HomeMy WebLinkAboutTB-03/16/1999 SOUTHOLD TOWN BOARD
MARCH 16, 1999
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie, Justice
Louisa P. Evans, Councilman William D. Moore, Councilman John M. Romanelli,
Brian G. Murphy, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F.
Yakaboski.
9:15 A.M. - The Town Board reviewed IV. For Discussion Items. IV. 1. Tax
Abatement for downtown areas. This item was_..:'.placed on the agenda by
Councilman Moore who was not present at this moment. It was decided to. hold
this item until Councilman Moore was present. IV. 2. Notification Rider to farm
winery license for Lav-Cor Agricultural, Inc., (previously Peconic Bay
Vineyards, Inc.). The Board has no objection to this. IV. 3. Interviews for a
member of the Conservation Advisory Council were set for 9:00 A.M., March 25,
1999. IV. 4. Request of Fish Unlimited for funding for environmental testing.
Supervisor Cochran would like time to check with the other towns to get more
information before making a decision. IV. 5. Prior notification legislation. This
was sent to the New York State Association of Towns to see if they support it,
but we have not heard back yet. Supervisor Cochran would like to know what
direction they are going in before making a decision. IV. 6. Increase in
contribution for Memorial Tree Program. The Southold Town Tree Committee 'has
requested permission to raise the fee for the Memorial Tree program from $250.00
to $350.00. (See Resolution No. 18). IV. 7. Committee Appointments and
vacancies. (See Resolution Nos. 19 8 20 to advertise for members of Landmark
Preservation and Transportation Committees. IV. 8. East/West Fire Protection
District. This will be discussed in Executive Session later. IV. 9. Cable
Agreement. Town Attorney Yakaboski advised that he went to a seminar on 'this
at the NYS Association of Towns meeting and they had excellent speakers. Two
gentlemen in particular, and he would like to have one of them come in and
speak to the Board. We have been without a contract for four years. Under
this condition it automatically renews every six months. Supervisor Cochran
advised that it was reported at the last East End Supervisor's Association that
three out of the five east end towns had signed on for a new contract. The
Town of Southold would like to hear what is new in the field before making any
decision. The Board instructed him to invite Lawrence Munroe to come to speak
to the Board. Mr. Munroe will come for travel expenses only. Copies of both
the past and proposed contracts will be sent to both gentlemen. IV. 1 . - The
Board was in support of this, with the- exception of Councilwoman Hussie who
felt that it should cover everything, not just clothing. (Resolution No. 17).
9:41 A.M. The Town Board reviewed the resolution numbers 1-20 to be voted
upon at the 4:30 P.M. regular meeting.
10:00 A.M. - Appointment - Planning/Building/Community Development Workshop
- Supervisor Cochran .thanked all for coming in this morning. The Town Board
is looking for direction because they are at a crossroads. The Planning Board
is the number one agenda item. It is important to the community as well as
everyone here. All of these town departments do have a lot on their plates
because of the moratorium, 20 land transfer tax, watershed program, etc. The
Town Board is having trouble determining just how much help is needed and
therefore needs the input from the departments. Supervisor Cochran advised
that if there is additional support needed by the staff, now is the time 'to tell
the Town Board. The Land Preservation Committee are all volunteers and they
need a stronger support system. The Board naturally looks t2' the Planning
.5 MARCH 16, 1999 SOUTHOLD TOWN BOARD
Board, but knows all that is on their plate, too. Planning Board Chairman
Bennett Orlowski confirmed this by saying that they are very stretched out.
Valerie is more stretched out than anyone else. She needs help on the Local
Waterfront Revitalization Plan. A lot of help is needed on 'many projects. We have
to finish the LWRP. There is $60,000.00 waiting for us. Every time we think it
is all finished and send it up to the State, they send it back. to us again for one
more thing. Chairman Orlowski advised that the following projects have to be
addressed: GIS Mapping; Subdivision Review - Melissa who now also works with
Dick Ryan on the Land Preservation Committee 2 a Land Transfer Tax Fund
handles this amongst many other things; Grant writing and follow-up; and
assisting the Planning staff with special projects and answering questions from
the general public. There are a lot of people coming into the Planning Board
with questions. Chairman Orlowski stated that the Planning Board feels that
they need someone with an undergraduate degree. If they could get someone
just out of school who would like to work in the planning field, it would be
ideal. Mr. Bill Cremers has been checking over the review requests from the
State Department on the LWRP. He said that they just keep asking for
something more each time. Councilman Romanelli talked about the possibility of
the shifting around of duties. He thought Jamie Richter could do the site
review in the Building Department. This type of application is administerial.
An addition or expansion of a building requires a site plan and therefore it all
ties in together. Edward Forrester and Jamie Richter both responded to this
advising they did not feel that they had the expertise to do this. It is in the
Planning Board's field. Supervisor Cochran reiterated the purpose of this
workshop was to create a healthy positive environment and find out how best to
serve the public. Valerie Scopaz explained how the site plan process has
changed since 1989. Before this time, a resident always needed to engage an
attorney to make all applications to the board. Then the town tried to simplify
or streamline the process to make it possible for the resident to do it himself.
She compared it to the scenario of 'the homeowner going to Home Depot and
purchasing ceramic tile and instructions and attempting to install his own tile,
rather than hiring a contractor and paying him to do the entire process for him.
A sort of "hands on process" for the resident. This is the atmosphere that the
Planning Board has tried to create since 1989. It has taken more time on the
Town's part and made it a more labor intensive process for the Planning board
Who has had to supply the resident with the tools and educate them in the
processes. The Board discussed site plan review and the various duties
performed by the personnel. Supervisor Cochran reminded that they have a
grant deadline tomorrow for the $18,000.00 to hire the additional planner.
Supervisor Cochran gave her opinion that the planner should be hired and also
someone to assist John Sepenoski .in data processing. The entire Town Board
was in agreement and the necessary steps to begin the processes will be taken.
On motion by Justice Evans,, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into
Executive Session at. 11:50 A.M. for the purpose of discussing personnel,
contract negotiations, and litigation. Vote of the Town Board: Ayes: Councilman
Moore, Councilman Romanelli, Councilman Murphy, Justice Evans, Councilwoman
Hussie, Supervisor Cochran. Also present: Town Clerk Elizabeth Neville, Town
Attorney Gregory Yakaboski.
Executive session ended at 2:55 P.M.
3:00 P.M. - Appointment - The Landmark Preservation Commission appeared
before the Town Board to give their 4 month period update report on their
study of the strengthening of the Landmark Preservation legislation. Chairman
John Greene explained how they would like to develop community standards for a
historic landmark program. Mr. Gordon Moore, the newest member on the
commission who is assigned to obtaining grants and loans advised that there are
a number of agencies willing to. provide grants to acquire and restore historic
properties. Orient a9d Southold Villages have areas designated as "National
Historic Districts". The Commission would like to write a law to cover either
both or one of these districts. The Town Board suggested that they start with
one at a time separately and endorsed them to continue to gather information.
Chairman Greene said that the commission will submit a written copy of their
report within the next several weeks.
On motion by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of. the :Town of Southold enter into Executive
Session at 4:02 P.M. for the purpose of discussing-' personnel. Vote of the Town
Board: Ayes: Councilman Moore, . Councilman Romanelli, Councilman Murphy,
Justice Evans, Councilwoman Hussie, Supervisor Cochran. Also present: Town
Attorney Gregory Yakaboski.
Executive Session and work session ended at 4:25 P.M.
SOUTHOLD TOWN BOARD' MARCH 16, 1999 -6: 9
0
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on March
16, 1999, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Cochran opened the meeting at P.M. with the Pledge of
Allegiance to the Flag.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice' Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills
for March 16, 1999?
