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HomeMy WebLinkAboutTB-08/04/1981 282 SOUTHOLD TOWN BOARD AUGUST 4, 1981 WORK SESSION 9: 00 A.M. - The Board audited the July vouchers . 10: 00 A.M. - Began reviewing agenda . 10: 10 A .M. - Harold Dombeck of .Holzmacher, McLendon and Murrell, P.C. spoke to the Board concerning his meeting with the Suffolk County Department of Health Services relative to the East End Solid Waste Management Study. Mr . Dombeck stated that a regional approach of mass fired incineration to electrical energy systems would not be feasible on the east end due to the enormous cost. Modular incineration to sell steam is not practical as there are no customers on the east end. The only other alternative. is modular incineration with production ' of electricity on a sub- regional basis, i. e. Southold and Riverhead Towns jointly, with landfilling of residue if suitable- area can be found outside of the 208 constraints. He said that Dr . Andreoli of Health Services indicated that on the east end there should .be some waiver of the State DEC policy concerning landfilling: There is no evidence that the leachate has progress off of the site in Southold Town, there- fore lining and capping should not be enforced at the present time. H2M has submitted their report to the Town of Southampton but has had no response from Supervisor Lang, however, H2M proposes the study of alternatives concerning landfilling by the east e_�'d 'towns at .a lump sum fee of $15, 500...00 payable on submission of their report.. The cost to comply with Part `360' would be $1, 100, 000. 00 if undertaken by the Town and $1 , 350,-000. 00 if an outside contractor were to do the work. Mr. Dombeck recommends the use of existing clay to line the landfill area to the extent that it now ;goes, which is about 10 acres. This would cost the Town about $300, 000. 00. What Mr. Dombeck wished from the Board was verbal permission to file the 360 report with the DEC, and based upon how receptive the DEC is, the Town Board can ,endorse the report or not. --The Board gave Mr. Dombeck permission to file the 360 report with the DEC. --Mr. Dombeck advised he would like to meet with the Town Board and the Village Board later in the month to talk about the 201 Study. 10: 50 A.M. - Paul Fink of Pan Tech Management Corp. and Alan Borko of Pan Tech Energy Systems met with the Town Board to discuss the energy audit they performed at the Senior/youth Center, Peconic. Mr . Borko stated that a new heating system is. not the answer to the problem; the strip heaters and heat pump and electrical base- board heat arevmore than sufficient . The problem lies in improper insulation of the building which is resulting in infiltration from the outside. They recommend tripolyner foam insulation in the walls, three inches of Class I cellulose insulation blown on top of existing fiberglass batts in the ceiling, weaterstripping of all doors, caulking of all windows, and window quilt . They estimate the total installed cost of the weatherization program would not exceed $9, 000. 00. --The Board placed a resolution on the agenda to engage Pan Tech Energy Systems to prepare specifications for weatherization measures for the Senior/Youth Center and advertise for at a cost by Pan Tech of 10% of the bid price including alternates. Mr. Fink advised the Board that work by the first contractor should be starting at theeMattituck Library the -week of August loth, and construction at the Southold Library about three weeks after that . Concerning the grant program for the area of Seventh, Eighth and Ninth Streets„ Greenport, Mr. Fink said he inspected the area with - Highway Superintendent Dean and north and south of the railroad tracks they found .at least 15 homes with exterior needs. With the Town Board ' s approval they will set up a program for home owners with very low incomes to receive a grant for health, safety, conservation. AUGUST 4, 1981 283 and energy measures. As .part ;of the .grant, Highway Superintendent Dean plans to install a s" dezvfia1, along „the ;west side of Ninth Street . There was considerable disctission,r"elativ,"to a proposal to straighten, grade and pave Flint Street . However, it .seems that since dedication of. this property for a road in 1928 'it was ='not constructed and if a road is not built within six years of dedication, it reverts back to the property owners and is no . longer.;;-owned by the Town of Southold. EXECUTIVE SESSION 11 :40 A.M. - Police Lieutenant H. Daniel Winters met with the Town Board to discuss police personnel . 12 : 30 P.M. - Building Inspector Edward Hindermann and his attorney Eric Bressler met with the Town Board. 12: 45 P.M. - Discussion of municipal solid waste proposals. 1 : 00 P.M. - Recess for lunch. 2: 30 P.M. - Meeting reconvened and the Board continued reviewing the agenda. The Board discussed at length the request of the Mattituck ,Inlet Advisory Committee to address the Board 'of Appeals..on..August 6th concerning the pending application of Northvil e Industries for a special exception. The Board decided :they would not o ject to the Committee addressing the Board of Appeals provided they clearly stated that the views of the Mattituck Inlet Advisory Committee do not represent the views of the Southold Town Board. A regular meeting of the Southold Town 8'oard was held on Tuesday„ August 4 , 1981 at the Southold Town Hall, Main Road,-. Southold, New York. Supervisor Pell opened the meeting at *7`30 P.M. with the Pledge of Allegiance to the Flag.- Present : Supervisor William R. Pell, III Councilman Henry W. Drum Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Absent : Justice Francis T.* Doyen On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of. $28,484. 15; General Fund Part Town bills in the amount of $29, 208 . 02; Highway Department bills in the amount of $50, 141 . 56; Fishers Island Ferry District bills in the amount of $33, 440. 88; Federal Revenue Sharing bills- in the amount of $42, 720. 70; and Delinquency Diversion and Prevention Project bills in the amount of $131 .07. Vote of the Town 'Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the 'minutes of the 'July 22,' 1981 meeting of the Southold Town Board be and hereby are approved. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED -that the next regular meeting of the Southold Town Board will be held at 1: 00 P .M. , Wednesday,' August 12, '1981 at the Fishers 284 AUGUST 4, 1981 Island School ,' Fishers 'Island, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. SUPERVISOR PELL: For information sake at this time the date for the next Town Board meeting in Southold Town Hall will be set on August 12th when we meet there, but it looks like it will be August _ 25th at 3: 00 P.M. That is the suggested date at this time for your information. I. REPORTS - SUPERVISOR PELL: These reports are all placed on file with the Town Clerk if any- body wishes to review them they can do so in the Town Clerk' s Office . 1 . Supervisor ' s monthly report (July 1981) . 2. Fishers Island Ferry District monthly report (July 1981) . 3. Mr . Dean, Department of Highway report (July 1981) . 4 . Town Clerk' s monthly report (July 1981) . 5. Building Department ' s monthly report (July 1981) . 