance.
13. Secti.on. 100-169. Severability is hereby added as follows:
The various parts, sections and clauses of this local law are hereby
declared to be severable. If any part, sentence, paragraph. section
or clause is adiudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of,the ordinance shall not be
affected thereby.
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.
6) Public utility rights-of-way as well as structures and other
installations necessary to serve areas within the town, except that
wireless communication facilities must obtain approval pursuant 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 most 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,
V
OCTOBER 28, 1997
4.2.7
flagpoles, radio towers, television towers and television aerials,
provided that any television or radio aerial shall not be located
nearer than a distance equal to its height above the roof or other
permanent structure to which it is attached to any overhead electric
transmission line carrying more than two hundred twenty (220)
volts.
(2) Bulkheads, observation towers, monitors, fire towers, hose
towers, cooling towers, water towers, grain elevators or other
structures where a manufacturing process requires greater height
but excluding wireless communication facilities, provided that any
such structures that are located on any roof area that exceed in
height the limits in the particular district shall not in the aggregate
occupy more than twenty percent (20%) of the horizontal area of
the roof and are set back one (1) foot from the edge of the roof for
each additional foot in height greater than the specified height.
(3) All mechanical equipment necessary to operate building
services, which equipment is located on [lie roof of a structure,
shall be screened in a manner approved by the Planning.Board.
II . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
Strikethrough represents deletions
31 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hu'ssle,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: ' Just a word of explanation. We have just received
notification of a grant In the amount of..$165,000 ' from the Ag and Markets
of New York State, which will be used for farmland rights.
32.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute the New York
State Department of Agriculture and Markets Agricultural Farmland
Protection Implementation Grant, in the amount of $165;000, for the period
of October 15, 1997 through October- lit, 1998.
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 Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby creates
the position of Town Comptroller, and sets a salary of $58,506.58 for the
position.
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 Oliva, seconder! Icy Councilman Townsend; it was
] RESOLVED that .the Town Board of the Town of Southold hereby appoints
Alicia B. Marin as a Conservation Advisory Council Youth Member,
effective immediately, through June 18, 1998.
34.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
42.8 OCTOBER 28, 1997
35.-Moved by Councilwoman Hussie; seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby requests
the New York State Department of Transportation to conduct a traffic
survey at the intersection of NYS Route 25 and Oaklawn Avenue,
Southold, for the purpose of installing a traffic light or push-button
traffic light.
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 Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby agrees
to participate in the Radford University (Radford; Virginia) Criminal
Justice Internship Program, and to accept Roman' Wilinski as the Intern
under this program.
36.-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 resolutions for the
moment. We do have a hearing scheduled for five o'clock, so we have five
minutes. Rather than call on information from the audience at this time, we
will wait until after the hearing. Bill, maybe you .want to tell us about
this. We had a young woman come in from the Special Olympics. They are
looking to give young people an experience at camp, and they have been
working with the County, and they will be using Peconic Dunes, and they
came and asked for the Board's support. Would you like to fill us at little
bit on how this came about?
COUNCILMAN MOORE: You did a good job of summarizing, but I will flush
it out some more. I had a good opportunity to meet with a Nancy
Mariono, who is a Regional Director for Special Olympics for Suffolk
County, and she has taken the program to great heights, and one of the !
special programs she wants to do is a special camp to be held at Peconic
Dunes Camp. It is going be happening next summer in August, and she
asked for an opportunity to come to Town Board, and I set it up this
morning for her to get the Town's approval of this idea, and it's support
for it. She came with a. video, and was all excited about our willingness to
participate. I look forward to working with her, and the Town to assist
this special program any way we can. The Town Board was very up on the
camp that they want to run. That will be next summer. She asked to
spread the word in the community, that anyone that is interested in
volunteering we will hook you up as far as participating in the special
camp. We already have ROTC, and Interact in local schools. Some sixty
youngsters have volunteered to act as volunteers. in helping where they
can. If this is something that interests you, please, let me know, and we
will put you in touch with the folks at Special Olympics. . Thank you.
SUPERVISOR COCHRAN: Did you get a date . -for something that was
happening in Southampton, too. Do you have that date?
COUNCILMAN MOORE: East End Skills Eariy Intervention Tournament
Sunday, November 23rd, at the Southampton High School. She encourages
all of us to go over there, and see what they are all about, so we can get
an idea of what we might .see next summer. That's over at .Southampton
High School, and there's a phone here, 928-4489, if you are interested in
seeing that, or participating.
SUPERVISOR COCHRAN: On the agenda you did hear us mention Lake
Maratooka., and this is as you look toward the lake, the nice rolling hill
belongs to the School District, on your right belongs to the Park District,
and on the left up to this point has belonged to -the Nature Conservancy,
and they are going to give this ten acres to the Town for preservation, so
we did have a gentleman, Mr. Jacobs, in from the Nature Conservancy this
morning, and we presented the Management Plan in relation to the land.
That will go to' their national organization, and that particular parcel will
be turned over to the town. In addition I met recently with the
representative from the Mattituck School District, and the Mattituck Park
OCTOBER 28, 1997. 2-9
District, and they are willing to form a partnership with the Town, and we
would like to, once again, open up that vista on Lake Maratooka. Years
ago you could look out, and across the lake, and see just a lovely scene,
which it has all grown in now. It's phragmites, and it needs care, so
hopefully the three districts will be able to work together, the two
districts, and ourselves, and just straighten up the area a little. Also, I
feel very strongly that where it is public,- will be public band, they should
have access, and we would like to see the passage kind of access through
the property, but working with these other two groups maybe we can even
do a nature walk. The school was quite excited, because they felt that this
could turn into being an outdoor workshop. I understand the students do
already use the lake as part of their science projects, so this would be
just developing that a little bit further. It's now five o'clock. I need a
motion to adjourn for a hearing.
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that a recess be called at this time, 5:00 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.
Meeting reconvened at 5:05 P.M.
37.- Moved by Councilwoman Hussie, seconded by Justice Evans,
A regular meeting of the Town
Board of the Town of Southold,
in the County of- Suffolk, New
York, was held at the Town
Hall, 53095 Main Road,
Southold, in said Town, on the
28th day of October, 1997 .
PRESENT:
Hon. Jean W. Cochran, Supervisor
William Moore, Councilperson
Louisa Evans, Justice
Alice Hussie, Councilperson
Ruth Oliva, Councilperson
Joseph Townsend, Councilperson
In the Matter
of the
Increase and improvement of facilities for
the Southold Solid Waste Management District,
in the Town of Southold, in the County of
Suffolk, New York, pursuant to Section 202-b
of the Town Law.
