HomeMy WebLinkAboutTB-02/01/1983 437
SOUTHOLD TOWN BOARD
FEBRUARY 1, 1983
WORK SESSION
8: 30 A.M. - The Board audited the outstanding vouchers.
9: 00 A.M. - Air. Donald Deerkoski, North Fork Bank & Trust Co. ,
met with the Board to review his feasibility study of the
computerization of Town of Southold facilities. His analysis
of the functions of all departments indicates that the Tax
Receiver, Assessors , Building Department , Board of Appeals ,
and Planning Board should be computerized first , to tie all
of those departments together that deal with real property ,-
and since they involve the most people who would use the
computers. Within the feasibility study, Mr. Deerkoski presented
a cost for the sofware, hardware, maintenance, etc . The Board
was unable to determine what a complete package would cost for
the entire town, department by department , and asked Mr. Deerkoski
to work this up and present an actual to the Board within the
next two weeks.
10: 10 A.M. - The Board began reviewing the agenda, and Town Board
Committee reports, which will be reiterated at the regular meeting.
Justice Edwards: Bowling alley on Fishers Island--would like Town
to donate funds toward same. Will ask Grantsman Jim McMahon to look
into possible grant funds available. Councilman Townsend : Police
Committee report; work on proposed Local Law for a moratorium in
East Marion/Orient with Town Attorney Tasker and Aldo Andrioli of
the Suffolk County Department of Health. Councilman Murphy : Seed
Clam Program for 1983 as presented by Paul :Flagg, and revision of .
same to try and come within the budget allowance; meeting with
Dr. Nayler relative to DEC requirement for capping the landfill .
Councilman Murdock: Kwianis has taken an active interest in Youth
Projections and would like to start information meetings on the
cost of constructing an indoor swimming pool ; meetings of the
Disposal Area Committee, as well as meetings with firm updating
the Master Plan; Code Enforcement Committee relative to the
final recommendations on the Local Law to amend the Zoning
Ordinance. Councilman Nickles: Meeting of the Parks & Beaches
with Raymond, Parish, Pine and Weiner relative to updating the
Master Plan with relation to covered swimming pool and ice skating
rink. The same Committee discussed the condition of Kenny ' s Beach
which has deteriorated again, perhaps an emergency DEC permit will
be necessary for beach nourishment; meeting of Code Enforcement
Committee to discuss proposed Local Law to amend the Zoning Ordin-
ance and determined that items 11 , 16 , 18 should be deleted, and
to adopt the amendment relative to wineries , but amend it in the
near future.--With respect to Kenny ' s Beach, Highway Superintendent
Dean recommended the purchase of a 24-25 yard trailer for hauling
sand, which would save the Town considerable money; he will look
into such a purchase. Waterways- Committee: Councilman Nickles
stated he thought the priority list would come before the Town
Board before going to Suffolk County Department of Public Works .
In the future he would like it to go to the Town Board so they
would all have input . Further, improper notice was given for the
Waterway ' s meeting which made it impossible for him to attend.
Supervisor Pell : report on meeting with NYS-DOT relative to funding
for improvement of Aldrich Lane and Depot Lane , should have an answer
within 90 days; submitted to the Board a proposed Code amendment for
Game Centers and Game Rooms .
11 : 15 A .M. - Chief Winters met with the Board to discuss the need
for additional police officers , He presented a statistical sheet
giving the number of hours necessary to staff one basic one man
sector on one shift for one year.
FEBRUARY 1, 1983 438.
11 : 30 A.M. - Community Development Director James McMahon met with
the Board to bring them up to cute on Community Develor.-7f-
Accounts for Years 7, 8 , and 9.
12 : 30 P.M. - Recess for lunch.
1 : 50 P.M. - Work Session reconvened, resumed reviewing agenda.
2: 00 P.M. - Further discussion on a proposed moratorium on develop-
ment . Councilman Townsend will submit what material he has to
Town Attorney Tasker so a proposed law can be drafted and the Board
will meet at 10: 00 A.M. , Friday, February 11th in a work session to
discuss the moratorium issue.
2: 30 P.M. - The Board continued reviewing agenda and off agenda
items: additional official newspapers; letter from District Attorney
Patrick Henry relative to court reporters in Southold Town Justice
Court; engineering services for the Scavenger Waste Plant , stabiliza-
tion of Cedar Beach; letter from Sterling Environmental Committee
questioning what the Town Board perceives the water problem to be
in Southold Town .
3: 47 P.M. - Work Session adjourned.
REGULAR MEETING
7: 30 P .M.
A Regular Meeting of the Southold Town Board was held at
7: 30 P.M. , Tuesday, February 1 , 1983 at the Southold Town Hall ,
Main Road, Southold,. New York. Supervisor Pell opened the meeting
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.
Judith T. Terry , Town Clerk
Robert W. Tasker, Town Attorney
Moved by Councilman Nickles , seconded by Justice Edwards , it was
RESOLVED that the following audited bills be and hereby are approved
for payment : General Fund Whole Town bills in the amount of $17 ,500.64;
General Fund Part Town bills in the amount of $8 ,528. 05; Highway Depart-
ment bills in the amount of $22 , 882. 75 ; Highway CHIPS bills in the
amount of $300. 00; Fishers Island Ferry District bills in the amount
of $24 ,210. 20; Fishers Island Ferry District Capital Project bills in
the amount of $658. 00; Federal Revenue Sharing bills in the amount of
$8,100. 00.
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 Nickles, it was
RESOLVED that the minutes of the January 18 , 1983 meeting of the
Southold Town Board are hereby approved.
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 Justice Edwards , it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 3 : 00 P.M. , February 15 , 1983 at the Southold Town
Hall , 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. -
.439 FEBRUARY 1, 1983
I . REPORTS
SUPERVISOR PELL: These reports are placed on file in the Town
Clerk' s Office. If anybody wishes to read them can do so at the
Town Clerk' s Office.
1. Justice Edwards ' monthly report (December 1982) .
2. Feasibility Study of the computerization of Town of
Southold Facilities - Donald Deerkoski , North Fork Bank & Trust Co .
3. Southold Town Juvenile Aid Bureau Annual Report for 1982 .
4. Supervisor ' s Annual report for 1982.
5. Supervisors monthly report (January 1983) .
6. & 7. Fishers Island Ferry District ' s monthly report and
Highway Department ' s monthly report were .not received, due to the
fact it is so early in the month and they were not prepared. They
will be on the agenda on the .15th. .
8. Councilmen ' s reports. , Councilman Townsend, anything to
report?
COUNCILMAN TOWNSEND : As you know, Bill , it ' s been a very busy
week. We've had various meetings with the Landfill Committee and
Police Committee and Code Committee , but I ' ll let the various heads
of those committees report on those. One of the things that I 've
been working on has been the issue of the moratorium in Orient .
It ' s a little more complicated than we ekpressed--than I thought it
Would be, but I think that by the time you call this special meeting
on the filth I ' ll hiave it in. resolution form. . That ' s all I have, Bill .
SUPERVISOR PELL: thank you. The meeting on February .11th is going
to be a special Work Session meeting of the. Southold Town Board to
discuss the proposed moratorium in East Marion/Orient--Local Law.
COUNCILMAN TOWNSEND: Basically it looks- as though it ' s- going to
affect the Orient Fire District . 'There are several things that
sort of isolates that area--there are several . factors that isolate
that area apart from the rest of the community, including -.develop-
mental pressures and delineation of water as--or 'so the-. latest
studies by the county.
SUPERVISOR PELL: That ' s February llth at 10: 00 A.M. in the morning.
