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HomeMy WebLinkAboutTB-06/22/1982 165 SOUTHOLD TOWN BOARD JUNE 22, 1982 WORK SESSION 8 : 00 A.M. - Receiver of Taxes George Mellas met with the Board to discuss the contract with Pitnev Bowes for supplying the Town with a new postage meter machine. It was dicovered that the figures quoted to the Town Board by the Pitney Bowes salesman for the 1981 costs and the 1982 costs for a new machine were greatly out of line. For the Town to keep the new- machine a transfer would have to be made into that item. The Board instructed Supervisor Pell to contact Pitney Bowes and request . them to meet the contract price quoted by the salesman, or a resolution will be placed on the July 7th agenda to cancel the contract. Mr. Mellas discussed the proposed move o'f h 's' office into the Town Clerk ' s Office. He said that presently his office is working with 6 ledgers and under the ALRM system 16 ledgers will soon be needed, which will decrease his working space where in his present quarters which are much larger than the Town Clerk' s, Office, Further, Mr. Mellas cited the congestion which will be caused by the proposed location when court is in session, or a Town Board meeting is being held. Councilman Murdock asked Assessor Chairman Henry Moisa to address the Board on his point of view concerning the move. Mr . Moisa said that Receiver 's Office and the Assessor ' s Office work very closely together and are more closely related than that of the Building Depart- ment, who were to move to the Tax Receiver ' s Office.. Councilman Murdock expressed the opinion that he still feels the Town Hall should be added on to. The proposed move will be discussed further later in the day. EXECUTIVE SESSION 8: 30 A, bi. - The . acquisition of office equipment from the North Fork Bank by Receiver of Taxes Mellas was discussed by the Board and Mr . Mellas. WORK SESSION 8 : 35 A.M. - The Board began reviewing the agenda. 10: 40 A.M. - A recess was called at this time and the Town Board went to the Recreation Center , Peconic Lane, for the purpose of attending the Senior Citizen Clubs sports award presentations. 1: 55 P. M. - Vork Session reconvened. James McMahon, Youth Coordinator, spoke to the Board about the Drug Abuse Prevention Council Grant . Mr. Jim Christie submitted vouchers for payment under this grant to the County. The vouchers were lost and payment must be made under this grant before' June 30th. Mr. McMahon asked that the Town- : pay Mr. Christie to avoid losing the funds , and the County will reimburse the Town. Mr . McMahon was asked to call the County for further details and meet. with the Board later in the afternoon. 2: 10 P. M. - Mr . Nicholas Schick, owner of the Orient Point Inn and adjoining property, Myles Weintraub and George Buchanan, Architects, and Russ Bodwell, Engineer met with the Board to discuss an extension of time from July 15th for the renovation or removal of the Orient Point Inn which was the subject of an unsafe building hearing in January. In January Mr. Schick was asked -to return to the Board with a progress report,, after having erected a fence around the Inn and adding temporary supports to the ;building. Since that time 'tr.. Schick has received a complete survey of the building, an extensive water testing program was conducted and an 'economic feasibility studv 166 JUNE 22, 1982 nas been completed to determine if it is possible to develop and restore the Inn. They propose to move the Inn from the present location to a site further out toward the Point and make it convention center and restaurant , and the heart of a condominium development : The architects and engineer made an extensive presentation to the Board concerning their proposal ,. which will take considerable time to accomplish, as numerous applications to various Town agencies will be necessary. --The Board agreed to place a resolution on the agenda granting an extension of time to January 15, 1983 to allow �Lr .. Schick to return to the Board with a progress report on the renovation of the Inn, provided he clears and maintains the grounds at the site and erects a suitable sign depicting the proposed plan for the property. (See Resolution No. 3. ) 3: 00 P.M. - This Work Session recessed at this time, to reconvene following the 3: 00 P. M. Regular Meeting. A Regular'Meeting of the Southold Town Board was held at 3: 00 P. .M. , Tuesday, June 22, 1982 at the Southold Town Nall , Main Road, . Southold, New York. Supervisor Pel-l -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 Town`'Clerk Judith T. Terry . Town Attorney Robert W. Tasker `Highway Superintendent' Raymond C.- Dean Moved by Councilman Nickles, seconded by Councilman Murdock; . i_t was RESOLVED that the minutes of the June 8, 1982 meeting of-t_he `S u'L Town Board be and hereby are 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 Councilman Townsend, it was RESOLVED that the-' next Regular Meeting of the Southold Town Board will be held- at. 7: 30 P. M.- , Wednesday, July 7, 1982. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy , Councii14ni- r4urdo6k, 'Councilman Nickles, Supervisor Pell. .­ This This resolution was declared duly ADOPTED. " :. . I . REPORTS SUPERVISOR PELL: These reports are placed on file with the Town Clerk. Anybody wishing to review them may do so at the Town Clerk' s Office. 1. Justice Tedeschi ' s monthly report - May, 1982: - 2. Long Island Cablevision monthly report - May, 1982. 3. Councilmen.'-s reports, Councilman Townsend anything to report? COUNCILMAN TOWNSEND: Well, we had a Zoning and Planning Committee meeting and I ' ll let Larry who is the head of that discuss it in . greater detail. I inspected the Dog Pound and that was duly reported in the press. I also took the opportunity to look through the Police Department Headquarters in Peconic. As a member of the Police -Committee I hadn' t had a chance to look through tat . It was very interesting, very modern. I f elt just like Sergeant Joe Friday. SUPERVISOR PELL: (councilman Murdock? COUNCILMAN MURDOCK: On the Code Enforcement Committee meeting, we held ,that meeting Wednesday, June 16th. In attendance was Victor Lessard, our new Town Board liaison Administrative Assistant, George Fisher of the Building Department , Gerry Goehringer from the Zoning B'oa,rd .of Appeals, our: Town Attorney Robert Tasker, Councilman Joe- , Townsend, Councilman John Nickles and myself. We are continuing ,_.with the Town Attorney to put. together a bunch of changes that had been worked on 'last year and now the Zoning Board of Appeals is JUNE 22, 1982 167 completely satisfied with the changes and reflect their views. Very shortly we' ll be having publ` `c °hearings on the changes that will go into our Code. We also worked on them with the Building Department . We spent considerable! ltime •discussin.g C.ode , changes in reference to winery operations.. There are certain types of operations dealing with a winery that are. inherent with growing grapes and the Town feels that it is our responsibility to allow a certain level of pressing of grapes for making of wine, .but we also want to prohibit the import- ing of other grapes and other wines on a Town-wide basis. We feel it should go into an industrial area. We will attempt to draw up a Code that will satisfy-the -needs of individual grape growers and individual farmers and still maintain the integrity of our Town zoning. We also had a continuing discussion on two-family conversions and its merits relative to the Town of Southold and a discussion :on new fees and filing of building permits and that recommendation has just been given to the Town Board. You' ll see the fruits of this meeting probably