HomeMy WebLinkAboutTB-05/09/1978 SOUTHOLD TOWN BOARD
May 9, 1978
Executive Session
During ,-the morning executive session Mr. Frank Csajko, Mrs. Gladys
Csajko, and Mrs . Haines met with the .Board to discuss the North Fork
Animal League ' s proposed shelter. The NFAL requested, at the last
meeting of the Town Board on April 25th, that consideration be given
to the Town donating a parcel of land to the League for the shelter
site. At this time, it was determined. that. a parcel cannot be ' donated,
however, if a piece of land - is available, arrangements might' be' made
to lease 'it to the League for a nominal fee. " The Board members will
study available Town land and - meet with Mr. Csajko again in the near
future to discuss the matter . A further consideration to look into
will be the zoning requiranents on a parcel of land to be used for an
animal shelter.
A regular meeting of the Southold Town Board was held on Tuesday,
Way 9, 1978 at the Southold Town Hall, Main Road, Southold,_ New York.
Supervisor Martocchia opened the meeting at 3: 20 P.M. with the follow-
ing present:
Supervisor Albert M. Martocchia
Justice Martin Suter
Councilman James Homan. .
- Councilman Henry W. Drum
Councilman William R. Pell III -
Town Attorney Robert W. Tasker
Highway Superintendent. Raymond C. Dean
` .. Town -Clerk Judith-T. Terry
Absent: Justice Francis T. Doyen.
Supervisor Martocchia apologized for starting the meeting late, which "
was due to unfinished business , some of which is . still unfinished;
and the Board will recess this meeting at this .conclusion to go back
into. executive session.
On motion of '.Justice Suter, seconded by Councilman Drum, it was
RESOLVED .that the minutes .of, =the Southold .Town .Board .meeting held
on Aril 25, 1978 be and hereby are approved as submitted_.'
I
Vote of the Town Board: Ayes: Councilman Pell,. Councilman Drum, '
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that the next regular meeting of the Southold Town Board
will beheld at 3m 00 P.M. , May 23, 197q, .at the Southold 'Town -Hall,
Main Road, Southold, New York.
Vote of the -Town Board: Ayes: councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, -Supervisor Martocchia. Absent:
Justice Doyen.
This, resolution was declared adopted.
On motion of Justice ' Suter, seconded by Councilman Homan, it was
RESOLVED that the following audited bills be and hereby are approved
for payment: General Fund- Whole- Town bills ,-in -the -amount of $25, 033 .32;
General Fund Part Town bills in the amount of $12, 732.84; Highway
Department bills in the amount of $22, 034.85; Fishers Island Ferry
District bills in the amount of $25, 839.78; and Federal Revenue
Sharing bills in the amount of ' $1,'940.88. -
Vote of the Town Board: Ayes,: Councilman, Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia . Absent:
Justice Doyen.
This resolution was declared adopted.
Committee Reports:
_Street Lights:- Councilman Homan stated he ,met with people
on the street lights last Wednesday, and they are making progress on
changing over all the 92 ' s on Route 25 from Orient to Laurel. They
will soon begin reassessing the other 92 watt incandescent lights in
other areas of -the Town �so they can begin- the paper work- on- them,
and hopefully within six months from when the paper work is begun -the
work will be started. - - - . --
Police Committee: Supervisor Martocchia stated 'that .:Councilman
Homan, Councilman Drum and he met -with• Chief Cataldo to discuss many
police related mat.ters. i They have given Chi# Cataldo authorization,
providing a resolution isadopted by the Town Board, to hire summer
police. The new - police cars are coming in this month: They are
reassigning two of the trade-ins; one to the Building -Department and
one to Fishers Island. The Chief has been authorized to, purchase a '
new boat trailer for the Boston Whalers .
Sea Grant Meeting:
Councilman ,Dr.um, ,r.epresenting Supervisor Martocchia, ,. attended
a meeting at Southampton College on May 2nd relative to a proposed
center for local government studies, utilizing federal grants. This
center would be established at Southampton College. They would have
a project director and they would utilize- the students at the college,
with the consent of the Supervisors, to study any problem that might
exist. There would, be an advisory council that would include the
town supervisors and community -leaders. This council would approve or
select the studies that the' students might make. The studies could
include town code enforcement methods, local transportation system,
study disposal problems and an analysis of existing management methods.
This would be at no cost to the local five townships-, the college is
requesting federal aid. Councilman Drum recommends that the Town
of Southold participate :in the -program -and Supervi-sor Martocchia serve
on the advisory committee: -`-"-_._._ - - _ ---�
On motion of Councilman` Pell,-' seconded by Councilman Drum, :it was
RESOLVED that the following April 1978 reports be and hereby are
accepted and .placed on- file: 'Reports -of the. Supervisor, Town Clerk:,
Building Department,-Assessors, Police Department, Trustees, :'Planning
Board, Appeals Board, Justice Suter, Dog- Warden, CAST ' S operating
budget for 10/1/77 to 9/30/78_.
Vote of.- the Town Board: Ayes: Councilman :Pell, Councilman ,Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia, Absent:
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
1. A-study .will be made, between the' f"eL-s, charged by Dr . Zitek
and a Laurel veterinarian f or' care and disposal of dogs froma,the pound.
2 . The matter, of the ,bond ,recomme.nda*-i-on of $195, 000� for
Centennial Manor -Subdivision is still- pending, since the developer
objected to the amount.
3 . The Board has received „a bill from .Briarcliff Landscape,
Inc. at an amount of- $48.00 higher than origiriaTly agreed upon. After
investigation .of the matter it was determined that the ,con tractor found
one procedure- that had been overlooked in the original estimate and
felt it was a necessity. - The Board .has agreed to pay the additional
$48. 00.
