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Home My WebLink AboutTB-06/08/1999 SOUTHOLD TOWN BOARD DUNE 8, 1999 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on June 8, 1999, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran - opened the meeting at 4:30 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 the bills for June 8, 1999? Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $122,752.01; General Fund Part Town bills in the amount of $7,759.36; Highway Fund Whole Town bills in the amount of $8,958.41; Highway Fund Whole Town bills in the amount of $16,003.15; Capital Projects Account bills in „the amount of $85,495.00; Ag Land Development Rights bills in the amount of $1;016.75; Landfill Cap & Closure bills in the amount of $15,625.89; Open Space Capital Fund bills in the amount of $20,344.00; Employee Health Benefit Plan bills in the amount of $5,460.00; Fishers . Island Ferry District bills in the amount of $4,505.93; Refuse E Garbage District bills in the amount of $13,240.58; Southold Wastewater District bills in the amount of $8,289.73; Fishers Island Sewer District bills in the amount of $2,565.66; Fishers Island Ferry District Agency and Trust bills in the amount of $162.29. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was RESOLVED that the minutes of the May 25, 1999 Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Moved by RESOLVED that the next meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, June 22, 1999, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. I . REPORTS. 1 . North Fork Animal Welfare League for April, 1999. 2. Island Group Administration, Inc. Claim Lag Report through April, 1999. 3. Southold Town Recreation Department Monthly Report for May, 1999. 4. HHS Administrators Claim Lag Study Analysis through May, 1999. rl '8 4 JUNE 8, 1999 SOUTHOLD TOWN BOARD II . PUBLIC NOTICES. 1 . New York State Department of Environmental Conservation, Notice of Public Hearing and Complete Application of Gerrard Bellesheim to construct a bulkhead at Long Island Sound, 122 Soundview Road, Southold. Written comments to be received by June 24, 1999. 2. New York State Department of Environmental Conservation, Notice of Complete Application of Russell/Robert McCall to install an irrigation well at 10230 New Suffolk Avenue, Cutchogue. Written comments to be received by June 25, 1999. 3. U.S. Army Corps of Engineers, New York District, Notice of Application of Greenport Village to extend and repair a pier in Greenport Harbor, Shelter Island Sound, Village of Greenport. Written comments to be received by June 25, 1999. Ill . COMMUNICATIONS. 1 . Alice Amrhein, Suffolk County Department of Economic Development Commissioner in regard to Targeted Business Investment Real Property Tax Exemption Program. 2. Joseph Scariza, New York State Department of Transportation, thanking Supervisor Cochran for the use of the Town Hall. 3. Edwina Latson, Eastern Long Island Hospital Auxiliary with thanks for use of Recreation Center for annual plant sale. IV. PUBLIC HEARINGS. 1 . 5:00 P.M. on a proposed "Local Law in Relation to Amending Certain Sections of Chapter 92, entitled Vehicles and Traffic of the Town Code of the Town of Southold to add a Night Fishing Permit". 2. 5:05 P.M., on a proposed "Local Law in Relation to a Ninety Day Extension of the Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property along the Route 48 Corridor in the Town of Southold". 3. 5:08 P.M., on a proposed "Local Law in Relation to a Ninety Day Extension of the Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property along the Route 25 Corridor from the Intersection of Route 48 and Route 25 extending East to the Intersection of Route 25 and Manhanset Avenue in the Town of Southold". V. RESOLUTIONS. SUPERVISOR COCHRAN: The Town Board has a policy that if you would like to address us, or give any input to any of the resolutions we will be acting upon, that you have the opportunity now. If you would like to address the Town Board on any Town business we would certainly welcome you comments at the end of the meeting. At this time is there anyone that would like to address the Town Board in relation to the resolutions? (No response.) 1 .- Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Nadler Mobile Offices, Inc. in the amount of $29,500.00, and authorizes and directs Supervisor Jean W. Cochran to execute all necessary agreements in relation to a new office trailer for the Southold Town Solid Waste District, all in accordance with bid specifications, and the approval of the Town Attorney. 1 .- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly. ADOPTED. 2.- Moved by Councilman Romanellif seconded by Councilwoman Hussie, it was RESOLVED that the ' Town Board of the Town of Southold hereby authorizes and directs Supervisor 'Jean W. Cochran to sign the 1000 Community Development Block ' Grant .Agreements between the Town of Southold and the County of Suffolk, all in accordance with the approval of the Town Attorney. 2.- Vote of the Town. Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolytion was duly ADOPTED. �Jy SOUTHOLD TOWN BOARD JUNE 8, 1999 1 `8 3.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of . the Town of. . Southold appoint the following 1999 summer staff as follows: LIFEGUARDS John Cassidy (6th year)..................................................... $8.75/hour Ryan Claire (2nd year)....................................................... $7.75/hour Eric Dantes (3rd year)........................................................ $8.00/hour Kim Deppoliti (7th year)...................................................... $9.00/hour Joyce Dumas (3rd year)..................................................... $8.00/hour Amy Endemann (1 st year).................................................. $7.50/hour Caroline Gallagher (5th year).............................................. $8.50/hour Kim Hespos (4th year)......................................................... $8.25/hour Alison Jackson (4th year)................................................... $8.25/hour Marie Kayton (6th year)...................................................... $8.75/hour Kristie Lynch (4th year)...................................................... $8.25/hour Jennifer MacDonald (2nd year).......................................... $7.75/hour Kathryn Magill (2nd year).............•..................................... $7.75/hour Lauren Markowski (2nd year)................................:............. $7.75/hour Lisa Martilotta (3rd year)...................................................... $8.00/hour Sara Meirowitz (2nd year)..................................................... $7.75/hour Jeff Meyer (1 st year)............................................................ $7.50/hour Alyssa Moor (3rd year)......................................................... $8.00/hour Erin Quane (5th year)..................................................... ... $8.50/hour Marybeth Quane (2nd year)................................................. $7.75/hour BEACH ATTENDANTS Kerry Daly (2nd year)......................................................... $6.15/hour Michelle Falco (5th year).................................................... $6.60/hour Cynthia Girards (4th year)................................................. $6.45/hour Brendan Jordan (2nd year)................................................. .$6.15/hour Tara Quane (4th year)....................................................... $6.45/hour Kristin Tuthill (2nd year)...................................................... $6.15/hour WATER SAFETY INSTRUCTORS Kim Gerstung (3rd year)..................................................... $12.75/hour Marie Kayton (3rd year)...................................................... $12.75/hour BEACH MANAGERS Christine Hoehn (1 st year)................................................... $10.00/hour Arthur Quintana (11 th year)................................................. $12.00/hour PLAYGROUND INSTRUCTORS Priscilla Horan (1st year).....................................7................ $8.00/hour Karen Walsh (1 st yea').............:..::....................................... $8.00/hour LIFEGUARD TRAINER Kim Deppoliti (7th year)....................................................... '$12.00/hour .v JUNE 8, 1999 SOUTHOLD TOWN BOARD 3.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 4.- Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby allocates 1/4a Sales Tax for Landfill Capping totalling $47,614.00 for 1999 debt service, plus second payment for 1998 totalling $8,060.00, relating to the Serial Bond issued for the Hydrogeological Investigation at the Town's Cutchogue Landfill; and be it FURTHER RESOLVED that the Town Clerk Elizabeth A. Neville be directed to forward a copy of this resolution to Suffolk County Executive Robert J . Gaffney. 