HomeMy WebLinkAboutTB-02/15/1983 456
SOUTHOLD TOWN BOARD
FEBRUARY 15, 1983
WORK SESSION
9: 00 A.M. - Donald Deerkoski, Vice President , North Fork Bank and
Trust Company, Mattituck, met with the Board to present a cost
analysis for total computerization of the Town facilities, and a
breakdown of individual departmental costs. After the Board
thoroughly reviewed and discussed the proposal , Supervisor Pell
stated he would like to further discuss computerization of a Town
with Riverhead who has gone into computerization on their own,
rather than contracting with an outside firm. He will invite
a representative of Riverhead to meet with the Board on March 8th,
and will meet again with Mr. Deerkoski in approximately a months time.
9: 30 A.M. - The Board began reviewing the agenda., as well as the
following items of interest : methods of funding a community pool ;
need for additional help at the Nutrition Center, and possible
training program for cooks and. funding for same; seed and chower
clam programs--Councilmen Murdock and Townsend objected to the over-
expenditure of funds on last year' s program and the need to cut back
on the seed clam program to meet the budget appropriations; report
of Councilman Murphy on a proposed trip to Normal , Illinois to inspect
landfill site; Councilman Townsend' s request to ask for resumes for
the Landmark Preservation Commission.
Supervisor Pell announced the following upcoming meetings:
February 17th - 12: 00 P.M. - meeting with Guy Siegel , Public Service
Commission re: Captain Kidd Water Company. February 28th - 10: 00 A.M. ,
meeting with David Green, Long Island Cablevision. March 1st - 1 : 30
P.M. - Town Board work session re: Southold Town Landfill. March 1st -
7: 30 P.M. - public hearing on proposed four payment Suffolk County
Tax Act revision. March 3rd - 10:00 A.M. - meeting at the Suffolk
County Cooperative Extension Services, Riverhead by the New York
State Public Service Commission, a hearing on the Captain Kidd Water
Company.
11: 00 A.M. - Town Historian Magdaline Goodrich and Mrs. Joy Bear
met with the Board to present a proposed booklet designed by Mrs.
Bear for publication by the Town in conjunction with the Tercentenary.
The Board discussed methods of funding this booklet and Supervisor
Pell advised them there is $16, 000 in unallocated Federal Revenue
Sharing Funds for 1982, as well as $1,000. 00 in the publicity budget .
The Board discussed allocation of the $16 ,000, and came up with
the following proposal to be placed on the agenda under resolutions :
$4,000 - Tercentenary publicity; $5000 - Shellfish; $7 ,000 - Roadway
at Town Hall.
12:15 A.M. - Recess for lunch.
1: 45 P.M. - Resumed reviewing the agenda.
1: 50 P.M. - Community Development Director James McMahon met with
the Board to discuss the possibility of extending to $10,-000 a
guaranteed loan to a non-credit worthy applicant under the Year VII
Housing Rehabilitation funds. The Board was in agreement that they
should stay with the $7, 500. 00 previously agreed upon.
1: 55 P.M. - Mr. Stuart Turner of Raymond Parish Pine and Weiner
met with the Town Board to discuss their progr-ess on updating the
Master Plan. Mr. Turner reviewed their method of billing; water
studies; and working maps being used by RPPW for land use in the
Town, special districts, wetlands, soil categories, etc. Mr. Turner
said -they should have the basic material together by April -or May,
initial recommendation to the Planning Board. by approximately June,
and the update plan itself should come out of it by fall.
3: 00 P.M. - Work Session adjourned.
457 FEBRUARY 15 , 1983
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on
Tuesday, February 15, 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 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
Absent : Councilman John J. Nickles
SUPERVISOR PELL: Councilman Nickles is not with us today, he is
up in the State Capitol on personal business. This is one trip a
year he makes on that so he will not be with us today. -
Moved by Justice Edwards, seconded by Councilman Murphy, it was
RESOLVED that the minutes of the February 1 , 1983 Town Board meeting
be and hereby are approved.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby are ordered
paid: General Fund Whole Town bills in the amount of $2,219. 02;
General Fund Part Town bills in the amount of $3, 383. 56 and $4, 345. 00;
Home Aide Program bills in the amount of $452. 62.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Supervisor Pell. Abstain: Councilman
Murdock.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: The bills were audited by Justice Edwards and
Councilman Townsend.
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 7: 30 P.M. , Tuesday, March 8, 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, Supervisor Pell.
This resolution was declared duly ADOPTED.
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
same.
1. Town Clerk' s monthly report (January 1983) .
2. Town Trustees ' monthly report (January 1983) .
3: Town Justice Price' s monthly report (January 1983) .
4. Highway Department ' s monthly report (January 1983) .
5. Fishers Island Ferry Distric-t ' s monthly report (January 1983)
6. Community Action of Southold Town (CAST) annual report (1982)
7. Town Just-ice Tedeschi ' s monthly report (January 1983) .
8. Assessor ' s monthly- report (January 1983) .
9.. Building Inspector' s monthly report (January 1983) . _
10, Police Department ' s monthly report (January 1983) . -
11. Councilmen ' s reports. Councilman Townsend? .
COUNCILMAN TOWNSEND: I have nothing at this time. -
SUPERVISOR PELL: Councilman Murdock?
COUNCILMAN MURDOCK: I seem .to be getting a lot of input from the
public about a story that appeared in the paper with reference to-
-swimming pool and skating. So far all the comments have been very
FEBRUARY 15, 1983 458
favorable. I hope to keep seeing them come in and we are gathering
information. Thank you.
SUPERVISOR PELL: Councilman Murphy?
COUNCILMAN MURPHY: I would like to comment on the CAST report that
is here. I know most people will not go to the Town Clerk and read
it. That ' s on their Christmas Program. I 'm a member of the CAST
Board of Directors, and it was really very gratifying. This is a
tough year really for everybody. Prices of food, fuel , anything,
and a lot of people, were way up and a lot of people are out of work,
but this year we had approximately a 50% increase in donations to
CAST which were most gratefully appreciated. They had a surplus of
money from their Christmas Program that they were able to carry over
to help their program through the summer. The members of the CAST
Board of Directors asked me to thank everybody in the Town for this.
It certainly was appreciated. Thank you.
SUPERVISOR PELL: Justice Edwards?
JUSTICE EDWARDS: Nothing from the east .
SUPERVISOR PELL: One comment I would like to make is that at this
time I would like to notify all the people who are interested and
especially the press, I hope they pick it up, under our Landmark
Preservation Commission we have to set up the Commission. At this
time the Town Board would like to seek resumes of people who would
be interested in serving on this Commission. We will seek resumes
and ask them to be turned in to the Town Clerk prior to the end of
March, so in April when the Town Board meets they can review them.
This is a new Landmark Commission just set up in your Township, our
Township and it ' s important that we get it off to a good start , so
we are going to critique the resumes coming in very carefully and
make sure we get the best qualified people to sit on the Commission '
which is called for under this new Local Law. Thank you very much.
II . PUBLIC NOTICES
1. Submission to the U. S. Department of the Interior of an
Exploration Plan and Environmental Report pursuant to the Outer
Continental Shelf Lands Act . What it .is is Shell Offshore Inc.
of Shell gas has filed a plan to drill in the Outer Banks . The.
location you would have to find on a map, but anyone who is interested
in this, and any agencies desiring to express their views concerning
the proposed activity may do so by filing their comments in writing
no later than 4: 30 P.M. 30 days from the date of publication of this
notice or March 10-, - 1983. Comments -should be addressed to New York
State Department of State Coastal Management Program, 162 Washington
Avenue, Albany. Anyone who is concerned about this, this will be
posted on the Town Clerk' s Bulletin Board and you can get any in- forma-
tion from her.
2. Proceedings on motion of the Public Service Commission -
Publ-ic Notice - Proceeding on motion of _ the Commission to investigate
the Acts and Practices, Service, Rules and Regulations- and Books and
Records .of Captain Kidd Water Company, Inc. It will be held before
an Administrative Law Judge on, Thursday, March 3rd at 10: 00 A.M. at -
the Suffolk County Cooperative Extension Services, 246 Griffing
Avenue, Riverhead, New York, right by the railroad station in
Riverhead, and to be continued on Friday, March 4, 1983, if necessary.
The purpose of the hearing is to receive statements from affected
members of the public and customers of the Water Company; receive
testimony and exhibits from members of the Commission staff , the
respondent Water Company; and to permit the cross-examination of
all witnesses by other parties. This is also posted on - the Town
Clerk' s Bulletin Board and anyone concerned with the Capt-ain Kidd
Water District or with any future water districts, we might learn
a few lessons on what to do.
SUPERVISOR PELL: This notice--we tried to have it in Town Hall
here--the meeting was scheduled for Town Hall , the PSC changed
it to Riverhead. Why it was changed I do not know, but it was
scheduled for here but they changed it to hold it up there: This
is an important hearing. It affects many people in Southold Town
and I do hope the press--again I will ask the press to let the date
be known. It is March 3rd, 10: 00 A.M. in Riverhead. This office,--
Town Hall, will be called many times once people find out . They 've
been waiting for this. _ It ' s been a long time coming. It is the
}
459 FEBRUARY 15 , 1983
result of a letter that was sent out , I 'm going to say, six weeks
ago by direction of the Town Board. I sent it to the PSC asking
them when they were going to get this hearing moving. I think your
Town Board had a little bit to do to get it going. Finally it 's
going to be held.