in the next 30 to 60. days. SUPERVISOR PELL: Thank you. Anything else, Larry? COUNCILMAN MURDOCK: We had our committee with Cablevision which you' ll address. Councilman Nickles. COUNCILMAN NICKLES: I ' ll just add one addendum to .what Councilman Murdock' s report. What you willi,be seeing :in the next 30 to, 60 days has not been .the fruit of one meeting but numerous meetings over the course of probably two and a half to three years. On the beaches I ' d like to report that ;our Commissioner' of . Public Works and his men have meetin- the sand from Goldsmith' s Inlet to Kenny' s Beach which has really eroded which you are all aware and it is completed, just the other day. The whole thing is all graded off so it will be usable and ready for the beach season. We had a meeting yesterday relative to the Dog Contract which I ' ll report at Executive Session'. SUPERVISOR PELL: Councilman Murphy? COUNCILMAN MURPHY: We saw the beaches today and they do look a .thousand percent better and we hope the sand stays there. It took an awful lot on the part of the County and Ray Dean' s Department to bring about . I' d like to report that the young seed clams are doing exceptionally .well. They' ve over doubled in size already and at the. rate they' re going they should be almost little neck size by the end of their growing season at the end of the summer. SUPERVISOR PELL' As Supervisor we had a meeting with Cable T. V. from Albany this past week. Councilman Townsend, Councilman Murdock and myself was there. Later on in the meeting you;;;will see that we are notifying Time Mirror that owns Cable T. V. in our Township, from California, that we will be seeking outside people coming in to look over our system and perhaps put in a bid in when our contract is up. We feel at the Town Board we are getting too many complaints from people about the service. We are also requesting Albany to call Long Island Cablevision' and hold a public hearing with then 'in-'';' Albany to see why our system is so dilapidated and upgrade our system. --The Supervisors of the ten towns met the other day and we took the stand to oppose changing the county tax system to a four payment system: it means that all the Towns would have to open up and take on ,year around personnel instead of part-time personnel . The schools from the west end would like to see it go to a four payment plan instead of two like we have now. Nine of us where there and we all are opposed to it. COUNCILMAN MUIR,DOCK:' Bill, ' i' d -Just like to add a little something to your Cablevision. The people who have agendas will see that we have a letter. Part of our problem in Town--the woman is not complaining about the amount of .the subscription, but she does say for her subscription .money " I am promised reception over and above Connecticut Channels 3 and 8, of New York Channels 2 (12) , 4, 5, 7, 9, 11 and 13. --My daughter who lives in Manhattan gets something like 30 channels for about the same price I pay for seven. " That has been part of the complaints people in the Town had and our franchise with Long Island Cablevision has been in existence 16 years. By the time the next period is over I think it will be a total of 20 years. The equipment , the lines that were installed to each of our homes were installed 14 to 15 years ago and did not have the capability of handling more than the 7 channels and we here on the Town Board--those of us at the meeting--and after the 168 JUNE 22, 1982 discussion today I think the rest of the Board feels the same way, it has been apparent that the parent company has bled off the profits of running this franchise system and not modernizing and updating the cable so that when our franchise is over we will really be , in 'a position that if we' re going to be equal to todays market somebody is going to have to start over. `` That was; at least to my mind, the most distressing part of our conversations with the people from the state and the effect that those of us iiving here in the Town `-have been subjected io:`"- By the time our franchise is over we will in effect then be 14 to 15 years behind the engineering capabilities. That will be addressed. 'That ' s the purpose of addressing the letter, to tell the people in Long Island Cablevision that we are aware we 've been abused and would like that corrected. II . PUBLIC NOTICES COUNCILMAN MURDOCK: 1. Notice from the Department of Environmental Conservation saying that there will be a legislative hearing held at 2: 00 P. lI. and 7: 00 P. M. on June 28th 'in the New York State Office Building, Veterans Highway, Hauppauge' on the technical and . scientific data related to the use of trisodium nitrilotriacetate ("NTA" ).. Anybody who` s interested in participating is invited to that meeting. 2. Notice from the New York State Department of .Environmental Conservation about a public hearing on behalf' of Kathryn Robedee and Gerard Galiano to subdivide 63, 000 square foot parcel into two lots in Cutchogue. The hearing will be held here, Southold Town Hall, on July 8th at 10: 00 A . M. A copy of these notices are on the Town Clerk' s Bulletin Board. 3. Again the New York State Department of Environmental Conserva- tion on a public hearing on Tidal Wetlands- Application of Peterson Towing Corporation. The public hearing has been postponed indefinitely. Also a note that the Joseph Cavalier .Tidal:?Wetlands , Application hearing scheduled for June 24th will be held June 24th at 10: 00, A. M. at the Southold Town Hall. 4. Another notice from the New York State Department of Environmental .Conservation..on ,behalf. of Ronald A. Garsik :to, construct a one family dwelling on Eugene' s_ .Road, . Eugene' s Creek, East ,Cutchogue The response time .is July,_7, 1982:. ..._,This, public notice, .is :also 'on the Town Clerk' s .Bulletin Board. III . COIMUNICATIONS SUPERVISOR PELL: We have 15 communications. They are all on file in my office and the Office of the Town Clerk. 1. Letter from Judge Tedeschi requesting we upgrade his clerk- typist to become a Justice. Court Clerk which we will call for the list and so do. 2. Letter from Attorney Robert A. Kelly from Westhampton Beach in regards to LNC Transmix Corp. in regard to taking sand from our landfill over to ?Westhampton Beach, refine it and bring it back into Town in cement. Our Town Law says no sand shall be removed from our Township. We shall inform him that we realize his hardship--- ROBERT A. KELLY, ATTORNEY: The sand in this Town won ' t meet State specifications for concrete. I don' t mean to insult your Town land or anything else---- SUPERVISOR PELL: We didn' t realize you were here. We will go on with the agenda and after the meeting you can address the Board. 1NIR. KELLY: Thank you. - SUPERVISOR PELL;. We have three groups here that . I think wish t.o address the Board also, and. we. havefour hearings we have to hold. After this meeting is ended today I am not going to adjourn it, .I. am going to recess it to go into Executive Session with the Board. I have some problems I want, to go into in depth with them and then I will reconvene it. One is on the Dog Pound contract and negotiations and things like that . At the end today we will recess and then we will talk to you in our IWorking Session. Co- ntinui.ng with the Communica- tions----- 3. Letter with reference to Cablevision which was mentioned by Councilman Murdock (from Marion F. Collins. ) 4. Letter .from the Supervisor of . Islip Town, Michael LoGrande, who takes a different stand than the four east end towns . Riverhead is not with us on this one in regards to the one percent room tax. JUNE 22 , 1982 169 The charge of one percent room tax--the four east end towns, excluding Riverhead, are opposed to it . hike tried to get the Board of Super- visors to take a stand on this and we refused to. One thing interest- ing was when the supervisors meet and we take a stand all ten of us must agree, a unanimous stand. If one supervisor dissents it ' s not passed by the board of what we call supervisors. We had four dissenting votes therefore it was not considered. , 5. Letter ( from Linda Reid) regarding a plan of development in Orient which is - on file with the Town Clerk. 