4.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 5.- Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New Suffolk Civic Association to use the following town roads for their fifth annual Independence Day Parade on July 4, 1999 beginning at 11 :00 A.M. : Old Harbor, New Suffolk Road, and Fifth Street, New Suffolk, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an addition insured. 5•- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 6.- Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the • Town ' Board of - the Town of Southold hereby authorizes the closure of Case's Lane, Cutchogue, from 7:00 A.M. to 5:00 P.M., Saturday, July 3, 1999, in the interest of public safety, during the Cutchogue-New Suffolk Historical Council's annual Antique Show and Sale on the Cutchogue Village Green, provided the file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 6.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 7.- Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to execute all necessary agreements to secure the Department of Agriculture and Markets Farmland Protection Implement Grant. This grant is identified by Contract #C800504; the amount of the grant is $492,500.00 and the contract period runs from 4/6/98 - 3/31/2001 . 7..- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 8.- Moved by Councilman Romanelli, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk, _ Elizabeth Neville to advertise in Newsday and the New York Times for :resumes for the position of provisional planner at a salary of $27,000.00 8.- Vote of the Town Board:. I Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, ` Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SOUTHOLD TOWN BOARD JUNE 8, 1999 1`'8 7 9.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby reinstates Terry Crupi to the position of Senior Coordinator on Fishers Island, at a salary of ,$9.17 per hour, effective immediately. 9.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 10.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the use of Town roads Cox's Lane and Case's Lane by the Old House Society and the Cutchogue Fire Department for the "Old House 350th Anniversary Celebration Parade beginning at 9:00 A.M. on Saturday, August 14, 1999, and the closing .of Case's Lane, Cutchogue, for the special events being held on the Green for the remainder of the day and evening, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. 10.-Vote of the Town Board: ' Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. II .-Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold authorizes the use of Boisseau Avenue and Tucker's Lane, Southold, New York by the Southold Village Merchants for their "Home Town Fourth of July Parade" at 12:00 P.M. Noon, Sunday, July 4, 199, provided_,-:they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. 11 .- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 12.- Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Town Clerk Elizabeth A. Neville to advertise for resumes for the position of Part-Time Clerk Typist for the Southold Town Assessors Office. 12•- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 13.- Moved by Councilman Moore, seconded by Justice Evans, WHEREAS, municipal home rule in local planning and land use is highly valued by local governments in New York State; and WHEREAS, the Federal Telecommunications Act of 1996 affirmed the authority of local governments to regulate the placement and construction of wireless telecommunications equipment and facilities; and WHEREAS, local governments should be free to exercise that authority as they do with other local land use determination; and WHEREAS, efforts to restrict home rule in this area are inconsistent with land use policies in New York State; and WHEREAS, legislation has been introduced in the New York State Senate. S/2113. and the New York State Assembly, A.6430, which would preempt local home rule in this area, remove the ability of local governments to set reasonable fees, and remove authority granted in federal laws; and WHEREAS, alternative "Community friendly" legislation has been introduced in the New York ' State Senate; .. S.4782, and the New York Assembly, A.7546, which would affirm local home rule in this area, permit local governments to set reasonable fees,,., and preserve local authority granted in federal laws; and WHEREAS, the siting of wireless communications equipment raises important land use and aesthetic concerns traditionally determined at the local level; now therefore be it 1 ,8: .8 JUNE 8, 1999 SOUTHOLD TOWN BOARD RESOLVED that the Town Board of the Town of Southold strongly opposes S-2113/A.6430, and recommends the defeat of this, or any other legislation, that restricts the authority of local governments to exercise their prerogative over land, use, protect community character and maintain the local decision-making consistent with the long history of New York Law; and be it FURTHER RESOLVED that the Town Board of the Town of Southold strongly support S-4782/A.7546, which affirms the authority of local governments to exercise their prerogative over land use, protects community character and maintains the local decision-making consistent with the long history of New York Law; and be it FURTHER RESOLVED that copies of this resolution be forwarded to our representatives in the New York State Senate and State Assembly, the legislative leaders of each house, the New York State Conference of Mayors, the New York State Association of Counties, the New York State Association of Towns, the Suffolk County Executive, and the Suffolk County Board of Legislators. COUNCILMAN MOORE: This Town back in 1997 spent the better part of a summer drafting a Cell Tower Wireless Communication Ordinance. A lot of work was done by the Code Committee, the Board members, and the public at large. Up in Albany, the powers that be, or some of the powers that be, thought it would be a great idea if Albany passed a Statewide siting law setting forth how high towers could be, where they could be located, and the first Senate bill 2113, and it's companion or counterpart in the Assembly 6430, would take away from the local government, local zoning and let the State make this designation, so this resolution states our opposition to those laws. In the alternative there is a bill up there in both the Senate and the Assembly, the second set of numbers I referred to before, saying, listen if you have already taken the effort of putting a law in place we will grandfather you, we are going to have some suggestions on how siting ought be statewide uniformity, but it recognizes those communities that were out in front. Yea for Southold. We were out in front back in 197, and could grandfather, and not try and usurp and take over a local project, so that is what that resolution is all about. 13.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 14.-Moved by Councilman Moore, seconded by Councilman Murphy, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of May, 1999, a Local Law, entitled "A Local Law in Relation to Street Address Numbers", now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 P.M., Tuesday, June 22, 1999, as the time and place for a public hearing on this Local Law which reads as follows: A Local Law in Relation to Street Address Numbers Be it enacted by the Town Board of the Town of Southold as follows: Chapter 84 STREET ADDRESS NUMBERS § 84-1 Definitions. For the purposes of this chapter,the.following words and phrases shall have the meanings ascribed to them by this section: ' FRONT or FRONTAGE—That side of a lot or parcel of land which abuts or faces the street, or in the case of comer lots or lots having streets on more than one(1)side,the side or boundary of the lot which the main doorway of the building faces,or,in the case of lots served by an access strip or common driveway,`Trontage".shall be where the access or driveway enters the public street. MAP—The map or maps promulgated by the Town Assessor's office for the assigning of street address numbers to all of the parcels in the town required to have such numbers pursuant to this chapter. OWNER—Any person or persons,natural or corporate,who are vested with fee simple title or a life estate to a parcel of land or portion thereof or who are responsible for the care,maintenance and payment of charges or levies of the property. SOUTHOLD TOWN BOARD ' JUNE 8, 1999 1 �8,.9 STREET—Any public.or private right-of-way or thoroughfare utilized for vehicular traffic