III . COMMUNICATIONS
1. Request from the Town Trustees which we are going to look
into and perhaps go into. The Town Trustees are elected for two
years. They request that they be elected for four years--a four
year term; three elected one time and two elected the next time so
we do not ever have a complete change in one election year. The
Town Attorney will draft a law and we will have to send it to Albany
to be ruled upon. We hope it will go through.
2.. From the Town Trustee regarding the anchorage in Mattituck
Inlet , wishing us to put a sign up and designate a local federal
anchorage area up there so incoming boats will know where to- anchor.
Again we are going to work on this with the Trustees. Again that
will be a Local Law change.
3. From a group of people who live on Peconic Bay Boulevard.
This is interesting to the Town Board. The feeder bus route -when
we had it first put on we went down Peconic Bay Boulevard. The use
of that dropped to nothing, so the County of- Suffolk from time to
time evaluates the route and the amount of usage the feeder bus does
get but they have taken it off some-time ago Peconic Bay Boulevard.
This past week we got a petition in with I 'm going to say forty or
-fifty names on it , people who live along there and wish to have it
go back on the Boulevard again. That will be turned over to the
County for consideration.
4. Letter from Times Mirror Cable Television addressed to
the -mayors and 'five supervisors of the five east end towns saying
by mid-1985 they hope to have, if all goes right , 750 new wires .
put up, _and system that will give you I think 33 channels, and what
not . What I think this is in response to, to be 'perfectly- frank
about it , your Town Board has requested over a year ago for a
hearing to be held on the service that is given to Southold Town
by Cablevision. We've been pushing Cablevision for well over a
year now and finally we have a hearing that will be held in approx-
imately the next 20 days in Albany which we will have to go up to.
The other townships also got wind of what we have done so they all
joined in and they all got together and complained to Albany and
the west coast that the Long Island Cablevision is not giving the
eastern end of Long Island the service that we feel we should get ,
so we wrote to them also as a group.
IV. HEARINGS - Four hearings scheduled for 3: 30 P.M.
V. RESOLUTIONS
1. Moved by Councilman Townsend, seconded by Councilman Murdock, 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 Cade 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 Virginia G. _Jones by The Land
Use Company for a wetland permit . Permission is requested to construct
ramp and float and dredge on property located at Budd' s Pond at end of
Willow-Point Road, 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 nQ objection nor comments by that agency.
_ Vote of the Town Board: Ayes: - Justice Edwards, Councilman -
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.
2. Moved by Councilman Murdock,' seconded by Councilman Townsend, 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 agent;y f_or"_the
460 FEBRUARY 15 , 1983 460
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 Port- of Egypt Marine , Inc.
for a wetland permit. Permission is 'requested to rearrange existing
dockage on property located at Budd' s Pond, -at Main Road, 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.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.
3. Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
E. Kenneth Tabor a member of the Southold Town Board of Housing
Appeals, effective January 9, 1983 through January 9, 1986.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.
4. Moved by Justice Edwards, seconded by Councilman Townsend, 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 John Geideman on behalf of Robert and
Patricia Troxel for a Wetland Permit on certain property located on
canal off James Creek, located at 2800 Ole` Jule Lane, Mattituck,
New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell .
This resolution was declared duly ADOPTED.
5. Moved by Councilman Murdock, seconded by Justice Edwards, it was
RESOLVED that the application of Zdzislaw Mikolajczyk for renewal
of a single family house trailer permit for trailer located at
south side of Private Road, off east side Main Road, 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, Supervisor Pell.
This resolution was declared duly ADOPTED.
6. Mov.ed by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold set 3:00 P.M. ,
Tuesday, March 8, 1983, ' Southold Town Hall , Main Road, Southold,
New York as time and place for hearing upon the application of Port
of Egypt Marine, Inc. for a permit under the provisions of the
Wetland Ordinance of the Town of Southold to rearrange existing
dockage- at Budd' s Pond, Main Road, Southold, New York.
Vote .of the Town Board: Ayeq:- Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.
7. Moved by Councilman Townsend, seconded by Supervisor Pell, it was
RESOLVED that the Town Board of the Town of- Southold hereby rescinds
their Resolution No 5 adopted on May 18, 1982, a Negative Declara-
tion, Notice of No Significant Effect on the Environment , in the
matter of the application of Jem Realty for a change of zone from
"A" Residential and Agricultural District to "M" Light Multiple
Residence District and "B" Light Business District on certain
property located on the northerly side of North Road (Route 25) ,
Greenport , Town of Southold, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor- Pell.
This resolution was declared duly ADOPTED.
8. Moved by Justice Edwards, -seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold, as lead
agency pursuant to the Environmental Conservation Law State Environ-
mental Quality Review and 6NYCRR Part 617, Section 617. 10 and Chapter
44 of the Code of the Town of Southold, hereby requests Jem Realty
Realty to prepare and submit a Long Environmental Assessment Form
with respect to their petition for a change of zone from "A"
461 FEBRUARY 15 , 1983
Residential and Agricultural District to "M" Light Multiple
Residence District and "B" Light Business District on certain
property located on the northerly side of North Road (Route 25) ,
Greenport , Town of Southold, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell .
This resolution was declared duly ADOPTED.
9. Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of . Southold, as lead
agency pursuant to 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, hereby requests
Richard J. Cron to prepare and submit a Long Environmental Assess-
ment Form with respect to his petition for a change of zone from
"A" Residential and Agricultural District to "M". Light Multiple
Residence District on certain property located on the north side
of School House Road, Cutchogue, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.
- --- 10. Moved by Councilman Murdock, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold, as lead
agency pursuant to 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, hereby requests
Lawrence Bruno to prepare and submit a Long Environmental Assess-
ment Form with respect to his petition for a change of zone from
"A" Residential and Agricultural District to "M-1" General Multiple
Residence District on certain property located on the north side
of County 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, Supervisor Pell.
This resolution was declared duly ADOPTED.
11. Moved by Justice Edwards, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of- Southold hereby
authorizes the fol-lowing elected or - appointed officials or
employees of the Town of Southold to attend the annual meeting
of the Association of Towns to be held in New York City on
February 20, 21, 22, 23, 1983:
Supervisor William R. Pell , III Town Clerk Judith T. Terry
Councilman John J. Nickles Councilman Lawrence Murdock, Jr.
Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards Justice William H. Price, Jr.
Justice Frederick J. Tedeschi Planning Board Members
Board of Appeals Members Account Clerk Joan- Richter
Planning Board Secretary Susan Long
Board of -Appeals Secretary Linda Kowalski
Justice Clerk Barbara Andrade
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor 'Pell .
This resolution was declared duly ADOPTED.
12. Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Southold Senior Citizens Club, Inc. to hire one
bus at a cost of $288. 00 to transport their group to Tarrytown on
March 24, 1983 to visit the Goebel Collection and film.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.
13. Moved by Councilman Townsend, seconded by Councilman Murdock, it was
RESOLVED that the Town Clerk of the Town of Southold is hereby
authorized and directed to advertise for bids for the purchase of
one (1) new 1983 International Model 2554 Truck or equal .
Vote of the- Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor. Pell.
This resolution was declared duly ADOPTED.
14. Moved by Councilman Murdock, seconded by Justice Edwards, it was
RESOLVED that Superintendent of Highways Raymond C. Dean , and all
members of the Southold Town Board are hereby authorized to travel
to the cities of Normal ; Illinois and Winn, . Michig h
an to inspect thee
FEBRUARY 15, . 1983 462
landfill operations and equipment at said cities. Date and time to
be decided upon. All necessary expenses for travel , meals and
lodging shall be a legal charge against the Town of Southold Federal
Revenue Sharing Fund Landfill Account .
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman" Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.
15. Moved by Councilman Murdock, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates
$16, 000. 00 from unallocated Federal Revenue Sharing Funds into the
following new Federal Revenue Sharing Fund line items:
Shellfish-----------------------------$59000. 00
Tercentenary Celebration--------------$4, 000. 00
Roadway at Town Hall------------------$7, 000. 00
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell .
This resolution was declared duly ADOPTED.
16. 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 enter into an agreement with Paul Flagg,
Shellfish Consultant , at the price of $5, 000. 00 for the year 1983.
Vote of the Town Board: Ayes: Justice Edwards , Councilman -
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.
17. Moved by Justice Edwards, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold is hereby
authorized to order and purchase Size R-3 seed clams, 6-8 millimeters
long, from the United States Aquacultural Research Corp. , Dennis,
Massachussets, at a cost not to exceed $3 ,000. 00, and to be delivered
by mid-April 1983.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.
18. Moved by Councilman Murdock, seconded by Justice Edwards, ..it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to The Seniors Club of Southold-Peconic, Inc. to hire
one bus at a cost of $250. 00 to transport their group to the Island
Squire, Middle Island, New York, on February 18, 1983.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: I would like to ask, at this time, Mr. Dean, if
he would, just stand up and hold the clams so you can see the growth.
We talked about seed clams, money for seed clams, and this is the
growth and before you go home I ' ll ask him to have it out back so
many of you can look at it . Just show them the growth of clams in
six months. This is what we ' re doing in Southold Town. The top
clams were when we bought them--the very top clams. -The bottom clam
is six months old growth. That is two years growth in six months
what it amounts to.