6. A petition to the Town Board in reference to the 7-Eleven Store proposed iniSouthold: ' The :petition'' is on file..and so ' noted. 7. Letter from the Greenport-Southold . Chamber of Commerce in reference to the Leash Law. The Board will be discussing this later on in Executive Session. S . Letter __('f_rom_ Cor inn e Donopria ) regarding the_.land_ up at Horton ' s Point Lighthouse and the Southold Park District- property right next door . A copy. of . this will be sent.. to the -Park District. . 9. A petition signed by several folks in regards to a home in Southold Town near the Village of Greenport (Ciacia home) on a health hazard. It was forwarded to the County Department of Health to have them look into and get back to the' Town to see if there are any violations of County Law. - 10. From:-a merchant in Mattituck (Lois W. Barker ) in reference to sidewalks in front of her. store in need of repair. She is putting the Town on notice that they should be repaired. 11. Letter from a person on Sound Avenue (Sanford Hanauer) . With the little bit of 'rain we had_ two _weeks ago, 'that little sprinkle, a part of his bank was washed away. " The Town Board did go up and look at it. It is a heck of a sight to see. 12. A letter from Northville Industries informing us that a hearing will be held on their application through Cavaliere with the D.'E.C . on the 24th of this month. 13. A letter address to the Town Board (from Joseph Novev) in reference to dog problems . This is being worked on. 14. Letter concerning parking area noise at the end of Sound Road in Greenport, better known as the 67 Steps (from Ken Hollowell ) . 15. Letter from the. Southold-Peconic Civic Association urging th_- Town Board to consider and adopt a moratorium on all major sub- divisions. IV. HEARINGS SUPERVISOR PELL: ' We` have five hearings' todav!i beginning. at 3: 30 P. M. V. RESOLUTIONS 1. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of' the Town of Southold approves the proposal of "the Long "Island Lighting Company 'to run' broposed 69kV transmission line through the Town of Southold provided the *follow- ing conditions are observed: 1. The transmission line will be constructed on wooden .poles with a maximum height above the ground of 42 - 55 feet unless tree conditions require higher poles. 2. The new poles will replace existing distribution poles 'so as to either minimize or reduce the overall number of poles on Town or Village streets. 3. Each pole will carry the three transmission conductors at the top area with distribution primary and secondary below followed at lower elevations by telephone and cable television facilities. 4. All construction will be of the "armless" type using insulators to carry the electrical transmission, distribution and communication facilities. There will be no cross-arms utilized, 5. Tree trim and tree removal will be kept to a minimum, ,consistent with electrical code clearance requirements. . 6. LILCO will personally contact each of the property owners where tree trim or removal affects trees located on their premises. Arrangements will be made with these property owners to either : A. Compensate them for the loss of trees, or; B. Repla-e any trees removed. These arrangements will be made so as to relieve the municipality of any coordinating involvement. 7. LILCO will purchase privately-owned premises if necessary at the point where overhead facilities convert to the underwater cables to Shelter Island. Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy , Councilman Murdock, Councilman . 170 JUNE 22 , 1982 Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: These poles that are to be put up will go from the generating plant in Greenport, ,just east of Drossos Restaurant, will come out there, travel west along the State road, over the railroad bridge, go down a private road goi-ng down to the Bay to transmit a line to Shelter Island. It will not be on any Town roads. 2 . Moved by Justice Edwards, seconded by Councilman Murdock., it was RESOLVED that the Town Board of the Town of Southold authorizes Chief of Police H. Daniel Winters to attend the New York State Association of Chiefs of Police annual conference to be held July 18 , 19, 20 and 21 , 1982 at the Turf Inn, Albany, New York, and the necessary expenses for registration, lodging, food and mileage shall be a legal charge against 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. 3. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold grants Nicholas M. Schick, Inc. a six month extension from July 15, , 1982 to January 15, 1983 to return to the Board with a progress report on the renovation of the Orient Point Inn, pursuant to Chapter 90, Unsafe Buildings, Code of the Town of Southold. As a condition of the granting of this extension, Mr . Schick shall clear and maintain the grounds at the site and erect a suitable sign depicting the proposed . plan for the property. 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 Townsend , it was RESOLVED that the Town Board of the Town of Southold grants permission to the Mattituck Chamber of Commerce to close Love Lane and the„ Love Lane-Pike Street intersection, 75 feet east and '75 feet west , including the parking lot opposite the North Fork.-Bank .and Trust 'Company. from 9: 00 A. M. to 5: 00 P.M. on July 17, 1982, 'for the purpose of holding - their. Annual Mattituck ' Sales :Day; pr.o.vided they secure the necessary insurance to hold the Town of Southold harmless. Vote of the Town Board: Ayes: " Justice Edwards, Councilman Townsend, Councilman Mlurphy , -Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 5. Moved by Councilman Nickles, ,seconded by Councilman Murdock, it was RESOLVED thatpursuant to Article IX of the Constitution, the Town Board of the Town of Southold requests . the enactment of Senate bill No. 10216, entitled, "AN ACT to allow persons in public employment on August sixteenth, nineteen hundred seventy- three or their executor , administrator or personal representative who did not file a membership application with the New York state employees ' retirement system to file a request for retroactive membership with the state_ comptroller, " and be it further RESOLVED that it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows : The Town Board of the Town of Southold does not .have the power to enact such legislation by local 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. 6. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the application of Maddie Miles; •dated June 22, 1982, f9r the renewal of.. her trailer permit. at private road off north side :Main Road, Mattituck, New York be and. .hereby is renewed for a- ,sit (6) month period.* . Vote of the Town Board: Ayes.: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman . Nickles , Supervisor Pell. This resolution was declared duly ADOPTED. JUNE 22 , 1982 171 7. Moved by Justice Edwards, seco'hded`;by .°Supervisor Pell, it was (a) RESOLVED that the Town Board `off= tYe `'-Towri 'of Southold rescind their Resolution No. 18 of June 8 . 1982 which reads as follows: "RESOLVED that the Town Board . of the Town of Southold appoint Pamela L. McCaffery from the Suffolk County Civil Service List, to the position of Clerk Typist with the Department of Public .Works effective 'June 16 , 1982 at a salary of $7, 000. 