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HomeMy WebLinkAboutTB-11/29/1983 37. 3 SOUTHOLD TOWN BOARD November 29, 1983 WORK SESSION Present: Supervisor William R. Pell, III, Councilman John J. Nickles, Councilman Lawrence Murdock, Jr., Councilman Francis J. Murphy, Councilman Joseph L. . Townsend, Jr. , Town Clerk Judith T._ Terry, Town Attorney Robert W. Tasker. Absent: Justice Raymond W. Edwards 9:00 A.M. - The Board met with Andre Cybulski and William Grigonis, members of the Farmland Committee to discuss going forward with the Farmland Program now that the bond has been approved by the voters. They have studied the format being used by Southampton Town and would like to pattern the Southold format after that and would like Town Attorney Tasker to redraw the bid proposals, etc. to fit Southold. They feel that there will soon be a need for a salaried employee of the Town and a part-time clerical person to help initiate the program. They would like to place ads in the newspapers concerning the program and begin mailings to owners of ten acres or more. . Mention was made of the proposed Select Farmland Committee and Mr. Cybulski and Mr. Grigonis both volunteered their services. The date of January 24, 1984, 7:30 P.M. was set for a public informational meeting on agricultural development rights in the Town of Southold. 9:30 A.M. - Chief Winters met with the Board to discuss the theft of the Town pick-up truck, bid for a new police dar, and bay constable appointment. 9:45 A.M. - The Board began,reviewing the agenda. 10:05 A.M. - Mrs. Katherine DeYoung, and other residents of Wendy Drive, Laurel, Attorney Abigail Wickham, Assessor Henry Moisa and Jack Sherwood, met with the Board to discuss the recent sale of Wendy Drive at the Suffolk County Auction, to an individual other than a resident of the road. Mrs. DeYoung, speaking on behalf of the other residents, advised the Board that all of the property owners on Wendy Drive, in the purchase of their lots, acquired ownership to the center line .orf the road. In researching this with the Assessors it was discovered that the road was assessed to the original developer, rather than the abutting owner; and such assessment was erroneous. Mrs. DeYoung asked the Town Board to urge the Suffolk County Department of Real Estate to reject the bid of the successful bidder and cancel the tax sale to the County and the deed to the County of Wendy Drive. .This is urgent matter, as the tax sale took place on November 17th and the County only has 30 days from that date to reject the bid. The Town Board agreed to place a resolution (no. 19) on the agenda to the County—Real Estate Department. 10:30 A.M. - Mr. George Kendall met with the Board to request they close Route 25 from Laurel to Greenport for one day a year for bicycle use. It was suggested Mr. Kendall meet with the Chambers of Commerce to see if they would be agreeable to such a plan. He was also advised he should see if the N.Y.S. Department of Transportation would permit Route 25 to be closed for a full day. Councilman .Townsend suggested that another alternative to be studied would be a "self propulsion day" in the form of a parade, starting in Laurel and moving forward to Greenport. Under this suggestion Route 25 would only be closed for a limited amount of time in specific areas. Mr. Kendall will research the proposal further. 10:45 A.M. - The Board resumed reviewing the agenda. 10:50 A.M. - Mr. George Stankevich, owner of a parcel of property at the rear of the Town Hall spoke to the Board about vehicles being parked on his law, and would like the situation resolved. 10:51 A.M. - The Board resumed reviewing the agenda. 11: 15 A.M. - Executive Administrator Lessard met with the Board to discuss his proposal to construct an addition to the Building Department Office in the northwest corner of the east wing lobby of the Town Hall. He presented a proposed plan and estimate of costs, which included installation of new carpeting in the Building Department Office and new addition. The Board placed a resolution (no. 21) on the agenda approving the proposal. 11:25 A.M. - Discussion of off-agenda items. 374 November 29, 1983 EXECUTIVE SESSION 12 Noon - The Board discussed CSEA negotiations, personnel problems, and pending decision on the Brecknock Associates change of zone petition, which might result in litigation. 12:35 P.M. - Recess for lunch. REGULAR MEETING A Regular Meeting of the Southold Town Board was held at 3:00 P.M. , Tuesday, November 29, 1983, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting with the Pledge of Allegiance to the Flag. Present: Supervisor William R. Pell, III Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Town Clerk Judith T: Terry Town Attorney Robert W. Tasker Absent: Justice Raymond W. Edwards Moved by Councilman .Nickles, seconded by Councilman Murdock, it was RESOLVED that.the minutes of the. November15, 1983 Regular Meeting of the Southold Town Board be and hereby approved. Vote of the Town Board:. Ayes: Councilman Townsend, Councilman Murphy,; Councilman Murdock, Counciiman=Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman -Murdock, seconded by Councilman Townsend, it was. RESOLVED that the. next Regular Meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, December-- 13, 1983, at the Southold Town . Hall, Main Road, Southold,. New York. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy,. Councilman Murdock, Councilman. Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. I. REPORTS. SUPERVISOR PELL: The only report we have to be placed on file in the Town Clerk's Office today is the Long Island Cablevision monthly report for the month of October 1983. The Councilmen will make their own report. Councilman Townsend. COUNCILMAN TOWNSEND: 1 have nothing to report at this time, Bill. SUPERVISOR PELL: Councilman Murdock. COUNCILMAN MURDOCK: In light of one of today's discussions, while I was in Florida I was interested to see condominium projects. I'd been going back and forth to an area called Madera Beach, and condominiums are now a dreg on the market. They- can't sell.them. They've got untold amounts on the west coast under construction that nobody is buying, so maybe there's hope for the salvation of the North Fork, nobody will want to buy the condo.- miniums before everybody starts to build them. That's all, Bill. SUPERVISOR PELL: Councilman Nickles. COUNCILMAN N I CK LES: Kenneys Beach--what God gave to Kenneys Beach last winter with all the easterly storms, He took away in twenty-four hours and a little more in one good northwesterly storm, and when the Town Board members that are at the D.E.C. tomorrow, they II speak to them about giving us some emergency powers to .go. in there and protect what's remaining.. SUPERVISOR PELL: Councilman Murphy. November 29, 1983 375 COUNCILMAN MURPHY: We're making good progress down at the Landfill. A lot of the equipment has been ,delivered and the building is well on its way, so hopefully we could be operating somewhere around the first of the year. That's it, William. SUPERVISOR PELL: Thank you. The Town Board will be at a D.E.C. compliance hearing tomorrow at 10:00 A.M. in Stony Brook. On December 6th I will be with Supervisor Lang in Albany discussing the Cablevision franchise for the East End towns and villages. Other than that everything is quiet and peaceful. II. PUBLIC NOTICES. COUNCILMAN MURPHY: 1., Corps of Army Engineers public notice on the application of Maurice Je'So, P.O. Box 42, Cedar Grove, New Jersey, to construct a groin in Peconic Bay, Peconic Bay Boulevard, Laurel. All comments regarding this permit must be prepared in writing and mailed before December 12, 1983 to the Corps of Engineers. The whole application and notice is posted on the Town Clerk's Bulletin Board. 2.' N.Y.S.-D.E.C. Notice of Complete Application of Joseph Duggan, 1051 Van Buren Avenue, Franklin Square, New York, Tidal Wetlands, Protection of Waters, Water Quality permit. The project is located along Dawn Lagoon on Snug Harbor Road in East Marion. Comments to New York State D.E.C., Dan Larkin, by December 2, 1983. Again this is posted on the Town Clerk's Bulletin Board. 3. N.Y.S.-D.E.C. Notice of Complete Application of Pirates Cove Marine Inc. on Fishers Island, for a Tidal Wetlands, Protection of Waters, Water Quality permit, to remove existing marine railway,. construct 30 ft. of rock bulkhead, and backfill with clean fill trucked in from an upland source. Transplanting of tidal wetlands vegetation from railway site to mudflat by the town launching ramp will be required prior to commencement of project. Project site is on Inner Bay of West Harbor, Fishers Island, New York. Comments to New York State D.E.C. by December 2nd, 1983. 4. New York State D.O.T. Noticew of Order .to add a 40 MRH speed zone on Boisseau Avenue, a Town Highway. between Route 25 and Middle Road, CR48, a distance of 0. 8 miles in the unincorporated community of Southold. This action establishes a 40 mile speed limit along Boisseau Avenue. , This is posted on the Town Clerk's Bulletin Board also. 5. N.Y.S.-D.E.C. Notice of Complete Application of Joan Harris, 1853 Lenox Avenue, East Meadow. for a Tidal Wetlands permit for the construction of a 50 ft. timber bulkhead at high water. The project is located approximately 100 ft. south of the intersection of Manhasset Avenue and Champlin Place in the Village of Greenport. Comments to the New York State D.E.C. by December 16, 1983. Again, this is posted on the Town Clerk's Bulletin Board. III. COMMUNICATIONS. SUPERVISOR PELL: We have six of them today that are on the agenda. 1. Letter from the N.Y.S.-D.O.T. in regard to what Frank said before, Boisseau Avenue speed limit reduction. 2. Letter (from Harry J. Baglivi) regarding Small Claims Court action held by one of our judges here in Town Hall. He requested that it be put on the agenda for today, and it was. 3. Letter from Assemblyman Joseph Sawicki, Jr. in reference to the handling of the new format that might be adopted by the State on Community Development Block Grants. It was sent for our input and our thought on it. 4. Letter from the N.Y.S.-D.O.T. on a two part seminar that is going to be held in Hauppauge in regards to "Parking Signs", and suggest that our P.D. send somebody up to sit in on it. 5. Letter from Long Island Cablevision in reference to the proposed contract they have presented to all of the seven municipalities in the five East End Towns here that they service. This is being reviewed by Albany Commission and we will be discussing that on December 6th when I go up. 6. . Letter from Southwold, England, where Southold original -settlers gets its name and comes from. We gave them a little plaque of Southold Town's Seal, something like this we have in front of us, for the gentleman to take back. We gave them a copy of Liber D, we gave them a Southold Town Road Map, a County Book with the ten towns, and Southwold, England is in the County of Suffolk in England and the gentleman was very pleased and he wrote a thank-you note for all we did while he was here. As I said before, they are having an anniversary there in July of 1984 and the Town has been invited. 