Moved by Superv.isor Pell, seconded by Councilman Murdock, it was
RESOLVED that a recess be called at this time, 3: 30 P.M. , for- the
following wetland application public hearings:
3:-30 P.M. - Phil Marco
3: 35 P.M. - Boatmen' s Harbor Marina
3: 40 P.M. - Lawrence D. Byron, Jr. -
3: 45 P.M. - Robert K. and Jean Fairlie
Vote of the Town Board: Ayes: Justice Edwards, Councilman _
Townsend, Councilman Murphy-, Councilman. Murdock, Supervisor Pell .
This resolution was declared duly ADOPTED. _
Meeting reconvened at 3:55 P.M.
SUPERVISOR PELL: I ' d like- to state at.-this time to some the people-
- who are here for the first time, I see some new faces here, and of
course the old people who come every week, we ' r-e glad to have you
back and the new ones here. Your Town Board started to work today,
and I 'm addressing this mainly to the Girl Scouts here- for Girl ,
Scout Week, we started sitting around this table today at half past_
eight this morning, going over_ these items. You think we- -move fast
463 FEBRUARY 15 , 1983
on them now? Yes, we are moving fast , but we have given from half
past eight this morning discussing each and every one of them, pros
and cons, and the resolutions we have made were all discussed during
the day sometime. The communications that were brought up .was dis-
cussed during the day. Everything that is on this agenda we' re going
over now was gone over thoroughly by your Town Board during what we
-call the Work Session of the Board.
20. Moved by Councilman Murphy, 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 Enconsultants, Inc. , on behalf of John
Bubany, for a Wetland Permit on certain property located at 2350
Beebe Drive, on Eugene Creek, Cutchogue, New York.
Vote of the Town Board: Ayes: Justice Edwards, -Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.
21. Moved by Justice Edwards, seconded by Councilman Murdock, 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 Enconsultants , Inc. , on behalf of
Chester Koloski, for a Wetland Permit on certain property located
at 2250 Beebe Drive, on Eugene Creek, Cutchogue, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell .
This resolution was declared duly ADOPTED.
22. Moved by Councilman Murdock, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
and recommends the following proposed legislation to be submitted to
the New York State Senate and New York State Assembly for introduction:
AN ACT to amend chapter six hundred fifteen of the laws of eighteen
hundred ninety-three, entitled "AN ACT to create the board of trustees
of the town of Southold and empower said board to manage and dispose
of the common lands under water, belonging to said town" , in relation
to the term of office of trustees in the town of Southold, which reads
. The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Section 1. Chapter six hundred fifteen of the laws of eighteen
hundred ninety-three, entitled "An Act to create the board of trustees
of the town of Southold and empower said board to manage and dispose
of the common lands under water, belonging to said town" is hereby
amended by adding a new section thereto, to be section one-a, to read
as follows:
01-a. Notwithstanding the provisions of this Chapter, or any
other general or special law, at least one hundred fifty days prior
to any biennial town election, the town board of the town of Southold
may adopt a resolution to provide that the term of office of trustees
of the town of Southold shall be four years.- Such resolution shall be
submitted to the qualified electors of the town for their approval or
disapproval at the next biennial town election. If such resolution is
approved by the -affirmative vote of a majority of said electors at such
election, the resolution shall become and be effective immediately. If
such resolution is- approved by the affirmative vote of a majority of
said electors at such election, three trustees shall be elected for a
term of four years and three trustees shall be elected for a term of
four years at every second biennial town election held thereafter,
and two trustees shall be elected for a term of two years and two
trustees shall be elected for a term of four years at every second
biennial town election held thereafter.
82. This act shall take effect -immediately.
Vote of -the Town Board: Ayes: Justice Edwards , Counc-ilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.-- -
SUPERVISOR PELL: -That would leave,- for information sake, that -
would -leave two people in -this Town who still .serve two year terms ,
. Mr. Raymond Dean and myself , .all the other elected officials will _
- be going to- four year terms.- Four years ago the Tax Receiver went
to four years, last year -the Town Clerk went to four years . This
year we hope to have the Town Trustees go to four years. Then Ray
and_ I are left with two. We- live dangerously, right- Ray?
Town Clerk Terry presented the Town Board members with a copy of
the Ord-er of the New .York State Comptroller permitting the establ-is-h=
ment of the Southold- Wastewater Disposal District in the -Town of.
- - Southold pursuant to Town -Law, -Article 12-A, ._Sect-i-on 109-f-. _ -
FEBRUARY 15 , 1983 464
23.. Moved by Councilman Townsend, seconded by Councilman Murdock,
- - - - - - - - - - - - - - - - - - - - - - - - -
In the Matter
of FINAL ORDER EST A BI�ISHING
The Establishment of the SOUTHOLD THE SOUTHOL.D WASTEWATER
WASTEWATER DISPOSAL DISTRICT DISPOSAL. DISTRICT
in the Town of Southold, Suffolk County,
New York, pursuant to Article 12A of
the Town Law.
- - - - - - - - - - - - - - - - - - - - - - - - -
WHEREAS, there has heretofore been filed with the Southold Town Clerk
a map showing the boundaries of the proposed Southold Wastewater Disposal
District, together with a plan and report showing the improvements proposed
to be made in said District, and
WHEREAS, the Town Board has heretofore by Order duly adopted or_
August 3, 1982, determined to hold a public hearing on the 7th day of Sept,_:rnber,
1982 to consider said map, plan and report, and
WHEREAS, the Town Board, by resolution duly adopted on October
1982, following the said hearing and upon the evidence given thereat, duly
determined that all of the property and property owners within the proposed
Wastewater Disposal District were benefited thereby; that all of the prop 4 erty
and property owners benefited were included within the limits of said proposed
-district. and that it was in the public interest to establish said district and duly
resolved to approve the establishment of such-district to embrace the territory
described therein, which said resolution was subject to a permissive referendum,
as provided i„ Section 209-e of the Town Law, and no petition requesting th-A
the matter of the establishment of said district be submitted to a referendum
of the property owners of the proposed district having been filed with the `I own
Clerk, and the time within which such petition may be so filed having expired,
and, -
WHEREAS, upon application duly submitted pursuant to Section 209=-f of
the Town Law, the State Comptroller has by order of February 8, 1983, granted
his permission to the establishment of said Wastewater Disposal District
provided in said order, and
- WHEREAS, the Town Clerk has-heretofore presented such order to t-his
-board at this meeting.
NOW, THEREFORE, IT IS HEREBY ORDERED by the Town Board of
the Town of Southold, Suffolk_ County, New York, as follows:
465 FEBRUARY 15 , 1983
Section 1. That the said Wastewater Disposal District, to be known as
the Southold Wastewater Disposal District be and it hereby is established to
embrace thr: territory described in and containing the following boundaries, to
wit:
All of the land located on the mainland of the Town of Southold, Suffolk
County, New York, outside of the boundaries of the Incorporated Village of
Greenport, EXCLUDING, HOWEVER, the following parcels of land shown and
designated on the Suffolk County Tax Map as follows, to wit:
DISTRICT SECTION BLOCK LOT PRESENT OR FORMER OWNERS
1000 034 1 33 Garner, Irene
1000 034 1 34 Garner, Irene
1000 034 1 35 Copin Jr. , .Edward
1000 034 1 36 Finno, James & wife
1000 034 1 40 Grigonis, Frank
1000 034 1 42 Preston, Frederick
1000 034 1 43 Nolan, Robert
1000 040 ' 3 5 ELI Kamp Grounds, Inc.
1000 040 3 8 Malinauskas, Anton
1000 040 3 9. 1 Dunn, Agnes
1000 040 3 9. 2 Malinauskas, Charles
1000 041 3 45 Wilson. Vernon
1000 041 3 46 Orr, William
1000 041 3 47 Raynor, Samuel R.
1000 041 3 49 CUipryk, Joseph .I.
1000 041 3 51 Lewis, Harry
1000 041 3 54 Mihelakis, George
1000 041 3 55 Breglia, Patricia
1000 04b 3 56 Kruk, Edward
1000 041 5 3 Wright, Everett
1000 042 1 2 Shelby, Jonathan
1000 042 1 6 King, Gerald
1000 042 1 15 Fiore, Anthon,;
1000 042 1 17 Rowland, Marguerite P.
1000 042 1 22 Davis, Frederick
1000 042 1 23 Richter, Joan
1000 042 1 24 Le den, John
1000 042 1 26 Mazzaferro, Eugene N.
1000 042 1 27 Mazzaferro, John A.
1000 042 1 30 Corwin E. E. & M. G.
1000 045 2 2 San Simeon by the Sound
1000 045 7 2. 1 Herzog Jr. Albert
1000 045 7 3 Jernick Moving & Storage, Inc.
1000 045 7 5. 1 Greenport School District No. 10
1000 046 1 31. 1 - HX Construction Corp. -
1000 046 1 1 Espach, D. & Vis_chno,. L.
1000 048 1 2 McCamy, Keith
1000 048 1 14 Calabrese, Domenico
1000 048 3 1 Brown, William
1000 048 3 12 Fields, Frank
1000 048 3 13 - Giovanefli, Etor-e
1000 049 1 9 Tyler, Jacob
1000 049 1 13 Pirillo, James
1000 049 1 - 25. 1 Shilowit-z
_ The land located within the boundaries of the Incorporated Village-cf _
Greenport, Town of Southold,- Suffolk County,.-New York shall be excluded from
said proposed District, EXCEPT that the following parcels of land located within
the boundaries of said Village of-Greenport shall be INCLUDED in said proposed
District, said included parcels being shown and designated on the Suffolk County
Tax Map_ as follows, to wit:
FEBRUARY 15 , 1983 466
DISTRICT SECTION BLOCK LOT PRESENT OR FORMER ()WNERS
1001 003 3 1&2 Village of Greenport
1001 003 3 3 Painter, Roberta S. & Another
1001 003 3 4 Bayne, Milton H. & Ors.
