HomeMy WebLinkAboutTB-01/18/1983 420
SOUTHOLD TOWN BOARD
JANUARY 18, 1983
`9ORK..1QESSION
8:30 A.M. - Audit ,of outstanding _bills.
8: 45 A.M. Paul J. Flagg, Marine Scientist , who set up the Raft
Seed Clam Program for the Town, met with the Board to review the
1982 program, and present his proposal for year two, 1983 . Mr .
Flagg said the program was even more successful that he imagined
" it would be. The raft clams , which grew at an exceptional rate,
have now been planted in two sites. in Town waters, and their
growth rate is being studied further. Mr. Flagg ' s proposal for
1983 is higher than. the budgeted amount . Councilman Murphy , Council-
man Townsend and Bay Constable Czelatka will review Mr. Flagg' s
proposal , research the matching funds from the New York State Depart-
ment of Environmental Conservation, and make a report to the Town
Board at the February . lst meeting.
EXECUTIVE SESSION
9: 15 A.M. - Special Attorney Richard F. Lark and Executive/Admin-
istrator Victor G. Lessard met with the Board to discuss personnel
and job performance in the Building Department .
10: 00 A.M. - Mr. Paul Greenberg, Chief of Classification, Suffolk
County Department of Civil Service:, met with the: Board to discuss
position descriptions for employment for two Town jobs.
10: 30 A.M. - The Board began reviewing the agenda. Under reports ,
Councilman Townsend reported on proposals for highway planning;
Councilman Murdock reported on a possible health violation at a
local residence, and proposed information meeting for kerosene
heaters; Councilman Murphy reported on the annual CAST meeting;
Justice Edwards reported on the proposed bowling alley on Fishers
Island, the request of Pirates Cove Marina to have the Town go to
bid for removal and placement of moorings; Supervisor Pell reported
on a proposed information hearing on pending amendment to the Suffolk
County Tax Act ; County Executive Cohalan fighting the LILCO Shoreham
plant opening, and proposed electric rate increase.
11 : 05 A.M. - Mr. John Epidy , Captain Kidd Estates , Mattituck,
appeared before the Board to question who will pay the charge for
the proposed feasibility study for the proposed water district .
Supervisor Pell and Town Attorney Tasker advised Mr . Epidy that
initially it would be a Town-wide charge, and if the district is
created, the amount would be charged back to the district . The
feasibility study money would come from the 1983 contingency fund.
Mr. Epidy asked the Board to delay the vote on the study .as all
of the people in the Captain Kidd Water District are away and
have not been contacted. Further, Mr. Epidy maintained that the
present owner of the water company should be made to obey the law
and maintain his system, thereby saving the taxpayers money. Mrs.
Cleo Tsounis spoke in favor of the study and proposed district .
Mrs. Marge Drape asked the Board to help the Captain Kidd residents.
Mr. James Callahan said the Board should let the Board of Health do
their job and the Public Service Commission regulate the way they
should and the need for the establishment of a Town district would
not be necessary.
421 JANUARY 18 , 1983
11: 40 A.M. - The Board resumed reviewing the agenda. 'Supervisor
Pell reported on his progress in investing Town moneys in the Money
Market Fund, - which has been very successful .
12: 05 P.M. - Recess for lunch .
1: 30 P.M. - The Work Session reconvened and the Board resumed
reviewing the agenda.
2: OO P.M. - Mr. Joseph Ulrich, Southold, met with the Board relative
to the reconstruction of Jockey Creek Bridge. He asked for the
Town ' s support in convincing the County to raise the bridge at least
10 feet from the high water mark; there is now 5. 5 foot clearance.
Mr. Ulrich said that the present height restricts certain watercraft
from passing. utidE.r the bridge, and the use of his fa.c!.lity at the-
head. of Jockey Creek; as it is , commercial watercraft facilities
are greatly limited in the Town._ Supervisor Pell said he would
request an official of the Suffolk County Department of Public
Works to come out and further study the situation.
2: 25 P.M. - The Board resumed reviewing the agenda . At 2: 55 P.M. _
the Board reached Resolution No. 29 - Supervisor Pell ' s proposed
six month moratorium on new subdivision applications. Councilman
! Townsend said he has looked into this at great length and conferred
; with. the Town Attorney, and proposes this be handled by a Local
Law, in his opinion, the only legal, way to go about it . Supervisor
Pell stated that the resolution he put forth was a means of starting
Town Board discussion on the subject , and he .,Was' under the impression
the Board could come up with a. suitable: -resolution, however, if -
Councilman Townsend has gone this far into researching the method
of enacting a moratorium, he was asked to' present a proposal for
the February 1st meeting. Councilman Townsend .said he:wouid confer
with Town Attorney Tasker and County Planning Department As8istant
Director Arthur' Kunz, and have a proposed Local Law for.- the Town
Board on February 1st .
REGULAR MEETING
1. A Regular Meeting of the Southold Town Board was held on
Tuesday, January 18, 1983 at the Southold Town Hall , Main Road,
Southold, New York. Supervisor Pell opened the meeting at 3 :00 P.M.
with the Pledge of Allegiance to the Flag.
Present: Supervisor William R. Pell , III
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman ' Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W., Edwards
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Moved by Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that the Southold Town Board minutes- of the Organizational
Meeting of January 4 , 1983 and Regular Meeting of January 4 , 1983
are hereby approved.
Vote of the Town Board: Ayes : Justice Edwards , Councilman
Townsend, Councilman. Murphy , Councilman Murdock,. Councilman f
Nickles, Supervisor Pell.
This resolution, was declared duly ADOPTED.
JANUARY 18 , 1983 422
Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that the following audited bills be and hereby are ordered
paid: General Fund Whole Town bills in ',the amount of $37,625. 55
General Fund Part Town bills in the amount of $29 , 507. 24 .
Vote of' the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was, declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that the next regular meeting; of the Southold Town Board
will be held at 7: 30 P.M. , February 1 , 1983 at the Southold Town
Hall , Main Road, Southold, New York.
'Vote of. th e Town Board: Ayes : Justice Edwards , Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly' ADOPTED.
SUPERVISOR PELL: I would like to announce that we might have a
Special Meeting on February 8th if the bills are not ready to be
audited on February 1st .
I . REPORTS
SUPERVISOR PELL: These reports are on file in the Town Clerk' s
Office and anybody can review them by asking the Town Clerk.
1. Justice Tedeschi ' s monthly report (December 1982) .
2'. North Fork Animal Welfare League, Inc. ' s monthly report
(December 1982) .
3. Seed Clam Mariculture Program , 1982 report presented to
the Town Board today by Paul Flagg. -
4. Justice Price' s monthly report (December 1982) .
5. Long Island Cablevision ' s•monthly report (December 1982) .
6 . a. Police Department ' s monthly report (December 1982) .
