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HomeMy WebLinkAboutTB-10/19/1982 292 SOUTHOLD TOWN BOARD OCTOBER 19, 1982 WORK SESSION 8: 30 A.M. - The Board began reviewing the agenda. EXECUTIVE SESSION 9:00 A.M. - The Board met- with Richard F. Lark to discuss his position as Special Attorney for the Town of Southold. WORK SESSION 9: 40 A.M. - Community Development Director James McMahon met with the Board to inform them that the Env.ironmerit'a'1 Review- on the landfill site should be completed by the end of this week; gave an update on the Year VII rehabilitation projects which were to start on October 18th; stated the 7th, 8th and 9th Street road improvement project is complete; he is now working on planning the Year IX proposed projects. 9:50 A.M. -. The Board resumed reviewing the agenda. 10: 20 A.M. - Robert Holzmacher , Harold Dombeck and Don Sioss of Holzmacher, McLendon and Murrell , P.C. met with the Board to discuss outstanding bills for engineering services on the Sound Avenue road project and Street Lighting Program. The total to date of outstanding bills is $15,999. 94; , $702. 00 is ' owed to April on the Street Lighting Program, and approximately $10,700. 00 on the Sound Avenue Project . Councilman Murdock explained the budgetary process for state and federal funding whereby moneys are not provided to the Town in advance and the Town has never promised to use up-front money for these services. The Board questioned H2M on the cost overruns for engineering services. Mr. Sioss advised the Board there is expected to be an additional _ ____$5, 000.00 in engineering services for the Sound Avenue Project . The Board was also advised that H2M, in consultation with Superin- tendent of Highways Dean has determined that it would not be feasible to do the final paving of the Sound Avenue Project this fall . The drains and temporary surface must be installed and allow for change in temperature and settling. They would like to do the final paving in the spring. The only catch is that the bid has been let .and bids received for paving this fall. Mr. Sioss stated he would contact the lowest bidder to determine whether he would be willing to do the job in the spring and hold the price as bid.-.-Air. Dombeck advised the Board that the Town of Southold is definitely in the 1983 funding for the Wastwater Disposal Project and if anybody drops off the 1982 list Southold will replace them and receive the funds . Plans and specifica- tions must be completed by the end of March to keep to the required schedule. The Board must recommit themselves to the schedule or they will be dropped from the priority. list .--Councilman Murdock advised Mr. Holzmacher and Mr. Dombeck of the Board' s unhappiness with what appeared to be Gary Loesch withholding information on the Town' s status on this project . Mr. Dombeck 'assured the Board that Mr. Loesch never withheld information. H2AI was not aware that the State was revising the priority "list and therefore could not fight to keep Southold' s place on the list. 12 Noon - Merlon Wiggin met with the Board to advise them that municipal solid waste plant energy credits will expire the end of December and will not be renewed. To take advantage of the credits the Board must have a contract by mid-November. Mr. Wiggin was 293 OCTOBER 19 , 1982 told this was an impossibility.--Mr. Wiggin also advised the Board that Solwin� is very much interested in putting a windmill farm at the landfill site. Solwin will need an easement and height variance. They will do a methane study and there will be profit sharing with the Town, as well as employment of 50 to 75 employees. Solwin has already been advised to . submit a comprehensive proposal to the Town for study. 12: 10 P.M. - William Price, Sr. , McMann-Price Agency met with the Board to discuss the proposed Laurel Lake Fishing Access Site by the State on Town property. The Town Attorney recommended that the State provide the Town with hold harmless insurance coverage: Mr. Price said the underwriter could probably cover the Town under a parkland rating. Mr. Price with check all of this out further and have additional information at the November 9th meeting. 12:20 P.M. Lunch. 2: 10 P.M. - Work Session resumed with a meeting with a delegation of eight people from Captain Kidd Estates who asked the Board to establish a water district in that area and suggested using Community Development funds for that purpose. The Board -will have to determine if this is a legal use of the funds. Supervisor Pell asked the Captain Kidd people to give the Board 30 days to research this proposal. 2: 25 P.M. - Gladys Csajko and Joan Groneau of the North Fork Animal Welfare League, Inc. met with the Board to discuss the letter from Greenport Village Mayor George Hubbard relative to the League enforcing the leash law in Greenport . Supervisor Pell advised Mrs. Csajko and Mrs. Groneau that a letter is being sent to Mayor Hubbard.,advising him that the Town is enforcing the Agricultural and Markets Law in the Village of Greenport and has been doing so for some time. EXECUTIVE SESSION 2.: 45 P.M. - The Board met with Alan Borko of Pari T.ech:,M9nage--sent Energy Division, Mr. and Mrs. Jacinto of the Federal :Conservation Group and Mr. Hassler and Mr. Timm of the C.P. Chemical Company, Inc. to discuss the test reports for suspected formaldehyde gas vapors at the Senior/Youth Center, Peconic. All test's indicated that ghe gas concentrations are considered to be norma-l. ambient air concentrations and a hazard does not exist to health. The Board discussed reopening the Center- which had been closed on October 14th. . REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tuesday, October 19, 1982 at the Southold Town Hall , Main Road, Southold, New York. Supervisor Pell opened the meeting at 3: 00 P.M. with the Pledge of Allegiance to the Flag. Present : Supervisor William R. Pell , III Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Moved by Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the minutes of the Southold Town Board meetings of October 5, 1982,. Regular Meeting, and October 14, 1982 , Special Meeting, 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. OCTOBER 19 , 1982 294 Moved by Councilman Murdock, seconded by Councilman Nickles, it -was RESOLVED that the next regular..,:me;et,ing.;:,of the Southold Town Board will be held at 7: 30 P.M. , Tuesday; November 9, 1982 at the Southold Town Hall , Main Road, Southold, New York. Vote of the Town Board: Ayes: , Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. I . REPORTS SUPERVISOR PELL: The following reports are on file in the .Town Clerk' s Office and anyone wishing to review them can do so at the same. 1. North Fork Animal Welfare League, Inc. (September 1982) . 2. Board of Town Trustees (September 1982) . 3. Long Island Cablevision (September 1982) . 4. Justice Tedeschi ' s monthly report (September 1982) . 5. Assessor ' s monthly report (September 1982) . 6. Police Department ' s monthly report (September 1982) . 7. Judge Edwards ' monthly report* (September 1982) . 