1001 003 3 5 Stoothoff, Alesta C.
1001 003 3 6 Allen Jr. , Donald
1001 003 3 7. 1&7. 2 Fall, Edward A. Jr.
1001 003 3 8 Shengold, Melvin & wife
1001 003 3 9 Holmes, William & wife
1001 003 3 10 Leiblich, Jr. , Paul
1001 003 3 11 Tasker, Henry. & wife
1001 003 3 12 Droshim, Elsie K.
1001 003 3 13 Schenck, Elizabeth M.
1001 003 3 14 Muller, William A. & wifE:
1001 003 3 15 Burns, Margery D.
1001 003 3 16 Sweeney, Raymond J. & wife
1001 003 3 17 Adams, Janet B.
1001 003 3 18 Staples, Halsey A.
1001 003 3 19 Staples, Dorothy P.
1001 003 3 20 Smith, Isabelle L.
1001 003 3 21 Bradshaw, Jr. , Perry D.
1001 003 3 22 Abruzzo, Jean D.
1001 003 3 23 Clerke, Lester Y.
1001 003 3 24 Corwin, James A.
1001 003 3 25 Wachenfeld, Barbara H.
1001 003 3 26 Noble, Christopher L. & Another
1001 003 3 27 Craig, Robert
1001 003 3 28 Leonard, Jean C.
1001 003 3 29 Buckley, Eugene T.
1011 003 3 30 Goldie, Richard B.
1001 003 3 31 Edwards, Jane K.
1001 003 3 32 Pope, Helen B.
1001 003 3 33. 1 Richardson, Mary S.
1001 003 - 3 33. 2 Arnott, Janet B.
1001 003 3 33. 3 Arnott, Janet B. Adams
Section 2. That the Town Clerk be and she hereby is authorized and
directed to cause a certified copy of this Order to be duly recorded in the
Office of the Clerk of Suffolk County, New York within ten days after the
adoption of this Order, pursuant to the provisions of Section 209-g.of the Town
Law.
Section 3. That the Town Clerk be and she hereby is authorized and
directed to cause a certified copy of this Order to-be filed in the Office of the
State Department of Audit and Control at Albany, New York, pur-suant to the
provisions of Section 209-g of the Town Law.
Section 4. This Order shall take effect immediately.
Vote o-f the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.:.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: The next resolution we have today results from
- a meeting that was held, a working session meeting that was held
by the Town Board on Friday of this past week regarding the
moratorium. We met here at 10 o ' clock and broke up about half
past twelve, one o' clock, going over the pros and cons of it .
We have a resolution -at this time to be presented.
467 FEBRUARY 15 , 1983
COUNCILMAN MURPHY: I ' d like to make just a few comments. I 've
been the Town Board' s representative as far as water was concerned,
appointed back over a year ago. Since then I must have attended
twenty or thirty various meetings of the various state and county
levels and Town level ,- and it became very obvious to me that we do
have a very serious potential water problem in Southold Town. I
think it ' s very obviously to most of the-- all ofthe Town Board and
most of the people in Southold Town, and I feel that we really have
to do something. I propose a Local Law calling for a full moratorium
of all major and minor subdivisions in Southold Town. We met with
our planning consultants today and he was almost to the point of
recommending. I wouldn' t want to put him on the spot and say that
he was recommending, but we do have quite a bit of open land that
is unbuilt upon, lots that are subdivided already, and will cause
no hardship in the Town for anybody who has a piece of property and
wants to build on it or anyone who wants to move into Town. We have
a potential of over 4500 lots that are subdivided now that aren ' t
built upon, which would just about double our population, or increase
it fifty percent , so I feel that we can well take the time right now
.to stop and to look at where we've gone, what ' s available. The water
management district is probably the most important thing that we ' re
going to need for the future. Southold Town is very unique. We have
four different water areas or kettles, and some of these are even
subdivided more. So we do have a problem and we should sit back and
look. I wouldn' t want to take away anyone ' s right to subdivide his
land or to take away the right of anybody to do what he wants on the
land, but I think it '.s very important to the people that we do this-
right now, sit back and analyze where development can go. Southold
certainly can grow. There are certain areas that definitely cannot
tolerate any more building or multiple dwellings on it . There are
other areas that certainly can have this. I think we should have
our very nice Town that we do have and still protect all the people,
the people' s rights and I think we should enforce this as a Local
Law. I 've written up--I 've offered to the Town Attorney to act upon
by first examining it and going over it to see that it meets the
criteria and then to forward it on to the Suffolk County Planning
Board and then to come back and have a public referendum, which at
that time everybody in the Town can be heard. So I would like to
offer this resolution for a Local Law calling for a full moratorium
for a six month period of time on major and minor subdivisions.
24. Moved by Councilman Murphy, seconded by Supervisor Pell, it was
RESOLVED that the Town Clerk of the Town of Southold be and she
hereby is authorized and directed to submit the following proposed
Local Law to the Southold Town Planning Board and Suffolk County
Planning Department for recommendations and comments :
A Local Law to provide E.:)r a Moratorium on
Applications for Subdivision Plat Approval
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 by adding a new -Article thereto, to be Article
XVI , to read as follows:
ARTICLE XVI
MORATORIUM
§100-160 Findinas
1. In response to- threats of groun-dwater quality and-
_ inc_reasing deafands for potable- drinking water in the north
Fork of Eastern Long Island; the Suf Eo1k -County 'Department of-
Health Services retained the services of E.RM-Northeast to
conduct a study of water supply options tor tine North Fork.
On- December 16 , 1982 , 1:Rtv1 prepared a draft report entitled
FEBRUARY"15 , 1983 468
"North Fork Water Supply,- Eye`c:,u,ti:ve Summary and
Recommendations, " wherein it made the following findings:
(a ) rhat the total available groundwater supply i.s
limited.
( b) That in the Town of Southold, a very delicate
balance exists between fresh water lenses , sail
water intrusion, chemical contamination and
water requirements.
(c) That 'over-pumpage or improper well location
causes lateral arid vertical saltwater
intrusion.
(d) That because the acquifers are shallow, they
are extremely susceptible to chemical contamin-
ation and have a limited dilution or assimil,a-
t.ive capacity.
( e) That the above conditions require that ground-
water resources be, propert�Z managed zinc?
protected in order to L)rovide! the necessary
water supply requirements.
2. That in the na- st two ye.-irs Chera has been a s larp
increase in the number of. acc-c'S Eor subdivi5i�11s fil-d with
the Planning Board for subdivision plat approval involving
land throughout the 'Town.
3. That the Town jf Southold has rc,tained the firm of
Raymond, Parish, Pine and Weiner, Inc. to condLlCt such
studies as it deems necessary to update the Town ' s 1972
Master Plan to provide for the future development of the
Town.
4. That -such firm is 'presently - in the nrocc-:�ss ing (-)E
collecting data; including the review of existing water -
studies to determine the Town ' s development capacity based in
part upon the available sup
ply- potable water.
5. That-. the Town Board bt�lieves that, . based upon the
findings and recommendations of the ERM report, that the -
_ plann-ing firm may recommend Mat the existing zoning code anti
zoning _map be amended in order to prevent the shortage of
potable water and in accordance with such land use factors as
agriculture, fishing and tourism.
469 FEBRUARY 15, 1983
6. That the Town Board is concerned that the pcesent
land use regulations in the Town of Southold may 'ce
inconsistent with the land use and lot size regulations which
may be recommended by said planning firm.
§100-161 Purpose
It is therefore the purpose of this Article to impose a
moratorium on the approval of applications for (na jor-1
subdivisions throughout the Town of Southold not including
Fishers Island in order to allow the planning firm and Lown
_- officials a reasonable period of time to stud1 , prepar,.� and
adopt reasonable measures try preserve and protect the limited
water resources of the Town in such areas, and to prt.vent a
race of diligence of land own._rs to develop land under the
existing zoning - regulations during Lhe Town ' s cons tder1aLion
of such measures which inay result in the estnnlishment of
1.aIIC1 (I Velopment wh1C11 would I)'? w1Lh (;U,:h
m.�asur,�s and defeat their- inr( rlt- Ild Pucpose.
§100-162 Subdivision Plat Ain.-1ications
Notwithstanding th,2 provisions of [article 16 of the Town
Law, and the provisions of Art.iele A106 of the Southold Town
Code, during the period of time that this Article shall be in
effect, the Southold Town Planning Board shall not- accept or
take any action on any application for the approval of- any
major subdivision plat, which has- not received sketch plan
approval on or before February 15, 1983 where the land
proposed to be subdivided is .locaL-ed in that area of the Town
described in Section 100-163 of this Article.
§100-163 Area Affected By This Article
The provisions of this Article shall affect all of the
mainland of the Town of Southold except Fishers Island.