6 .b. Police Department ' s annual report (1982) .
7.a. Building Inspector ' s monthly report (December 1982) .
7.b. Building Inspector ' s annual report (1982) .
8. Assessor' s monthly report (December 1982) .
9.a. Town Trustee' s monthly report (December 1982) .
9.b. Town Trustee' s annual report (1982) .
10. Councilmen ' s reports. Councilman Townsend?
COUNCILMAN TOWNSEND: A couple of things. One had to do with what
we were just talking about in Work Session, trying to develop a
system to protect those areas which I feel are in peril by overuse
of our limited supply of water, and that involved several meetings
with some people and next week I hope to get together with rep-
resentatives of the County Planning Commission , Town Planning Board,
Health Department , to see if we can work out a feasible Local Law
to protect these areas. The other thing that we are involved in
was on the Highway Committee , we met with representatives of Raymond,
Parish , Pine and Weiner to discuss guidelines for future needs of
the Highway Department . One of the things that we discussed was
limiting of dedicated roads and the way we might reduce the tax-
payers bill in the future. One of the reasons that the Town taxes
go up all the time is because we have more and more roads to service ,
maintain , which have not been provided for- in any other manner other
than tax dollars . In the future I think if we limit the amount of
miles of roads that we accept we change the basis on which we accept
it and we encourage cluster development we 'll be able to keep taxes
down as far as maintaining highways , and that was one of the things
we were discussing, Ray Dean , Superintendent of Highways , myself and
Paula Gilbert.
SUPERVISOR PELL: Larry?
COUNCILMAN MURDOCK: We had a meeting of the Code Enforcement.
Committee on January 12th , 1983 . Primarily what we discussed
was the 280A access , which is subdivision roads and getting
approval for emergency vehicle access to lots that have been
set aside over the years and somebody now wants to build on them.
We' re attempting to ameliorate some of the restrictions and try
and get a road system for those people that would be a little more
acceptable than what .is being required right now. We will have
another meeting on that subject on January .31st at 7:00 P.M. in
423 JANUARY 18 , 1983
the Town Hall . Also , this morning .during the Work Session I asked
that the Town start the procedure for setting a public hearing
with the fire services in Town who want to go over the .use of
unv rated kerosene stoves , as well as unvented stoves of. all .types
and we would like to start the process where we can start with a
public hearing. We' re going to contact the Department of State
for their latest regulations and we ' ll proceed along with. that
subject . Thank. you.
SUPERVISOR PELL:. Thank you. Councilman Nickles? (Nothing)
Councilman Murphy?
COUNCILMAN MURPHY: Just one short thing, Bill . On behalf of the
CAST Board of Directors we' d like to thank .all the people in
Southold Town for th.oir gLe. eraSiLZ this Christmas season .- It had
over 50% increase in .aonati6ns of money this past year and it was
most appreciated. Thank you.
SUPERVISOR PELL: Judge Edwards? (Nothing) I ' d like to report
that at the East End Supervisor ' s meeting, the Suffolk County
Executive was there and brought us up to date a little bit about
the Suffolk County Tax Act and the Supervisor ' s of the Five East
End Towd§ will request' a hearing be held in each of the townships
regarding the new collection of taxes . It is proposed that the
schools will go to a four tax payment system under the Town office.
So we are going to have a- hearing out here on the proposed new
tax act some time the first part ofMarch . Also, we discussed
the erosion on the beaches on the South Shore and the North Shore
with our County Executive , asking him to look into see if any
County , State or Federal aid is ' available for-, the erosion that
is occurring, on the eastern end of Long ,Island.: .
Next , I would like to announce that I . re'ceived a letter from .
Commissioner Chester saying that Frank Bear " of _the Town of Southold
was elected to be Chairman of the Advisory County-,.Trustees Park. and
Recreation. Frank Bear is a member of our Town and represents the
Town on this committee. He has been on it for three now and they
elected him this past- week to. President . Frank, we congratulate yoI.a
One of our .own. -
II . PUBLIC NOTICES
COUNCILMAN MURPHY: 1. United States Environmental Protection
Agency notice concerning the Greenport-Southold Scavenger Waste
Treatment Facility and the purpose of the proposed project is .to
eliminate public health hazards and contamination of groundwater
supply by eliminating the dumping of untreated scavenger waste
into an unlined landfill . Location,is the Incorporated Village
of Greenport and Town of Southold. There is .quite a large
description of it . This is posted on the Town Clerk' s Bulletin
Board. There will be additional hearings on this also .
2. Notice of. Complete Application- from- the New York State
Department of Environmental Conservation by Feanorio Sciotto to
construct 122 linear feet of bulkhead in the south basin and
construct 343 linear feet of bulkhead in the north basin at or
above mean high water. . Dredge up to 15 ft .. seaward of proposed
bulkhead to a depth of _ 3 ft . below mean low water. Of the
resultant 520_+ cubic yards of spoil , use 80 cubic yards as back
fill and truck remainder to landfill . Project located at Boatmens
Harbor Marina, west side of West Creek Avenue, Wickham Creek,
Cutchogue, Town of Southold. '_ Comments to the D.E .C. , Daniel J.
Larkin, by February 4, - 1983.. .° This " again is posted on the Town
Clerk' s Bulletin Board.
3. Notice of Complete Application to the New York State
Department of Environmental Conservation by Robert and Patricia
Troxel to construct 65 lineal feet of new timber bulkhead to tie
into existing bulkhead on eastern end of property., and extending
to end of dredged canal on western end. Bulkhead will be placed
no further than five feet offshore of mean high water. Approximately
ten cubic yards of clean upland fill to be used as backfill . A. 20
foot by 4 foot intertidal marsh fringe existing along eastern end
to be transplanted to western end of property prior to construction .
Project is located in dredged canal off James -Creek at 2800 Ole Jule
Lane, Mattituck, Town of Southold, Suffolk County. New York State
D.E.C. is lead agency. Comments` to Daniel J. Larkin, Stony Brook,
by February 4, 1983.
4. A very important one, and one that we've had going on in
Southold Town for „seve'ral. years �with the help of the senior citi-tens, `
JANUARY 18, 1983 424
and it ' s to -help people prepare,.-,:their income; tax. It will be done
this year again at the Peconicx'`.:Sen or Citizen Center on Tuesdays and
Thursdays from 10: 00 to 2 : 00, and at the Southold Free Library, Main
Road, on February 18th and March 25th from 10: 00 to 2 : 00.
SUPERVISOR PELL: That last notice is for people 60 years of age
and over to get this help.