00 per annum, 30 hours per week. " 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 Murphy, it was (b) RESOLVED that the Town Board of- the Town of Southold appoint Pamela L. McCaffery from the Suffolk County Civil Service List , to the position of Clerk Typist with the Department of Public Works effective July 1, 1982 at a salary of $7, 000. 00 per annum, 30 hours per week. . ._ '. Vote of the Town Board: Ayes: _Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles , Supervisor Pell. This resolution was declared duly ADOPTED.. 8 . Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the application of Geraldine Davis , dated June 22, 1982 for permission to maintain a single family . house trailer on south side of Sound:Avenue, , Mattituck,. ;New York, .;.be . and . herebv is renewed for a period of six (6) 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. 9. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of . the Town of Southold will hold a public hearing at the Southold Town Hall, Main Road, Southold, New York on the 7th day of July , 1982 at 3: 00 P.M. , at which time and place all interested persons will be given an opportunity to be heard upon the following matter : "A Local Law Providing for the Taking of Shellfish in Town Waters" , which reads as follows: LOCAL LAW NO. 1982 A Local Law Providing for the Taking of Shellfish in Town Waters. BE IT ENACTED by the Town Board of the Town of Southold as follows: Article II of Chapter 77 of the Southold Code is hereby amended as follows: I. Section 77-200 thereof is amended to read as follows: This Article shall be known as the "Shellfish Law of the Town of Southold". II. A new Section is added thereto, to be Section 77-200A, to read as follo-,-rs: § 77-200A. Purpose It is the purpose and intent of this article to provide for the protection, preservation and the proper use and maintenance of town waters and lands under town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of Southold. III. The term "Shellfish" contained in Section 77-201 (Definitions) is amended to read as follows: S11ELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, peri- winkles and conchs. : IV. Section 77-201 (Definitions) is amended by adding the following: 172 JUKE 22 , 1982 TAXPAYER - A person who owns real property as shown on the assessment roll of the Town of Southold. V. Subdivision A of Section 77-202 is amended t,, read as follows: A. Shellfish may be taken from town waters for commercial purposes by a permanent resident over the age of fourteen (14) years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of Southold. VI. Subdivision C of Section 77-202 is amended to read as follows: C. Shellfish-may be taken from town waters' for non-commercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit therefor from the Town Clerk of the Town of Southold. VII. Subuivision D of Section 77-202 is amended to read as follows: D. Shellfish may be taken from town waters for noncommercial purposes with- out obtaining a permit therefor by a guest when accompanied by a permanent resident in whozie dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. VIII. Subdivision E of Section 77-202 is amended to read as follows: E. No person not- 'a permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident shall take shellfish in any manner at any time from town waters. L1. Section 77-202 is amended by adding a new subdivision, to .be -subdivision G, to read as follows: G. Shellfish may be taken from town waters for noncommerci6 'purposes b, a permanent resident under the age of fourteen (14) years wit hout-'obta` -Ua;g -a permit therefor. X. ' Subdivision A of Section 77-203 is amended to read as follows: A. The fee for a commercial shellfish permit shall be five ($.5.. 00) dollars. Effective on and after January 1, 1983, the fee for a commercial shellfish permit shall be fifteen ($15. 00) dollars. Such permit shall expire on December 31 of the year of issuance. -KI. Section 77-203 is amended by adding a new subdivision, to be'subdivision C, and relettering the present subdivision C to subdivision D. C. The fee for a permanent resident or taxpayer shellfish permit shall be one ($1. 00) dollar. Effective on and after January 1, 1983, the fee for such permit shall be three ($3.100) dollars. Such permit shall expire on December 31 of the year of issuance. XII. Subdivision B of Section 77-204 is amended to read as follows: B. Subject to the provisions of this section, during the period from the first 'Monday after the third Sunday in September to October 9 in each year, both dates inclusive, not more than one-half (1/2) bushel of scallops may be taken from town waters in any one (1) day by hand or with a scalp net. XIII. Subdivision D of Section 77-204 is amended as follows: D. Subject to the provisions of this section, a permanent resident, a taxpayer, a temporary resident, or a guest, when accompanied by a permanent resident, may take from town waters not more than one-half (1 /2) bushel of scallops in any one (1) day for other than commercial purposes. XIV: Subdivision E of Section 77-204 is amended to read as follows: E. Subject to the provisions of this section, not more than five (3) bushels of scallops may be taken from town waters for commercial purposes in any one (1) day by DUNE 22 , 1982 173 any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than ten, (10)1bush, Is,.of ,scallops in one (1) day for commercial purposes. XV. Subdivision D of Section 77-20 is amended to read as follows: D. A permanent resident, a taxpayer, a Temporary resident; or a guest accompanied by a permanent resident may take not more than one hundred (100) clams from town waters in one (1) day for noncommercial purposes. XVI. Section 77-205 is amended by adding a new subdivision thereto, to be sub- division E, to read as follows: E. Not more than one thousand (1, 000) little neck clams may be taken from town waters for commercial purposes in any one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than two thousand (2, 000) little neck clams in one (1) day for commercial purposes. XVII. Subdivision D of Section 77-206 is amended to read as follows: D. A permanent resident, a taxpayer, a temporary resident, or a guest accompanied by a permanent resident may take not more than one -half (1/2) bushel of oysters from town waters in any one (1) day for other than commercial purposes. XVIII. Subdivision B of Section 77-207 is amended to read as follows- B. A permanent resident, 'a taxpayer, a temporary resident, or a guest accompanied by a.permanent resident, may not take more than one-half (1/2) bushel of blue claw crabs from town waters in any one (1) day for noncommercial purposes. =X. Subdivision A of Section 77-208 is amended to.read as follows: A. A permanent resident, a taxpayer, a temporary resident, or a guest accompanied by a permanent resident, may not take more than one (1) bushel of mussels from town waters in one (1) day for noncommercial purposes. X.Y. A new Section is added thereto, to be Section 77-211 A, to read as follows: § 77-211 A. Dredges and scrapes Except as permitted by Section 77-204, subdivision C of this article, the use of a dredge, scrape, ell dredge or similar device towed by a boat operated by mechanical power or other means is prohibited in town waters. XYL This Local Law shall take effect immediately. 