HomeMy WebLinkAboutTB-07/07/1982 185
SOUTHOLD TOWN BOARD
JULY 7, 1982
WORK SESSION
8: 00 A.M. - The Board met with Planning Board' Chairman Henry E.
Raynor to discuss the Planning Board' s recommendation for hiring
a firm to update the Master Plan. Mr . Raynor stated• it- is the
concensus of the Planning Board that Raymond, Parish,' Pirie &
Weiner, Inc. be awarded the undertaking for this project . The
projected cost by RPPW is between $69, 000 and $76, 000 and Mr.
Raynor requested the Board consider the method of funding so
work can start immediately. Mr . Raynor was asked to contact
RPpt4 for preparation of a contract and a resolution for funding
will be placed on. th.e July 20th agenda.
Mr. Raynor was asked his opinion on the proposed moratorium
on major subdivisions and he said this was discussed at .length
by the Planning Board and -it is their opinion everything is in
control and Presently there is not a need for a moratorium. Mr.
Raynor presented a .12 month report on minor and major subdivisions
submitted and approved.
9: 10 A.M. - The Board audited outstanding bills.
9: 30 A .M. - Began re"vi'ewing "agenda.
9: 40. A .M. -- Mr . Weston and Mr.' Vandernoth of Cleaves Point met
with the Board to discuss road run-off on the North Road - Maple
lane to Shipyard Lane, East Marion. It is the:lopinion of residents
in Cleaves Point that a major cause of this run-off is from the
Pebble Beach Subdivision. They have contacted the N.Y. S. Department
of Transportation who made a study of the area and determined the
drainage from the North Road is misdirected. They will make
corrections in the area to direct the flow into the existing State
sump. The Board will transmit a copy of the D. O.T. letter to the
Pebble Beach Property Owner's Association and the Planning Board,
and request the. Property Owner' s Association to clean the swales
in the subdivision which have become overgrown.
9: 55 A.M. - Chief Winters met with the Board and apprised them of
police activities over the 4th of July weekend. He said there had
been eight motor vehicle accidents, and only four individuals had
been slighting injured. The Board commended the Police Department
for the control of incidents over the weekend.
10: 10 A.M. - The Board resumed reviewing the agenda.
10: 50 A.M. Mr. Richard Young and Mr. Larry Scudder 'of Long Island
Cablevision Corp. met with the Board to discuss CATV' s plans to
rebuild their lines between Eastport and Sag Harbor and Orient to
Wading River - 650 miles of plant - which will be finished by the
end of 1984. Mr . Young advised that the system has been stretched
to the limits and doesn ' t think the number of service calls in
Southold Town is any different than other CATV companies. Mr . Young
stated that CATV would renegotiate contracts with the Towns and
Villages affected before the system is rebuilt. If a satisfactory
contract cannot be negotiated,. the system in that area will not be
rebuilt. ---Supervisor Pell stated that Southold Town residents have. been put off far to long for the system to be rebuilt at a time just
before the franchise is up for renewal. (A recess of the Work
Session was called at this time so the Board could conduct a public
hearing on the Reese Unsafe Building violation. )
11: 00 A. M. Rec'e'ss public hearing - Unsafe Building violation,
Christine Reese, Ronald Reese, Harold Reese, Jr. , Orient , New York.
186 JULY 7 , 1982
11: 40 A.M. Work Session 'resumed with Mr.' Young 'and Mr. Scudder of
CATV. 111r. Scudder addressed the Board outli.ng a package of new
programing to be offered to the subscriber at an additional - fee.
Furthermore, before rebuilding the system, CATV will negotiate a
new subscriber fee with the Town which will be considerably higher
than the present $8. 60, due to the new options which will be built
into the system and offered to the subscriber.
1: 00 P.M. Recess 'for' lunch.
2: 45 P.M. -' Work' Session resumed.