8. Councilmen' s reports. Councilman Townsend, anything to report? COUNCILMAN TOWNSEND: Just that as soon as the election push is over I 'm meeting with John Berryman on the Landmark Ordinance again to see if we can work out something and see what he would agree to. ; SUPERVISOR PELL: Councilman Murdock. COUNCILMAN MURDOCK: On Sunday I attended the meeting of the Southold Town Fire Commissioner ' s Association. They invited the Town Board to attend that meeting. Generally when we get invited to attend a meet- ing it ' s because somebody has- a complaint and their complaint deals with the portable kerosene heaters . We have been in communication between theSupervisor ' s Office and the As since the first of the year and they objected to the Town Board changing the Town Building Code in that we allow portable kerosene heaters . We changed the Town Building Code to agree with the Fire Code the Town of Southold adopted and the New York State Fire Code that was adopted subsequent to that. We felt that two codes did allow and one code did not , so we changed the one code that did not . I told the Fire Commissioners if it were the position of the fire service in the Town of Southold that they still feel that it ' s a matter of public safety , that they should organize themselves and as well as the other fire organization ., which is the Fire Chief ' s Council in the Town of Southold, . and bring that information forward to the Town Board with the recommendation that we ban portable kerosene heaters in the Town of Southold and if they think that that is the prudent thing to do, I 'm very sure that this Town Board would probably ban these heater.s *in the interest of fire safety and personal safety. This Town Board represents or tries to represent the will of the people and if it ' s the will of the people of this Town that we do not use portable heaters I think this Board would be glad to change our existing code. They purport that they will do that , so we should hear more from them. And their other complaint deals with, again, the Village of Cutchogue, it was moved by the Cutchogue Fire Department , they 're still upset with people parking in the "No-Parking" zones coming off of the Main Road adjacent to Nolan' s Market . They feel it is a hazardous con- dition. They haven't gotten the action on it that they would like to see and I told them I would report that to the Board, which I did in the earlier session. Thank you, Bill . SUPERVISOR PELL: Thank you. Councilman Nickles. COUNCILMAN NICKLES: I ' d just like to bring everybody up to date on the situation at the Senior Citizens/Youth Activities Building in Peconic. As you all know I recommended to the Board,at a special meeting last Thursday evening,that we close the building for occupancy until we could have further tests done or accurate tests done to determine the exact amount of formaldehyde vapors within the Senior Citizen/Youth Building. The Town Board, acting prudently I think, did close the building and authorized the expenditure of hiring a pribate laboratory to come out and test for formaldehyde vapors, which they did on Saturday. They have just been given the report within the last half hour, plus a letter from the Suffolk County Board of Health relative to the results of our private lab testing and I believe some time later in the meeting we' ll. discuss 295 OCTOBER 19, , 1982 this further and make a recommendation at that time whether we're going to keep , the building closed or open it . We did meet with the chemical parent company of Tripolymer , which is the C. P. Chemical Company, earlier here, you may have observed us in Executive Session. They had just been to the building and were making a report to us along with Pan Tech, our consulting firm. So all that information has come before them in the last half hour and later on in the day a determination will be made as to when we are going to open the building and what remedial actions will be taken there. SUPERVISOR PELL: Thank you. Councilman Murphy? COUNCILMAN MURPHY: Thank you, Bill . Judge Edwards and myself last Thursday attending one of the last meetings of the Suffolk County Water Studies Alternate Methods of Supplying Water. We should be — get.t.ing the written report , I hope, in about two weeks giving us a 1. breakdown of the cost involved in .the cost involved in the various methods of supplying water and protecting our water. I think this is coming at a perfect time where we could use this information .to incorporate in the Master Plan and to help the Planning Department in their decisions. SUPERVISOR PELL: Judge Edwards? JUSTICE EDWARDS: Nothing from this end. SUPERVISOR PELL: The only thing I have to report is I must ask the Village of Greenport to start to negotiate with us for the fire hydrants that are outside the Village limits that are the responsibility of the Town., This year will end a four and a half year contract we have with them, so to sit down and negotiate with them I will ask Joe and Larry to meet with the proper Village officials and I will so notify them to make a report back to the Board as soon as they can. Joe, remember now that, you represent the Town and not the Village as Mayor. II . PUBLIC NOTICES - None III . COMMUNICATIONS SUPERVISOR PELL: 1. Request to the Southold Town Board by the -- Southold Town Promotion Committee to put $5,000. 00 in the Town .Budget for them. 2. From H2M giving us information on our solid waste up at the landfill. How much tonage is going in and bringing us up to date on that so we can go out to RFP, request for proposals: 3. Street light request Adrian C. McCall. 3. (a) Another street light request - 0. B. Pesci . 4. Conditions of a sidewalk which Mr. Dean has already taken care of - Ralph M. Asselta. - 5. Request to name the section of 25 that was abandoned, or will be by the State of New York, up in front of the Laurel School. to be Franklinville Street , Lane or Road. They would like the Town to rename that section of 25 that goes around by two or three stores they have there and by the school. 6. Report on our building that Councilman .Nickles spoke to you about and we are working on that now and will be doing something about that later. (Senior/Youth-Center) 7. Another streetlight request - Josephine Sellars. 8. Petition signed by " 50 people from the Captain Kidd Water District area up there .requesting the Town to intercede on their behalf and perhaps set up a water district . We did discuss this. The people were in, a group of them were in today, and we asked them to bear with us for another couple of weeks until we see what the result of a report that ' s going to come back that Frank mentioned ,, before. That, will be back on the agenda in about a month. 9. A report notifying us that one our town employees, Magdaline Goodrich, will receive an award October 30th for outstanding work she has done in her field. It ' s a county award and we are very proud of Mrs. Goodrich. 10. A two-fold thing, first the Southold group of senior citizens requests that' the Town look into putting a .flag pole outside of the building up on Peconic Lane and secondly, it wants to thank the Town ",Board for all� the- effort they have put into the building to make it a fine place for them to meet and carry on their activities. 