7. Letter from the Southold Soccer Club thanking the Town Board for keeping money in the 1984 Budget for their consideration and their use. IV. PUBLIC HEARINGS. SUPERVISOR PELL: We have three hearings scheduled to begin at 3:30 P.M. 376 November 29, 1983 V. RESOLUTIONS. 1. Moved by Councilman Murphy, seconded by Councilman Murdock, it was . RESOLVED that the Town Board of the Town of Southold hereby declares . itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Thomas R. Mercier, M.D. and Barbara D. Mercier for a Change of Zone from "A" Residential and Agricultural District to "B-1" Light Business District on certain property locasted on the westerly side of Love Lane, Mattituck, New York. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 2. -Moved by Councilman Nickles, seconded by Councilman Townsend, WHEREAS, _a. petition was received from Thomas R. Mercier, M.D. and Barbara D. Mercier for a Change of Zone on certain property at Mattituck, New York, from "A" Residential and Agricultural District to ."B-1" Light Business District, now, therefore, be it RESOLVED that.the.Town. Clerk .of the Town of Southold be and she hereby is directed to transmit this petition to the Southold Town 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: Councilman Townsend; Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor. Pell,.. This resolution was declared duly ADOPTED. 3. Moved by Councilman Townsend, seconded by Councilman Murdock, .it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Adrienne Johnson, as a Van Driver for the - Southold Town Nutrition Program, effective November 10, 1983. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.. This resolution was declared duly ADOPTED. 4. Moved by Councilman Murdock, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Carolyn Smith as a Van Driver for the Southold Town Nutrition Program, at a salary of $3.35 per hour, for a 20 hour week, effective November 11, 1983. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 5. Moved by Councilman Murphy, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby ratifies and confirms the filing of an application with the New York State Executive . Department, Division for Youth, for project funding for the Juvenile Aide Bureau, for project year January 1, 1984 through December 31, 1984. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 6. Moved by Councilman Nickles, seconded by Councilman Townsend, it was RESOLVED that. the Town Board of the Town of Southold hereby accepts Letter of Credit,. established by The North Fork Bank E Trust Co., in the amount 375,000.00, to expire on November 18, 1986, as a bond for roads and improvements in the subdivision known as Highpoint-at East Marion, Section 1. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL:. Number 7. .(objection to enactment of U.S. Senate and House bills "To Amend.the Communications Act of 1934 to Provide a National Policy Regarding Cable Television") we are going to get more information on this before we act. it will probably be on the agenda next time. Number 8, Brecknock Associates I decision on the petition for a Change of Zone), we discussed this today and a Scenic Easement came up that is involved in this and this is the first time the Scenic Easement was discussed and we're trying to get ahold of the Attorney Richard Lark who handles this for the owners and he might be in here before the day is up so at this time' we are going to wait on it. November 23; 1983 377 9. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that the Town 'Board of the Town of Southold hereby sets 8:00 P.M., Tuesday, December 13, 1983, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the following proposed amendment to the Year IX Community Development Program: Current New Activit Budget Increase Decrease Budget Contingencies FY9 $8,635.00 -0- 8,000.00 $ 635.00 North Fork Animal Welfare League - Building Addition FY9 -0- $8,000.00 -0- $89,000.00 Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles,' Supervisor Pell. '- This resolution was declared duly ADOPTED.. 10. Moved by Councilman Nickles, seconded by Councilman Murphy, WHEREAS, a petition was received from Robert C. Norkus and Aldona Norkus requesting relief from the Bulk requirements of the Zoning Code with reference to certain real property situate off Orchard Lane, approximately 450 feet easterly from Cedar Beach Road, at Bayview, Southold, New York, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit this petition to the Southold Town Planning Board and Suffolk County Department of Planning -in accordance with Section 100-31A(5) of the Code of the Town of Southold. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This' resolution was declared duly ADOPTED. 11. Moved by Councilman Townsend,. seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Robert G. Norkus and Aldona Norkus for relief from- the Bulk requirements of the Zoning Code with reference to certain real property situate off Orchard ,Lane, approximately 450 feet easterly from Cedar Beach Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 12. Moved by Councilman Murphy, seconded by Councilman Murdock, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Russell B. Case for a Wetland Permit on certain property located on the easterly side of Cases Lane Extension, Cutchogue, New York. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 13. Moved by Councilman Townsend, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 10 adopted at a regular meeting held on October 18, 1983, which reads as follows: - "RESOLVED that the Town Board of the Town of Southold hereby appoints Donald A. Dzenkowski Southold Town Bay Constable, from the Suffolk County Civil Service List, effective December 1, 1983, at a salary of $16,000. 00 per annum, without salary step increments." Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 14. Moved by Councilman Murdock, seconded by Councilman Townsend, it was (a) RESOLVED that the Town Board of the Town of Southold hereby creates the position of Senior Bay Constable for the Town of Southold, and sets $16,000.00 per annum as the salary for said position. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 14. Moved by Councilman Murdock, seconded by Supervisor Pell, it was (b) RESOLVED that the Town Board of the Town of Southold hereby appoints Donald A. Dzenkowski, provisionally, as. Southold Town Senior Bay Constable, effective December. 1, 1983, at a salary of $16,000.00 per annum, without salary step increments. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 378 November 29, 1983 SUPERVISOR PELL: Number 15 we are going to wait on '(accept bid for one new 1984 sedan for the Police Department), we have to go over that with the Chief. The Chief was away last week and just got back yesterday, and I want to review it with him along with his budget. 16. Moved by Councilman Townsend, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Georgia Rudder a temporary part-time Clerk in the Office of the Receiver of Taxes, to work in the absence of one of the four appointed part-ti.me Clerks, effective. immediately, at a salary of $26.00 per day, and be it further RESOLVED that Mrs. Rudder may be assigned to other offices in the Southold Town Hall at the discretion of the Supervisor: on a temporary basis. Vote of the Town Board: Ayes: Councilman Townsend, Councilman :. Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 17. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that pursuant to the provisions of Sectgion 284 of the Highway Law, the Town Board of the Town of Southold agrees that moneys levied and collected for the repair and improvements of highways, and received from the state for the repair and improvements of hi hwa s shall be expended as follows: General Repairs. The sum of 1,086, 800. 00 may be expended for general repairs upon 183.62 miles of town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof. No moneys set aside for such improvements shall be expended, nor shall any work be undertaken on such improvements, until the County Superintendent approves the plans, specifications and estimates for such construction. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 18. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized to travel to Albany on December 6, 1983 to meet with the New York State Commission on Cable Television, and the expenses incurred for travel and meals shall be a legal charge against the Town of Southold. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles„ Supervisor Pell. _ This resolution was declared duly ADOPTED. 19. Moved by Councilman Townsend, seconded by Supervisor Pell, WHEREAS, the Town Board of the Town of Southold has been advised that the County of Suffolk held an auction to sell real property acquired by the County of Suffolk by tax deeds, and WHEREAS, a private road in the Town of Southold l known as Wendy Drive, was acquired by the County of Suffolk by a tax deed and sold at the County auction held on November 17, 1983, and WHEREAS, the property owners abutting Wendy Drive advised the Town Board that they have, in the purchase of lots abutting said road, acquired ownership to the center line of Wendy Drive, and j WHEREAS, the Board of Assessors of the Town of ;Southold has advised. this Board that their examination of the tax records has indicated that Wendy Drive has been assessed to the original developer thereof, rather than the abutting owners, and such assessment was erroneous and therefore the sale of said road for unpaid taxes was likewise defective, now, therefore, be it RESOLVED that the Supervisor of the Town be and he hereby is authorized and directed to request that the Suffolk County Department of Real Estate to reject the bid of the successful bidder of Wendy Drive and that thereafter proceedings be taken to cancel said tax sale to the County and the deed to the County of Wendy Drive. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles,; Supervisor Pell. This resolution was declared duly ADOPTED. 20. Moved by Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor William R. Pell, III to request the Suffolk County Department of Civil Service to provide the Town with the current lerk-Typist . List, at a starting salary of $7,000. 00, and the current Clerk-Stenographer List , at a starting salary of $7,500.00. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. November 29, 1983 379 21. Moved by Councilman Murdock, seconded by Supervisor Pell, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the construction of an addition to the Office of the Building Department; said addition to be located in the northwest corner of the east wing lobby of the Southold Town Hall; and install new carpeting in the Office of the Building Department, including the new addition; the entire project not to exceed $2,000. 00. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 22. Moved by Councilman Nickles, seconded by Supervisor Pell, WHEREAS, a petition was received from Arthur P. Simon requesting relief from the Bulk requirements of the Zoning Code with reference to certain real property located on the north side of Middle Road (C.R.48), Peconic, Town of Southold, New York, now, therefore, be it RESOLVED that the Town Clerk of the Town of Southold be and she hereby is directed to transmit this petition to the Southold Town Planning Board and Suffolk County Department of Planning in accordance with Section 100-31A(5) of the Code of the Town of Southold. Vote of the Town Board: Ayes: 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, it was RESOLVED that the Town Board of the Town of Southold hereby declares, itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Arthur P. Simon for relief from the Bulk requirements of the Zoning Code with reference to certain real property located on the north side of e Road (C.R. 48), Peconic, Town of Southold, New York. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 24. Moved by Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Susan E. Long, Clerk-Stenographer in the Office of the Planning Board, effective December 15, 1983. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Any Councilman have anything he would like to add at this time? COUNCILMAN MURDOCK: There will be a meeting of the Landfill Committee at Highway Superintendent Dean's Office at 8:00 A.M. on Friday, December 2nd. SUPERVISOR PELL: Good. Anybody else have anything they want to add? Any Councilman? If not, who wishes to address the Board? MR. SAMUEL MARKEL, Southold, New York: My first question to the Board is, I would like to know if there has been any action or disposition on the Lockman suit against the Town, County and State? It was due and brought up about two weeks ago. SUPERVISOR PELL: I have not been made aware of any decision as of this time. MR. MARKEL: Do you know, Mr. Tasker? TOWN ATTORNEY TASKER: No. MR. MARKEL: Okay. You know we had a disaster down at Kenneys Beach. If you don't know it, why you should know it. You should be aware of it. SUPERVISOR PELL: I think most of us were up there. MR. MARKEL: That's good. Not only have we had a disaster on the beach, but several of the residents, in fact all of us, have been affected from Kenneys Beach west to Grasecks. The bulkhead that Doc Samuels put in about 1 should say ten or twelve years agog at a very large cost at that time, is gone just about in the center for about 50 feet. At the Leister property, if you're :.1. familiar with it, have you seen that? Did you bother to go down that far? SUPERVISOR PELL: No. 380 November 29, 1983 MR. MARKEL: The estimated cost on the repair of that will be in excess of $25,000, to repair that jetty and bring in the amount of fill. My, house is inundated half way under the living room. Brown-Sacco's house has the same situation. The retaining wall went down and as a result we were washed out. have an emergency crew down there this morning just bracing to hold the house from going any further. I am positive that we are going to have a Class Action suit against the Town no matter what the disposition of the Lockman suit is. I think the Town should consider taking some immediate steps to rectify the main cause of all our problems. You have continued to throw money into the Sound by filling the beach, dressing the beach, putting up guardrails, steps, fill for the past ten years. I don't know how much that's cost the Town, but it's cost an awful lot if you add it all together. Now you have no beach there whatsoever. Not only don't you have no beach whatsoever, but directly to the west of the beach there is a washout-going info the empty lot that formerly was owned by Joseph Uzman. 1 think, a man by the name of Quinn now owns it, I'm not positive of that fact. But if that continues to wash there, we'll have an island and that will go back to the road. Because it's all soft sand right in there. Nothing to stop it from going back to the road. You can have all the experts you want and I'm telling you .a fact. The Town will own waterfront property with a nice outhouse on it across the street and that's the situation. I urge you all to consider taking the necessary steps to correct the situation which was caused by the politicians of the County and our Town some seventeen years ago. Thank you. SUPERVISOR P_ ELL: Thank you, Sam. Does anybody else wish to address the Town Board? If not, the hour is 3:30 and I'm going to ask for a recess of the Town Board meeting for the length of time it takes to conduct the three hearings. Moved by Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that a recess be called at this time, 3:30 P.M., for the purpose of holding three pub— I c hearings: 3:30 P.M. - Wetland ap ilp cation of The Land Use Company, on behalf of peter Micciche. 3:32 P.M. - Wetland application of Frederick Falconer. 3:35 P.M.— proposed Local Law entitled, "A Local Law to amend the Flood Damage Prevention Law in relation to flood proofing residential basements; reference to FIRM; and definitions of terms." Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock; Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Meeting reconvened at 3:40 P.M. SUPERVISOR PELL: 1 will ask the Board if they are ready to take action on the public hearings they held a few minutes ago? If they are ready to take action, a resolution would be in order. 25. Moved by Councilman Murphy, seconded by Councilman Murdock, ._ WHEREAS, The Land Use Company, on behalf of Peter Micciche, applied .to She Southold Town Board for a permit under the provisions of the Wetland rdinance of the Town of Southold, application dated September 8, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommenda- tions, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 29th day of November, 1983, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that The Land Use Company, on behalf of Peter Micciche, be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to reconstruct and enlarge existing boat ramp and reconstruct existing bulkhead, at private road off Bayview Road, on dredged canal off Corey Creek, Southold, New York, PROVIDED the new construction is placed in line with the existing structure. This permit shall expire on November 29, 1984 if work has not commenced by said date; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 26. Moved by Councilman Townsend, seconded by Councilman Murdock, WHEREAS, Frederick Falconer applied to the;SouthQld .Town 'Board fora permit under the provisions :of the Wetaldn Ordinance-.of the Town of Southold, applica- tion dated October 3, 1983, and WHEREAS, said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommenda- tions, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 29th day of November, 1983, at which time all interested persons were given an opportunity to be heard, now, therefore, be it November 29, 1983 381 RESOLVED that Frederick Falconer :be. ranted, permission under the provisions of,the Wetland Ordinance of the Town of Southold to maintenance dredge on the north side of Fleetwood Road, at East Creek, Cutchogue, New York. This permit shall expire on November 29, 1984 if work has not commenced by said date; there shall be two inspections required; and the Town Clerk shall be notified when the project is completed. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly, ADOPTED. 27. Moved by Councilman Murdock, seconded by Councilman Nickles, WHEREAS, a proposed Local Law No. 14 - 1983 was introduced at a meeting of this Board "held on the 9th day of November, 1983, and WHEREAS, a public hearing was held thereon by this Board on the 29th day of November, 1983, at which time all interested persons were given an opportunity to be heard thereon, now,, therefore, be it -- RESOLVED that Local Law No. 14 - 1983 be enacted as follows: LOCAL LAW- NO. 14 1983 A Local Law to amend the Flood Damage Prevention Law in relation to floodproofing residential basements; reference to FIRM; and definitions of terms. BE ,IT - ENACTED by the Town Board of the Town of Southold as follows: The Flood Damage Prevention Law of the Town of Southold (Chapter 46 of the Southold Town Code) is amended as follows: I. Section 46-5 thereof (Definitions) is amended by adding thereto the following: BASEMENT- The term "Basement" includes both "Basement" and "Cellar" as defined in the New York State Building Construction Code. 11 . The definition of "Breakaway Walls", contained in Section 46-5 thereof is hereby amended to•read as follows: BREAKAWAY WALLS- Means open lattice construction (at least 500 open) , or insect screening provided no additional supports are required for screening. Such walls must be designed and installed to collapse under stress without jeopardizing the structural, support of the building. 111 . Section 46-5 thereof (Definitions) is amended by ,adding thereto the following: LOWEST FLOOR- The lowest level including basement, crawl space or garage of the lowest enclosed area. IV. Section 46-7 thereof is hereby amended to read as follows: -- Section 46-7 - Basis for establishing areas of special flood hazard. The area of special flood hazard identified by the Federal Insurance Administration in a report entitled "Flood Insurance Study, Wave Height Analysis, Town of Southold; New York" prepared by Dewberry and Davis, and approved December 15, 1982, and delineated on the Flood Insurance Rate Map (FIRM) , dated June 15, 1983, together with any revisions and/or amendments thereto, are hereby adopted by reference and declared to be a part of this Chapter, said study and map are on file in the Town Clerk's Office. V. Subdivision A of Section 46-18 is hereby amended to read as follows: A. Residential Construction (1) New construction. and substantial improvement to any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. (2) Notwithstanding the foregoing provisions of subsection (1) , floodproofed basements may not be constructed within the floodway or in coastal high hazard areas (V Zones) , but may be built outside the floodway provided that the following. provisions shall be complied with, to wit: 382 November 29, 1983 (a) Federal Emergency . Management Agency approved floodproofing methods are used to protect all homes which have basements below the base flood elevation. (b) The basement floor be not more than four (4') feet below the base flood elevation. (c) The lowest habitable floor shall not be less than four (41) feet above the base flood elevation. (d) The lowest part of the basement exterior openings, . such as doors and windows, must be placed at least two (21) feet