6 . Councilmen' s reports--- Councilman Murdock-- COUNCILMAN MURDOCK: The first thing we talked about today was the Town of Southold Blood Pro ram. We had been contacted by the people running the ,program in reference to a little help ,financially. ..,We : asked them for a letterhead a list of some of the work that they had done. I ' ll read one paragraph of of what they sent us: "Our Program, sponsoring 4 Bloodmobiles -a year in Mattituck, Cutchogue, Southold, and Greenport, has produced 3, 880 pints of voluntary donations to Long Island Blood Services since August 1976. The Blood Services, a non-profit organization, supplies the 5,00-600 daily requirements of 43 Long Island Hospitals" .- They also sent their roster of 18 peo.ple who do the most of the work and last year ' s budget and it just so happens their fiscal year ends on June 30th, 1981 and they are left with an operating budget of $24. 06 in the bank and they also enclose for us to consider , two bills for some printing, one for $35. 00 and I believe the other one was for $44. 00. At the next meeting the Town Board has agreed that they will donate $250. 00 to this organization and probably, hopefully, we' ll do it annually to help them c.ontinue their work. At the same time I ' ll also make an appeal on their behalf for anybody who has some time to help with the phoning volunteers, doing the typing, keeping the records . Like all organiza- tions there is attrition and they're losing two or three people this year and they could use a little help as well as anybody who' s available -to donate blood. The next blood letting is August 29th. Duriing the week I was contacted by a group of commuters . We discussed that problem this morning at the work session and we' re currently involved in trying to get some consideration from MTA Road and Rail System which is being changed and modified. The modifications were brought about largely as a result of a strong lobby by a group of people who moved to Yaphank, Medford, Ridge, to the center section of the Island who are very upset by the service that was available from Ronkonkoma both eastward and also the lack of service from Riverhead westward. As you know, we used to have one train that would make one round trip a day getting to the North Fork about noontime and leaving about 2: 30. In response to that, the railroad put in a train that originates in Riverhead at 5 :45 A.M. and heads westward in the morning and a train that leaves Greenport at 6: 01. The 5: 45 train out of Riverhead does get into New York about 8 : 25 and..enables the people who are on that train to get to work. The 6: 01 from Greenport does not arrive until 9: 01 which has already made people late for work. The commuters who are using the road and rail service will miss the 5: 35 bus which is being suspended on the 4th of September. That bus, if they went continually to -New York, the connections would get them there at 8 : 28 so that they would be able to get to work, as well as the impact on the bus service being available so that they could get out. of Babylon. All of the eight people I spoke to that might do work in .the Babylon area and now with the railroad it goes to the center line and they can ' t get to Babylon, there are no connections. The corresponding roundtrip at night , there was a bus that- connected with the 5: 09 train from New York that arrived in Greenport at 7: 52. They are suspending the bus portion and they say that the alternative is a train that they have originated at 4: 06 P.M. from New York City. That , of course, the people who live in New York City can't quit . - ,'York at. 4: 00 o 'clock to take a train. The next service gets them into Greenport at 8 : 54 P.M. The people are asking us to try and AUGUST 4, 1981 285 help in getting--particularly the 5 : 35 bus kept from east to west and the bus from Babylon, I think it`k. a `around 6: 20 P. M, from west to east as well as one other bus that happens to be a convenient one for the commuters. They have felt that in 'the negotiations or in the considerations that .the MTA made, that they didn' t take into consideration the problems for the commuters from Riverhead to Greenport who are probably the most heavily, and consistently used section of the line. Unfortunately we have a problem with numbers on the North Fork and it will be a difficult fight . But we are attempting to get some publicity and hopefully some action. That was the second thing we did today. Frank will probably talk about the Inlet Advisory Committee. Thank you, Bill. SUPERVISOR PELL: Councilman Drum. COUNCILMAN DRUM: The Inland Waterways Committee. Corey Creek dredging has been completed. They are now proceeding to Mill Creek in Southold. That ' s under contract. They plan in using the small County dredge in dredging Halls Creek providing they can get permission to put the sand on property owner 's property and if there is sufficient time before the end of the season , they will go into East Creek, Mud Creek in Cutchogue with the little dredge. That' s all I have. SUPERVISOR PELL: Councilman Nickles. COUNCILMAN NICKLES: Thank you, Bill . I' d .like to report .that the Beach Committee met a week ago Tuesday .and on that committee are Mr . Murphy and Mr . Dean and we reviewed the general situation of our beaches in terms of vandalism and how they are being kept clean. Some of you may have read in the paper where we had some problems at Laurel Lake where the Town owns some property and we visited that site and we are prepared to recommend to the Town Board that next year we open that area as a passive recreation facility, not allowing cars down at the Lake but parking cars between the ballfield and the Lake and putting an attendant down there to make sure people have their stickers on and keep an eye on the place and cleaning up the debris. We did consider possibly using that as a beach area but in viewing the overall beaches in the Town we . have another beach on the Sound that is not open and we couldn 't justify opening that beach and we don' t feel at this time we can justify opening the Lake for swimming that the Town owns in Laurel . There .is considerable cost involved and the county and state have regquire� ments that if there are mens and ladies rooms hot water and cold water must be in these facilities, swimming ropes and all the attendant safety mechanisms we do have at the beach so we are going to try that next year as a passive recreation area where people can go and enjoy the vista and have their picnics and things of that nature.- SUPERVISOR PELL: Councilman Murphy. COUNCILMAN MURPHY: Thank you. Just to comment on John' s comments. These beaches I ' ve been involved with for a very very long time and you try to do what the people want and it gets very discouraging when people abuse them. All that I can ask is the cooperation and cooperation of everyone from abusing them. You try to open them up, you try to do 'what we feel the people want and there is a definite need for but it gets awfully expensive and an awful big headache. There was a big .hassle down in Mattituck with the softball last night after the league was finished. Not with the league or players or anything but later on there were people going down there and made it a -complete mess and this costs the Town and the taxpayers an awful lot of money. On Commerce and Industry Committee I ' d like to report that on . next Thursday the 13th we will meet with Paul Flagg who ' s running the seed clam program in East Hampton. He is. going to come and do an inventory of all of our creeks and waterways to see if he feels that this is a very good program here and if we would be" able to really take part in the program. He feels that we should be�.