III . COMMUNICATIONS
SUPERVISOR PELL: The first one I will have read to you by Council=
man Murdock. It ' s something he proposed to the Town Board two
years ago and I ' d like you to pay extra attention to the third
paragraph, I 'm proud of it . Go ahead, Larry .
COUNCILMAN MURDOCK.- "Dear Mr. Pell : The staff of the Blood
Program gratefully acknowledges the receipt ( for the second time)
of ,1000 large and small ,stamped., printed envelopes in mid-December,
1982. We thank the Southold 'Town Board for this recognition and
generous contribution. We appreciate the special .efforts of .your
member Mr. Lawrence Murdock in this matter. Our Blood Program is
the. most active and largest Community Program in 19 metropolitan
counties, having donated 5, 412 pints at 26 Bloodmobiles in 6, years .
Thank you for helping to make this program possible and outstanding.
Sincerely, Arlene Magaw, Program. Coordinator. " As an aside, I think
the Town of Southold is very fortunate in having a woman like Arlene
Magaw. I 've , been associated with this .program now since its inception
as a donor and I 've been watching Arlene.. She does a fantastic
amount of work keeping this program organized and going. There are
some hundred volunteers that she schedules to make phone calls ,
make appointments and this program is . really outstanding. I think
that 95% of it is due to the dedication of Arlene Magaw..
SUPERVISOR PELL: Thank you. We' re Number One of 19.
2. From H.2M in regard to the Scavenger Waste Plant we are
thinking of constructing in the Village of Greenport in conjunction
with them. I use the word thinking as the contract is not signed
and we are still looking into it . This is a Negative Declaration.
3. From the County Department of Emergency Preparedness in
reference to any emergency drills or acts of emergency out there
to make sure we notify them: If we have a drill they want to be
notified of the drill so they can be part of it .
4. Reference to insurance with the Department of Environmental
Conservation on opening of Laurel Lake. The Department owns a piece
of land up there, New York State does , and they anticipate opening it
up this spring. They want to use the Town land for a parking lot of
four or five cars. We have problems with the insurance but we are
going to work that out .
5. A complaint with Cablevision by a resident of Southold
Town (Dorothy W. Faucon) , and I 'm pleased to announce that on
January 12th the Town of Southold did send a proper complaint from
Town Attorney to Albany requesting them, the Commission, to hold a
hearing on the problems that we are having in Southold Town. The
other four east end towns have decid"ed just to do this last month .
We have been about a year getting these complaints in line, getting
this far along. . So we will be having a hearing on the various
complaints that we have and we have a thick file of complaints in
the last two or three years .
6 . . Letter from Mr . Joseph Ulrich of Ulrich Marine came in and
addressed the Board this afternoon about the dredging of Jockey
Creek and" raising the bridge up . We will go over in detail with
the Department of Public Works .
7. Letter from Wehran Energy Corporation giving us a contract
to review where they would go into the landfill and pump our methane
gas off and perhaps if there is enough there -the Town would receive
some royalty out of it . Something we' re reviewing. It ' s being done
in Smithtown and once they get it set up in Smithtown your Town Board
will go up and look at it being done in Smithtown before we sign the
—._ contract.
8. (a) , (b) , (c) . This has to do with the water problem up in
Captain Kidd Estates. Later on under resolutions we will deal with
it .
.9. From a. taxpayer in the Cleaves Point Association (H. . Stabile) ,
complaining about the increase in taxes , town, school , and county
taxes, all of them. For information sake, the Town went up approx-
imately--and I 'm picking on where I live in Greenport now,. .because
425 JANUARY 18 , 1983
I did a four. year survey on my own house, 'the. county, tax went up. -in,
Greenport where I live 60% in four years,. school district went up
50% in four years , and the town in the same four years went up 21,% .
I informed the gentleman of that an he said, well , . the town ' s not
too ;.gad compared to the rest of them.
10. From Ann Hurley, Receiver of Taxes in Huntington , suggest-
ing that she sit on the Tax Act Committee and that all ' towns have
a hearing and let the citizens see what it ' s all about.
11. About having a caution light back up on Route 48 in Peconic
Lane and. Mill Lane in Peconic , . where there used to be a caution
light . The residents up there; many of them would like to see that
light put back up.
12. Books we received from the County - Radiological Emergency
Response Plan, volumes I , II and II . During the .next few weeks .we
will try and review the conclusions of them, not read the entire
"gooks- unless we farm it out 'to one Councilman each . -
� 13. Local Law creating the Pine Barrens as a Watershed Preserve.
The Pine Barrens are not in Southold Township and - Mr. Wayne Prospect
of Huntington sent this out for our information.
IV. HEARINGS - There were no hearings scheduled .on this date.
V. RESOLUTIONS
1, Moved by Councilman Murphy, seconded by Councilman Townsend, it was
(a) RESOLVED that the Town Board of the Town of Southold hereby auth-
orizes the transfer of $7, 500. 00 from the General Fund Whole Town
.Contingent, Account into General Fund Whole Town 98030.4 Research (feasibis*ugly)
for the purpose of hiring an , engineering firm to prepare a Map ,
Plan and Report on the establishment of a Town Water District in
the area now served by the Captain Kidd Water Company .
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles ,. Supervisor Pell .
No: Justice Edwards .
This resolution was declared duly ADOPTED.
1. Moved by Councilman Nickles , seconded by Supervisor .Pell ,
(b) WHEREAS, the Town Board of the Town of Southold is ; consider:ing the
establishment of a Town Water District in the area now::_s'erved by
the Captain Kidd Water Company , Mattituck, New York, and
WHEREAS, the establishment of such a district must be based upon
a Map, Plan and Report , now, therefore, be it
RESOLVED that pursuant to the provisions of Article 12-A of the
Town Law, the sum of $7, 500. 00 be and the same hereby :is .appropriated
for pay the cost of preparing a general Map , Plan and Report for
providing the facilities, improvements or services in a'. proposed
To;vn Water District in the area now served -by the Captain Kidd Water
Company, and be it further
RESOLVED that this resolution is subject to a permissive referendum.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman. Nickles, Supervisor Pell . Noes: Justice
Edwards, Councilman Murdock.
This resolution was declared .duly ADOPTED.