It will be done in this room here. Councilman Murdock---
COUNCILMAN MURDOCK: The Disposal Area -Committee has been meeting
with an engineering firm last week. Also we met with the engineering
firm who is doing the Master Plan update. We are also going to have
a special Work Session type meeting on Tuesday , the 1st of March for
the purpose of the� entir.e Town Board of sitting down. At this point
we feel we have enp ugh recommenations to go before the Town Board
and try and set goals and a sense of direction in the landfill for
the next five to ten years and at that meeting--Work Session type
meeting on the 1st of March hopefully we will be able to establish
those goals and put forth to the public.. where we' re going and how
we intend to go. Last night we had a Code Committee meeting. The
Code Committee, or Code Enforcement Committee put forth to the Town-
Board today the final recommendations on a public hearing that we
had on 28 code changes , -of which we decided to delete three and
tonight we will adopt the balance of those Local. Law changes. The
Southold Town Youth Projection, we've had-=during our last two meet-
ings we've been contacted by people about two areas , one where they
would like to see some form .of ice skating rink provided within the
Township. We discussed that for a short time today. It will be
looked into much deeper in the future and . during the last two
meetings members of the Kiawanis Club of the North Fork asked my
opinion about a swimming pool as a recreation and therapeutic aid
to the people of the Town of Southold. I happen to believe very
strongly in the value of swimming. pools. One of the communities
I lived in prior to moving to ,the East End did have an indoor pool
and I have learned first hand of th& effectiveness in family
activity , as well as physical activities , and I- really believe
they are of great value to the Town if they can be accomplished
and this morning the Town Board did. direct our grantsmanship man
to investigate the possibility of funding both on the. county or
the state level , that might be used towards that end. Those, are
about the levels of my activities so far this month ,- Bill .
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SUPERVISOR PELL: Councilman Nickles.
FEBRUARY 1, 1983i 440
COUNCILMAN -NICKLES : 'The Parks"and `Beach Committee last week met
with our consultants hired to update the Master Plan and the purpose
of the meeting was to discuss the future of parks and beaches and
general recreation areas or activites within the Town in the future
and the two items you heard Mr. Murdock mention were brought to the
attention of the planner from Raymond, Parish , Pine and Weiner , Company ,
which is the swimming pool and covered ice skating rink. It ' s a long
involved discussion that Frank Murphy and Ray Dean , who are also on
the committee with me, had with lady from the consulting firm, which
I think is too lengthy to go into , but this is what they ' re doing in
this phase of the update of the Master Plan , which is meeting with
different departments within the Town and different committee-heads
on the Town Board and, of course , various groups that are working
with the Town Planning Board. Also , we discussed this morning
relative to parks and beaches , is the problem at Kenny ' s Beach , which
is , of course , after these winter storms , reduced to nothing and we
do have a recommendation that was given to us by a consultant last
fall and the Superintendent of Highways or Commissioner of Public
Works , I should say, Mr. Dean , is going to report back to the Town
Board with his estimate of what it would cost to resolve the matter
there , which basically would be a continuation of the beach nourishment
program. That ' s it , Bill .
SUPERVISOR PELL: Thank you. Councilman Murphy .
COUNCILMAN MURPHY: Yes , Bill , the Seed Clam Program. We hope to
meet with representatives of D.E .C. and the Town Attorney to work
out a possible better funding program so that we can enlarge the
program. We would like to go up in the neighborhood of between
150, 000 and 250, 000 clams for next year. Hopefully by the end of
this week or early next week we could have it worked out . Also
I ' d like to report that-Monday I 'went up to Cornell and spoke to
Dr. Nayler about eliminate the requirement the D.E.C. has for
capping the landfill and by making our own top soil . They liked
the idea very much. They like the challange. They ' re going to
assign a graduate student to a program to make a model of the
different-'-types of soil ;that ve can 'use down , in 'the landfill to
hold the maximum amount of water and then also to move it horizon-
tally. So it seems like a very good progam, it ' s one that should
save ' the Town quite a bit of money and also help solve the real
serious problem we -have in the landfill . 'Thank you.
SUPERVISOR PELL: Judge Edwards?,
JUSTICE EDWARDS: Number one , the bowling alley project on Fishers
Island as you might have read in the paper ,- the bowling alley was
closed down in the late 60' s over there and they 've got some very
heavy contributions -to put the alleys back in operation and we
expect the first ball to be thrown down sometime the end of this
month , and it will certainly be nice not only to have the recreation
facilities , but also someplace on the Island where in the afternoon
you can stop in and get a coffee or a Coke. There ' s no snack bars
on the Island so this is another thing that people are looking forward
to ,' plus 'the leagues in the evening.- 'Secondly , a week ago I had
the opportunity to go up to the Blount Shipyard in Rhode Island and
we've submitted our tentative sketches of our new ferry boat for the
Island for the Fishers Island Ferry District . There have been no
facts or figures come forth yet , but Blount Shipyard is working on
them, sort of a set of specs and a recommendation for our new boat ,
which we hope to get into operation , according to the shipyard , before
the end of this year. Thank you, Bill .
SUPERVISOR PELL: Thank you. Three things I ' d like to report on .
Number one was a meeting that was held with the DOT, Department of
State Transportation and the County of Suffolk to rebuild Aldrich.
Lane up there. The Town , about a year ago , put in a request to have
Depot Lane and Aldrich Lane , in that order, rebuilt . They reviewed
the plans and they came to change our priorities around and said
Aldrich Lane should be rebuilt first to make it a main truck by-pass
route, below the bridge. We had nine accidents there in the last:.,
two or three years , and the State feels that that road should be
priority #1. The Town will have to put up six percent of the cost .
The State and the Federal government will put up the balance. At
that meeting we asked them to reconsider repot Lane as we feel this
is a priority and should be resurfaced at a cost of approximately--
we said two years ago when we had a, report filled out--of $100,000.00.
They told us to resubmit the application and they will reconsider it .
441 FEBRUARY .1, 1983,
su eve migtit end up with both roads. It looks 95 sure we will get
Aldrich Lane rebuilt in probably 1984. We should know within 90
days .if the State is going to approve it . The Town ' s share will be
six percent of whatever the whole cost is . --I gave the Board today
a Code amendment that I would like to have them consider. It ' s
copied somewhat after Riverhead=-on video games throughout the
Town , as an accessory use. The Town Board will consider it and
perhaps be on the agenda in the near future.
II . PUBLIC NOTICES
COUNCILMAN .MURDOCK: These notices are on file with the Town Clerk
and on the Town Clerk' s Bulletin Board.
1,. Public Notice on- hearings on the proposed changes in the
Suffolk County Tax Act. This is a notice that the Supervisor of
the Town of Southold put forth, the last paragraph of which says ,
"Towards this end the Town of Southold is scheduling a Public Hear-
in� on Tuesday, March-:1 ,. 1983 at 7: 30 P.M. at-- the Southold Town
Hall , to discuss the proposed changes to the Suffolk County -Tax
Aot" . That meeting will be held here. Certainly everybody ' s input
i,s desired and any organizations or any people you know, advise them
of the date and have them come down and talk to us .
- 2. Notice of Complete Application to the New York. State
Department of Environmental Conservation on behalf of David Saland
by Enconsultants. .to construct- a one. family dwelling 11 feet from
tidal wetland boundary. The project is located at the intersection
of Hiawatha ' s Path and Nokomis Road on Corey Creek, Southold. The
comments from the public must be turned in to Stony Brook by February
11 , 1983.
3. Notice of Complete Application to the New York State
Department of Environmental Conservation by P-aul J . Heffernan '
who wants to build an in-ground swimming pool approximately 37 feet
from a tidal wetland area.' Location is on the south side of Water-
view Lane on Conklins Point Creek. Reply date is February 18 , 1983 .