RESOLUTION AND
ORDER AFTER PUBLIC
IiEARING
WHEREAS, the Town Board of the Town of Southold (herein
called "Town Board" and "Town" , respectively) , in the County of
Suffolk, New York, on behalf of. Southold Solid Waste Management
District, in the Town (herein called "District") , has requested
the increase and improvement of facilities of the District, as
hereinafter described, at the estimated cost of $200, 000; and
43.0 OCTOBER 28, 1997
WHEREAS, pursuant to the Order Calling Public Hearing
adopted September 30, 1997, a public hearing was duly called and
held by the Town Board on the 28th day of October, 1997 at 5 : 00
o'clock P.M. (Prevailing Time) at. the Town Hall, 53095 Main Road,
Southold, New York, in the Town, and considerable discussion on
the matter has been had and all persons desiring to be heard have
been heard, including those in favor of and those in opposition
to said increase and improvement of facilities of the Southold
Solid Waste .Management District; and
WHEREAS, the Town Board has duly considered and
reviewed all applicable federal, state and local laws and
regulations regarding environmental matters, including compliance
with the New York State Environmental Quality Review Act,
comprising Article 8 of the Environmental Conservation Law, as
related to the impact that the increase and improvement of
facilities of the District may have on the environment and, on
the basis of such consideration and review, the Town Board has
determined that no substantial adverse environmental impact will
be caused thereby;
NOW, THEREFORE, on the basis of the information given
at such hearing, it is hereby
DETERMINED, that it is in the public interest to
increase and improve the facilities' of the District by (i)
construction of a new scale house at the estimated maximum cost
of $40, 000 and, (ii) acquisition of various equipment for use its
and for the District at the estimated maximum cost of $160, 000 ,
as hereinabove referred to, the estimated total cost thereof not
to exceed $200, 000; and it is hereby
ORDERED, that the facilities of the District shall be
so increased and improved and that such new scale house shall be
constructed and such equipment shall be acquired and, further,
that the Engineer heretofore retained by the Town Board shall
prepare specifications and make careful estimates of the expense
of said increase and improvement of the facilities and, with the
assistance of the Town Attorney, prepare a proposed contract or
contracts for the construction of .such new scale house and the
OCTOBER 28, 1997 `43-1
acquisition of such equipment, which specifications, estimate and
proposed contract(g) shall be presented to the Town Board as soon
as possible; and it is hereby
FURTHER ORDERED, that the expense of so increasing and
improving such -facilities shall be financed by the issuance of
not to exceed $200, 000 serial bonds of the Town, and the costs
thereof, including payment of principal. of and interest on said
bonds, shall be assessed, levied and collected from the several
lots and parcels of land within said District by the Town Board
in the manner provided by law, but if not paid from such source,
all the taxable property within said Town shall be subject to the.
levy of an ad valorem tax, without limitation as to rate or
amount, sufficient to pay the principal of and interest on said
bonds; 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 Suffolk County within ten ( 10) days after
adoption hereof.
DATED: OCTOBER 28 , 1997
TOWN BOARD OF THE TOWN OF SOUTHOLD
Jean W. Cochran
Supervisor
William D. Moore
Councilperson
Louisa P. Evans
Justice
r
C-.2- LI
I �
Ali'e J . Hussie
Coycilperson
CLu,
Ruth D. Oliva
Councilpeer59D��
Joseph L. Townsend, i'
councilperson
SEAL '� Members of the' Town Board of the Town of
(SEAL)
Southold, New York
, .. OCTOBER 28, 1997
37.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Ilussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
38.- Moved by Justice Evans, seconded by Councilwoman Hussie,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK ADOPTED OCTOBER 28, 1997, APPROPRIATING THE
.AMOUNT OF $200,000 FOR THE INCREASE AND
IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID
WASTE MANAGEMENT DISTRICT, IN SAID TOWN, AND
AUTHORIZING THE ISSUANCE OF $200,000 SERIAL BONDS
OF SAID TOWN TO FINANCE SAID APPROPRIATION.
Recital
WHEREAS, the Town Board of the Town of Southold (herein
called the "Town Board" and the "Town" , respectively) , in the
County of Suffolk, New York, acting on behalf of the Southold
Solid Waste Management District (herein called the "District") ,
in the Town, has heretofore determined to increase and improve
the facilities of the District as hereinafter described and,
after a public hearing duly called and held, the Town Board has
determined, pursuant to the Resolution and Order After Public
Hearing duly adopted on this date, that it is in the public
interest to so increase and improve the facilities of the
District and ordered the ( i) construction of a new scale house at
the estimated maximum cost of $40 , 000 and (ii) acquisition of
various equipment at the estimated maximum cost of $160, 000;
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 Board) AS FOLLOWS:
Section 1 . The Town hereby appropriates the amount of
$200, 000 for the increase and improvement of facilities of the
District consisting of (i) construction of a new scale house at
the estimated maximum cost of $40, 000 and, (ii) acquisition of
various equipment at the estimated maximum cost of $160, 000,
heretofore authorized pursuant to the Resolution and Order After
Public Hearing referred to in the Recital hereof. The estimated
total cost of said specific objects or purposes, including
preliminary costs and costs incidental thereto and to the
financing thereof, is $200, 000. The plan of financing includes
the issuance of not to exceed $7.o0, 000 serial bonds of the Town
to finance said appropriation and such Amount, including
l
OCTOBER 28, 1997 433 _
installments .of principal and interest on such bonds, shall be
assessed, levied and collected from the several lots and parcels
of land within said District by the Town Board in the manner
provided by law, but if not paid from such source, all the
taxable property within said Town shall be subject to the levy of
an ad valorem tax, without limitation as to rate or amount,
sufficient to pay the principal of and .interest on said bonds.
Section 2 . Serial bonds of the Town are hereby
authorized to be issued in the principal amount of $200, 000
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) It is hereby determined that the period of
probable usefulness of the specific object or purpose for which
(i) $40, 000 principal amount of said $200, 000 serial bonds are
authorized to be issued, within the limitations of Section 11 . 00
a. 35 of the Law is five (5) years and (ii) $160, 000 principal
amount of said $200, 000 serial bonds are authorized to be issued,
within the limitations of Section 11. 00 a. 28 . of the Law, is
five (5) 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 Town Board has duly considered and reviewed
all applicable federal, state and local laws and regulations
regarding environmental matters, including compliance with the
New York State Environmental Quality Review Act, comprising
Article 8 of the Environmental. Conservation Lata as related to the
OCTOBER 28, 1997
impact that the increase and improvement of facilities for the
District may have on the environment and, on the basis of such
consideration and review, the Town Board has determined that no
substantial adverse environmental impact will be caused thereby.
Section 4 . Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of said bonds shall contain the recital of validity prescribed by
Section 52 . 00 of the Law and said bonds, and any notes issued in
anticipation said bonds, shall be general obligations of the
Town, payable as .to both principal and interest by a general tax
upon all the taxable real property within the Town without
limitation as to rate or amount. The faith and credit of the
Town are hereby irrevocably pledged to the punctual payment of
the principal of and interest on said bonds and any notes issued
in anticipation of the sale of said bonds and provision shall be
made annually in the budget of the 'Town by appropriation for (a)
the amortization and redemption of the bonds and any notes issued
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 having substantially level or declining annual debt
service, Section 30. 00 relative to the authorization of the
issuance of bond anticipation notes, and Section 50. 00 and
Sections 56 . 00 to 60 . 00 of tfie Law, the powers and duties of the
Town Board relative to authorizing bond anticipation notes and
prescribing their terms, form and contents and as to - the sale and
issuance of the bonds herein authorized, and any other. 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 said
bonds, may be contested only if:
OCTOBER 28, 1997 4,35
(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.
Section 7 . This resolution shall take effect
immediately.
38.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
39.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED by the Town Board of the Town of Southold, in the County of
Suffolk, New York, as follows:
Section 1 . The Town Clerk is hereby directed to publish- the foregoing
bond resolution, in full, in "THE SUFFOLK TIMES", a newspaper published
in Southold, New York, and having a general circulation in said Town,
which newspaper is hereby designated as the official newspaper of the Town
for such publication, together with the Town Clerk's statutory notice in the
form prescribed by Section 81 .00 of the Local Finance Law of the State of
New York.
Section 2. this resolution shall take effect immediately.
