HomeMy WebLinkAboutTB-10/06/1981 352
'SOUTHOLD TOWN BOARD
OCTOBER 6, 1981
WORK SESSION
9: 00 A.M. - The Town Board' began 'tie 'audit of the September bills.
9: 15 A.M. - Mr .* Don Arciiri who resides on the -corner' 'of S'oundview
Avenue Extension- 'and Lighthouse Road spoke to the Board concerning
the street light he had installed on that corner and is personally
paying the electric bill. He asked whether the Street Light Committee
has any plans to put a- light on that corner at which time he could
have his light removed. Councilman Murphy advised Mr. Arcuri that
he was certain a light on that corner was included in the street
lighting program.
9: 20 A.M. - Continued audit of bills.
9: 40 -A.M. - Began reviewing the agenda.
10: 00 A.M. - Mr. Nicholas Pott, South Harbor Road, Southold addressed
the Board concerning the proposal of the owners of the land on both .
sides of the mouth of Richmond 'Creek to -the new .channel,'to be' dredged
by the County of Suffolk in 1982, so it - runs parallel to the one
proposed, but about 30 yards to, the east . Once ,it passes the White
Beach point it would gradually curve in a southerly direction to
join the present channel about 50 yards off-shore. Mr. Pott presented
this proposal containing the current status, advantages of the new
route for the channel, and a request to the Town to.•,provide funding
to Suffolk County for a new survey and soundings. .,-"Mr. John Guldi
of the Suffolk County Department. of .Public Works has advised Mr . Pott
that the County does not .have the money to conduct .this new survey.
Councilman Drum advised the Board that. -he has had several discussions
with Mr. Pott and Mr . Guldi concerning this proposal. Basically the
_ County is not in favor of rerouting .the channel as proposed by Mr.
Pott. Councilman Drum will discuss this matter further with Mr.
Guldi.
10: 15 A. M. = The Board resumed reviewing the agenda.
. 10: 25 A.M. !' Chief Winters met with the Board and explained the
need for relief School Crossing Guards. This will be announced
to the press at the regular meeting.
2. Chief Winters stated he has been in contact with New York
Telephone concerning the installation of telephones for an
emergency center in the basement of police headquarters. The
telephone company advised that the cost of a survey would be
_ $200. 00.
3. Discussed the possibility of .hiring Douglas 'Clark as a part-
time Radio Operator. Supervisor Pell will check with civil service
to determine whether there would be a problem relative -to his holding
jobs with the Town.
4. He will put two officers on duty iri Hallocks Bay this Saturday
for opening of Town waters for c'ommerci'al' 'scallbping.
5. The New York 'Stat'e' Department' of Transportation has promised
to make a survey for the possible location of a traffic signal at
the intersection of Route 25 and Boisseau Avenue, Southold. They
will also survey for re?timing of the traffic 'signal at the inter-
section of Route 25 and Youngs Avenue, Southold.
5. Chief Winters advised the Board he has been asked to serve on
the Board of Directors for the' 'Suffolk County Police Association and
has accepted this honor. The last Southold Town Police Chief to
serve in this capacity was Otto Anri.g.
6. Police Officers' Clark and Falkowski will be attending Breath
alizer Training School starting October. 8th for a total of seven days.
7. Chief Winters-..advi.sed the Board he has been using Police Officer
'Bannon as a part-"time detect'ive--Officer Bannon has attended detective
school. _
OCTOBER 6 ; 1981 353
10:40 A.M. Board resumed reviewing agenda..
11: 00 A.M. = 'Sybil* Mizzi and Alan Borko','Pan Tech Management and:
Pan Tech Energy Systems met with the Board. Mrs.. .`Mi.zzi presented
a draft bank agreement at 82% interest for th:e low interest loans
for the housing rehabilitation' 'program. - Southold- Town -has $25, 000
allocated for the rehab program under the Community. Deyelopment
Fund program. Mrs. Mizzi also' advised the Board that December l`st
is the deadline for signing Year VIII' Communit'y. Deyelopment .Grant
for County . Consortium.
Mr.. Borko discussed .the 'four bid" proposals for Veatherization
of the Senior/Youth Center.. (1 ) Foamed in place wall ,insulation,
(2.) . Cellulose ceiling insulation, (3) Weatherstripping, . caulking,
insulated window shades, (4) Painting of interior wall surfaces'...
Bid .openings will be 10: 30 A.M. , October 26th: =
Mr. Borko advised he has receive.d:.an=-est.ima.te :for placing.
19 Stratojet Model SJ12, or. equal, ceil-i'ng fans' in' the -S5enior
Youth Center for under $2, 000..00.' The Board -will. placea. resolution
on the agenda authorizing the Supervisor to sign .a.n-: a.greemen.t for
the installat ion .of..the fans . .. ..
Councilman, .Nickl,es suggested the- name of' Lyle-.Meredith,. Southold.,
as Clerk of-the ors or the Senior/Youth Center. yeath'er nation..
Leaks in the roof of the Senior/Youth Center- was. discussed.
Mr. Borko . has been in contact with the general contractor Strathmore
Construction Co. who subed the job to another- general contractor.
The contractor will be in touch with Highway .Superintendent - Dean.
11: 55 A.M. - Recess for lunch.'
unch During the lunch recess the Board
investigated the site of the Patricia Marco -trailer on .Indian Neck
Lane, Peconic.
EXECUTIVE SESSION - 1 :.20 P.M.
1. Discussed letter from the Suffolk County .Human .Rights
-
Commission concerning hiring procedures for police personnel .
2. Discussed possible purchase of property in Matti.tuck.
2 : 35 P.M. - Resumed reviewing agenda.
3: 00 P.M. - Recessed Work Session for .public hearing on amendment
the 1981 budget relative to the use of Federal. Revenue Sharing Funds.
3: 10 P.M. - Work Session resumed with review of agenda- and of-f-agenda
items. - Councilman Murdock requested- the Supervisor, to contact ..the
_ New York State Department of Transporatio-n to .-cbnduct a survey relative.
to the need fora double solid line from .Rocky- Point Road to Dam
Pond Bridge, East Marion. - Councilman Murdock.
urdock asked that an.
invitation be extended to ERM-Northeast to appear at the October 20th
Work Session for a presentation concerning environmental and- engineer-
ing problems that currently exist .on the North -Fork.
A regular meeting of the Southold Town .Board was held ,on .
Tuesday, October 6, , 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
Abse z J111 r
354 OCTOBER 6, 1981
.0n_motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the following audited bills be. and hereby are approved
for payment : General Fund .Whole Town bills in the amount of
27, 937. 97; General Fund Part � Town' bills in the amount of $17, 422. 72;
Highway Department bills in the amount of $22, 222. 88; Fishers Island
Ferry District bills in the amount of' $46, 248. 31; Federal Revenue
Sharing bills in the amount of' $4,'524. 33; Delinquency Diversion and
Prevention Project bills in the amount of $415. 34; New Suffolk Avenue
Improvement Program bills `in' the amount of $218. 26.
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 minutes of the regular meeting of the Southold Town
Board held on September 22,. 1981 and minutes of the special meeting
of the Southold Town Board held on .October 5, 1981 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 Drum, seconded by Councilman Murphy, it was
On
that the next regular meeting. of the Southold. Town Board
will be held at 3: 00 P.M.', Tuesday, October 20, 1981 at the. Southold
Town Hall, Main Road, 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.
SUPERVISOR PELL: The following reports will be on file with the
Town. Clerk if anyone wishes to .examine them they may do so at the.
Town Clerk' s Office.
I. REPORTS - SUPERVISOR PELL:
1. Supervisor' s monthly report (September 1981)..
2. Building Department' s monthly report (September 1.981) .
3. Town Clerk' s report (September 1981) .
4. Fishers Island Ferry District ' s monthly report (September 1981) .
5. Mr. Dean, Superintendent of Highway' s monthly report (Sept-
. ember 1981).
6 . Report from the Tercentenary Committee which Mr.s . Goodrich,
our Town Historian represents the -Town on. Her report on their
activities.
7. Police Department' s monthly report (September 1981) .
8. Report from the Street . Light Committee which will be in
resolution also . tonight.
9. . Six month report .of the Board of Trustees (April-September
1981) .
10. Councilmen' s report. Councilman Murdock.
COUNCILMAN MURDOCK This morning we had a discussion relative' to
putting fans in the Senior Cit`izeri' s Rec' Center on Peconic Lane,
with the help of taking some of -the heat from the ceiling and return-
ing it down to the floor: We had :a meeting with Pan Tech Management
Corporation which will give us -specifications for insulating the
building and go to bid for an insulation program and as opposed
to fans they came up with a- unit- "that fits in the ceiling, it ' s
covered with a plastic cover so that as' opposed to a fan we won 't
have to worry about someone in'the Rec. Center maybe sticking a
pool- cue into the fan blade or any' of those other things that can
happen and we did, this morning, approve purchase 19 of those units
and having them installed. Thank' you, Bill.
SUPERVISOR PELL: ; Councilman Drum, anything you wish to report on?
( Z have nothing. ) Councilman .Nickles? " (Nothing. ) Councilman
Murphy?
COUNCILMAN MURPHY: There is j.ust 'one thing. On the ferry service
which really I feel is so important for industry and for the people
out here. I spoke to Senator 'Ken LaValle and he is trying to--what
happened is money was allocated.- by the governor but it was tied up
because a group of people from, Shoreham didn't want a study made of
: the possibility of a ferry from the end of William Floyd Parkway
and so he is trying to break the money away. There will be a meet*.anF,,.