4. Notice from the Suffolk County Department of Public `Yorks ,
A. Barton Cass , Commissioner , notifying the Town that "Pursuant to
Article 9, Section 231 , Paragraph 3 of the Highway Law of '.tine State
of New York the load limit on Jockey Creek Bridge on ,Qaklawn Avenue ,
hamlet of Southold, Town of Southold, �will be limited. to fifteen (15;
tons total weight to be effective February 9, 1983. " For those that
don' t know, the County has adjudged that the Jockey Creek .Bridge is
in a state of disrepair and they 're setting the weight limit now and
that limit will be in effect until such time as they start to rebuild
the bridge, probably during 1984.
SUPERVISOR PELL: Fall of 1984, the last part .
III . COMMUNICATIONS
SUPERVISOR PELL: These communications are filed in the Town Clerk' s
Office for anyone who wishes to review them.
1. From our County Legislator Gregory J. Blass saying where
the Town thinks Vector Control should come in and work this year,
give him a list and he will put us 'on the list .
2. From Mrs . Mary McGuire telling us her thoughts on the
evacuation plan for LILCO, for the nuclear plant in Shoreham.
3. From Lyle Meredith who has been very helpful to the Town
with regard to the Senior Citizen/Youth building on Peconic Lane.
The Town has asked him to review some recommendations for the
building and he has replied. We will go over it with him in detail .
4. Letter from Commissioner of Parks , Recreation and Conservati
John D. Chester congratulating Frank Bear on his election as Chairman
of the Board of Trustees for the Department of Parks , Recreation and
Conservation. Frank Bear is to be congratulated. He' s sitting in
.. __ the second row here. Frank, congratulations.
5. Report from the Island People' s Project , Fishers Island
about the bowling alleyswhich Judge Edwards referred to.
6. Letter from Twin Forks Fire Extinguisher Company , Inc.
telling the Town Board to move along- in making a parking lot in
Mattituck. - We are moving on .that ,one. We have to do an environ-
mental impact statement and we are working on that one.
7. Letter from the State of Connecticut , Office of Civil
Preoaredness telling us of a delay in a drill that ' s going to
be held on Fishers Island in case of a Millstone disaster over
there and we have to evacuate ithe Island. The drill has been
. postponed from the scheduled date and will be- rescheduled.
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FEBRUARY 1 , 1983 442
8. Letter from David Harrls-, M.D. , Commissioner of the
Suffolk County Department `of=_,Health:.°"Services , advising the Board
of the lead solder in the plumbing joints and giving us his thoughts
on it.
9. Letter from County Executive Peter Cohalan saying that we
have available a Veterans Service Agency counselor that will spend
one day a month in Southold Town Hall to help with any questions
any of our residents might have. This will be advertised when we
get the date set . We have to give him permission to come here and
use our hall , which will be done.
10. From the Cutchogue-New Suffolk Chamber of Commerce in
opposition to any moratorium on development in Southold Town.
11 . From the Long Island Area Development Agency, Inc. asking
us if we have any projects in Southold Town that we would like them
to consider for joint funding.
12. From Fleet ' s Neck Property Owners Association , Inc. request-
ing no-parking signs at dead-end streets and one-side parking on
traffic regulations that will be reviewed by the Police Department
and then reported back to the Board.
13. Letter from Roger Meeker, Chief Engineer of the Suffolk
County Department of Public Works say that at this time they feel
they could take Jockey Creek Bridge and raise it 1 . 33 feet . At
the meeting we had here they said they could raise it 1 . 8, but in
a letter, after review, they said it would be 1 . 33. Frank Murphy
met with them last week and Frank, what was the outcome of that
meeting you had?
COUNCILMAN MURPHY: Bart Cass assured the Town that Roger Meeker,
who wrote the letter, their Chief Engineer , that he is redesigning
the bridge and try to go into a different design on the bridge to
get more clearance and before he does anything, before they' do
anything as a permanent plan , he will , com& to the Town , meet with
the residents of Jockey Creek and meet with the Town Board and show
us what he has and we can discuss any further possibilities of going
up even higher. It ' s also been requested at that time when the bridge
is out , when they ' re replacing it , to dredge that inlet . So we are
working on this and quite a few people are involved in it and the
people who are concerned about it will be notified and if you would
like to be notified and care about it , at the time when Roger Meeker
comes with his amended set of plans we' ll be happy to notify you.
SUPERVISOR PELL: 14. Letter from the Southold-Peconic Civic
Association , Inc. with recommendations and one of them is a very
important one, to take Akerly Pond and Bayview intersection up
here, while the bridge is out and all the traffic going to Oaklawn
will be coming down in that intersection And ' it ' s 'a- bad intersection
to start with the way it is and they say we had better do something
about and I figure it is a very worthwhile recommendation and again
the Town Board will pursue the County and State' to do something there.
15. Happy report from ,the New York State Commission on Cable
Television. A year or a year and a half ago we started a battle
with New York State Commission on Cable Television on the service
that they give the residents of Southold Town , the prices we have
to pay, the residents pay . They're finally going to have a hearing
held in Albany . In August of 1982 Albany sent their field engineers
down to make a study of Southold Town and basically one paragraph
says, "The Commission' s inspection of the Long Island Cablevision
Corp. system in August of 1982 indicated numerous and serious
technical violations" . They give a two page report . Something
will be done. It took us well over a year to prepare the case
for them. Now the shoe is on their foot . They have 20 days to
come to the Town and try to work some of these things out . Twenty
days as of January 28th the- letter was written. So we are -progressing
with. Long Island Cablevision.
16. Letter from the Town of Southold Blood Program inviting.
the Town Board to go up to Grumman ' s Aerospace Corporation and have
a tour of their Calverton facilities.
IV. HEARINGS
SUPERVISOR PELL: It is now 8: 00 o ' clock. We will recess the Town
Board meeting for the length of time it takes to conduct the hearing
scheduled on the petition of Richard J. Cron for a- change. of -zone
in Cutchogue from "A" Residential and Agricultural District to "M"
Light Multiple Residence District .
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443
FEBRUARY 1, 1983
Moved by Councilman Murdock , se�.onded by Supervisor Pell , it was
RESOLVED that this Regular Meeting, of the Southold Town Board be
recessed for the time it takes to conduct a public hearing.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly :ADOPTED.
Meeting reconvened at 9: 35 P.M.
V. RESOLUTIONS
1. Moved ley Councilman Murphy , seconded by Justice Edwards , it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Betty Wells a member of the Southold Town Conservation Advisory
Council , effective February 6 , 1983 '-through February 6 , 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.
2. Moved by .Justice Edwards , . seconded by Councilman Nickles , it was
RESOLVED that the Town Board of ' the Town of Southold hereby, grants
James Hubbard his Step 2 salary increase in the. amount of $500. 00
effective February 16 , 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 Justice Edwards, seconded by Councilman Nickles,
WHEREAS , a petition was received from Lawrence Bruno requesting
a change of zone on certain property near Greenport., in the Town
of Southold, New York, said petition for a change of zone from
"A" Residential and Agricultural District to "M-11?. General Multiple
Residence District , now, therefore, be it
RESOLVED that the Town Clerk of the Town of Southold be and she
hereby is directed to transmit this application to th'e,,Pla:nning
Board in accordance. with. Artic:le XV, Section 100-150(b) o.f the
Code of 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.
4. Moved by Councilman Murdock, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold declare
itself lead agency in regard to the State Environmental Quality
Review Act in the matter of the application of Lawrence Bruno
for a change of zone from "A" Residential and Agricultural District
to "11;-1" General Multiple Residence District on certain property
located on the north side of Route 48 (Middle Road) , near Greenport ,
in the Town of 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.
5. Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that Supervisor William R. Pell , III be and he hereby
is authorized and directed to enter into an agreement between
the Town of Southold and Compu-Pressure of New York, Inc. for
the lease of one Vita-Stat Automatic Blood-Pressure Computer for
the term of one 'year from the 1st day of February , 1983 through
the 31st day of January, 1984 , at the sum of $250. 00 per month.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
COUNCILMAN NICKLES: I ' d just like to add one comment to that
past resolution. That machine was installed, I believe, in
February 1980 and we've done over 21 ,000 blood pressure screens
for people of the Town free of charge.
�FEBRUARY 1, 1983 444
6. Moved by Councilman Murphy, seconded by Justice Edwards , it was
RESOLVED that Supervisor William R. Pell , III be and he hereby
is authorized and directed to execute a Cooperative Agreement
between the New York State Department of Environmental Conservation
and the Town of Southold, providing a Fishing Access from town and
state lands to Laurel Lake , Laurel , New York, for the period of
five years from this date, with renewal options.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy , Councilman. Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED .
7. Moved by Justice Edwards , seconded by Councilman Murdock, it was
RESOLVED that Supervisor William R. Pell , III be and he hereby
is authorized and directed to enter into an agreement between
the Town of Southold and Savin Corporation for the lease of one
Savin 840 copier machine for the Accounting Department at a cost
of $89. 00 per month for an all inclusive lease which includes
maintenance.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman 1,1urphy , Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
8. Moved by Councilman Townsend, seconded by Justice Edwards ,
WHEREAS, the Town of Southold has heretofore filed an Application
with the Comptroller of the State of Nev York for permission to
create the Southold Wastewater Disposal District in the Town of
Southold, pursuant to the provisions of Article 12-A of the Town
Law, and
WHEREAS , the State Comptroller has requested -that the Town Board
adopt a resolution whereby . it agrees that no construction indebt-
edness will be incurred until the town has received written commit-
ments from the appropriate State and Federal agencies for State and
Federal aid ,
NOW, THEREFORE , BE IT RESOLVED that the Town Board of the Town of
Southold hereby agrees , in relation to the aforesaid application
and matter, that no indebtedness will be contracted for the improve-
ments proposed for such Wastewater Disposal District , except for
the preparation of surveys , preliminary plans and detailed plans ,
specifications and estimates , unless and until the town shall have
received a written commitment from the appropriate federal and state
agencies for not less than the amount of federal and state aid for
such improvements as stated in such application.
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 Councilman Murdock, seconded by Councilman Nickles, it was
RESOLVED that the application of Frank J. McBride for renewal of a
single family house trailer permit for trailer located on the north
side of Oregon Road, Cutchogue, 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.
10. Moved by Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hire Sheila
Klos , effective immediately , as a Traffic Warden at a salary of
$4. 25, per hour , and a Relief School Crossing Guard at a salary of
pay per station.
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 Murphy , 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 Fritz C. Kohn for a Wetland Permit
on certain property located on canal to Schoolhouse Creek, off
Old Harbor Road, New Suffolk, New York.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
%445.. FEBRUARY 1, 1983
_art, .
Townsend, Councilman Murphy ; Councilman Murdock, Councilman
Nickles , Supervisor Pell .
This resolution was declared duly ADOPTED.
12. Moved by Councilman Nickles, seconded by Supervisor Pell ,
WHEREAS ,' the Southold Town. Planning Board and Suffolk County
Department of Planning have prepared official reports and
recommendations on the application of Jem Realty Co. for a
change of zone from "A" Residential and Agricultural District
to ?fM" Light Multiple Residence District and "B" Light Business
District , on certain property situated at Greenport , Town of
Southold, New York, and more particularly bounded and described
as follows:
PARCEL I - "A" Residential and . Agricultural District to "M" Light
Multiple Residence District : . BEGINNING at a point on the easterly
line of the land now or formerly of Gus Schad, which point is the
following courses and distances along the land now or formerly of
Gus Schad from the northerly line of North Road (N.Y.S. ) Route 25:
(1) North 30 degrees 16 minutes 30 seconds West , 1, 086. feet ; (2)
North 76 degrees 30 minutes 30 seconds East , 376 feet ; (3) North
21 degrees 05 minutes 30 seconds West , 691 . 94 feet , and running
thence from said point of beginning South 62 degrees 26 minutes 40
seconds West through the land of the party of the first part 1 , 360. 29
feet to the land now or .formerly of James Gannon; thence North 27
degrees 33 minutes 20 seconds West along the land now or formerly
of James Gannon and of others 577. 55 feet ; thence through the land
of the party of the first part and being along the "bluff line" the
following courses and distances: (1) North 76 degrees 41 minutes
20 seconds East , 104 . 06 -feet ; (;2) North 61 degrees 40 minutes 40
seconds -East , 207.18 feet ; (3) North 56 degrees 58 minutes 20 seconds
East ,. 85. 83 feet; (4) North 64 degrees _24 minutes 30 seconds East ,
201. 05 feet; (5) North 46 degrees 05 minutes 30 seconds East , 141 . 80
feet; (6) North 56 degrees 50 minutes 00 seconds East , 153. 88 feet ;
(7) North 48 degrees 32 minutes 40 seconds East , 90. 45 feet ; (8)
North 68 degrees 32 minutes 55 seconds East , 133 .38 feet; (9) North
77 degrees 57 minutes 00 seconds East , 209.67 feet; (10) "North 74
degrees 32 minutes 05 seconds East , 114.79 feet to the ..land .now or
formerly of Gus Schad; thence southerly along the land now o-r for,merl
of Gus Schad, the following courses and distances : (1),.Sout.h 21
degrees 34 minutes 40 seconds East , 190. 93 feet ; (2) South 21 degrees
05 minutes 30 seconds East, 350. 62.:. feet to the point or. place of
beginning.
PARCEL II - "A" Residential and Agricultural District to "B" Light .
Business District : BEGINNING at a point on the. westerly line of the
land now or formerly of Gus. Schad, and the northerly line of the
North Road (N.Y.S. ) Route 25; running from said point of beginning
North 30 degrees 16 minutes 30 seconds West along the .land now or
formerly of Gus Schad 570. 75 feet ; thence South 75 degrees 15 minutes
00 seconds West through the land of the party of the first part 969. 2
feet to the land now or formerly of. G. Egish;. thence South 27 degrees
33 feet 20 seconds East 195. 1 feet ; thence North 66 .degrees 00 minutes
33 seconds East 389 feet; thence South 30 degrees 15 minutes 00 seconds
East 439 feet ; thence North 75 degrees 15 minutes 00 seconds East
575. 00 feet to the point or place .of beginning.
NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by
the Town Board of the Town of Southold at 8 :OO P.M. ; Tuesday , March 8 ,
1983 at the Southold Town Hall. , Main Road, . Southold , New York, on the
aforementioned petition , at which time any person desiring to be heard
on the above proposed petition should appear at the time and place
above so specified, and be it further
RESOLVED that the Town Clerk be and .she . hereby is authorized and
directed to cause notice of said hearing to be published .in the
official newspaper pursuant to the requirements of law.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy ; Councilman Murdock, Councilman
Nickles , Supervisor Pell .
This resolution was declared .duly ADOPTED.
13. Moved by Councilman Townsend, seconded by Councilman Murdock, it was
RESOLVED that the Town Board o'f' the Town of Southold set Tuesday ,
February 15 , 1983, Southold Town Hall , Main Road, Southold, New
York as date and place for hearings upon the following Wetland
Applications:
3: 30 P.M. , upon the application of Phil Marco for permission
to construct a dock, ramp and float at his property located on the
south side of Indian Neck Lane, on ,Little Creek., Peconic, New York.