39.-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 completes our planned resolutions. At this
time, we open up the floor. There are some seats up front here, if you
would like to come in and sit down. If there is anyone that would like to
address the Town Board on any Town related business? Mayor Kape111
MAYOR DAVID KAPELL: Supervisor and members of the Town Board, my
name is David Kapeil. I am Mayor of the Village of Creenport, and I am
delighted to have this opportunity to address you, and to be joined by
Deputy Mayor George Hubbard, Trustee Gail Horton, Village
Clerk-Treasurer Lorna Catus and Deputy Clerk-Treasurer Stephen
Brautigam. In April of this year, Deputy Supervisor William Moore,
invoking . his official title, utilizing the letterhead of the Town of
Southold, and acting in concert with developers that lie ' represents as an
attorney in his private law practice, began seeking to interfere with the
pending sale to the Suffolk County Water Authority of those portions of the
Greenport Water System that lie outside the incorporated Village. Mr.
Moore's efforts included the filing of an intrusive and offensive freedom of
information request, the placement of advertisements in local newspapers
seeking to drum up public opposition to the sale and then, through Patricia
Moore, his wife, an attorney, the filing of a misguided law suit against the
Village. In his lawsuit Mr. Moore chose to drop his official title in a weak
attempt to recast himself as an individual and distance . himself from earlier
misuse of his public office. Subsequently, over the strenuous objections of
Councilman Joe Townsend,. Mr Moore managed to foist the burden of his
obnoxious and bad faith actions on the people of Southold in the form of a
second FOIL request filed this time by the Town Board. This action was
,4336 OCTOBER 28, 1997
enthusiastically supported by Supervisor Cochran and the remaining
members of the Town Board, and was followed by the filing of a second
lawsuit, this one pitting the Town against it's own village, Southold versus
Creenport. Neither Supervisor Cochran nor Deputy Supervisor Moore ever
approached the village in a friendly or constructive manner for information
regarding the sale prior to these adversarial actions. In fact, Supervisor
Cochran joined with me in a meeting sponsored by Senator Kenneth
LaValle last February at which Senator LaValle, Water Authority Michael
LoCrande and several residents of the Paradise Point area were present.
The subject was the pressing water supply needs of the Town and the .
widely acknowledged incapacity of the Village to handle the problem. At this
meeting all participants, including Supervisor Cochran, pledged their
corporation in a sale to the Water Authority. Why did Supervisor Cochran
abandon her pledge? Why did Deputy Supervisor Moore first employ, then
drop the use of his official title in attacking the Village? Exactly who is
interfering with Town Policy? The answer is obvious. Under Mrs.
Cochran's leadership developers have gained control of Town Hall. The
reality becomes crystal clear in a statement made by Mr. Moore in
explaining his actions in a Suffolk Life newspaper report dated October .22,
1997 from which I quote. I got the idea because I represent people who
build houses and had to pay the hook-up fee. What right did Mr. Moore
have to invoke his authority as Deputy Supervisor, and utilize official Town
stationary in promoting the private interests of his developer clients, and
he did this by his own admission. Is this not a clear conflict of interest?
Speaking of conflicts, is it proper for Patricia Moore to be representing
developers seeking permits and approvals from Town agencies, when she is
the Deputy Supervisor's wife, and shares his private law office? What is
said about ethics in Town Hall when it is commonly asserted in local
business circles that if you need something from the Town of Southold, hire
the Deputy Supervisor's wife? The priority in Town Hall is not the interests
of the average resident but rather the selfish interests of a few privileged
developers. Let these developers pay the legal costs of Mr. Moore's
misguided actions. Why would the Cochran administration interfere with the
25% rate cut and improved water quality and service promised by the Water
Authority, especially when her administration has been unable to offer any
financial relief of its own to Southold taxpayers? The Village has been
providing drinking water to residents of Southold Town for 45 years.
Never has the Town Board complained, and never has the Town Board
offered to help. On the contrary, the Town has compounded the problem
by approving development after development on the condition that the
developers secure water contracts from the Village. This practice
effectively passed the buck for final decision making on many major
planning issues in Southold to the Village Board. And what a burden,
ultimately shouldered at the expense of critical village needs. Never has
the Town Board inquired about the finances, rates or other charges of the
Creenport Water System, at least not until it was announced that we would
realize $3,500,000 from the sale and spend most of it on badly needed
recreation projects that will benefit all residents of Southold Town such as
Mitchell Park, a YMCA swimming pool located in Creenport, and a skate
board park. How dare you assert a right to the proceeds of this sale now
that we are finally realizing a return; on our investment and using it to
improve the village and town. Shame on you. . You are consumed with
jealousy and hatred. My colleagues and I on the Village Board have rightly
interpreted your actions as adversarial and contrary to the interests of the
taxpayers and residents of the village who own the system. The Village
Attorney has filed a notice of appeal of the recent court decisions on the
FOIL matters, and we are confident that we will prevail 'on the legal issues
at hand. However, in the interest of public disclosure, and having
concluded that the efforts of the Cochran administration and their cohorts
to interfere in the sale have failed, and no longer pose a threat. We are
here this evening to deliver the information requested. You asked for it.
You've go it.
SUPERVISOR COCHRAN: And we will take it.
MAYOR DAVID KAPELL: Nine thousand five hundred pieces of paper at
$.25 a piece. The bill is in the mail.
SUPERVISOR COCHRAN: ' I don't think so.
OCTOBER 28; 1997 43.7
MAYOR DAVID KAPELL: We would like to have a receipt. You can send
it to us. These document show conclusively that all fees collected from
developers have been fully and property invested in capital improvements to
the system. The documents also reveal that the village is selling the
system for a price, that is discounted $2,000,000 below full market value in
order to allow the Water Authority to make further capital improvements,
and another $2,000,000 to provide for a 25% reduction in water rate to
Southold customers, a total commitment of $4,000,000 from the Village to the
Town. Don't be greedy. The smartest thing you can do now, Mrs. Cochran
and Mr. Moore, is step aside and let the Village provide the rate relief and
improvements in water quality and service that will result from the sale to
the Water Authority. Why not join us in our efforts to improve Greenport?
After all, what is good for Greenport is good for Southold Town. If not,
leave us alone as we move ahead with confidence towards the 21st
century. Thank you and good evening.
SUPERVISOR COCHRAN: We don't intend to respond to this.
MAYOR DAVID KAPELL: I'll be glad to answer questions out back.
SUPERVISOR COCHRAN: That's where you are used to operating out
back? State your name, please, and address the Board. You are not
addressing the audience.
CATHERINE LEE: My name is Catherine Lee. I just wanted to ask one
question as pertaining to the park. I am from out of town. 1 have heard so
much. People have even asked in another country, about the plans, and the
architecture, and you gathered plans from all over the world for the park.
Now, I am wondering what is happening with this park. Is it just going to
be some grass seed and few rocks?
SUPERVISOR COCHRAN: Excuse me, it is a different municipality. Would
you, please, attend a Greenport Board meeting, and ask your same question
of the Mayor. Someone else have a question? I send a letter to the Mayor
every Friday requesting a meeting since May 30.
FRANK CARLIN: I wanted to ask a _question directly to the Mayor while he
is here. I would like to do it.
SUPERVISOR COCHRAN: No.
FRANK CARLIN: Then I will direct it to you then.
SUPERVISOR COCHRAN: Come on up to the mike, please, and state your
name.
FRANK CARLIN: I have been wanting to ask him this question for over a
year. Frank Carlin, Laurel. I would like to know being that Mayor
Kapell is in the real estate business, he is an elected official, Mayor of
Greenport town, how did he get involved in negotiating to buy the Mitchell
Park property?
SUPERVISOR COCHRAN: You will have to attend the Greenport meeting,
and ask the question, Frank. This is not the forum.
FRANK CARLIN: I'm not accusing him, but to me it would be a conflict of
interest.