11. From New- York State in reference to allowing their planning boards to do cluster zoning. We already do this in the Town. 12. From the D.E.C. saying they were in error taking the Greenport Village and the Town of Southold off of the priority list where they OCTOBER 19, 1982 296 took us from number two and put us down to number 23 on the 201 6cavengei- Waste Project we have .going The],Town:.Board did discuss this with H2M today and it goes back' on 'November 14ih to go into . it in more detail. 13. Letter from our County Legislator , Gregory Blass informing us of the development rights in the County of Sarasota, upstate, what is going on there . I 'm going to stop right now before we get to Number 14 and go into public hearings. At this time I will ask for a recess for the necessary time it takes. Moved by Councilman Murdock, seconded by Councilman Murphy, it was RESOLVED that a recess be called at this time, 3: 00 P.M. , for the purpose of holding five wetland hearings. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. IV. PUBLIC HEARINGS Wetland Applications: 3: 30 P.M. - Costello Marine Contracting Corp. on behalf of Paul Birman. 3: 35 P.M. - Costello. Marine Contracting Corp. on behalf of Anthony Prisco. 3: 40 P.M. - Enconsultants, Inc. on behalf of Robert Munch. 3: 45 P.M. = Enconsultants, Inc. on behalf of Felix Alfano. 3: 50 P.M. - Mary Jane Gross. Meeting reconvened at 4: 00 P.M. III . COMMUNICATIONS (Continued) . SUPERVISOR PELL: 14. Letter from Supervisor of Riverhead Town asking us to go ahead with their township in opposing the. taking over of the assessment roll by the County of Suffolk which the Board will do. 15. (a) .We have no problem with - Sense of the County Legislature - urging limited industrial development of. land in hydrogeologic zone 3, 208 study. 15. (b) We will put it on the agenda on November 9 to go in opposition to the request by Legislator Foley - Sense of the Suffolk County Legislature - encouraging local municipalities to provide . public water to contaminated areas. 16. From our County Exec informing us of some $3 million dollars in federal funds that could become available, it ' s a part of it , to the municipalities , and the grands for development of Local Waterfront ' Programs. To be turned over to Jim McMahon who will look into it and get back to us. 17. From the Mayor of the Village of Greenport and I will ask Councilman Murphy to explain it . COUNCILMAN MURPHY: This letter is from Mayor George Hubbard asking us to do something that the Town has been doing for quite some time and we will continue doing it , it is policing their dog problem under the Agricultural and Markets Law which we are doing and will continue doing. V. RESOLUTIONS SUPERVISOR PELL: Resolution No. 1 we are going to wait until November 9th, we are not ready to act upon that request . The information we need did not come in today about insurance. ' We will have it by November 9th and act upon it at that time. 2. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617 , Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project , which is unlisted, will not have a significant effect on the environment . Description of Action: Application of Enconsultants , Inc. on behalf of Edwin M. Latson for a Wetland Permit to construct a timber bulk- head with two returns and backfill with cneal sand fill at private right-of-way off Island View Lane , on an unnamed creek at Conkling Point , Greenport , New. York. 297 OCTOBER . 19�, 1982 I The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation , it is assumed that there is no objection nor comments by that agency. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy , Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 3. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold set Tuesday, November 9, 1982, Southold. Town Hall , Main Road, Southold, New York for hearings upon the following wetland applications: 3:00 P.M.upon application : of Enconsultants , Inc. on behalf of Peter Sterling to construct timber dock, catwalk, ramp and float at Harbor Larne, on Eugenes Creek, Cutchogue, New York. 3: 05 P.M. upon application of Enconsultants , Inc. on behalf of Edwin M. Latson to construct a timber bulkhead with two returns and backfill with clean sand fill at private right-of-way off Island View Lane, on an unnamed creek at Conkling Point , Greenport , New York. Vote of the Town- Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy , Councilman Murdock, Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. 4. Moved by Councilman Nickles, seconded by Counci man Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby approves the execution of an agreement by Supervisor William R. Pell, III between the town of S`ou_t_E`oIT and The American Appraisal Company for annual continuous service of- fixed assets appraisal at' a cost of $660.00. Vote of the Town Board: Ayes: Justice Edwards ,.' Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared. duly ADOPTED. 5. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to 'the State Environmental Quality Review Act in the matter of the application of Enconsultants, Inc. Ion behalf of Lagoon Association for a Wetland .Permit on certain property located on Wunneweta Lagoon , off Peconic Bay, Cutchogue, New York. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. . 6. Moved by Justice Edwards , seconded by Councilman Nickles, WHEREAS, there has been introduced at this meeting of the Southold Town Board a -Local Law to amend the Southold Town Zoning Code which reads as follows: LOCAL LAW . A Local Law to Amend the Zoning Code of the Town of Southold BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 of the Code of the Town of Southold is hereby amended as follows: (additions are indicated by underline; deletions by [brackets]) I. Article I is amended by additing thereto a new section, to be Section 100-9 to read as follows: Section 100-9. Title This chapter ;shall be known and may be cited as the "Southold Town Zoning Code". II. Section 100-1�0 of Article I. is amended by adding thereto a new subdivision to .be subdivision J'.to read as follows: J. To make provision for, so far as conditions may permit, the accommodatior of solar energy systems and equi ment and access to sunlight necessary theme OCTOBER 19 , 1982 298 III. Article I. Section 100-13, ;.Subdivisi;o.n., .:(Definitions) is amended by amending the following terms to read as follows: BASEMENT - A story [in] of a building [, the .structural ceiling level of which is four (4) feet or more] partly below the finished grade level which, has more than one-half (1/2) of its height, measured from floor to ceiling, above the average [level of] established curb level or [the] finished grade [where such grade abuts that exterior wall of such building which fronts on any street, and the floor level of which is below finished grade at any point on the periphery] of the land immediately adjacent to. the building. CELLAR - Any space in a building [; the structural ceiling level of which is less than four (4) feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street., A "cellar" shall not be considered in determining the permissible number of stories] partly below the finished grade level, which has more than one-half (1/2) of its height, measured from floor to ceiling, above the average established curb level or finished