withing the geographic boundaries of the Town of Southold excepting the incorporated Village of Greenport. § 84-2 Legislative Intent It is the purpose of this chapter to establish a.uniform street numbering system for all land parcels within the Town and to require the posting of such assigned numbers to the exclusion of all others in order to give each land parcel an exclusive and readily locatable address. While it is intended primarily to assure the quick and certain response of police,fire,ambulance and other emergency services to their desired destination,the establishment ofthe uniform numbering system will also assist social,postal and commercial agencies,as well as residents and visitors,who will also be able to ensure that they and their goods and services arrive or are delivered in a prompt and efficient manner. § 84-3 Numbering system established. A. There is hereby established a uniform street address numbering system for all land parcels in the town in accordance with the maps or land records promulgated by and on file with the office cf the Town Building Department. The Director of Code Enforcement or his designee shall keep such records based upon the Suffolk County Tax Map system as directed by the Town Board. The building department shall use a uniform system for the assignment of street numbers to all land parcels within the town and shall correct and update the maps recording such numbers as necessary to keep the numbering system uniform,accurate, and universal. B. Application may be made to the building department to change or modify assigned street numbers due to an error in the original assignment of the number or where there is a conflict or dispute as to the proper number to be assigned to any land parcel for other good cause. Such a application shall be on a form prepared by the Director of Code Enforcement or his designee. The application shall state the reason for the change in numbering and how the new numbering will be consistent with the numbering system in place. The Director of Code Enforcement shall determine the number of such parcel,which decision shall be final. C. In establishing the aforesaid street address numbering system,the building department may also assign names to private roads or rights-of- way providing access to subdivided lands which are unnamed on the Suffolk County Tax.Maps. The department,in uaming such private road or right-of-way,shall take into account the name historically used by the residents,but in no case shall a road name be duplicated in the applicable fire district. Application to change or modify the name of a private road or right-of-way may be made to the building department in the same form and manner as provided in Subsection B.'The naming of the private road or right-of-way by the Director of Code Enforcement or his designee shall not be construed to be an acceptance of said road or right-of-way into the town highway system. § 84-4 Posting of Numbers A. Any owner of an.improved land parcel in the Town of Southold, excluding the-incorporated M111age of Greenpor,for which a street address number has been established on the map pursuant to § 84-3 shall conspicuously post and display said number in the manner set forth in§ 84-5. • ;`7 nO JUNE 8, 1999 SOUTHOLD TOWN BOARD B. For new construction,the street address number shall be posted and displayed within five(5)days of the issuance of a building permit. No certificate of occupancy shall be issued unless and until the street address number is posted and displayed in accordance with the provisions of this chapter. Development applications made to the building department, planning board,zoning board,and town trustees-shall indicate street address numbers. The Planning Board shall require that new subdivisions indicate proposed street address nwi*=as a condition of approval of the final map. The final map shall be referred to the building department to verify the proposed numbering system. C. It shall be unlawful to post or maintain any number on any construction site or completed building other than the street address number designated by the building department pursuant to § 84-3. § 84-5 Display of numbers;style and size A Manner of display. 1. During construction period. The owner of a land parcel for which a building permit has been issued shall have the street address displayed on a sign or post located at the front of the property. 2. Existing and newly completed buildings. The owner of an existing building or newly completed building shall have the street address number.displayed by permanently affixing or painting numerals,letters or script stating the number to the front of the building. Where the building is not close enough to the street or is not readily visible from the street,the street address number shall be permanently affixed to a sign,post or mailbox at the front of the parcel or lot where the building is situate. B. Style and size of numbers. The numerals,letters or script used to display the street address number of the building shall be painted on a plaque or the front of the building or made of metal or other durable material. The numerals,letters or script shall be at least three(3)inches. in height. All street address numbers shall be displayed so as to be easily seen from the-street by both pedestrians and drivers of vehicles. § 84-6 Tax bill;compliance deadline. A. The street address number assigned to a land parcel in the town pursuant to § 84-3 shall be indicated on the property tax bill applicable to said parcel. B. The deadline for compliance with this chapter shall'be January 1,2000. § 84-7 Enforcement This chapter shall be enforced by Any town building inspector;any town code enforcement officer,any peace officer when acting pursuant to his or her special duties,any police officer in the employ of or under contract to the town and any other individual duly authorized by Town Board resolution. § 84-8 Penalties for Offenses Any person violating any of the provisions of this chapter shall be guilty of a violation and,upon conviction thereof,shall be punishable by a fine not exceeding three hundred fifty dollars($350).for each offense or imprisonment . not exceeding fifteen(15)days, or both such fine and imprisonment. SOUTHOLD TOWN BOARD - JUNE 8, 1999 14.-Vote of the Town Board: Ayes: Councilman . Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 15.-Moved by Councilwoman Hussie, seconded by Councilman Moore, WHEREAS, the Town Board of the Town of Southold pursuant to the correspondence dated March 12, 1999, from Elizabeth C. Gallagher, Suffolk County Executive Assistant, requesting an update of real property the Town of Southold, hereby re-submits its original list and desires Suffolk County to acquire the real property in its original list of real property to considered for the 1/4o sales tax revenue, now, therefore, be it RESOLVED that the Town Board of the Town of Southold re-submits its original list of real property as it's final and complete list for acquisition by Suffolk County with the Town 1/4%, revenues as follows: SITE REPUTED OWNER ACREAGE 1000-125-1-6.2;6.3;6.4 Cecil Young 1.97;10.79;11.12 l 000-121-4-9.1 Joseph Macari 63.63 1000-125-1-14 Nofo Associates 31.70 1000-121-5-4.1 Michael Adamowicz 71 1000-121-4-8.2 Kujawski/Rusch 4.2 1000-121-4-8.3 Barbara Kujawski 4.72 1000-121-4-8.4 Marilyn Gatz 4.72 1000-121-5-1.9 Gloria Kretschmer 2.79 15•-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 16.-Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS, Stacy A. and Michael J. Sheppard have proposed a change in zone for property identified as Suffolk County Tax Map #1000-115-9.1 consisting of approximately 1 .2 acres on the corner of the south side of New Suffolk Avenue and the west side of Airway Drive, Mattituck, New York; and WHEREAS, on April 28, 1999, the Town Board of the Town of Southold classified this action as an UNLISTED action pursuant to SEQRA Rules and Regulations set forth in 6 NYCRR 617 et. seq. and Chapter 44 of the Southold Town Code. WHEREAS, the Town Board of the Town of Southold initiated the Lead Agency Coordination Review process pursuant to SEQRA, on April 28, 1999, and receiving no response within the requisite thirty (30) days, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself Lead Agency for the above-described proposed zone change pursuant to SEQRA Rules and Regulations set forth in 6 NYCRR 617 et.seq. and Chapter 44 of the Southold Town Code. 16.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore. This resolution was duly ADOPTED. 17.-Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of H2M, .at a cost of $2,390.00 to perform testing of material from the Scavenger Waste Plant to determine if it would be suitable for disposal at the Cutchogue Landfill. 