FRAZIER DOUGHERTY: My name is Frazier Dougherty. I have a
proposal under discussion, that you all may have looked at earlier. I just
wondered if you had any questions?
SUPERVISOR COCHRAN: This morning we felt there was not enough
information, and Councilman Townsend is going to contact you, and set up
a date for you to come into our next Board meeting, and explain your
proposal. '
FRAZIER DOUGHERTY: I would like to encompass this entire territory
with the response to this Federal Initiative. So, I am available.
43,8 OCTOBER 28, 1997
SUPERVISOR COCHRAN: Please, call my office. Ruthanne Woodhull will
.probably be the person answering the phone, and she takes care of the
agenda, .and she will schedule you for the next Board meeting.
FRAZIER DOUGHERTY: We have a limited window here.
SUPERVISOR COCHRAN: It's two weeks. I am going to take Ms. Richards.
LYNN RICHARDS: My name is Lynn Richards, and I am the administrator
of Southold Town Program for the Disabled. I am 'here today, because it
has been brought to my attention that the recreation and socialization
program for the disabled is going to change drastically at the end of the
year. I have also been informed that my position will .be terminated at that
time. My question to the Board today is, why is this happening?
SUPERVISOR COCHRAN: Number one, would you share with us who passed
this information to you?
LYNN RICHARDS: I would love to, but I wouldn't want that person to
suffer the fate that I may have to suffer.
SUPERVISOR COCHRAN: Okay, let me take a different tact. When you
heard this, I would expect as a professional you would have picked up the
phone, and at least inquired to the status of what you were hearing. The
first, I heard of this, was a fax that was sent to me by the Times-Review
reporter, Tim, right down here. It was on his desk, and it was faxed to
me, and he asked for a comment, and I said, I don't know anything about
it. I don't know what this is, Tim. Then we heard rumors that you people
were coming in today. That you felt the program was going to changed. We
heard just numerous things, also. So, I am happy that you here, so that
we can clear the air. I have had parents call me. I have had some of the
people in the homes call me. They are being told to vote for Mr. Wickham,
that he will save the program. 1 would like to believe that this is not a
political issue, that it is not being used in this way, because if it is
that is a sad day for Southold.
LYNN RICHARDS: Well, this is not a political issue for me.
SUPERVISOR COCHRAN: Let me finish. I have here a copy of my budget.
May I share a copy with you, and anyone else that would like to have it?
It shows next .year's budget, part-time employees under the Disabled
Program is $20,550 for your salary.
LYNN RICHARDS: That's impossible. My salary is $17,000.
SUPERVISOR COCHRAN: This is your salary for next year, and also, it
shows $3,100 for your trips, and your social part of your program.
LYNN RICHARDS: Correct, we have a $3,000 stipend that we have had
since I began. I have not used that stipend for the three years.
SUPERVISOR COCHRAN: What is changing?
LYNN RICHARDS: Nothing is changing. I am raising the money like you
told me to do, when we sat here ten years ago.
SUPERVISOR COCHRAN: Lynn, I was here when we hired you ten years.
I have supported the program all these years, and I have not ,objected to
your running this program, because the people that are involved, the
clients, enjoy the program. It is good. Okay? This is what my budget has
for next year. There has been no, no, no, whatsoever indication that you
are going to be leaving the first of the year, or that the program is going
out the window. There' is no founded facts for this. Now, let me take this a
little bit further. What we have been working on, if I may introduce former
Supervisor Frank Murphy, Frank and myself, and Chris Smith from Cornell
University have been meeting. This is just in the talking stages. We have
been up to see Mike Forbes, Congressman Forbes. I have spoken to
LaValle's Office, and we are looking to bring to Southold. . Frank, would
you like to explain the program, as you. .
-OCTOBER 28, 1997 .4 :9
LYNN RICHARDS: Excuse me. - 1 would be very happy to hear anything
Mr. Murphy has to say, but I have something to . say. It doesn't have
anything to do with me.
SUPERVISOR COCHRAN: I am just trying to show that these rumors are
unfounded, that there is no truth to it, that we are supporting in other
ways the program, more than the social. I get calls from time to time,
where people are looking for jobs for the disabled. We have begun to sit
down and discuss this, to try to put into place a possible employment type
program in addition to what we presently have with your social program.
LYNN RICHARDS: That is wonderful. That makes me very happy, but 1
would like to ask you right now, eye to eye, have you not planned to
terminate me at the end of this year?
SUPERVISOR COCHRAN: No. What am I telling you? Are you listening?
LYNN RICHARDS: I'm listening, Jean.
SUPERVISOR COCHRAN: I have no plans whatsoever, I say to .the world,
to terminate you at the end of year. There is nothing going to happen to
the program.
LYNN RICHARDS: I would very much like to read what I have here. Is
that alright with you?
SUPERVISOR COCHRAN: Certainly.
LYNN RICHARDS: The program has been very successful, as evidenced by
the growth of numbers, and the response from the parents of the
participants. Jean, you have not attended any of the functions. If you had
been at our Halloween dinner dance you would have found 200 people there.
if you had ever stopped by the Mattituck Bowling Lanes on Saturday
morning, you would see over 80 bowlers enjoying themselves. Not only is
the attendance high, but the participants look forward to monthly dinner
dances, trips to New York City, baseball outings, Saturday luncheons and
excursions, and I believe that you have plans to cut back on this program,
and I also believe that my contract,. as Director, is not being renewed.
Could it be that this is a reprisal for my speaking out against the proposal
for the Town home bound elderly program? This would be in direct
competition with my East End Companion Care business, and my
competitors, Care and Companions. Competition between private businesses
is healthy, while competition with the. Town government 'is not. In the past
I was pleased to have occasional referrals from the Human Resource
Center. Those referrals stopped when I had an unfortunate disagreement
with Venetia McKeighan, the Director • of the Human Resource Center, who
had acted as a paid consultant to me, when • 1 was starting my business.
Shortly thereafter Venetia McKeighan started urging the Town to open it's
own companion care business, and subsequent Town Board session Venetia
McKeighan moved slowly forward in creating this new program, saying it
would be good business for the Town, that it could be profitable for the
Town. In one Work Session she said, and I quote, that's where the money
is. The question of the future of Southold Town Program for the Disabled
must be judged by it's success in the past, and in the present, and my
continuation as Director must be fairly decided 'based upon my performance
in the past, and in the present. This should be the subject of an open
meeting of the Board. Leave the Programs for the Disabled intact and in
my care.
SUPERVISOR COCHRAN: Nothing has changed. There has been no change
in the program. There has been no change in your employment. There is
nothing planned for your dismissal in next year's budget. The funds are
there. The funds are there for the social aspect. I don't know how I can
convince you. I am telling. Here. Here's a copy. You can look at it
yourself.
LYNN RICHARDS: If it's in the budget, does that mean then at the end of
the year, that could you . .you would say now, publicly in front of
everyone, that I will running my program next year?'
44 0. OCTOBER 28, 1997
SUPERVISOR COCHRAN: I think I have said that more than once, Lynn.
I have said that several times today. You are not going anywhere. The
funds are here. I just feel badly that you weren't professional enough to
pick up phone, and come in, and say. . l'm sorry. You should have called,
and questioned me.
LYNN RICHARDS: Excuse me, Mrs. Cochran?
SUPERVISOR COCHRAN: Yes, Mrs. Richards.
LYNN RICHARDS: My name is Miss Richards. Every since the article came
out that Venetia did in the paper back in January, two weeks later I
received a memo from you, asking for my time sheets. That was two weeks
after that article came out in January. It was dated February 1st. I have
been running the program for well over ten years. That had never
happened before. Then I received another memo, and then another memo.