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 MURPHY: This Local Law will be a.va.ilab.le on Thursday at the Town Clerk's. Office.. Ba.sically what it is is to provide a license to take clams and make. it easier for the Bay Constable to enforce the Shellfish Ordinance of the Town. 0. Moved by Councilman Townsend, seconded by Coun.cilma.n Murphy, it was RESOLVED that Supervisor William R.. Pell, - III be and. he hereby -is authorized and directed to execute a contract between the Town of Southold and Lori Brooks, Knollwood Lane, Mattituck; New- York to perform a complete inventory and survey of Mattituck Creek. to determine the number, location and status of docks , mooring stakes and other structures located therein and to identify the same on Town maps. The contractor shall also reorganize the Trustee ' s office files and records, and perform such other work relative to such files and records as may be prescribed by the Trustees. The contractor, shall commence work under this agreement on June 28, 1982 and shall complete all work on or before July 30, 1982 for a contract fee of $1, 000. 00, final payment of which is to be made when all work is . completed. 174 JUNE 22 , 1982 COUNCILMAN NICKLES : Discussion. We were going to have an amend- ment on the contract that provides work shall be completed on or before July 30th and Item C . rate of payment , final payment on July 30th, 1982 or upon completion . Bob, does that have to be in the resolution or just a change in the contract? TOWN ATTORNEY' TASKER: . .I can change the contract to read, "when all the work is completed. " COUNCILMAN NICKLES: And payment .won 't be made until after July 30th if the work isn't completed. : Does- the resolution have to be amended? TOWN ATTORNEY -TASKER: No. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly: A'DOPTED. . . . 11 . Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold will hold a public hearing at the Southold Town Hall, Alain Road, Southold, New York on the 7th day of July, 1982 at 3: 05 P.M. , at which time and place all interested persons will be given an opportunity to 'be heard upon the following matter : "A Local Law to amend Chapter 92 of the Code of the Town of Southold in relation to traffic regulations" , which reads as follows:. LOCAL LAIN No. , 1982 A Local Law to amend Chapter 92 of the Code of the Town of Southold in relation to traffic regulations. BE IT ENACTED by the Town Board of the Town of Southold as follows: Article IV of Chapter 92 .of the...,Code of the Town of Southold is hereby amended as 'follows: I . By amending Section. 92-30 thereof (Stop Intersectio-is ) by adding thereto the following': Direction At intersection Location , Name of Street of Travel with (Hamlet ) Soundview Avenue East Kenney' s Road Southold Soundview Avenue ?Nest Kenney' s Road Southold II . By amending Section 92-41 thereof (Prohibited Parking) by adding thereto the following: Name of Street Side Location Horton Lane [Pest At Southold from the extension easterly of the northerly line of County Route 48, northerly for a distance of 60 feet. County Route 48 North At Southold from the extension southerly of the westerly line of Horton Lane, westerly for a distance of 200 feet. III. By amending Section 92-42 thereof (Prohibited Parking during certain hours ) by adding thereto the following: Name of Street Side Between the hours of Location Budd' s Pond Road Both 10: 00 P.M. & 7: 00 A.M. In Southold from the guard rail at the southerly terminus, northerly for a dist ce of 100 feet. IV. This Local Law 'shall take effect immediately. 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 Supervisor Pell., seconded by Councilman Murdock, it was RESOLVED that a recess be called at this time, '3: 30 P.M-.,. .for, the purpose of conducting five public hearings as follows: 3: 30 P.M. - In the matter of a proposed "Local ' Law to establish a Landmark Preservation Commission and to Prescribe its duties . " This hearing is reconvened from May 18 , 1982 at 3: 45 P. M. JUNE 22, 1982 175 3: 45 P. M. In the matterF of,, a :p-ro,.posed "Local Law to amend Chapter 100 of the Code of the Town of ,Southold in relation to petroleum storage facilities. 3: 50 P.M. - In the matter of the wetland application of Arthur A. Spangel. 3: 55 P.M. - In the matter of the wetland application of Ronald L. Zito. 4: 00 P. Pd. - In the matter of the wetland application of Enconsultants, Inc. for Anthony E. Vallace. Vote of the Town Board: Ayes : Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. lieeting reconvened at 4: 30 P.M. 12. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold authorizes Country Time Cycle, Mattituck, New York, to use the following Town roads on July 18;1 . 1982, beginning at 8 : 00 A .11. , for the purpose of holding a Super Star Running Race and Bike Race: Elijah' s Lane; Oregon Road, Grand Avenue and Wickham Avenue. This permission is conditioned upon Country Time Cycle providing the necessary insurance to hold the Town of Southold harmless . 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 TOWNSEND: Apparently this is a mini- wherein there will be a three and a half mile foot race and an 18 mile bike race and the implication is that I ' ll be competing in that . Incorrect. I 'm already involved that day. 13. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold allocate $2, 482. 35 for the payment of printing and advertising costs incurred by the Southold Town Promotion Committee. 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 Murphy, seconded by Justice Edwards , it was (a) RESOLVED that the Town Board of the Town of Southold inform Times Mirror Cable Television 'that the Town of Southold will be seeking bids from other cable television companies when the present contract with Times Mirror expires in 1985. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 14 . Moved by Councilman MMurphy, seconded by Justice Edwards, it was (b) RESOLVED that the Town Board of the Town of Southold request the New York State Commission on Cable Television to hold a public hearing at the Southold Town Hall as soon as possible on the performance of Times Mirror Cable Television in 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. 15. Moved by Councilman Murdock, seconded by Justice Edwards, WHEREAS, a proposed Local Law No. 3 - 1982 was introduced at a meeting of this Board held on the 8th- day of June, 1982, and WHEREAS, a public hearing was held thereon by the Board on the 22nd day of June, 1982, at which time all interested persons were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED that Local Law No. 3 - 1982 be enacted as follows: LOCAL LAW NO. 3 - 1982 A Local Law to amend Chapter 100 of. the Code of the Town of Southold in relation to petroleum storage facilities. JUNE 22 , 1982 176 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: Section 1. By amending Section 100-114 (prohibited uses in all Districts) by adding thereto a new Subdivision J, to read as follows: J. Storage of Petroleum Products. Notwithstanding any other provisions of this Chapter , storage facilities, with a total combined capacity of more than 20, 000 gallons, including all tanks, pipelines, buildings, structures, and accessory equipment designated, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt, or other petroleum products shall not be located within one thousand (1, 000) feet of tidal waters or tidal wetlands. Section 2 . This Local Law shall take effect immediately. 