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $291,852.00; General Fund
Part Town bills in the amount of $10,455.95; Highway Fund Whole Town
bills in the amount of $9,646.71; Highway Fund Part Town bills in the
amount of $19,196.67; Capital Projects Account bills in the amount of
$500.00; Ag Land Development Rights bills in `t:he amount of $6,358.16;
Landfill Cap and Closure bills in the amount of $119,302.26; Open Space
Capital Fund bills in the amount of $342,456.00; E-W Fire Protection
District bills in the amount of $14,470.33; Fishers Island Ferry District
bills in the amount of $43,957.03; Refuse 8 Garbage District bills in the
amount of $44,063.17; Southold Wastewater District bills in the amount of
$7,487.19; Fishers Island Sewer District bills in the amount of $71 .91 .
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Approval of the minutes of March 2, 1999, Town
Board meeting?
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the minutes of the March 2, 1999, Town Board meeting be
and hereby are approved.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice' Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
.SUPERVISOR COCHRAN: Setting the date for the next Town Board meeting
on Tuesday, March 30, 1999, at 7:30 P.M.
Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the next meeting of the Southold will be held at 7:30
P.M., Tuesday, March 30, 1999, at the Southold Town Hall, Southold, New
York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice( Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: This is usually the fun time of a Town Board
meeting. It is when ' we give special presentation to people, who are
important to the community.
7 O MARCH 16, 1999 SOUTHOLD TOWN BOARD
Moved by Supervisor Cochran, seconded by The Entire Town Board,
WHEREAS, on March 12, 1912, Juliette Gordon Low registered the first
American Girl Scout troop in Savannah, Georgia bringing girls of all
backgrounds in the out-of-doors, giving them opportunities to learn about
nature while developing 'self-reliance and resourcefulness; and
WHEREAS, the SUFFOLK COUNTY GIRL SCOUTS are continuing this
fine tradition in making the world a better place by learning and practicing
respect for the environment, performing hundreds of community clean-ups
each year and becoming involved in beautification projects such as planting
and maintaining gardens throughout Suffolk County; and
WHEREAS, Council-wide events help bring girls together from all across
Suffolk County, giving girls the opportunity .to interact in a positive
setting, learning to appreciate the diversity of their of their sister Girl
Scouts; and
WHEREAS, the SUFFOLK COUNTY GIRL SCOUT COUNCIL is the
largest youth agency in Suffolk County and the largest in New York State
serving more than 33,000 girls with the dedicated support of more than
9,000 volunteers; now, therefore, be it
RESOLVED on this, the 87th anniversary of girl scouting in the United
State, the Town Board of the Town of Southold hereby proclaims the week
of March 7 to March 14, 1999 as "GIRL SCOUT WEEK" in the Town of
Southold,a time to recognize the contribution this organization has made to
so many young girls' lives and wishes them continuing success in the fine
tradition.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Every time I think about environmentalists, or
environmental organizations, Boy Scouts and Girls Scouts were about the
first on line. Isn't that great, and all these years these two organizations
have kept the environment as one their focus points. I would like to add,
really proclaim the entire year. We are very pleased and honored to
present this to the Girl Scout Council on behalf of the Town Board.
Moved by Supervisor Cochran, seconded by the Entire Town Board,
WHEREAS, disaster can strike anyone at anytime, the AMERICAN RED
CROSS, founded in 1881, and led by volunteers, has provided comfort and
relief to those in need, and has helped people prevent, prepare for, and
respond to emergencies.; and
WHEREAS, the AMERICAN RED CROSS is making a difference in the
lives of many Long Islander by feeding senior citizens through their
Nutrition Program and training residents in First Aid, CPR and Water
Safety Courses through their Health and Safety Services; and
WHEREAS, in the past year, the SUFFOLK, COUNTY CHAPTER OF THE
AMERICAN RED CROSS founded in 1905, consists of 5,086 volunteers that
give their time generously to ensure that everyone who needs help,
receives it by providing relief after fire, floods, 'hurricanes, wildfires,
Nor'easters, ice storms, and other natural disasters; and
WHEREAS, in the past year, the SUFFOLK COUNTY CHAPTER OF THE
AMERICAN RED CROSS worked throughout the night of the Gershow
Recycling Center Fire and highly-trained Disaster Services Human
Resources volunteers responded to many out-of-town disasters including
Typhoon Paka in Guam, the Alabama Tornado, the Upstate new York ice
Storm and the New York City Crane Collapse providing 24 hour a day
disaster services; now,' therefor, be it,
RESOLVED that the month of MARCH, 1999 be known as "RED CROSS
MONTH" in the Town of Southold, and the Southold Town Board urges all
residents to join in the support: of our local RED CROSS chapter; with
volunteer service, monetary contributions and blood donations.
DATED: March 16, 1999.
Vote of ; the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore; Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I present this to you with congratulations on the
work that you have done, and we are pleased to have you as part of our
community. Thank you.
SOUTHOLD TOWN BOARD MARCH 16, 1999 7
I . REPORTS.
SUPERVISOR COCHRAN: We receive reports from different departments
and committees throughout the two weeks between meetings, and they are
on file with the Town Clerk. If there is anyone that would like to see any
of these reports simply' come in and request them.
1 . Southold Town Recreation Department Monthly Report for February,
1999.
2. Southold Town Justice Bruer's Monthly Court Report for February,
1999.
3. Southold 'Town Justice Price's Monthly Court Report for February,
1999.
4. Personnel Leave Time Summary for January, 1999.
5. HHS Administrators Town Lag Study Analysis for February, 1999.
6. HHS Administrators PBA Lag Study Analysis for February, 1999.
7. Southold Board of Trustees Monthly Report for February, 1999.
8. Southold Town's Program for the Disabled for February, 1999.
9. Southold Town Police Department Monthly Report for February, 1999.
II . PUBLIC NOTICES.
SUPERVISOR COCHRAN: Public Notices, there is one from the New York
State DOT in relation to repealing a yield control on Marlene Drive in
Mattituck, and also from the New York State Department of Transportation,
a notice to establish a stop control on Marlene Drive at the same location.
1 . New York State Department of Transportation Notice of Order to
repeal the "Yield" control on Marlene Drive at Route_25 in Mattituck.
2. New York State Department of Transportation Notice of Order to
establish a Stop control on Marlene Drive at Route 25 in Mattituck.
III . COMMUNICATIONS. None.
SUPERVISOR COCHRAN: There were no communications.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has policy that .
before we go into resolutions, which result as a part of our work for the
day, and business that has come into Town Hall in the past couple of weeks
between Town Board meetings, and that we invite you to give your input or
any comments in relation to any of the resolutions. At this time is there
anyone that would like address the Town Board in relation to any of
resolutions on the agenda? You will have the opportunity at a later time in
the meeting to address us on any Town Board or Town business. Mr. Gold?
JOE GOLD: Joe Gold, Southold. Resolwtions 9 and 10, resolution 9 is
purchasing guns for the Police Department, ' 10 is purchasing weapons. Is
there a distinction behind this?
SUPERVISOR COCHRAN: You know when I read that, I said, I would refer
both of them as weapons. I think it is the same thing.
TOWN CLERK NEVILLE: They are both different. Joe sent them down from
the Police. They are both bond modifications.
SUPERVISOR COCHRAN: The ASP is used instead of night stick, but I
wouldn't consider that a weapon or a gun.
JOE GOLD: Resolution 17, authorize support of tax abatement for
downtown area. I wasn't at the Work Session.
SUPERVISOR COCHRAN: That is giving the opportunity to your downtown
business areas. Bill, this is your resolution.