1 -9 2 JUNE 8, 1999 SOUTHOLD TOWN BOARD 17.Vote of the Town Bo ard: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 18.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Tara Smith to the position of Data Entry Operator from the Suffolk County Civil Service Department Certification of Eligibles at a salary of $23,000 effective June 22, 1999. 18.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 19.-Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Gregory Schweitzer as a Scale Operator at the Southold Town Landfill, at a salary of $27,114.00, effective immediately. 19.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 20.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt, Inc. for furnishing and placing Bituminous Surface Treatment Liquid Asphalt Grades MC-250 and RC-250 ("Oil 8 Sand") within the Town of Southold, as following: Mainland Fishers Island Bituminous Surface Treatment - Liquid Asphalt 50% RC-250 E 500 MC-250 with the screened sand $.90 per sq. yd. $1 .75 per sq. yd. Schim Mix Asphalt Concrete - Type 5 $ 51 .00 per ton $100.00 per ton Fog Coat: Liquid Asphalt 50% RC-250 E 50% MC-250 $ 1 .00 per gal. $ . 1 .00 per gal. 20.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 21 .-Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt, Inc. for furnishing and placing Bituminous Surface Treatment Liquid Asphalt Grade RD-250 and 1A Stone ("Oil 8 Stone") within the Town of Southold, as follows: Mainland Fishers Island Bituminous Surface Treatment - Liquid Asphalt RC-250 & 1A Stone $.97 per sq. yd. $2.00 per sq. yd. Schim Mix Asphalt Concrete - Type 5 $46.00 per ton $49.0'0 per ton Fog Coat: RC-250 Liquid Asphalt $ 1 .00 per gal. $1 .00 per gal. 21 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 22.-Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini 'Asphalt, Inc. for furnishing and placing Bituminous Surface Treatment Liquid: Asphalt ' Grades RD-250 E MC-250 ("Liquid Asphalt") within the Town of Southold, as fol.lows: Mainland Fishers Island $1 .85 per gal. $2.15' per gal. 22.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SOUTH0LLD`-TOWN°A0MW JUNE 8, 1999 1 9-' 3 23•-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of -the Town of Southold hereby accepts the bid of Corazzini Asphalt, Inc. for furnishing and placing Hot Mix Asphalt Concrete Pavement - Type 5 Shim Sand Mix Asphalt within the Town of Southold, as follows: Mainland Fishers Island 0-350 Tons $65.00 per ton $110.00 per ton 350-650 Tons $55.00 per ton $ 75.00 per ton 650-1000 tons $49.00 $ 75.00 per ton Over 1000 tons $49.00 $ 65.00 per ton 23.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 24.-Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt, Inc. for furnishing and placing Hot Mix Asphalt Concert Pavement "Type 6 top" within the Town of Southold, as follows: Mainland Fishers Island 0-350 Tons $57.00 per ton $120.00 per ton 350-650 Tons $50.00 per ton $ 85.00 per ton 650-1000 Tons $45.00 per ton $ 75.00 per ton Over 1000 Tons $45.00 per ton $ 75.00 per ton 24.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 25.-Moved by, Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt, Inc. for furnishing and placement of Bituminous Surface •Treatment - Asphalt Emulsion Grades RD-2 with 1A Stone ("Emulsions E Stone") within the Town of Southold, as follows: Mainland Fishers Island Bituminous Surface Treatment - Asphalt Emulsion Grades RD-2 with 1A Stone $.95 per sq. yd. $1 .90'per sq. yd. Schim Mix Concrete - Type 5 $39.00 per ton $39.00 per ton Fog Cost: Asphalt Emulsion Grade RS-2 $1 .00 per gal. $1 .00 per gal. 25.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 26.- 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 Corazzini Asphalt, Inc. for furnishing and placement of Bituminous Surface Treatment - RC-250 Liquid Asphalt ("Oil & Recycled Stone") with the Town, of Southold, .as follows: Bituminous Surface Treatment - Liquid Asphalt Grade RC250 8 recycled stone. $-75 per sq. yd. Schim Mix Asphalt Concrete - Type 5 $50.00 per ton . Fog cost: RC-250' Liquid Asphalt $1 .00 per gal. 26.- Vote of the Town) Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor:. Cochran. This resolution was duly ADOPTED. l 9. .. JUNE 8, 1999 SOUTHOLD TOWN BOARD 27.-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 Thomas H. Gannon & Sons for the application of Polymer Modified Emulsified Asphalt Pavement ("Type II Micro-Surfacing") within the Town of Southold, all in accordance with the bid specifications, as follows: Type "II" Micro-Surfacing $.84 over sq. yd. Truing E Leveling (Type 5 - Shim) $65.00 per ton 27.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 28.-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 Elizabeth Neville to advertise for resumes for the position of Fishers Island Constable. 28.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 29.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby directs that each and every individual or entity filing a tax grievance contesting their real property assessments for the 19999-2000 tax year are not required to affirmatively complete, as part of the tax grievance procedure, the "Applicant Transactional Disclosure Form" as developed by the Board of Ethics. However, all applicants are still required to comply with the Code of Ethics. However, all applicants are still required to comply with the Code of Ethics of the Town set forth in Chapter 10 of the Town Code, and more specifically, Section 10-18.1 of the Town Code, and fully disclose any conflicts of interest. 29.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 30.-Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby approves the preparation and filing of an application to the New York Department of Environmental Conservation (NYDEC) and the United State Environmental Protection Agency (USEPA) for designation of the Peconic Estuary as a Vessel No Discharge Zone (NDZ) . :The' proposed NDZ includes all waters west of a line running from Montauk Point to Orient Point, and be it further RESOLVED that the Town Board of the Town of Southold intends to include Mattituck Creek Town waters in the Vessel No Discharge Zone (NDZ) conditioned upon the Trustees of the Town of Southold's approval of the same; and be it further RESOLVED that the Peconic Baykeeper is hereby requested and authorized to assist the -Town in the preparation and filing of said application. 30.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 31 .-Moved by Councilman Romanelli, ,seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby appoint Gregory Schweitzer to the position of .Scale Operator at the Southold Town Landfill, at a salary of .$13.41 per hour, effective immediately. 31 .-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: We are going to stop for the public hearings. May I have a motion to recess for the, hearing, in relation to fishing permits? SOUTHOLD'TOWN`BOARD JUNE 8, 1999 ' ':9 .5 Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that a recess be called at this time, 5:00 P. M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Reconvened at 5:50 P.M. SUPERVISOR COCHRAN: We have three resolutions to act on. 32.-Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 25th day of May, 1999, "A Local Law in Relation to Night Fishing Permits, Chapter 92 of the Code of the Town of Southold"; and WHEREAS, a public hearing was held on this Local Law on the 8th day of June, 1999, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 4 - 1999 A Local Law in Relation to Amending Certain Sections of Chapter 92, Entitled Vehicles and Traffic of the Code of the Town of Southold to add a Night Fishing Permit. BE IT ENACTED, by the Town Board of the Town of Southold as follows: Section 1: Chapter 92 (Vehicles and Traffic) of the Town Code of the Town of Southold is hereby amended to :add :a new subsection following Section 92-42 (B) to known as Section 92-42 (C) as follows: 92-42 (C) Night Fishing Permit (1) Purpose - For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters . within the Town of Southold when such parking access is normally closed (10:00 p.m. - 6:00 a.m.) the following exception to Section 92-42 A & B is hereby created: (2) Night Fishing Permit -A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident parking permit or lease parking permit. (3) Any motor vehicle having a night fishing permit shall be deemed not to be in violation of Sections 92-42 A & B where both the night fishing permit and the resident or lease parking permit are properly displayed. (4) The following rules and regulations apply: At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by Section 92-42 A &B, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. Fees: There shall be no annual fee for this permit. Duration of permits: all annual night fishing permits provided for in this section shall expire on December 31st of the year issued. 