3�
4. Receipt of a letter from in connection with the contract
for $93, 000, Year III . They request that the Town identify the Census
Tracts in which the parcels of land zoned for Multi-family Housing are
located, and submit that portion of the zoning Ordinance which indicates
the types of Multi-family Housing that are permitted under the Ordinance.
This information wj:ll be submitted to HUD before the end of this week.
5. Receipt, of• a` letter fromolzmacher=McLendon-Murrell rela-
tive to the solid waste study. They have a lready_made .their presenta-
tion to the Board, as, has two other firms. .
6. Letter from the Griswold-Terry-Glover Post, No. 803 , American
Legion, Southold stating they will assume full responsibility for -
sponsoring the annual Southold Memorial Day Parade on Monday; May 29,
1978 due to the fact the Southold Veterans: of Foreign Wars will be
unable to sponsor this parade.
7 . Letter of complaint from Roger 'K. Williams, a property
owner in Bay Lake Park, East Marion, relative to trash being dumped
on his lot.--- The Board will contact Mr . Williams and suggest he place
signs on his property, -- the Town' .has .no means, of determining• who has
done the 'littering.
8. On 'May 18, 1978 from 10: 30 A.M. to 1: 00 P.M.- the Senior
Action Mobile Office, Suffolk County Office for the Aging Will
at the Southold Town Hall, At that time, there will be legal
counseling aTa,ilable, from lG: 30 to 12: 30, information and referral
relative to questions on Medicare, Medicaid, tax exemptions ,: food
stamps, S.S.I . or any other problems. Photo I .D. and Discount
Cards willbe issued, Golde.nPark Passes, and general informational
literature. -
9. Receipt of a letter from Celia Swing, a property owner at
Wickham Park, 'Greenport, calling - the Board ' s attention to the, navi-
gational hazard and the environmental deterioration caused by the
illegally dumped cars which protrude out� of the water on the ive`stern
side: of Conklin' s Point.---Some years ago the tide broke through
and wa's causing flooding; and with approval from the necessary
authorities cars were sunk to form a dike. A few years ago, Super-
visor Martodchia had the- Suffolk County Department of Public Works
look the situation over, a public hearing was; held at Stony Brook,
but the problem was ,not resolved.
10. Receipt of a - let-br from 'James Bitses, Southold, President
of the Walt Whitman Society, Inc. -requesting a grant to that society
by the Town, which would assist them in the- re' -establishment of the
Locust Grove School No. 6 (Walt Whitman School) on its -site _i old n_
the triangular park in' Southold: This schoolhouse would `be,- used a's
a cultural center to benefit the people of Southold---The Board has
determined that there, are no funds ' available for such a 'grant, -however,
it will be :suggested to Mr. Bitses .that"he consider a search for
federal funds for the project and they might discuss such a grant with
the Southold Park District on whose property this schoolhouse will be
located.
11. The-Board has received from the North 'Fork Bank & Trust
Company a ' list of securities currently pledged for deposits of the
Supervisor. Lists of securities had formerly been -received from
Chemical Bank and ! the Bank of New York. ,
12. Letter - from-Frank A. DeSantis, summer resident -at North
Road and Chapel Lane, Greenport, commending Police Officers• John
, Charters and Joseph Reitt for their courteous, professional and
efficent conduct in carrying out an investigation at his home which
was- burglarized. These letters will be 'placed in Police Officers
Charters ' and Reiter ' s personnel files .
13 The Town of Southold has been serviced_with:,a.- claim in
the sum of-'$500, 000:00 for Timothy-Kelly and $100, 000- for Ruth 'Kelly
to recover; for personal injuries. sustained ' as a' result_,of_a__.fall
at the construction site of the Town Hall on February 15, 1978 at ..
approximately 6: 00 P.M.---This matter will be referred - to Minnesota
Construction Corp;. , the general contractor, so they may notify their -
insurance -company.
14. Notice from the New York State Department, of. Enviro ental
Conservation relative. ,to a proposed-,17 •unit condominium and- two. rock
. j.etties at North Road, ; Southold ,by Sea Breeze Village.. The County of
Suffolk will be the jead agency in environmental impact_ studies: ;in
this application for Tidal Westland and State Pollutant Discharge,
Elimination, System permits.. -
15. . Request .from .the ,Greenport Fire Department for a, donation
toward. a bronze statue the department plans to erect in memory of
Richard A. Sycz and Edward Bruce Bellefountaine, deceaaed firemen,
and in memory o a 1 deceased,.- firemen.---It has been, determined the
Town iteself- cannot donate to such a fund, but the Board members will
individually, make .donations:..
16. Request .from-.Gerald J.,, Qibulski., President, Laurel. Country
Estates, Laurel for the installation of, street lights at the inter-
sections. of Delmar. Drive and Joseph- Street-,_ Delmar ;Drive ,and Gina
Street and Delmar Drive and Emma Drive. ----This request has been re-
ferred to the Stree_t ,Lighting._,Commi.ttee for a study.
17. Letter from Bernadette Walsh,,.; owner of the Sandpiper,
Fishers Island requesting a .change of zone on her property on Fishers
Island. --Mrs .- Walsh ,will be supplied the .necessary, forms for. a change
of zone application. .
Supervisor,. Martocchia offered the following PROCLAMATION for NATIONAL
SALVATION ARMY WEEK_ May 15 - 21,. 1978
WHEREAS, The ,Salvation, Army shows its love for God by its practical
service to ,mankind.,.
WHEREAS, It extends its friendship to all, with no regard for ,color,
creed., or nationality,
WHEREAS, Its- dedicated- ministry has made life better for. many of our
fellow citizens,
NOW, . THEREFORE, I, Supervisor Albert- M. Martocchi& dog:, proclaim the
period. of May. 15-21, 1978, as National: Salvation Army Week and . urge
all citizens ,to join me in honoring this .organization which enriches
our township in so, many ways . . .