72 MARCH 16, 1999 SOUTHOLD TOWN BOARD
COUNCILMAN MOORE: The County is contemplating elimination of sales tax
on clothing under $110.00 effective December of this year. County
Executive Gaffney has made a suggestion to them that they consider
targeting that abatement on sales tax to historic downtown hamlet areas,
and I think on behalf' of - the town, the Town Board, if they pass this
resolution is in support of that notion, but identify your traditional areas
for the hamlets, in our case in our town, and target that sales tax relief.
That is what this resolution is.
JOE GOLD: It is not very worthwhile.
COUNCILMAN MOORE: The County is going to •study this thing, and see
what the impact is for the sales tax, and obviously they cut out $50,000,000
from somewhere they are going to get it from somewhere else.
SUPERVISOR COCHRAN: Thank you, Mr. Gold. Is there anyone else that
would like to address the Board on any of the resolutions? If not, we will
begin the passage.
Moved by Councilman Romanelli, seconded by Justice Evan, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for
Part-Time Seasonal Police Officers to attend the October 1999 Police
Academy training session, at the current salary.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for Traffic
Control Officers for the 1999 summer season at a salary of $10.05.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Murphy, seconded by ,Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Police Officer John J. Charters III to attend the Universal
Hiring Program COPS Seminar on May 18, 1999 through May 22, 1999 at
Springfield, Massachusetts and all necessary expenses shall be a legal
charge to the 1999 Police Training Budget.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the acceptance of residential leaves and brush at the Southold
Town Landfill, free of charge, for six (6) weeks prior to and during the
scheduled Highway Department Clean-Up Weeks in 1999.
SUPERVISOR COCHRAN: The reason that 1 recommended this was that
there are a lot of brush and limbs. along the roads as a result of the storm,
so the Board agreed . that we allow this debris to come in free at the
Landfill. It runs almost into the three week period that we set up before
Superintendent of Highways does the. clean-up, so it practically runs into
that three week period where we. allow people to bring it in free, and then
Jake does the clean-up, so. that 'has been extended back, because of the
storm, and rather than see people pile up, these limbs from the storm along
the highway at least they will. be taken in now, and cleared off the road.
Vote of the Town , Board: Ayes: Councilman Murphy, Councilman
Romanelli, - Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervlsoe Cochran.
This reso(Ution was duly ADOPTED.
SOUTHOLD TOWN BOARD MARCH 16, 1999 7
Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
AMENDS RESOLUTION NO. 31 OF THE FEBRUARY 18, 1999 MEETING by
adding Provisional to the position of Senior Planner, as follows:
RESOLVED that the Town Board of the Town of Southold hereby promotes
Melissa Spire to the' ' position of Provisional Senior Planner, effective
February 18, 1999, at a salary of $40,305.01. per annum.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of East Coast Mines and Materials Corporation for the purchase of
10,000 yards, more or less as may be needed,of Screened Sand for Ice
Control and Highway Maintenance for the Highway Department, all in
accordance with bid specifications and the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby
AMENDS RESOLUTION NO. 28 OF THE JANUARY 19, 1999 MEETING by
deleting a portion of the dates, amended resolution to read as follows:
RESOLVED that the Town Board of the Town of Southold grants
permission to send four (4) Pol.ice Officers to the, Instructor Development
Course from Monday, March 29, 1999 through Friday, April 9, 1999, and all
expenses for travel, meals, and accommodations shall be a legal charge to
the 1999 Police Training Budget.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore,' - Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Mattituck-Cutchogue Teacher's Association to use the
following town roads for their "Scholarship Walk" on Saturday, May 8, 1999
from 8:00 A.M. to 12:00 P.M., provided they file with the Town Clerk a
One Million Dollar Certificate of Liability Insurance naming the Town of
Southold as an additional insured: Pike Street, Mill Lane, Wickham Avenue,
Mary's Road, Mattituck.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1999 budget as follows:
To:
Revenues:
A.2650.10 Trade in Allowance $ 2,328.00
Appropriations
A.3120.2.500.600 Weapons $ 2,328.00
Vote of the Town Board: , Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED. .
7 4 MARCH 16, 1999 SOUTHOLD TOWN BOARD
Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1999 as follows:
To:
A.3120.2.500.600 Weapons $ 24.00
From
A.3120.2.300.100 Automobiles $ 24.00
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Association for the Help of Retarded Children, Suffolk
County Chapter to use the Town Property at Silversmiths Corner as a stop
off point and place of assembly for their "Laurel Run" on Saturday, May 1,
1999 from approximately 10:30 A.M. to 2:00 P.M., provided they file with
.the Town Clerk a One Million Dollar Certificate of Liability Insurance
naming the Town of Southold as an additional insured.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman ' Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Edward Ehbar, Inc., Construction Equipment for the purchase
of One (1) Used 1998 Front-End Loader for use by the Highway
Department, at a bid price of $85,370.00, all in accordance with the bid
specifications, and the approval of the Town Attorney.
Vote of ; the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby sets the
salary of Interpreters for the Southold Town Justice Court at $50.00 per
three (3) hour session, effective January 1, 1999.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Solid Waste District 1999 budget as follows:
To:
SR 8160.4.100.550 Maintenance/John Deere 74 Payloader $ 12,000.00
From:
Sr 8160.4.100.650 Town Garbage Bags $ 12,000.00
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.-
This resolution was duly ADOPTED.
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town ' Southold hereby appoints
Ann Kudlinski as a , Senior .Aide under. .the Suffolk County Senior
Employment Title V Program, to work 20 hours : per week, at a salary of
$5.15 per hour, effective April' 5, 1999.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SOUTHOLD TOWN BOARD MARCH 16, 1999 75
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an agreement
between the Town of Southold and the Suffolk County Office for the Aging
for the I IC Nutrition' ' Extension Agreement - IFMS-EXE 99000003343, to
extend the term from December 31, 1998 through December 31, 1999, all in
accordance with the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman 'Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Moore, seconded by Councilman Romanelli,
WHEREAS, the hamlet business areas of Mattituck, Cutchogue, Southold
and Greenport are the core of retail economic activity within the Town of
Southold and
WHEREAS, the economic viability of the town's hamlet areas are
challenged by discount outlet stores and so called mega volume stores; and
WHEREAS, thriving business centers within the Town of Southold are
critical to the overall economic strength of the Town, its businesses and
residents; and
WHEREAS, Suffolk County Executive Robert Gaffney has proposed that
the elimination of the county sales tax on clothing purchases be targeted to
downtown business districts; now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby supports
the targeting of sales tax abatement to the downtown business areas in the
Town of Southold and further supports a thorough review of County
Executive Gaffney's proposal by the Suffolk County Downtown
.Revitalization Committee, the Suffolk County Legislature and the budget
staff to the County Executive and be it further
RESOLVED that the Southold Town Clerk Elizabeth Neville is hereby
directed to forward a copy of this resolution to Suffolk County Legislator
Michael Carraciola, the Suffolk County Legislature and Suffolk County
Executive Robert J. Gaffney.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. No:
Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILWOMAN HUSSIE: I think this is discriminatory, number one.
Number two, I don't think there should be any tax at all on clothing.
Number three, why go for such a little thing, like this, clothing purchases
just for the downtown area. What happened to pliers, and nails, and fabric,
and all that other kind of stuff. There are stores downtown that have that
in it, too. I don't like this.
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby increases
the fee for a Southold Town Tree Committee Memorial Tree Planting from
$250.00 to $350.00, effective immediately.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for members
of the Landmark Preservation Committee.