2. Moved by Justice Edwards, seconded. by. Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
Susan Long her Step. 3 salary increase in the amount of $500.0.0,
effective February 1, 1983.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
3. Moved by Councilman Murphy , seconded by. Councilman Murdock,
WHEREAS , Enconsultants , Inc. on behalf of Frederick. Raymes applied
to the Southold Town Board for a permit under the provisions of
the Wetland Ordinance of the Town of Southold,. application dated
October 4, 1982, and
WHEREAS, said application was referred to the Southold Town Trustees
and the Southold Town Conservation Advisory Council for the findings
and recommendations, and
WHEREAS, a public hearing was held by the Town Board with respect to
said application on the 7th day of December, 1982, at which time all
interested persons were given an opportunity to be heard, now,
therefore, be it
RESOLVED that Enconsultants, Inc. on behalf of Fr.eder-ick Raymes be
T ' granted permission under the provisions of the Wetland Ordinance of
,
the Town of Southold to construct 90 ft . of timber bulkhead.;:::extend-.-
fro
4 , M ng m, corners.' of. adjacent existing bul-kh:eads t_o points 10 :ft from .
JANUARY 18 , 1983 426
mutual property line; 10 ft . returns to be built 'at this point ,
allowing a 24 ft . open area which would be sloped for use as a
launching ramp, PROVIDED no asphalt is used for the launching ramp;
to maintenance dredge an area 20 ft . by 70 ft . to 6 ft . below MLW
offshore of proposed bulkheads , and resultant spoil to be placed
upland. . Applicant has the option of repositioning the. existing
float lengthwise to the bulkhead, and adding a 3 ft . by 3 ft - plat-
form which will be cantilevered from the bulkhead down to a 22 ft .
by 12 ft . hinged ramp. SUBJECT to the condition that the applicant ,
if he is not the owner of the land involved, obtain the .consent or
permission of the owner of the land for the construction of the
facilities applied for. Location of property : on manmade Fordham
Canal , at right-of-way off Wiggins Lane, Greenport , New York. This,
permit shall expire on January 18 , 1983; there shall be two inspections
required; and the Town Clerk shall be notified when the .project is
completed
Vote of the Town Board: Ayes : Justice Edwards , Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
4. Moved by Councilman Murphy , seconded by Councilman Nickles , it was
RESOLVED that the Town Board of the -Town of Southold hereby goes
on record as supporting the concept of a Federal Bottle Bill , and
urges our representatives in the federal government to sponsor such
legislation.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Nickles , Supervisor Pell . Noes : Justice Edwards , Councilman
Townsend, Councilman Murdock. `
This resolution was declared LOST.
5. Moved by Councilman Murdock, seconded by 'Councilman Townsend, it was
RESOLVED that pursuant to Article 8 of the Environmental Conserva-
tion Law State Environmental Quality Review and 6NYCRR Part 617,
Section 617.10 and Chapter 44 of the Code of the Town of Southold,
notice is hereby given that the Southold Town Board, as lead agency _
for the action described below, has determined that the project ,
which is unlisted, will not have a significant effect on the
environment .
Description of Action: Application of Ken Hahn of Tidewater Dock
Building Co. on behalf of Boatmen ' s Harbor Marina for a Wetland
Permit to construct new bulkheading, and dredge in .front ,of the .
bulkhead, with spoil to be used to backfill behind the bulkhead,
at West Creek Avenue, off Cutchogue Harbor, Cutchogue, New York.
The project has been determined not to have a significant:
effect on the environment. for the following reasons :
An environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are likely to
occur should the project be ,implemented as planned. -
Because there has been no response in the allotted time from
the New York State Department of Environmental Conservation , it is
assumed that there is no objection nor comments by that agency .
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
6. Moved by Justice Edwards , seconded by Councilman Nickles, it was
RESOLVED that pursuant to Article 8 of the Environmental Conserva-
tion Law State Environmental Quality Review and 6NYCRR Part 617,
Section 617.10 and Chapter 44 of the Code of the Town of Southold,
notice is hereby given that the Southold Town Board, as lead agency
for the action described below, has determined that the project ,
which is unlisted, will not have a significant effect on the
environment .
Description of Action: Application of Robert. V. Rider , Jr. for a
Wetland Permit . Permission is requested. to dredge, construct a
catwalk and dock on property located off west branch of Corey
reek, west of Minnehaha Boulevard and south of Wigwam Way , Southold,
New York.
The project has been determined not to have a significant
effect on the environment for the following reasons :
An environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are likely to
occur should the project be implemented .as planned.
Because there has been no response' in the allotted time from
the New York State Department of Environmental Conservation, -it is
assumed that there is no objection nor comments by that agency.
-27 JANUAR'Y 18 1983
Vote of th'e •Town Board: Ayes : Justice Edwards, Councilman
Townsend, Councilman .Murphy , Councilman Murdock; Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
7. Moved by Councilman Nickles , seconded. by Justice Edwards, it was
RESOLVED that pursuant to Article 8 of the Environmental• Conserva-
tion Law State Environmental Quality Review and 6NYCRR Part 617,
Section 617. 10 and Chapter 44 of the Code of the Town of Southold,
notice is hereby given that the ' Southold Town Board, as lead agency
for the action described below, has determined that the project ,
which is unlisted, will, not have a significant effect on the
environment .
Description of Action: Application of Enconsultants , Inc. on
behalf of .Lawrence D. Byron , Jr . for a Wet:l"and•"Permit to :construct
a timber dock consisting of a fixed elevated catwalk, hinged ramp ,
and float secured by two piles at the east side of Harbor Lane, on
Eugene' s Creek, Cutchogue, New York:.
The project has been determined not to have a significant
effect on the environment for the following reasons :
An environmental assessment has been submitted whith indicated
that no significant adverse effect to the environment are likely to
occur should the project be implemented as planned.
Because there has been no response in the allotted time from
the New York State Department of Environmental Conservation, it is
assumed that there is no objection nor comments by that agency.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock , Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED. .
8. Moved by Councilman Townsend, seconded by Councilman -Murdock, it was
RESOLVED that pursuant to Article 8 of the Environmental Conserva-
tion Law State Environmental Quality Review and :6NYCRR Part 617, -
Section 617. 10 and Chapter 44 of the Code of the Town of Southold ,
notice is hereby given that the Southold Town, Board, as lead agency
for the action described below,. has determined: th,at the project ,
which is unlisted, will not have a significant. effect on te
environment . .
Description of Action: Application of Enconsultants,. Inc. on
behalf of Robert K. and Jean Fairlie for a Wetland Permit to
replace, within 18 inches , 80 linear feet of .existing deteriorating
timber bulkhead and backfill with 20 cubic yards of clean sand fill
to be trucked in from commercial upland source, at the' aouth side
of Wells Avenue , on Jockey Creek, Southold, New York.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell .
This resolution was declared duly ADOPTED.
9. Moved by Justice Edwards , seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold amend their
Resolution No. 10 adopted at a Regular Meeting held on November 9,
1982, by withdrawing the name of Francis J. Yakaboski for an
increase in per hour compensation as a Special Attorney for the
Town of Southold.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
10. Moved by Councilman Murdock, seconded by Councilman Nickles, .it was
RESOLVED that the Southold Town Board declare itself lead agency
in regard to the State Environmental Quality Review Act in the
matter of the application of Virginia G. Jones for a Wetland Permit
on certain property ,located on Budd' s Pond, at the end of Willow
Point Road, Southold, New York.