1 .7 6 JUNE 8, 1999 SOUTHOLD TOWN BOARD (5) Other regulations: Persons using parking areas pursuant to the provisions of this.section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto. Section 2: Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the, validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 3: This Local Law shall take effect upon filing with the Secretary of State. 32.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 33.- Moved by Councilman Romanelli, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 25th day of May, 1999, "A Local Law Entitled Extension of the Town of Southold Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property along the Route 48 Corridor in the Town of Southold"; and WHEREAS, a public hearing was held on this Local Law on the 8th day of June, 1999, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 5 - 1999 Ninety Day Extension of the Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along The Route 48 Corridor in the Town of Southold. BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE The Town Board of the Town of Southold adopted Local Law No. 15- 1998 establishing a nine (9) month temporary moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along The Route 48 Corridor in the Town of Southold from the Riverhead/Southold Town line on county Route 48 extending east to the .intersection of Route 48 and Route 25. Local Law No. 15-1998 became effective on September 8, 1998 and expires on June 9, 1999. In addition, the Town Board of the Town of Southold adopted Local Law No. 18-1998 establishing a nine (9) month temporary moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along the area from the- intersection of Route 48 and Route 25 extending east to the intersection of Route 25 and Manhasset Avenue in Greenport. Local Law No. 18-1998 became effective on October 22, 1998 and is set to expire on July 22, 1999. . The moratorium was designed to allow time to review the existing business and industrial zoning and implement land usecontrols to. protect the character of the Route 48' Corridor.'specifically and the Town of Southold in general. After the, enactment,-of the temporary moratorium the Town Board retained the services of Cramer Consulting Group ("CCG") which specializes in "Complete Land Use Services- Including Planning, Design and Environmental" for consulting services to make recommendations as to any necessary and appropriate changes to the future. land use patterns along Route 48. CCG was SOUTHOLD TOWN--BOARD . JUNE 8, 1999 1. 9..7 retained to undertake a detailed investigation of the commercial and industrial zoning along the Route 48 corridor. The goal-of the investigations was to establish a set of land use recommendations to protect and preserve the integrity of the Route 48 character while maintaining the economic viability of the entire region. Such recommendations are to be based on detailed analysis and documentation. The scope of services to be provided by CCG include a review of existing plans and studies for relevance to the Route 48 Corridor; conducting a detailed inventory through the use of existing maps, aerial photography and field visits. The inventory will include, but not be limited to, physical setting, existing land use on and/or surrounding the site, potential land uses, habitats, cultural resources, views and vistas, zoning, as appropriate; and the preparation of an Implementation Plan that summarizes the previous plan and provides general recommendations for geographic areas along the Route 48 corridor. The implementation plan will include such information as existing settings, potential impacts and alternatives. In addition to the implementation plan CCG will provide a series of site specific recommendations developed and based on the implementation plan. These site specific recommendations will include appropriate maps, property owner information, mailings. and other relevant information so that the Town Board,work set public hearings and consider site- specific recommendations. CCG's includes a review of the Town Code of the Town of Southold including suggested revisions necessary to achieve the goals of the implementation plan including outlines of new draft codes for the Town Board's consideration. CCG's job also includes SEAR compliance with respect to both the Implementation Plan and the-Site Specific recommendations. CCG submitted the proposed Implementation Plan ("Route 48 Study") to the Town Board on April 20, 1999. The Town Board classified the Route 48 Study as a Type I action pursuant to SEAR and declared itself a "Lead Agency". CCG prepared a Draft Generic Environmental Impact Study (("DGEIS") which was accepted by the Town Board. A SEAR public hearing on the DGEIS was held on May 6, 1999 and the written comment period ended on May 20, 1999. The comments received at the public hearing and the written comments are currently being reviewed by CCG. The reason an extension of the Route 48 moratorium is necessary is that while, as set forth above, extensive work and planning has already taken place, additional time is needed to complete the SEQR process as to the Route 48 Study. Further, after the SEAR process is complete and the Route 48 Study, with any revisions stemming from either general, public input or from the SEQR process, is adopted by the Town Board, CCG will be submitting site specific recommendations developed and based on the Route 48 study as well as proposing changes to the Town Code of the Town of Southold. The Town Board will need both time to consider any site specific recommendations and/or Town Code revisions and time to act on those recommendations it considers appropriate. Due to the economic and development pressures in the Town of Southold and specifically along the Route 48 Corridor the goals and purposes of the temporary moratorium as set forth in the Local Law# 15-1998 and Local Law # 18-1998 will be jeopardized if the temporary moratorium is not extended. Section 2. ENACTMENT OF TEMPORARY MORATORIUM Until ninety (90) days from the effective date of this Local Law, after which this Local Law shall lapse and be without further force and effect and subject to anv other Local,Law adopted by the Town Board during said ninety (90) day period, no agency, board, board officer or employee of the Town of Southold including, but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees, the Planning Board., or the Building Inspector(s) issuing any building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any approval, special exception, variance, site plan, building permit, subdivision, or permit for any of the following property uses listed in the following sections of the Town Code within the following zoning districts which are located in the Route 48 corridor: 100-61(8) 1 JUNE 8, 1999 SOUTHOLD TOWN BOARD and (C) governing the Resort Residential District; 100-71(B) and ((;) governing the Residential Office District; 100-81(A)(2), (3) and (B) and (C) governing the Limited Business District; 100-101(A)(1) through (11) and (B) and (C) governing the General Business District; 100-1.30(A)(3) through (16) and (B) and (C) governing the Light Industrial Park/Planned Office Park District and 100-141 (A) (3) -(15) and (B) and (C) governing the.Light Industrial District. Section 3. DEFINITION OF "ROUTE 48 CORRIDOR" The "Route 48 Corridor" is hereby defined and identified as follows: from a point beginning at the Riverhead/Southold Town Line on Sound Avenue East along Sound Avenue continuing East along County Route 48 to a point ending at the intersection of Route 48 and Route 25. The "Route 48 Corridor" shall extend one'thousand feet (1000') north and one.thousand feet (1000') south respectively from the north road edge and the south edge of Sound Avenue and County Road 48. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) any person or entity who has, prior to the effective date of this Local Law, obtained all permits required for construction of a building on any property located in the Route 48 corridor including later applications to repair or alter, but not enlarge, any such building otherwise prohibited during the period of this temporary moratorium; and 2) parcel(s) of land currently improved with a building or buildings so long as the application is not: a) seeking, in whole or part, a change in the use of the land, premises or buildings; and'b) and so long as the application does.not require any applications to, or approvals, special exceptions, variances from, the Zoning Board of Appeals of the Town of Southold. Section 5. AUTHORITY TO SUPERSEDE To-the extent and degree any provisions of this Local Law are construed as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and 276 this Local Law is intended pursuant to Municipal Home Rule Law Sections 10(1.)