Vote of the Town . Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
7 6 MARCH 16, 1999 SOUTHOLD TOWN BOARD
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for a member of the
Southold Town Transportation Committee.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman , Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Supervisor Jean W. Cochran to execute a lease agreement
between Rothman's Department Store and the Town of Southold for the
property used as a municipal parking field, south of Traveler Street,
Southold, for a two (2) year period from June 1, 1998 through May 31,
2000 at a annual rent of $150.00; said agreement all in accordance with the
approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Supervisor Cochran, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Supervisor Jean W. Cochran to execute a lease agreement
between the Cutchogue Presbyterian Church and the Town of Southold for
the black top parking area north of the church building, and the black top
access driveways from Highland Road to the parking area, for a term of
five (5) years, October 1, 1998 through October 1, 2003, at a total rent of
ten ($10.00) dollars, to be paid in full upon execution of the lease.
SUPERVISOR COCHRAN: We rent parking lots from churches and different
places throughout town. The first one was property down here behind the
deli, that little lunch room used to be Joe's Market. You can tell I am
from the old days. Joe's Market, behind that, that is Rothman property,
which we lease for a nominal amount. We lease from the Legion, anywhere
where we can get parking near the hamlets, we lease at a very nominal
amount from the landowners, and we would like to thank them for their
support through the years in allowing us to use their properties at a small
amount.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was. duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to sign a project
amendment to extend the Local Waterfront Revitalization Project Agreement
#C005800 (Mattituck Inlet Stormwater Plan) to March 31, 2000.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to sign a project
amendment to extend ;the Local Waterfront Revitalization Project Agreement
#CO0575 (Street End Access Improvements) to March 31, 2000.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That is the end of our resolutions. At this time
if there is anyone that would like to address the Town Board in relation to
Town business we would be very happy to entertain your comments.
SOUTHOLD TOWN BOARD MARCH 16, 1999
RAY HUNTINGTON: I am Ray Huntington speaking as a resident, and I
enjoyed this morning Work Session, wherein you discussed the need to
increase our capacity for planning to measure up to contemporary demands
in the area. There is an awful lot going on in respect to maintaining our
lifestyle and preserving the town as we enjoy it. I thought it was a great
example of constructive dialogue in that the sum was greater than any of
the parts. That is why we have a Board, I guess. There were good ideas
put together, and I want to say I was very happy to see that we are
moving in the direction of increasing that capacity. I guess that will be a
subject of a later resolution. I also heard the ideas about streamlining any
inefficiencies that might be there in terms of having to do subjective
analysis where perhaps it would be possible to take the words in the Code,
and reduce them to checklists or criteria against which decisions could be
made much more rapidly, and move things through without passing them
from department to' department. If we can drive as much as we can into the
simpler approach like that those efficiencies will show up as capacity to
get on with things, too. So, in general, good job.
SUPERVISOR COCHRAN: Thank you.
FREDDIE WACHSBERCER: Freddie Wachsberger from Orient speaking
as an individual here. I was a little more disturbed maybe by this
morning's meeting than Ray, particularly Councilman Romanelli's
suggestion to move some of the initiation of zoning process back to the
Building Department, take away from the Planning Board, in order, as I
understand it, to save time because public review takes maybe as much as,
the latest, as much as three weeks. It reminded me of deja vu all over
again. Standing up here quite a few years ago .there was an attempt to
remove some of the planning from the Planning Board and Planning
Department. I think maybe Mr. Romanelli doesn't have the experience of
twenty years ago, when I first got here, when some of the things that
happened when the Chief Building Inspector gave permission to something,
and you see houses going up on wetlands, I won't mention any names here,
house going up in wetlands, or commercial enterprises given the right to go
ahead in residential districts, and after the fact, since there was so
little enforcement, some of these things simply went along, because they
said, well, it's built now, we can't do anything about it. What your
suggestion does is give the power to one person without any over-review,
without any public notice, and this is going back to a very bad time. There
was a great deal of distrust in Southold Town government, and in fact to
adopt a policy like that would leave the Town Board open to that same kind
of mistrust, because the essence really in the democratic process is
transparency. The people really have a right to know. The other piece of
business that I would really like your 'comments on, Jean, this afternoon
talking about historic preservation, you said, what was really necessary,
what is really important is not to polarize it. What I think something like
this does, this idea does, is polarize the community as though the business
community is different from the rest of us. The fact is that, I mean I have
a service contract with Burt's Reliable. The fact is, we all need to work
together. I know that there is a part of the business community, and I
know Joe Lizewski has gotten business people together who are trying to'
push this. Joe sat on the Board the last time we were here, and confronted
this, and I guess I don't need to remind you that, that was a kind of
galvanizing moment that led to the defeat of all members of that Board, who
came up for reelection subsequently, because the people saw it as a way to
eliminate the people. .to disregard the people's concerns. I don't think it
is really too much to ask for the three weeks delay. I think it is not too
much to ask in order to make sure that the public is along with you, that
the people and the business community are working together. I really
think that transparency is the essence of government, and I think that
must be maintained. I think this would really 'lie a reversion to an earlier,
and really not a very. happy time to a lot of the residents of Southold.
The other thing I wanted to address again was the issue of a staffing.
Again, I really appreciate what you said, Jean, even 'though you are trying
to keep taxes down, that this was something ,.that was really essential, to
have these two people at the computer, and' assisting in the Planning
Department, because we are at a kind of crisis, period, I think right now.
There is a6 enormous pressure. There are all these initiatives. The point I
wanted to make was that the people of this town, when you think about
taxes, the , people of this town have passed overwhelmingly the Open Space
Bond Act. They passed overwhelmingly the 20 real estate tax. The people
7 MARCH 16, 1999. SOUTHOLD TOWN BOARD
of this town are showing that they are willing to pay to preserve the
quality of life that they have, but in fact it can't be preserved unless
there is responsible professional planning in place to handle this necessity
that is lying in our laps. So, I think the people are willing to pay equally
to increase the Planning staff to support the kind of- work that has to be
done. I mean, I really 'couldn't imagine even questioning this. The fact that
this hearing, this meeting took place this morning about accepting this
money to hire somebody. The day before there had to be several, and there
was even a question that you wouldn't use that money to hire' additional
planning support. I did a little calling around this morning just because I
was curious. In, Easthampton, for example, with a population of 16,132 to
Southold's, I am not sure what it is now, but in the Yellow Book it says,
23,000 something like that. Easthampton has five Planners, one
consultant, one drafter, three clerical assistants, and a separate
department of natural resources, that those Planners can draw on. We are
really behind the eight ball here, and I would urge you even beyond this
grant, and really make the effort to look at your budget, and find the
money to increase the Planning staff to really arrest the enormous pressure
that is already on from the recitation of all the incredible grants, and
grant monies, and initiatives, and programs, and bond acts, and everything
that is in front of them. It was really very impressive. It moved one about
Southold being in the forefront of these kinds of- activities of saving open
space, but without real coming to grips, getting out from under this
burden, and really having the time to come to grips with planning and
prioritization to deal with these things it is going to be a very difficult
task for anybody in that department, so I really urge you to increase the
Planning staff, so all of this can be handled in a responsible and
professional way.