Why couldn't you have picked up the phone, and asked me?
SUPERVISOR COCHRAN: That was the direction of the Board. As I said
in the beginning of the meeting, most. of our departments do submit to the
Town Board a monthly report. I had asked you, you sent me one, then I
didn't receive any. Then I asked again. This is the last one we received,
but we are interested in what your program is doing. We are interested in
the services.
LYNN RICHARDS: I want to know why in the whole time that you have
been in office. .
SUPERVISOR COCHRAN: How many other members of the Board. .
LYNN RICHARDS: That's unfortunate. That is a really unfortunate
statement for the Town of Southold, isn't it? I have to ask you something
else, while we are at it. I had asked you back in February about, I
believe it was February, I may be off on the date, that I wanted to plant
flowers in front of the Town Hall, the disabled. We do this every spring,
and you told me, no, that I think it was the Girl Scouts did I hear had
done that? I just wanted to clarify that.
SUPERVISOR COCHRAN: No, last year I believe the sign out front said
the 4H.
LYNN RICHARDS: Because it looked so professional, all the petunias.
SUPERVISOR COCHRAN: This year it was done by the staff, the
impatients? The custodians. It's really sad. Here's more for the
public, if anyone would like to also see that it is included in the budget.
I would just like to say that we are working, and we would like to see an
employment type project in the Town of Southold. We have working with
Cornell Cooperative Extension. We are looking to raise funds for a
greenhouse, so if anyone knows where are some monies for a greenhouse we
certainly would appreciate it. Meanwhile we are looking to State and
Federal governments for that funding. So you will be hearing more about
this program. It is just in the talking stages right now. Okay, yes,
ma'am.
BARBARA KELLING: My name is Barbara Kelling, .and I am from Laurel,
and am delighted to hear that Lynn Richards will be continued,, if you are
voted back into office. I have known Lynn as Director of the Town's
Program for the Disabled for over fifteen years. I first came in contact
with Lynn, when she started a volunteer program for the disabled in the
high school students. My daughter, Kate, took part in that program.
Later when Lynn developed this current program for the Town, I became a
Board member of the East End Disabled Benevolent Fund. I have worked
with children all my life. For twenty years I was employed by Cornell
Cooperative Extension, as the coordinator of all 4-H Clubs on . north and
south fork, and speaking of Frank's project, I am a master gardener. I am
very happy, and would be happy on a volunteer basis to help. So, I am
well aware what makes a good program for children, disabled included.
Never have I experienced a more successful, or more well thought out
program than Lynn's. This program started with a small car of Southold
OCTOBER 28, 1997 441
citizens, and over ten years time has grown to a steady attendance of
approximately 200 to 250 young men and women. Someone right behind me,
who I have been with a long time. What other Southold Youth program can
say the same? Surely the Town has sponsored programs over the years,
that meet a few times with a marginal number of youngsters, like the
SOAR, and then peter out. Not this one, and there is only one reason it
is, and continues to be so well received and respected. That reason is
Lynn Richards. Without Lynn it would be nothing. She is the program, as
I am sure all my fellow citizens here will tell you. This woman has brought
in their horizons, and brought untold happiness to so many. She has taken
our Southold disabled men and women to ball games, Broadway shows, boat
trips around the Statue of Liberty. One trip, which 1 was a chaperone,
stands out in my mind. On this cold December day we loaded 47 Southold
disabled citizens on a bus behind the parking lot at the North Fork Bank,
and took them in to see the Christmas show at Radio City. Somehow Lynn
has managed to get us front row for her kids. Amazing. I never would
have attempted such a trip with physically and mentally challenged people.
She did it with grace, compassion, and that sense of true caring clearly
recognized by those she serves. 'She has sponsored dances at the
Soundview Restaurant, one being held just this Friday evening, the
annual Halloween dance, weekly bowling, shopping trips, and too much more
to mention. She is one of a kind and our town has been fortunate to have
her. She has not only given untold hours for this successful program, but
I have witnessed her taking, and giving caring advise to her constituency,
and their parents, seven days, and nights a week. She is always available
to them. ' Her part-time job, here at the town, doesn't end at 5:00 P.M.,
when the Town Hall closes it's doors. She has a Master's Degree in special
education, and she is highly qualified. It has come to my attention, also, I
wish I could tell you how, but I can't, that the Town is considering doing
away with her position. I am really happy to hear that is not so. I trust
what you say, and I will be happy to work as a volunteer within the next
two years, whoever is elected, whether . it be you or Tom. I would hate to
see disabled people used as pawns on an election year.
SUPERVISOR COCHRAN: That is exactly, what Is happening.
BARBARA KELLINC: It would be ,a totally pathetic. I don't think it's
happening.
SUPERVISOR COCHRAN: I think it's sad.
BARBARA KELLINC: I think it would 'be sad.
SUPERVISOR COCHRAN: It is very sad.
BARBARA KELLINC: You are right, and so I take your word for it, that
she is going to be returned. That there are no repercussions, because I
happen to be one of the people that wrote two of the letters to the Town
opposing the Town going into private business. I thought it was a stupid
move, and puts us all in a great amount of liability that we don't need. I
have worked with her. She is my friend. She does. a beautiful job. I would
not want her to take the consequences for any letters that I have written
to the Board, and I am happy to see that she has all her supporters here,
because you are all her friends, and I think your Director deserves a big
hand.
SUPERVISOR COCHRAN: Frank Carlin?
FRANK CARLIN: Frank Carlin, Laure.l. I hope this isn't going to be
political. I don't think so. It is going to be a question as a taxpayer, I
want to ask Joe Townsend, and Ruth Oliva, since we had all the smoke in
mirrors about two years back, garbage, lights, traffic, noise,. and
whatever, on the McDonald's issue, I would like to ask Joe Townsend and
Ruth Oliva since they opened up almost two years, what is your opinion of
that facility now?
COUNCILMAN TOWNSEND: A lot of legislation, first of all, as you know
that McDonald's . had been approved before the law 'on formula foods past,
but a lot of legislation didn't prohibit fast formula foods. What it did was
it put them in certain zoning districts, which tend to be the center of
town, and also, regulated how they looked, so that. a lot of the Taco Bell
OCTOBER 28, 1997
kind of logo thing would not apply in Southold. Well, they did have to
abide by our esthetic considerations, the no big logo, limitation on signs,
and so forth. I happen to think that McDonalds is one of the nicest ones I
have ever seen, and you know, since I don't see a lot of debris around,
because there is not a takeout counter. I mean there is not take out
thing. So, to answer to your question, I think it has worked out pretty
well for them. I would rather see them in the middle of town, but I think
it's worked out pretty well for them, and for the town. Ruth, do you want
to answer that?
COUNCILWOMAN OLIVA: Frank, frankly, I have never been in the
McDonalds here. Just from the outside passing by, and driving, is certainly
from everybody that I have spoken to, all over from the north and south
fork, is the Taj Maha of McDonalds, and it certainly is a very lovely
building. It looks good, and the whole idea behind this fast food restaurant
business or take out was to protect a town that we didn't to look like every
town. We wanted it to look like Southold. We did not want to have strip
zoning, and look like Route 58 with one sign after another, one golden
arch, or McDonalds, Burger King, or Taco Bell. We wanted to be Southold,
so we were fortunate enough to work with the Planning Board, McDonald's
was willing to work with the Planning Board, at least to come up with a
structure that looks the way it is. We were also fortunate enough to go out
and look for a good definition for a fast food restaurant, and I would
assume today, that we have one of the best Ordinances for fast food
restaurants in the .country, and I am proud of what we have done with it.
Thanks. .