OCTOBER 6 , 1981 355
up in Albany and either, the Supervisor or;=;,myself ..will go. ' .=I' feel it
is most important , opening of new .avenues-. or industry, .for tourism, .
for the economy of the people out here and just..for our convenience-
where we can get to the New England area. a heck o,f a . lot easier than
driving all the way to New York and hopefully this winter this will .
be resolved and the funding will be there where. the- ferry will be
improved, which anyone who uses it realizes- that it- needs much
improvement.. Thank you.
SUPERVISOR PELL: Thank you. I have a couple of things I .wo.uld like . -
to comment on. First of all the railroad has agreed to have a-.
meeting with the elected officials out here next week sometime: , I
believe it is going to be held in Riverhead. . It.. wa.s supposed to be
tomorrow but it was postponed until I- believe it is -the 13th or the :
14th of next week.
- Southold Town is looking for relief School Crossing Guards.
Today we have two School Crossing Guards out sick 'and that .means , ..
we have to take our patrolmen off the road arid.:put .them in-°front
of the schools. It- was discussed with the. Chief of Police today
and he says he would like to. have some relief. So,-, .if anybody --
knows of anybody looking for substitute School Crossing Guards --
have them contact the Chief of Police.
Last but not least I would like` to -say . it,' s nice .to be back. .
.I spent 11 days confined to my bed and my house -not :feeling too
good and my wife says it was like Christmastime with -all the ,cards-. ..
so. many folks in Town sent. me. I' thank you 'all for' 'your best wishes
and it ' s nice to be back. Climbed the four .walls after about eight
days, the last three was hard. r
II . PUBLIC NOTICES - COUNCILMAN NICKLES:
As you see on your agenda 'tonight you. have six .notices.
1. Department of Conservation, a Notice of Complete Applica-
tion by Suffolk County Department of Public Works to remove the
existing Long Island Railroad 'dock and cbnst`ruct 'a new dock.. Written
comments may be filed with the ;DEC by- October 14th, -
2. Also from the Department of Conservation, Notice .of Complete
Application by Suffolk County Department of Public Works.:to remove
existing bridge and construct new bridge at West Creek in New Suffolk..
3. Application by James H. Rambo for Matt A Mar Marina to
construct four "T" floating docks at Mattituck Creek.. ,.
4. - Also, maintenance dredge and beach nourishment at Richmond
Creek by Suffolk County Department of Public Works. -
5. Notice of Complete Application' by Energy. Development:'Corp-
oration for a permit to construct and operate a solid: waste resource
facility for the Town of Southold.
6. Application by James P. Latham to create a four lot sub
division and one family dwelling and septic system, Peters Neck Road,
Orient. Comments on October 22nd.
All of these are on file with the Town Clerk.. You can .examine
them if you care to.
III . COMMUNICATIONS - SUPERVISOR PELL;
1. The first one is for a street light up in Mattituck. on
Ruth Road. This will be turned over to the .Street Light .Committee
who has a report on that .
2. Application from Suffolk County Department of Parks-. An
application for grants -for cultural affairs.. -Last ..year we did have
a couple of them awarded to Southold Town .and again- we have the- -
application for next year. They can be picked up at Town 'Hall..
3. Request from the libraries for additional funds -ift- 1982
budget . This is signed by four - libraries- in Southold Town.
4. Letter from Lois Barker in Mattituck telling the Board
of a condition in the sidewalk on Love Lane in Mattituck. I believe
Mr. Dean has already repaired that .
5. An article that appeared in the New York State Environmental
magazine about Southold Town. and the stand that the Town Board- has
taken on Robins Island.
6. Request for use of the- building on Peconic. Lane- on Friday
mornings or afternoons. We will work this out- if it does not
interfere with anything that is going on. . (Nutrition Band),
7. & 8. From two towns to the west (Smithtown and Brookhaven)
in regard to keeping the traffic data on accidents with the -County
Police.
356 OCTOBER 6 , 1981
9. Again sidewalks, but this time in Orient". " Mr. Dean will
go down and look at this and make a report back to t..he -Board. (From
Albert A. Abersmith) .
10. Another request to use the center up on Peconic Lane_ from
the BOCES Board in Westhampton Beach. I will look into this -and make
a recommendation and report to the Board ' in two - weeks
11. Letter in regards to a trailer permit that was issued for
six months, two weeks agog drawing attention to the- Board on t,he' ,
application. Where it was being put was not where the- application
was for . Today the Town Board did go -clown and look at it and I am-
sure- we will have comments to make on that .later. (Letter from
Edmud J. Baumann. )
12. Letter from Riverhead Supervisor, my Gount_ erpart up there,
Supervisor Janoski in response to a letter _that we sent to -them.-on . -
September 19th. I had spoke to Supervisor J_anoski several times.-.
about possibility of Southold and Riverhead looking into the.-joint
venture of solid waste up at our- landfill. ' On -September 10th the
Board directed me to write a letter to him and officially. ask him
if perhaps his Board and our Board could -sit :down and- discuss .the
possibility of it . On September 29th he .wrote. back .and* said he
thinks it ' s a good idea that the two Boards should get .together.
We will be getting together in the near future to see if anything
can be reached to help both towns.
Public Hearings . We have a hearing tonight at -8 : 00--P.M. _ We.
have 15 minutes to ;go before that time so we will go over .to
Resolutions.
While the press has finally arrived,. I did. make .the announce
rhent_;befare: and I want. you gentlemen to pick it up so I will state
it again. The Town is looking for relief Traffic Wardens for the
School Crossing Guards. If anybody knows of anybody who- -would' be
interested in serving, have them contact the Chief. of Police.. In
other words, I hope to see it in the paper,
V. RESOLUTIONS
1. On motion of Councilman Murdock, seconded by Councilman -Drum, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Southold Senior Citizens Club''.to hire two 49
passenger coach buses at a total cost of .$590. 00 .to .transport. -their
group to the Island Squire, Middle Island., - New York on November 1-1,
1981 for the luncheon and show:
Vote of the Town Board: Ayes: Councilman. Murphy, -Councilman
Murdock, Councilman Nickles, Councilman _ Drum, Supervisor Pell.
This resolution was declared duly adopted.
2. On motion of Councilman Murphy, seconded by Councilman- Nickles, it was
RESOLVED that the 4pplication of Francis Wilson dated September 22,
1981 for permission to maintain a single-family. trailer on the west
side of private road off north side Middle Road, Cutchogue, New York
be and hereby is granted fora six month period.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum,. Supervisor Pell.
3.. On motion of Councilman Nickles, . seconded by councilman Murphy, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law State Environmental .Quality Review and 6NYCRR Part 617, Section
617. 1.0 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, wil'l' not have a significant .effect on the environment.
-
Descript 'on of Action: Application of Enconsultants, Inc.-'.for '
"- Lagoon Association for a permit under the . provisions*- of
the Wetland Ordinance of the Town of Southold for permission to
ma-intenance dredge an irregular shaped area within lagoon, place. .
resultant spoil on ,beach north of bulkheaded canal as nourishment.
The project has been determined not t.o 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.
OCTOBER 6 , 198107
Vote of the Town Board: Ayes . Couricilinan ' Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.. .-
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 4 is seed clam program which was up for a-
vote two weeks ago when I was absent. We put it back on the agenda
tonight. Discussed it in Board today--Work Session- today, and---.
Frank do you want to offer that?
COUNCILMAN MURPHY: I ' d like to offer . it, 'yes,. and make a comment .
on it.
4. On motion of Councilman Murphy, seconded by Supervisor Pell, it -was -
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Supervisor to execute an . agreement between the'
Town of Southold and Paul JJ. Flagg, . Shellfish Consultant, for th-e
institution of a Program for the Raft Culture=of -Seed Clams in the
Town of Southold at a cost of $1, 200. 00 per year.; 50% upon signing
the agreement with Mr. Flagg and 50% upon completion of the program.
COUNCILMAN- MURPHY: I would like to make a comment on it . I .feel-
for the economy of this area it is most important and we had a public
hearing or we had an informational meeting in the Town here where- we-
asked Mr. Flagg to come .over and explain the program and, I felt he'
did a fine job of doing this" and I feel it ' s a most needed one. -It
is--there -have been some objections to thi-s� because of various
questions and I would really feel that .I -am sorry that- the people
who are objecting to it didn' t come out to t-he meeting andask the
inan at the time. I think it ' s. a most important project for the
Town, one that we could only benefit 'by. .I ' ll offer that resolution.
Vote .of the Town Board: Ayes: Councilman Murphy. No: Councilm�in
Murdock. -
COUNCILMAN NICKLES: I voted for .this resolution the -last time but
it seems that so many questions have been raised and I thought it
was going to be held, that I would like to be marked "present" ..
COUNCILMAN DRUM: It was my understanding this-. morning - through the
discussion that we had, Mr. Murdock had brought up. some questions
and they were not answered and not answered as far as I was concerned
and I will, until the questions are answered, I will "abstain" .
i
$UPERVIS.OR PELL: Yes, Judy.
Resolution No. 4 - the Vote of the Town. Board was recorded as
follows: Ayes: Councilman Murphy, Supervisor Pell. No: Councilman
Murdock" Present : Councilman Nickles. Abstain: Councilman Drum.
This resolution was declared lost.
SUPERVISOR PELL: I mentioned before, a gentlemen just came -in late,
I ' ll mention it again. The meeting wit.h the -railroad was. supposed
to be held tomorrow. It was scheduled_ to next week sometime. I
think it is the 14th. We will be given a date, time and place. It
is finally coming through. I know, I saw you walk in the door.