2: 50 P. M. -' Mrs . Barbara Albertson' and Mr. Albert 'Stone spoke
on the matter of the proposed 7-Eleven St-ore -to be opened on the
corner of Route 25 and Locust Lane, Southold. Councilman Nickles
submitted photographs he took of the 7-Eleven Store site at Stony
Brook. Also, Councilman Nickles had arranged a meeting. a few
days prior, with the owner' s of--the 7-Eleven Store to be located
in �,buthold, the Southland Corp. , and residents of the area. Mrs.
Albertson and "Mr. Stone appealed to the Board to deny, 7-Eleven
permission to open the store. Town Attorney Tasker pointed out
that at, the present time,under the present code, the proposed use
is a permitted use. "Mrs. Albertson pointed out the area is a
transitional zone and Mr. Tasker said that is not covered at .
the present time by the ordinance, but could be addressed in the
update of the comprehensive plan. Councilman Townsend suggested
curtailing the business hours and adopting a game room ordinance.
Councilman Murdock suggested the -residents not trade with 7-Eleven
and hope they go out of business. Mrs. Albertson and Mr. Stone
were advised that the building permit has been issued, and they
have site plan approval - from the Planning Board, at- which -point: .
they insisted the Town Board exert their authority (which is not
permitted) and withdraw the permits and let the 7-Eleven owners
sue the Town. They -were advised the Town Board would not do
that.
3: 00 P.M. - A "recess was. called for the purpose of holding ''the
following public hearings:
3: 00 P.14i. - "A Local Law providing for the taking of :shellfish
in Toi%m waters. "
3: 05 P.M. - "A Local Law to amend Chapter 92 of the Code of
the Town of Southold in relation to traffic regulations.`"
3: 35 P.M. - Work Session- resumed, and the :Board- continued..their
discussion with Mrs. Albertson and Mr.' Stone concerning the 7-El'even
Store. Town Attorney Tasker explained that the Town Board delegates
authority to the Planning : Board and Building Department and the Town
Board has no jurisdiction to interfere with their decisions. The
Building Department has issued a building permit , the Planning Board
has issued site plan approval, therefore the contruction of the 7-Eleven
will proceed.
4: 00 P. M. - The Board rbesumed previewing the agenda and off-agenda
items.
5: 00 P.M. - Wbrk. Session adjourned..
REGULAR MEETING
A Regular .Me:et'ing of..the Southold To,--n Board was held at 7:-30
P. M. , Wednesday, July 7 , 1982 at the Southold Town Ball, Main Road,
Southold, New York.
Present: Supervisor William R. Pell , III'
.Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman Francis J. Murphy-
Coun.cilman. Joseph L. Townsend, Jr. (arrived at 8: 00 P.M. )
Justice Raymond W. Edwards
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
JULY 7 , 1982 187
Moved by Councilman Murphy, seconded by Supervisor Pell, it was
RESOLVED that the Southold Town - Board minutes- of Regular- Meeting
held on June 22 ,' 1982 , and Special Meeting held on 'June 29 , 1982
be and hereby are approved.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell .
This resolution -was declared duly ADOPTED.
Moved by Councilman Murphy, • seconded by Justice Edwards, • it was
RESOLVED that the following audited bills be and hereby are approved
for payment : General Fund Whole Town bills in the amount of $82, 523. 72;
General Fund Part Town bills in the amount of $16, 311. 61; Highway
Department bills in the amount of $21, 615. 33; Fishers Island Ferry
District bills in the amount of $36 , 421. 34; Fishers Island Ferry
District Capital Account bills in the amount of $122, 795. 50; Federal
Revenue Sharing bills in the amount of $3990. 41; Capital Account -
Land Purchase bills in the amount of $2408. 82; Capital Account - Front
End Loader bills in the amount of $98. 17.
Vote of the Town Board: Ayes: Justice Edwards, 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 the next Regular Meeting of the' Southold Town Board
will be held 3 : 00 P.M. , Tuesday, July 20 ; , 1982 at the -Southold Town
Hall , Main Road, Southold, .New York.