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 Nickles , seconded by- Supervisor Pell, WHEREAS, Arthur A. Spangel applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 21, 1982, . and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and . WHEREAS, a public hearing was held by. the Town Board with respect to said application on the 22nd day of June, 1982, at which time all interested persons were given an opportunity to be heard , now, therefore, be it RESOLVED that Arthur A. Spangel be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to construct a pad, walkway. and float at Glenn Road, on West Creek extension of Goose Creek, Southold, New York, provided it is parallel to the property line; both float and boats are at least 15 feet from the property line, and neither boats nor float inter- fere with navigation. This permit shall expire on June, 22, :11:'�83; there shall be two inspections required; and the Town Clerk._,.snall be notified when the project is completed. Vote of the Town Board: . Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. 17. Moved by Councilman Murphy, seconded by Justice Edwards, WHEREAS, Ronald L. Zito applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 22, 1982, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Adivosyr Council for their findings and recommendations, and WHEREAS., a public hearing was ' held by the Town Board with respect , to said application on the 22nd day of June, 1982, at which time all interested persons were given an opportunity to be heard , now, therefore, belit RESOLVED that- Ronald L. Zito be granted permission under the provisions of the Ifetland Ordinance of the Town of Southold to construct a dock, ramp and float. at Bungalow Lane, on Deep 11ole Creek, Mattituck, New York, provided it is parallel to the property line; that boat float and boats are at least 15 feet from the property line, and neither boats nor float interfere with naviga- tion . This permit shall expire on June 22, 1982; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. 18 . Moved by Councilman Nickles, seconded by Justice Edwards, WHEREAS , Enconsultants, Inc. on behalf of Anthony E. Vallace applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 11, . 1982, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and JUNE 22 , 1982 177 WHEREAS, a public hearing .was ,,h`eld:'�by':,;;t'he Town Board with respect to said application on the 22nd day of June, 1982, 'at which time all interested persons were given an opportunity to be heard, now, therefore, be .it RESOLVED that Enconsultants, Inc: on behalf of Anthony E. Vallace be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to construct a timber dock consisting .of a fixed elevated catwalk, hinged ramp and float secured by two pilings at Broadwaters Cove, off Nassau Point Road and Old Cove Road, Nassau Point, Cutchogue, New York, provided it is parallel to Mr . Vallace' s right-of-way so the dock does not infringe at any time on the property to the west; all boats shall be moored on the east side of the dock so that. no boat or structure shall infringe on the neighbor ' s.- imaginary property line to the west at any time, until permission from the neighbor is obtained. This permit shall expire on June 8, 1983; there shall be two inspections required; and the Town Clerk shall be notified when .the project is completed. Vote of the Town Board: Ayes: Justice Edwards ,. Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell . This resolution 'was declared duly ADOPTED. 19. Moved by Councilman Murdock, sec,onded. by Councilman Townsend , it was RESOLVED thatzithe application of Bauer Farms, Inc . dated July 4, 1982 for permission' to renew single family trailer permit on their property located off right-of-way off south side of North Road (CR 48 ) , Peconic, New York, be and hereby is granted for a six (6) month period. — 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 Murphy, seconded by Justice E:dwards., "it wa,s RESOLVED that the Town Board of the..Town of Southold amend Resolution No. 10 adopted" on May '18 1982, to correct 'the. dates for closing the following Southold Town creeks for planting uncertified clams; Hallock"s Bay, Orient - From June 21, 1982 through July 21, 1982.. Gull Pond, Greenport - From June 23, 1982 through. July 23, 1982. Broadwaters Cove, Cutchogue - From June 30, 1982 through. July 30 , 1982. Corey Creek, Southold - From June 30, 1982 through. July 30, 1982. AND BE IT FURTHER RESOLVED that the Town Clerk. be and bereb y is authorized to place notice in the official newspaper notifying the public of the corrected dates for closing the abovementioned creeks. Vote of the Town Board: Ayes: Justice Edwards,. Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 21 . Moved by Councilman Nickles, seconded by Councilman Townsend, it was RESOLVED that the Town Board .of the-.Town of Southold amend their Resolution No. 16 of June 8, 1982 setting July 6, 1982, 8: 00 P. M. for a public hearing on change of zone application of Stephen Shilowitz TO:. " July. -7, 1982 at 8 : 00 P.M. .: Vote of the Town Board: Ayes : Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. Abstain: Supervisor Pell; This resolution .was declared duly ADOPTED. 22. Moved by Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hire Lynn Campbell, East Marion, New York, as a part-time clerk typist for the Southold Town Board of Appeals for the summer season, 18 hours per week, at $3. 65 per' hour. Vote of the Town Board: Ayes : Justice. Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. s SUPERVISOR PELL: That ends the agenda as prepared. Does any Councilman have anything they want to bring up at this time? Joseph? . (No. ) Larry? (Not at this time, thank you. ) John? 178 JUNE 22 , 1982 COU:NCILAIAN NICKLES: Yes. One of the phone calls that I received prior to coming in here was that the County approved the funds for Little Creek dredging. . SUPERVISOR PELL: Oh, good. Frank? , :(Nothing. ) Ray? (Nothing. ) Anybody wish to address the Board. One. at. a time, please. Mr. Kelly. ROBERT A . KELLY, Attorney: I represent a corporation that owns the cement plant over on Cox' s Lane which was just purchased by AIr. Aluritori. One of the reasons the plant has been closed .is the sand of the Town of Southold cannot be brought up to standards for use to make concrete in accordance with the State specifications, State Building Code, it needs more sand. SUPERVISOR PELL: Afore sand or more screening? . AIR. KELLY: It needs both as a matter of fact. The fill that they would have purchased from the Town, they would take it over and screen it and then add sand from Southampton to it so that we can use it here. Now, my understanding is the only source of supply for concrete in the Town of Southold, the nearest, is in the Town of Riverhead. It costs quite a bit of money to transport concrete in the transit mix stage. Whereas transporting the sand over to Westhampton and transporting it back here again for sale as to be incorporated in concrete is much cheaper , because you're transport- ing it in a regular truck instead of in a ready-mix truck. So, you people are paying.;approximately $5 . 00: for. the,.round: trip of concrete coming from Riverhead over and above the standard price of the cost of running one of these transit mix trucks. They use quite a bit of fuel. . Our proposal was that we be permitted to take sand here, which we purchase here, take it over, mix it with sand from Southampton and take an equal volume back here with this sand being capable of being incorporated in concrete which will meet the standards of the New York State Building Code. Otherwise that plant can ' t be operated. The Town of .Southampton would_. probably get mad ortin if we were ,trans p g; their sand strictly over here. Fortunately they have enough range in their gravel level,: in. Southampton to- mix certain proportions of Southampton sand with the sand from.'here and it comes out to meet the Code level, but your sand does not . We do have a real problem and gentlemen,. I realize you have a local law, which also presents a problem. Oh, one thing I should point out is we have . no offices- in any other county,. ,the only off ice -_o,f this concrete plant--we do not, sell sand to anybody, we haven ' t sold a pound of sand , straight sand to anybody, we sell concrete. Our other office is in Westhampton where we do have a screening plant built . COUNCILMAN MURDOCK: My understanding now from your conversation is that you do not take the sand from here and bring it back in a ready-mix truck, you take the sand. from here, screen it and bring back sand? AIR. KELLY: In an open truck. COUNCILMAN MURDOCK: And it will be possible for you to log this? AIR. KELLY: Yes, we would. keep 'a log for..you. , Our difficulty is that you won ' t.