(ii)(d)(3) and section 22 to supersede any said inconsistent authority. Section 6. VARIANCE TO THIS,MORATORIUM Any person or.entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b(2)(b) by reason of the enactment and continuance of this moratorium may apply to the Zoning Board of Appeals for a variance excepting the person's or'entity's premises or a portion thereof from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of the Southold Town Code applicable to such use or construction. Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not impair or'invalidate the remainder of this Local Law. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State and shall expire and be deemed repealed ninety (90) days from the date of filing. SOUTHOLD TOWN' OARD JUNE 8, 1999 33.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 34.-Moved by Councilman Romanelli, seconded by Councilman Murphy, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 25th day of May, 1999, "A Local Law Entitled Extension of the Town of Southold Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property along the Route 25 Corridor from the Intersection SR 25 and CR 48 East to the Intersection of SR 25 and Manhanset Avenue in the Town of Southold" and WHEREAS, a public hearing was held on this Local Law on the 8th day of June, 1999, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 6 - 1999 Ninety Day Extension of the Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along the Route 25 Corridor from the intersection of Route 48 and Route 25 extending east to the intersection of Route 25 and Manhanset Avenue in the � Town of Southold BE IT ENACTED BY, the Town Board of the 'Town of Southold as follows: Section 1. PURPOSE The Town Board of the Town of Southold adopted Local Law No. 18-1998 establishing a nine(9) month temporary moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along the area from the.intersection of Route 48 and Route 25 extending east to the intersection of Route 25.and Manhanset Avenue in Greenport. Local Law No. 18-1998 became effective on October 22, 1998 and is set to expire on July 22, 1999. In addition, the Town Board of the Town of Southold adopted Local Law No. 15-1998 establishing a nine (9) month temporary moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along The Route 48 Corridor in the Town of Southold from the Riverhead/Southold Town line on county Route 48 extending east to the intersection of Route 48 and Route 25. Local Law No. 15- 1998 became effective on September 8, 1998 and expires on June 9, 1999. The moratorium was designed to allow time to review the existing business and industrial zoning and implement land use controls to protect the character of the Route 48 Corridor specifically and the Town of Southold in general. After the enactment of the temporary moratorium the Town Board retained the services of Cramer Consulting Group ("CCG') which specializes in "Complete Land Use Services- Including Planning, Design and Environmental" for consulting services to make recommendations as to any necessary and appropriate changes to the future land use patterns along Route 48. CCG was retained to undertake a detailed investigation of the commercial and industrial zoning along the Route 48 corridor. The goal of the investigations was to establish a set of land use recommendations to protect and preserve the integrity of the Route 48 character while maintaining the economic viability of the entire region. Such recommendations are to be based on detailed analysis and documentation. The scope of services to be provided by CCG include a review of existing plans and studies for relevance to the Route 48 Corridor; conducting a detailed inventory through the use of existing maps, aerial photography and field visits. The inventory will include, but not be limited to, physical setting, existing land use on and/or surrounding the site, potential land uses, habitats, cultural resources, views and vistas, zoning, as appropriate; and the preparation of an Implementation Plan that summarizes the'previous plan and provides general recommendations for geographic areas along the Route 48 corridor. The implementation plan will include such information as existing settings, potential impacts and alternatives. In addition to the implementation plan CCG will provide a series of site specific recommendations developed and based on the implementation plan. These site specific recommendations will include appropriate maps, property owner information, mailings and other relevant information so that the Town Board may set public hearings and consider site-specific recommendations. CCG's work includes a review of the Town Cods of the Town df Southold including suggested revisions necessary to achieve the goals of the implementation plan including outlines,of new draft codes for the Town Board's consideration. CCG's job also includes SEQR compliance with respect to both the Implementation Plan and the Site Specific recommendations. . 2 'O Q JUNE 8, 1999 SOUTHOLD TOWN BOARD CCG submitted the proposed Implementation Plan ("Route 48 Study") to the Town Board on April 20, 1999. The Town Board classified the Route 48 Study as a Type I action pursuant to SEQR and declared itself a"Lead Agency". CCG prepared a Draft Generic Environmental Impact Study(("DGEIS")which was accepted by the Town Board. A SEQR public hearing on the DGEIS was held on May 6, 1999 and the written comment period ended on May 20, 1999. The comments received at the public hearing and the written comments are currently being reviewed by CCG. The reason an extension of the Route 48 moratorium is necessary is that while, as set forth above, extensive work and planning has already taken place, additional time is needed to complete the SEQR process as to the Route 48 Study. Further, after the SEQR process is complete and the Route 48 Study, with any revisions stemming from either general public input or from the SEQR process, is adopted by the Town Board, CCG will be submitting site specific recommendations developed and based on the Route 48 study as well as proposing changes to the Town Code of the Town of Southold. The Town Board will need both time to consider any site specific recommendations and/or Town Code revisions and time to act-on those recommendations-it considers appropriate. Due to the economic and development pressures in the Town of Southold and specifically along the Route 48 Corridor the goals and purposes of the temporary moratorium as set forth in the Local Law # 15-1998 and Local Law # 18-1998 will be jeopardized if the temporary moratorium is not extended. Section 2. ENACTMENT OF TEMPORARY MORATORIUM Until Ninety (90) days from the effective'date of this Local Law, after which this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during said ninety (90) day period, no agency, board, board officer or employee of the Town of Southold including, but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees, the Planning Board, or the Building Inspector(s) issuing any .building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any approval, special exception, variance, site plan, building permit, subdivision, or permit for any of the following property uses listed in the following sections of the Town Code within the following zoning districts which are located in the Route 48 corridor: 100-61(B) and (C) governing the Resort Residential District; 100-71(B) and (C) governing the Residential Office District; 100-81(A)(2), (3) and (B) and (C) governing the Limited Business District; 100-101(A)(1) through (11) and (B) and (C) governing the General Business District; 100-130(A)(3) through (16) and (B) and (C) governing the Light Industrial Park/Planned Office Park District and 100-141 (A) (3) -(15) and (B) and (C) governing the Light Industrial District. Section 3. DEFINITION OF THE ROUTE 25 CORRIDOR FROM THE INTERSECTION OF SR 25 AND CR 48 EAST TO THE INTERSECTION OF SR 25 AND MANHASSET AVE. IN THE TOWN OF SOUTHOLD ("THE CORRIDOR"). The Corridor is hereby defined and identified as follows: from a point beginning at the intersection of SR 25 and CR 48 East to a point ending at the Intersection of SR 25 and Manhanset Ave. in the Town of Southold. The"Corridor" shall extend one thousand feet (1000') north and one thousand feet (1000'):south respectively