Vote of the Town Board: Ayes: Justice Edwards , Councilman
Murphy, Councilman Nickles, Supervisor Pell. Abstairi :n—Councilman
Murdock.
This resolution was declared duly ADOPTED.
I . REPORTS
SUPERVISOR PELL: All reports are placed on file in the Town Clerk' s
Office.
1. Supervisor' s June 1982 report.
2. - North Fork Animal Welfare League, Inc. - June 1982 report .
3. Town Clerk' s June 1982 report.
4. Highway Department ' s June 1982 report.
5. Fishers Island Ferry District - June 1982 report .
6. Town of Southold Blood Program - report on printed-stamped
envelopes donated by Southold Town Board to -Blood Program.
7. Councilmen' s reports. .Does any Councilman have anything ,
they would like to report?'
COUNCILMAN MURDOCK: We have .a Rea-Liest for Proposal. A copy was
sent to me from Dutchess County on a resource recovery proiect which
comprises almost an inch of paper. They have a contract with IBM.
IBM has a factory up there. They have contract with IBM to buy
steam and contract with an electrical company to purchase electricity,
and put it on co-generation and this is their Request for Proposal
SUPERVISOR PELL: When do you think our request will be ready for the
Board to review?
COUNCILMAN MURDOCK: I don ' tknow. I ' m going to read this one myself
before I give it to Bob and -I was going to ask him tonight about his
time. He ' s been reading it and he' s awaiting one from Islip which
didn ' t come yet .
SUPERVISOR PELL: Will you be able to make a report on how far along
we -are on ours at the next Board meeting which you won't be at, but
make in writing -prior to?
COUNCILMAN MURDOCK: No.
COUNCILMAN MURPHY: How big an area is this?
COUNCILMAN MURDOCK: This is 400 tons per day. I think 170 thousand
people. I just started reading it this morning when I finished work-
ing on my agenda.
SUPERVISOR PELL: Any other Councilmen have anything to report?
COUNCILMAN NICKLES: I ' ll just report that negotiations with the
North Fork Animal Welfare League are progressing and hopefully
will go to a vote at the July 20th meeting to authorize the Super-
visor to sign a contract if things progress as they have been.
188 JULY 7 , 1982
SUPERVISOR PELL: Any other reports? (No response. ) The Supervisor
has no report except progress on all fronts and a busy 4th of July
weekend as the Chief so stated, when he was here this morning.
II . PUBLIC NOTICES
SUPERVISOR PELL: These notices are posted on the Town Clerk' s
Bulletin Board, and on file with the Town Clerk.
1. Department of the Array, Corps of Engineers, application of
Eugene & Ellen Steigerwald for permit to construct a catwalk, ramp
and float at Deephole Creek, Mattituck.
2. Department of the Army, Corps of Engineers, application of
Halsey A. Staples- to construct a bulkhead with backfill and dredging
at Sterling Creek, Greenport .
3. N. Y. S. Department of Environmental Conservation, Notice of
Complete Application by Costello Marine Contracting for Bennet
Kleinman for permission to dredge, truck away spoil to upland site,
install float with ramp at Spring Pond, south of Bayview Drive, East
llar ion.
III . COJIMUNIC'ATIONS
SUPERVISOR PELL: These communications are on file in the Supervisor' s
Office and the Town Clerk' s Office.
1. Request for a ramp on Long Island Sound by Philip V. Corrado.
2. Problem in Cleaves Point , East Marion from the Property Owners
Association about drainage. This will be sent to the Planning Board
and the Pebble Beach Property Owners Association, and to the owners of
the Kaplan property. .
3. Report from the Federal Emergency lylanagement Agency on the
number of flood insurance premiums we have and how many were paid
last year.
4. Suffolk County Community Development Consortium -Citizen
Advisory Committee requesting recommendations of individuals to the
Citizens Advisory Committee.
5. Petition objecting to a proposed condominium devel'op'nient
to be located at Arshamomaque Pond opposite the Southold Town Beach.
6. Letter from Ralph and Elinor Williams regarding the deer
population in Orient . We will invite the DEC out here to. talk about
it.