FEBRUARY 1, 1983` 446
3: 35 P.M. , upon- appl.i,cation:.of. Boatmen ' s Harbor Marina for
permission to construct new, 17ulklI'da:cr ng, dredge in front of the
bulkhead, with spoil to be used to. backfill behind the bulkhead,
at West Creek Avenue, off Cutchogue Harbor , in Boatmen ' s Harbor ,
Cutchogue, New York.
3: 40 P.M. , upon application of Enconsultants , Inc. on behalf
of Lawrence D. Byron., Jr . for permission 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.
3.45 P.M. , upon application of Enconsultants , Inc. on behalf
of Robert K. and .Jean Fairlie for permission 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 south 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.
14. Moved by ' Councilman Nickles , seconded by Councilman Murphy,- it was
RESOLVED .that pursuant to Article 8 of the Environmental Conservation
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 Phil Marco for a wetland permit .
Permission is requested to construct a dock 150 ft . in length by- -
6 ft . in width on his property located at south side of Indian Neck
Lane, on Little Creek, Peconic, New York. '-'
The project has been dete,_rmined 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.
15. Moved by Justice Edwards , seconded by Councilman Nickles, it was
RESOLVED that -the Town Board of the Town of Southold hereby
authorizes the loan of $3, 200. 00 from the General Fund Whole
Town Account to the Southold Town Nutrition Program, to enable
the Nutrition Program . to make payment on its December 1982
-accounts payable. Reimbursement of the loan will be made within
three 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.
16. Moved by Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Building Inspector Curtis W. Horton to attend the
Eighth Annual Building Officials School at Rochester , New York,
on April 25, 26 ; 27 , 1983, and the actual expenses for food, ,
travel and lodging shall be a legal charge against the Town of
Southold in an amount not to exceed $250. 00.
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 Nickles , seconded by Supervisor Pell , it was
RESOLVED that Supervisor William R. Pell , III be and he hereby
is authorized and directed to execute PNRS Letter of Intent for
A-95 Review for a Step 2 allowance for the design of a scavenger
waste pretreatment plant .
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy , Councilman Nickles, Supervisor
Pell. No : Councilman Murdock.
This resolution was declared duly ADOPTED.
44.7 FEBRUARY 1, 198n
18. Moved by Councilman Townsend, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold allocate
$3 , 000. 00 from A6410. 4 - Publicity , for printing and advertising
costs incurred by the Southold Town Promotion Committee during
their 1983 tourism campaign .
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 Townsend,
WHEREAS , the Town of Southold has requested the County of Suffolk
to dredge a navigation channel in Richmond Creek, Town of Southold,
WHEREAS, the County of Suffolk proposes to do said dredging of
Richmond Creek, in the Town of Southold, at a nominal cost to the
Town of Southold, and
WHEREAS, in order to accomplish- said dredging, plans , specifications ,
agreements and other documents must be executed on behalf of the
Town of Southold, and
WHEREAS , this approval shall remain in effect for the period of the
required permits (Expiration date: March 1992) , now, therefore, be it
RESOLVED that Supervisor William' R. Pell , III be and he hereby is
authorized to execute , on behalf of the Town of Southold, all necessary
plans and specifications , spoil area agreements , assurances to the
County of Suffolk, license and/or dredging permit applications to
Federal and State agencies and all other documents that may be
required to accomplish said dredging work.
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 Murdock, seconded by Councilman Nickles,
WHEREAS , there is $30, 000. 00 :remaining in the Year VII 'Community
Development Block Grant Program, and
WHEREAS, the Town Board wishes to expend those funds at the Senior/
Youth Center, now, therefore , be it
RESOLVED that the Town Board of the Town of Southold .h:ereby
designates $30, 000. 00 in Year VII Community Development Bloc;
Grant funds for expanding the, parking facilities and pro.v�iding
recreational area at the Senior/Youth Center, Peconic,, 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.
21. Moved by Councilman Murphy , secojded by Justice Edwards-, it was
RESOLVED that the Town Board of the Town of Southold hereby
'authorizes the following transfers within the Highway Item II ,
Bridges Fund - 1983 budget :
, . From: . DB5120. 2• Construction---------------------$1 , 500. 00
Into: DB5120.1 Personal Services----------------$ 250.00
DB5120. 4 Contractual Expenses-------------$1 ,200. 00
DB9030. 8 Social Security------------------$ 50. 00
$1,500. 00 ,
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 Councilman Murdock, seconded by Councilman Townsend,
WHEREAS, a proposed Local Law No. 2 - 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 . 2 - 1983 be enacted as follows:
LOCAL LAW NO. 2 - 1983
A Local Lary to 'Amend the Zoning
Code of the Town of Southold.
Be it enacted by the Town Board of the Town of Southold as
follows:
Chapter 100 of the Code of the Town of Southold is hereby amended as follows:,
(additions are indicated by underline, deletions by [.brackets])
FEBRUARY 1 1983 448
I. Article I is amended by additing thereto a new section, to be Section 100-9 to
_gad as follows:
''action 100-9. Title
This chapter shall be known and may becited as the "Southold Tov-n Loring Code".
II. Section 100-10 of Article I is amended by adding thereto a new subdivision to-be
subdivision J to read as follows:
J. To make provision for, so far as conditions may permit, the ccommoda"tior
of solar enemy systems and eouipment and access to sunlialit necessary
'therefor.
III, Article I. Section 100-13, Subdivision B (Definitions) is amended h.y amc:r:din7 the
following terms to read as follows:
BASE1. NT - A story [in') of a building f, the structural ceiling; Ic--1 of vrhich is
four (4) feet or more] partly below the finished grade level which, has t-.ore- than
one-half (1/2) of its height, measured from floor to ceilin_g, above tlic average
[level of] established curb level or [the] finished grade [where such-grade abuts
that exterior wall of such building which fronts on any street, and the floor level
of which is below finished grade at any point on. the periphery] of tjp� land
immediately adjacent to the building.
CELLAR - Any space in a building [, the structural ceiling level of %vhicti is less
than four (4) feet above the average finished grade where such grade abuts that
exterior wall of such building which fronts on ar'y street. A "cellar" stall not be
considered in determining the permissible number of..:itor•ics) Lartiv h;-tlo:v 1.he
finished grade level, which has more than one-half (1/2) of its h�ieht, measured
from floor to ceiling, below the average established curb level or finished Grade
of the land immediately adjacent to the building
y FLOOR AREA - The sum of the gross horizontal areas of [the several] all floors
of the building or buildings on a lot, having a clear height of not less than six (61)
feet, measured from the exterior faces of exterior walls or from the center line
of party walls separating two (2) .buildings, [excluding) including cellar and base-
ment areas. [used only for storage or for the operation and maintenance of the
building. ]
FLOOR AREA, LIVABLE = All spaces within the exterior walls of a dwelling unit,.
exclusive of garages, breezeways, unheated porches, cellars, heater rooms and
ao roved basements having a window area of less than ten percent (101;v) of the
square foot area of the room. Usable floor area shall, include all spaces not
otherwise excluded_above, such •as: principal rooms, utility roorns,, t;athroonr.�,
all closets and hallways opening directly into any rooms within the. dwelling unit "
and all attic space having a- clear height of six (6). feet from finished floor level
to pitch of roof rafter with a clear height of seven..(7) feet six (6) inches from
finished floor level to ceiling' level over fifty percent (50o) of th,3 area of such
attic space.
HEIGHT - The vertical distance measured from the average elt: ation of the
finished grade [at the front"] of "the land immediately adiacent to the building to the
highest point of the roof for flat and mansard roofs, and to the mean height between.
eave and ridge for other types of roofs'.