(This proclamation will-. be -published in: The,, Long Island Traveler-
Watchman, Inc-. and the Suffolk Times.)
On. ,motion of Justice Suter ; seconded by Councilman Drum, it_ was
RESOLVED that the Mattituck Senior Citizens be and. hereby are
granted permission to hire one bus at $663 . 00 for 'an o vernight bus
,trip to Lancaster, Pennsylvania on October, 16 and 1T, 1978;: and . two
buses ,.at $280. 00 ,and_. $266..00 ,for a one day trip to Pomono, 'New York
on August 15,, •19.7.8.
Vote ,of, the Town Board Ayes.: Councilman Pell,. ,Co.unci.lman Drum,
Councilman Homan, Justice. ;Suter, .Supervisor Martoc:chia. Absent:
Justice- Doyen.
This reso,lution. wa.s declared. adopted.
(Supervisor Martocehia- stated that overnight_, trips are generally
not :.allowed, however, it;.was brought to the Board ',s attention tYa t
they wanted to .go to. Lancaster-, Penns:ylvania-,- and. it- is a long_ trip,
by the time they get there a nd, have dinner it is.- time to come home
again so- they- asked if they could stay overnight, at their expense,
of course. It, was discussed about a month and a half ago -and the Board
relaxed a little- due to the conditions of the length of the trip. )
On motion- of Councilman Homan, seconded by Councilman, Pell-, it was-
RESOLVED that the Town Board hereby approves the action of the Fishers
Island Ferry District in accepting the only bird rec.eived., that of
the .Thames Shipyard and.;Repair Company of New London-,, , Connecticut,
for the haute 1 out of _the LM/V .Olinda and the ,related work hereon, in the
amount of. $19, 083.91; and be it further
RESOLVED that -additional items of work in -the amount .of .$4,,043 .00
may b.e .,accomplished if required by the U.S. Coast Guard.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan,, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution wsr- declared adopted.
Supervisor Martocchia:
18. , Notice from the Department of the ,Army, Corps, of Engineers,
upon application of Cross Sound Ferry Services, Inc. ,for permission
to maintenance dredge within their .ferry slip'_'at ..their terminal at
Orient Point. , .Objections .by .May--27, , 1978. .
19. Last year a study was made of the entrance. and-exit
to the P in lot in Southold y; lla opposite the- post,- office. -. The
study showed that the entrance and exit as they. presently are are
hazardous and should be reversed . Supervisor Martocchia consulted .
the Southold Association of Merchants and they agreed .the change
should be made . Highway Superintendent Dean will make the change
in the near future.
Moved by Justice. Suter, .seconded by Councilman Pell,
WHEREAS -.Stanley S., Corwin, a/c Frank S. Rosenberg and Margaret.E.
Rosenberg applied to the Southold Town Board for a permit under the
provisions of the Wetland Ordinance of the Town of Southold, applica-
tion dated February 23, 1978, and
WHEREAS said application was. referred to the Southold .Town Conservation
Advisory ,Council for their findings -and recommendations , and
WHEREAS a public hearing was held'.by the Town Board with respect
to said application on the 25th day of April, 1978, at which time
all,-interested. persons were given an..opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED that Stanley, S. Corwin, a/c. Frank
S. Rosenberg and Margaret:E. Rosenberg be granted permission under the
provisio.ns..of the Wetland Ordinance of , the .Town - of Southold for. main-
tenance dredging -,at the head of Stirling .Creek,, south-side of Champlin
Place, Gr-eenport,, New, York, .a.nd to deposit , some of_ the -.excavated -
material on -adjacent land, . ,and be it further.
RESOLVED that the following condition be placed upon the. granting
of this permit: Applicant must find a means to secure deposited
material: on the-
east bank -of the project. .. ..
Vote .of the ,Town Board: Ayes: . .Councilman- Pell, Councilman Drum,, -
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared a4ted
Supervisor Martocchia:
20. The applications for change of zone by Aliano & Krupski
and by North Fork Manor, Inc. '-have been reviewed .-by the .Board and
they examined the properties last Friday. Before they make a decision,
the Board would like to discuss the applications further.
21. On the Matter of the Orient Historical District, Supervisor
Martocchia held a meeting with members of the Oyster Ponds Historical
Society, Rita Woglom, President. He has been in contact with Albany
and Babylon for the necessary details .and information. The information
will be forwarded directly to the president . of the historical society.
Applications must be in' by June. After that date a determination
will be made if the applicants are eligible for funds for 1979.
22. The Board is in receipt of an application for a scenic
and conservation easement from Roy Latham, Orient. This application
must be returned for deletion of a. portion of the property containing
the residence and barns, which means a new metes and bounds descrip-
tion and map. Upon receipt of the corrected application a date will
be set for a public hearing.
On motion of Councilman Pell, seconded by Justice Suter, it was
RESOLVED that George H. Fisher be and he hereby is appointed Senior
Building Inspector from the civil service list at $14, 000.00 per
year effective May 16, 1978.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia . Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Drum, it was
RESOLVED that William Curtis Horton be and he hereby is appointed
Building Inspector from the civil service list at $10, 000.00' per
year effective May 16; 1978'.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. = Absent: '
Justice Doyen.
This - resolution was declared adpted.'• - - _..
On motion of Councilman Drum, seconded"by Councilman Pell, it was
RESOLVED that the Town Board' of' the Town of Southold ratifies the
appointment- of Linda Kowalski by Supervisor Martocchia on May 1,
1978, and hereby appoints Linda Kowalski from the civil service
list effective May 9, 1978 at a salary of $6, 500.00 per year.
Vote of the Town ,Board: Ayes c Councilman Pell, Councilman Drum,
Counclman. ioian.,,_..Justice„Suter, Supervisor Martocchia-. -Absent:
Justice .Doyen. _.
'This resolution- was declared adopted. ' _... .. .