Vote of the Town Board: Ayes: Justice Edwards , -Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
11 . Moved by Councilman Townsend, seconded by . Justice Edwards , it was
RESOLVED that the Southold Town Board declare itself lead agency
in regard to the State Environmental Quality Review Act in the
matter of the application of Port of- Egypt Marine, Inc. for a
Wetland Permit on certain property located on- Budd' s Pond. at
JANUARY 18 , 1983 428
Main Road, Southold,--New' York.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
12 . Moved by Councilman Murphy , seconded by Councilman Nickles, it was
RESOLVED that the application of Geraldine Davis for renewal of a
single family house trailer permit for trailer located on the south
side of Sound Avenue, Mattituck, New York, be and hereby is granted
for six months.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resoluti.on,.,was .declared duly ADOPTED,
13. Moved by Councilman Murdock, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of th.e _Town of Southold hereby appoints
William P. Ruland a member of the Southold Town Conservation Advisory
Council , effective January 11, 1983 thorugh January 11 , 1985.
Vote of the Town Board: Ayes : Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell .
This resolution was declared duly ADOPTED .
-14. Moved by Councilman Townsend, seconded by Justice Edwards ,
WHEREAS , Nancy Carley , an attorney for over 30 years , who has
defended thousands of criminally accused, has been chosen by
the East End Women' s Network as its 1983 Woman of the Year, and
WHEREAS, Miss Carley, who was admitted to the bar in 1948 , has
distinguished herself in- the legal profession in the State of New
York as a defense attorney, appearing regularly in the Court of
Special Sessions. and the County and Supreme Courts in Queens , Kings,
Nassau, New York and the Bronx, and from 1967 to 1972 as a trial
counsel for the Legal Aid Society of Suffolk County in both the
County and Supreme Courts , and since 1972 as the attorney in charge
of the Five Eastern Town Justice Courts, now, .therefore, be it
RESOLVED that the Town Board of the Town of Southold, in recognition
of Miss Carley ' s outstanding accomplishments throughout her career,
wishes to extend congratulations and best wishes to Miss Carley for
the honor bestowed upon her; East ;End Women ' s. Network, Inc. ' s
"Woman of the 'Year for 1983" .
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman.
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: There' s a dinner being held to honor Miss Carley
on Wednesday, January 26th at 6 o ' clock at Brasby ' s Restaurant in
Aquebogue, donations are $12. 00 per if anybody wishes 'to attend.
!, will be there, my wife and I .
15. Moved by Councilman Townsend, seconded by Councilman Murdock,
WHEREAS , a proposed Local Law No. 1 - 1983 was introduced at a
meeting of this Board held on the 23rd day of November, 1982 , and
WHEREAS, a public hearing was held thereon by the Board on the
21st day of December, 1982, at which time all interested persons
were given an. opportunity to be heard thereon ,
NOW, THEREFORE, BE IT RESOLVED that Local Law No . 1 - 1983 be
enacted as follows:
LOCAL LAW NO. 1 - 1983
A Local Law to Establish a Landmark
Commission and to Prescribe Its Duties .
BE IT ENACTED by the Town Board of the Town of Southold' as follows:
The Code of the Town of Southold is hereby amended by aching thereto a new
Chapter to be Chapter 56 to read as follows:
Section 56-1. Short Title
This chapter shall be known and may be cited as the "Landmark
Preservation Law of Southold Town".
Section 56-2. Declaration of Purpose and Policy .
429 JANUARY 18, 1983
The Town Board finds there exists in the Town of Southold structures
and buildings of historic or architectural significance, antiquity;, uniqueness of .
exterior design or construction, which should be conserved, protected and preserved
to preserve the architectural character of Southold Town,, contribute to the aesthet.ie
value of the Town, and-promote the.general good, welfare, health and safety of the-
Town and its residents. Therefore, it is.the purpose and policy of this chapter to
establish a Landmark Preservation Commission and procedures which it can
follow to assist Southold Town owners of buildings and structures in order to con-
serve, protect and preserve such structures and buildings thereby preserving the
unique character of Southold Town which will substantially improve,property and
commercial values in the Town and make its hamlets even better places in which
to live.
Section 56-3. Definitions
As used in this Chapter, the following terms shall have the meanings
indicated:
COMMISSION - The Landmark Preservation Commission established
pursuant to this Chapter. '
EXTERIOR ARCHITECTURAL FEATURES - The architectural style,
design, .general arrangement and components of all of.the outer surfaces of any
building or structure.
HISTORICAL SIGNIFICANCE The quality of a buildng.or structure
based upon its identification with historic persons or events in the"T'own of Southold.
ARCHITECTURAL SIGNIFICANCE. Tquality of"a building or
structure based on its-date of erection, style acid sca:rrity`of.same, quality of
design, present condition and appearance or other characteristics that embody the
distinctive characteristics of a type, per.ied, or me.tljod of construction..
LANDMARK - Any structure or building which has�'his_:tor,Y:c:-al or
arch to ctura.l izgn fi%ail%C.
LANDMARK DESIGNATION - The designation of a`Landmark pursuant
to the provisions of this Chapter.
STRUCTURE -. Any assembly of materials, forming°a,::eonsfruetion
framed of component structural parts:for :occupancy or use, including.build.ngs..
Section 56-4. Landmark Preservation Commission
A. There is hereby created a Landmark Preservation Commission
which shall consist of five members to be appointed by the Town Board, to serve
without compensation.
B. The term of office of each member appointed to said Commission
shall be two (2) years, provided, however, that of those members first appointed,
three (3) shall, be appointed for one (1) year, and two (2) shall be appointed for
two (2) years. if a vacancy occurs other than by expiration of a term, it shall be
filled by the Town Board by appointment for the .unexpired term'.
C. Meetings of the Commission shall be open to the public. Meeting
of the Commission shall be held at such times'as the Commission may determine,
or at the call of the Chairman, or at the request of two members: Three members
of the Commission shall constitute a quorum for the transaction of business. The
Commission shall keep written minutes of its meetings, showing the vote of each
member upon all questions voted upon, and such minutes, together with all records
of the Commission shall be promptly filed with the Town Clerk.
D. The'Commission may. appoint"from its members, a Chairman,
and a secretary, each of whom shall serve for a term of one year, or until their
successors ,are appointed.
E. The Commission may incur such expenses in the perfromance
of its duties as may be authorized and appropriated by the Town Board.