HOA1E OCCUPATION - This shall be understood to include the professional office
or studio of a doctor, dentist, teacher, artist, architect, e'nvrineer, musician,
lawyer, magistrate or practioners of a similar character, or rooms used for
"home. occupations" including home baking, millinery or similar handicrafts,
provided that the office, studio or occupational rooms are located in a divell.ing
in which the practitioner resides, [or in a building accessory thereto] and pro-
vided, further, that no goods are publicly displayed on the premises and no sictri
or advertisement is shown other than a sign not larger than two (2) square feet
in total area, bearing only the name and occupation (words only) of the practitioner
STORY, HALF - Any space with a minimum clear height of five ( ') feet partially
within the roof framing urhere the clear height of "not more than L t.. percent (50' 0
of such space between the top of the floor beams and the .structural eeilincr. 1 :'el
is seven (7) feet six (6) inches or more.
�s-a:-ua ...:lJ':i.N,:..�'*. '. ',.. n ?_... :•;y:.. ..,.:":.'_... .. .r;- .. .. .... ....._ .._.. L...G o-.....`:� ._1., ti ..... Stan j.x... .., . ,...._t-�^ .ror..... - i
49 FEBRUARY 1', 198
STRUCTURAL ALTERATION - Any change in th:: supportinti rs u a
buil,_iing, such as beams, columns [or] , girders �. ]. , fculi.n.t , fr,l!ndaticns r
bearing* walls.
IV. Article I, Section 100-12, subdivision B, (Definitions) is amc.nd�:.i ' adding
thereto the following new terms:
ALTERATION - As applied to a building or structure, means « ci_t.: t-e or i-varr: _
went in the structural parts or in the exit -facilities, or an eni�rru_r.zer.t, :'hcther
extending on a side or by increasinv in heiL:-ht, cr the movie- lrG_ -I .;rle 1 ;ca.ion
or position to another.
BUILDING AREA - The aaareaate of the. maximum horizor,tul c_•:*,.'=
buildin.,-,,s on'a lot, measured between the exterior fsces of ,,lalls.—
The term "Ruildinu Area" shall include the: followirur :
(1) Balconies.
(2) Terraces, patios, decks and other sfcllcture.s ":lhoW. thr-
(3) S'xilnming pools, tennis courts and ether sirnilur :;trt,r.r,; ,:.
The term "Building Ares" shall' exclude the ic,i],,,. irw:
`har E:Ven!"-el�`Ilt ':�Cr'es :r!'•.ra _^ rlor :Falls.
(2) Steps and open porches projectin? not ?norC 01£111 five (J') _(:(-t frnl;n
exterior walls and having an area of not more than thirtv (30) sallull -
feet.
(3) First story bay windows projecting not mnre than the ::Y .{3'i .i:-et from
exterior walls, and exterior cellar doors projecting nog, r o,re than six
(61) feet from exterior walls.
CC-ND011VIINIUAN-1 'A building or buildln[�s the d,vellin- units of % hictl are inch:'idu-a-
ow ed, each owner receivin!-z a deed enablin.- hiln to sell, mor ti:avge or exchan:7e
his dwelling unit independent of the owners of the other d:velli.n�-,, units in the
buildin- or buildin-as.
LOT COVERAGE - That percentage of the lot area covered by tkle buildincr ar(-a.
YARD - An open space, other than a court, on the same lct „'ith a huildinR, which
is, exclusive of trees, shrubs, and'Ilatur 1. rock. formations, unoccupied and
unobstructed from the ground upward.
V. Section 100-30 A(2)(b) is amended to read as follows:
(b) The keeping, breediiig [and] , raisin? [of fowl, except ducks; and large
domestic animals] and training of horses, domestic anirnals ��nd fr,,vl
(except ducks) on lots of ten (10) acre or more.
VI. Section 100-30 A(2)(c) is hereby repealed and Section .100-3.0 =1(2.)(d) is relette
100-30 A(2)(c), and amended to read as follows:
(c) Barns, storage buildings,_ greenhouses (includinz_T plastic coverec.l), and
other related structures, provided that such buildings shall conform to
the yard requirements for principal buildings.
VII. Section 100-30 B is hereby amended by adding a new subsection, to bti: SUUSCction
14, to read as follows:
14. Wineries for the production and retail sale of wine r)rnd;.,r: ei frorn rFLDCS
Vn oIl the vinevard on which, such, y nor'; ''is 1c;� ted
pl'lrriarllY �1'O',
VIII. Section 100-30 C(2) is amended to read as folloW§:
FEBRUARY 1, 1983 450
(2) Garden house; tool oiise' smraaz hiiildin:�, playhousc, •;:«dim pool
swimming pool incidental to the residential use of the premises ar:d not .
operated for gain, subject to the following r•equiremen. s:
LL, Section 100-30 C(2)(a) is amended to read as follows:.
(a) any swimling pool shall be completely enclo::ud v.iLh a p,: rniant:i,t
link (or similar type) fence of not more than two-inch r.-, sa, not less
than four (4) feet in height, erected, maintained and pro-vid(. d a
self-closing, (self-locking] self-latchin;r fate to per :r:nt .r:z::tttlt��rrr.t ci
of the pool and to prevent accidents. l(c,wever, if
more than four (:) feet above the ground, then a lence is not requlrua,
provided that all points of access to said pool are adequately protecteci
by-a self-closing, [self-locking] self-latchin�� gate. any swimming pool
in existence at the effective date of the provisions of this subsection shall,
within one (1) year from such date, comply with all of the provisions hereo-
X. Section 100-30 C(4) is amended to read as follows:
(4) The storage of either a boat or travel trailer owned and used by the owner
or occupant of the pr(:mises on v,-hich such-bout or tray:>1 trailer is stoned,
for his personal use, subiect to the following requirements:
XI. Section 100-34 is renumbered 100-119A and Section 100-35 is renuml,ered
100-119B and-the reference therein to Section 10'0-34 is chanced to 100-11:)a;
and Section 100-36 is renumbered to 100-34.
XIL Section 100-34 (as renumbered from 1.00-36) is hereby amended to read as follows:
In the A District, in Ihe. case of a lot held Li single and separate oumership [on the
effective date of this chapter] prior to November 23, 1971 and thereafter, witli an
area of not less than twelve-thousand five hundred (12, 500) square feet and [/or] a .
width of not less than. [the requiremelits of This chapter] one hundred (1001) feet,
a single family dwelling may be constructed thereon with rear and side yards reduc
by twenty-five (25%) percent [provided that all other yard requirements are com-
plied with. ] , with a front ;yard set back of thirty-five (351) feet, or the averac e
setback of the existing dwellings within three hundred (3001) feet tlhe•refrora on the
same side of the street within the same block, -whichever is greater.
XIII. Subdivision C of Section 100-50 is amended by adding a new subsection (3), to read
as follows:
(3) Signs as set forth in Section 100-40C(3) nf this chanter.
XIV. Subdivision A of Section 100-60 is hereb}•amended to read as follow_z:
A. Permitted uses [. ], subject to site clan approval b,,; the 1'IL- nn:_! Ekia"d in
accordance with Article XIII hereof:
XV. Subdivision A of Section 100-70 is hereby amended o read as rouows: - ---
A. Permitted uses[. ], subject to site plan approval by the Planning Board
in accordance Nvith Article `,2I1 hereof:
XX/I. Subdivision C of Section 100-70 is .amended 1)-- adding a t.e:c ('?) to read
as follows:
(2) Signs as set forth in Section 100-60 C(2) of this Charitc r.