5. On motion of Councilman Murphy, seconded by Councilman Drum,-. it. was
RESOLVED that the Town.-Board of the Town of Southold hereby.
authorizes the Street Light Committee (Councilman Murphy and
Councilman Drum, 'with the advice and assistance of Highway Super-
intendent Dean) to establish the following two-phase policy., as
funding is available, for the replace and installation of street
lights throughout the Town of Southold:
PHASE I
1. Remove lights that serve no- purpose, as per tally
sheet and survey.
2. Install lights at all dangerous turns.
3. Install lights at all road intersections for
identification and safety purposes. * ...
4. Install lights at .public places;. schools, churches,
-
fire houses, etc.
5. Change fixtures from 90 watt to 50 watt high pressure
sodium at the above locations, ast.available.
358 OCTOBER 6 , 1981
PHASE II
1. Change remainder of Town fixtures as available from
90 watt to 50 watt high pressure sodium at a savings
of almost 50% in energy costs.
COUNCILMAN MURPHY: On the survey it means a reduction of about 225
lights and an increase in new locations of about 150 new lights.
I ' m sure there is going to be some more added on later on but these
225 are coming out of areas where really the lights are absolutely
of no purpose and does no good for anyone except cost the Town a lot
of money. Before any light is taken out the street will be reflector-
ized. Reflectors will be put .on and under this policy of all inter-
sections and dangerous curves to show that there is a stop sign
there or to show what the name of the street is. This what we' re
trying to establish in. the. Town on a priority-type basis and there
is another resolution later on authorizing us to go out to bid under
our federal grant program Transportation Bond to buy new lights,
these 50 high pressure sodium lights, and hopefully we' ll be doing
a much better job at a much cheaper cost to the Town. I ' ll offer
that resolution.
COUNCILMAN DRUM: I just might add that this overall reduction of
lights is a great savings in energy and cost to the Town.
COUNCILMAN MURPHY: One area is, if you .notice. on the dual highway
in around Peconic, the lighting company evidently put these lights
up years ago when they first went into the program. They were
transferred over and it ' s costing us quite a bit of money each
year and they serve absolutely no purpose. You. wouldn' t even
know they' re there, and when they' re gone you won' t even miss them.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman- Nickles, Councilman Drum, SupervisorPell.
This resolution was declared duly adopted.
6. On motion of Councilman Murdock, seconded by .Councilman Drum, . it .was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Supervisor William R. Pell, III to enter .into an agreement
with Briarcliff Sprinkler Systems, Inc. , Peconic, New York for
winterizing the sprinkler system at the Southold Town Hall at .a
cost of $57. 50, and spring hookup of the sprinkler system at the
Southold Town Hall at a cost of $57. 50.
Vote of the Town Board: Ayes: Councilman Murphy," Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
7. On motion of Councilman Nickles, seconded by Councilman Drum., it was
RESOLVED that the Town Board of the Town .of Southold authorizes
Building Inspector Curtis Horton to attend a Fire Inspection
Seminar at Scarsdale, New York on October 17th and 18th, 1981
and cost for lodging, meals, travel and $30. 00 seminar fee' be
a legal charge against the Town of Southold, providing the cost
does not exceed $185. 00.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
8. On motion of Councilman Drum, seconded by Councilman Murdock, it was
(a) RESOLVED that the Town*.Board of the Town of Southold transfer the
sum of+ $1, 150. 00 from B3130. 1 Bay Constable, Personal Services to
B8010. 1 Zoning, Personal, Services to provide monies to retain the
services of Eileen Carey as part-time secretary to the Board of
Appeals for a period of 60 days.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. '
This resolution was declared duly adopted.
8. On motion of Councilman Drum, seconded by Councilman Nickles, it was .
(b) RESOLVED that the Town Board of the Town of Southold hire Eileen
Carey as a part'-time 'secretary for the Board of -Appeals effective
October 1, 1981 through Nobember '30, 1981 at a salary of $4. 00
per hour.
Vote of- the Town Board : , Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum; Supervisor Pell.
This resolution was declared duly adopted.
OCTOBER 6 , 1981 35g
9. On motion of Councilman Murphy, 'sec'onded ',b.. Councilman Murdock, it was
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to advertise -for bids for furnishing and 'delivering
luminaire type outdoor lighting fixtures - to the Town of Southold.
Bid opening Friday, October 16, 1981 at 10: 00 A .M.
Vote of the Town Board: Ayes : Councilman Murphy, Councilman.
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly ad-opted.
10. On motion of Councilman Murdock, seconded by Counc.ilman. Drum,: it.-was
RESOLVED that the Southold Town Board declare itself -l*ead 'agency
in regard to the State Environmental Quality Review Act in the
matter of the application of* Richard W.- Seelig for - a wetland permit .
on certain property located on the east- side of Stillwater Avenue,
East Creek, Cutchogue, New York.
Vote of the Town Board: Ayes : Councilman Murphy, -Councilman
Murdock, Councilman Nickles, Councilman Drum, Sup.er.visor. Pell.
This resolution was declared duly adopted.
ll. - On motion of Councilman Nickles, seconded by Councilman Murphy:, 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 Charles DeLuca for a wetland permit
on certain property located on the east side of Wells Road, -
Richmond Creek, Peconic, New York.
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 Nickles, seconded by Councilman Murphy, it was
RESOLVED that the amount 6f '1$97 96f<be and hereby is transferred .
from Highway Item IV, DS9059. 8, CSEA Welfare Fund to Highway Item
IV, DS9060. 8, Hospitalization ,and Medical.
Vote of the Town Board: Ayes:; Councilman- Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
13. On motion of Councilman Murdock, seconded by .Counclman -Drum, -
WHEREAS, the Town Board of the Town of Southold by resolution dated
September 8, 1981 advertised for bids for furnishing and delivering
binder, top and shoulder course asphalt concrete for the surface '
paving on New Suffolk Avenue, and
WHEREAS, the bids for this project were-opened on September 24, 1981
at 10: 00 A.M. , and the lowest bidder was Lyon and. Reboli.-Paving
Contractors, now, therefore,' be it
RESOLVED that the Town Board of the Town of Southold award the bid
for the furnishing and delivering of binder, top and shoulder course
asphalt-,concrete for the surface paving of New Suffolk `Avenue =to
Lyon and Reboli Paving Contractors at their bid -.price of. $41, 600. 00.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum; Supervisor Pell.
This resolution was declared duly adopted.
14. On motion of Councilman Nickles, seconded by Councilman Murdock,
WHEREAS, the Town Board of the Town of Southold .by resolution dated
September 8, 1981 advertised for bids 'for placing binder, top and
shoulder course asphalt concrete on New Suffolk Avenue, and
WHEREAS, the bids for this project were opened- on September -24,. 1981
at 10: 00 A.M. , and the. lowest bidder was Lyon and Reboli -.Paving
Contractors, now, therefore, be it
RESOLVED that the Town Board of the Town of Southbld award the bid
for placing binder, top and shoulder course -asphalt .concret:e on New
Suffolk Avenue to Lyon and Reboli Paving Contractors at their bid
price of $2, 450. 00.
Vote of the Town Board: Ayes : Councilman Murphy, Councilman.
Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll.—
This resolution was declared duly adopted.
15 . On motion of Councilman Drum, seconded by Councilman Murdock, it was-
RESOLVED that the Town Board of the Town of .Southold hire. Kerry
Klipp as a part-time Radio Operator for the Southold Town Police .
Department effective immediately at a salary of $5.. 00 per hour.
Vote of the Town Board: Ayes : Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum,-. Supervisor Pell.
This resolution was declared duly adopted.
360 OCTOBER 6 , 1981
• 16. On motion of Councilman Murphy, seconded by Councilman Nickles, it .was
RESOLVED that the Town Board of the Town of Southold will hold a
public hearing on the 20th day of October , 1981 at 3: 30 P .M. , in
. the matter of the grant of scenic and conservation easement by
George R. Latham to the Town of Southold on certain real property
owned by George R. Latham at Orient, New York and described as
follows: BEGINNING at a point at the southwesterly terminus of a
certain 25 foot private road and running along said line of private
road North 180 37' East, 25 feet; thence North 340 00' East, 265
feet to the ordinary high water mark -of Pete Neck Creek; thence
southeasterly and then southerly along Pete Neck Creek 1050 feet.;
thence northwesterly along, the shore of Orient Bay 400 feet to a
point; thence North 120 52' . 20' East 420 feet; thence North� 710.
23' West 197 feet to the point of BEGINNING. Containing 5 . 3 acres ,
more or less. The proposed grant of scenic and conservation ease-
ment containing the terms and conditions thereof, and the land
effected hereby, is on file in the Southold Town Clerk' s Office,
Town Hall, Main Road, Southold, New York, and may be examined by
any person interested therein.
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 Supervisor Pell, seconded by Councilman Nickles, it .was
RESOLVED that a recess be called at 8 : 03 P.M. for the purpose -of
holding a public hearing in the matter. of the amendment of the current
Town Budget relative to the use of Federal Revenue Sharing Funds.
Vote of the Town Board: Ayes:_ Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted.
Meeting reconvened at 8: 07 P.M.
17. On motion of Councilman Murdock;' seconded by . Councilman Drum, it was
RESOLVED that the application of Sophie T. Saund'ers dated September
9, 1981, for permission to maintain a single family trailer on
north side of the Main Road, Laurel, New York be 'and hereby is
renewed for a six month period.