Jf
JANUARY 18 1J.83 430
Section 56-5. , Duties of Commission
The Commission shall perform the following duties and functions:
A. Encourage the-preservation of Landmarks through educational
activities.
B. Recommend buildings and structures to the Town Board for
landmark designation in accordance with the provisions of Section 56-6,hereof.
C. Review, and where appropriate give advisory-recommendations
with respect to all applications for building permits involving alterations of the
.exterior of designated landm�rlcs in accordance .;•,�vith `the F oceciii.res :�'et. fc�i't!1 la
Section 56-7 hereof.
D. Cooperate with civic and professional organizations interested
in landmark preservation.
E. Offer advice and suggestions. to or at the request of owners or,
the Town Board to implement the purposes of this ^hapter,
F. Promote and encourage historic awareness and judicious concern
for. designated landmarks.
Section 56-6. Landmark Designation
A. 'Selection of buildings and structures for landmark designation
shall be determined on the basis of historical and/or architectural significance.
B. In considering buildings and structures for possible landmark
designation, the Commission shall comply with the following procedure, to wit:
L. Prior to recommending to the Town Board that a building
or structure be designated as a landmark, the Commission shall give written notice
to the owner of the property, as shown on the last completed town assessment roll,
that the Commission is considering recommending to the Town Board that the
building or structure be designated as a designated landmark. Such notice shall"be
sent by certified mail, return receipt requested. Such notice shall request that
the owner consent to such designation by signing and returning the form of consent
enclosed with the notice. Such notice shall also indicate that if the owner objects
to such designation, or desires further information, the owner may return the form
enclosed with the notice, which requests that the owner and/or representative seeks
a meeting with the Commission within thirty (30) days from the receipt of such
request by the Commissioner.
2. The Commission may not proceed to make its recommenda-
tion unless,one (1) of the following conditions are met, to wit:
(a) The owner consents in writing to such designation; or.
(b) The owner, within thirty (30) days from the receipt 'of
notice specified in Section 56-6, B-1, has failed to notify the Commission of his
objection to such designation, or failed to request a meeting with the Commissioner.;
or
(c) A member of the Commission has personally met with all
of the owners of the property being considered for designation, and has fully
explained all aspects of designation and the consequences that will result from quch
de signation.
3. When the Town Board receives a recommendation from the.
Commission that a building or structure be. designated as a landmark, the Town
Clerk.shall give written notice thereof to the owner of the property, stating the
time and place when the Town Board will meet to consider the question of the land-
mark designation of such building or structure. Such notice shall also state that
the owner shall be given an opportunity.to be heard at such meeting.
C. The designation of property as a designated landmark by the
Town Board, .;pursu:ant to the provisions. of this chapter, shall..not impose any obliga-
431 JANUARY 18 .1983_
tion or responsibility upon the owners thereof, nor. shall,-such designation in any:
manner restrict or limit the use, development, repair, maintenance, alteration or
modification of the property by the owners thereof.
D. The designation of property, as a designated landmark by the
Town Board, pursuant to the provisions of this chapter shall not become effective
until such property is entered in the Register of.Designated Landmarks and filed
with the Town Clerk.
Section 56-7. ReveicJ of Building Permit Aprl:cations
A. Every application for a building permit for the reconstruction or
alteration of or addition to a' designated landmark shall be referred b, t:;e Building
'inspector to tiie Commission for its comments and reco'Mmendations'. No buildi g
permit shall be issued until the Commission has filed its written comments. and
recommendations with the Building Inspect-or, _:arid mailed a copy, thereof to the'
applicant, or the passage of fourteen (14) days from the date of referral, whichever
shall first occur.
B. The application for a building permit shall not be deemed com-
plete'until the Commission has filed.its written comments and recommendations,
or the passage of fourteen (14).days' from the date of referral of the Buildb.-ig Permit
application to the Commission, whichever shall first occur.
C. In reviewing an application for a building permit-referred to it,
the Commission shall consider the,effect that the contemplated work,.Vi.11 have on
the exterior architectural features of the designated landmark-. If,the'-Commission
recommends modification in the contemplated work, in order to preserve the archi-
tectual features of the structure, it shall suggest such modifications as will min-
imize the costs, time and inconvenience to the owner:
D. In reviewing an application for a building-permit, the •Commis-
sion shall consider only the exterior architectural features of the building or
structure.
E. The comments and recommendations of the Conimis.sie; i with
respect to building permit applications referred to it pursuant to this-'se.ction, shall
be deemed advisory only. The owner's rejection of or 'refusal to comply -with such
comments and recommendations shall not delay or in any way impede.,the otherwise
favorable action on the issuance of a building permit.
F. Nothing. contained in this chapter shall be deemedAo prevent
the ordinary and necessary .maintenance. and repair of any exterior architectual
features of a designated landmark which does not involve a significant change in
design, material or outward appearance thereof.
Section 56-8. Termination of Landmark Designation
Whenever a designated landmark is destroyed or .its exterior is
altered to such an extent that it ceases to have architectural significance, .the
Town Board may, by resolution, direct that it be removed from the Register of
Designated Landmarks. Prior to taking such action, however, the owner shall be..
given written noticed such proposed action, and shall be given an opportunity to
appear before the Town Board and be heard thereon.
Section 56-9. Severability
Each of the foregoing provisions of this chapter has been adopted in
an endeavor to preserve and extend the public welfare by-preserving-the character-
istics of historic and/or architecturally significant structures or districts. In the
event that any portion of this chapter shall be determined invalid, such determin
ation shall not affect or result in the invalidity of any other provision contained in
this chapter.
Section,56-10. Effective Date
This Local Law shall take effect immediately. .
JANUARY 18 , 1983 432
Vote of the Town Board: Aves .,, .,;J.ust.ice- Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED_.
16. gloved by Justice Edwards , seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hire Ilene
Pfifferling, from the Suffolk County Civil Service List , as a
Clerk Typist for the Town Trustees and Grants Program, effective
February 1 , 1983, at a salary of $7 , 000. 00 per annum.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
,X7,. :.1-1oved by Councilman Murdock, seconded by. Councilman " Nickles , it was
(a) ,RESOLVED that the Town Board of the Town of Southold hereby rescinds
that part. of Resolution No. 12 adopted on October 19, 1982 , which
reads as follows : "RESOLVED that the Town Board of the Town of
Southold authorizes payment to Holzmacher, McLendon and Murrell ,
. . !::P.C.. $702. 05 ' for engineering services incurred for the Town Street
:. L:ighting Project.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
17.-`--Moved by Councilman Murdock, seconded by Justice Edwards , it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the payment of $702. 05 to Graybar Electric for
contractual obligations under the- Town Street Lighting Project .