7. Letter from Harry P. Taylor relative to the National Flood
Insurance Program.
8. Letter from The Long Island Rail Road advising they have
been continuing review of possible schedule adjustments for :their
North Fork service.
9. Letter from The Seniors Club of Southold-Peconic , 'I.nc.
commending the fine work of Custodian Doug Clark.
10. From Richard Foster on the moratorium to stop subdivisions .
His is only one of several letters addressed to the Board and all are
filed with the Town Clerk.
SUPERVISOR PELL: Hearings - we have a hearing tonight at 8: 00 P.M.
(Application of Stephen Shilowitz for a change of zone. )
V. RESOLUTIONS
1. Moved by Councilman Murdock, seconded by Councilman Nickles, it was
(a) RESOLVED that the Town Board of the Town of Southold accept with
regret the resignation of Jean H. Tiedke as Southold Town' s rep-
resentative on the Peconic County Study Committee, and thank Mrs.
Tiedke for the many hours devoted to participation on this Committee.
Vote of the Town Board.: Ayes: Justice Edwards , Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Resolution 1. (b) is " out for the present time.
(Appoint Southold Town representative to Peconic County Study
Committee. )
2. Moved by Justice Edwards , seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold accept the
bid of Wayne A. Mori't'z, Electrical Contractor, for supplying the
Town,with a new automatic generator for the Southold Town Police
Headquarters, as per bid specifications , at the bid price of
8, 100. 00 which includes complete installation .
Vote of the Town Board: Ayes: . Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
JULY 7 , 1982 189
3, Moved by Councilman Murphy, secondod.,-by-Justice Edwards,
WHEREAS, the Town of Southold currently has $50, 000 of 1981
Community Development" Funds allocated to housing rehabilitation
in the 7th, 8th and 9th Street area; and
WHEREAS, the Town Board desires to undertake a $10, 000. 00 street
improvement project in this area in addition to housing rehab-
ilitation, now, therefore, be it
RESOLVED that the Supervisor be and he is hereby authorized to
execute a budget' !modification with Suffolk County which will
transfer $10 , 000 from the housing rehabilitation project" "to a
new project for street improvements.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
4. Moved by Councilman Nickles, seconded by Justice Edwards, it was
RESOLVED that the TownBoard of the Town of Southold hereby
authorizes Building Inspector Edward F.. Hindermann to attend
the annual New Y"ork State Building Official's Conference to be
held at the Fallsview Hotel , _ Ellenvill'e ;."New York on .September
29, 30 and October 1, 1982 , and the necessary expenses for travel,
food, lodging and mileague shall be a legal charge against the
Town of Southold in -an °amount not to exceed $250. 00.
Vote of the Town Board: Ayes: " Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
5. Moved by Councilman Murphy, seconded by Councilman Nickles, it was
RESOLVED that the Southold Town Board declare itself lead agency
in regard to the State Environmental Quality Review Act in the
matter of the application of Mary Jane Gross for a wetland permit
on certain property located on West Creek extension of Goose Creek,
at 275 Sun Lane, Southold, New York.
Vote of the Town Board: . Ayes: Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution_ was .declared duly ADOPTED .
6. Moved by "Councilman Murdock, seconded by Justice Edwards , it was
RESOLVED that the application of Oscar Goldin dated July 19, 1982
for renewal of a single family trailer permit on Lot #69, Greenport
Driving Park, south side Linnet Street , Greenport , be and hereby is
granted for a six month period.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
7. Moved by Justice Edwards, seconded by Councilman Nickles, it was.
RESOLVED that the Town Board of the Town of Southold authorizes
the transfer of $3", 500. 00 from General Fund Whole Town Revenues,
A2801-Interfund Transfers, to: Programs for the "Aging-A1973; AND
$3 , 500. 00 from Transfer to other Funds-A9901. 9 to Programs for the
Aging, Contractual-A6773.4 for" Home" Aid Program, and to be totally
reimbursed by the County of Suffolk.