FRANK CARLIN: The problem is, how close we come not to have it. Five
years before we ever, you know, really developed a McDonalds there, but I
agree with you, and I am glad to hear you say that, but I was reading last
Sunday's Newsday. It was in there about people running for office, and
stuff, for Congress, and stuff, and one person, I'm not going to mention
their name, said last Sunday in the news, I quote, the permission to allow
the fast food chain into the town meant the end of the town's rural
character. I can't see that. You just admitted now, it's one of the nicest
places we have in town. Why would that ever ruin the character of the
town? I don't understand why that was said for in last Sunday's
Newsday. I read it right here. Well, I will tell you one thing, I am glad
to see it there, rather than not have it there, and think it's better off
for us there, then we would of had to when it came to giving up two and a
half acres of the Laurel property of the taxpayers' property to the YMCA.
I would rather have that there, than see that would have happened. I got
one thing to say. I don't know where Linda' , Fletcher moved to.
Furthermore, I care less. But I only hope they are not trying to build a
McDonalds there. If so, I also hope that there is a another Frank Carlin
there. About all I'm going to say right now, but I believe it is one of the
nicest places we have in Southold. A lot of people .use it. It's not doing
any harm, and I got the video tapes home on those public hearings we had
about all the smoke in the mirror, a lot of smoking on the screen, pollution
and lights, and you can see the stars and all that nonsense. Once in
awhile people come over the house, and we laugh at .it. It is a big joke. It
is the best thing that ever happened in Southold Town. A lot of people use
it. Live and let live.
SUPERVISOR COCHRAN: Thank you, Mr. Carlin. Mr Wickham?
TOM WICKHAM: Tom Wickham, farmer in Cutchogue. I take exception to
the suggestion from the Supervisor that my candidacy might somehow have
been behind this discussion with Lynn Richards. That was an unwarranted
suggestion, and totally unwarranted. I had nothing to do with it. A
person came to me, and asked for my signature on a petition to see that
Lynn maintains her position, and I signed it along with hundreds and
hundreds of other people in this town. I would like to make a suggestion
to the Supervisor, and to the rest of the Board, because really it's a Board
issue as much as it is the Supervisor. Too much activity has been
conducted out of the sight of the public, and when things are done in
secret then people's concerns get exaggerated, and people start to wonder
what in the world is really happening here. If there is a discussion about
some broader thing with Mike Forbes, and Frank Murphy, and a lot of
other bigwigs, why couldn't that have been discussed openly in open
session, bring out the whole thing, bring Lynn Richards into it, so that
OCTOBER 28, 1997
everybody is in at the bottom. That's what open government is about, and
I think that this whole fracas could have been avoided, if, in deed, your
efforts are to continue her in next year's budget. Could have been
avoided if the Board had accepted in openness in this whole discussion. I
am reminded of the DEIS of the Cross Sound Ferry, that is currently
buried in secret in the Town vaults here in Town Hall. I am aware that
legal advise gives the Town a cover to hold it secret, but the Town doesn't
have to hold it secret, and there are benefits to keeping things open,
letting the people of this town participate in the affairs of government for
their education, for better decisions, and to. avoid fracases, and
misunderstandings, like you have had tonight.
SUPERVISOR COCHRAN: These things are not buried, Mr. Wickham, and I
believe you were in' Town Hall this past week, and you went into the
Building Department, and met with Mr. Fish and Mr. Boufis behind closed
doors for over 35 minutes. Let's talk about closed doors. You and I have a
debate tonight. Let's pick it up there. Thank you. Is there anyone else
who would like to address the Board? Yes, ma'am?
CAROL HIDDINK: I would. like to address Supervisor Cochran, and the
Southold Town Board. My name is Carol Hiddink, and I have a son who
is in a program with the Southold Town Recreation Department. Due to the
fact that you have assured . us that this will not terminate in January,
either the elimination of the program, or the Coordinator, I will leave that
part out, because I had heard. that as well. I just wanted to specify a few
of the things that she has done. Lynn was appointed to this position by
former Supervisor Frank Murphy in August of 1987. Since that time she
has taken bowlers each Saturday at the Mattituck Lanes, and at least twice
a month after bowling they have gone to local restaurants for lunch followed
by the movies or shopping in Riverhead, or Tanger Mall, or Smithhaven
Mall. She has made the parents aware of the Suffolk County Identification
Card for Handicapped Services, entitled them to reduce fares on Suffolk
County buses, and free admission to County Parks, and Lynn has taught
them about public transportation, and how to get the right change in coins,
as well as bills, so people could not take advantage of them. The third
Friday of the month they have a dinner dance, a different theme each
month. November to celebrate Thanksgiving, and December to celebrate
Christmas. It is a traditional turkey- dinner with all the trimmings, like
you would have at home. She has faithful parents, who volunteer to work
with her in the kitchen to make this possible. Some of them have received
proclamations from former Southold Town Supervisors thanking them for
their time, diligence, and dedication, and enhancing the quality of life for
the mentally and physically challenged persons in our community. In
addition, they have their annual Halloween dinner dance at Soundview
Restaurant. They go to a Mets baseball game at Shea Stadium every
year. They take trips to the city to see Broadway shows, such as Chicago,
Anne, Cats and Showboat, and go out to dinner afterwards at different
restaurants in the city. They have also been to Radio City to see the
Christmas show at Rockefeller Center. They have been to Mystic Seaport,
and the Aquarium in Connecticut. Just last weekend they took the Spirit of
New York Cruise around Manhattan with , a luncheon, on board followed by a
visit to the South Street Seaport in Manhattan. .There are always enough
chaperones for these trips, usually from the faithful kitchen staff. Besides
all of this the senior citizens play a big part in volunteering their time
as well. For years they have kept score for the bowlers at Mattituck Lanes
on Saturday morning. They have given time, and taken them to Island's
End Golf Course in East Marion each week from mid-April through
September, and ' taught them to play golf. Every summer .the Seniors
sponsor their annual picnic at the Veteran's Memorial Park in Mattituck.
How are all these activities paid for? Lynn has gone out, and successfully
raised funds through civil organization, and donations from private
individuals to pay for all the activities I have told you about, and I might
add that no person has ever been turned away from an activity or trip due
to lack of money. When you have a heart problem you go to the best. You
don't go to a regular MD. You go to someone that specializes in heart
problems, and has been in his professional long enough to establish a good
reputation, so you can trust him. This is what' you - have in Lynn
Richards. She has been with some of these kids since they were ten years
old. She is loved and trusted by them, and their parents, and she has
earned their trust by her relationship with them. In .addition, to make her
uniquely qualified, she has a brother, Stuart, who has Down's Syndrome,
444 OCTOBER 28, 1997
giving her lifelong exposure and experience, plus the heart necessary for
working with our special needs people of Southold Town. You might also
recall that Lynn was elected as . Suffolk Times Person of the Year in 1989
for her work and dedication in this area. After accE6pting this position she
went on to school and became certified' in Special Education as of 9/1/90,
and Special Reading as of 9/1/85 from University of State of New York
Board of Education Department. Thank you very much.
SUPERVISOR COCHRAN: Is there anyone else who would like to address
the Town Board?
SUSAN SWEENEY: Good evening. My name is Susan Sweeney, and I
come before you tonight on Lynn Richards' behalf'. I, myself, and my
children have been volunteers in the. Disabled Program. We have worked
with Lynn, and I am sure as you can attest from many people in this
audience, Lynn has put her heart and soul into this program. I was
thrilled to hear, Supervisor Cochran, that you do not plan to terminate
Lynn's job. I have to say that the first thing that carve to my mind when. I
did hear that, is that as an educator I have tenure; and as having tenure I
am able to say what I feel, and still be able to keep, my job. I hope that
will be same for the people in Southold, so that they can stand up and say
what they believe, and still know that they will hold their job in . this
town.