Supervisor Martocchia appointed Babbette Conroy as his Secretary
in an Exempt position effective May 9, 1978 at a salary of $6, 500.00
per year.
On motion of Councilman Homan, seconded' by Councilman Pe ll, 'it was
RESOLVED that the Town�Board of the Town of Southold will hold'. a ,
public hearing at the Southold -Town"Hall; Main Road, Southold, New-
York on the- 6th' day- of' June, ' 1978 at' 3: 30 P.M." , at which time and
place all interested persons will be given an opportunity- to be
heard upon the following matter: "A Local Law providing for the
Establishment and Operation of Recreational Vehicle Parks in the
Town of -Southold, " which reads as follows:
I . Chapter 88 of the Code of the Town of Southold is hereby ,
amended by adding a new Article thereto, to be Article II to read
as follows:
ARTICLE II
RECREATIONAL VEHICLE PARKS
Section 8802-. Definitions
For the purposes of this Article, the terms used herein
are definedfas _follows:
RECREATIONAL_ VEHICLE - A portable vehicular unit designed :.a.nd .built to
be used for temporary living quarters for recreational,_ .camping,- or
travel uses, which either has its own motive .power or ,is, mounted .on
or drawn by another power driven vehicle,. including travel trailers,
motorized homes, pickup coaches and camping trailers, registered and
licensed for .normal use,_on the highways of. :the State of,:New,York.
RECREATIONAL..VEHI.CLE PARK -'-A gar'c'el'-'of land ifid6k "single'-ownership,
designed and improved for the placement of tents and recreational ve-
hicles as temporary living ,quarters for recreational or vacation uses.
RECREATIONAL VEHICLE SITE - A plot of ground within a recreational
vehicle park intended for theaccomodation of a recreational vehicle.
CAMPSITE ,- A plot of ground within a recre-ationa-l--vehicle park
intended for the accommodation of a tent for recreational-and -vacation
uses.
Section 88-21. Site requirements
Each recreational vehicle site and campsite shall be well-de-
fined and permanently marked and shall meet the following requirements:
A. Each site shall have a minimum area of two thousand five
hundred (2, 500) square feet.
B. Recreation vehicles and tents placed upon a..site .shall have
minimum front yard and side yard set backs of fifteen (15) feet and a
minimum rear yard set back- of ten(10) feet. --- -- -
C. The area of each site within five (5) feet of the street
or roadway shall at all times remain unoccupied and -unobstructed.
D. Each site shall have a minimum of fifty (50) .feet frontage
on a street .or roadway. . --
E. A recreational vehicle"or' •tent placed upon a sLte.- shall
not occupy an area in excess of fifteen (15) percent ofthe total
area of the site. '
Section '88-22 . Roadways and driveways
A. All two=way roadways and driveways within the park shall
be not- less than twenty-four (24) feet in width, and all one-way
roadways and driveways shall- be not less than fifteen (15) feet in
width, and shall be constructed in accordance with the Southold Town
Highway Specifications as to base, surfacing and drainage facilities.
B. There shall be at least one exterior two-way roadway or
driveway extending around the perimeter of the park.
Section 88-23. Other requirements
A: Recreational Vehicle Parks shall be- in operation �on a
seasonal basis only, during the period from April lst to November 30th
. in each .year.
B. No recreational- vehicle-. or tent shall be accommodated in a
park for more than thirty (30) days in any calendar year,.
C. No recreational vehicle or tent' shall be permitted to
remain in a park during the period from December lst to March 31st
nor during any other period when- such .park is not in operation.
Section 88-24. Compliance with- other laws ..
The establishment, maintenance and operation of-; a Recreational
Vehicle Park shall comply with and:be subject to all of the provisions
of Sections 88-1 to 88-19, inclusive, of . this Chapter, not .incon-
sistent with this Article =II .
II. This local law shall take effect immediately.
Vote .of the Town Board: • .Ayes:. Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
23. The Town Beach- Concession was. authorized -to go,-to bid
at- the last' meeti_ng. The -bid opening will be at 3: 00 P.M. on May 12,
1978.
On motion of -Councilman Pell, seconded by Councilman Homan,, it was
RESOLVED-that Supervisor Albert M. Martocchia-be•and,he,>hereby: is
authorized to. advertise ' for sealed bids, to be opened on May 19, .
1978 at 3: 00 P.M. , to furnish and deliver to the Town of Southold-
500bushels of spawning. -uncertified clams:; in.i acc-ordanc:e with the
specifications which will be- on file in .the Town Clerk' s Office.
Said bids are subject t'o the approval of the:_Depar•tment bf-- Environ-
mental Conservation--of , the--State of New York.: -
Vote -of- the •To-wn -Board: Ayes: Councilman Pell, Councilman: Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia . Absent:
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
24. In the, budget th4re.,ar.e, some-- pxovisions for. a tennis
8
court at Fishers Island. The specifications are being sent to
Fishers Island for study before going to bid.
Moved by Councilman Drum, -seconded by Justice Suter,
WHEREAS a _ proposed Local Law was introduced et a meeting of this
board held on .the 2nd day of May ,197,7, and
WHEREAS a public hearing was Yield thereon by the Board"on the 19th
day of. May, 1977 , at-which time all interested persons were given
an opportunity-..to be heard thereon1. ,
NOW, THEREFORE, BE IT- RESOLVED that Local` Law No. 3- 1918 be enacted
as follows:
LOCAL LAW NO. 3 - 1978
A Local Law Pursuant to'Artide 8 of the New
York Environmental Conservation Law _providing
for Environmental Quality.,Review of Actions -
which ma,y have a Significant Effect on the -
Environment.