Vote of the Town Board: Ayes: Justice Edwards, - Councilman
Murphy, Councilman Murdock; Councilman Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
8. Moved by Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that the Town Clerk of the Town of Southold be and hereby
is authorized' to "advertise for bids for 500 - 6 ft, studded steel
T posts , more or less as may be needed.
Vote of the Town. Board: Ayes: Justice Edwards, 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: Clerk of the Town of Southold be and hereby
is authorized to advertise for bids for 10, 000 ft . of Snow Fence,
more or less as may be needed.
Vote of the Town Board: Ayes : Justice Edwards , Councilman
Murphy, Councilman Murdock, Councilman Nickles , Supervisor Pell.
10 . Moved by Councilman Murdock, seconded by Justice Edwards, it was
RESOLVED that the Town Clerk of the Town of Southold be and hereby
is authorized to advertise for bids for 300 tons of Grade No. 1
190 JULY ?, 1982
Cayuga (or equal) Rock Salt delivered in bulk, more or less as may
be needed.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, 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 accept the
bid of Malvese Equipment- Company, Inc. for supplying the Town of
Southold with one (1)' Ford 4610 Tractor withright side mot.t inter-
stater at the bid price of $28, 700. 00.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED..
COUNCILMAN NICKLES: (Resolution No. 12) I ' ve got a question on
this one. Why are we going with Ballan instead of Otis Ford?
(4 door 1982 Ford LTD Victoria sedan) .
JUSTICE EDWARDS: They can' t deliver until. December--and it ' s an 183.
COUNCILMAN MURDOCK: Yes, and it ' s $1100. 00 cheaper than the ' 82.
JUSTICE EDWARDS: $1100. 00 or $1000. 00?
COUNCILMAN NICKLES: $11, 298. 00 and $10, 866. 00.
SUPERVISOR PELL: $500. 00 cheaper. All right , take out your bid
specs and see what he bid for.
COUNCILMAN NICKLES: Wasn' t this discussed this morning?
SUPERVISOR PELL: A 4 door 1982. The bid was for a 4 door 1982 or
equal.
JUSTICE EDWARDS: Now what ' s the difference between a Ford Crown
and an LTD? Between a Victoria and an LTD? They're both. Vidtorias.
SUPERVISOR PELL: Ray recommended this morning--he reviewed -:the bids--
and :said to go with Ballan.
TOWN ATTORNEY TASKER: Are they both the same car?
SUPERVISOR PELL: One' s an ' 83 and one' s an 182, Bob.
TOWN ATTORNEY TASKER: The same type, same model?
COUNCILMAN MURDOCK: One says a Ford LTD Victoria 4 door sedan and
the other one says a Ford Crown Victoria.
TOWN ATTORNEY TASKER: He' s picking the higher
g g priced car.
COUNCILMAN MURPHY: Ballan says delivery by August 1st .
JUSTICE EDWARDS: It ' s $400. 0.0 difference.
COUNCILMAN NICKLES: I think for 30 days we are going to spend an
extra $400. 00. I think there has to be .a better reason than that .
JUSTICE EDWARDS: What' s the difference in mileage taking it to
Quogue and taking it to Greenport for the warranty work and so forth.
COUNCILMAN MURDOCK: They do most of the work in-house anyway.
COUNCILMAN MURPHY: There' s no big deal on that.
COUNCILMAN NICKLES: I think I was. out. of the room this morning, did
any of you fellows question him on this?
COUNCILMAN MURPHY: Yes. He said that this was an 182 and the other
one couldn ' t be delivered until September.
JUSTICE EDWARDS: It doesn' t say when in September, it could be two
months difference.
.TOWN ATTORNEY TASKER: Does the bid dpecify when delivery is?
COUNCILMAN MURPHY: By August 1st.
JULY 7, 1982 191
TOWN CLERK TERRY: Delivery on th'e ' 83? is September. Delivery on
the ' 82 is August 1st.
TOWN ATTORNEY TASKER: . j�'hat did the bid requirements call for?