-be getting exactly the same mix back. But Southampton shouldn' t have an objection because . it ends up with the same number of yards over there too. COUNCILMAN NICKLES : What is the ratio of Southold' s to Southampton? AIR.- KELLY: What ' s the ratio of sand? AIR . LARRY. CANAVARA: Well, fine it is not enough. The sand that we have over here it is not enough fine for concrete. We have to add more sand to get the right ratio. SUPERVISOR PELL: What is the percentage that you have to add? If you take ten yards- from here, what do you have to add to that ten yards? MR. CANAVARA: It is hard to figure. SUPERVISOR PELL: You had already taken some from here before you got stopped. JUNE 22 ) 1982 179 AIR, CANAVARA: Yes , but we did,-nothing with it . SUPERVISOR PELL: Any other question from any Board member? As you know, our local law prohibits this. If the Board is going to amend it it is going to take time. If, I say if it decides to amend it--- I ' m sure we will go- into great lengths with this before the day is up with our Town Attorney when we go back into the Work Session of the Board and if. you care to call the Town Clerk or my office tomorrow we will probably give you our decision. AIR. CANAVARA.: Okay, thank you. SUPERVISOR PELL: Anybody else wish to address the Town Board? AIR, ALBERT STONE, Southold: I 'm here to address Item Number 6, the establishment of a 7-Eleven store at the eastern end of our Town. We' ve been listening to very eloquent statements all afternoon about the historical beauty of this section of Town, the entire Town, and the desire to continue the historical edifices and maintain them. Mere we have a company from Texas who want to �., come up here and establish a 7-Eleven store. We' ve got one in Cutchogue, we got one in Greenport and from the historical stand- point we learn from various points that these stores seem to attract the wrong kind of elements in the Town. We don ' t want our Town of Southold turned into a 42nd Street where you have a large number of cars coming and going into Town to buy beer and drink it up on the beaches and throw the beer bottles all over Town which they do now and it ' s going to get worse if we have something like this. I believe the Town Board has the file containing about 700 signatures that we collected the last three or four months. Signatures of permanent residents in this Town who are against the establishment of this particular store. They believe that the historical beauty and the colonial atmosphere of Southold will be hurt a great deal if a structure of this type is erected on the site of the Amoco gas station . We implore the Town - Board to think these things over and give every consideration to defeat this plan to establish this store. We want to continue it the way it is, that ' s why we moved here and I don ' t think there' s anybody in this room that doesn' t agree that we want to keep the Town the way it is now, quiet and beautiful and historical. Thank you for your time. SUPERVISOR PELL: Thank you very much. Anybody else wish to address . the Board? MRS. MARGARET KATZENBERG, Southold: I live in Southold Village and I agree with much of what Mr . Stone has said. I ' ve had a home here for over fifty years and I would like to keep the character of Southold Village much as it is. From personal experience I ' ve made two visits to the 7-Eleven in Greenport. One in which I was passing about 9: 00 o ' clock in the evening and decided to buy milk instead of early the next morning. I went in the store and I haven ' t visited any disco clubs but I thought that was what it was . It was very loud rock music, I don' t know whether it was a permanent- installation or one of the employees had a mobile one. It was noisv. I don ' t think we want that going on 24 hours a day in Southold. The other is a severe traffic hazard . As I went in, two cars filled with young people were playing some kind of game in the parking area and when I came out a third car drove in and someone didn' t like what someone else did__and i_t_ looked like violence. I think those are hazards we don ' t need. : I..hope you -find a way to keep it out. .: SUPERVISOR PELL: Thank you very much Mrs. Katzenberg. Anybody else wish to address the Board? Mrs . Albertson, AIRS . BARBARA ALBERTSON, Southold: Board members and Town Clerk, I 'm a little concerned, I do live right across the street so we have a residential area abutting up to the business area. This is the delineation that the Town Code makes and I want to ask a question. Given these general problems that come with man-made boundaries we do have this transitional area there and there ,are the social problems that have been raised and the traffic problems , the historical--this location as .it were, the architecture, th commercialization against the historic character . If our Tow Code is going to look at a black and white matter I would li to know what other course we have if it ' s gone through the P anning Board and Building Inspector , We do have a number of peop e who 180 JUNE 22 , 1982 on general principles feel that this is out of character . I wonder where our next step goes. How the process goes from here? TOWN ATTORNEY TASKER: I think the question is , where you go from here? I think you have to understand that to begin with the property you are talking about is already zoned to permit the use that is being proposed. It ' s allowed under the Zoning Code. The only way that you could proceed would be to change:-the Zoning Code and I don ' t mean just for that one .property. Probably .generally through- out the Town because we had to zone according to a comprehensive plan. It is presumably to outlaw fast-food stores generally throughout the Town. This couldn' t be done tomorrow. AIRS . ALBERTSON: Of course that was the point I was trying; to make. I realize the Code says one thing and yet we do have an understanding that something isn 't very' compatable here and I wondered. how that could be addressed. TOj;'N ATTORNEY TASKER: The use is allowed. The use that you are concerned with is only allowed under the Code. AIRS. ALBERTSON: As a retail store, but this has. the distinction of being a 24-hour store and there is--'-- TOWN ATTORNEY TASKER: They don' t put any time limits on any. of the retail stores in our Zoning Code. They all can stay open for 24 hours. As a matter of fact at one period of time supermarkets did stay open 24 hours., AIRS. ALBERTSON: One of the record books .that I did a little bit of research spoke of the transitional area between residential areas and business areas and these are in conflict and I think they have to be addressed. TOWN ATTORNEY TASKER: Just in general at a broad stroke my -answer would have to be that this is a legislative function to be considered by the Town Board, basically. They are presumably going into a Plaster Plan in this Town and it would be one of the things 'they could study. AIRS. ALBERTSON: I` ,won ' t take. any- more time.:. Thank .you. SUPERVISOR PELL: Thank you, Mrs. Albertson. Anybody else. wish to address the Board? Mrs . Ruth Oliva. AIRS. RUTH