§100-164 Relief Front the Provisions of This Article
Where the Town Board find that practical difEicul.ties or
unnecessary hardship may result from the strict application
of the provisions of this Article, it may, upon application ,
to it, vary or modify - the provisions of this Article so that.
the spirit and intent of this Article shall be- obskJrved,
public health and welfare secured and substantial justice
done. Upon the receipt of an application for relief from the _
provisions of this Article, the Town Board small fix ,� tI'Lle
FEBRUARY 15 , 1983 470
for a public hearing on the application and shall cji,,,-_ notice
thereof by publication in the offical newspaper of the Town
at least ten days before such hearing.
§100-165 Duration of Moratorium
The provisions of this Article shall be at-id rem�.ii.� in
full force and effect- for a period of six ( 6 ) uLonr.hs from and
after the effective date of this article with su,.:il ut( i:lti)t iuul
to be renewable upon recolimeridation of t-he To.wm R(_i:1C(i L' �_ ilt'
master plan has not b��n col(i�:;leted and accepc,.cd h., ti:,: To,
Board in that period of t.iui.=:.
§100-166 PriorApprova1_
Nothing contained her:2i;i .Mill. be deemed t,) or
annul any prior approval yr..ln::,:xi and in effect. -I::, ;)I- the
effective date of this Article.
9100-167 Suppression
This Article shall supersede, in its application to the
Town of Southold, Sections 276 and 277 of the Town Law.
9100-168 Effective Date
This Local Law shall tare effect upon the date of its
filing in the Office of the Secretary of State.
COUNCILMAN MURDOCK: I think it ' s only fair that I give a chance
to express my opinion. This Local Law was handed to the members
of the Town Board at two minutes to three, as many of you people
were gathering to sit down. None of us--well, I shouldn ' t say none
of us, I ' ll speak only for myself. Since two minutes to three I
have not had a chance to even read the proposed Local Law. The
discussion that Mr. Murphy had in relation to the Town Board meeting
we had on February llth was called for the purpose of taking informa-
tion relative to a moratorium resolution that Mr. Townsend had
proposed. At no time during that session, or subsequent to, other
than two minutes before three today was this Local Law mentioned
again or handed out or discussed again. I feel it ' s very inappropriate
for any member of the Town Board to participate in such an action.
I object to having been given a Local Law and then a public speech
being made about--told to the public about -how long we had acted on
this resolution. We did not delibefate on this resolution-. I have
not even read i_t ; nor was I given the opportunity to read it and I
want that in the record that it was given to us at two minutes to
three on the day that the resolution was called for.
SUPERVISOR PELL: Thank you. Any other remarks? _
Vote of the Town Board: Ayes: Councilman Murphy, Supervisor Pell.
Abstain: Justice Edwards. Noes: Councilman Townsend, Councilman
Murdock.
This resolution was- declared LOST. _
SUPERVISOR PELL: The next resolution is ready to be offered?-
Councilman Townsend. -
COUNCILMAN TOWNSEND: I ' d like- to make a few comments also. Frank' s -
point about the water is well taken. We have a water problem and
I 'm in one hundred percent accord we should set up a water management
program. I 'm not in one hundred percent accord, obviously, that we
should -have a town-wide moratorium. Until fairly recen y. was no
471 FEBRUARY 15 , 1983
in favor of a moratorium because I felt that a moratorium was an
emergency act that was in response to dire circumstances. We had
had testimony from our Planning Board that there was not a wave of
development hitting Southold Town at the time that it was initially
discussed.We had comments from Lee Koppelman that he was not in
favor--who 's the Suffolk County head of the Planning Commission--he
was not in favor of moratoria in general. We had heard of the East
Hampton moratorium being defeated, although there is some questions
as to why that was defeated. So there is at least significant
testimony to the fact that a moratorium was not a totally desirable
thing. One of the things that concerns .me about moratoria is it is
an abrogation of your existing zoning. Someone that has owned property
and expects to be able to sell that property or subdivide that property
on a certain basis that was duly decided upon and acted upon by--I
mean cogitated upon and acted upon by the Town Board in 1971 , all of
a sudden has the rug pull out from under him, and there is a time and
place for that , but that ' s why I was opposed to a town-wide moratorium.
Recently we received a water study prepared by ERM-Northeast , which
indicated that not only do we have serious quality problems throughout
Southold Town, but we also have serious quantity problems in Orient .
In other words, the way of development and agricultural use there was
just about equal to the sustainable amount of water that existed
there caused me to do some further research and I looked into the
trends of development and I came up with some statistics that seemed
to show that we had a real problem in that area. Statistics being
that over half of the submissions for development were in that area,
over half , in an area that represented a little more than ten percent
of the area of the Town of Southold. That ' s why I came up with my
proposal, because I do feel that we have an emergency that exists
there. I think it ' s important to point out the water quality problems
we have have not been caused by residential development . They've
been caused by existing land use which is primarily farming. I think
that ' s why we have to take strong measures to protect our water system,
but we cannot assume that the moratorium will solve that problem.
That ' s why I 've proposed the following resolution for the Board' s
consideration and would like to- make a resolution to the. effect that
we submit a moratorium to the Southold Town Planning Board and to the
Suffolk County Planning Commission for their consideration and
recommendation. The moratorium would affect an area basically, for
those of you who haven't been reading it , an area east of Shipyard
Lane, going around the Pebble Beach development , to Orient Point .
The moratorium length would be for 180 days and would affect major
subdivisions.
25. Moved by Councilman Townsend, seconded- by Supervisor Pell , it was
RESOLVED that the Town Clerk of the Town of Southold be and she
hereby is authorized and directed to submit the following proposed
Local Law to the Southold Town Planning Board and Suffolk County
Planning Department for recommendations and comments:
Local Lai s to provide for a 1lor.itoriun-,
_kpplications for Subdivision flat Approval
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 by
adding a new Article thereto, to be Article XVI, to read as foll';ws:
ARTICLE XVI
MORATORIUM
5100-160 Findings
1. In response-to threats of groundwater quality-and increasing demands
for -potable drinking water in the- North.Fork of Eastern Long Island, _the
Suffolk County Department of health Services retained the serv..ces of ER, i-
Northeast to conduct a study of water supply options for the North Fork. On
December 16, 1982, ER1!'I prepared a draft report entitled "North Fork
FEBRUARY 15 , 1983 472
Water Supply, Executive Summary'and,;Recommendations", wherein it
made the following findings:
(a) That the total available groundwater supply is limited.
(b) That in the Town of Southold, a very delicate balance exists between
fresh water lenses, salt water intrusion, chemical contamination
and water requirements.
(c) That over-pumpage or improper well location causes lateral and
vertical saltwater intrusion.
(d) That because the acquifers are shallow, they are extremely
susceptible to chemical contamination and have a limited dilution
or assimilative capacity.
(e) That although fresh groundwater is available to satisfy the needs of
the overall North Fork area, critical water supply conditions exist
in Zone 5 (Orient).
(f) That in the Orient water supply zone, the projected water consumptive
use by the year 2000 -may_ exceed the permissive sustained yield in
such zone.
(g) That the above conditions require that groundwater resources be
properly managed and protected in order to provide the necessary
water supply requirements.
affecting substantial acreage,
number of applications filed with the Planning Board for major subdivisif)n
plat approval involving land in the East Marion and Orient areas of the town,
areas in which the groundwater supply is extremely limited.
3. That the Town of Southold has retained the firm of Raymond, Parish,
Pine & Weiner, Inc. to conduct such studies as it deems necessary to
update the town's 1967 Master Plan to provide for the future development
of the town.
4. That such firm is presently in the process of collecting data,
including the review of existing. water studies to determine the town's
development capacity based upon the available supply of potable water.
5. That the town board believes that, based upon the findings and
recommendations of the said ERM report, that the planning firm may
recommend that the existing zoning code and zoning map be amended to .
473 FEBRUARY 15 , 1983
increase the size of lots in the East Alarion and Orient areas of the town.
in order to prevent a shortage of potable water in such areas.
6. That the town board is concerned that the present land use
regulations in the East Marion and Orient areas may be inconsistant
Nvith the land use and lot size regulations which may be recommended
by said planning firm.
\100-161 Purpose
It is therefor the purpose of this Article to impose. a moratorium on
the filing of new applications for major subdivision plat approval in the
East Marion and Orient areas of the town-to allow the planning firm and
town officials a reasonable period of time to study, prepare and adopt
reasonable measures to preserve and protect the limited water resources
of the town in such areas, and to prevent a race of diligence of land owners
to develop land under the existing zoning regulations during the town's
consideration of such measures, which may result in the establishment
of land development which ;would be inconsistent with such measures and
dofeat their intent and purpose.
§100-162 Subdivision Plat .lppncations.
Notwithstanding the provisions of Article 16 of the Town Law, and the
provisions of Article A106 of the Southold Town Code, during th,, period
of time that this Article shall be in effect, the Southold Town Planning
Board shall not accept or take any action on any application for the
approval of any major subdivision plat, which has not received sketch
plan approval on or before February 15, 1983, where the land proposed to
be subdivided is located in that area of the town described in Section
100-163 of this Article.
5100-163 Area Affected By This Article
The provisions-of this Article shall affect only those areas on the
mainland of the Town of Southold located in the hamlets of East :Marion
and Orient, and located east of the following described line, to wit:
Beginning at the ordinary high water mark of Orient Harbor at the
southerly terminus of the easterly line of Shipyard Lane, and running
thence northerly along said easterly line of Shipyard Lane and across the
Main Road (N. Y. Route 25) to the northerly line of the Alain Road (N. Y.