*able to. After this I would like to have a public informational meeting in August or by the end of August before a lot of the summer people go home as a lot of people have really shown: .a tremendous amount of interest in this program for their own property. Not just the Town getting involved into a seeding program but for individual owners who live on the Bay or creeks to partake for join in with a neighbor or friend on this. We would like to set this up. I think we can. 286 AUGUST 4, 1981 This man has a series of slides that would show the whole program. There is a permit involved where you have to go to DEC because you are dealing with these seed clams. There will be more on that and we hope to have a couple of articles in the paper and when this meeting will be down here for information. We' d like as much publicity because I really feel it ' s great for .homeowners and it ' s great potential for the clamming and seafood industry out here. Also, on multiple housing, we' ve gotten back from the Planning Board some of their recommendations. I've gone and spoken to various groups and sent it to the Zoning Board of Appeals, also to members of the Town Board and we hope after September to have another information meeting to get some input from the people. This is conversions of single family houses into apartments so to speak and it is very important thing for the Town. It will mean an awful lot to certain people who would want to do it in the right way and when we do have this meeting I would appreciate any cooperation. Thank you. SUPERVISOR PELL: Thank you. A couple of things I would like to comment on. First of all, the press called me this past week and said Southold Town is going to receive $12, 000. 00. of Federal Revenue Funds. I told the press at that time it was news to me and I would get back to them. I didn' t know anything about it.. .. Nobod.y.. informed. me or the Town of this $12, 000. 00 yet . I called Assemblyman Behan 's 'office and spoke to one of his- aides._ He Looked.. it.. up.. and gave me the following information , which is what his press release was based on. That the leaders, Mr . Fink and Mr. Anderson had agreed upon funds that were left over in the budget of this year and how, it was to be wacked up. Tn. Southold Town, after they agreed, would get $12, 000. 00. Just one hitch. In the fall when the legislature goes back into session it has to be passed -by the Assembly, passed by the Senate, then signed by the Governor , So, if we're lucky, we might get it by the first of the year. It has to get approved by both parties yet. The second thing I ' d like to comment on is something, and I hope the press gets this right, that we- are-.quite upset with. We had a fire in East Marion. We had a' bbndomindum being built down on the Bay. It was up in rough form. The sheathing was, on the roof and sides and at quarter to five in the morning it went up like a firecracker. The police and County Arson Squad are investigating it. I have complete confidence. in our Detective Squad which we had just formed two months ago, that they will leave no stone unturned to find out the cause of it and find out, what can be done of it. It is sickening -to sit here on the Board and had a gentleman go through all the. legal steps, the Planning Board, have all his public hearings he has to have and to just to get to see something come to reality, his dream. He has been work- ing on this for a long time. He changed his original plans to — meet the plans the Planning Board planned, what they would approve. He modified his plans and see something go up in flames. I was there that morning and to see a grown up man cry, He came to me and said, "What did I do wrong? Why?" It hurts inside and I feel heart sorry for the gentleman. On the other side of it our Police Lieutenant was in today and gave us a -report on the Detective Squad. They have solved 507o of the felonies that were committed in the Town in the last two months--the month of June and the month of July. This is a new.Detective force we have jus-t set up after the 7th Squad pulled out . We.'ve got three of our finest and they are doing a fine job and as I said, they will leave no 'stone unturned for this fire that wa.s caused. (DUNCILMAN DRUM: Bill, I might say that they are -going to investigate, but we .don ' t know one way or the other. Th.ey are just going to investigate and our detectives have done an outstanding job. II . PUBLIC NOTICES - COUNCILMAN NICKLES : l .. From the Department of the Army, Corps of Engineers, an application by Frank. Frankola. The property is located at West Creek which is off of Goose Creek, Southold. The nature- of the work is 332 feet of timber bulkheading. If you are interested in this there is a copy with the Town Cl-erk and you may respond to the Corps of Engineers a.nd the response date is August 21st . 2. To construct a deck. Location is 231 feet . north of Pine Neck. Road, 467 ft. east of Oaklawn Avenue on the south side of Jockey Creek. From the Department of Environmental Conservation on application of Clara Prout. Response date is August 19th. Copy of this is also with the Town Clerk. AUGUST 4, 1981 287 f III . COMMUNICATIONS - SUPERVIS0'R'�''PELL.,.• In these are letters_ the Town Board received and I place them on the agenda for the Town Board to give rrre directions on what way to respond to them. 1 . From Fulton Iron Works sayir}g,.they would like to discuss with the Town the energy waste program the Town is considering up in the landfill. 2. Request for a street light in an area in Eastern Shores,. : Greenport . 3 . From Riverhead Town Board in opposition to the public takeover of Long Island Lighting Company. 4. Request from a lady (Christine Siejka) to use the building on Peconic Lane to give classes up there and she was going to charge $3 . 00 per hour to her clients,- people who want to take the classes up there which will be denied. 5. Letter from .people in New Suffolk (Frank E. Brophy) complain- ing about the decision that was handed down by the Zoning Board of Appeals. I know the folks are here tonight and after we go through the agenda if they would like to address the Board I will open the floor up to the public . 6. Letter concerning the 201 Study between the Village of Greenport and Town of Southold . Keeping us informed how the study is going and progress that is being made. 7. A resolution from Brookhaven Town. Basically they are saying they would like a feasibility study made on LILCO. 8. Letter telling us that the County received its Block Grant money of almost $5, 000, 000. 00. Southold Town will receive $220, 000. 