COUNCILMAN ROMANELLI : Can I respond? I may not have been here
twenty years ago, when all this was going on, but I have had the
experience to go through the Site Plan, and Building Department, and
Health Department process twice in ten years. So, twice I have been
through Site Plan Review in this town in ten years, and I don't know how
many other people in this town can say that they have. It is a long drawn
out, long process. You imagine that where the democratic process. Well, the
democratic process is so important, which I believe it is, then the
democratic process should effect all individuals in the town. The business
commercial property is treated differently than residential property, so it
is not treated on the same fair level. When I hear comments like you made,
and I take them very well, but I have been on this side, where most people
haven't, on the Site Plan, or Planning Department side. I venture to see
what the public would like to say, that every time you wanted to do
something to their property, whether it be an addition, a deck, shed, or a
garage, had to go through a Site Plan evaluation for their residential piece
of property, and Architectural Review Board, and Health Department review
to do a simple improvement on their residential property, and then I believe
that many people, who don't know the other side, having been through it,
and having the experience, ought to stand on my side of the fence, and go
you know what? This process is really long, drawn out time consuming, and
cost me a lot of money. While I was waiting to get my building permit for
something I was legally allowed to do, and that is what it boils down to,
and that is what my argument was about that, that. if you are legal in your
proper zone you don't need a variance from your Zoning Board. You bought
a piece of property, because that is what the piece of property is there
for, and you have to go through this process, and public hearing, so the
public can be on your side, so you can do what is legally correct, what the
law told you, you could do. Let the homeowner go through it, and you will
see a whole different feeling from people. You will see the residents say,
oh my Cod, you kngw what? That, group„ of...people are right. This is
costing me a fortune, , and it took. me seven, eight, ,nine months to get my
Building Permit for my shed, or my deck.
FREDDIE :WACHSBERCER: Can, . I . ask one question or make a statement?
Bill Cremers asked me this morning .when. you. are, proposing this, whether
that would'` mean that this Cross Sound Ferry didn't have to come back with
a Site Plan Review. Your answer was, yes.
SOUTHOLD TOWN BOARD MARCH 16, 1999 7 9
COUNCILMAN ROMANELLI : My answer to him was,1 if they could prove
through a Site Plan, that they had the proper parking and drainage, and
setbacks, and they needed no Special Exceptions or any Law in this town,
any Code in this town, they would not need a Site Plan.
FREDDIE WACHSBERGER: The question about, which still seems
unresolved, the question about whether an intensified use triggers Site Plan
Review. This I understand was under constitutional act. The Town has not
responded to that. My understanding is that there has been extension,
after extension, , after extension, after extension, without response to this
issue, and I don't know whether that Law is being rewritten on now in
Code Committee, but it seems to me that that is an essential principle that
Southold Town must follow, because an intensified use, that is just one case
that I have been too intimately familiar with, but which effects traffic,
which effects people who live at the Point, which effects light and noise
disturbance, and which effects wetlands, and everything else, and if they,
like many business were operating originally without a full initial Site
Plan Approval, or operating in a way that didn't meet the initial Site Plan
Approval, and never had to go through a SEQRA I, because it was done
incrementally, but by your definition they could just go ahead with the
expansion they wanted to do, and not come back for •Site Plan Review.
That is an extreme example.
SUPERVISOR COCHRAN: I am sure we will have more than one debate on
this topic as we move along. Thank you. Anyone else like to address the
Town Board? Mr. Gold?
JOE GOLD: Joe Gold, Southold. Staying with this, ,,issue, there is a vast
difference between expandng business and expanding a home. Most
businesses have far more impact on the community and their surroundings
than a home does. The other thing that confuses me perhaps is the
problems that the business community keeps bringing forth about delays,
and building permits, and site plan approval. We know there are empty
stores in the downtown areas in most of the hamlets, and we also know
there are empty stores in the strip malls up on North Road. I can not see
any connection between those empty stores in any aspect of the Town Code.
People go out of business because they don't do the business properly.
There are citizens of the town of 17,000 or 18,000 people, who are not
involved in business of this town vote on the future of businesses. They
stop going to businesses that don't provide products and good service.
They continue to go to businesses that do. It is as simple as that. People
who don't run their business in an appropriate manner will go out of
business. People who run their business in an appropriate manner will
profit. Now, your business is prospering. I assume it is because you know
what you are doing, but what has the Town Code got to do with it.
COUNCILMAN ROMANELLI : I wonder what if someone who would like to
run a business, who could do very, very well in whatever trade or
business there in, is afraid to go forward because they are afraid to go
forward, because they are afraid to rent or buy a commercial piece of
property anywhere within the town, and make the investment because they
are afraid that that investment might take seven or eight months to get
back to them before they can turn their phone on. I wondered if that
excellent business person might be out there somewhere who is not taking
advantage of a vacant store, because he is afraid of that delay. He may
have enough capital to go twelve months, but in eight months he has been
waiting to get the telephone turned on. That is what worries me.
JOE GOLD: That is a nice hypothetical, but it seems to that someone who
really wants to go into business, I . really don't see any connection between
empty stores, and the Town ,.Code.' ,If. .someone could show me that
connection, then I think we ought to talk about, revising the Town Code,
and businesses in this town. have been there for a: long time, and expanded
again and again, and they' Have profited. You' may say it is in spite of the
Town Code. I say, so what, you, are. still prospering. So, there was nine
month delay of a business that has' been around for twenty years. I don't
see any connection, and I think the business .community is on a dangerous
path, beceuse they are forgetting that this community, 900 of the people in
this community are customers, and you see, a business operation like
Feather Hill next door, which has a lot of empty stores, which now has a
80 MARCH 16, 1999 SOUTHOLD TOWN BOARD
new sign saying, cars that aren't parked here for Feather Hill will be towed
away. Those people don't know what business they are in. They don't
understand that when you go to the library, you are a library patron. An
hour later you may be a patron of Feather Hill. No matter what business
you are in, your business is keeping customers happy, and the vast
majority of people in thi's town are customers. Thank you.
JOE TOWNSEND: Joe Townsend. I didn't come to talk about that
issue, but I would like to make one point on that. I think a lot of the
problems that people run into in the Planning process have to do with the
way the Code is written now, and what is allowed in different uses, and so
,
forth. I think I for instance, Mr. Lizewski has always had a. problem
because he formed a business that wasn't really allowed in the zone that he
had. That is something that was started' back. A review of those business
uses were started some time ago, and I think that would go a long way
towards solving the problem, because what you are confronted with is
someone that wants a business, like someone wants a perfectly viable retail
business, but for some reason or other ends up not being allowed in the
zone he wants to do it in. I am not sure if that is what you discussed
today, but I think that unless you pursue it so that a greater mix may be
allowed in business areas. Anyway, that is not what I came to talk about.
I came to talk about something that I recently become aware of along the
road where I live on in East Marion, between Greenport and Orient. You
may recall, Jean, you asked for the Town Board members to write down
their priorities, when they did their budget, what kinds of programs they
would like to see, designate figures for that. I don't know if you did it
this year, but you did last year, and on that occasion, and in the fire
district I had the same thought, that we should really set aside some open
space monies to preserve special vistas in this town along the Main Road. I
think it is important because that open space has the highest impact on
people. More people see it, more people get relief from it, visual relief.
The reason I become aware of the fact of two properties, and I consider
them the prime distance between Orient and East Marion. One of them is
very close to me, behind Dam Pond, the west side of Dam Pond, where the
owners have put in an application into the Trustees to build a road on the
west side of the property. If they are permitted to do that road there is no
reason why they won't be able to put five houses in that area. That
property is always featured in every photography book. It is even featured
in New York State Tourism literature, although sometimes. it is
mis-identified as Orient State Park, but it is there. It has been listed
by the Town. It has been listed by the State. It should be preserved. We
should really try to acquire that, the west side of Dam Pond. Anyway, that
is one issue.
SUPERVISOR COCHRAN: Joe, if I may just add to that? That is certainly
one of the loveliest spots in the Town of Southold, and it is on our list
for trying to acquire it, you know, in partnership with the County, or just
anybody that would help the cost, or try to double our bonding money, but
we are cognizant of that being one of our priorities. I will check and see
what the status is at this point.
JOE TOWNSEND: I would try harder. Try as hard as you can. That is
just one parcel. The other parcel there that I heard about recently was
Cheropowich farm. That I am concerned about, because that farm is
located between Gilette Drive and Shipyard Lane. It is on the west side.