SUPERVISOR COCHRAN: Thank you. Any one else like to address the
Town Board?
JAY GAGANI : Jay Gargani, Southold. It seems Ilike there has been a
lot of heavy flack flying around tonight, so 1 will submit my request to you
in a more submissive tone. Resolution number 28, the word refer a Local
Law in regard to business reorganization as it relates to zoning, the word
refer in itself seems to indicate a structured situation, whereby a Local
Law has apparently been constructed, and is in an actual state of being.
My question is when would it be unwrapped? Will it Ilikely to have major or
minor consequences? Will it impact significantly by the exhaustive and
detailed work that was recently presented in printed form by the Task
Force that was assigned to that particular area?
SUPERVISOR COCHRAN: The resolution is in relation to the B zones, and
the changes of use in the B zones, it has been transferred out to our
Planning Department and the Suffolk County Planning Department for .their
review and comments, and that is accordance with the law.
JAY GARGANI : How will it impact all of the work that was recently
completed in this particular area, and was actually presented in printed
form?
SUPERVISOR COCHRAN: Joe is Chairman of this committee.
COUNCILMAN TOWNSEND: It basically has been fine tuning, trying to
eliminate any errors in the Code, any last minute changes. It is basically
the same format. The spirit of the legislation has been essentially there
for months, and now it is in the language of the Code, ' and basically what
it does is, it tries to do a couple of things. It tries to increase vitality
of the downtown areas by allowing certain things to happen. There are
more mixtures of residential in the hamlet business areas, which is a more
mixed use of residential and commercial. That is one thing. We have talked
about this before. Another thing that it does, it tries to limit the
intensity of commercial activity in areas where it is not good, either
because of traffic, or because of environment, so for instance there is some
LB zoned property throughout the town, that will have! less use.
JAY , GARGANI : With all due respect, Mr. Townsend, I have heard most
of that before, what you just said just now. What I really want to know
is, is this Local Law that is being referred to on this page, . number 28, is
this something entirely new? Is this superseding` the work that you had
previously done?
COUNCILMAN TOWNSEND: No, this is nothing new. This is it. This is
the same thing. This is not a new project.
•OCTOBER 28, 1997 '4 4 5
SUPERVISOR COCHRAN: Is there anyone else that would like to address
the Town Board on Town business? (No response. )' If not, I will call for
Board reports, starting on my right with Louisa Evans. Anything to report,
Louisa? Nothing at this time. Councilwoman Hussie?
COUNCILWOMAN HUSSIE: Well, we passed Resolution #20, which was for
the bonding for capping the Landfill. It's down to $5,800,000, which
doesn't sound like a number that you can be down to, but if you recall a
few years ago, it was much higher than that. Nobody asked about this,
but I am going to tell you anyway. I was very happy to know, that the
price of actually putting the cap on has reduced itself. The last number we
had was 1994. In 1994 there were talking about $250,000 an acre for
capping the Landfill. That has gone now. The estimate is about_ $150,000 an
acre. The other thing that we were able to negotiate, the agreement with
the DEC, that can produce and store some the material required for
capping, and that will be mulch, the stuff that comes out of your bringing
your leaves, and brush, and , stuff, into the Landfill, and also C&D, clean
CED, we can store also. Those two things have been major components in
our ability to bring the estimated cost of this capping down.
SUPERVISOR COCHRAN: Thank you. Councilman Townsend?
COUNCILMAN TOWNSEND: Aside from the normal things this week,
interviews and street investigations, and so forth, you know it's been a
very active week, because of all the events, and debates, and so forth. I
do want to take time to talk about the Mayor's remarks today, in as far as
I was mentioned in them. This is opinion. It's strongly put forth. I don't
adhere to that opinion, and a lot of this, and I was not aware of this
before Mr. Kapell and the Board came in. I did oppose the Town entering
the FOIL fray, if you will, because I thought it was a duplication of
effort, and I express my opinion on that. I thought that the Town and the
Village could work it out. I appreciate the Mayor's remarks. I think he,
you know, is attempting to help me, but I can't concur with the rhetoric in
this. I haven't thought about. It's the first time I have seen it. I don't
think this is toward the goal of human relations between the Town, and I
would like to see if we could (tape Change) I would rather that it didn't
happen. That's all I have to say.
COUNCILWOMAN HUSSIE: Joe, I would like to bring up the fact, that there
were really two parts to your decision making, and in deed, the entire
Town Board decision. If you recall, we all agreed that we would put in a
Board sponsored request for the information.
COUNCILMAN TOWNSEND: I didn't vote for that.
COUNCILWOMAN HUSSIE: You didn't vote for that?
COUNCILMAN' TOWNSEND: No, I did not.
COUNCILWOMAN HUSSIE: I know that you were adamant about the lawsuit.
SUPERVISOR COCHRAN: Councilwoman Oliva?
COUNCILWOMAN OLIVA: It was just a busy week, as we said, but one
thing of interest, I think Alice should really go into this perhaps more
deeply, because she has been involved for so many years, and we had a
very interesting meeting here, LIPA/LILCO meeting here to just
describe what the differences are, and what are the repercussions are
going with LIPA, or just to go out, and try to form our. own municipal
utility. Unfortunately, the people from LIPA were not here, and it was
just two people who are against LILCO. Nevertheless I found it a- very
interesting meeting, and I think the Board is going to be looking for- more
information on all these aspects, so that we can come up with the best
determined solution for the Town of Southold, and also if Alice would like
to expand on this subject.
.4 .6- OCTOBER 28, 1997
COUNCILWOMAN HUSSIE: I will expand. I was hoping to have a full
house. Didn't have a full house, but had some very interested people, and
I was absolutely surprised at the things that the general public is not
aware of. I put the number seven and a half billion dollars on the
blackboard, which is only the amount of the original bond. When you get
done with the whole thing, it comes out to be closer to twenty-three
billion dollars, when you get done paying the debt service on it, but one
the things that happened with this meeting was that a number of people
came up to me later, and said, would I, please,, do something about
spreading the education of this around, and I am going to. If you are
interested in helping in that, please, call the Supervisor's Office. You can
easily get to me that way, or else look me up in the phone book. The
other thing was, that I was disappointed that the people from
LIPA/LILCO did not show up. They had said, yeas, originally, when I
called them about a month ago, and then the day of the Judge's decision on
not allowing an appeal on the referendum, I got callls that said that they
had previous engagements. So, I played that up, and I guess I being not
being nice now, but they didn't even bother to show up and didn't care,
and evidently think the :whole thing is in the bag. I (hope that you don't let
that happen. I was talking to somebody else in Nassau County. Nassau
County has little groups of people who are trying to get themselves to
oppose this. It is not a done deal yet. The only agreement that has been
signed is an agreement to agree, but the actual real thing has not
happened yet, and we still have a year to talk to your elected leaders from
the top on down, and tell them what you think about this whole situation.
You are going to have to pay the mortgage, this seven and a half billion
dollar mortgage, and you tell me how you can borrow that much money, and
still bring your electric rates down. I would love to know, because I will
borrow all sorts of money then. I didn't mean to get up on a soap box but
this really burns me.
SUPERVISOR COCHRAN: We know that.