Be it enacted by, the_.Town -Board of __the Town,-of Southold ' as
follows:
The Code of the Town of Southold is hereby amended by adding a
new .Chapter thereto to be Chapter-44, to-read as- follows
Section 44-1 - . Title
This Chapter shall be known and may be cited as the "Environ-
mental Quality Review Law of -the Town of Southold
Section 44-2 - Definitions
(a)'- "Rules" mean Part 617 of Title 6 of the Codes,- Rules,
Regulations of the State of New York, adopted by the Commissioner
of Environmental Conservation.
(b) "Town" means the Town of Southold.
(c.) � "Town Agency" means any, department, board, -commission,
officer,or 'employee of the- Town of Southold
1 (d) - Except as -othdrwise . provided , in this section, _or 'unless
the context otherwise requires, the words :and phrases used in:this
Chapter shall, for" the purposes of this Chapter, have the meanings
respectively ascribed-'to them by-Article 8 -of. the Environmental
Conservation taW and Part 617 of title 6-of the-.Codes, .Rules, and
regulations .of -the-.State o,f__New..York (NYCRR) .
Section 44-3 - Compliance
No decision to carry out or approve an action, other than an
action listed in Section 44-4 (b) hereof or Section 617.12 of� the Rules
as Type II Action, shall be made by-,a: Town Agency until there has been
full compliance 'with all 'requirements . of this Chapter.,and:.. the Rules,
provided, however, that nothing herein shall be construed as prohibiting:
(a) the conducting of contemporaneous environmental, engineer-
ing, - economic feasibility or other studies and preliminary planning
and budgetary processes necessary to the formulation .of a :proposal- for
action which do not° commit the Town to approve-,:,commence-,or engage in
such action, or
(b) the granting of any •part of an application- .which relates
only- to technical specifications and requirements, provided - that •no
such partial approval shall entitle or permit the applicant to commence
the action until all requirements . of-this Chapter and the Rules have
been- fulfilled.
Section 44-4 - Types of Actions
(a) Consistent with the Rules and the criteria therein, the
- actions listed in Section 617 . 12 of the Rules as Type I- actions,. .,are
likely to. have. a significant-effect on the environment.
(b) Consistent with the ,Rules and the criteria therein, the
actions listed in -Section 617.12_ of -the Rules as Type II actions,
are deemed:-!not to have a significant effect on the environment.
' ' Section 44-5 - Statement of Environmental Significance
. For the purpose of assisting in the determination of whether
an -action may or will not have a significant effect on the environment,
applicants for permits or other approvals shall file a written state-
ment with the Town Agency having jurisdiction setting forth the name
of the applicant, the location of the real property affected, if
any; a description of the nature of the proposed action; and. the
effect it may have on the environment. In addition, the applicant
may include a detailed statement of. the reasons why, in applicant"s
-
view, a proposed action may or will not have a.- significant. effect on
the environment. If the. action involves an application, the statement
shall be filed simultaneously with the application for the action.
,,The statement required herein shall be upon a form prescribed by the
Town and shall contain such additional relevant information a's .may
be 'required. Such statement shall be accompanied by drawings, sketches
and maps, if any, together with any::pther relevant explanatory
material required by the Town Agency.
Section 44-6 - Notice of Completion of Statement.'
Upon receipt of a complete application. and a statement, the
Town Agency shall cause a notice thereof to be posted on the Town
.Clerk' s signboard and may also cause such notice to .be published
in the official Town newspaper describing the nature of the proposed
action and stating that. written .v.iews :thereon of _a-ny_.per.son:shall be
rece ived by. the Town Agency no later --thant a.,date .sp:ecif ied;-in such
notice. _. . .
.' . Section 44-7 - Determination. :of Environmental Significance(a) The town Agency shall render a written determination
on such"application within...15 days .follo.w)ing.-r,ec.eipt-of -a complete .
application and statement, provided, however, that such .-period.
may be extended by mutual agreement of the applicant and the Town Agency.
The determination -shall .state whether :such .,propo,sed _-action,_may or will
not have .a significant effect on ,the., environment. - ,The Town.:,Agency• may
hold informal meetings.-with ,-the applicant and may. meet with-.,and consult
any--other .Person ; for the - purposes of .aiding it , in. making.-:a :.determination
on the application.
(b) -The time limitations, .prov dedi•herein:shala.;be' coordi .a.ted
with, to the extent practicable, . other time limitations provided by
law; rule_ or, regulation of,.the Town.. . =
; .,Section 44-8 - Procedu•re After .Determination
_(a) If ,the Town :Agency determines .that the proposed action
will not hdve 'a significant =effect -on the environment, the _Town
Agency shall"-prepare, . file and ,cixr:gla,te. such determination as .re-
quired by Section 61.7.7 (b) of-.the'
f the. Rules:and_ thereafter-. the proposed
action may be processed without further regard to this Chapter. .
)(b) . If the- Town Age'ncy=-.determines that-the proposed action
may have a significant effect on the environment,, :it. shall -pre-pare,
file and circulate such determination as required by Section 617 .7 (b)
of the Rulesra nd -thereafter the -proposed action shall:be. reviewed and
processed in accordance with•- the,. this • Chapter and the Rules .
' Section 44-9 —Preparation- of .Draft .Environmental Impact Statement
Following' a- determination:. that-a propos:ed._actio.n:may�have_a
significant effect-on:,the "-environmen:t, - the Town-Agency: shall, in
accordance with the provisio�ns-:of. the-Rules•: = : _
(a) In the case of ..an .-action' involving :ahn applicant; `immediately
10 la�� �� /�?�If
notify the applicant of the .determination .and request the applicant
to prepare a;. draft envi-ronmenta-.1 ..impac,t :statement..
(-b) I'n the case. of :an action not involving an :applicant,
prepare or cause to be prepared a draft environmental impact statement.