00 of that this year and again it is going to be the same thing next year. 9 . You do not have this, it came in late but we placed it on the agenda today. It ' s a request from the Mattituck Inlet Advisory Committee to go before the Zoning. Board of Appeals . The Town Board did discuss this. That advisory committee was made up some time ago with the responsibility of making recommendations to the Town Board, not the Zoning Board of Appeals. So, therefore, they feel they would like to go before the Zoning Board of Appeals and express their viewpoint at a particular meeting and they ask the Town Board for permission. The Town Board will grant them permission with the stipulation that it is their viewpoint, not 'the viewpoint of this Town Board. IV. HEARINGS AND DECISIONS - None V. RESOLUTIONS SUPERVISOR PELL: Your agenda will say, if you look, it says 9. I think we have about 19. We added a few today during the Work Session. Something we don' t like to do but we felt that they had to be important enough to give consideration today. Number 1, Negative Declaration. 1 . On motion of Councilman Murphy, seconded by Councilman Nickles, 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 Agnes Pagnozzi, for a wetland permit `to construct 50 feet of marine railway in front of her property located off south side of Jockey Creek Drive, on Jockey Creek, Southold, New York. The project has been determined not to have a significant effect on the environment for the following reasons : An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, it is assumed that there is no -objection nor comments by that agency. Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 288 AUGUST 4 , 1981 2 . On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the application of John C. Tuthill dated July 2 , 1981 for permission .to maintain a single family trailer on the east side of Elijah ' s Lane , Mattituck, New York be and hereby is renewed for a six (6 ) month period. Vote of the Town Board : Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 3. On .motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold set 3 : 30 P.M. , Tuesday , August 25, 1981 , Southold Town Hall, Main Road, Southold, New York as time and place for hearing upon application of Fred Melin for a permit under the provisions of the Wetland Ordinance of the Town of Southold for permission to install an aluminum bulkhead, extend existing float and install four pilings at his property on Mud Creek at Skunk Lane, Cutchogue, New York. Vote of the Town Board: Ayes : Councilman Murphy , Councilman Murdock, Councilman Nickles , Councilman Drum, Supervisor. Pell. This resolution was declared duly adopted. 4. On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold set 3 : 35 P.M. , Tuesday , August 25, 1981 , Southold Town Hall , Main Road,_ Southold, New York as time and place for hearing upon application of Enconsultants , Inc. for Howard Petersen for a permit under the provisions of the Wetland Ordinance of the Town of Southold for permission to construct retaining wall, catwalk, timber ramp extension, steel ramps , and fill for ramp approach at property off Naugles Drive on Mattituck Creek, Mattituck , New York. Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles; Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 5 . On motion of Councilman Murphy, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold set 3 :40 P.M. , Tuesday , August 25', 1981 , Southold Town Hall , Main Road, Southold, New York as time and place for hearing upon application of Agnes Pagnozzi for a permit under 'the .provisions of the Wetland Ordinance of the Town of Southold for permission to construct 50 feet of marine railway in front of her property located off south side of Jockey Creek Drive, on Jockey. Creek, Southold, New York. Vote of the Town Board : Ayes : Councilman Murphy, Councilman Murdock, .Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 6 . On motion of Councilman Nickles, seconded by Councilman Drum, 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 Suffolk County Department of Public Works for a wetland permit on certain property located on New Suffolk Avenue (reconstruction of West Creek Bridge, New Suffolk, New York) . Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Number 7 we are going to put a hold on, we are not ready to move on that one quite yet . Everything didn' t check out today. We have a few more question we would like to look up on that one. (Accept bond of William F. LaMorte in amount of $106 , 000. 00 for roads and improvements in "Paradise By The Bay" . ) Number 8 , I put it on the agenda under resolution form. After discussing it with the Board today we are going to do it in letter form, not resolution form. (Proclaim 100th birthday of United Brotherhood of Carpenters of America. ) 9 . On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold appoint Joan Dors as a part-time Clerk Typist in the Building Department effective August 4, 1981 through November 4, 1981, 30 hours per week, at $4. 50 per hour. Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. AUGUST 4, 1981 , 289 10 . On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town .of Southold accept with regret the resignation of Linda Kimmins , secretary of the Southold Town Planning Board, effective August 31, 1981, and extend their best wishes to Miss Kimmins for success and happiness in the years to come . Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 1. On motion of Supervisor Pell, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold transfer $1, 400. 00 from A1990. 4 Contingent Account to A6772.4 Programs for the Aging. Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. .This resolution was declared duly adopted. 12. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold approves the action of the Board of Commissioners of the Fishers Island Ferry District in appointing the following Inspectors of Election for the annual election for Commissioner of the Fishers Island Ferry District which will be held on August 11., 1981: Edwin H. Horning, Chairman, Dorothy B. ' Edwards, Teller and Katherine W. Horning, Teller . Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman'' Drum, - Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: . Number 13: I am 'going to ask that the resolution be passed and then I am going to comment on it . 13. On motion of Supervisor Pell, seconded by Councilman Drum, it was RESOLVED- that the Town Board of the Town of Southold engage .the services of Pan Tech Energy Systems to prepare specifications for weatherization measures at the 'Senior Citizen/Youth Center , Peconic, and advertise for bids for same at a cost of 10% of the bid price . including alternates. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. - SUPERVISOR PELL:. I want to talk about this a minute and I hope some of the Councilmen will join in with me on parts that I am going to leave out . I don 't have the thing with me that was prepared for us. The building up on Peconic Lane--last year we could not keep it warm in the wintertime. It was designed with electric heaters and strip heaters. We had LILCO come in this spring and examine it . They said there was plenty of electric heat . It should keep the building warm. It should keep it warm, plenty warm at zero degree temperature we should have no problem keeping it 70 degrees. People up there this wintertime froze. They couldn ' t keep warm. We had several people come up with ideas. We hired--Pan Tech has been doing work for us on our Small Cities HUD grant . We had them come in a month ago and go over the building with a fine tooth comb, find out what is wrong with it . Should we put in an alternate heating system? Should we put in forced hot air to supplement the electric heat? What we. should`do . They made their report today to the Town Board. They -find that 20% of the ceiling tiles with insulation cut the.,same size of the square are out of place. They find that in the side of the building, the insulation in the sides were not adequate, not warm enough, there' s a three inch space. They find that the I beams thare are put on the side of the building, there are four or six of them along each side, they' re boxed in so they look very nice- but inside there is nothing but cold air coming down from the ceiling into the I beams to get right down to the floor. They found out that the insulation on top of the build- ing, on the roof, does not meet the joints so there is a three inch air space right down there for the cold air from the attic to come right down the sides of the wall. They came up with a whole list of ideas that should correct it . They said the heat loss up there in that building is 240 thousand BTU' s per hour heat loss due to cracks, due to ceiling, due to,.doors and when you open up that back door to go out in the wintertime what the heat loss--they didn ' t figure a heat loss on that, --that we hope to close in. They came 290 AUGUST 4 , 1981 up with all the heat loss and it is like trying to fill , if I can use the word, a five gallon pail with a quart of water . It runs out faster than you can put it in and our heat up there is going out. So the Board authorized ,today Pan Tech to prepare specs and go to bid and then to supervise the work to make sure everything is done correctly. We are worrying about when they put the foam in, down on the walls where they are going to put certain type of form,. in, to make sure the foam goes all the way down to the base, to the bottom. We are worrying about sealing the joints up so we do not have this heat loss. We are worrying about this winter. We have the three senior citizen groups that will be meeting there two times-- at least twice a month all winter long. We have the youth in there at night and on the weekends. I said once and I will say it again, the Town has approximately, in the land and building, $300, 000. 00 tied up. It is not a lot of money if the building is used. But if the building is so it cannot be used it is a lot of money just sitting there. It is the intention of this Town Board to remedy and correct problems we have there. . We have put money aside for it 'so we can correct it and make it a place that the people will be proud to use, all of us be proud of it . If any Councilman wants---John, go ahead. COUNCILMAN NICKLES : I would just like to add to what the Super- visor is saying and everything he says is so. In-addition to that, - other than the people being cold, it is costing us one hell of a lot of money last year in electricity costs and according to the engineers, the people who did our energy audit , we should be able to recapture the capital costs of putting in the insulation within a year and a half and expecting to save at least $4, 000. 00 this coming winter just on heat , not calculating what we are going to save the following summer on the. air conditioning. The real problem as Bill indicated is t'4e heat loss. We are losing 270 thousand BTU' s per hour. The two furnaces only put out 240 thousand BTU' s per hour. So we have a net loss of 30 thousand. That ' s why everybody is as cold as hell and that ' s why the furnaces were running continuously to try to keep the place warm which ran our electric bill up. It was no fun auditing those electric bills last winter. COUNCILMAN DRUM: I think Pan Tech did a very fine job of analyzing our problem with the Senior Citizen/YQuth Center and I 'm sure this is going to correct the problem. . SUPERVISOR PELL: In fact, I was so impressed with the report I asked the young man who made the report , I said, "What ' s your qualifications?" The fellow was well qualified . Very good report . 14. On motion of Councilman Murdock, seconded by Councilman Murphy, it was RESOLVED that the Town of Southold release to the Greenport Fire Department Rescue Squad the two remaining surplus police radios. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly. adopted. 15. On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold appoint Lieutenant H. Daniel Winters Provisional Police Chief of the Southold Town Police Department effective July 15 , 1981 at .a salary of $30„000. 00 per annum. Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. COUNCILMAN NICKLES: Bill, I would just like to add one thing. That the reason we are appointing Lieutenant `'inters Provisional Chief is that this position is subject to competitive examination , so we are appointing him on a provisional basis until such time as Civil Service gets their act together and puts on an •examination. At that time if he is successful in the examination he will be made permanent . COUNCILMAN DRUM: I might state he is an outstanding officer. SUPERVISOR PELL: Anybody else want to say anything about Dan? COUNCILMAN MURDOCK: I am very happy to see our problem resolved. AUGUST 4, 1981 291 SUPERVISOR PELL: Thank you very much, gentlemen, it ' s a personal pleasure of mine to see this done. 16. On motion of Councilman Drum, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold oppose Suffolk County Legislation authorizing a study to determine the feasibility, practicability and ramifications of a public takeover of the Long Island Lighting Company. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, ' Supervisor Pell . This resolution was declared duly adopted. COUNCILMAN DRUM: I might say that I have been in government for many years and feel that private enterprise in our country is the backbone of our country, private enterprise . 17 . On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold hire Susan E . Long as stenographer for the Southold Town Planning Board effective August 17 , 1981 for a period of 90 days at a salary of $6, 500. 00 per annum. COUNCILMAN NICKLES: Bill., shouldn ' t that be broader? We did have that one question as to-- SUPERVISOR PELL: That should read: "for the Town of Southold" . COUNCILMAN NICKLES : I will amend my motion to delete "Planning Board" . Resolution to read as follows: RESOLVED that the Town Board of. the Town of Southold hire Susan E. Long as stenographer for the Town of Southold effective August 17 , 1981 for a period of 90 days, at a salary of $6, 500. 00 per annum. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles , Councilman Drum, Supervisor Pella .This resolution was declared duly .adopted. 18 . On motion of Councilman Nickles., seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold accepts, with = regret , the resignation of Genevieve- Robinson as a member. of the Mattituck Inlet Advisory Committee, effective immediately,,: and convey their appreciation to Mrs. Robinson for. the time .she devoted to participation on this committee. Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 19. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold appoint Peter M. Coleman , Mattituck, New York, as a member of the Mattituck Inlet Advisory Committee, effective immediately. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Believe it or not that takes us right up to number 19, the one I said we had when we started. I will now at this time asked the Councilmen if there is anything I left out or omitted or anything they would like to add? COUNCILMAN MURDOCK: You didn' t leave it out or omit it , but I would like to advise the public of the problem that the Suffolk County Health Services feels. ,is approaching on the North Fork with our . ground water. Councilman Murphy and myself went to a meeting that they sponsored in Riverhead Town Hall a week ago Thursday along with the people from the Town of Riverhead. Suffolk County Health Services feels that the ground water in the North Fork is approaching a position where it will not support life on the North Fork. And in anticipation of that at last Thursday' s meeting, which was in the Health Services Office in Hauppauge, they had what they call a request for proposal which was funded by $100, 000. 00 from the Suffolk County Legislature to hire an engineering firm to research the water problem 292 AUGUST 4, 1981 and water solutions for the North Fork where they see in the future the necessity to maybe bring water onto the North Fork from somewhere further to the west because they feel that the aquifer on the North Fork will not support the life that we need and that is just a start . It is something that I for one on the Town Board intend to keep track of and I am sure Frank does as well as the other members of the Board. It is a very serious problem for our future as well as then talking about tremendous sums of money involved in bringing the water out . But it is just a start . I think it is very important for everybody to pay attention to the ground water. Thank you, Bill. . SUPERVISOR PELL: Councilman Drum? (nothing) Councilman Nickles? (nothing) Councilman Murphy? (nothing) The floor is open for anybody to address the Board. Who would like to address the Board first? MR. ARCURI : I live up at Horton' s Point and Mrs. Green and myself are down here on behalf of ourselves and few of our neighbors . We are being overrun on weekends on our own property and the parking situation down there has gotten really out of hand and I understand that other places have come up .with proposals to correct the problem in their areas and you' ve gone .-along with them and I am really look- ing for suggestions_ in just what to do. I don' t know what I should ask for or how to approach it. I ' ve written several letter.s to the Board .and I never gotten any answer. SUPERVISOR PELL: Where in particular, by the lighthouse? MR. ARCURI : Yes. SUPERVISOR PELL: ' May I make a suggestion. Councilman Nickles is from the area. John will you get ahold of him or you can get ahold of Councilman Nickles or myself and we' ll go over it in detail what the problem is with perhaps the Lieutenant--Chief now. MR. ARCURI : I asked several years ago when Mr. Martocchia was here for a street light--about five years ago--and 'he said that when the Town finished taking over the street light situation from LILCO that I would be considered. ' I put a street light up myself and I ' ve been paying for it for five years and I have never gotten an answer from anybody. COUNCILMAN DRUM: Frank, I think we put one up on that corner up there near the end if I recall. I mean, we haven' t put it up yet, we made -a' survey and it is being considered. And I thought we . indicated you' d get one. SUPERVISOR PELL: Will you write a letter to me and look on the pole and give us the location of the pole and the pole number and I ' ll turn it over to the Street Light Committee and they will look into it. COUNCILMAN DRUM: We' ve been up in the area. SUPERVISOR .PELL: If you give me the pole number and light I can tell whether it is up there . and what not . MR. ARCURI : Is there anything at all that can be done as far as the end of the- road and the parking? I know Mrs. Green couldn' t get down on her property last Sunday and the police finally had to come down and ask people to leave . You have a sign there that says, "No Trespassing" and they couldn ' t care less . MR: MURPHY'- Who are these people? Do you have any idea? MR. ARCURI : No. There are more people on that beach usually on a weekend then there are at Kenney' s Beach. SUPERVISOR PELL: Are you out here all the time? MR. ARCURI : Pretty much. Every weekend . SUPERVISOR PELL: I'm going out of town for the next two days, I ' ll be back in here on Friday. Get ahold of John or myself and we ' ll go over it with you and see what we can do and if there is a way we can eliminate it . We have a local ordinance on a recreational AUGUST 4, 1981 293 area. Maybe something�'�can be done, I` don' t know, but get ahold of John or myself. COUNCILMAN NICKLES : Isn' t there a "No Parking" sign there between . certain hours? MR. ARCURI : Between 10 and 7. That ' s pretty good then. The night parking is not a problem, but during the day you just can' t move at all and everybody goes down on the beach and there are .now stairs. there now but all the garbage they take down they just throw it all over and the beach is just a heck of a mess. COUNCILMAN MURDOCK: Mr. Arcuri, have you got any idea, like do they park for four hours, six hours or do they come and go? Do they park for a long period of time or is it more coming and going? MR. ARCURI : Most of the people that come, they come down early in the morning and stay there all day. COUNCILMAN .MURPHY: Are the fishing? Picnicing? MR. ARCURI : Some fishing, a lot aren' t . A lot just picnicing. COUNCILMAN MURDOCK: Do you think two hour parking--- MR. ARCURI : As Mrs. Green just said , the fishermen are really not a problem, just the huge crowds and the number of people this past weekend that you couldn' t get down on the beach at all. COUNCILMAN MURDOCK: Do you think two hour parking might help to alleviate it if the people have to-.-obviously it has to be enforced. MR. ARCURI : Right, that ' s the problem. COUNCILMAN MURDOCK: Our Police Department is very good about enforce- ment . SUPERVISOR PELL: Let ' s leave it this way, Mr. Arcuri, you will get in touch with Councilman Nickles or mysdlf. and we' ll go from there. As I said, I ' ll be out of town for two days, then be back. Anybody else wish to address the Board? MR. FRANK BROPHY:. You have my letter of July 15th and if I may, with your permission, Mr. Pell, I have these pictures I think will-- (Mr. Brophy handed four photographs to the Town Clerk and they were passed among the Board members) . I hope my letter to you, sir, is , self explanatory and we have been through two appeals with ,.the Zoning Board and turned down in both cases for violations. However, it is the feeling of myself and also my immediate neighbors that as a matter of community interest that inasmuch as homes such as I have purchased here and reside in Southold Town entirely, that lots of my sort just can' t be expanded lot coveragewise to do what we have to do properly because of your present zoning restrictions, which I recognize are necessary in this Town. But they somehow do not relate to older homes. And what I have constructed there is something that is going to be of utility value as you can see, this is the front- of our house and . it will offer entrance and egress to my -wife and myself and my family. I am a senior citizen. And if we had placed it somewhere