from the north road edge and the south edge of State Road,25. Section 4. EXCLUSIONS This Local Law shall not apply to; , 1) any person or entity who has, prior to the effective date of this Local Law, obtained all permits required for construction of a building on any properly located in the Route 48 corridor including later applications to repair or.alter, but not enlarge, any such building otherwise prohibited,during the period of this temporary moratorium; and SOUTHOID TOWNBOARD JUNE 8, 1999 2 io 2) parcel(s) of land currently improved with a building' or buildings so long as the application is not: a) seeking, in whole or part, a change in the use of the land, premises or buildings; and b), and so long as the application does not require any applications to, or approvals, special exceptions, variances from, the Zoning Board of Appeals of the Town of Southold. Section 5. AUTHORITY TO SUPERSEDE To the extent and degree any provisions of this Local Law are construed as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267- b, 274-a, 274-b, and 276 this Local Law is intended pursuant to Municipal Home Rule Law Sections 10(1)(ii)(d)(3) and section 22 to supersede any said inconsistent authority. Section 6. VARIANCE TO THIS MORATORIUM Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b(2)(b) by reason of the enactment and continuance of this moratorium may apply to the Zoning Board of Appeals for a variance excepting the person's or entity's premises or a portion thereof from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of the Southold Town Code applicable to such use or construction. Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction'to:be invalid, the judgment shall not impair or invalidate the remainder of this Local Law. Section 8. EFFECTIVE DATE This Local Law shall take effect on July 22, 1999 and shall expire and be deemed repealed ninety (90) days from its effective date. 34.-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 point is there anyone that would like to address the Town Board on any Town business? DICK LESSER: Dick Lesser, Creenport. This is a reiteration of the Home Occupation Law 100-31-31C.2A. I would like to have it rescinded, because first of all the first part of that law is not enforceable, and it is not being enforced. The second part, it would enable me to conduct a business if it was rescinded. Thank you. SUPERVISOR COCHRAN: Sir, that will be going to the Code Committee, and we will notify you, so you can come and give input at the meeting. Mr. Moore will notify you. Anyone else like to address the Town 'Board? CHRISTINE MALONE: My name is Christine Malone from Mattituck. I don't know the proper forum. CATHIE EVERETT: My name is Cathie Everett from Mattituck. It is kind of a dual venture. We need to know the explanation of the Code as to a business that could be run in a residential area. There is someone in our neighborhood running, a business out-of his home. We were told by different people, he can do this, he can't. do that, and. we need to know straight out what he can do, and,' what , he, can't do. It.. is important for you to realize that he does have a 'legal building permit to construct 18 foot high, I am not exactly sure how many feet wide or long, building to enclose all of these commercial vehicles, and paraphernalia that he runs the business with. Hovyever, is he allowed to keep these on the grounds? `0 2 JUNE 8, 1999 SOUTHOLD TOWN BOARD SUPERVISOR COCHRAN: There is always specifics. There is always different facts, and figures. Would you please make an appointment with our Town Attorney, and he will explain everything to you, fair, honest, open, but everything that he possibly can to answer your questions. So call Town Hall tomorrow, and ask. for Mr. Yakaboski. Anyone else like to address the Board? THOR HANSON: I am Thor Hanson. I am President of Southold Citizen's for Safe Roads. I wanted to just remind everybody that we are in the fifth year of high speed gambling ferry operations without which the Planning Board, and we as well, I think the Town Board agrees require a new site plan, and we have asking for some while what is being done about it. I am not here for that so much. I talked to the Planning Board, we talked to the Planning Board about a month ago, and we were assured that steps are being taken to try to bring this constitutional issue, in fact, we understand that the Town Attorney, outside attorney, has submitted a motion on this constitutional issue. We have not been given a copy of it, so we don't know what it says, but we do understand that has happened. I would just say that is preliminary however. I am really here, not to talk about something that is in litigation, because I know it is tough for you all to talk about an issue, that is in litigation, but I do want to talk about the present site plan, the '84 site plan, that is very much not in litigation as far as I know, and which it is our opinion that the Town is allowing on a day to day basis to be violated by the ferry, and not doing anything much about it. I want to mention a few of the points. The first one has to do with the parking on- Route 25 extension. When you turn the corner and head south of Route 25, and along the sides of that road cars are parked, we believe to beyond the limits of posting, which say two hours. They are allowed to stay there for a very long time. That is the first point. On Memorial Day weekend out here there were cars parked all the way up to the park on Route 25 before the turn, so there still is a lot of parking going on out there. Two other points on the parking, at the end of Route 25 heading south, down closer to the beach, there are spaces facing south. They are not really spaces. It is State property there, that the ferry allows cars to park for days. You will see them sitting there, and they go off across the way, and come back. Now, that is not supposed to be. SUPERVISOR COCHRAN: What side is that exactly? Give me the location again. THOR HANSON: This is at the end of Route 25 after it turns right head south. You get right to the end. Down there near where the ferries come in, along the extension of Route 25, cars are parked all the time, for long periods of time. It was our understanding what that property is for, it is State property, it is supposed to be used for local people who want to go down there, and wait to pick up people coming off the ferry. It is also to be used for local people, who would like to go down and park there for bit, and walk on the beach. That is what it is supposed to be for, or for tourists who come out, and want to see that park at the end of Route 25 out here, but is being used by the ferry all the time for long term parking. That is the second. Then the snack bar lot itself, I think as you know, that is supposed to be that whole lot is called the snack bar lot, which is to the east of Route 25 extension. That supposedly on the site plan is supposed to be two hour snack bar parking. That is being used for days, long term parking, and it is our opinion. I notice that the Town is not doing much about anything. We would like to ask you to look into sending out and ticketing those cars, if they are there for more than two hours. You can establish that with chalk mark, and tow them away if they don't leave. Just tow them away., and get some attention, because this has been going on now for the past .five years or so. The other one, which is a very major point is that site plan, that was approved in 184, when the new terminal was built, requires cars to enter the ferry, to load on the ferry from the parking aprons there, for the loading. That is being done, but it also requires that exiting cars coming off the ferry are supposed to come out on that road that the ferry. had to build along side the ferry headquarters there to the west of Route 25 and parallel through 25 there is a road there. They are supposed 'Ao exit on that road, not on Route 25. The ferry shunts them over, and sends them out Route 25. Been doing that for a long time, not : in just this ' government's time, but they have been SOUTHOLD TOWN'BOARD JUNE 8, 1999 2 F 3 doing that, and not being told that they , should exit on the road that they were told to build, and they did that: We liked that. We liked the town to go out' and tell the ferry they arF supposed use. .it is dangerous to come Route 2 because cars are coming in to try and pick people up, and there cars are parking along there anyway, and that shouldn't be allowed because it is a dangerous thing. We would ask that the Town look into telling the ferry, enforcing the fact that they are supposed to use their site plan to come out the way it is written. Finally, a