Usually the developments rights have been offered to the farm selective.
The farm, as far as I know, as long as I can remember, for as long as the
Cheropowich have had it, it. has been in continuous operation for at least
100 years. It provides most of the produce for Sep's Farm Stand. It is
the last viable farm in' East Marion. ;I heard, and I may be wrong, I hope I
am wrong, but the members ' are, opposing it, some members are, because
they feel it is land that is suitable for ,devel;opment. It seems to me that
this should be protected. I know that is, not tie prime goal of the Farmland
Preservation, but this also happens to be a very viable farm. It does
provide relief.
COUNCILMAN 'MURPHY: I know about that one.
SUPERVISOR COCHRAN: Brian is on the committee. He is the liaison, and
it is under consideration.
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SOUTHOLD TOWN BOARD MARCH 16, 1999 8 l;
COUNCILMAN MURPHY: Actually what we have looked at with the County
partnership on that, we have a crew going after that. The Peconic Land
Trust has come in with a conservation opportunity plan for the family, that
will give them a few lots on the farm in the wooded areas, and then the
development rights have been presented to the committee, and we are
moving to go through-the County for purchase.
JOE TOWNSEND: I think it is important. Thank you for your time.
SUPERVISOR COCHRAN: People are working on that, too. The Land Trust
had applied for ,the grant from the State the same as we did this past time
around. We hopeful that maybe this time with Pataki's Clean Air Act we
will get some money for these pieces, but they are on the priority list.
That and Arshamomaque, the green belt.
JOE TOWNSEND: I know there is a lot of farmland that isn't visible from
the Main Road. I think we should have some sort of special funds for
priority. Thank you. (tape change.)
JOE LIZEWSKI : I would like to take just a few moments to go back in
time, and put some thing in proper prospective, because I was also at that
Planning meeting. I thought there were a few things that weren't put into
prospective. It was mentioned that this was brought up back in 1989 by
George Penny. In 1992 there was a study done in the town about the
procedural authority of the Zoning Code, and I have to read some of that,
and go on to the laws that have changed. It says, at such time the
Building Inspector receives an application for a building permit, a complete
form of all documentation listed in Section 100-181A • 1 through 7, and after
reviewing the same further requires under the. ,.auspices of the zoning
regulations, a site plan map to be reviewed and 'approved by the Planning
Board. The applicant may request the Building Inspector to review the
Site Plan map in order that the Building Inspector may with full authority
without special permission from the Planning Board prior to commencement
of the site plan review process before the Planning Board, provided a
complete review and analysis of the site plan map, particularly as to it's
compliance with zoning use provision set back and parking. Pursuant to the
the Section 100-181A, state the reasons for his denial. The fact that the
Planning Board may consider respective site plan reviews specifically
limited to construction of enabling legislation concerning the layout,
design, related aspects of the proposed development, a plan required to be
submitted by the builder or owner showing the proposed location of the
buildings, parking areas, other installations on the plot, and the relation
to the existing conditions such as roads, land uses, natural features,
facilities, egress, and interior roads, and similar features. In essence a
site plan shows the proposed design layout, improvements be placed on the
parcel. Legislation confers to the Planning Board no authority to regulate
matters beyond the obvious purpose of the legislation does not constitute a
grant of police power to regulate land use. The legislature authorizes
Planning Boards to pass the layout designer related aspects of the proposed
development. Did not authorize them to assume the powers of Building
Inspectors, or Zoning administrations. Accordingly, it is the Building
Inspector, who has the authority in the Southold Town Zoning Code in the
first instance to determine whether or not a particular application must go
before the Planning Board for site plan review. Of course, that was then.
Then 1995 came along. 1995, we got rid of two things. We got rid of a
Certificate of Determination, and that Certificate of Determination gave the
Building Department the right to tell you what you could do in your zone..
You could go to the Building Department, it would say, okay, you are in
hamlet business zone, you can get a slip from us telling you that you could
rent this building for a bread store, a clothing store, a sporting goods
store, or whatever. Well, we got' .that all; worked up first, then we added a
very simple one, and 'this is something' that `I 'spoke out strongly at that
time. It only changed a few words, and the .intent of this law change was
to let the Planning Board decide if a site plan is required for new use,
change of use and expansion, or use prior to the issuance of a building
permit, which changed the way we really did business, and it only has a
few words in it, and says, no building permits shall be issued for any
structure or building for which a site plan is required pursuant to Chapter
100, ZeMing, untll a determination has been made by the Planning Board as
to whether the site plan and amendment there is to, be required, and the
rest of it is basically the same as the Code that was there, and it is just
.8 2 MARCH 16, 1999 SOUTHOLD TOWN BOARD
a few words, and the words are really determination has been made by the
Planning Board. Now, that law really did define a lot of things, and that
is what the business community would like done. The intensity of use used
to mean you are taking your clothing store, and making it into a
restaurant, or maybe a bakery, which meant you were going to need more
help, you are going Ad need different things. Intensity of use now means
that it also could mean that you are changing from a clothing store, as we
know from a realty store to a clothing store meant changing intensity of
use. So, the business community wants to know what rights they have to
their business property without the Planning Board making that
determination. What triggers site plan is the words intensity of use, which
has always been' a babble in the town as to exactly what the definition of
intensity of use is. Is the intensity of use in a hamlet business area going
from a clothing store renting it as a real estate office. Most of us don't
believe that is a change in intensity of use, and it also tells us that we
have laws, the value of our property, except that the Planning Board wants
to tell us what it can be sold as, or used as. Another intensity of use is
if you want to add a small storage building to your present building. That
could change the intensity of use. So, the words intensity of use, I think,
I think are the problematic words, that were left with. We have been
asking for a definition for that for quite a time. We hate to see something
like that go to court, because most of us don't have the money to do that.
We are not against site plan, and we know that in some instances it is
absolutely necessary, but we would like to know exactly what we are going
to give back as far as the proper use of our properties are. We have had
business zoning, and we can't do anything to these things in Hamlet
Business without going before the Planning Board to find out if we can do
them. Why bother having business zoning? You have taken away basically
their property rights, unless the Planning Board decides to give them to
you, so those are the things that have come up in the Planning
Department, and of course, When the Planning Department was first
started, we know, it did not do what it now does, and it has a lot of
things to do, and as far as we are concerned the main thing that it does is
handle site plan, and site plan is not being denied by us. We don't want to
stop site plan. The business community understands that is needs site
plans when it builds new businesses, but it want the intensity of use to
find. We want to know what triggers it. I will give you an example. We
have just been through it. The guy wanted to build a new kitchen onto his
building down at General Wayne. You know everybody in the Building
Department knew that kitchen they had was terrible. They had no fire
walls. It was a deathtrap. This guy is not going to change the amount of
people he: is going to have in that building. He is not going to change the
parking. He is not going to have to fit any more people in that building by
changing that kitchen. That is still considered intensity of use. He decided
to add on to his building. That was considered intensity of use. We had
realtors who wanted to move from a realty office to a clothing store. That
was change of use, also. He waits, I think it was four weeks, or whatever,
to find out if he could actually rent the building. There have been
buildings that have been for sale, and people don't buy them, or don't
want to go in them, because they know how much they are going to have to
go through to change them, or make them better. It happened with the
Blue Top. It was for sale for two years. Everybody wanted to make it
better, but when they found out what they were going to have to go
through, they said, forget it, it is not worth it. The building is terrible
anyway. If we have to do all that, plus fix the building up, so outsiders
ended up buying that building. I talk to other people in business. I told
them, you have all this cement stuff out here, why don't you put up a
shed to hide the stuff? They say, listen for what we have to go through,
it can sit here, so it doesn't really help the town to put them through
these things? Absolutely not. But the intensity. of use, if it is defined,
and not subjective would be a big deal for us. We don't like the
subjectivity. Nobody does, of what's there because other people get on that
Planning Board, that subjectivity could be changed. So, if you are going to
use the words intensity of use. for a site plan, and be the trigger for it at
least define intensity of use, or, at least tell the. business people, if they
have hamlet business, that they have these rights to this business, they
can rent them without 'going back 'to the, Planning Board to find out if they
can rent this building., I mean ,if it. is in hamlet business they should have
certain rights without going through Planning to do certain things in this
building. ' As it stands now you have no rights, and I don't know how this
simple change of wording gave the Planning Board unbelievable power, that
SOUTHOLD`TOWNABOARD MARCH 16, 1999 8 r3
it has broken through and taking on through this simple law, because this
law doesn't say anything about the intensity use, but if you ask the
Building Department where their law was, they will tell you it came from
the Site Plan Law, and it just has kept on growing, and growing, and
growing. People in business really don't know where they are at with this
stuff. They don't know- if they can go ahead. They don't know if they can
sell. They don't know if they should improve, and you know you can say
what you want, but small business people out here are not making a killing.