grade of the land immediately adjacent to the building. FLOOR AREA - The sum of the gross horizontal areas of [the several] all floors of the building or buildings on a lot, having a clear height of not less than six (61) feet, measured from the exterior faces of exterior walls or from the center line of party walls separating, two (2) buildings, [excluding] including cellar and base- ment areas. [used only for storage or for the operation and maintenance of the building. ] FLOOR AREA, LIVABLE - All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars,- heater rooms and approved basements having a window area of less than ten percent (105) of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as: principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six (6) feet from finished floor level to pitch of roof rafter with a clear height of seven (7) feet six (6) inches from finished floor level to ceiling level over fifty percent (501o) of the area of such attic space. HEIGHT - The vertical distance measured from the average elevation of the finished grade [at the front] of the land immediately adjacent to the building to the highest point of the roof for flat and mansard roofs, and to the.mean height between eave and ridge for other types of roofs. HOME OCCUPATION - This shall be understood to include the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practioners of a similar character, or rooms used for "home occupations" including home baking, millinery or similar handicrafts, provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides, [or in a building accessory thereto] and pro- vided, further, that no goods are publicly displayed on the premises and no sign or advertisement is shown other than a sign not larger than two (2) square feet in total area, bearing only the name and occupation (words only) of the practitioner. STORY, HALF - Any space with a minimum clear height of five (51) feet partially within the roof framing where the clear height of not more than fifty percent (50%) of such space between the top of the floor beam_ s and the structural ceiling level is seven (7) feet six (6) inches or more. STRUCTURAL ALTERATION - Any change in the supporting members of a building, such as beams, columns [or] , girders [. ] , footings, foundations or bearing walls. IV. Article I, Section 100-12, subdivision B, (Definitions) is amended by adding thereto the following new terms: ALTERATION - As applied to a. building or structure, means a change or rearrange_ ment in the structural parts or in the exit facilities, or an enlargement, whether extending on a side or by increasing in height, or the moving from one location or position to another. 299 OCTOBER 19 , 1982 BUILDINGIAREA - The aggregate of the maximum horizontal cross section of the buildings on a lot, measured between the exterior faces of walls The term "Building Area" shall include the following- (1) Balconies. (2) Terraces; patios, decks and other structures above the finished grade. (3) Swimming pools, tennis courts and other similar structures. The term "Building Area" shall exclude the following: (1) Cornices, eaves', guttz' chimneys and fire places• projecting notymore than twenty-eight (281 inches from exterior walls (2) Steps and open porches projecting not more than five (51) feet from exterior walls and having an. area of not more than thirty (30) square feet. (3) First story bay windows projecting not more than three (31) feet from exterior walls, and exterior cellar doors projecting not more than six (61) feet from exterior walls. CONDOMINIUM - A building or buildings the dwelling _units of which are individua-7 owned, each owner receiving a deed enabling him to sell, mortgage or exchange his dwelling unit independent of the owners of the other dwelling units in the building or buildings. LOT COVERAGE That percentage of the lot area covered by- the buildings area YARD - An open space, other than a court, on the "same lot with-awiilding, which is, exclusive of trees, shrubs, and natural rock formations, `uno'ccL:--_ed and unobstructed from the ground upward. V. Section 100-30 AWN is amended to read as follows: (b) The keeping, breeding [and] , raising [of fowl, except�.ducks, and large domestic animals] and training of horses, domestic animals and fowl (except ducks) on lots of ten (10) acres or more. VI. Section 100-30 A(2)(c) is hereby repealed and Section 100-30 A(2)(d) is relettered 100-30 A(2)(c), and amended to read as follows: (c) Barns, storage buildings, greenhouses (including plastic covered), and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. VII. Section 100'-30 B is hereby amended by adding a new subsection, to be Subsection 14, to read as follows: 14. Wineries for the production and retail sale of wine produced from grapes primarily grown on the vineyard on which such winery is located. VIII. Section 100-30 C(2) is amended to read as follows: (2) Garden house, toolhouse, storage building, playhouse, wading pool or swimming pool incidental to the residential use of the premises and not operated for gain, subject to the following requirements: IX. Section 100-30 C(2)(a) is amended to read as follows: (a) Any swimming pool shall be completely enclosed with a permanent chain- link ;(or similar type) fence of not more than two-inch mesh, not less than four (4) feet in height,. erected, maintained and provided with a self;closing, [self-locking] self-latching gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more ,than four (4) feet above the ground, then a fence is not required, n O.CTOBER _19, 1982 300 provided that all points of access to said pool are adequately protected by a self-closing, [self.;lock rig,]:.;self-hatching gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one (1) year from such date, .comply with all of the provisions hereof. X. Section .100-30 C(4) is amended to read as follows: (4) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to the following requirements: XI. Section 100-30 C(5) is hereby repealed and the following is added in its place: (5) The keeping of not more than a total of two:(2) horses and/or ponieq ,owned and used by the owner or tenant of the premises for his personal use, pro-. vided that the land devoted exclusively to such use (not forming a part of the yard requirements for any other use) shall not be less than forty thousand (40, 000) square feet for each such horse or pony, and further provided that all buildings shall be located not less than fifty (501) feet from all lot lines. XII. Section 100-34 is renumbered 100-119A and Section 100-35 is renumbered 10.0-119B and the reference therein to Section 100-34 is changed to 100-119A; and Section 100-36 is renumbered to 100-34. XIII. Section 100-34 (as renumbered from 100-36) is hereby amended to read as follows: In the A District, in the case of a lot held in single and separate ownership [on the effective date of this chapter] prior to November 23, 1971 and thereafter, with an area of not less than twelve thousand five hundred (12, 500) square feet and [/or] a width of not less than [the requirements of this chapter] one hundred (1001) 'feet, a single family dwelling may be constructed thereon with rear and side yards reduc( by twenty-five (257o) percent [provided that all other yard requirements are com- plied with. ] , with a front yard set back of thirty-five (351) feet, .or the average setback of the existing dwellings within three hundred (3001) feet therefrom on the same side of the street within the same block, whichever is greater. XIV. Subdivision C of Section 100-50 is amended by adding a new subsection (3), to read as follows: (3) Signs as set forth in Section 100-40C(3) of this chapter. XV. Subdivision A of Section 100-60 is herebyamended to read as follows: A. Permitted uses [. ], subject to site plan approval by the Planning Board in accordance with Article XIII hereof: XVI. Section 100-60A is hereby amended by adding a new subsection, to be subsection (10) to read as follows: ' (10) Single family dwelling units in existing buildings. XVII., Subdivision A of Section 100-70 is hereby amended to read as follows: A. Permitted uses [. ] , subject to site plan approval by the Planning' Board in accordance with Article XIII hereof: XVIII. Section 100-70 A(1)(c) is amended to read as follows: (c) Subsection AM to [(9)] (10), inclusive of Section 100-60. XIx. Subdivision C of Section 100-70 is amended by adding a new Subsection (2) to read as follows: (2) Signs as set forth in Section 100-60 C(2) of this chapter. XX. Subdivision C of Section 100-80 is amended by adding a new subsection (2), to read as follows: (2) Signs as set forth in Section 100-60 C(2) of this chapter. 301 OCTOBER 19 , 1982 XXI. Section 110-112 is corrected to read Section 100-112. XXII. Section 100-121 is hereby amended by adding a new subdivision, to be subdivision D, to read as follows: D. 1 Interpretations. On appeal from an order, decision or determination of an administrative officer, or on request of any town officer, board or agency to decide any of .the following: (1) Determine the meaning of any provision in this chapter, or of any condition or requirement specified or made under the pro- visions of this chapter. (2) Determine the exact location of any district bounc!6:ry shown on the Building Zone Map. XXIII. Section 100-124 is hereby amended to read as follows: Section 100-124 Fees All applications to the Board of Appeals for any relief provided for herein shall be accompanied by a fee of [fifteen dollars ($15)] twenty-five dollars ($25. 00). XXIV. The first sentence of the first unnumbered paragraph of Section 100-136 (Cluster Development) is amended to read as follows: The Planning Board may [approve], in the exercise of its discretion, require cluster developments for one family . dwellings in an A Residential and Agricultural District according to the procedure and.requirements [specified below. ] hereinafter set forth, without the requirement'that the owner make written application for the use of such procedure. XXV. Section 100-136, Subdivision A. Subsection (2) is hereby,'amended '.to"read as follows'• (2) In a cluster development, lot area [, ] shall not be reduced by more than fifty (50%) percent, and lot width, depth, front yard, rear yard and side yarns shall not be reduced by more than [fifty percent ('.5:0%)] thirty (30%) percent of the minimum requirements set forth in the ":Bulk and Parking S the dule". XXVI. Section 100-141, Subdivision A is hereby amended by adding a new sentence thereto to read as follows: If the Building Inspector deems it necessary that plans and specifications be examined to ascertain if the proposed building will comply with applicable building construction, housing and fire codes, he may require that plans and specifications be filed with the building permit application. XXVII. Section 100-141 J(1), (2), (3), (4) and (5) are hereby repealed and the following provisions are added in place thereof: (1) Single family dwellings. (a) New Dwelling and additions and alterations to existing dwelling Twenty-five ($25. 00) dollars, plus five ($0. 05) cents for each square foot of floor area in excess of eight hundred fifty (850) square feet. ('b) Accessory buildings and additions and alterations to existing accessory buildings - Ten ($10. 00) dollars, plus five ($0. 05) cents for each square foot of floor area in excess of five hundred (500) square feet. (2) Farm Buildings and additions and alterations to existing farm buildings - Fifteen ($15. 00) dollars for each building. OCTOBER 19 , 1982 302 (3) Hotels, motels, multiple dwellings, business, industrial and all other buildings. (a) New buildings and additions and alterations to existing buildings - Fifty ($50. 00) dollars, plus five ($0. 05) cents for each square foot of floor area in excess of one thousand (1, 000) square feet. (b) Accessory buildings and additions and alterations to existing accessory buildings - Fifteen ($15. 00) dollars, plus five ($0. 05) cents for each square foot of floor area in excess of five hundred (500) square feet. (4) Foundations constructed under existing buildings - Thirty ($30. 00) dollars. (5) All other structures (i. e. fences, pools, etc. ) and additions and alterations to such structures - Fifteen ($15. 00) dollars. (6) For the purposes of this subdivision J, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. XXVIII. Section 100-144G is hereby amended to read as follows: G. Upon written request and upon payment of a fee of Lfive dollars ($5. )] fifteen ($15. 00) dollars, the Building Inspector shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, certifying such use and whether or not the same and the building conform to the provisions of this chapter. XXIX. This Local Law shall take effect immediately. NOW, THEREFORE, BE IT RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit said proposed Local Law to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor. Pell. This resolution was declared duly ADOPTED. COUNCILMAN NICKLES: There is almost seven -pages , legal pages here of code changes and revisions which the members of the Planning Board, Zoning Board of Appeals, Building Department and committee members from the Southold Town Board have labored over this going back, I think, two years and finally have brought it far enough along where it could be recommended to the Town Board to review, have a hearing and, if suitable with the public, have it adopted. It is an effort into streamlining and to filling in the gaps which. is efforts were made so we could do this now and we don' t have to wait eighteen months for master plan revisions. These are kind of stop-gap measures. 7. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Parent Teachers Association to hold a Halloween Parade on Sunday, October 31 , 1982 at 2 :00 P.M. and use Town Roads for this purpose, provided they secure 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. SUPERVISOR PELL: Number 8 we are going to wait on. No action at this time until November 9th. (Accept bid for resurfacing of Sound Avenue at Western Town Limit . ) 9. Moved by Supervisor Pell , seconded by Councilman Nickles, WHEREAS, the Southold Town Planning Board and Suffolk County Depart- ment of Planning have prepared official reports and recommendations on the application of Nicholas Schick for a change of zone from "A" Residential and Agricultural District to "M-1" General. Multiple Residence District on certain property situated at Orient , New York, 303 OCTOBER 19, 1982 and more particularly bounded and described as follows: Beginning at a point on the ordinary high water line of Long Island. Sound, where the same is , intersected by , the easterly line of Lot No. 6 of the subdivision known as "Lands End", Suffolk County File No. 5909; running thence along said ordinary high water line of Long Island Sound the following thirteen (13) courses and distances: (1) South 40' 25' 36" ,East 42.64 feet ; (2) South 50' 36 ' 45" East 102.. 