JAY GARGANI : It's very important. Jay Cargani, Southold. My
concern is in seeing all this classified information that was delivered here
tonight, this is reminiscent of what is going on in Washington these days
with papers flying around, suddenly found, some missing, some
unclassified, some not property inventoried. I'm just wondering what action
is the Board going to take tonight to safeguard the transportation of these
records, to guard themselves against further charges that perhaps some of
the information was damaged, or destroyed, or impaired in some way? I
believe I'm volunteering in carrying some of the boxes out for you.
SUPERVISOR COCHRAN: They will be put in our vault by our custodian
for safekeeping. We do have a vault.
TOWN CLERK TERRY: There's only one person that has a key, and that's
me, and the DEIS for the Cross Sound is not in it.
JAY GARGANI: I'm not doubting you. I'm trying to protect you.
SUPERVISOR COCHRAN: Thank you for your comment. Councilman Moore?
COUNCILMAN MOORE: I wasn't going to respond to the statement that the
Mayor gave. The bottom line was this, I put a request in for information.
The Village Clerk said it will take some time, tout you will get it.
Thereafter the Mayor, and the Board decided they weren't. going, to give me
the information. The course you take at that point is your appeal. They
ignored my appeal, and I sued, and the Judge said to the Village, you
have no good reason not to give the information, give the information, so
all the rest of that aside, I am very happy to see it, I am looking forward
to going through the information. That's what this was all about.. The
allegations that we are trying to stop the sale are inaccurate. We have
said, I have said, I look forward to the Water Authority coming in, and
taking over that system, and to the rate reductions that is going to come
from that, so everything is hot air, but I am looking forward to . reviewing
the information.
447
OCTOBER 28; 1997
COUNCILWOMAN HUSSIE: And at no point was there any expectation of
the Town receiving any money. As I recall, it was if there was anything
left over that hadn't been used, it was going to go to the ratepayers.
COUNCILMAN MOORE: Or to the Water Authority. Either one, to do for
the purpose for which that money was collected. That was the only point
there. On a lighter note, I was doing advertising before for Special
Olympics. Can I do advertising for arts in Southold Town? Can I take the
opportunity? There is a concert on November the 9th over at the Church
of the Open Door. A fourteen year old piano virtuoso is coming out_to play,
and I have heard nothing but raves about this young man. He was found in
the subways of New York playing a ' keyboard. New York Times calls him
Little Mozart. Even if you don't like piano music, take your children, go,
enjoy this. It is going to be an unbelievable opportunity. This group has
brought out musicians and groups to perform in town, that have been
under-appreciated by the community, and I heartily encourage you to look
for the ads in the paper, find a ticket, and get over there and listen to
this musician. It will be terrific. Anyway, I'm trying to lighten things up
a little bit on an otherwise flack filled evening. Thanks.
SUPERVISOR COCHRAN: I would like to share with you that we have
finished up the last two of our STAR meetings, one in East Cutchogue, and
one in Greenport. For those 'of you that don't know, and hopefully we will
continue to get out information, because Governor Pataki's STAR Program
is anyone making less than $60,000 a year will have the opportunity to
reduce their school tax by 440. These are for seniors over a five year
period. You really should check with the Assessors Office, and if you have
to fill out forms, there are forms, if you would please do so. Also, the
Graffiti and Vandalism Committee met, and we are planning a town-wide
cleanup. Once the- leaves come off the bushes, and the trees along the
highway, you begin to see all the litter that is kind of tucked in, and was
hidden by the greenery, so we are working with the three high schools,
and we will be involving other groups, and we hope to do the whole town
all in one day. We had the opportunity to meet with County Executive
Gaffney, and this is just the talking stage, and what we are looking for
are funds to buy the Arshamomaque property. The State is interested in
becoming a partner, as is the County, and some private monies. We have
already gotten a grant for $68,000, so you will be hearing more about that
as it progresses. At our East End Supervisor's meeting, as you know the
five east end towns have been working together on a transportation plan
regional to the East End. Val Scopaz, who is the head of our Planning
Department chairs that committee, and as Chairman of the East End
Supervisor's we did have Val give, a report this past week with some
recommendations, which we will be acting upon. There has been budget
review. There has been department head meetings, employment management
meetings. I had the opportunity to have lunch with the Long Island
Municipal Landfill Workers. They made me an honorary member, which was
quite fun. It has been busy, in addition to campaigning, but I would like
to say something in relation to Mr. Kapell's statements. The reason I
supported the FOIL as strong as I did is because I do not believe that he
is above the law. When you put in a request for. information within the
bounds of the law, you expect it to be answered. He chose not to. This in
my mind is not perhaps the' best role model for young people in the
community. We try to encourage them to stay within the bounds of the law,
and when they see someone in this position riot abiding the law, - it's a
negative. As far back as the meeting that the Mayor mentioned, last
February, from that time I have been requesting meetings with the Mayor,
and the Village of Greenport. May 30th parade both Boards marched in
the parade. We agreed that, yes, let's get together, and meet, and solve
some mutual problems. On several occasions I saw the Mayor, and said,
hey, let's get together, let's set up a meeting. No response, never called.
Since that time my staff sends a letter to the Mayor every Friday like
clockwork, please, will you meet with us. We have problems and concerns,
that are for the benefit of all of us. " The letter goes out every Friday. I
did have one response, that said that we are not meeting with you until
you pay the $60,000 that you owe us. We have had an audit. with our CPA
in relation to the Scavenger Waste Plant in Greenport. ' We do not owe the
Town of Greenport $60,000. So, my letter went back, sorry, Dave, our
accountants say that we do not owe you these funds, but, please, let's
meet. To date, since that letter, and every Friday out goes the letter, we
have not had a response from the Mayor. So, I question who is serious
44 OCTOBER 28, 1997
about meeting and solving problems. It's unfortunate that people were
given misinformation in relation to the Disabled Program, but it was
misinformation, and, Tom, I am just saying to you that one the house
directors that called said last night that her people in their home were
being told to vote for Tom Wickham. He will save the program. I just know
what I was told, and I am not making a direct accusation, but it would be
unfortunate if this was used as a political issue. It's disheartening,
because Southold, I believe, is not like that. Southold is a good town,
good people, people that care. The program itself could not exist unless
there were many, many volunteers, that worked with the program, and that
is a goodness in people to do that. That's all .I have to report at this
point. I would like to thank you for joining us this evening, and we look
forward to you coming again. We have a resolution. We have had a death
of a member of the North Fork Promotion Council, and we would like to
close the meeting with this resolution.
Moved by Supervisor Cochran, seconded by The Entire Town Board,
WHEREAS, this Board has learned with deep sorrow of the death of
WILBUR "SKEETS" LLOYD RAY,member of the North Fork Promotion
Council, Inc.; and
WHEREAS, in his service to the people of the Town of Southold since
1992, Mr. Ray distinguished himself as a dedicated and conscientious public
servant working in both Laurel and Creenport Town of Southold information
booths; and
WHEREAS, "SKEETS" RAY loved the East End of Long Island and
imparted his extensive knowledge of its history to the many visitors to the
North Fork in a unique and humorous manner, which will be missed sorely
in the future; and
WHEREAS, the Town Board of the Town of Southold wishes to give
formal expression of its loss in the death of WILBUR LLOYD RAY, a man
esteemed by his associates and respected by all; now, therefore, be it
RESOLVED that when the Town Board adjourns this day it does so out of
respect to the memory of WILBUR LLOYD RAY; and be it further
RESOLVED that a copy of this resolution be spread upon the minutes of
the Town Board meeting and a copy be transmitted to the family of
WILBUR LLOYD RAY that we may extend to them our sincere sympathy.
DATED: October 28, 1997.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
SUPERVISOR COCHRAN: May I have a motion to adjourn?
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
6: 15 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.
: y
Judith T. Terry
Southold Town Clerk