FEBRUARY 15 , 1983 474
Route 9-5); running thence easterly along the northerly line of the Alain
Road (N. Y. Route 25) 715 feet, more or less, to the division line between
the land now or formerly of Pebble Beach Realty, Inc. and the land now or
formerly of Andre K. Birten; running thence along said division line
northerly and then easterly and then again northerly about 5, 800 feet to
the ordinary high water mark of Long Island Sound.
§100-164 Relief From The Provisions Of This Article.
Where the town board finds that practical difficulties or unnecessary
hardship may result from the strict application of the provisions of this
Article, it may, upon application to it, vary or modify the provisions of
this Article so that the spirit and intent of this Article shall be observed,
public health and welfare secured, and substantial justice dons:. Upon the
receipt of an application for relief.from the provisions of this =Article, the
to_in board shall fix a time for a public hearing on the application, and
shall give notice thereof by publication in the ofticiai newspaper of the to%-m
at least ten days before such hearing.
§100-165 Duration Of 1foratorium.
The provisions of this Article shall be and remain in full force and
effect for a period of size hundred -eighty (1S0) -days -from and after the
effective date of this Article.
§100-166 Prior Approvals.
Nothing contained herein shall be deemed to abrogate or annul any
prior approval granted and in effect as of the effective date of this Article.
5100-167 Supersession.
This Article shall supersede, in its application to the Town of
Southold, Sections 276 and 277 of the Tolvn Law.
§100- 168 Effective Date.
This Local Law shall take effect upon the date of its filing in the
Office of the Secretary of State.
SUPERVISOR PELL: Discussion? Larry Murdock.
COUNCILMAN MURDOCK: I don ' t really feel that the situation would
be properly addressed by a moratorium. I think .the amount of time
involved in- the process of getting a moratorium--the same amount of
time could be used to develop the information necessary to put forth
a zoning change. I believe that zoning is the way to handle the
Town' s problems. I do believe that some action in an area that is
critical, and I do be that the most critical area in the Town
of Southold is the Orient-East Marion area. For whatever reason
the respective property owners and respective purchasers have chosen
that area-to target in on, I do agree -that the pressure for develop
475 FEBRUARY 15 , 1983
ment there is more intense than all the rest of the Town combined.
I would prefer that we were doing this same process for a complete
zoning change, but again as I say some action is better than no
action and I would go along with. this resolution.
SUPERVISOR PELL: Any other comments? Councilman Murphy.
,COUNCILMAN MURPHY: I would like to make a comment and to the members
of the Town Board, really, to remind them that this is not a vote on
a moratorium. All it is is a vote to send this to the Suffolk County
Planning Board and Southold Town Planning Board and then to have a
public hearing where the people of this Town -then would be able to
come out and know exactly what we ' re discussing, make their comments
on it , and I do think as an elected official we should listen to the
wishes and the desires- of the people. I feel I have a little more
experience probably than most of the Town Board members being that I -
attended so many of the water studies and I know there is a problem
and I think the longer we -wait the more -we' re going to . be in trouble.
I would vote for this. so at least this much goes, so that at least we
could then have a public hearing where people can be' heard. Thank
you, Bill.
SUPERVISOR PELL: Any other comments? Councilman Murdock.
COUNCILMAN MURDOCK: I agree that I know that this is merely to
start a procedure for a public hearing and I do feel that the
same procedure could be done for zoning, but since we' re not
talking about zoning, we will talk about the moratorium and
full knowingly that this will be subject to a public hearing
and then further action. But it is a step forward and it should
be taken.
SUPERVISOR PELL: Town Attorney Tasker wishes to comment .
TOWN ATTORNEY TASKER: I only have one comment . I would presume
that when you' re going to start this Local Law on its way, that
it ought to be complete so that you don ' t have to come back and _
start all over again. The Local Law which was presented at the
work session called for 90 days. Mr. Townsend says now that it ' s
180 days. Also in Section 100-162 there is a blank as to a date
beyond which sketch plans cannot be filed. That ' s a blank and I
think it ought to be included so that your Local Law is complete.
COUNCILMAN TOWNSEND: Put down today' s date on that .
TOWN ATTORNEY TASKER: So that the Local Law has today ' s date in
that section and 180 days, so that everybody knows what they ' re
voting on.
SUPERVISOR PELL: Joe, do you have all the changes we discussed?
COUNCILMAN TOWNSEND: Basically, what you have is right and what
Judy has is right . I just made one word change, which is instead
of "will" I put "may" on (f) on the first page and I changed the
date, which we discussed on Friday. The only thing that was not
discussed was the inception date, and I thought this would be
an appropriate day since we were discussing it today.
SUPERVISOR PELL: Any other comments by the Councilmen on this
resolution by Joe? Town Clerk call the roll, please.
Vote of- the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell .
This resolution was declared duly ADOPTED-. -
SUPERVISOR PELL: This is Girl Scout Week and we have the honor--
the Town Board has--of presenting to the Girl Scouts a resolution.
I 'm going to ask all the Girl .Scouts in the- room to- come up. and
stand behind me and I -will read it to them.
Moved by Supervisor Pell , seconded by Councilman Murdock,
WHEREAS, Girl Scouting has exemplified and enhanced those qualities
of womanhood most admired and encouraged many young women to choose
careers which help improve family and community, and
FEBRUARY 15 , 1983 476
WHEREAS, the Girl Scouts of America have fostered the growth of
character, self-reliance, integrity, development of talent , and
love of God and Country, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold proclaim the
week of March 6 , 1983 as American Girl Scout Week.
,Vote of the Town Board: Ayes : Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: May I ask one girl to tell us the names of the
girls who are here so it will be in the minutes for the record?
MRS. CAROL BAUMANN, North Fork Coordinator: Brownies : Heather Herreros ,
Megan Sullivan, Amanda Abate, Amy Boergesson. Junior: Heidi Herreros .
Cadettes: Jennifer Bauman and Sandy Berry.
SUPERVISOR PELL: And the leader' s names are?
MRS. BAUMANN: Betty Ann Herreros, Carol Bauman, Eileen Abate.
SUPERVISOR PELL: Thank you very much. It ' s a pleasure of the Board
to do things like this with the Girl Scouts, Boy Scouts. A lot of
times we have Scouts who have to earn a badge. I 'm thinking right
now of a young Scout who' s going for his Eagle Badge. He wants to
come in and address the Town Board probably at the next Town. Boar d
meeting about a project he would like to do in the Town on the Town
land. It ' s nice when the youths come and see the way we operate and
how your Town government is run. It gives us a chance to look at---
one of these girls here has more things on her back. Stand up,
please. These are all merit badges she has earned. Look at her
back, turn around so everybody can see you. (Jennifer Baumann) .
Jennifer, you' re doing a good job. All of you girls are. Thank
you very much girls.
At this time I would like to ask anybody who wishes to address
the Town Board now is the time. Mrs. Gladys Csajko.
MRS. GLADYS CSAJKO, North Fork Animal Welfare League, Inc. : I 'm
the Treasurer of the North Fork Animal Welfare League and Director
of the Southold Town Shelter. I know you gentlemen have been going
all day-, but I 'm sure Bill, you remember years ago when we were down
at the Town Board meetings we kept going on longer than this. I ' ll
try to make it as brief as possible. I do have a statement to make
on behalf of the Animal League that I want on the record in a public
meeting.
SUPERVISOR PELL: You have both. This is a- public meeting and it
will be on the record.-
MRS. CSAJKO: Thank you. In 1980, just for the people who might not
know, the Animal League contract with Southold Town for $28,700. 00
to run their shelter. We did this because we believed dog control
could be done in a humanitarian way. The reason it -was so -cheap
is because we had CETA workers. The CETA workers program was phased
out within six months which didn ' t leave us anywhere, we had to start
hiring people. But we were very lucky, we had Maria Tejo who was
working seven days a week, ten hours a day, and her two daughters,
and I pitched in -and we .managed to -muddle through. The--building -was
a .wreck when we came in as all of you well know. It had six runs.
We've been repairing the runs and renovating- it every since, includ-
ing adding seven new runs. During the time we have been running the
shelter we have handled 784 dogs. Of those we have adopted out 271,
we've redeemed or returned to their owners 232 and the other 281
basically are public service--these are hospital runs--dogs that get
hit by cars and things like that. We help the owners out . We have
a -better record than when the Town was running it . The Town figures
included doa' s, the Town was taking owned dogs which we refused to do
and there were many many litters, entire litters turned over to them.
We completely reversed the ratio of dogs being killed and dogs being
adopted. When the Town was -running it basically they had four or five
dogs in residence, we average 30. In 1982 we received $34, 305. 00 from
the Town. Now our shelter has to be staffed seven days a week and the
staff must be paid. There has been a lot of questions about it , I want
to say. Last year we paid out $19, 446. 00 in wages. Our kennel and
vet costs were $12, 520. 00. Anybody adding up can see we already hit
a total of $32, 000. 00 out of that $34, 000. 00 on these two items. Our
total cost last year was $46, 422. 00. In other words the North Fork
Animal We-lfare League subsidized the Town by $12,117. 00.. Why? We
477 FEBRUARY 15 , 1983
believed our hard work and excellent results were being noted and
appreciated. We were breaking new ground, a humane society running
what was a dog pound. I think we are--I 'm almost positive we are
the only humane society running one on Long Island and possibily in
the State. We've been commended twice on our operations by New York
State. The head supervisor of the field unit , the women and men that
go around checking out the towns and shelters and see how they ' re
running, has offered to endorse us any time we need any kind of back-
ing. That ' s how impressed she was with us. We've been giving good
and compassionate service. The animals on top of that we 've been
keeping on top of the renewals as Judy knows. We 've been licensing
unlicensed dogs and we've instituted a new type of ticketing rather
than relying on civil summons we've been doing ticketing. We 're
all very happy. We were all getting along fine with the Town Board
and everybody else and then the roof caved in and our bubble burst.