COUNCILMAN MURPHY: The requirements said delivery by August 1st , 1982.
Wheel base 114 inches, air conditioning, tinted glass---
TO�YN ATTORNEY TASKER: You get a newer car, a car a year newer for
$500. 00 less and you' re rejecting it?
COUNCILMAN NICKLES: The only difference I see is that the specs
call for deliver by. August 1st and the other one is September. There
has to be a good reason. I don' t think the Town Board has the
prerogative to reject the lowest bidder without some---
SUPERVISOR PELL: Let ' s wait and talk to Mr. Dean. We' ll wait on this
one until----
COUNCILMAN MURPHY: Let ' s see if the cars are the same, Bill.
SUPERVISOR PELL: Well, we don' t have Ray here to explain why he
said this today and we will just wait until we meet again. We have
time, we just opened these bids and have 45 days.
JUSTICE EDWARDS: Maybe go to Ballan and see what he would charge
for the same model.
COUNCILMAN NICKLES: I don ' t think we can do that. We went to bid
and that' s it. If we have to bid again then we' ll go out to bid
again. Once we ' ve got the bid we either accept one of these bids
or reject all of them and then go out to bid again. We can' t go
back and negotiate.
SUPERVISOR PELL: Number- 12 we are going to wait on. Moving on to
Number 13.
Moved by Councilman Murdock, seconded by Councilman Nickles,
WHEREAS, Knights of Columbus Marian Council #3852 , Cutchogue, New
York has applied to the Town Clerk for a Bingo License, and
�VIIEREAS , the Town Board has examined the application and after
investigation, duly made findings and determinations as required
by law,
NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby
is authorized and directed to execute on behalf of the Town Board
of the Town of Southold the findings and determinations as required
by law, and it is further
RESOLVED that the Town Clerk be and she hereby is directed to issue
a Bingo License to Knights of Columbus Marian Council #3852 , Cutchogue,
New York.
Vote . of the Town Board: Ayes: Justice Edwards, Councilman
Murphy , Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared .duly ADOPTED.
14. Moved by Justice Edwards, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold allocate
$1 , 200. 00 from the Publicity Fund -for the payment of 'posta;Fe for
the Southold Town Promotion Commit-tee.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED .
Moved by Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold amend Highway
Item I - DR5112. 4 'of the 1982 Budget in accordance with Consolidated
Highway Improvement Program as directed by New York.-State Department
of Audit and Control. The budget amount of $76, 974. 00 should be
correctly assigned to DR5112. 2.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
16. Moved by Councilman Murdock, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold authorizes
the transfer of $11, 620. 00 from Item I Unexpended Balance to
Hi.ghway Improvement Contractual DR5112. 4.
192 JULY 7, 1982
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
17 . Moved by Justice Edwards, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold approves the
transfer of the following funds within the Fishers Fsland' Ferry
District 1982 Budget: From: Operations Ferry - $4, 544. 00 and
Lengthening Olinda - $120., 000._00-Total $124, 544. 00, To: New York
State Retirement - $4, 544. 00 and Capital Projects - $120, 000. 00-
Total $124 , 544. 00.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
18 . Moved by Councilman Murphy, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold authorizes
the transfer of $150. 00 within the Federal Revenue Sharing Budget
from CF9901. 9 to CF9015. 2 - Generator .
Vote of the Town Board: -A-yes: Justice Edwards, Councilman
'Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
19 . Moved by Justice Edwards, seconded by. Councilman Nickles,
WHEREAS, a petition was received from Nicholas Schick requesting
a change of zone on certain property at Orient , New York, said
petition for a change of zone from "A". Residential and Agricultural
District to "M-1" General Multiple Residence District, now, there-
fore,be it
RESOLVED that the Town Clerk of the Town of Southold be and she
hereby is directed to transmit 'this ap'pl•ibation to the Planning
Board in accordance with Article XV, Section 100-150(B) of the
Code of the Town of Southold.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
;Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
20. Moved by Councilman Murdock, seconded by Justice Edwards, it :.was
RESOLVED that the Southold Town Board declare itself Lead. A`gericy
in regard to the State Environmental Quality Review Act .in the
matter of the application of Nicholas Schick for a change of zone
from "A" Residential and Agricultural District to "M-1" General
lultiple Residence. District on certain property located at .Orient ,
New York, and request the submission of a long Environmental
Assessment Form.