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 18. We discussed this today in the..Board.
I am going to wait on this until the. next time. the Board meets.
There is information I want to seek out on the gentleman. Basically
what it is was brought up today by Councilman Murdock. Mr. Clark. .'.
(Douglas Clark) is a full time employee in the Town as a Custodian-
in this building right here. He' s on .tonight .and 'a very good
gentleman, we have no complaints, ' but on his time off on. weekerids
or at night if he went to work for Southold Town as a relief. Radio
Operator would he be entitled to time and a half because :it would.
be after 40 hours. I called .Hauppauge today to get a ruling on
this. It did not come back so' I asked .the Board to wait and put
it on the agenda next time when we have a ruling.
19. On motion of Councilman Murphy, seconded ;by Councilman: Nickles, it was
RESOLVED that the Southold Town Board declares itself lead a enc
in regard to the State 'Environmental Quality Review- Act in the
matter of the repair' 'arid 'extension 'of bulkhead grid dredging at
Gull Pond, Greenport, New York by 'the Town of` 'Southold .
Vote of the Town Board: Ages: Councilman Murphy, ' Councilman.
.Murdock, Councilman Nickles, Councilman- Drum, Supervisor Pell-.
This resolution was declared duly adopted..
20. On motion' of, Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Supervisor William R. Pell, III to execute a Copier
Maintenance Agreement with .'Sadin- Corporation--for the. Swing
Motel 775 located at Southold 'Town Police Headquarters, said
agreement for the period July 1, 1981 through June 30, . 1982 at
a cost of $515..00.
Vote of the Town Board: Ayes: Coun.cilman. Murphy, Councilman
Murdock, Councilman Nickles, Councilman.-Drum, -Supervisor Pell .
This resolution was declared Ould 'a.d"YjtP..!� .
OCTOBER:'6 , 1981 ; 361
21. On motion of Councilman Drum',�-n-,,seconeled by Councilman Murdock, it- was
RESOLVED that the- Town Board of -the Town of Southold hereby
authorizes Supervisor William R. Pell, II'I to .execute .a Copier
Maintenance "Agreement with -Savn Corporation .f ore the Savin
Model 775 located in the -Nssessor ' s Office at the Southold Town' .
Hall , said agreement for the period -July 1 1981 through -.June. 30,
1982 at a cost of $295. 00.
Vote of the Town Board: Ayes: Councilman Murphy, Counc.ilma.n
Murdock, Councilman Nickles,, Council.man .Drum,- Supervisor -.Pell. :
This resolution was declared duly -adopted.
22. - On motion of Councilman Nickles, 'seconded by Councilman Murdock,_. it `was
RESOLVED that the Town Board of the Town.. of Southold -grants
permission to the Southold P. T.A , to use the' 'Southold Fire
Department Parking 'Field as the assembly area for their-. -
"Halloween Parade" on -October 3'0, 1981. at '3: 4:5 P.M. ``Parade
to begin at 4 : 00 P.M. , proceed west on Main Road, .south. on .
Oaklawn Avenue, and terminate at Southold High School.. ', .-This
permission is granted provided they secure- the necessar.y -insur.ance
to hold the Town of Southold harmless..,
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman.'.Drum:, Supervisor Pell .
This resolution was declared duly- -adopted-..
23. On motion of Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of .Southold' ''grants .
permission to the Southold P. T.A. to use...the Southold. Fire
Department Parking Field as the assembly area. for their
"November Parade" on November; 21, tjjl,981 at 10:'30 -A.M. . 'Parade_
to begin at 11: 00 A.M. , proceed west -on Main Road,' south -on
Oaklawn Avenue, and terminate,,at Southold: High School.- -'This
permission is granted provided they secure' t_he necessary insurance
to hold the Town of Southold harmless.
Vote of the -Town Board: Aye-s:_Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman_.Drum, Supervi(sor- Pell-.
This resolution was declared duly .'adopted..:.
24. On motion of Councilman Murphy, seconded by' Councilman...Drizm, it .was
RESOLVED that the Town Board of the Town of Southold declare. itself
lead agency in regard to the State Envronmental. Quality, Review Act
in the matter of the application of .Cost'ello Marine .Contrabting Corp.
for Fred Cowan for a wetland 'permit on certain property located on
Fox Hollow Road, Mapes Creek off Mattituck -Creek.; _ Mattituck, _;New York.
Vote of the Town Board: Ayes: Councilman-_Murphy; .Counc.i.lman
Murdock., Councilman Nickles, Councilman Drum, ,-Supervisor Pell.
This resolution was declared duly, adopted.. .
.25. On motion of Councilman Nickles, seconded by Councilman Murphy, it . was
RESOLVED that the application of Herodotus Dainia:nos. dated September
30, 1981 for permission to maintain a single family --tra:iler. Ior- farm
help on his property on the.-north side.:of `Main -Road, Pecondc New
York be and hereby is renewed for a -si,x -('6') month period.
Vote of the Town Board: Ayes: Councilman Murphy; Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor . P.ell .
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 26 through 29 you people do. not -:have and-
we will try to explain them when we go through. `with. th.e_.Board.
Number 26 is a transfer of funds in different departments. , .
26. On. motion of Councilman Murphy, seconded by Councilman :Nickles, : it was
RESOLVED that the Town Board of the Town .of Southold -transfer $500`. 00
from Supervisor, Equipment A1220. 2 into Supervisor, Contractual .,
Expense A1220.4, and -$37, 500..00 from Whole Town Unexpended Balance
into Buildings, Contractual Expenses A1620'. 4- $.16, 100. 00 and
Street Lighting, Contractual Expenses A5182...4 $21, 400.:00, to-pay
October billing and estimated costs through 'December 31, -.1981..-.
Vote of the Town Board: Ayes: Councilman Murphy; . Councilman
Murdock, Councilman Nickles, Councilman Drum; Supervisor ' Pell.
This resolution was declared duly 'adopted. .
362 OCTOBER 6 , 1981
27. ' On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that Supervisor William R. Pell; III ,be and he hereby is
authorized and directed to enter into an agreement for the purchase
and installation of 19..Stratojet Model SJ12, or equal, .ceiling fans
for the Senior/Youth Building, in accordance with the specifications
prepared by Pan Tech Energy Systems, at a cost not to exceed $2, 000..00.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared duly adopted. _
28. On motion of Councilman Murphy, seconded by Councilman Murdock, it wa
RESOLVED that the Supervisor be and he hereby is authorized and
directed to send a request to the New York State Department of Trnas-
portation for a survey to determine the need .for a double solid line
from Rocky Point Road easterly to Dam Pond Bridge.,. East Maribn-, New
York, whereas the Town Board is convinced -such a double -solid line
would be in the interest of public safety:
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor :Pell.
This resolution was declared duly ad-opted.
29. Moved by Councilman Murdock, seconded. by Councilman Nickles,
WHEREAS', the Grumman "Corporation has been the subject of -a -take=over
bid by 4 firm called LTV from Texas, and
WHEREAS, the Town Board feels that in the best interests :of Long
Island the Grumman Corporation should not be acquired by .a firm.
with the potential to be closed and moved out of state, and
WHEREAS, it is in the general interest of. the. employees of Grumman
Corporation who reside in the Town of Southold that this Board
express. their opinion, it is therefore
RESOLVED that it is the wish of the Town Board of' tfie .'Town of.
Southold to 'express their opinion that the a gene ies'.-involved' at
the f ed,eral government level use whatever influence,- they can to
keep Grumman a Long 'I'sl'and based' firm and maintain the job stability
that is necessary for Long Island.
Vote of the Town Board: Ayes: Councilman Murphy, ..Councilman
.Murdock, Councilman Nickles, Councilman :Drum, Supervisor Pell.
This resolution was declared duly adQlted.
SUPERVISOR PELL: The last resolution I have tonight the Board is
not familiar with it., I did-. not discuss it with them- in the.- Work
Session today, but I' would like to ask the Board to approve the .
Federal Revenue Sharing amended budget for -1981. - We had four
hearings, there was no controversey on any :of the.- four..
30., Moved by Councilman Nickles, seconded by Councilman Drum,.
WHEREAS, the Town Board of the Town of Southold held public .
hearings on September 22,. .1981 at. 3: 35 P.M. and 7: 30 P.M. and
October 6, 1981 at 3: 00 P.M. and 8: 00 P.M. in the matter -of. the
amendment of the current Town Budget relative to the .use of Federal
Revenue Sharing Funds, now; therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby amends
the current 1981' Town Budget relative to the use of Federal Revenue
-Sharing Funds by transferring and/or reassigning the sum .of $25, 36.1 . 00
from the following accounts:
CF9005. 4 Bulkheading---------------- ------------$ 8, 500. 00..
CF9006. 4 Land Acquisition----------------------$ - 361. 00
CF9010..4 Sprinkler System---------- -----$ .7,.500. 00 .
CF9014. 2 Highway Equipment---------------------$ 2.,.500, 00
Excess Revenues (.Interest)---------------------$' 6, 500. 00
to the following accounts:
CF9007. 4 New Suffolk Road Improvement-----------$14;300:00
CF. Highway Safety Program----------------------$11, 061 . 00
Vote of the Town Board : Ayes: Councilman Murphy, Councilman
Murdock;, Councilman Nickles, Councilman-Drum, ' Supervisor Pell.
This resolution was declared duly .a opted. _
SUPERVISOR PELL: That ends the agenda we have before us. I'' d
like to ask the Councilmen if there is anything .I left out or
omitted. Councilman Murdock? (Nothing..) - Councilman. Drum?