Prior to the time we took over the Town charged Greenport for all
and every cost. Our contracts with the Town, at least as far as we
knew, it was explicitly understood, to cover Southold Town only.
After two and a half years we've been ordered to enforce a non-
existent leash law in Greenport through the provisions of the New
York State Licensing Law. This was at the insistence of Mayor
Hubbard and a handful of chamber of commerce members. We feel this
procedure is unfair to Greenporters. It ' s unequal treatment under
the law. It ' s unfair to the League because we have inadequate
facilities and we don' t have that kind of money. And it ' s unfair
to Southolders because the time and energy spent in Greenport , most
of it should have been--under the contract--spent in Southold and
it ' s also unfair because it is a distinct possibility that Southold
dogs are going to get killed to make room for Greenport dogs. There
is no question Greenport has a dog problem. We all know that . We've-
been checking it out , believe me. Surprisingly most of the dogs in
Greenport are licensed, and if you have a licensed dog you can ' t do
anything about it . Greenport ' s problem. is not licensing, Greenport ' s
problem is the leash law. Now, I want to point out that picking up
a dog on private property can become a tricky thing. We 've been
warned by the State and other things that any lawyer will -back me,
a dog is considered the same as a television set , radio, car, you
don ' t go on somebody ' s property and pick this up. You can get in
a lot of trouble with it . So this is very tricky doing it the way
we have been requested to do it. Now, it ' s easy to say pick up every
dog, but you fellows don ' t have to worry about where you're going to
put that dog. It ' s not going to cost you anything, it ' s costing us.
Let the League worry about it . I can see Mayor Hubbard running around
and joyfully, gleefully he ' s gotten this problem off his back, let
the League worry about it, let us have the emotional upheaval. You
say kill off the dogs to make room for others, sure, you hold seven
days and then zip. But who is to decide, we have to decide. We
believe Greenport can only be controlled by a leash law. Our time
and effort is better getting a few unlicensed dogs licensed. Picking
up those costs money. What we've been trying to say to you is, let
us work at licensing them because you' re going to make money on
licensing, you' re going to make money on ticketing them. We believe
Greenport should take care of its own problems, which is the lack of
a leash law. I brought a couple of friends .to introduce to you.
This is a Greenport dog. I call her Blue. The fellows down at the
Pound call her Gladys. Gladys had a sister. We got a phone call
from Greenport there was an injured dog: We came down and Gladys '
sister had her -leg torn off , but the cops would not- be bothered
picking it up. We had to run down in a private car to get that dog.
And you know what was said to us? Oh, you're picking up dogs in
Cadillacs these days. I 'm sorry, that was Joan ' s car." It was-Joan -
. who went and wrapped that dog up in a blanket . These are the sort
of thing we have. You want to kill this pup? How about these?
These were born in the shelter, they ' re seven weeks old. We 've got
seven more of them fellows--somebody adopt some of our puppies-.,
please. This is little old Liccorice, that ' s a Southold dog. So
you have a Southold dog, you've got a Greenport dog and you've got -
a pair- of shelter dogs. These are our babies... We live with them
every day. Don' t ask us to say, "You go. " -I _will close by saying
this: We believe we've served -Southold well. We 've put our money
and our hearts into it and unless some- agreement can be reached,
the future is sort of bleak for us in the shelter. We 've been told
to use the final solution. ` .We cannot . We are not -children, we
have put dogs to sleep that weren ' t. adoptable. We ' d be betraying
everything we believe in just to keep Mayor Hubbard and the chamber
of commerce happy. I 'm sorry that we had to bring this up publicly_,
_ we -were- getting to the end of- our _rope. Please, we request that you
- rethink_ your position in this matter. Tha-nk._ you: - - _ -
FEBRUARY 15 , 1983 478
DOROTHY FAIRCHILD MULLANEY: I 'm very proud of Southold for having
this lady, Gladys, run this pound. I 've watched her every year since
I 've lived in Southold. I was a member of the board when I was well--
I mean the Animal -League Board. I 've never seen any devotion -such as
as the women in this league have. I regret that I 'm not able any more
to work with them, but to put animals to sleep that are healthy is a
disgrace. I also worked, when I was well , in the Opportunity Shop in.
Greenport . I am well aware of the problems of dogs there. You know
where the Opportunity Shop is, you know that little square -or whatever
they call it . I used to go with bags of bones for the poor dogs that
were standing outside there. Their -owners didn ' t care- where they were,
let somebody else feed them, let somebody else take care of them. To
have our animals from our own Town crowded in--that place -isn 't big-
enough. You wouldn ' t want a whole family to be put into your house
would you, that you didn' t know? You wouldn ' t would you? If I came
and said I want to go and live in your because I like it better than
mine you wouldn' t like it. If you came to my house and said I don ' t
like Greenport , I want to live in your house, I wouldn ' t like it .
It ' s the same with our animals. We want our animals taken care of .
We are very sorry for Greenport , but let them spend a little money
and take care of their own animals and I never want to hear that
any animal in our pound or shelter, which I prefer to call it , is
killed, a healthy animal, never. My dog came from a pound and she ' s
the most precious thing in my life. If you are a lover of animals
they must be precious to you too. So don ' t you do anything, Mr. Pell,
to our animals or our pound.
SUPERVISOR PELL: You' re my friend. By what you said, I control the
Town of Southold, I don ' t need the Town Board. Whatever is done will
be done at the direction of the Town Board and the Town Board will
review it .
MRS. MULLANEY: I ' ll put a hex on all of them if they don ' t agree
with me.
SUPERVISOR PELL: Anybody else wish to address the Town Board?
MR. STEWART HARVEY: Would it be possible, is it within the Town ' s--
could the Town raise the license say for a dollar, every year? I have
a dog and I don't think that would break me, and it probably would
help bail the shelter out. Is that within the Town ' s power?
TOWN CLERK TERRY: The Town receives $2. 50 local fee now on top of
the State ' s fee.
MR. HARVEY: Yes, it comes to $5. 00, so you' d be paying $6. 00, instead
$5. 00.
SUPERVISOR PELL: It ' s a consideration the Board will take under
advisement . Mrs. Wacker.
MRS. RONNIE WACKER, Cutchogue: I just wanted to say one thing. I 'm
disappointed that you didn ' t vote on a town-wide moratorium and I
think, Larry, you should not have been surprised at the moratorium
resolution that Frank Murphy offered because we 've been talking
moratorium since last June and Mr. Pell had offered what is exactly
the same moratorium in December, wasn ' t it? So you could have made
a split-second decision, you know?
COUNCILMAN MURDOCK: I believe Mr. Murphy said that he made changes
in Mr. Pell ' s proposed Local Law and I reiterate that he gave it to
us at two minutes before three when this room was filling up and we
had to come into public session. I haven ' t had a chance to read it
to see whether it is the same or not the same, Mrs. Wacker, and I 'm
sure you would not want to take a public position on something that
was handed to you while -you were stepping up to make a decision. I
don ' t think that is prudent , I don ' t think that is what I was elected
for, was to take a piece of paper, not even consider it , and cast a
vote. Because the vote I cast affects people on both sides of an
issue and I- do not hope to ever be put in the position where, give
me a piece of paper, don'-t- read it and now vote for it . I don ' t
think that ' s the right way for- any public official to act and I will
not act in that way. If anybody wants to give me a piece of paper
at least a half an hour before so I can at least sit down and read
it and digest it , I may consider that if that is sufficient time, but
in each individual issue I do reserve the right to satisfy myself as
' f
478 FEBRUARY 15 , 1983
to the language of what I am going to vote on and I think that is my
right as an individual, let alone the right that you should have of
any public official that ' s voting for you.
MRS. WACKER: �'ihat I heard was that this was a resolution for a town-
wide moratorium and there' s a large sentiment for a town-wide moratorium.
If there were a substantial difference, of course I would agree.
COUNCILMANIURDOCK: I don ' t know, I didn ' t have a chance to even
look at it .
MRS. WACKER: I would like to say just one other thing, and that is,
I would like to say thank you to Ray Dean for the very efficient
manner in which our streets were cleaned. We got out in the morning
after the snowfall during the night and we thought we were going to
have to mush all the way down to Key Food and there the roads were
wide open. The best place around that I 've seen. Thank you.
SUPERVISOR PELL: May I comment on Mr. Dean? It was commented today
before you came, Ray, you arrived late today. The Town Board did
discuss how thorough a job you and your men have done during the
storm where people who have come from the west out here, have come
into Town Hall yesterday or communicated with other councilmen and
all of them said once they hit Southold Town the back roads were just
as good as the main roads up in the west end of the county or Long
Island. You and your crew are to be congratulated, you've done a
fine job.