NYE Subdivision C of Section 100-80 is amended hy,adding a- (2), to read
as follows:
(2) Si;,ti:, as set forth in Section 100-60 C(_?) t,f this lt: t,_ r•,
XVIII. Section 110-112 is corrected to read Section 1OU-.1121.
�. Section 100-121 is hereby amended by adding a .:mow .subdi:•iSion, to be subdivisiori
D, to read as follows:
451 FEBRUARY 1,` 1083
D. Interpretations. On appeal froln an orOor, dt:cision or di_tt;rminarion of
an a'dminlstrati e Officer, or on reQuesr oI any t0%."n Cilicer, board or
agency to decide any of the following:
(1) Determine the meaning of anv PrOVision in this c'iapter, or of
any condition or requirement so,!cified or made under the pro-
visions of this 'chapter.
(2) Determine the exact location of arry district houndary sho%vn on
the Building Lone lisp..
XX. Section 100-124 is hereby amended to read as follows:
Section 100-124 Fees
All applications to the Board of Appeals for any relief provided for herein
shall be accompanied by a fee of [fifteen dollars (S15)] tic-enty-five dollars
(S25. 00).
XXI. The first sentence of the .first unnumbered paragraph of Section 100-136 (Cluster
Development) is amended to read as follows:
The Planning Board may [approve], in the. exercise of its discretion, require
cluster developments for one family dwellings in an A Residential and
Agricultural District according to the procedure and requirem-ruts [sp;;cified
below. ] hereinafter set forth, ,with"out the requirement that the uc;•tier make
written apylication for the use of such procedure.
XXII. Section 100-136, Subdivision A. Subsection' (2) iz� hereby a.rnun i�_d to read as
follows:
(2) In a cluster development, lot area [, J shr,ll not h(- I r;:; r +i ;, . tUrr than
fifty (W'()) percent, and lot width, depth, front yard, .tc: yar-d and sir
yards shall not be reduced by more than ['Fifty per.ceiIL 0
percent of the minimurn recuirements set forth in t iE ��E i,i:k and i w
Schedule".
XXIIL" .Section 100-141, Subdivision a. is, hereby amended by addin_- a ,nc:v: senr.t:.ncr;
thereto to read as follows:
If the Building Inspector deems it .necessary that plans and s. . i'Fica"bons be
examined to ascertain if the proposed building comply -,A-i:h applicable
building construction, 'housint7'and fire codes, hi rr_av recuir% tilat and
specifications be filed with the building' permit application.
XXIV. Section 100-141 J(1), (2), (3), (4) and (5).are hereby repealed and the followin(;
provisions are added in place thereof:
(1) Single family dwellings.
(a) New Dwelling and additions and alteratik)n ; to cr�:istinL d..r•llin;*s -
Twentv-five ( 2,5. 00) dollars, plus five. (U. 05) cents for each
square foot of floor area in excess of eight hundred fifty (850)
square feet.
(b) Accessory buildings and additions and altcratio,::5 to t::cistiri
accessor,,t buildings - Ten ($10. 00) dollar:, nlu5 fi,.,_ (S0. 05)
cents for each square foot of floor area in excess of five hundr'!d
(500) square feet.
fifteen (°^15. 00) dollars for each building.
(3) hotels, motels, multiple dwellings, hini i.:t:ss, industrial and all uth -r
buildings.
FEBRUARY' 1 >. ig83 452
(a) tz�c buildings and aclaitlo i5 and alterations to e�:isting l�uildin�s -
Fift:,, (550. 00) dollars, plus five (`0. 05) cents for each square
foot of floor area in excess of one thousand (1, 000) scuare feet.
(b) Accessory buildini.s and acidition5 Ziid z�lte i ations to ex[i .tinL-
accessory buildings - Fifteen ($15. 00) dollars, plus five 05)
cents for each scuare foot_ of floor area in excess of five hundred
(500) scuare feet.
(4) Foundations constructed under existin_g buildir.e�s - Thirty ( 30. 00) dollars.
1 (5) All other structures (i. e. fences, pools, etc. ) and additions and
alterations to such structures = Fifteen (`l5. 00) dollars.
(6) For thL: purposes of this subdivision J, cellars, decks, attached
�!araze s and any habitable area shall be included in the c-' lculatior, of
floor area.
XXV. Section 100-14 'G is hereby amended to read as f6llows:
G. Upon written request and upon pa,,.-rnun, of a fee of [ fi,,-t. dollars
( 5, )] fifteen ( 15. 00), dollars, the I1uildinL* frlSIkCLUr shall, after
inspection, issue a certificate of uccul:ancv for ari-' 5uilding or use
thereof or of land existing at the time: of the. aduhtion of ibis chapter,
certifving such, use and %%,hether or not the sarne and Lhe huilding
conform to the provisions of this cha Lu r.
=VI. This Local Law shall take effect immediatel,,%
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell .
i This resolution was declared duly ADOPTED.
SUPERVISOR PELL: That ends the prepared agenda for tonight . Does
any Councilman have anything I omitted or they wish to bring up at
this time? Joe? (No, I don' t . ). Larry? ( I don' t think so , thank
you. ) John? (Not at this time. ) Frank? (No , sir . ) Judge?.
(Nothing. ) Anybody wish to address the Town Board? Mr. Bill Smith.
AIR. WILLIAM SMITH, Southold: I 'm one of the members of the Sterling
Environmental Committee that you .received a .letter this morning that
was not signed by any individuals . Is it out of order if I present
you with signed copies right now?
SUPERVISOR PELL: Not at all , the Town Clerk will. receive them.
MR. SMITH: I would like to give you the reason for that . IVe had
very little time since your January meeting to meet and talk and
consider what was being proposed by .Mr. . Townsend and we finally had
a meeting last Friday with people with knowledge of' water . We had
Jim Monsell, Bob Lauriquet of Kreiger.- : About ten of us met and we
came up with some notes here and a letter, which is just more of
a questionnaire to you people.. The reason it was not signed, the
letter was only finished being typed this morning and we didn ' t
feel it was right to put the names down of the people that were on
this meeting and in this committee before they read the letter, so
that ' s why it was not signed, and we did this later today, that ' s
why .you have it now. One little thing that came out in the meeting,
that I think you should think about and Mr. Lauriquet of Mattituck,
Kreiger Well Drilling last year drilled .a well for Peter Blank in
the development on Orchard Street and we hear all these stories
about how short the water is here and how short it is there and
the salt water intrusion He dug this well , it ' s a matter of
record, it ' s a subdivision , he hit water at 14 feet. and he went
down to 90 feet and hit clay or hardpan , .and beautiful .water 76
feet deep . I-' d like you to think that over. .Thank you.
SUPERVISOR PELL: Thank you, Mr. Smith. Anybody else wish to address
the Board? Mr. Frank Bear.
MR. FRANK BEAR, Southold: I have a statement-here I ' d like to
read to you gentlemen. Last June 22nd, seven months and eight
453 FEBRUARY 1, 1983'
days ago , the Southold Moratorium Committee submitted to this
Town Board the signatures of 3242 of your constituents "requesting
a moratorium on all major subdivisions until the Town Master Plan
is updated. " The committee ' s statement pointed to an alarming
acceleration of requests for major subdivision development--620
acres in six months--as evidence that a moratorium was imperative.
An editorial in the Suffolk Times on June 24th asked the question :
"What happens next? " First , there was a hue and cry that , "You
can ' t do it ; it ' s illegal . " But a Legal Memorandum from the New
York Department of State documented the fact that moratoriums have
been upheld in the courts . On July 20th ,the Moratorium. Committee
wrote you a letter citing reasons for a moratorium and supporting
its legality . The committee requested an opportunity to discuss }
the issue with the Town Board. On July 30th , the Moratorium
Committee tried again. A letter to the Town Board not only cited
reasons for a pause in development , stressing our water problem,
but it quoted directly from the Department of State ' s Moratorium
Memorandum to document the fact that there are legal ways to
establish a moratorium. We pleaded: "Please , gentlemen , pause
now! " On August 24th ,the Town Board met with us. We discussed
the economics of development , costs for services , higher taxes ,
effects on farming , fishing and tourism, and water and waste
problems . On September 14th, at the urging of the Mortatorum
Committee , which also helped with the arrangements, the Town
Board met with A. Kenneth Crawford, senior attorney with the New
York Department of State. He informed the Board that three of four
of the department ' s attorneys (with him the minority) believed a .
moratorium could be legal in the Town of Southold. It was stressed
that a moratorum of some length could be sustained providing there
, was ongoing activity toward the updating of the Town Master Plan .