above the base flood evevation. (e) The basement area, together with attendant utilities and sanitary facilities below the base flood elevation, `shall be designed so that the structure is watertight .,with walls that are impermeable to the passage of . water, without human intervention. Basement walls shall be built with the capacity to resist hydrostatic and hydrodynamic loads and the effects of buoyancy resulting from flood depths of two (21) feet above the 100 year frequency flood and shall be designed so that minimal structural damage will occur in this design is exceeded. (f) The land around the entire foundation shall be filled to a height of not less than one (11) .foot above the base flood elevation and sloped away from the foundation at a minimum. of one in ten for a distance, of twenty (201) . feet. (g) Basements constructed in accordance with the provisions of this subsection (2) shall not be used for sleeping purposes. (h) A registered professional Iengineer or architect shall certify that the standards set forth in this subsection (2) are satisfied. VI,. This. Local,Law shall take effect immediately? Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: If there is no other business to come before this Town Board, I will recess this meeting. I have a couple of telephone calls I want. to return and discuss with the Board, and I hope that Attorney Lark will show up to discuss a matter with the Board. before we adjourn. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that a recess be called at this time, 3:40 P.M. Vote of the Town Board: Ayes: Councilman Townsend, Councilman . Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. EXECUTIVE SESSION 3:55 P.M. - The Board met with Richard Lark, Attorney for Brecknock , Associates, to discuss the legal status and disposition of the existing Scenic Easement of Gus Schad, and the replacement of same with the Brecknock Associates proposed 'Amended Grant of Scenic Easement and the potential litigation involved. Discussion was also held relative to the proposed public hearing on the proposed Grant of Scenic Easement, and the procedures for same. Meeting reconvened at 4:15 P.M. SUPERVISOR PELL: I'd like to reconvene the meeting of-the Southold 'Town Board that was in recess. We did discuss with Attorney Lark the Brecknock .. Associates zone change and easement change, the legalities of it. After discussion with Town Counsel and Mr. Lark with the Town Board, I'd like to offer the following: a public hearing be held on the Scenic Easement involved in the Brecknock Associates zone change, to be held Tuesday, December 20; 1983, 7: 30 P.M. November 29, 1983 383 Moved by. Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby sets 7:30 P.M., Tuesday, December 20, 1983, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing in the matter of modification of the Grant of Scenic Easement by Gus' Schad to the Town of Southold, dated July 15, 1971 and recorded in the Suffolk County Clerk's Office on December 13, 1971 in Liber 7066, page 386, which is to be terminated and cancelled by the proposed Amended Grant of Scenic Easement between Brecknock Associates and the Town of Southold on all those certain plots, pieces and parcels of land, situate, lying and being near Greenport,. Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: BEGINNING at a point located on the southeasterly portion of the premises being described herein, which point is the northeasterly corner of land of Schofield and McIntosh, and is the following two courses and dis- tances from a monument located on the northerly side of North Road (State Route 25) :1 .(1) North 110 31 ' 10" West 210 .00 feet; and (2) North' 190i16 ' 00" West 344. 00 feet; running thence from said point of beginning along land of Schofield and McIntosh, South 65' 47 ' 10" West 213.37 feet to a point; thence through land of Brecknock Associates the following two courses and distances: (1) South 65' 47 ' 10" West 330 . 84 feet; and ( 2) South 660 36 ' 40" West 765. 20 feet to land of Jem Realty Corp. ; running thence along said last mentioned land the following three courses and distances: (1) North 41 39 ' 10" West 505. 36 feet; (2) North 65° 07 ' 50" East 367 . 40 feet; ( 3) North 320 28 ' 10" West 290 .00 feet; running thence through land of Brecknock Associates the following six courses and distances: (1) North 57' 16 ' 01" East 652.01 feet; (2) North 20 50 ' 30" East 411.75 feet; (3)' North 82" 04 ' 52" East 267 .15 feet;' ( 4) South 100 34 ' 40" East 472.04 feet; ( 5) North 880 32 ' 59" East 360 .75 feet; (6) South 230 51 ' 43" East 1,123 .11 feet to the northerly side of North Road (State Route 25) ; running thence along the northerly side of North Road South 660 01' 20" West 252.76 feet to land. of Schofield and McIntosh; running thence along said last mentioned land the following two courses and distances: (1) North 110 31 ' 10" West 210.00 feet; thence (2) North 190 16' 00" West 344. 00 feet to the point or place of BEGINNING. Containing 31.8212 acres . PARCEL II: BEGINNING at a point located at the northwesterly corner of the premises being described herein, which point is distant the following seven courses and distance's from the point on the northerly side of North Road (State Route 25) where the southeasterly corner of land of Jem Realty Corp, loins the south- westerly corner of land of Brecknock Associates (1) North 410 39 ' 10" West 1, 084.54 feet; ( 2) North 650 07 ' 50" East 367.40 feet; ( 3) North 32' 28 ' 10" West 982 .87 feet; ( 4) North 320 57 ' 20" West 410 .00 feet; ( 5) North 440 12 ' 35" East 564. 