Vote of the Town Board: Ayes : Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
18. . Moved by Councilman Murphy, seconded by Councilman Townsend, it was
RESOLVED that Supervisor William R. Pell , III be and he hereby is
authorized and directed to execute an agreement between the New
York State Office of Parks , Recreation , and Historic Preservation ,
Bureau of Marine & Recreational Vehicles , and the Town of Southold
for the loan, at no cost to the Town of Southold, of the following
navigation aids: 15 size #1 red channel spars , 15 size #1 black
channel spars , 6 size #2 red nun buoys , and 6 size #2 black can buoys.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell .
This resolution was declared duly ADOPTED.
19. Moved by Justice Edwards , seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold hire A. John
Gada, Jr. as a part-time Labor Supervisor for the Highway Depart-
ment on Fishers Island at $3, 000. 00 per annum, effective January
15, 1983.
Vote of the Town Board: Ayes : Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell ..
This resolution was declared duly ADOPTED .
20. Moved by Councilman Nickles , seconded by Councilman Murdock, it was
RESOLVED that Supervisor William R. Pell , III be and he hereby is
authorized and directed to enter into a Lease/Rental Agreement
between IBM and the Town of Southold, for the rental of an IBM
Series III Model 60 Copier/Duplicator to replace the IBM Series
III Model 10 Copier/Duplicator presently installed in the Southold
Town Hall , at a cost of $975. 00 per month, including maintenance.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
21. Moved by Councilman Nickles , seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby
releases passbooks totalling $77, 000. 00, in the ,name of Gloria
Hornwood, being held as a bond for roads and improvements in
the subdivision known as "Soundview Acres at Orient" , which has
been abandoned, and a Certificate of Abandonment ,duly .filed in
433 JANUARY 18 , 1983
the Office of the Suffolk County Clerk.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
22: Moved by Justice Edwards , seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hire the
following part-time Police Officers, effective immediately, at
a salary of '$5: 00 per "hour: Jon M. Andrade , ' Erick R. ' Heins ,
and Terrence P. Pace, "'and be , it further
RESOLVED that Jon M. Andrade, Erick R. Heins, and Terrence P.
Pace be and "hereby are authorized to attend Police Officer
Training School at the Suffolk County Police Academy,. Westhampton ,
New York, beginning January 18 , 1983 for a period, of, 285 hour:';
the Town to provide transportation only..
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman liurphy,- Councilman Murdock, Councilman
Nickles, Supervisor Pell .This resolution was declared ,duly ADOPTED.
SUPERVISOR PELL: Those are the people -we use in the summertime as
seasonal police for the summer months when we have the tourist influx
here. They have to go to school and pass the school . They go at,
their own expense. The Town does provide transportation for them
back and forth to Westhampton. ' They have to attend 285 hours to
be certified as a seasonal police officer before ,they can go to work
for the Town. So that ' s what we' re doing, we' re sending these people
now to be in line for the summertime.
23. 14oved -_by Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to advertise for bids for supplying the Town . of Southold-
with five (5) new 1983 Special Police Type four door sedans , with a
trade-in allowance for five. ( 5) vehicles presently owned by the
Town of Southold. Bid opening: February 24, 1983 .
Vote of the Town Board: Ayes : Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared 'duly ADOPTED .
r
SUPERVISOR PELL: Number 24 & 25 are on hold. We are not -ready to
act upon them yet . (No. 24 - Resolution authorizing- execution of
engineering services agreement with Holzmacher, McLendon & Murrell ;
P.C. , for design of Scavenger . Waste Treatment Facility 'and other
services. No . 25 - Resolution authorizing execution of engineering
. services agreement with Holzmacher, McLendon & Murrell ,. P.C. for
construction services for the Scavenger Waste Treatment Facility. )
26. Moved by Councilman Murdock, seconded by Councilman Nickles, it was
RESOLVED that the application of John C. Tuthill for renewal of a
single family house trailer permit for a- trailer located at east
side of Elijah' s Lane, Matti,tuck, New York, be and hereby is
granted for six months .
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles , Supervisor Pell .
This resolution was declared duly ADOPTED.
27. Moved by Councilman Townsend, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of - the Town of Southold hereby
releases Certificate of Deposit in the amount of $25 , 000. 00
submitted by Peter Blank, Jr. as a bond for roads and improvements
in the subdivision known as "Bayview Farms" at Orient , New York,
as recommended by the Southold Town Planning Board, Superintendent
of Highways Dean , and Southold Town Board Highway Committee.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles, Supervisor Pell . ti
This resolution was declared duly ADOPTED.
28. Moved by Councilman Nickles, seconded by Justice Edwards, it was -
RESOLVED that the Southold Town Board declare itself lead agency
in regard to the State Environmental Quality Review Act in the
matter of the application of Constantine P. Georgiopoulos., by
Abigail A. Wickham, Attorney-,. for a Wetland Permit on certain
property located on Great Pond' at 180 Lake Court ; Southold, .
JANUARY 18 , 1983 434
New York.
Vote of the Town Board: Ayes : Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell .
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Number 29 must be done by a Local Law. The
Town Board did discuss it today. We asked the Town Attorney to
draft ' a Local Law with guidelines in it , present it to the Town
Board for review and discussion on their February 1st meeting.
There' s no action today on this as the Town Attorney will take
a few days to draft a Local Law to give to the Board to review.
it for consideration on their February 1st meeting.--(Six month
moratorium on new subdivision applications. ) Councilman -Townsend
6,me'"up with some guidelines . Joe, do you avant to go into. it a
little bit?
COUNCILMAN TOWNSEND: Basically. I fd6l . that on the basis of several
water studies , and in particular the ERM water study , it appears we
have a real crisis in water in certain areas in Orient and East
Marion. It would seem that we could be negatively impacted in
several areas. Those people that live out there presently and =
those people that would chose to live out there in the future if
the areas overdevelop. I ' ve been working with the County Health
Department , the County Planning Department or Commission , Henry
Raynor and the State Attorney to come. up with guidelines for a
fail-safe system with which we can protect the water supplies out
there. Involved in that would be a moratorium of approximately
three months while the County and the Town work out what might be
called a water allocation component for that area. The fear is
that if we allow development to go on there as it presently is
zoned, we may run into a problem before too long where no future
properties would be able to be developed and those people that own
land that have not developed it would lose their right to develop
it simply because we' ve run out of water or run out of potable
water and I think this measure is called for at this time. I 'm
not in favor of .a Town-wide ban on subdivisions only because it
takes in such a vast area. We would undoubtedly be presented
with a large number of suits that I think we ' d have a very difficult
time defending. I know there is a point of view on either side of
that issue, however, I thin]: it ' s.,-our job to - define those areas
. that are immediately in peril- and to try to respond to that. peril .