(Nothing. ) Councilman Nickles?
COUNCILMAN NICKLES: I ' d just like to say that it ' s nice .t_o .have
you back and I hope .whatever' it is you have you didn 't give it -
to us today. -
. 00TOBER 6 , 1981 363
SUPERVISOR PELL: One thing abouth rft` John, ° I lost 12 pounds; if .
anybody would like to lose weight. Councilman Murphy? - (Nothing. )
The floor is open to the .public. Who would like to address the
Board? I am sure there are people here. that . would. .
MR. EDMUND J. BAUMANN, 325 Wood Lane, peconic:'. . Are- you. going to
care to address this issue before I speak as _far as the trailer
on Indian Neck Lane is concerned?
SUPERVISOR PELL: We an inspection today, . the -Town Board "'went. .down
to look at the location of it---who wants to answer it?
COUNCILMAN MURPHY: Bill was sick and I signed " the. permit for this.
The permit was that they came in and. asked -.for a- permit for . a
trailer to be located approximately 450'. feet from the road, to be
used for a period of time of approximately. one year while construction .
was going on to house a foreman. 'or part of. the 'work �creW and also"
while Bill was out the Building Inspector," after receiving a
complaint, Ed Hindermann ,. went down on October. .lst I. believe it was
and came into Supervisor ' s Off ice and reported . that. the trailer is' "
approximately only 200 to 225 feet. from the front yard .property
line and the length is parallel with the r-oad _and .the- permit granted
was to be 450 ft. setback and at right "an.gles .to the .road. I _directed
him to issue a stop work order until this was resolved. : -That '.s where
we stand right now. The attorney for these. peo.ple -had . a letter
'delivered to the Town Board today. The Town -Board also- went 'down
to see the site today. For the record, .if .you would , like to hear
the attorney"s remarks I' ll read the letter.. =
"Dear Mr.. .Supervisor and Members of .the Town Board:. I rep
resent Patricia Marco who is a recent purchaser of the Kull and.
Billard farms at Indian Neck ;Lane at Peconic, . and who was issued
within the last few weeksa` Special permit to install " for a --period
of six months a mobile home- at the farm in,. order to provide temp- .
orary housing for a. foreman, his wife and infant child who were
enroute from Virginia. Since ,the' issuance of the permit the mobile
home was purchased and installed and -the foreman and -his family :
are now residing there.
"The application for the ''permit provided that. :the "mobile home
would be located south of all of the barns on the -property and 450 .
feet south of the bed of Indian Neck Lane. Philip Marco, . the . .
husband of the owner, prepared the application in- :haste on -Friday,
September 18, 1981, and did not compute the actual -dstance. from
Indian Neck Lane to the back of the barn. He -merely indicated that
the distance was 450 feet.
"In the last week, we have learned as a result .of -a certain
complaint from a neighbor on Indian Neck Lane. that the-Area adjacent . '
to and the south of the barns is consid-erably .less than 450-"feet :
Unfortunately, by the time that the significance of the:".distance
was learned and as a result of the general haste with- which the
project necessarily was pursued, the septic tanks . had .already been
installed, the well had been driven, the electric had . been strung,_
and the mobile home had been placed and levelled.
"We understand that some of the .complainants.:.have . withdrawn
their objections, realizing the .predicament- of -t_he .Mareos- and their
foreman and his family, and particularly the temporary nature of
the current arrangement .
"I am writing to you specifically to request that we" be
permitted the continued approval. of the Town with respect to the
installation of the mobile home as it now stands and that effectively
the application be deemed amended nunc pro tunc to reflect the - -
present location.
"The Marcos appreciate the difficulty in .which they find- them-
selves and their foreman and his family. . They are new to the area
and badly wish to demonstrate their good faith and interett in
proper neighborly relations. They did not understand that an error
had been made nor indeed that the error . .was of .such significan:ce '
until after the site work had been essentially completed." . _ _
"In order to assuage any complaints or objections, the Marcos
would be happy to comply with any direction o.f .the Town. Board or
the Building Department with respect to .erecting or installing a*..
berm, a row of 8. foot evergreens, a continuous line of fencing .
(with Building Department approval) or ank other arrangement that
would permit the existing location of the mobile home ."to stand, and
more specifically would permit the existing location of the site
improvements (electric, septic system and well) to remain as now
installed.
364 OCTOBER 6, 1981
"The Marcos anticipate that the problem will be resolved within
the Spring of 1982 and that the mobile home will be removed from
the premises. They have no interest in continuing to 'have the mobile
home on the premises since they candidly_ share their neighbors'
lack of enthusiasm for such structures.
"I apologize that I cannot be present to present these remarks
to the Board. Unfortunately, after I advised Mr. and 'Mrs. Marco
that I could be present for the TLuesday Board meeting, I was
required to fly out of state in connection with another client ' s
problem and I will not be able to return to New York until, Wednesday,
October 7.
"I would be grateful if the Board would work with the Marcos
and my office so that a solution can. be reached with respect to
this problem consistent with the needs of. the neighbors 'and' the-
quite unintentional manner in whcih this problem arose.
"Respectfully yours, Anthony B. Tohill. '' . .
That ' s what ' s happened so far and if anyone would like to comment ,.
we' ve also had a letter on October lst from Edmund Baumann bringing
up several of these facts on it . Anyone care to comment or offer
any suggestions or any directions for the Board?
MR. BAUMANN: ' I ' d like to . read something to you and try to make it
as quickly as possible. I am sure there are other. people here that
would also like to speak regarding this matter. First , let me
state and emphasize my actions concerning this mat.ter .should no
way be interpreted by anyone as an affront against the owner of
this property, Mrs . Marco. As a matter of fact., . I believe 't.hat
everyone in this room who has accompanied me here tonight .from
Indian Neck shares the same feeling. Mr..- -and Mrs. Marco are
doing a commendable job on the restoration of their :home:- On
the recent placement of a live-in trailer on his property forces
my neighbors and myself to question some very .fundamental .principles
in this Town. Since when can live-in traiiers' be placed. on or '
adjacent to residentially zoned areas? Do .we ,maintain a double
standard zoning in Southold? Indian Neck, like many other areas
in Southold contains many homes on .acreages valued .in excess of .
$100, 000. 00. The real estate taxes are equally inflating consider-
ing we don't have Town water, Town sewerage or Town -garbage removal.
The point of the matter is that we enjoy living in Indian Neck. It
' has in the past been a most beautiful area.. Creeks, .barns; fields, .
woods, houses and we intend to keep it a beautiful area.. Thi's . live-
in trailer is an eyesore, there is no other_ way, to' describe it. You
can' t hide it , it' s there. We want it removed and we want it removed
rapidly and permanently. I understa.nd. the owners of the property,
the. o weer of this property, has asked that the .trailer be used as
temporary housing for a caretaker and his. family. This leads to
many questions: (1) Does any person., in Southold, -who restores or.
plans to restore a home, have a right to erect a live-in trailer?
(2) Can a second family and a second home or live-in- trailer be
placed on a parcel of property that may- be zoned for single family
residential? (3) .What is the definition by the Town of Southold
regarding the temporary or six month siting permit? What happens
after six months? After six months if local residents complain can
you guarantee that you are going to remove the structure? . What if
there' s an objection to it prior to even. issuing. the permit is made?
I am personally embarrassed by this matter as well as my neighbors.
However, I am more embarrassed by the actions of those representing
me in the Town of Southold who have permitted. the situation to
initiate and develop as far as it .has. This never should have
happened. Where' s our Town' s common sense and judgment? The local
area residents should have been notified prior to _any. agreement '
regarding this trailer. We continuously. talk .about communications
from politicians down to the public. I want to know where were .
communications this time? When I purchased my. property in. Indian
Neck and had my -home built several years ago I was introduced to
and accepted many stringent binding constraints from the Town of
Southold. My home had to contain X number of square feet of, living
space, had to be placed on permanent foundation or concrete block
and also included was a two page rider stipulating that no house
trailer and motor homes could ever be erected on the property. Do
. we have a double standard zoning for Indian Neck? Can we now all
buy an acre of farmland and move in a trailer maybe for just six
months at a time? Here is -a hypothetical, though I think accurate
case. : I live in New York City, I want a summer house for my
family. I purchase a few acres 'of farmland in Southold. I move
OCTOBER 6 ; 1981 365
a trailer on to this, proper'ty. ;' I 'now have a cheap summer home,
supported by Town who issues six month temporary permit's. If the
Town of Southold refuses to issue or renew my permit , I' ll sue _the
Town. Precedent will already have been set . : Refer -to this live-in
trailer now being located on the Marco property. Carrying this
hypothesis one step further, I hire a caretaker for -overseeing my
trailer is safe. The caretaker' s trailer will also -be erected on.. -
a six month temporary permit, so the- pyramid grows... The fine point
of this matter is that all Southold Town property owners are. -
being affected, seriously affected by the situation.- . The concept
of erecting live-in trailers in and among -residential zoned .Southold
Town areas will affect even members of our Town "Board. . Think about
it. In conclusion, I strongly believe that -the -Town of- Southold
representatives responsible for this situation have very .seriousl:y
erred. As rapidly as the trailer was moved on . o this property
and erected, I asked that it be as rapidly -removed and removed
permanently. I have been informed that the farmland`. on. which
this. trailer resides possibily may be used for har.vesting'. grapes
or horses. This would be wonderful. Better agriculture- than -a
housing development, however , no way will we accept trade-offs,=
or any bending of rules and principles relating to zoning or'build
ing codes or building constructions_,' . I.f a person' owns_ one acre of ..
land or owns a hundred acres of land, whether he be a. farmer ;
engineer or senior citizen we are all entitled - to and demand: equal
treatment from the Town of Southold. Exceptions .will .be .made .to
no one. No deals, no .bargaining, etc.- This trailer is- an eyesore,
this trailer is not compatible under the. 7law, this'. trailer must be
removed.