Vote of the Town Board: Ayes: . Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Resolution No.' 21 is being held for further
discussion with Planning Board Chairman Henry Raynor.. (Accept
$6, 600. 00 from developers of Greenbriar Acres in lieu of Park
and Playground area. )
22. Moved by Councilman Murdock, 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, .hiain Road , Southold, New
York on the 20th day •of July, 1982 at 3: 30 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 LAW 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 92-41 thereof by adding thereto the
following:
Name of Street Side Location
Youngs Avenue East At Southold from the southerly
curbline of Route 25 southerly
for a distance of 181 feet .
JULY 7, 1982 193
Equestrian Avenue , Northwest ` "A�t"Fishers Island between
Fishers Island Electric Company
utility poles Nos, 28 and 29 .
II. This Loc/U. Law shall take effect immediately.
Vote of the Town Board: Ayes:. Justice Edwards, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pella
This resolution was declared duly ADOPTED.
Councilman Townsend arrived at 8: 00 P. M.
Moved by Justice Edwards, seconded by Councilman Murdock,
WHEREAS, the Southold Town Board held a hearing. at 11: 00 A.M. ,
July 7 , 1982 in the matter of Notice to Christine Reese, Ronald
Reese and Harold Reese , Jr . pursuant to Chapter 90 of the Code
of the Town of Southold relative to a structure located on the
northerly side of Main (.State) Road, Orient , New York, which was
determined to be structurally unsafe and dangerous by Building
Inspector Edward , Hin ermann, now, therefore, e it
RESOLVED that as a result of said hearing on July 7 , 1982, the
Southold. Town Board has determined that the structure owned by
Christine Reese, Ronald Reese and Harold Reese, Jr, has been made
structurally safe and is no longer dangerous or constitutes a
hazard to safety by reason of inadequate maintenance, dilapidation,
and abandonment. In particular, the aforesaid owners have caused
the windows, doors and roof of the building to be boarded up -and
as such does not constitute an attractive or dangerous situation
to health .and safety, and it is further
RESOLVED that as a condition of this determination, the Town Board
orders that a sufficient number of "No Trespassing" signs be erected
on and around the building as a measure of safety for the residents
of the Town of Southold, and said signs shall be erected within
ten (10 ) days from. this date, July 7, 1982,
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 Nickles, seconded by . Councilman Murphy,
WHEREAS, a proposed Local Law No. 4 . - 1982 was introduced at a
meeting of this Board held on the 22nd day of June, 1982 , and
WHEREAS, a public hearing was held thereon by the Board on the
7th day of July, 1982 , at which time all interested persons were
given an opportunity to be heard thereon,
NOW, THEREFORE, BE IT RESOLVED that Local Law No. 4 - 1982 be
enacted as follows:
LOCAL LAW NO. 4 - 1982
A Local Law to amend Chapter 92 of the Code of the Towri of
Southold in relation to traffic regulations.
BE T 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 Intersections) 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 'Vest 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 West 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 from 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. & . . In Southold from the
7: 00 a.m. guard rail at the
southerly terminus,
northerly for a distance
of 100 feet.
194 JULY 7, 1982
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.
25. Moved by Councilman Murphy, seconded by Councilman Murdock,
WHEREAS , a proposed Local Law No. 5 - 1982 was introduced -at a
meeting of this Board held on the 22nd day of June, 1982, and
WHEREAS , a public hearing was held thereon by the Board on the
7th day of July, 1982, at which time all interested persons were
given an opportunity to be heard thereon,
NOW, THEREFORE, BE IT RESOLVED that' Local Law No. 5 - 1982 be
enacted as follows:
LOCAL LAW N0. 5 - 1982
A Local Law Providing for the Taking 'of' Shell'fi'sh in Town Waters.