01 feet; ( 6) North 250 16 ' 36" East 398.13 feet; ( 7) North 580 57 ' 15" East 471. 09 feet; running thence from said point of beginning along the ordinary high water mark of Long Island Sound the following two courses and distances: (1) North 580 57 ' 15" East 130 . 00 feet; thence (2) North 420 36 ' 45" East 169. 85 feet to land of Brecknock Associates; running thence through said last mentioned land the following eight courses and distances: (1) South 290 ,321 27" East 250.54 feet; ( 2) South 30 43 ' 35" West 234. 96 feet; ( 3) South 35" 57 ' 18" East 163 . 60. feet; ( 4) South 30 13 ' 04" West'--- feet; (5) South 570 49 ' 51" West 255 .05 feet; (6) North 310 02 ' 45" West 300 . 00 feet; (7) North 5" 13 ' 27" East 382. 02 feet; thence (8 ) North 380 52 ' 02" West 183 .71 feet to the point or place of BEGINNING. Containing 6.1046 acres. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Any other business to come before the Town Board? If not, the motion to adjourn is in order. 384 November 29, 1983 MRS. RUTH OLIVA, President, North Fork Environmental Council: Now would you explain it? COUNCILMAN TOWNSEND : I think that what we're trying to clarify in Executive Session was procedure by which the various resolutions could be put on there. COUNCILMAN MURPHY: Bob, why don't you explain it. TOWN ATTORNEY TASKER: Well, the property in question presently has an approved Scenic Easement which basically is a swath of land running north and south along the east boundary of this property. Under the new proposed change of zone, which is going to add multiple district land to the existing multiple, it will embrace the same area that was in the Scenic Easement that exists today, so the Scenic Easement is going to be relocated and go sort of in a westerly direction through the center of the property, south of the multiple district, and it's going to be twice the area, of the previous one. Those have to be subject to a hearing for,Scenic Easement Grant, so this is what the resolution is, is to call the hearing to change and modify the existing Scenic Easement to cover a different area, a larger area. MRS. OLIVA: Thank you. MR. FRANK BEAR, Southold: When you say it is going to be, you mean that is what the proposal is. TOWN ATTORNEY TASKER: That's what their proposal is, yes. That's what the subject matter of hearing is. SUPERVISOR PELL: Mrs. Bachrach? MRS. SHIRLEY BACHRACH, Southold: I'd like to ask why it was necessary .to have an Executive Session to discuss this. Why couldn't we be present to hear it? TOWN ATTORNEY TASKER: We were basically discussing the legal ramifications, the legal question . I believe the Town has the authority to go into Executive Session to discuss a legal question which may entail litigation. MRS. BACHRACH: What litigation would be involved with discussion of this change? TOWN ATTORNEY TASKER: We could be sued by the developer. We could be sued by the neighbors. We could be sued. by almost anybody. MRS. BACHRACH: You could be anywhere, could you not? TOWN ATTORNEY TASKER: Yes. But when you're discussing those questions we have the right to go into Executive Session to discuss them with the attorneys. MR. PHIL BARTH, Southold: Well, I'm not really versed in the law as the attorney is, but my understanding is something different about Executive Session, and I don't think you have the right to call an Executive Session just because there might be a chance of a suit. I just don't think it's right. You know, I've been attending things for quite a while and it seems to me they're just too much Executive Session that's leaving the public in the dark. Now, something like Brecknock Hall is really a sensitive issue and in order to discuss it on a knowledgable basis you have to know what's going on, and this seems to me, you know, like you talk about easements, no one knows what you're talking about until--why couldn't we sit in and know what it's all about? MR. RICHARD LARK, Attorney for Brecknock Associates: That isn't what Mr. Tasker was telling you. Mr. Tasker was telling you that the Town Board has specific legal questions as .to whether or not the public hearing that was held last month embraced the Scenic Easement area, and Mr. Tasker advised them it did not, it required another public hearing for the Town Board to hear the merits of the Scenic Easement and the Town Board was asking him legal questions on what they could do or they couldn't do with the current posture of.things. And that's what Mr. Tasker was briefing them on. That's what he said the Executive Session was called for, because he was required upon to render certain opinions and certain decisions based on a posture of the application that the Clerk was briefing him on. MR. BARTH:. Well, I hear the Board ask Mr. Tasker legal questions all the time and, you know, we're sitting right here. MR. LARK: And they could declare an Executive Session if they wanted to. 385 MR. BARTH : Well, if you have. Executive Sessions, then you wouldn't have any public sessions. SUPERVISOR PELL: Anybody else wish to comment? (No response.) Any other comment? (No response.) Moved by Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that this Town Board meeting be adjourned at 4:20 P.M. Vote of the Town Board: Ayes: Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Judi T rr Southold Town ClerY