SUPERVISOR PELL: Thank you. Anyone - else wish to speak .on- the .
matter?
MR. GEORGE MORAN, Smith Road, Peconic: I am the. chairperson of
the Indian Neck Park Association and Chairman in .charge of civic
affairs. This encompasses 34 'families residing on Smith Road.
If you will, I have a petition to read- and I would like to submit
the same.
"We, the members of the Indian Neck :Park Ass'ociatibh., Inc .
support the position stated by' Mr. Edmund J. Baumann in the enclosed
letter , dated October 1, 1981. "
Unfortunately I only have eighteen families -that. were present
this past weekend. Ten other families were phoned 'and they support
the purpose that we are here addressing. ourself to -this evening.
The feedback I have received from most of the people . I .have spoken
with on the phone that just couldn ' t make it this past weekend or
be here- tonight, is in essence, what is this place all. .about? Mean-
ing or identifying with Indian Neck area. And they .travel, in some
cases,;. from Jersey, over hundreds of miles just for the .aesthetic
view, the calmness and everything that this -area stands for.' Some
of them have been summer residents, .these are the people 'that have
not signed this, but asked me to speak for them, in many cases twenty
to thirty years and they have very strong feelings- about. the .aesthetic
beauty of that land. They asked one or two major :-questions which
seem to be dominent and that is (1) What- or how you define this,
George? Meaning they're speaking to me. Is this- a multiple dwelling?
No. Is it a permanent dwelling? I don' t know.. There seems to be
ambiguity. Yes, there does seem to be ambiguity. I can' t answer
you intelligently. Is it a trailer? I don' t -know. , That ' s- why
I 'm here tonight to find out. Secondly the question would come
up about the six month issue, . the renewal. Is a technique to ,.. .
permeate, so to speak, trailer type sites? -.Would I be able .to
find- out from the Board. Over the last five years, to the best. -of
your knowledge, renewals of this six month type permits, has -any
of them ever been denied? If they have ever been denied,. what
_ were t e grounds for denial? This is a very- important question--so
far as my people are concerned. Thank you very much..
SUPERVISOR PELL: I' ll answer you on that one. I ' ve been on -the
Board, Councilman Drum and myself, came on, this December will be
four years. In the four years .that we have .been. here we have .
granted three new trailer permits including-this one.- . I- was not
present when this one was done. We granted one to a family- who
had their house on fire and they got burned. out and wanted to
rebuild their house in the present location. They asked for a
trailer permit to rent a place to live. in for - the..wife and kids
366 OCTOBER 6 , 1981
in the back yard while they rebuilt their, house. - - That was one.
The second one was for a Polish farmer' s coop exchange- workers
coming over here---we sent some of our people there,. they sent
some of their people here--in Mattituck. That was the second one
that I can recall in four years. This is the third one. As far
as denying any renewals, we have not that I know of denied any
renewals in the last four years.
MR. MORAN: There is a great fear , and rightfully so to our people
that this may occur. Thank you very much.
SUPERVISOR PELL: Anybody else wish to address the Board?
FRANCES KOSLOWSKI : I am a full time resident of the property- that
we own at 6400 Indian Neck Lane. I am a very interested party here,
but I am also here as a member of the Board of Directors of both the
AAUW Shelter Island-Southold branch and the League of Women Voters
of the Riverhead-Southold chapter. They'. are very much .interested in
this matter. If the Board has gone down Indian Neck Lane you realize
that this mobile home or whatever you call it is at the gateway. of
a mass of land known as Indian Neck. One of the most beautiful
. pieces of land in the Town -of Southold. We have -Richmond Creek on
one side and Hog Neck Bay on the other. Everybody that has bought
property on Indian Neck signed deeds With two pages of restrictions,
at least two pages of restrictions because we 'wanted -to -keep this
a private area. One of the restrictions was no mobile homes at ' .
all . and that 's why we're so .upset about our gateway.
DOROTHY LUECKOFF: I am not accustomed to speaking in public, please
forgive me. I live on Spring Lane, my husband and ' I'. We bought in
169 an abandoned house. Waterfront on Richmond. Creek and it is
absolutely beautiful. In 169 we came out to work very hard on
remodeling the house which took us five years .-to rehabilitate.
In about ' 70 on a weekend we came out to f ind 'the, neighbor.in.g ..lot
. was dug up .and the next week or two we found a -mobile. home--installed
next to my lovely acre on Richmond Creek and my -heart. sank, I didn 't
believe Southold could do it. I am a sensitive person , I 'm not a
fighter, I 've sort of lived with what had already...:gone by the board
and now suddenly everyone on Richmond .Creek is'' aware that there is
another mobile home coming to them. I' ve .lived with it as a next
door neighbor . An old woman, retired, with chickens and I gave
willingly because the woman was establishing another life style to- .
survive in our crazy world, right? I tolerated that. The adjoining
property changed hands to Mr . Copiobianco. who' has established ,a junk
yard. No one in this Town seems to give a damn whether or not . this
mano erates as a junk and as a commercial p � y junk yard or what.:
Again I have tolerated it because I don' t feel that i- should
pressure my neighbors who are bringing up .young children., why
should I disturb his life -style but he has ruined my values.
If I had $100, 000. 00 there I now have about -$50,.000. 0.0. . You
drive by a house that is deteriorating with a huge junk .yard
in the back, you drive past a mobile home, which is well main -
tained by a young couple who I sold to because I am in realty
and my desire was to get a young couple who could maintain that
little trailer and they' re doing a beautiful job and that- I- am
grateful for. I drive past these two things to get to my home
on the creek which I adore. I have made a gorgeous home of it ,
and I 'm an artist and I have. great respect for the community but
I have a real bitterness about ahyone who could let any kind. of
mobile homes come into the area, and destroy people' s quality of.
their investments. Thank you.
SUPERVISOR PELL: Thank you. Anybody else wish :to address the
Board? Yes, sir.
FRED MARSLAND: Dr. Marsland. I have just returned from Washington
where I am with the National Academy of Science, with the Research
Board. What I am astonished hereby the remark that- there only were
three buildings or permits issued. How .come in all those years that
suddenly a building was issued so suddenly. I just don' t know. The
one that you mentioned for. the Polish exchange students, the trailer
is well hidden on Oregon Road., you don' t see it. There was a specific
need for the people who had their house burned.. I . would just ask why
was this- permit issued here to as to completely destroy our area with-
out any need? And no notification. May , I ask that? .
OCTOBER 6 , I981 367.
Y
MR. MURDOCK: I don"t think any intent was to "destroy am area. The
request was for a temporary structure while they were building .to
house their people, to last no more than a year:
MR. MARSLAND: Now, may I just answer. you, sir: That. -in." th-s case
Mr., Pell has answered the question that in _ all. his. exper ience- no
six month "permit was denied for an extension. In other words, as
far as we are concerned, all those people, . once a six month:.- Permit
is issued by you in the absence .of Sup.ervisor .Pell---
SUPERVISOR PELL: The Town Board issues them, : No one individual on
the Town Board is individually responsible.
MR. MARSLAND: The Town Board then . Why was t "neve'r .revoked?.
MR. DRUM: We had many. This was a six month- permit . " We granted
six months. We have approved many six month.- permits and after that.
-time the structure has been removed. That .has been. done. We .had
one down in East Marion not so long ago where this was .strictly six.
months for the new purchaser of this property- to get: whatever -but
strictly a six month permit. That" is all. that we. issued--for six
months. It was never our intention that it would rema:iri beyond -that
period.
MR, MARSLAND: Okay; thank you very much, . sir.. You an.swered..
COUNCILMAN DRUM: At least that "was my, int.ention -when it was
approved but only to, assist this new owner to establish, himself
or the buildings and what not,- whatever was necessary'',t.o .be done
during that. period.
MR, MARSLAND: You know how ugly- it .looks, . I. don' t have to.-t.ell you.
It looks like a concentration camp.
COUNCILMAN DRUM: It was not put where it was requested; . that ' s
why there is a stop order at= present. . It was not put where it . "
was supposed to have been put.'
MR. MARSLAND: Well, thank you very much, : but .I`.would just like to
say that the haste in which it was issued just is. ;puzzling,
COUNCILMAN MURDOCK: There are several ..points I would like to make.
Mr . Drum did touch on one. I was . going to correct the Supervisor.