:(c) . : .If !the, applicant decides .no.t to submit. a draft _environ-
mental impact- statement, the Town Agency shall prgare or cause such
statement- to b-e prepared, -or in its -discretion, notify the :.applicant
.that by -reason of, applicant' s decision .not to submit .such statement,
that. his application is deemed to be .withdrawn -and no ,.fu-rth4j�r-.-.action
-:will -be taken hereon:. (The .Town, Agency.. may .req-uire ;applicant :to submit
a fee to defray the -expense :of :the .preparatio.n and/,o.r ...re.view, o.f such
statement.
Section 44-10 - Notice of. -.Comp.letion of Draft. Environmental
hmpact Statement -:
-(a) Upon. ,completion of. a draft. environmental. :impaet: statement
-.prepared by '.or. .at. the-,request of .the -Town .Ag:ency,%. a Notice of Completion
containing. the .information specified in Section 617 .7 (d), of: the. Rules
._shall. be.Lx.epared., .filed. and circulated .as. provided-in , Section :617.7je)
and (f). of. the Rules . In ..addition,. such notice shall be published.
in the, official ;Town newspaper and .a• copy-;thereof -.posted, _on:..the .Town
.Clerk' s signboard. - -Copies, :o,f.:the-. draft .environmental -impac,t ..statement
and the Notice of Completion shall be fi__led;.;; sent, and made, available as
required by Section 617 .7 (e) and (f) of the Rules .
(b) I,n the -event that the. Town Agency. determines .,that a public
hearing shall be held on a draft environmental impact statement, notice
thereof shall be .filed, circulated .and, .sent ,in_the .same, manner as the
Notice, of.- Completion. and shall be :.published. in the official _Town
newspaper at; least Ten. .days :pr-ior-. .to. such. public ,heaxi.ng-. --Such, notice
shall. .also-state. the.. place ;where substantive written comments , on the
draft- environmental impact statement may be sent and the; date ..b.efore
which such comments '.shall: be. received. The hearing shall. commence
no less than 15 calendar days, nor more than 60 calendar days of the
filing of the draft environmental impact statement, unless the Town
Agency determines. that additional time ..is,- necessary for. the , pub lic
or other. agency review of the -dra.ft environmental impact statement or
where a different hearing date i-s •required -as appropriate-under other
applicable law.
Section 44-11 .-.-Determination on,-Draft Environmental. Impact
Statement.
If on the basis of a draft -environmental impact ,statement tor
a public hearing thereon the -Town Agency determines that--an action
will not have a significant effect on the environment, the.-proposed
action nay be processed without further.-regard to,.thisi:Chapter.
Section 44-12 - Preparation of Final Environmental. Impact
Statement.
The Town Agency ,sha1l .:prepare .;or, .cause, to be .prepared, or
direct the applicant to prepare the final environmental impact state-
ment. .Such final environmental impact- statement shall ,be ;prepared
within :4.5 days :-after .,the --close, of any hearing .or .wi,thin,.-60 days
after .the filing of the draft ..envir.onmental impact statement, -which-
ever .last .occurs. Notwithstanding the _foregoing.,, the Town .Agency, may
extend such. time: when necessary to adequately complete - the ..statement,
or where problems .identified ..with the ,pr.oposed action require material
recons:ideration..or .modification. _
Section -44--13 - Notice .of Completion of-Final Environmental
Impact Statement.
A Notice of Completion of a final environmental impact statement
shall be prepared filed: and sent in: the .same manner as provided in
Section 44-10 hereof and shall be sent to all persons to whom the
Notice. of Completion-of,,th.e draft environmental impact statement was
sent. Copies .of the final -environmental::impact .stateme.nt:
shall be filed and made :available for review in the same manner- as
the draft environmental impact statement.
Section 44-14 - Determination on Final Environmental Impact.
No decision to. carry out or approve .an action which has been
the subject of a final environmental impact statement by a' Town Agency
or by .any other ;agency- shall be .made until after. the .filing and con-
sideration of the final environmental .impact statement. Where the Town
Agency has been the lead agency for an action, it shall_make_.a , decision
whether. or .not to. approve -the.,action. within ;30 .days of : the filing. of
the final environmental impact statement.
section. 44-15 - Preparation. .of Findings._
When .the Town Agency decides to carry-out or--approve . an action
which may have a significant effect on the environment,, it shall make
the following. findings.:.;in_.a :wr.itten determination:
(a) consistent with social, economic and other essential
considerations of state policy, :.to- the maximum. extent._practicable„ from
among the reasonable alternatives thereto, the action to be carried
out or approved .is one .which minimizes or .avoids adverse. environmental
effects, . including the.•.effects..disclosed: in_ the: relevant. environmental
impact statements, and -
(b), , . all practicable means will- be taken in carrying out-,or
approving ,the Faction to minimize_;or avoid_ adverse environmental... - .
effects .
Section 44-16 -.,,Filing Findings
For public information purposes, a copy .of the determination
shall be filed and made available.,as. provided .by. the, Rules.
Section 44-17 - Public Inspection of Files- - -
The Town, shall-,maintain files. open. for pub.liciinspection of
all •Notic.es of. Completion, draft and final environmental- impact state-
ments..and:.written determinations..prepared. or caused_to. be.. prepared
by a Town .Agency. -
Section• 44-18 .-. Actions Involving More. Than- One Agency. .
Where more. than oner.agency..or 'department. is. involved. in an
action,;,, the procedures.1_of: .Sections.,617 .4 and-.617 .8 of the Rules. shall
be followed. .
Section 44-19. - ,Actions: Exempt-- - - -- -
Actions undertaken or approved- .prior to. the dates specified
in Article,.8 of the Environmental Conservation Law for local agencies
.shall, be .exempt. from. this loca-1 -law and the ,provisions of- Article 8
.of- the Environmental-Conservation Law-.and-..the-.Rules.,, provided, however,
-that:if after such dates a Town Agency ,modifies ,an action under-taken
or approved prior to that date and:.such agency. determines.-that the
modification may have,.-a significant adverse effect on the environment,
such modification shall be an •action subject ,to this local law. and
Part 617 -of :Title ;6 N•.Y.C.R.R.