' In a letter to Supervisor Pell dated October 15 , 1982 , Mr. Crawford
set forth what the department ' s attorneys "feel is an appropriate
local law to legally institute a moratorium. " He enclosed "an
Informal Opinion of the Attorney General which discusses the
supercession of zoning provisions in the Town Law by a local govern-
ment such as the Town of Southold. " He also offered to review
any proposed local law drafted by the Town Attorney. 'On .:December
21st , Supervisor Pell distributed copies of ' a draft resolution ,
suggested by him, to members of the Town Board for their review ,
and comments. He proposed a "six month moratorium on new sub-
division applications and that said be renewable if the Master
Plan is not completed or accepted by the Southold Town Board in
said period of time . " On January 18 , Councilman Townsend suggested
a 90-day moratorium for Orient and East Marion only. He based his
preference for this limited area on a statement in the.'draft report
of ERM-Northeast , which. is nearing completion - of the North Fork
Water Supply Study. It said: ". . critical water supply conditions
exist in Zone 5 (Orient ) where projected requirements are approx-
imately equal to available supply. " At today ' s Town Board work
session, the moratorium question was discussed again when the
Board came to item 10 under communications: a letter from the
Cutchogue-New Suffolk Chamber of Commerce in "opposition to any
moratorium on development . " Councilman Townsend stated that he
had had conversations with several people in reference to his
proposal. It is gratifying that he is to meet with Town Attorney
Tasker regarding a Town law on a moratorium and that the Town Board
is going to discuss the matter at a special work session on
February 11th. Those of us who have been working for a moratorium
since last May appreciate the fact that a moratorium is now under
serious consideration as the result of Supervisor Pell ' s proposal
and Councilman Townsend ' s counter proposal. We are deeply concerned
that a moratorium limited to 90 days for Orient and East Marion only
will not suffice to protect the people of this Town against possible
development which may alter the course of an updated master plan , an
the future of the Town itself . Also , it seems obvious that water is
our basic problem--not only how much we have , but how much it is
contaminated. Even if supply is considered alone, that affects more
than Orient and East Marion. The entire shoreline of our Town has
shallow water tables. There are problems at Cedar Beach , New Suffolk,
Nassau Point , Mattituck Creek and more. In some places , there is
salt water intrusion. And, as the ERM report states , "groundwater
conditions in Zone 4 (Greenport-Southold) are also critical although
there is some extra available supply. " Just where is that extra
supply? Can lines be drawn excluding any extra supply area from a
moratorium? Groundwater quality also is a critical matter which
should be considered. According to ERM, "Nitrate levels. . . exceed
the drinking water standard" of 10 .mg/liter' in 17% of the well .
FEBRUARY '1, 1983 454
tested in the Town of Soutliold':-' 'A'1so 11% of the wells tested
exceeded the Temik (aldicarb) guideline of 7 parts per billion .
The report said that almost all of Zones 3 , 4 and 5 (all of Southold
east- of Mattituck) "become suspect . " The report adds that in all
of the Town , "a very delicate balance exists between fresh ground-
water lenses , salt water intrusion , chemical contamination and water
supply requirements , " and that "These conditions mandate that ground-
water resources be properly managed. " Doesn' t it make sense , there-
fore , to wait until the Town Plan is updated and approved before any
major development is allowed? Let me repeat the appeal of the
Moratorium Committee : "Please , gentlemen, plase now! " -- In all of
the Town , and until we have a plan for the future. You can do it ,
and do it legally , if you want to. ' Thank you.
SUPERVISOR PELL: Thank you, Mr. Bear. Mr. George Wetmore. Frank,
are you going to turn that in to the Town Clerk? (Yes) .
MR. GEORGE WETMORE, Greenport : Lifelong resident of Southold Town,
and a member of the Sterling Environmental Committee: We' re here
primarily to present the truth , the true facts of the water table,
and show how it can be cleaned up. You gentlemen have a copy of
about 30 years research on the water table and studies done by the
U.S . Geological Survey , Malcolm Pernie , Holzmacher, McLendon and
Murrell , ERM studies which do not hold water against Holzmacher ' s
studies , nor against Malcolm Pernie ' s studies ; and I think there' s
a lot of error in them, and on that one specific thing that Joe
picked out , if you look at the 1995 usage where your population
increases, you have a water reserve, when farming is eliminated
and if you want the specific table it is referenced to in there ,
if you want further explanation for that , I ' ll be happy to meet
with you people to go over the interpretations about these tables .
Now, moratoriums--East ' Hampton had one. I read in Suffolk Sun that
a subdivision was approved during the moratorium, or while it was
held up , and later on the judge threw it out because it did run out .
I think this Town Board should take this thing pretty seriously. We
do. When it comes to water supply , the studies that have been made
show there ' s no shortage of water for one acre residential zoning
and a reasonable development thereof . It will also show -there ' s a
heck of an excess in reserve if the Town is developed under that
zoning for other purposes and I 'm not the expert , I just gleaned
this. from several professional studies over the years . I think if
the Town is seriously considering that kind of an action they would
do well to consult with the local water authorities and perhaps some
of the advisory water authorities to the- local water district to get
a true statement of the facts. Thank you.
SUPERVISOR PELL: Thank you, George. Anybody else wish to address
the Board. Mr. -Jacquillard.
MR. HARRY JAQUILLARD, Mattituck: I own the Mattiuck Garden Shop
and Florist in Mattituck. I also have with me tonight Sandy
Freeman from Pinewood Nursery and Hank Granike from Pinewood and
Bob Jenkins from Doroski ' s Nursery. We ' d like to ask the Town Board
to enforce the zoning on the agricultural-residential zone "A" which
permits business to operate only selling at retail products that are
grown on their property. We've been after the Town Board a couple
of years now asking them to do something about it and it ' s not fair
that we' re paying higher taxes on "B" Business property and these
fellows that are operating florists , garden centers , they ' re selling
antiques--antique shops , farm stands that are bringing in hanging
baskets and things from other places and not grown on their own
property and we don ' t feel it ' s fair. The Town Board is spending
$75, 000. 00 to update their Master Plan but yet they won ' t take the
time to enforce the old law and we'd like to ask you to do something
about it . I have a .folder concerning all the businesses that are
on agricultural property that advertise and it ' s right here in black
and white that they advertise general designs , wedding flowers ,
antique shops , they advertise Christmas trees, Christmas wreaths--
the Christmas wreaths can ' t be grown on property. It requires
_ service and service isn ' t- supposed to be on agricultural property ,
service should be on business property as far as we 're concerned.
Thank you very much. (Mr. Jaquillard submitted evidence of the
advertising he spoke about . )
SUPERVISOR PELL: - Anybody else wish to address the Board? (No
response. ) If not , the motion is in order for adjournment .
455 FEBRUARY l-, 1583
Moved by Councilman Nickles , seconded by Supervisor Pell , it was
a�6bLVED that this Town Board meetyng be ad1jou=,d at 10:1.5 P .iM.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles-, Supervisor Pell.
This resolution was declared duly ADOPTED.
/ew
Jud* tir�' Te�r:lrr`y�
Southold Town Cl - k