It wasn' t for a residence, he did say residence: : The. Department of
Transportation had asked for a six month. permit -for a- _trailer. to be
used for • maintenance of records, a work trailer for their construction
in East"Marion. We did approve that permit. .' -"Subsequ:ently .we .`were
informed that the permit was violated. They had,.mov-ed the -trailer,-
and I don ' t blame them, they had put it .on .a nice waterfront part of
the property. It was excellent . I wouldn' t mind. staying there for
six months myself. However , it was offensive to . the. people - in the
area and it was a violation of the permit -and we .rescinded the permit
at that time because there was no. way that we could" get the amount of
work that was being done on the property-=they were ,storing too much
heavy equipment as well as having put .the .trailer in `the wrong location
and it was an assault to the people in the area and we did rescind
that" permit . The biggest part of my approving this trai.ler ;. of course,
is. the first intent is to try and help somebody solve a temporary-
situation. They presented a plan with a 135 acre piece of. property
which is the combination of two. pieces of 'property.. They --also'-said.
it would be 450 feet back off the-.road.. I happen -to live .in the area,
I have been friends with the Kull family, of both familie.s""for maybe
15 - 16 years and in my opinion being 450 ft. back from the .road that
building would be in a Swale and not be visible-, "might. perhaps A "
portion of the roof line might be visible and from 45,0. feet I- didn' t
believe it would honestly effect anything"_:but. it was n.ot put. back.
in the Swale and it was not put back 450- feet.. That now poses .a
problem that we have to try and resolve and as you know we have a
letter from Mr. Marco or Mr. Masco' s attorney and: he ha.s off eyed. to
landscape around it . Even the things that he. has offered to do he
seems to be trying to ameliorate a situation.- - However; -we are in "a.
position where we have a violation of what he had said to us to do
and as I say, that 450 feet was important to me because I -had :felt
that that would put it in a part of the property that .would . not 'be
visible from the road from either direction.
368 OCTOBER 6,, 1981
RESIDENT% What is the reason that 'Mr . Marco needs a trailer and a
supervisor? We all have built houses down there and we didn' t have.
trailers .and supervisors to do it.
COUNCILMAN MURDOCK: . I got the impression from the application that
he was attempting to do some work on the property and the site in
terms of combining the two pieces of property. . . Whether he- was
going to establish a nursery or whether he -was going to establish
a subdivision wasn' t clear to us but he was doing some work that
required temporary quarters and .temporary help. - On .that basis--
the most- important thing again, to me, was that it was going to be �
back in a swale and out of sight and that -would solve two problems,
his and hopefully and not create one.
RESIDENT: If you remember some years ago we -had the .same argument -
about a trailer I believe it was Cichanowicz proposed putting 'a
trailer up on Indian Neck Lane and we. again fought it and were very
.happy we did because now they have a beautiful nursery there-, .and.
we were afraid and we' re a little afraid of the same .thing 'in this
case. But the trailer is there now for one purpose. but it may be
used for a different purpose later on. :
SUPERVISOR PELL: Thank you. Anything else, Larry? Anybody else
wish to address the Board on. this? The ' situa.tion the Board finds
itself in now is it did issue a trailer permit. I or six months under
certain restrictions the trailer be placed in a certain spot., The
trailer is not where it was supposed . to be p,laced,- a stop work order
has been issued on it, and that is where we find the- Board. . If the
applicant, Mr. Marco does abide by his: application, .-put the trailer
where he says it would in his permit , the Board has, in my way of
thinking, and 11m only one member of the Board, ha.s. given_ this man
a permit for six months under certain conditions,.. If .be meets these
conditions then it - would be up to Town Counsel . if--the Board would
want to revoke it, but after we did already agree, even though I was
not here I still go along- with the Board; it . was- done. . There is a
stop work order out now .in. its present location and it .will not be
allowed to stay there. . . Councilman Murdock,
COUNCILMAN MURDOCK: May I ask the people -in the audience- if you''Ire
familiar with. that property -in- that Swale do you feel that 'if it were
back 450 feet in that swale it would be less offensive for a .temporary
measure or do you still feel it would be off ensive 'in total?.
AUDIENCE IN GENERAL: No:.
MR. BAUMANN: You are se.tting. a precedent . I can feel for these.
people. I personally went through a hell of- a lot of. mental agonizing
over this matter but I had to weigh very heavily and I spoke to a lot
of people and did a lot of thinking about it and unfortunately what
you people are doing is . you"re establishing a precedent in a residentiallN-
zoned area and no way can we accept this.
COUNCILMAN DRUM: That is not so as far as establishing a precedent ,
MR. BAUMANN:. Well, as it is right .now,. . I think you're opening the
door fora lot of . other things.. . Aesthetically noway does- the thing
fit. That ' s number one,. Number two, as indicated earlier, for a
victim of a tornado, victim of fire, victim of flood I' am sure that
every person here would open up their hearts and probably their
homes to these people.. I don 't think this is the case. 'I don ' t*
think it is out .of tremendous. need or necessity I don't personally .
feel what their needs-_are as far as having a caretaker or what_ have
you, I don' t see where that situation is why they would -have -to
put a trailer on the property.
COUNCILMAN NICKLES: I' ve listened to what you folks from Indian
Neck have had to say tonight and I think along with the rest of
the Board we are sympathetic to your feelings. and we understand
what you' re talking about and Mr. Drum and-1 both happen. to be
involved in real estate business and certainly we' re well aware.
of the impact that you are talking about. However, .I would dis-
agree to some extent with what you are saying,Mr. Baumann, with .
the scenario that you drew when you initially got up to speak.
It is not the intention of the Town Board to create any precedent .
As you indicated, and the other lady over there, Mrs.- Koslowski, I
believe, when you bought your property there was a lot of covenants
.00TOB ;, 5 1981 369
and restrictions on it. These -have nothing to. d o'with the. Kull
property, they have to do with the property that you' re_ ori.. They
have nothing to do with the Town.' As someone: pointed _out. :that ..it
was a nice idea that somebody was going to preserve this .135 acres
of farmland and use it as some form of agricultural purpose. . Where
most of these temporary trailer permits have occurred '-.they have
occurred on agricultural property. 'There are nice .advantages. of
being next to a farm, there are also some disadvantages, and I
don' t think it was the Town Board' s intent to harm .any `.of the -.
property values, any of the people in that. area. . As Mrs Murdock
and other Board members have indicated,. we looked -at 13.5 acres, .-
we had a plan here that showed the building -as 12 -feet .wide. The
12 foot end of that building was supposed -to be. 450 feet back from
the road and behind all of these out houses It didn't appear to
me, as one member of this Board, that. it. was_ goi.ng to .be . an unsightly . ,
problem and it has been, if I understand -it , in ; the past; :something-
that the Town Board, other Town Boards: than t.his one, .- r.elatve to .
agricultural property have granted on a temporary basis. -,It is not
my intention that when the six months is up -that this is going to- be
renewed at this point in time. I don't. .know where we'1re .going to go
with the legal aspect of this inasmuch as it has not conformed to -the
Town Board' s permit that has been granted.: If he' doesn '.t conform,
I would like to believe that the Town would *prosecute .and force them
to comply. I don' t know what else to add- to that other than. I - did
bring along the regulations regarding automobile trailers and. hous.e
cars and it might be beneficial if I read it . This. has to do with
automobile trailers or house cars. "Notwith-standi-ng any- other provision
of this chapter, a single automobile trailer. or: house car- may be
located outside a tourist camp. only when authorized by the Town
Board and subject to such conditions as may be prescribed by the
Town Board. " This is a building' that I .believe - is 73o. sq. ft . . It
cannot ever become a permanent; structure. to meet our Zoning. Code.
The minimum house requirement ' in the - Town -of Southold' I think' is,
850 sq. ft . It is my understanding that. this:-.-although it. is on,
I think on some kind of blocks`, I don't .know that it '•s- going on
a permanent foundation or that_ was the. original intent . - The Town
Board sits here and we've been chastised by you folks tonight and
it was never our intention 'to get so many people aggravated .and
what we did, I think, was to try to accomodate somebody-..who , is -
going into an agricultural area and allow them a . temporary. dwelling
while certain modifications occurred at the major struc.tures� that
exist on the property.
SUPERVISOR PELL: Thank you very much: . The gentleman right here,
and then . Councilman Murdock wants to. say something. Y
JOHN SISINO, Robinson Lane, Peconic: I' d - like. to ask a few.
questions. Number .one, what criteria does the Board -use in issuing
these permits? Number two, I' d like to ask would it be proper to
poll the Board and ask them six months what .wi-ll .their"'p6sition be
on the renewal of this permit?
SUPERVISOR PELL: We may not be here six .months from now,
COUNCILMAN DRUM: I might answer.. I issued this ._as a temporary
permit strictly for six month period understanding that. it was
on 135 acres of land and it was going to be 450 feet .from the
road. Strictly temporary. I voted in favor of it under those
circumstances. That was my intention,
MR. SISINO: What I ask, Councilman Drum, the first -question was
what criteria does the' Board use in granting these permits?
Second of all, six months from now, assuming that you will all be
here, what position will you take? I think it is -a fair question
to ask now in light of the letter that Mr. Marco .has sent through.
his attorney. What position will you take?
COUNCILMANIRUM: At that particular time it- was my intention when.
I voted in favor of this request that it would be six .months . and
only six months. Now it just so happens I won'.t be here six months
from now.
SUPERVISOR PELL: The criteria--I think I am going to. speak- for the
Board on this. Each application is. considered on .the -merits of it ' s
application. As for the people from Poland we considered. that one.
The one in Greenport where there was a fire we considered that . one.
We have considered each one on its own. merits. Each .case is 'different .
370 .pC � _.._ r 1981
MR. SISINO: I might also point out' in agreeing with the Board,, that
there are a number of precedents on Indian Neck that have been there
for a number of years, at least 17 years -to my. knowledge there were.
trailers existing on Indian Neck. In certain cases they no longer
exist and in other cases they continue to exist . . I .personally. as a--
I don' t speak--although I' m president of the Civic Association for
Robinson Lane, I am not speaking in an official capacity, but in
light of the letter that was sent by Mr. Marco's attorney I feel
in a good neighborly spirit it ' s a reasonable request only with the
condition that at the end of six months they abide by what they have
stated in that letter that that trailer will be removed. And ' that.' s
what I would like to know, will this Board abide by ' that letter and
in six months not renew, or can they? Mr. Tasker, can they?. Can the
Board deny the people?