37 feet ; (3) South 620 11 , 38" East 168.23 feet ; (4) South 73' 47' 43" East 189 feet; (5) South 68' 03 ' 04" East 137.28 feet ; (6) South 72' 19, 46" East 598. 52 feet; (7) South 78' 36 ' 11" East 126 . 86 feet ; (8) South 830 44' 17" East 123. 06 feet ; (9) South 890 11 ' 29" East 378. 47 feet; (10) South 86' 53 ' 58" East 139. 56 feet ; (11) North 86' 09 ' 54" East 133.10 feet; (12) North 81' 06 ' 07" East 340. 80 feet; (13) Nort 77' 20' 09" East 140. 88 feet to land of The United States of America; running thence along said land of The United States of America, South 22' 00' 00" East 136. 57 feet to a point on the ,ordinary high water ,line of Gardiner';s Bay; running thence along said ordinary high water line of Gardiner' s Bay the following three ( 3) courses and distances: (1) South 62' 45 ' 00" West 47. 25 feet ; (2) South 59' 43' 27" West 389. 03 feet; (3) South 56' 27 ' 16" West 191. 61 feet to land now or formerly of James T. Hughes; running thence along said land now or formerly of Hughes, the following three; '(3) courses and distances: (1) North 360 06 ' 50" West 233. 06 feet to' a monument; (2) South 53° 53 ' 10" West 100. 00 feet to a monument ; (3) South 36' 06 ' 50" East 228. 57 feet to a point on the ordinary high water line of Gardiner' s Bay; .running thence along said ordinary high water line the following nine (9) courses and distances: (.l) South 56' 27 ' 16" West 78. 11 feet ; (2) South 56' 36 ' 40" West 387. 48 feet; (3) South 530 09' 01" West 260.15 feet; (4) South 49' 20 ' 18" West 125.70 feet; (5) South 560 01' 15" West 140. 02 feet; (6) South 461 25 ' 28" West 88. 13 feet ; (7) South 53' 40' 50" West 75. 92 feet ; (8) South 63' 18' 18" West 209. 88 feet ; (9) South 590 05' 29" West 108.09 feet to land now or-formerly of George E. Latham, Jr. ; running thence along said land: now <or formerly of Latham, North 33° 40 ' 00" West 159.09 feet- to . a monument and other land now or formerly of Latham; running thence .along.;=said other land of Latham North 20 03' 40" East 200. 20 feet to a pipe .he and zDtr land of Latham; running thence along said other land 'of, Latham .-L'.e follow- ing two (2) courses and distances: (1) Nortli"B°' 03 ' 40" East 534. 19 feet to a monument; (2) South 76' 11 ' 20" Wesi.:343.60 -feet t.o a monument andj and now or formerly of William. G. Wysocki , running thence along said land now or formerly of Wysocki , South. .74° 45' 40" West 203. 85 feet to a monument and land now or formerly of The Long Island Lighting Company; running thence along said ...l.and now or formerly of The Long Island Lighting Company, South 78°- 11 ' 40" West 100. 00 feet to a monument at the easterly line of land of C.S.C. Craneport , Inc. ; running thence along said land of C.S.C. Craneport , Inc. the following two (2) courses and distances: (1) North 8° 04' 40" West 75. 31 feet ; (2) North 89' 25 ' 30" West 210. 73 feet to the westerly line of Lot No. 11 of the subdivision known as "Lands End"; running thence along said lot North 00 57 ' 30" East 142.12 feet to the southerly line of Lot No. 10 of the subdivision known as "Lands End"; running thence along the southerly line of said Lot No. 10 North 82° 48 ' 10" East ' 171.08 feet to a point; running thence still along said Lot No. 10 and along Lots Nos. 9, 8, 7 and• 6 of said subdivision known as ".Lands End" , North 1° 21 ' 30" East 1004.08 feet to the ordinary high waterline of Long Island Sound at the point or place or beginning. Now, therefore, be it RESOLVED that a public hearing will be held by the Southold Town Board at 8: 00 P.M. , Tuesday, November 9, 1982 at the Southold Town Hall, Main Road, Southold, New York on the aforementioned petition, at which time any person desiring to be heard on the above proposed petition should appear at the time and place above so specified, and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to 'cause notice of said hearing to be published in the. official newspaper pursuant to the requirements of law. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 10. Moved by Councilman Murdock , seconded by Councilman Townsend, it was RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for bids for the purchase of scrap metal and and paper from the Southold Town landfill site at Cutchogue, New York for the calendar year 1983. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman-Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. OCTOBER 19 , 1982 304 11. Moved' by Councilman Murphy, ,,seconded,;-:_by Justice Edwards, it was RESOLVED that the Town Clerk be and' she hereby is authorized and directed to advertise for bids for the purchase of (1) Heating Fuel Oil; (2) Diesel Fuel; and (3) Gasoline for the Town of Southold for the calendar year 1983. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell . This resolution was declared duly' ADOPTED. SUPERVISOR PELL: The rest of the resolutions you people do not have on your agenda, but they came up today and the Board felt they should be put on the agenda. We will take them and try to explain them as we go along. 12:' ' Moved by Justice Edwards , seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold allocate $11 , 458. 85 from General Fund Whole Town Surplus Account to New York State Department of Transportation Bond Act Account . Vote of the Town Board: Ayes : Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles , Supervisor Pell . This resolution was declared duly ADOPTED. 13. Moved by Councilman Townsend, seconded by Supervisor Pell , - it was RESOLVED that the Town Board of the Town of Southold authorizes the payment of $11 , 458. 85 to Holzmacher , McLendon & Murrell , P.C. for engineering services incurred for the resurfacing of Sound Avenue at the Western Town Limit project in the amount of $10,756 . 80, and $702. 05 for engineering services incurred for the Town Street Lighting Project . Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. SUPERVISOR PELL: What this is about is paying for , I am -'going to say, up-front money. This money will come back to the Town from New York State Bond Act and when it comes back in it will go into the Whole Town Surplus Account . But the engineering work was done sometime ago and we have to pay our bills, pay our firm, and we cannot get the money in until some of the work is done and bills are in, so we are putting this money up-front , but it will come back in full to the Town Surplus Account . 14. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold authorizes an additional $5, 000. 00 in engineering services by Holzmacher, McLendon and Murrell , P.C. in connection with the Resurfacing of Sound Avenue at the Western Town Limit Project . Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy; Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 15. Moved by Justice Edwards, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold authorizes Holzmacher, McLendon & Murrell ,P.C. to proceed with the Project Initiation Report for .the Federal Aid Rural Secondary Road Systems Program resurfacing of Aldrich Lane, Laurel , at a cost not to exceed $4,000. 00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles , Supervisor Pell. This resolution waschclared duly ADOPTED. SUPERVISOR PELL: Explanation on this one is that the Town Board application put out a request to do Depot Lane, resurfacing it as priority one, and Aldrich Lane as priority two under a federal grant that was made available to the Town, five east end, six east end Towns,a year or so ago. Depot Lane was ruled out . Aldrich. Lane is under consideration. We must take the next step , this is to prepare the specs for the next step. If it is -approved, the Town will receive over $400,000. 00 to resurface that road and this is taking the next step to it . We had made this priority two , but where this is a main connecting route from north to south road the County of Suffolk and the State says this .is number one. 305 OCTOBER 19 , 1982 16. Moved by Councilman Murphy, seconded by Councilman Murdock, WHEREAS, Costello Marine Contracting Corp . on behalf of Paul Birman applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 28, 19'82, 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 19th day of October, 1982, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Costello Marine Contracting Corp. on behalf of Paul Birman be granted permission under the provisions of the Wetland- Ordinance of the Town of Southold to resheath in-kind approximately 40 ft . of bulkhead directly in froftt 'of `"existing bulkhead.-:'.°wn'd fill space between with clean, trucked-in sand at Sunset Way, on Canoe Inlet off Cedar Beach Creek, Southold, New York PROVIDED Spartina grass is transplanted out in the waterways. This permit shall expire on October 19, 1983; there shall be two inspections required; and' the Town Clerk shall be notified when the project is completed. COUNCILMAN TOWNSEND: Normally we would not move on something as fast as this, but since there was no comments pro or con on this thing and it was all pretty well proforma laid out for us I think it ' s okay to go on so far as I 'm concerned. SUPERVISOR PELL: We ' re asking the Board to move on all five hearings we held today. This is number one. COUNCILMAN TOWNSEND: There was no ' comment on any of them. 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 Justice Edwards , seconded by Councilman Murphy , WHEREAS, Costello Marine Contracting Corp: on behalf .of Ant:1_:ny Prise applied to the Southold Town Board for a permit, under' the psi=visions ul the Wetland Ordinance of the Town of Southold, -application ,.,dI ed July 30, 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 19th day of October, 1982, at which time all interested persons were given an opportunity to be heard,. now, therefore, be it RESOLVED that Costello Marine Contracting Corp. on behalf of Anthony Prisco be granted permission under the provisions of the Wetland Ordinance of the Town of' Southold to resheath in king, board for board replacement , approximately 90 ft . of bulkhead directly in front of existing bulkhead and fill space between with clean trucked-in sand at Sunset Way, on Canoe Inlet off Cedar Beach Creek, Southold, New York PROVIDED Spartina grass is transplanted out in the waterways. This permit shall expire on October' 19, 1983; there shall be two inspections required; and'-the Town Clerk shall be notified when the project is completed. COUNCILMAN MURDOCK: I ' d like to make one correction. I think the way this was read was to fill the space between with clean trucked-in sand, I think that applied to when it was four foot , when they originally asked for four feet . COUNCILMAN NICKLES: Resolution to be- passed as application was amended? The next one is the same way. TOWN CLERK: I think you have to understand that the first one-- and they're both side by side on Sunset Way--was directly in front , but you can put a bulkhead directly in front but there' s going to be a little gap and I think you have to put sand in between. I prepared this resolution from the amendment . Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED, OCTOBER 19 , 1982 306 18. Moved by Councilman Nickles, sec'onded' by Supervisor Pell , WHEREAS, Enconsultants , Inc. on behalf of Robert J. Munch applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 3, 1982, and WHEREAS , said application was referred to the Southold Town Trustees ann 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 19th day of October, 1982, at .which time all interested persons were given an opportunity to b.e heard, now, therefore, be it RESOLVED that Enconsultants , Inc. on behalf of Robert J. Munch be granted permission under the provisons of the Wetland Ordinance of the -Town of Southold to. construct a bulkhead entirely above mean "'.�h gh `water mark, catwalk, ramp and floating dock on Matti-tuck Creek at 2790 Westphalia Road, Mattituck, New York. This permit shall expire on October 19, 1983; there shall be two inspections required; 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, seconded by Councilman Townsend, WHEREAS, Enconsultants , Inc. on behalf of Felix Alfano applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August •23, 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 interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Enconsultants , Inc. on behalf of Felix Alfano be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to renovate and expand existing dock to result in fixed elevated catwalk, hinged ramp and float at the east side of Harbor Lane on Eugene' s Creek, Cutchogue, New York. This permit shall expire on October 19, 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. 20. Moved by Councilman Murphy, seconded by Justice Edwards , WHEREAS, Mary Jane Gross applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated June 28, 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 19th day of October, 1982, at which time all interested persons were given an opportunity to be heard, now, therefore , be it RESOLVED. that Mary Jane Gross be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to construct a dock and catwalk -at her property on West Creek extension of Goose Creek, at 275 Sun .Lane, Southold, New York. This permit shall expire on October 19, 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. SUPERVISOR PELL: That ends the agenda prepared for the Town Board today. Does any Town Board member wish to bring anything else up at this time? Joe? (No. ) Larry? (Not now, thank you. ) John? (Yes. )- COUNCILMAN NICKLES: The bill we just received from the New York Testing Laboratories, inasmuch as that resolution was approved 307 { _ . ... OCTOBER 19 , 1982 i last week for $700. 00, can that just be paid or do we need a resolution. TOWN ATTORNEY TASKER: You should pass a resolution. COUNCILMAN NICKLES: They were so cooperative in getting out here immediately , instead of coming the end of this week. 21. Moved by Supervisor Pell, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby approves the payment of $630. 