You know, people out here still have to struggle to survive, and to go
through this extra expense is enough to stop them from doing so. I don't
think the business community is against the site plan, or the site plan
review. They would just like to have it spelled out a lot clearer than what
it is. It is not spelled out very clearly, because intensity of use is one
of those phrases that could be used for parking. It could be used for just
about anything, and it doesn't really fit all the time. So, if we could find
out exactly where we stand, and have it zoned, hamlet business zoned, and
have certain rights that stay within that zone I don't think we would have
a problem. The other thing is when it comes to someone who has gotten a
full site plan, and we will say they are allowed to build so many square
feet on the property, why should .they ever have to go back if the site
plan includes it is completely done they
I mean as far as we are concerned,
if we have to go through this whole procedure, through everything, and
the Planning Board approves the site plan for you, for your entire piece of
property for the maximum amount of building you put up, and you don't
build it all, you should never have to go back and do a site plan again.
You should be able to get your building permits. At the present time you
still do. It still can be done under this present law. You don't have that
right. They have the right to tell you to come back. It is not written down
here that you don't have to come back. You are just. being subjected again,
so the subjectivity in that law is not very clear"", and I don't think the
community is polarized over this, just sort of a little perplexed about it,
because they don't know what the intensity, of use change is going to be
for them when it comes to the Planning Board. In the old days it was very
simple. You go into the Building Department, who does by State Law
represent the health and safety of this community, not the Planning Board,
would determine what your zone was, and they would decide at that time if
you are going to change intensity of use. They never had a problem
sending people to the Planning Board. They send people to the Planning
Board all the time. The Planning Board never objected, but now that the
Planning Board has that particular zoning power, which was never theirs to
begin with. It was determined a long time ago, it was not supposed to be
theirs, but that has changed completely, so you don't know. With the
Building Department you knew, but the Planning Board you don't know, so
there needs to be some work done in defining some of these things, because
it just is raising havoc, even in renting a place, not just in selling it. I
mean people can't sell it, because they understand now with this law if you
own a clothing store you must sell it as a clothing store. You can't sell it
to somebody else unless you go through the planning process to somebody
who wants to sell hardware. You basically have lost everything you have,
unless you sell it for exactly what it is worth, or exactly what it is, so
it has become very problematic for people to move, to grow, to get better,
or have any desire to improve themselves, and it is stifling everybody's
property values, because it doesn't allow them to sell it. It doesn't allow
them to rent it, and it just is something that has to be cleared up. I don't
think that when this law was written, that intent was put into this law.
Okay? I don't think it was intended, and it certainly doesn't say it, that
this planning process should become so cumbersome, and should have the
right to interpret intensity of use in any direction they want, which they
do now. If you want to define intensity of use, then fine. There are lot of
things that can be done in there to help expedite things besides what is
going on. I will give an example. ' You' have a Site Plan Reviewer. Your
Site Plan Reviewer knows exactly, what should be done on the site plan.
mean Bob. Kassner has been doing this for many, many years. He can
look at a plan, and say, your parking is wrong, you are too close to that
lot line. Why can't you have a Site Plan Reviewer, instead of going back
and forth five times with that businessman, changing his mind, doing this,
doing that, doing that, correct those plans, initial them, give it back to
the man's architect, have them correct them ,to suit the Site Plan Reviewers
corrections, and be done with it once, instead five, six, seven, eight
times. I mean that Is the problems that you have. It is not that they are
against site plan. It is just that there has got to be a more expedient way
84 MARCH 16, 1999 SOUTHOLD TOWN BOARD
to do business. I mean this man down at General Wayne is spending
$7,200. a month on a mortgage. He has been held up six months already to
try and open his place, and get his permits. That is $42,000. Then you
wonder why people get excited. How many here have $42,000 that they can
sit on, and wait? Those are the problems that we have. They are not
trying to polarize the• community. We would just like some clarification, so
we know what direction we are going in, and we don't like subjective laws.
We feel that if you print a law for us, we should be able to look at that
law, fulfill our obligation to it, bring in, and do like Home Depot, go
through. It doesn't work that way. You know it, Bill. Everyone of you
know. Everybody that sits up there has been through this. So, those are
our problems, but we are not against planning, and most of us would agree
that we don't want to see a lot of development on the back road even. I
mean those are things that a lot of people think the ; businessman are
against. We think those people should be reimbursed for the property
values, but if you look at Patchogue, Sayville, Bluepoint,
Bayshore, they were built by Sunrise Highway. We certainly don't want
a Sunrise Highway on the back road, then all those beautiful hamlets are
gone. The business community is not completely blind to planning, and it is
not against all the planning . that a lot of people think the businesses are
against. They live here, and they contribute as much as anybody to this
community. They pay a great amount of taxes, and again, they are the
people that take care of your school boards. They are the people in your
Lion's clubs and everything else, so they are not against planning, but
they would like some clarification, and some of these laws that were written
take some time to find the problems, and I find the problems, and I think
once the problems are there they should be corrected, and we think that
intensity of use should be defined. We think we should have some rights in
the zones that we are in. We are not against any site plan, and we are not
against going before the Planning Board, but these laws that we have are
just too subjective. Thank you very much.
SUPERVISOR COCHRAN: Thank you for clarification, Joe, and the Board
is going to begin to look at some of these things. Anyone else like to
address the Town Board? Mr. Samuel?