So this week I 'm going to work on putting that into a form of a
Local Law.
SUPERVISOR PELL: Then after this is presented by to the Town Board
on February 1st , and if the Town Board adopts if--I use the word "if
because it must be adopted by this Town Board, then a local hearing
will be set--a date for a local hearing to be set. to have it discussed.
There will be a hearing before it is adopted. The Town Board reviews
it first and then they will set a hearing date to hold a hearing. -
There are three or four more items on the agenda which you do not
have, we will explain them as we go along.
30. Moved by Councilman Nickles, seconded by_ . Justice Edwards, it was
RESOLVED that the application of Oscar Goldin for renewal of a
single family house trailer permit for trailer located at Lot #69,
Greenport Driving Park, south side of Linnet Street , Greenport , New
York, be and hereby is granted for six months.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles , Supervisor Pell .
This resolution was declared duly ADOPTED.
31. Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold accepts, with
regret , the resignation of Antoinette Berkoski , Clerk-Typist at the
Southold Town Police Headquarters , effective January 28, 1983.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman, Murphy , Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
32. Moved by Councilman Murphy , seconded by Justice Edwards, it was
RESOLVED that pursuant to Article IX of the Constitution of the
State of New- York, the Town Board of the Town of Southold requests
the enactment of Senate bill No. 638, entitled, "AN ACT to allow
Persons in public employment on August sixteenth, ninetten hundred
435 JANUARY 18, 1983
seventy-three or their executor , administrator or personal rep-
resentative who did not file a membership application with the
New `fork state employees ' retirement system to- file a request
for retroactive membership with the .state comptroller. " It is
hereby declared that a necessity exists for the enactment of such
legislation , and that the facts establishing such necessityare
as follows: The Town of Southold does not have the power to enact
such legislation by local law.
Vote of the Town Board: Aves: Justice Edwards , Councilman
Townsend, Councilman 11urphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell .
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: One thing I forgot to announce before - there
will be a vacancy on the Board of Housing Review. If anybody
wishe to submit their name foxy it cah do so':: Veith the"'Tbud Clerk:
The. term of Kenneth Tabor expired January 9th, 1983. Resumes
to the Town Clerk by January, 27th_ so we can appoint on ,February 1st-.
That ends the prepared agenda -we . have'-'for today. - Does any Council-
man wish to bring anything..,else' up? (No response. ) Anybody wish
to address the Board?
MR. STEWART HARVEY: Do you_.mind explaining No. 32?
SUPERVISOR PELL: ' Mr. Melville Kelsey was employed in the Town
I think the years might be wrong .- in 1973 - he did not vet put
into the retirement system through error somewhere along the line -
until 1978. He passed away-while in office. His widow is not
entitled to death benefits fo,r -those five years he was employed
by the Town. We are trying:.to get them to open it up and put him
back in so his widow will receive more benefits. This is the
second or third year we have--..requested this . ,
COUNCILMAN MURPHY: The State . Senate and the Assembly have. to do it .
COUNCILMAN MURDOCK: I think it has to be two years in a rc---7 that
they have to pass it .
SUPERVISOR PELL: Anybody else wish to address the Board?. '. ._,Jls .
Ruth Oliva.
MRS . RUTH OLIVA, President , North Fork Environmental Council: I
would like to thank Councilman Townsend for his research into the
where-fors and why-fors of a moratorium. The only think that we
would disagree with him about is the need for a moratorium in
water sensitive areas just for East Marion and Orient . I believe
that we can show- Councilman Townsend and the rest of the Board
that there are other developments proposed for some of the
different creeks in Southold Town that will be equally important.
as far as water quantity, because as Councilman Townsend said
previously , that you are really borrowing from Peter to pay Paul
and in the long run Paul isn 't going to have any , and that we are
going to face also in some of these other areas . Thank you anyway_
for your consideration.
SUPERVISOR PELL: Anybody else wish to address the Board?
MR. HARVEY: There is something on cable television here that 'I
think might interest you.: (Newspaper clipping from Newsday ,
entitled, "Cablevision Funds Boston Construction"-"Cablevision
Systems Development. Co. said it has raised $114 million to finance
construction of, its Boston cable franchise. "
SUPERVISOR PELL: Thank you. The Town Clerk will copy it and pass
it to the Board. Anybody else wish to address the Town Board?
(No response. )
Moved by Councilman Nickles , seconded by Justice Edwards , it was
RESOLVED that this Town Board meeting-be adjourned at 4 :OO ' P.M.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy, .Councilman Murdock, Councilman.
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Judith T. . Terry
Southold `Town Clerk
JANUARY 18, 1983 436
WORK SESSION
4: 05 P.M. - The Board discussed a location for the office of
the Town Trustees and Community Development Director , whereas
a clerk for those departments will begin work February 1st .
Supervisor Pell renewed his suggestion relative to relocating
the bookkeeping department in the basement cafeteria area and
putting the Trustees and Community Development office where
the bookkeeping department is presently located, and relocating
the cafeteria in the basement of the east wing. While the re-
location is being accomplished, a space will be established in
the Assessor' s office for the Trustees and Community Development
clerk.---The Board concurred with Supervisor Pell ' s suggestion_
and directed him to begin this relocatiori 'as ' soon -as possible,
with the hopes of having it completed over the month of February .
4: 10 P.M. - Discussed the following Off-Agenda items : Millstone 1
nuclear power plant in Waterford which does not meet the federal
government ' s proposed more stringent safety goals that assesses
the risk of a core meltdown; option for purchase of blood pressure
machine, which will be included in the 1984 budget; request of the
North Fork Community Theatre for status of Community Development
Fund grant for construction at the theatre; request from the
Southold P.T.A. for participants at the "Friendly Feud" to be
held at the school on March 5th; resolution by Legislator Ferdinand
J. Giese requesting that Suffolk County be included in the Rent
Stabilization procedure by amending the Emergency Tenant Protection
Act of 1974 to include Suffolk County.
4: 30 P.M. - Planning Board Chairman Henry E. Raynor , Jr. met with
the Board to bring them up to date on the progress of updating the
Master Plan, and the appointment of an advisory committee. Mr.
Raynor was advised that only the Town Board can appoint an advisory
committee, and suggested that if the Planning Board is merely seeking
input from various organizations throughout the Town , that it not be
a formal committee, and possibly be called a workshop for input .
f
Mr. Raynor agreed that a formal Town Board committee was not his
intent..
EXECUTIVE SESSION
4: 50 P.M. - The Board discussed negotiations with the Village of
Greenport for the purchase of land for the scavenger waste plant .
J
Work Session adjourned at 5: 15 P.M.
Judith T. Terry
Southold Town C1 rk