OLIVA, Orient: "Gentlemen, we, the undersigned citizens of Southold Town, respectfully submit the 3, 242 signatures request- ing a moratorium on all major subdivisions until the Town 14aster Plan has been updated. We appreciate the current efforts of the Town Board in' addressing the complex problem of updating the Master Plan to meet the Town' s future needs . However, since 1981, approx- imately 691 acres of Southold Town have been proposed for major subdivisions. Of these', more than 620 acres have been proposed within the last six months. In the face of the alarming acceleration of request for major subdivision development , we are convinced that a holding action is imperative. Positive action now will enable Southold to grow in a manner that will serve the best interests of its present and future citizens. The signers of this petition represent Southold citizens from Laurel to Orient : voters, tax- payers and residents, including farmers, land owners, baymen, professionals, and business persons , black and white, old and young. The petition also has the support of the following civic organiza- tions: The Southold-Peconic Civic Organization, The Sound Beach Civic Association, The Mattituck Inlet Civi Association, The Captain Kidd Civic Association, and Brown' s Hills Estates , Inc. We believe that the attached signatures represent a' mandate 'that cannot be ignored. We will continue to petition and to enlist the support of additional civic groups. We urge you to act in accordance with the wishes of the people of the Town of Southold. Sincerely, The Southold Moratorium Committee for an Updated ATaster Plan. " I ' d just like to read you the breakdown of the figures which are incomplete because we just added some more from t•he different towns . It ' s rather interesting. ' Laurel - 52, ' Mattituck =` 481 ' Cutchogue - 472, New Suffolk - 100, Peconic - 112, Southold - 919, Greenport - 362, East Marion - 221, Orient: - 411. So ,you can see, Gentlemen, it is a Town-wide petition. Thank you. We would request if we could just chat with you briefly for a few minutes when you recess this meeting. Thank you. JUNE 22 , 1982 181 SUPERVISOR PELL: Thank you. Anyb,odv. else wish to address the Board? firs. Ronnie Thacker. MRS. RONNIE WACKER, Cutchogue: I just want to add that I think the moratorium is an excellent opportunity for us all to sit back and consider where we want to be in the next ten or fifteen years, whether we want to end up being a bedroom community with no industry or whether we intend to continue being an attractive tourist area, because if we do want to continue tourism we ' ve got to consider how we ' re going to keep the open space and I know that you are now involved in getting estimates on the cost of updating the master plan. But , some years ago, ten or twelve ,years ago, they commissioned a study of .farmlands and at that time it was . show.n that the tourists pretty generally said that they came out here because of the open space. And if we are not going to be concerned about the acceleration of submissions to the Planning Board we are going to have a very serious problem to consider. SUPERVISOR PELL: Thank you, Mrs; UTacker. Does anyone else wish .to address the Board? (No response. ) If not, I will call for a recess at this time. `loved by Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that a recess of this Town Board meeting be called at this time, 5: 00 P.M. , meeting to reconvene following 141;ork Session and Executive Session. Vote of the Town Board: Ayes: . Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly -ADOPTED. WORK SESSION 5: 10 P. 111. - Ruth Oliva , Ronnie Wacker , Dorothy Berks, Kay Avlward, Mrs . DeMaria and Frank Bear addressed the Board concerning the proposed moratorium on major subdivisions. Councilman Nickles expressed his view that such a moratorium is not needed. Councilman Murdock said a proposal to update the comprehensive plan has been going on well before the moratorium was thought of. Councilman Townsend was undecided about the need for a moratorium, and Super- visor Pell, Councilman Murphy and Justice Edwards did not express an opinion . Those on the'. Moratori.um Committee strongly urged the Board to evaluate their proposal' from all points •and take action as soon as possible to institute the moratorium. Supervisor Pell said the matter would- be tabled for consideration . 5: 45 P .M. - Jim McMahon, Youth Coordinator met with the Board again to apprise them of his telephone -conversation with the County Contract Ilanager, -Department of Health concerning the Southold Town Drug Abuse Counc`i'l Prevention Grant . If the Town will advance the money to Jim Christie for conference travel expenses incurred under the Program, the County will reimburse the Town upon presentation of a voucher and copy of the Town' s cancelled check to Mr. Christie. Resolution No. 23 concerning this matter was placed on the agenda. EXECUTIVE SESSION 5: 50 P. M. - Victor Lessard, Executive Administrator , met with the Board to discuss procedures and problems of the. Building Department, and Code revision suggestions. A brief discussion was held relative to the proposed windmills in East Marion, and Councilman Nickles left the room during this discussion. WORK SESSION 6: 45 P.M. - The Board discussed the request of LNC Tra.nsmix Corp. to take sand from Southold Town to Westhampton to be refined and returned to the Town for making cement . It was decided that this would be permitted. if. approved . by Highway Superintendent. Dean, and LNC Transmix• 'Corp. maintained a log of all sand taken and returned. A resolution to this effect, No. 24, was placed on the agenda. 182 JUNE 22 , 1982 6: 55 P. M. - The Board further discussed the proposed relocation of the Building Department Office, Receiver of Taxes Office and Town Clerk' s Office. It was decided to hold this move in abeyance and reevaluate in the near future. EXECUTIVE SESSION 7: 05 P.M. - Discussed contract negotiations between the Town and the North Fork Animal Welfare League, Inc. 7: 25 P.M. - Work Session adjourned. REGULAR MEETING RECONVENED The Regular Meeting of the Southold Town Board reconvened at 7: 25 P. li, all Board members present, Town .Attornev Tasker and Town Clerk Terry. 23. Moved by Supervisor Pell, seconded by Councilman Nickles,. it was RESOLVED that the Town Board of .the Town of .Southold advance $1112. 00 to Jim Christie, in payment of conference travel and mileage expenses incurred under the Drug Abuse Prevention Program Grant; said funds to be reimbursed to "the Town by, the County,.bf, Suffolk upon presentation of a voucher and copy of the ,Town' s cancelled check to Mr. Christie. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy', Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 24. Moved by Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold grant ,PZrmission to LNC Transmix Corp. , condition upon the approval 'of Highwar Super- intendent Dean, to purchase 500 yards of sand at a •time to b:e trans- ported to their screening plant in Westhampton Beach and r1e-t-arned to their Cox' s Lane, Cutchogue plant for the manufacture of concrete to be used in Southold Town. LNC Transmix Corp. to be instructed to keep a log of all sand taken from Southold Town to Westhampton Beach and the equal amount returned to Southold Town. 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 Supervisor : Pell, - seconded by Justice Edwards; ' it was RESOLVED that there being no further business- to come before this Town Board meeting adjournment be called at 7: 30' P.M. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor. Pell. This resolution was declared duly ADOPTED. Judith T. Terr Y Southold Town Clerk