Section 44-20 - Fees
Where,an action subject to -this Chapter..invo.lves- an.- applicant,
a fee shall- be paid, to. the Town- to defray the costs of- preparing and
reviewing .environmental impact statements ..- Such. fee should be. .in: the
amount of the actual..costs to the. Town as .determined by- the.. Town- Agency
,having, jurisdiction, provided, however,, that. such ,fees shall- not--ex-
ceed one-half of one percent of the action' s total cos.t_ to.. the- appli-
cant-. _. ... _.
12
Section 44-21 :.
This- local law shall take effect immediately: '
Vote of the'-Town 'Board: Ayes: Councilman--Pe11,='=Councilman- Drum,
"Councilman Homan; -'Justice Suter, - Supervisor Martocchia. Absent
Justice�'Doyen. ,
This resolution was declared adopted.'
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that the following petty' cash- funds be -and her'eby`"are
established: Justice Suter - $200.00; Chief Cataldo - $100.00;
Town Clerk Terry' = $100. 00.
Vote- of- the' Town"Board: ' Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, ' Justice Suter, Supervisor Mar'tocchia.` Absent:
Justice Doyen:
This resolution was declared adopted. -
On 'motion of Councilman Drum, seconded by Justice Suter, it was
RESOLVED that the Mattituck Chambe' r 'of Commerce, Inc. 'be and hereby
are granted permission to close Love Lane, from Main Road to Pike
Street, Mattituck', between the hours of 8: 00 A.M. and 6: 00 P.M. on
Saturday, July '15, - 1978, for the purpose- of holding "Mattituck Sale
Day" ; providing the proper insurance is obtained" to hold the Town
of Southold harmless.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice 'Doyen. -
This resolution was declared adopted: - ± - _=
Supervisor .Martocchia:
25. Notice of application to the New York State Department of
Environmental Conservation by `Richard 3. Purnell, for- permission to
construct an open timber dock; ramp- anal float in Little Hay: Harbor,
north side= Equestr-iari Avenue; Fishers Island. Comments may be sub=
mitted until June 1, 1978.
26. Notification from the Long Island Railroad that they are
contemplating-, the rehabilitation of Sound= Avenue, -Mattituck on
June 6 .and 7' and ickham Road Mattituck on June 8, 1978. The
work involved will:necessitate the' complete 'closing'"of each crossing
on the -day-'scheduled from 9 'AM -to 4 PM: They- will_'provide the '
necessary flagmen, detour signs and crossing protection; they will
also notify the Suffolk County police, local fire departments and
local school districts at least 24 hours in advance of 'the' - start of
work.
27. Notice from the Department of the Army, Corps of Engineers
relative to application of- Harbor ' s Light Association; Southold
for maintenance dredging of their canal. Objections by June 4, 1978.
28. Receipt of' notification from the New York Sta.te 'Department
of Civil Service approving the retention of- John Wickham as Chairman
of .the Planning Board through May 31, 1979.
Moved by Councilman Homan', , seconded=by -Councilman Pell,
WHEREAS: The Town desires to enter intto -ah- agr_ e6me' ntl for the cleaning
of the uniforms of the members of the Southold Town Police Department,
and,
WHEREAS the Village Dry Cleaner & Laundry has offered the lowest
proposals for.-the, charges for such cleaning; now, - therefore'•, be it
RESOLVED that the-Village Dry--Cleaner & Laundry, Greenport; New York,
be- engaged to perform the- cleaning service required by the, Town for
the. uniforms of the. members of` the Southold:-Town Pol'jm-`Department
for-' the period commencing May 1, 1978� and- ending April 30, 1979, and
- it is further
RESOLVED that the Village Dry Cleaner & Laundry agrees to charge
the unit price for each item as follows:
Uniform Trousers 75�
Uniform Shirts (wool only) 50(�
Uniform Jackets 75�
Eisenhower Jackets 95
Outer Jackets $1.25
New Jackets $1.-25 - -
Heavy Liner 20,�
Light Liner 10
Hats No charge'
Vote of the Town Board: Ayes:' Councilman Pell, Councilman-Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia . Absent:
Justice Doyen.
This resolution was declared 'adopted.
Supervisor Martocchia :
29. Item 21 on the agenda refers - to" the' sale" of the - Town-
-Clerk' s Building.--Town Attorney Tasker stated that the Board advertised
for bids -and awarded the contract until .they received a notice from
the federal `government: imposing 'conditions on- the moving and restoraa-
.tion of the building. ' -The -conditions were such conditions as legally
imposed by the New York- State Histo.zic Office. - This was the first
Mr. Tasker had h eard .that afiything 'had been done historically about
the building. The Supervisor had written a letter in .November indi-
cating that it was a historic landmark and it started the whole ball
rolling. Further' investigation indicates it-'is not a historic land-
mark and it never .was. Now they are trying to 'get it all straightened
out"so the sale of the Town Hall Office' Building may be consummated.
At this point, the State has lost their''file and are searching in
their archives to find out what they did:=--Supervisor Martocchia -
stated that several years ago a local organization placed a plaque
on the building but it was never registered with the State of New
York or the Federal Government:
On motion of Justice Suter, seconded 'by Councilman Homan;
WHEREAS the Sacred Heart R.C. Church, Cutchogue, Nww York has '
applied to the Town Clerk for a Bingo License, and
WHEREAS the Town Board has examined the application-, and after
investigation, duly :_made findings ' and 'determinations as required *
by law, _
NOW, .THEREFORE, . BE. IT RESOLVED that the Supervisor be and he hereby
is authorized .and directed to execiate' on behalf of the Town- Board of
the Town of Southold the findings and determinations as required by
law, and. it is further
RESOLVED that the Town Clerk be and she' hereby is directed to issue
a Bingo Licenseto' the Sacred_ Heart R.C.- Church, Cutchogue; New
York. _
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice 'Suter, Supervisor . Martocchia. ' Absent: -
Justice Doyen. : _
This resolution was declared adopted.