else it would have no value . You can also see it doesn ' t present a health hazard, fire hazard and our situation looking .out on a public beach-- the .hedge completely covers it and I feel that the building inspector, that appeared and issued the violation and came back to me again really is kind of insensitive to my needs and needs of the citizens who are in .a similar situation and I ' m trying to appeal for some sort of relief . Be it another inspection or perhaps if there is any way I . can get back to the Board to be .given more just and favorable consideration. SUPERVISOR PELL: Thank you. The Board did discuss this today in Work Session and the Town Board has no jurisdiction over the Zoning Board of Appeals. They are an entity among themselves . We appoint them, the members. They are appointed for five year terms . Their decision this Town Board cannot overrule. It is their decision and their decision is final. As far as--it is their decision. They have certain rules. they have to follow. You have every right to reapply or do whatever you want but we cannot override that appointed body as we cannot override the Planning Board or override the elected 294 AUGUST 4, 1981 Trustees or the Assessors. They are appointed and they operate under the rules and regulations of the Town of Southold and the Building Department issues the permit--denies the permit and the Zoning Board of Appeals , as sympathetic as we might be , they denied your application for a variance, it is up to you and up to the Zoning Board of .Appeals if you want to make another case before them, but we cannot override them. MR. BROPHY: It may be too late unless the Town Attorney can give me some advise of whether I can in that again or not to make an appeal because the 30 days from the time has elapsed and Mr. Price was my attorney at the time . I had to apply within 30 days. He tried to get a reentry a third time, Mr. Price, and it was denied. TOWN ATTORNEY TASKER: You have a right to appeal to the courts within a. period of 30 days from the date of the filing of the decision and that period is gone as I understand it . You have sat on our rights and that ' s it. You have now appealed twice to this Board? MR. BROPHY: That ' s correct . I had two hearings. But I also feel that Mr. Hindermann who is the Building Inspector involved and came down and discussed with me what I had to do to correct the present situation . I believe that he was--I feel my feelings and the feelings of my immediate neighbors that he is sort of insensitive as to how and what he is allocating porchwise as he would call it. Not taking into consideration the lot coverage, etc. ' and front and side yard setback. I kind of feel that maybe I should have another inspector come down and perhaps he might give me---you know--- TOWN ATTORNEY TASKER: Well, let me just say one thing concerning a building inspector . A building inspector has no discretion . A building inspector has to require that you comply with the requirements of the Zoning Code . He cannot allow you any more than the Code permits so that , as I say, he is an administrative officer. He has to enforce the Code as it is written. If you do not like what he does, you have your remedy by appealing to the Board of Appeals and I understand you have already appealed twice . Now, all than any building inspector can do is .,to permit you to do what the literal language of .the Code permits: He has :'no discretion to 'permit you to go further. That is within the province of the Board of Appeals. So, it makes no difference- whether it' s Mr. Hindermann, Mr. Jones or Mr . Smith, the only thing he can do is to allow you to do what the literal language of the Code permits . If you wish .anything further than that, your remedy is to the Board. of Appeals, which you have sought twice as I understand it. So, just tor,send another building inspector down, I don ' t understand.. He can only allow you what the Code permits. Any building inspector. And if any building inspector attempts to give you more than the literal language of the Code permits, it ' s improper and what he grants you is illegal and you get no rights under it. So, if you think that you should try to select a building inspector that might give you a little more than the Code permits I think that that ' s improper. MR. BROPHY: Well, I will not continue any further here and I want to thank you on behalf of my family and my neighbors here tonight for granting us this hearing. My feelings still though are not withstanding the violation, is that there is not proper consideration given to existing situations, houses such . as. my own who are impeded by the Building Code front and side yard setbacks and lot coverages. We have :no place else to go and my feelings are that consideration should be given to me at this particular time, a reevaluation should be given or when the inspectors come to take a look at the property and take these things into consideration . TOWN ATTORNEY TASKER: All I can say is what I .said before. If you are pleading that the Board amend the Zoning Code, to downzone to permit smaller lots or reduced setbacks, that ' s one thing. I don ' t know whether that ' s what you are asking for . MR. BROPHY: That ' s it, yes, sir. TOWN ATTORNEY TASKER: And what size is your lot? MR. BROPHY: 7100 square feet . AUGUST 4 - 1981 295 TOWN ATTORNEY TASKER: ;, The .Code,,xe.quirement.;.is;,:40, 000. Right now our Zoning Code provides for a minimum lot size of 40, 000 square feet . You have a lot of 7000 some odd square feet and you' re asking that they change the Code to reduce further? AIR. BROPHY: Well, what I 'm asking or questing is this: this is a lot 7100 square feet that existed long before zoning and we are not given due consideration . I can understand what you have set that applies to what is going up or has taken place within the last ten years. TOWN ATTORNEY TASKER: Well, as I understand this and I may be wrong because my memory is not that great , but I understand that Mr : Pugsley owned all of that property and originally appeared before the Board of Appeals which granted him the permission to divide that parcel to create something in the neighborhood of .7000 or 8000 square foot lots which was a reduction of a considerable amount below the minimum size lots and he then sold those lots and I assume you bought one of them. You must have bought -one under the knowledge of that prior grant of approval to Mr. Pugsley. Is that correct? MR. BROPHY,: Well, I bought the property from Mr. Pugsley, yes, I was aware of that at that particular time. TOWN ATTORNEY TASKER: If you' re asking the Board to amend their Zoning Code to permit lots of less than 7000, that ' s one thing. If you' re asking them to" override a decision of the Board of Appeals, that' s another thing and in my opinion they do not have that right . And you have been to them twice and been denied. You have a remedy to the courts and on two occasions you did not chose to appeal, so I really don ' t know what the Town can do for you now. I don' t think that there is any remedy before this Board with respect to the decision of the Board of Appeals-. I can' t find a remedy for your problem. COUNCILMAN MURPHY: Why do you feel another building inspector-- what makes you feel someone else can help you? MR. BROPHY: Well, I ' m not here to criticize any of your employees , ' but I found this gentleman, Mr. Hindermann, very insensitive. You know, he told me what I would be allowed to do to remedy this - situation after the second time. But it seems to me he deals `in meters and inches rather than thinking about what would be--and still in keeping with what he has to do as his position as-:a building inspector . I don' t feel that the man is--I don 't : feel he is doing the proper job for the community--I don ' t feel that he is actually cooperating with the Zoning Board of Appeals and also the citizens-. My feelings are he' s an insensitive man. He deals in inches and centimeters and doesn' t think of the overall picture and as I said in my- covering letter I intend to comply with the Board and with the zoning law. COUNCILMAN DRUM: Mr. Brophy, how did this deck--how did it come under way. Did you have a building permit? MR. BROPHY: No, I did not , sir. I was in violation . COUNCILMAN DRUM: Actually, Mr. Hindermann is doing his job and I wish we had the authority but we are not an all-authority Board as you -well understand. COUNCILMAN MURDOCK: Do you feel that Mr. Hindermann was interpreting the law correctly, interpreting the Code correctly? Do you agree that that was what he was doing? You just feel that in interpreting the law he was not allowing you to do other than the law? When we send an inspector out , the inspector' s job is to protect -the entire Township and all of the residents of the Town and if Mr. Hindermann is not .interpreting the law, I think that is something you should tell us . Mr. Hindermann does not have the discretion to change the law although he may be entirely sympathetic . I don' t think it ' s fair of you to criticize somebody for not bending the law when he is not entitled to bend the law. He is susceptible to discharge for bending the law' if at such time we find that he does it and for whatever reason he does it. We have problems here in the Town of 296 AUGUST 4, 1981 Southold where the law was not interpreted properly. We have cases before the court now where people were maybe a little more sensitive to the individual' s plight then they were to the 1-etter of the law and the neighbors have sued. Now in your particular case you may be very friendly with your neighbors and they're not going to sue. But the Town is obligated to enforce the law. Our employees are obligated to enforce the laws and the more you say that he is insensitive to your situation is the more that you reiterate that the man .is doing his job and I don' t understand what you want the Town Board to say. Are we supposed to criticize Mr. Hindermann and tell him he is wrong for interpreting the law. MR. BROPHY: I certainly couldn ' t say that . COUNCILMAN MURDOCK: The Zoning Board of Appeals is the relief valve for a client . The actual purpose of the Zoning Board of Appeals is to allow a decision based on the sensitivity of the situation. It is very difficult for anybody to pass a law that applies in all instances and that is the purpose of the Zoning Board of Appeals, to grant relief to the individual, and at this time the Zoning Board of Appeals twice has found that what you want can '.t. be given. SUPERVISOR PELL: Larry, I' d like to interrupt . The gentleman in the back-- MR. PETER BROPHY: I 'm in the lumber business and I deal with this man quite often and I don' t feel he is doing his job: When we asked Mr. Hindermann to show, through a letter, at the time he was supposed 'to appear--no show that day with no response. SUPERVISOR PELL: . Appear where? MR. BROPHY: At our - house. After we called him, he did say he would come the following day. When he came he was picking and choosing on the deck what he thought could stay and what couldn' t stay. We asked him for the steps, he said, "Okay,. you can have the steps" . Something was mentioned about after the deck was taken down we would p.ut top soil to ground level . He said we couldn ' t bring top soil in. There ' s a hedge there and I guess it .was 20 feet at one time; we cut" it down to I guess eight foot , he told us it had to be cut down to four foot . I think it is things like that that the man---I just think for the benefit of the Town , I think the man should be checked out. TOWN ATTORNEY TASKER: He told you these facts. Are you saying that he was telling you matters which were not so? You asked him about various things, for instance the height of the hedge . He told you it should be four feet . MR. BROPHY: He brought up the hedge. TOWN ATTORNEY TASKER: He said. it should be four feet . Now, do you question that? Do you know what the Code requires? MR. BROPHY: No, I don' t know. . TOWN ATTORNEY TASKER: . Then how can you question him. You asked him what the Code requirement was and he told you and you haven' t referred yourself to the Code. . I think what he' s trying to do, maybe his attitude in doing it might bother you, but I think what he ' s trying to do is to tell you what the Code. requirements are in answering your questions and you don' t like those so you're taking it out on Mr . Hindermann. I think the Code does require four foot hedge. COUNCILMAN DRUM: And I might say, sir, this is an official record, you know. SUPERVISOR PELL: Gentlemen, if I could just say, Mr. Brody as I said at the very onset of your discussion tonight, this Board, the Town Board, cannot legally override the Planning Board, the Trustees, Assessors or the Zoning Board of Appeals. You have the right to appeal any decision they made within 30 days as you so stated through the court . But as a Town Board we cannot and do not have a legal right to override a decision of theirs. The Town Board has the right to amend the Code but not to override a decision. So, therefore , we AUGUST 4, 1981 297 f., r did discuss this with counsel today and regardless of how each Board member might feel towards your predicament, as I said before, we do not have a legal right to change their decision. Their decision is theirs. Thank you very much. Anybody else wish to address the Town Board? MR. GENE McELROY: I would like to thank the' Board and Mr. Murdock for looking into our problem with. the Long Island Railroad and as you mentioned before there were eight people at that meeting, but as you can see through the petitions there are almost 150 and we still could gather more petitions. We appreciate if the Board could do anything they can to help us out . . SUPERVISOR PELL: What meeting was this with eight people? COUNCILMAN DRUM: The meeting Larry had which he pointed out today. SUPERVISOR PELL: Where is the petition? Was it turned in? COUNCILMAN MURDOCK: I didn' t turn the petition in yet . SUPERVISOR PELL: We are still in a vacuum. We didn' t get your petition yet.. MR. McELROY: As I said, there are quite a few people that use it two or three times a week and we appreciate any help we can get because they' re showing they' re giving you more service when we are actually getting less service. SUPERVISOR PELL: Anybody else wish `to address the Town Board? (no response) On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 8 : 50 P.M. Vote of the Town Board: Ayes : Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman,:Drum, Supervisor Pell. This resolution was declared duly adopted. G%" ► Judith T. Terry