TOWN ATTORNEY TASKER: I see no reason why they cannot ,.
SUPERVISOR PELL: Absolutely we .can deny them.
TOWN ATTORNEY TASKER: As a matter of fact most of. the. applications
are denied, and most of the ones that are renewed are. on .trailers
that existed long before we had zoning and they have .'a constitutionally
protected right. So legally speaking it is very questionable whether
we can ever remove them.
COUNCILMAN MURDOCK: Again, in response to Mr. . Bauman.n. . We do have
legal mobile homes in Southold Town. There is_ provision an the
Southold Town Building Code. We have an area an Southold towards
Bayview Road, towards Goose -Creek, .I believe there is six. and we also
have an area behind that where there is one set on a foundation that
is in a hilly area. Those are the only ones that I think of off hand
but I know we have homes and we have provisions that if they meet the
Town Board' s requirements or the Building Department ' s requirements,
Code requirements that they are legal. . They, do me.et.,exi.sting building
standards. They may not look like a trailer or .mobile..home any more,
. we're now into double wides, we' re into 24 by .601's and they now call
them modulars, as Henry said, but we do have a provision in our Code
and we do have homes in good residential areas that are on foundation{
and they are permanent . We would try to control that . certainly. If
somebody does come to this Town Board that meets `the. rights that they
have within the framework of our town laws they are entitled to
proceed.
MR. BAUMANN: Is it not left to the discretion of the Town Board?
MR. PISARELLI: I live on Indian Neck Lane and it seems to me that
the Board has made a commitment in this judgment 'as far as this
mobile trailer is concerned and I also get the. feeling that they' re
not going to rescind the commitment that they have. I, would. like
to have another commitment from the Town. Board . t-hat they will hold
this gentleman to the letter of the law and if . he does not confine
to the letter of the law that we have at least that commitment
tonight that he must confi.ne -to his original agreement with the
Town Board and if he does not then you will rescind .his permit to
have this mobile home.
SUPERVISOR PELL: That stop work order as far as I am 'sitting in
this chair will stay in force until he abides by his original
application.
MR. PISARELLI : Yes, but I have also Iistened' to the letter Which.
hislawyer eloquently wrote and I hear some sort of things about
well, would you be satisfied if they covered it up with trees or
fences or so on and so forth. Now, what I am sayings I would
like to have a commitment that (a) he has to abide by the letter
of the law and if he doesn ' t then you will rescind his commitment
that you gave him.
COUNCILMAN MURDOCK: There ' s one way that we would abide by it and
that is if you people feel comfortable that . that would ameliorate
the problem, and it won' t .
MR. PISARELLI: Well, obviously the group does not, it wants the
trailer taken off the property.
COUNCILMAN MURDOCK: Well, then as far as I 'm concerned I will revert
back to my 450 feet which as I say -I believe will_put it .in* a swale
and---- -
OCTOBER 6 , 1981 i• :. 571
° MR. PISARELLI: Does the total -'BoardY 'feel this' way?
COUNCILMAN NICKLES: I was trying to state that if' he does note
put the building where he applied for it that we' ' ll -have to
proceed with legal remedies that are available t'o the Town. -
That' s the way I feel about 'it. Because I . feel . if we do what
Mr . Tohill has requested, which sounds reasonable -when your ead
it, it is not reasonable when a man .should be fairly .responsib.le '
who owns this amount of property hastily misinterprets where his
building is by two hundred and ' some odd feet .and- then? h-e.' s asking . ...
us , to put more money into a location by. building a __berm, which
costs money and by planting shrubbery on it- that costs. money_ ', then
I feel the Town Board is putting themselves in a precarious
position because when this permit. comes up he say we have a. har:d=
ship here and you know you guys made us do ths: and. that- and so .-.
forth and it cost us a $1, 000. 00--$5, 000. 00 or._ 10� and we .now-have
a capital investment here. So, each Board member % I .am sure can
express himself but I certainly feel that I -was dismayed .when the-
fellow put his building so far out of kilter- with what .he suggested
on his plan and as far as the criteria I .think that' s the same
answer.
SUPERVISOR PELL: I 'd kind of like to wind.. this up. I* think
we' ve hashed it out pretty much. I .think -the Board''.s position-- .
I. hope it is--I know it. mine, that the stop work or"dery will
stay in effect until he agrees to go to his original 'r:.equest.
MR. PISARELLI : When was it issued?
SUPERVISOR PELL: October 1st,
RESIDENT: The hole was being;'dug :"yesterd.ay.
SUPERVISOR PELL: We will have. the Building 'Inspector- down there
tomorrow to see and makes sure that ' he understands that t.he .stop
work order will stay in effect- until. .he .agrees to his original
application. If he does not agree to it then .the Boatd will.have
action it can take.
MR. S.ISS:INO: Bill, I hate to belabor this , but .I •would just Mike
to get an answer to one. of my original questions. Can the Board.
give us a commitment at this time that at the end .of the six month
period that permit will not be renewed?. As stated- .in- Mr. Tohill ' s
letter he only wants it for--can a rider .be attached to the permit
saying it is only good for six months?
TOWN ATTORNEY TASKER: The permit has a : specific. six '.month . .
limitation.
MR. SISSINO: Subject to renewal, though, i-s it not?
TOWN ATTORNEY TASKER: No, it is not.
SUPERVISOR PELL: Each time six months is up they-must file a
new application.
MR. SISSINO: Thank you very much.
COUNCILMAN MURPHY: I 'd like to advise people, rball: , .that . the
Board certainly didn' t act to hurt anybody-' s feelings, anyone.' s
property values or to cause any problems -whatsoever in .the-
neighborhood. I think we're all in agreement . I 'm in the business
of making places look nice and John and Henry sell property and
we were the ones that issued the. permit . I was .the one that .signed
it for 450 foot back in this swale that Larry is talking about;. where
if he was in there and facing the trailer. in the right way probably
you wouldn ' t even notice it nowhere near .as -much. It '.s beyond me
how somebody can make a mistake of 100% in measurement to only go
200 feet when it is supposed to be 450 foot. - We were the ones, the
Town Board, that issued the stop work order. to . stop this because. he
was in violation of a permit that we issued. in good faith trying to
help a man for a temporary six month solution. to a problem -that .he
had. Maybe he was doing the barn, I don ' t .know why,- he came in to
the Town Board and asked if we could help him do this and this is
what we did. Now, this man certainly - hasn ' t-acted in the proper
way and certainly hasn' t gone by the word of his _permit :and -it was
372 OCTOBER 6 , 1981
this Town. Board that stop the construction. Now, we did make 'a
commitment that if he wanted to put his trailer 450 foot back, which
on a large parcel of land really isn 't that bad, for a six month _
period of time. I don't think it would really hurt -anyone' s values
and this is how we acted and this is how we're acting now. We' re
interested in your property as much as you are. ..
COUNCILMAN MURDOCK: I ' d just like to remind the .people.` If anybody
has any doubts that this Town Board, in these .cases, does act. and
act strongly, if you could find some people, make the'.acquaintence
of some people in East Marion who' felt the same -as you with this
work trailer permit and with the trailer permit. They had to come
to the Board three or four times to 'show us that-the-man was not
doing what we had said, each time we' d say now he has. to stop this
and they' d come back and say yes, but now he' s doing this. When
people are what I would call bad neighbors, their. bad neighbors,
but with the assistance of the people in the area. this Town Board
did insist and insist and insist and finally we completely rescinded
the permit and the State was forced to move and their contractor was.
forced to move. And if it will give you any peace of mind, .if you .
know some of the people who live. on the Main Road in East Marion or
if you want to come and pursue the Town records, all the minutes
from our meetings are there, we did act , we -did force that trailer
to be removed because the people involved with it would not comply
and there is no reason why we wouldn' t do it here.
COUNCILMAN DRUM: You know, we still must take the due process of
law. He may tomorrow be digging and there are. �certain legal actions
that we--and we must take appropriate legal action.
MR. BAUMANN: I hate to bring this point up. But just out of
curiosity, when you people issue a permit, when you are..about to '.
issue a permit, as a suggestion, you should .publicize. it. That.. "
you go in the local newspapers. A lot of us. are working long
hours, a lot of us are in the city, sometimes. duri.ng the week we
can' t make it to the meeting. Permits should ' go ' in the papers
prior to being issued. Item number one'. ' Number two, . before any
type of structure is placed, such as this .one ,` there .ought to be. .
a survey done., you ought to have survey stakes out there and every-
one should know where that property .has been surveyed. All of us
here who built homes had to . have about three or four surveys made.
I don't understand why no stakes were found to be put down and no
formal surveys done nor any type of inspection .made to his farm.
If it was, maybe they moved it anyway, I don 't know.
SUPERVISOR PELL: Good point.
COUNCILMAN DRUM: We had the layout on where it was going to be.
SUPERVISOR PELL: If there is not anything else, I would like to
adjourn the meeting.
On motion of Supervisor Pell, seconded by Councilman Drum, it was
RESOLVED that there being no further business to come before this .
Town Board meeting adjournment be called at 9: 15 P.M.
Vote of the Town Board: Ayes: Councilman - Murphy, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.
This resolution was declared 'duly adopted.
udith T. Terry
Town Clerk