DR. JOELLA VREELAND, Mattituck: I 'm a member of the North Fork
Animal Welfare League and I think it ' s very appropriate that we are
talking about moratoriums today because obviously what the League
is trying to accomplish, to declare a particular kind of. moratorum
on putting animals at Southold to sleep. It appears to me that there
is a problem of funding here. We are evidentially facing a resolution
to expand the scope and radius of the shelter operation without adequate
funding which certainly puts the animals of Southold at risk, indeed
at the risk of their very lives and we would have to register a very
strong protest on behalf of the welfare of the animals if that is
truly the case.
SUPERVISOR PELL: Thank you. Councilman Murdock.
COUNCILMAN MURDOCK: I would like to respond about the position that
we ' re in. I will speak for myself , but I 'm sure most of what I say
is probably a reflection on the attitude and the opinion of most of
the members of the Board. When this contract was first entered into
with the Animal 11elfare League, it was entered into with the hope and
belief that there was a better way to run the dog pound, change the
dog pound from a dog pound to an animal shelter. It certainly was
my hope and my belief that this was what was going to be done. We
on the Town Board have negotiated a contract . I would sincerely
hope that the contract was negotiated in a manner that reflects
the Town ' s responsibility. I would suggest that if the League
sincerely felt that this were not so that they would come to the
Town Board and see if we could not re-negotiate. However, from
what I perceive to be the problem today, or what Gladys and her
friends are specifically upset with, also has been a matter of
upsetment to most of the Town Board. We on this Board met with
Mayor Hubbard and Village officials, we met with Mrs. Csajko and
her people, we have gone over this thing as diligently as we can
and believe that we have instructed Mrs. Csajko to enforce that
part of the lay: that the Town of Southold is obligated to enforce.
We also did that as a measure of showing .the Village officials of
Greenport that .e did fully intend to keep up our share of the
burden of takin; care of these dogs. Unfortunately the Town of
Southold, as oifici'als,_ cannot impose any type of action on the
Village officials of Greenport . They are an enti-ty - unto thems-
selves and they: must act in their own conscience and in their own
time. I would like- to see the situation resolved. I would like to
see the Village of Greenport come forth and enter into negotiations
with Gladys and her people so that additional moneys are put in for
the additional expense and hopefully we can ameliorate a situation,
but I don ' t honestly feel that . at any point .in any of the negotiations
Gladys or her people should have the feeling that anybody on this
Town Board has ever had anything but praise for the manner in which
the shelter is run. We have had criticism .in the manner in which
t-he law etas- interpreted. I think Gladys agrees that that interpretation
FEBRUARY 15 , 1983 479
was correct and that all we have dome is try to enforce that which we
must . I can' t think of a better solution for a horrible problem that
existed in 1979, than that which we have been enjoying for three years
and I certainly would like to see it continue and hopefully through
the power of the press , through the power of the people in this room,
some message will get to_ Greenport , they will hopefully come up with
some more money. If that time comes I for one would listen to new
contract talk, because we must solve the problem that is there.
Thank you.
SUPERVISOR PELL: Anybody else wish to address the Board?
MR. STEWART HARVEY: I think we miss a lot . What I feel you councilmen,
you' re all elected by us. The moratorium was proposed by us and I
think you have an obligation to listen to the people. I think there
was quite a few number, I don ' t know ( 3300 signatures) and we 're the
people that elected you and I think that we ' re not trying to hurt
anybody, we just want to stall until the plan comes through. I think
everybody overlooks that.
SUPERVISOR PELL: Thank you, Mr. Harvey. Mr. Frank Bear.
MR. FRANK BEAR, Southold: Last Friday, as you know, of course, there
was a work session which went on for about two and a- half hours here,
during which time there was a great deal of discussion about all aspects
of what should be done, what could be done and why things should be-
done in regard to a moratorium and the updating of the town plan.
At that time there was some discussion, although it was buried pretty
much under the discussion of the Townsend proposal and an idea
that Larry Murdock had for rezoning Orient that went on for quite
a while, but Councilman Murphy did raise the question at that time
that there should be a town-wide moratorium. This afternoon during
a discussion at which Stuart Turner of Raymond, Parish, Pine and
Weiner spoke with the Board and discussed with them the problems
of preparing for recommendations to be made to the Town Planning
Board, not to the Town Board, for a change in the Town Plan. He
was pressed pretty hard to come up with a statement that they could
make a recommendation for the Orient area only, but he did say, under
all this pressure, that looking at undeveloped areas and soil con-
ditions and all the other things that have to be looked at , that if
they tried to focus on one issue and one zone only, that the process
would become disorderly. That was his word, disorderly. Along about
2: 30 or there abouts, I didn't look at the clock, it wasn' t two minutes
to three, Frank Murphy, after some discussion by both him and Super-
visor Pell, did pass out this proposed resolution of his, the proposed
Town Law he was suggesting. I got a copy of it after that . I didn't
have any trouble reading it , and the differences between what was
proposed in the Pell resolution--proposed resolution last December
21st--and what ' s in this proposal of Frank Murphy' s is very little
and would be very easy to discover if one wanted to do it . I. think
it unfortunate that as much time has passed as has passed since last
June until here we are in February before we could even get a small
token of a moratorum started on a process that is probably going to
take two months and has put us past the period of the first phased
of the updating of the Town Plan. What we hoped to do when we
introduced our proposal for a moratorium last June with 3242 signatures
of people who live in this Town and are concerned with this Town, mostly
voters in this Town, those 3242 voters have been largely ignored. Now
I think that it ' s unfortunate we've had to wait this long and I 'm glad
that finally something has been done indicating there is some need for
some kind of a moratorium. When Mr. Pell introduced his resolution
last December and when the matter of a moratorium came up in January,
his proposal never was mentioned once. The substitute resolution by
Joe Townsend was the only thing that was ever talked about at any time
until last Friday. I think it ' s time to realize that the efforts of
this Town Board to avoid doing anything long enough so that nothing
is going to be beneficial as a result of the action is disgr4ceful ,
and I would like to say that it ' s time that we moved now forward just
as quickly as possible, and -I would hope that the resolution proposed
by Frank Murphy today, seconded by Bill Pell-, will be reconsidered
again as this Town Board -will now have plenty of time, three weeks ,
in which to read this proposal-, and in three weeks I would - think and
I would hope that the reasons for it , do something while we ' re finding
out what the answer should be and not wait until we know the answers
and then do something.- I think it ' s time we act and act as quickly
as possible on a town-wide moratorium and avoid any delays or excuses
for not doing so. Thank you. _
490 FEBRUARY 15 , 1983
COUNCILMAN TOWNSEND: I 'm not sure that I attended the same meeting
where we were discussing the proposed Master Plan revision.- I didn ' t
hear any indication from the Master Planner that he was in favor of
a town-wide moratorium, nor dial I hear---when he said the process was
disorderly he was talking--responding directly to when Larry made the
recommendation that we would zone one section first and he followed-,
up by saying you have to consider roads out of the Town and so
forth--what I was asking for was how long it would take him to
complete his total body of work and present it to the Planning
Board. Once we get it to the Planning Board then we formulate
a plan for the Town and meanwhile we have frozen this area. I 'm
not precluding a town-wide moratorium when we have a specific plan .
I don ' t think any member of the Town Board has precluded a moratorium
under that circumstance--when we know exactly what we are going to do,
. but the process would be disorderly wasn ' t in reference to my moratorium
proposal, it was quite a bit after that . He was talking about the
possibility of them formulating specific recommendations for one area
and then working on that for a specific zoning in that one area.
That is the only correction I would like to make. .
SUPERVISOR PELF: Anybody else wish to address the Town Board? (No
response. )
The Town Board offered the following resolution on the death of Robert
W. Gillispie, Jr. and then stood for a minute of silence.
Moved by Councilman Murdock, seconded by Supervisor Pell,-
WHEREAS, this Board has learned with deep sorrow of the death of
Robert W. Gillispie, Jr. , and
WHEREAS, in his service to the people of the Town of Southold as
a member of the Southold Town Planning Commission from May 1, 1955
through April 19, 1957 and Chairman and Member of the Southold Town
Board of Appeals from April 19, 1957 through June 30, 1979, "Mr.
Gillispie distinguished himself as a dedicated and conscientious
public servant , and
WHEREAS, the Town Board of the Town of Southold wishes to give.
formal expression of its loss in the death of Robert W. Gillispie,
Jr. , a man esteemed by his associates and respected by all , now,
therefore, be it
RESOLVED that when the Town Board adjourns this day, it does so out
of respect to the memory of Robert W. Gillispie, Jr. , and be it further
RESOLVED that a copy of this resolution be spread upon the minutes of
this Town Board meeting, and a copy be transmitted to the family of
Robert W. Gillispie, Jr. that we may extend to them our sincere
sympathy.
Vote of- the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor Pell.
This resolution was declared duly ADOPTED. _
Moved by Councilman Townsend, seconded by Councilman Murdock, it was
RESOLVED that this Town Board meeting be adjourned at 4 : 50 P.M.
Vote of the Town' Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor- Pell.
This resolution was declared duly ADOPTED.
EXECUTIVE SESSION
5: 00 P.M. - The Board discussed the negotiations on the lease of
land for the scavenger waste facility.
Discussed the possibility of leasing four acres of the newly
purchased land adjoining the landfill for farming. The proposal
was rejected.
Personnel problems were discussed.
Executive Session adjourned at 5: 45 P.M.
/�
Judith T.. 'Terry
Southold Town Clerk