00 to New York Testing Laboratories , Inc. for formaldehyde room air tests performed at the Senior Citizen/Youth Center, Peconic Lane, Peconic, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman. Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. SUPERVISOR PELL: Anything else John? COUNCILMAN NICKLES: Yes, I want to make one other comment . Yesterday we began reviewing the budget that was presented to. the Town Board by the Supervisor and some weeks ago I had read in the paper that the tax rate increase was projected by the Supervisor as being .about 42% , but we find out after a closer look at the budget yesterday that the tax rate increase is a little bit over 9. 1% and I would just like that noted because I hate to take credit for something I didn 't do which is increasing the tax rate which is up--I don' t want to increase the 42/ by 100% to 9% and it was already at 9% , so I ' d like the record to show that from the figures now given to us by the Supervisor in his office yesterday that the tax rate increase in the_,budget as presented to the Town Board is 9% not 42% . SUPERVISOR PELL: Frank? (Nothing. ) Ray? (Yes. ) JUSTICE EDWARDS: Just one comment and this will go into:'ti.•e budget also. There was a meeting a week ago Sunday. on.,Fishers 'which I could not attend, t-he Fishers Island Civic. Assoc-iation, -an-d they ' re very concerned about the overnighters in West 'Harbor and th.eyylre goin to look for more protection out there next summer."and they ':rc ;going to some more meetings before. the first of the. year to get it.; -into- the Code so we can limit the moorings out there and put the moorings down and we' re going to charge mooring fees and there will be money coming in to the Town for this, but we're also going to look for more help in West Harbor to police the area and I 'm sorry that I couldn' t attend that civic association meeting. . There were quite a few people there, the summer residents were there over the Columbus holiday and they're very concerned over the Connecticut boaters that are coming into West Harbor. Thank you. SUPERVISOR PELL: Thank you. Anybody wish to address the Board from the floor? (No response. ) If not , we will recess the meeting. We will not adjourn, I want to go into Executive Session with the Board more on the building up on Peconic Lane. I do anticipate a resolution before we go home tonight to do something with that building, but I must discuss the legalities with the Board in Executive Session. Moved by Supervisor Pell , seconded by Councilman Nickles, it was RESOLVED that a recess be called at this time, 4: 18 P.M. , for the purpose of holding an Executive Session of the Town Board. Vote of the Town Board:' Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. EXECUTIVE SESSION 4: 25 P.M. - The Town Board discussed the feasibility of reopening the Senior Citizen/Youth Center based upon test reports from the Suffolk County Department of Health Services , New York Testing Laboratories , Inc. and consultantions with the United States Consumer Product Safety Commission. A resolution to reopen will be adopted when the Regular Meeting reopens. OCTOBER 19, 1982 308 WORK SESSION 4: 50 P.M. - Youth Coordinator and Community Development Director James McMahon met with the Board, to discuss setting up a Youth Services/Community Development Office. Hours of work involved in each division was discussed. REGULAR MEETING REOPENED AT 4:55 P.M. 22. Moved by Councilman Nickles, seconded by Councilman Murdock, WHEREAS, the Town Board of the Town of Southold closed the Senior Citizen/Youth Recreation Center at Peconic on October 14, 1982 due 'to reports-.0f' odors that could be hazardous to health, and WHEREAS , scientific room air tests have been conducted by the Suffolk County Department of Health Services and New York Testing Laboratories, Inc. and consultations have been held with the United States Consumer Product Safety Commission, and these tests have satisfied the Town Board that the gas concentrations are considered to be normal ambient air concentrations and a hazard does not exist to the public using the Senior Citizen/Youth Recreation Center, now, therefore , be it RESOLVED that the Town Board of the Town of Southold immediately reopen the Senior Citizen/Youth Recreation Center at Peconic, and take whatever remedial action is deemed necessary to further eliminate whatever perceived odors may still exist . Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles , Supervisor Pell. This resolution was declared duly ADOPTED. 23. Moved by Supervisor Pell , seconded by Councilman Murphy, WHEREAS, the Southold Town Board adopted a resolution on June 22, ` ' 1982 authorizing the Long Island Lighting Company to run proposed 69kV transmission line through a short distance within the Town, mainly on private property, and under certain prescribed conditions , and WHEREAS, the Shelter Island Town Board has registered strong objections to this transmission line being run through their township unless .it is buried beneath the ground, due to their concern for the impact on their community should the proposed line be placed above ground, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby goes on record as supporting the position of the Shelter Island Town Board in requiring the Long Island Lighting Company to bury beneath the ground their proposed 69kV transmission line through the Town of Shelter Island. 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 Councilman Murdock, seconded by Supervisor Pell, it was RESOLVED that the Town Board of the Town of Southold increase the supplemental fee for individual holders .of the Southold Town Code to $25. 00 effective January 1, 1983. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 25. Moved by Supervisor Pell, seconded by Councilman Murdock, WHEREAS , a Special Court Facilities Committee was established by Resolution No. 1381-82 of the Suffolk County Legislature, and WHEREAS, said Special Court Facilities Committee is studying the location of certain courts within the -County of Suffolk; and WHEREAS , the County seat of Suffolk County is located within the Town of Riverhead and it would be advisable for a resident of the Town of Riverhead to sit on the Committee, now, therefore, be it RESOLVED by the Town Board of the Town of Southold that the Suffolk County Executive and the Suffolk County Legislature are hereby requested to appoint a resident of the Town of Riverhead to sit on the Special Court Facilities .Committee, and be it further RESOLVED that the Town Clerk shall send copies of this resolution to Peter F. Cohalan, Suffolk County Executive; William Rogers, 309 OCTOBER 19 , . 1982 Clerk of the Suffolk County Legislature; Herbert B. .Evans, Chief administrative Judge for New York State; Arthur M. Cromarty, Administrative Judge of Suffolk County; President of the Suffolk County Bar Association and the Supervisors of the Towns of Suffolk County. 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 5: 10 P.M. Vote of the Town' Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, . CQuncj,.lman Murd-ock, .Councilman. . Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. .9i Judith T. ✓T✓eerry� Southold Town Clerk