couple of points, there is a building, the old building that was, I think was the ticketing office back before down by where the high speed ferry, the gambler boat, unloads, or in loads, right on the waterfront essentially. In that site plan, 184 site plan, that building was supposed to be torn down, because the ticketing office is the one they use now, the big one. Well, interestingly enough it wasn't torn down. It has been there a long time, but it was also, we noticed last year, was refurbished externally, and don't that they had a building permit to do that. They may have. But, they .refurbished the outside, and that makes you wonder, why did they do that?' It is supposed to be torn down. We start guessing, well, maybe they are cleaning it out for a ticketing office for their high speed boat, or the gambler boat. Who knows? But, that has happened. I would think the Town should be interested in why that was refurbished externally, and what they may be thinking about, so that you don't get another preexisting nonconforming operation going on, because they keep talking about some other things. The very final one is, I think we all know that the ferry has dumped a lot of dredged spoils, not recently, been there quite awhile, on what is called the trust property, which is to the east :of the snack bar lot, and the ferry owns, it is the one they asked to change into a parking lot, but they illegally, in our opinion, dumped a lot of spoils on there, and I don't think the Town allows, in general spoils to :be:- dumped on residential property, that is zoned residential. So what 'I am `here to do on behalf of SSR is just ask you to take these under consideration, talk your legal people, talk to your Planning Board, whoever you do, Building Department, and if I am right in these assumptions, have the police go out and start enforcing. I guess underneath all of that is a question that I think is certainly interesting to us, and I think to the whole town, is what the Town Board, what does this Town Board really envision as the future out there? What do you see? How do you want it to come out this problem about the high speed boat, ferry and all of that? I just don't know what, it never has been clear to me, what the vision of this Board is for that. Thank you. SUPERVISOR COCHRAN: Thank you, Thor. Anyone else like to address the Town Board on any Town Board business? JOHN RAUSH: I knew that the ferry situation was alive and well, although I didn't know it would be discussed today. One of the things that makes Southold great is that while we grapple with these problems we are still able to make fishing space available for the residents, and the people, because that is all part of the town, too. I just have one question in listening to Thor, and we have an attorney on the Board, and we have the Town Attorney present. SUPERVISOR COCHRAN: We have two attorneys on the Board. JOHN RAUSH: You have two attorneys on the Board. You are right. I beg your pardon. Do we not face the possibility of a claim of adverse possession if they are all over the place, where they shouldn't be, and we take no action against them. Perhaps we don't because it is not applicable in this case, or because there is litigation going on, but could you explain that? t COUNCILMAN MOORE: As against the Town do you mean? JOHN RAUSH: Claiming that the land has been used the way they want to, and now it is granted by a claim of adverse possession. I believe that if you occupy another person's land long enough. COUNCILMAN - MOORE: I am just not sure I understand your question, John. If you are claiming that just the constant use of a piece property illegally, as opposed to using a piece sof property to cross over a State road, you can't adversely possess against a municipality. i ;2 JUNE 8, 1999 SOUTHOLD TOWN BOARD. JOHN RAUSCH: They will not stay on their property. COUNCILMAN MOORE: They own their own property. The question then becomes enforcement, non-enforcement, site plan, non-site plan. They say, hey, you let me do this on my property, never stopped me. JOHN ROONEY: John Rooney, again, Southold. I question the Town Board that there is a movement afoot that I am just wondering to what extent it might be appropriate for the Town to look into this. To get to the point, there is a movement afoot to create a Long Island agricultural market of some kind, where Long Island farmers, because it is apropos of the discussion we have been having in order to keep farming as viable as possible, and is the Town involved with Assemblywoman Acampora, Senator Lavalle, or any people involved in this, to develop legislation that could help create some kind of an agricultural market here on Long Island. know they are being located physically further west. Probably that is practical, because that is where most is. But, this would be a way of promoting the purchase of Long Island agricultural produces by businesses on Long Island. It would make the marketing a lot easier rather than having to go all the way into the Bronx, and it could create a very viable Long Island environment, and okay, you get the point. I think it would be of a benefit, and is the Town involved in that, or if not would that be a good idea Ao get involved. SUPERVISOR COCHRAN: We are not involved at this time. We haven't heard from Assemblywoman Acampora or Lavalle. I know through Gaffney's office there are markets that have developed through his environmental division. I thought they are just markets that are placed. George Praus is the person that has been working on that. I am not familiar with the regional market, that they might be working on but I certainly will find out. JOHN ROONEY: I saw an article. I didn't realize I would get a chance to talk about, so I don't have the legislation. COUNCILMAN MOORE: I saw the same article you did. JOHN ROONEY: So, if you can look into that, that would be good. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? JACK WILLIAMS: Jack Williams from East Marion. Less than two years ago in lieu of a political campaign the Town Board and the Planning Board initiated a planned activity for $150,000, that was supported by $75,000 of our tax money, and $75,000 from the Suffolk County Water Authority. That planning activity went forward, and in, I believe, March, when the snows were still on the ground Steve Jones, who is the Director of Planning for Suffolk County came out here and held a press conference, and verbally announced the results of that study. Some weeks later the written study was filed here in Town Hall, and I as an interested citizen went to find out where it was. It is not in . any of the libraries, and in the absence of $18.00, which is what it cost, the only place that I could see to read it was in sort of a cubby in the back of the Planning Board Office, where the lady was nice enough to accommodate me, and I read some of it. Now, that is quite a report, and it is quite professional. It contains not only old news, which is basically what the Kramer report has, which is the condensement of all studies., but it has new data, and it also has new, and it is something which the Town of Southold should have a chance to really look at in some depth. Now, some will say that it not yet time because it would be confused with the Kramer report, 'but I say that it is one town, and whether it is waterfront, or. agriculture, or downtown business, it is all part of the town, and I think our residents are sophisticated enough to be able to tell the difference between one report, and another, and I would hope that it would be- possible to have such a report out. Mr. Grathwohl was talking about, you know, getting better communication, and I know that Steve Jones about a month ago wrote a letter to the Town Board offering to put together a brochure of some sort, which would 'explain in somewhat simplified terms what it was that he had proposed, anti what he based that on, and thus far'' nothing has happened. So, what I wanted to do tonight was to volunteer that if you would like to print and' publish a brochure on the Jones report the Southold Democratic Committee would be delighted .to pay for it. SOUTHOLD TOWN'BOARD JUNE 8, 1999 2 0 .5 SUPERVISOR COCHRAN: Thank you, sir. Mr. Jones has not been turned down. The report is still with the " Planning Board. I have not seen it myself. All I know is what when Mr. Jones did the presentation here, and as it moves through the process we will be getting it, and you will have every opportunity for input and discussion. Anyone else like to address the Town Board? (No response.) If not, I will entertain a motion to adjourn. Thank you for joining us. Elizabeth A. Neville Southold Town Clerk