DE 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 follows:
§ 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.a-mended
to read as follows:
SHELLFISH - Clams, scallops, oysters, blue claw crags, mussels, peri-
winkles and conchs.
IV. Section 77-201 (Definitions) is amended by adding the following:
TAXPAYER, - A person ti=.rho owns real property as shown on the,-;assessment
roll of the Tovin of Sou hold.
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 or 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 obtai:ing a permanent resident or
tat:payer Is permit therefor. from the Town Clerk of the Town of Southold.
VII. Subdivision D of Section 77-202 is amended to read as follows:
D. Shellfish may be taken frcm town waters for noncommercial purposes with-
out obtaining a permit therefor by a guest when accompanied by a nermanent resident
«. ,whozia uweiiino such guest occuries 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:
JULY 7, 1982 195
G. Shellfish may be taken from town.:.waters for noncommercial purposes by
a permanent resident under the age of fourteen (14) years without obtaining 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.
XI. 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. 00) 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.provis.ions 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.
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 (5) bushels
of scallops 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 ten (10) bushels of scallops in one (1) day for commercial
purposes.
XV. Subdivision D of Section 77-205 is amended to read a's 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 «mended 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:
196 JULY 7, 1982
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.
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.
XXI. This Local Law shall take effect August 2 , 1982.
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 Murphy, it was
RESOLVED that a recess be called at this time, 8: 00 P.M. , for the
purpose of holding a public hearing in -the matter of the application
of Stephen Shilowitz fora change of zone at Greenport .
Vote of the Town Board: Ayes: Justice Edwards,. Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell .
This resolution was declared duly ADOPTED.
Meeting reconvened at 8: 05 P.M.
26. ;Moved by Councilman Murdock, seconded by Councilman Nickles,
WHEREAS, Stephen 'Shil'owitz, by application dated May 12, 1982
petitioned the Town Board of the Town of Southold for a 'eb'ange
of zone on certain property situated at Greenport; Town of
Southold, New York, "from "C" Light Industrial' Di"str'ict' 't"o
Light ;Multiple` Residence District , and
WHEREAS, the said petition was referred to the Southold Town
Planning Board and the Suffolk County Department of Planning
for official recommendation and report, and
WHEREAS, the Town Board, pursuant to due notice, held a public
hearing thereon on the 7th day of July, 1982, at 8: 00 P.M. , at
which time all interested persons were given an opportunity to
be heard, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby grants
Stephen Shilowitz the 'relief' demanded in said petit'i'on for a change
of zone from ",C" Light Industrial District to "M Light Multiple
Residence District on certain property situated at Greenport , in
the Town of Southold, New York, and more particularly bounded and
described as follows: BEGINNING at a point on the southerly
boundary-line of Village of Greenport on the westerly line of
land now or formerly of Harvey, being the southeasterly corner
of the upland portion of land about to be conveyed to Shilowitz;.
thence along said land now or formerly of Harvey S. 29005140"tit'. 0. 39
feet; running thence through the waters of Peconic Bay, three
courses: (1) S..43°301W. 100 feet; thence (2) N. 46030' W. 340 feet,
more or less; thence ('3.) N. 33043' 2011E. 106 feet , more or less, to
land now or formerly of Braun; thence along said other land about
to be conveyed to Shilowitz, S.46030' E. 355. 53 feet to the point
of beginning. (_Amendment "No. 115)
Vote of the Town Board: Ayes: . Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman'
Nickles. Abstaiw Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Does any-.Board member have anything else they
would like to bring up?
COUNCILMAN TOWNSEND : I' d just like to express my apologies. I.
misread the hearing time as the meeting time, so I was here late.
c K
JULY 7 , 1982 197
.Moved by Justice Edwards, seconded by' 'Councilman Murphy, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 8:10- 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, erry
Southold Town Clerk