TOM SAMUELS: I was inspired by Joe's speech, and I was also very
interested in Mrs. Wachsberger's speech, because there really is no
polarization that I am aware of between the business community that I know
of, and keeping the town the way it is, as much as we possibly can. I
would quarrel with Joe Cold about the statement that you fail in businesses
because your product isn't right, or the price isn't right, or this isn't
right, or that isn't right. This is not quite that simple. Possibly if he
had been in business at some time he would realize there are a lot of
factors involved in whether you are a successful businessman, not the least
of which is having competition up in Riverhead that knocks your prices to
pieces, and what we have to do is make it possible for the empty stores to
be whatever they can be. I am not talking about bars, or topless clubs or
anything, but any use that they can there is a reputation that the town
has unfortunately come to enjoy, that it is difficult to do business in the
Town of Southold. Mrs. Wachsberger mentioned Easthampton. Let me
clarify what happened in Easthampton a little bit. It is true that
population'. is less than in Southold, but if you look at Easthampton's
assessed valuation, especially ' the oceanfront property, the average price
of a house on Lily Pond Lane- in Easthampton is $13,000,000. Now wouldn't
we like to have a tax base like that? Wouldn't we like to? South of the
Montauk. Highway there isn't anything for sale under $2,000,000 in the
Town of Easthampton. There is no place for people to live. They are
importing all their labor. Everybody is importing labor in the Town of
Easthampton. The Town of. Easthampton , has, a . Planning Department,
which is tremendous. : I have been to: the ZBA meetings in Easthampton
until 1 :00, 1 :30 in the morning,. and the' Natural Resources Department is
largely the source of those delays. There is ,nothing wrong with that if that
is the way the direction of this town 'wants :to go. There are people that
mentioned Nantucket. ' Natucket imports people, two hour ferry ride, for
a day's wgrk, and two hours back;, and they get paid for that. Same things
happen on the Vineyard. Same things happening 'on Cape Cod. We have to
make it easy for our local people to live here. 'That is where I am coming
from. At times I wonder why it seems to be quite obvious that we have to
make it easier. We have to make it easier, and it is not just the farms and
stuff like that, and greenhouse, and everything. Every aspect that things
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SOUTHOL.VTOWYBOARD MARCH 16, 1999 85
we can do to improve the economy without effecting the environment. It is a
fine balance. I am well aware of it, but it has to be done. There have been
in the past. I remember there was a gentleman that wanted to rent that
horror building which is up at the corner of, you know the old Agway
building, that concrete building, right on the corner there. This was some
years ago during a - different administration. It was a Republican
administration incidentally. The gentleman that wants to develop that
building, he wanted to make Danish furniture components. Danish furniture
components, it is a clean industry. It is a good industry. It would have
employed up to fifteen to twenty local residents at good wages, because
there is skill involved in these compound curves that you build in the
Danish furniture. But, he threw up his hands when he found out how long
it was going to take him to do that project, and he landed up in
Brookhaven Town, not that I have anything against Brookhaven Town,
believe me. It is a wonderful place. I am glad I am in Southold. In any
event we have to make it easier. That should be part of our agenda. I go
back to the labor of love, that my son engaged himself in for two years,
which was the USUK Study, and one of the principle things in the
USUK Study was, let's keep the business in the hamlets. Well, if we are
going to keep it in the hamlets, let's make it easy for the hamlets to have
businesses. Otherwise, that study is out the window, and that study,
believe me, was rejected by the administration previous to you, Jean.
Nothing was ever done. Nothing was ever, done, but in the back of my mind
it made some sense, it made a lot of sense, but what do I see in the
hamlets, but empty stores, and it 'is not because people are poor
businessmen. It is because the competition is pretty tough. It is pretty
darn tough. I know in Southampton, when you go and rent a store in
Southampton you will get that permission to use that store before the
season starts. They don't hold you until Memorial Day before they give you
permission. It is done like that, because they don't want empty stores.
That makes sense to me. Empty stores look like the town is going downhill,
and fortunately that is not the case here, but it is an indication, and you
all know you have driven through downtown areas, and you have seen them
in disrepair in other towns, and it is a sign that a town is going downhill
economically. It is not making it. It is the wrong ,sign, and us who live
here know that it is the wrong sign, because we know the town isn't going
downhill. Our record on environmental purchases, open space, bond acts,
everything, is exemplary. We are as good as anybody. We are better than
Easthampton. Easthampton got all County money, and State money, for
their purchases for the most part. We were appropriated more money in this
town, than Easthampton has. So, Joe's approach, 1 thought, was well
taken. It was objective. It is not meant to polarize, and I certainly don't
intend to polarize this community. Thank you.
SUPERVISOR COCHRAN: Thank you, Tom. Is there anyone else who
would like to address the Town Board? (No response.) - If not, I will call
on Town Board members for reports.
COUNCILMAN ROMANELLI : I would just. like to give the Historical Society
a little pat on the back .tonight. I know you were there last night, Jean.
They opened up their exhibit, North Fork land interactive exhibit. I think
they did a fantastic job. It is a hands on exhibit for the school age
children, and everything they did is fantastic. Anybody going through the
hamlet of Southold should stop in and see it.
COUNCILMAN MOORE: It has been long day, but I will be very brief. I
had a chance to speak to the Mattituck Chamber last night, and must tip
my hat. The Chamber is a dynamic active group up there. They have great
visions for enhancing the business center down there in Mattituck, and
they are seeking grant money, and they. .are .making applications, and
chasing down everybody and their mother ' to make their projects come to
life. We will be working in partnership with them on some applications, and
they are coming in on March 30th to present to the Town Board what
they need for us to do to help them make that a viable, and continue to
make it a viable business hamlet. So, `my hat is off to the work they are
doing, very active group. The second .thing in' changing hats now, is as
the Town Board liaison to young men in the community who are doing their
Eagle Scout projects, I, am happy to report that the US Department of
86 MARCH 16, 1999 SOUTHOLD TOWN BOARD
Agriculture has approved $5,500 for Eagle Scout candidate Wayne Langer's
project up at Marratooka Lake, which is to take an overgrown wooded
area, and return it to it's native grasslands, and that is some good news.
He will be working with Troop 6 here in town, and Alan Connell from the
Department of Agriculture, so that is a nice project. Thank you.
COUNCILMAN MURPHY: I just wanted to let you know that the
Soundshore Study Group will be meeting Thursday night, 7:30, here in
Town Hall on the Horton's Point Goldsmith's Inlet area, and they will be
presenting the possible solutions, or. what they hope will be solutions, for
the erosion that' has taken place along there. So, that meeting will be on
Thursday evening. Other than that we just had some news this evening,
that I think most of you know Dick Ryan. His- wife is extremely ill, and it
was quite upsetting to hear.
JUSTICE EVANS: On a good note, yesterday we closed on a piece of
property on Fishers Island, which is the first time the Town has used
public funds to buy open space out there, and the island is very grateful
for it. They supported the Open Space Bond resolutions all along, so it is
nice to have some land bought on the island. I think that Jean has a letter
of thanks, but I particularly want to thank the Board, and Dick Ryan, and
our Town Attorney for working with the organization, such as Island People
Project, and the Civic Association on the island to make this happen.
Thank you.
SUPERVISOR COCHRAN: And to follow that, I have received a letter from
Nancy Hunt, who is President of The Fishers Island Civic Association. Dear
Supervisor Cochran and the Southold Town Board. On behalf of the
membership and the Board of Directors of the Fishers Island Civic
Association, I wish to express our sincere thanks to you on the foresight
on the important purchase of the Fitzgerald property adjacent to dock,
beach on Fishers Island. We wish to express special thanks to Justice
Louisa Evans for her diligent efforts on behalf of the Fishers Island
residents. We also wish to thank Dick Ryan, Greg Kakaboski, and David
Stire for their real estate, and . legal expertise in expediting this
transfer. The Civic Association intends to work closely with the Island
People Project, the Fishers Island Harbor Committee, and the Southold Town
Board in order to maintain this -area in accordance with Town guidelines,
and for the residents of the town. ' Again, our sincere thanks, and it is
from Nancy Hunt, President of Civic Association. I would also like to just
reinforce what John said in relation to North Fork land down here, the
Historical Society, please, if you have grandchildren, or children, just
stop in and see it. I know I was as impressed with the project as John.
They have done a beautiful' job there. It is only going to be there until
May, and then they will take it apart, so they have room for their gift
shop. I think they will shed a few tears, when they have to take it down,
because I am sure a lot of young people are going to pass through there,
and enjoy the hands-on activities. I would like to close the meeting with,
and I know the Town Board joins me in this, in extending our prayers and
our thoughts to the Dick Ryan. Dick, our thoughts are with you, and God
bless. May I have a motion to adjourn?
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
5:50 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
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Elii eth. A. Neville
Southold Town Clerk