Supervisor Martocchia: - u "
30. Notification of the Department of the Army-, upon- applica-
tion of Stanley S. Corwin, Greenport for permission to- do.- maintenance
dredging. at Stirling Creek, Greenport. Objections by May 25, 1978.
-31. ..Another notice from. the Department of- the- Army,, - Corps ._
of. Engineers relative to application of Robert W.' Martens; East-
.Marion,"' for permission to' maintain existing timber- bulkhead a d�
approval of fill and maintenance dredging at Dawn. Lagoon, ' Stirling;
Greenport., Objections by May 15, ' i978.` -
On motion of Councilman Homan, seconded by Councilman- Drum, it was
RESOLVED that Ch&bf Carl Cataldo be" and he hereby is authorized to
hire the. following six individuals as summer police effective May
26, 1978.; " Martin .Flatley, Michael Finnican, Johri Baglevi, Stanley
Becker;, Theodore Beebe,- Jr. , Patrick Sinclair.-
Vote of.. the Town, Board'r Ayes: Councilman Pell, Councilman Drum;
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
14
Supervisor Martocchia:
32. The Board had a proposal submitted tb�.them at the last
meeting relative .-to an animal shelter by the North Fork Animal League.
There was a brief .meeting with Frank Csajko, .Gladys Csajko and Mrs
Haines this morning. The Supervisor is going .to- appoint a committee
to review the "request of the League for the use of Town owned - land as
a site-for the shelter.CI
-
Mrs. Gladys Csajko asked if the 1 Board knows what"each **person 'is' being
charged for the senior citizen bus trip- to Pennsylvania?---Supervisor
Martocchia stated he does not know. Mrs. - Csajko might consult with
Mrs. Dorothy Armbrust the tour director for the Mattituck Senior
Citizens,,to determine the cost. ,
Mr.. --Charles Hickey_ asked whether the tennis courts fo`r Fishers
Island are. cement courts or clay courts?---Supervisor Martocchia stated
they are blacktop. . The Board has some specifications from the last
courts. built, but it was, jus.t resurfacing_,and" addition of chain .link
fence and_ -the. total was about, $9, 00:0. It is now, five . to six years .
later .so the cost will undoubtedly be more:
,On _motion. of Justice• Suter, .'seconded by Councilman Drum,. it was .
RESOLVED -that there .being .no ,.further business to come before this '
Town Board. meeting, at this. time,_",a .recess be called at 4: 05 .P.M.
meeting to reconvene at . 5: 00 P.M.
Vote of .the Town .Bo.ard: Ayes: Councilman Pell, .Councilman Drum,
Councilman, Homan, ,Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
Meeting reconvened at 5: 00 .P.M. , .;Councilman Pell, "Justice Doyen
absent.. .,, o -
The Board. discussed .the . change ,of zone. applications of Aliano &
Krupski and North Fork::Manor, . Inc. at great length. This matter
will be brought up again at the next board meeting on' May 23rd.
The. .Board discussed the matter of the summer''recreation program`
for .the ,schools, and• the.."request of Greenport School to hold the
program during the fall'. It was the unanimous decision of those
Board members present, Supervisor Martocchia . Justice Suter,
Councilman Homan and Councilman Drum,r that they will, only, support
a summer recreation` program for all the schools .
The matter 1of .the.,per line rates of the Long Island Traveler which,"
was brought., to the Board ' s attention at the executive session
was discussed furth dr.--- Supervisor Martocchia appointed Councilman
Pell a committee of one to explore this matter further and make a
written report with his recommendations concerning, the per line rates
:presently being- charged by the Suffolk Times and the.. Long Island
Traveler-Watchman, Inc,
On motion of Counc ilman* Homan, seconded .by Justice Suter, " it was
RESOLVED that the Southold" Senior Citizens be and hereby are granted
permission to hire four buses at $195.00 each to take them to 'Montauk
on May. 22, 1978.
Vote of the Town Board: Ayes.: Councilman Drum, Councilman' Homan,
Justice Suter, Supervisor Martocchia. Absent: Councilman Pell,
Justice Doyen. _
This resolution was declared. adopted. .
On motion of Councilman Homan, . seconded'by Justice Suter, it was
RESOLVED that the General Fund Whole Town Budget' be modified by
transferring $,11,.440.00-. from Antirecession Funds to Airport,'
Contractual A5610.4, for the resurfacing of the runway at the
Mattituck Air''Base. -
Vote of the Town Board: Ayes: Councilman Drum, Councilman Homan,.,
Justice Suter, Supervisor Martocchia. Absent: Councilman Pell,
Justice Doyen.
This. resolution was declared adopted.,
On motion- of Councilman Homan, seconded by Justice Suter , it was
RESOLVED that Highway Superintendent be and he hereby is authorized
to prepare bid specifications, and the Town Clerk be and she hereby
is authorized to advertise for bids for one new engine and two
rebuilt motor blocks for the three Walters snow plows.
Vote of the Town Board: Ayes:. Councilman Drum, Councilman Homan,
Justice Suter, Supervisor Martocchia. Absent:- Councilman. Pell,
Justice Doyen.
This resolution was declared adopted.
On motion of Councilma,n'. Homan, seconded by .Councilman Drum, it was
RESOLVED that there 'be' ing. no further business to come before this
Town Board meeting adjournment be. calle.d at 6: 05 P.M.
Vote •of the. Town Board: Ayes:_ Councilman Drum, Councilman Homan,
Justice Suter, Supervisor .Martocchia. Absent: Councilman Pell,
Justice Doyen.
This resolution was de.clared, adopted..
kd th T. Terr
- Town Clerk