HomeMy WebLinkAboutTB-12/07/1993 28
SOUTHOLD TOWN BOARD
DECEMBER 7, 1993
EXECUTIVE SESSION
9:10 A.M. - On motion of Supervisor Harris, seconded by Councilwoman Hussie, it
was Resolved that the Town Board enter into Executive Session. Vote of the Board:"
'Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham,
Councilman Lizewski,, Councilwoman Hussie. Also present: Town Clerk Terry,
Assistant Town Attorney Kiernan, Councilwoman-Elect. Oliva.---The Board met with
Special Counsel Frank Isler to discuss the settlement proposal in the matter of the
DEC v. Southold (Administrative enforcement proceeding) .
WORK SESSION
10:00 A.M. - Community Development Administrator and Senior Planner Valerie
Scopaz (along with Stewardship Task Force Transportation Subcommittee members
Neb Brasich, Robert Bayley, Victor Brown, Margaret Brown who worked on the
proposal) met with the Town Board to explain, in detail, the two proposed grant
applications to the New York State ISTEA Transportation Enhancement Program.
Application .1 . Souithold Town Recreation Trails. Application 2. Southold Town
Stormwater Runoff Mitigation Program. Councilman Penny asked that more emphasis
be placed on correcting runoff into freshwater ponds. Councilman Wickham asked
that clarification should be made to specify - first: design and prioritization, and
second: implementation. Taking those items into consideration, authorization .
(resolution no. 17) was given for the Supervisor to execute the applications.
11 :15 A.M. - For Discussion Items: (1) Discussion relative to removing all fees
in the Zoning Code , so they can be set by resolution when changed. A review
determined that there are 25 separate sections which specifically describe
requirements and set fees". Assistant Town Attorney Kiernan advised that the
deletion of the fees can be done, but someone would be required to keep an
accurate, up-to-date listing of the fees at all time to be provided to the public along
with the Zoning Code, or along with an application for a Building Permit, The
Board agreed to study the proposal further. (2) Reappointment of individuals to
the Southold Town Youth Board (see resolution no. 18) . There are two vacancies
under the adult resident hamlet representative category, and the Board placed a
resolution (no. 19) on the agenda to advertise :to fill those vacancies. (3) Justice
Edwards updated the. Board on the Fishers Island Wastewater Disposal System. (4)
Proposal from Cashin Associates, P.C. for additional funding to cover additional
work on the Town of Southold Local Waterfront Revitalization Plan (see resolution
no. .20) . (5) Councilwoman Hussie advised the Board that the Town is about to
receive the garbage ';bags with "the Town logo, and ask that consideration be given
to imposing a cut-off date for use of non-imprinted bags. It was agreed that this
would be looked at after the first of the year to determine how many non-imprinted
bags are in circulation. Assistant Town Attorney Kiernan said he will prepare a
Local Law to update: the Code to specify that the bags must have the Town logo.
(6) Appointment' of a part-time Clerk Typist for the Recreation Department (see
resolution no. 21) . ; (7) Set date to interview applications for Conservation
Advisory Council - December 15Lh, beginning at 4:00 P.M. (8) Appointment of an
Aide for the After School Activity Program was discussed in Executive Session at
12:10 P.M.," and resolution no. 22 was placed on the agenda.
DECEMBER 7, 1993 29 ,
EXECUTIVE SESSION ,
12:10 P.M. - On motion of Councilwoman Hussie, seconded by Councilman Lizewski,
it was Resolved that the Town Board enter into Executive Session to discuss
personnel. Vote of j the Board: - Ayes: Supervisor Harris, Justice Edwards,
Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie.
Also present: Town Clerk Terry, Assistant Town Attorney Kiernan, Councilwoman-
Elect Oliva.
12:20 P.M. - Public Safety Dispatcher III John Raynor. met with the Town Board to
discuss the backup emergency radio purchased for Police Headquarters to enable them
to communicate with Fishers Island. Northeast. Utility contributed to the purchase
of the radio. Justice' Edwards said there' is-Istill $400.00 left in the Civil Defense
budget which can be : used toward the purchase of an antenna and cable.---There..
was a brief discussion with regard to the Fishers Island 911 system.
12:40 P.M. - Recess for lunch.
EXECUTIVE SESSION
2:10 P.M. - On motion of Justice Edwards, seconded by Councilwoman Hussie, it
.was Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, .Councilman Wickham,
Councilman Lizewski,; Councilwoman Hussie. Also present: Town Clerk Terry,
Assistant Town Attorney Kiernan, Councilwoman-Elect Oliva.--The Board- discussed
litigation and personnel. As a .result of the personnel discussion, the board placed
resolution no. 23 on the agenda to authorize a contract with Police Chief Droskoski,
and resolution no. 24 :to appoint Henry P. Smith to the Planning Board.
2:45 P.M. - Work Session reconvened and the Town Board discussed the recent bid
for supplying police] department uniform clothing to the Town for 1994. Standard
Law Enforcement Supply Co. questioned certain aspects of the bid, .but after
reviewing the specifications with Assistant Town Attorney Kiernan, Chief of Police
Droskoski reaffirmed: his choice of the lowest bidder, Charles Greenblatt; Inc.,
notified the Town Clerk and resolution no. 13 had been placed on the agenda.---
Board discussed the change of zone petition of Reynold E Herman Blum, Route 25,
Cutchogue, and agreed to place a resolution (no. 25) on the agenda to grant the
change.---Discussed the Jem Realty Co. (Jem Commons, Greenport) change of zone
petition, and the Emanuel Kontokosta (Southold Commons, Southold) change of zone
petition. Assistant Town Attorney Kiernan submitted the .current Declaration of
Covenants and Restrictions for each parcel that he recently received from Mr.
Kontokosta's attorney: On each petition Supervisor Harris determined he had four
(4) :affirmative votes. - Justice Edwards, Councilman Penny, Councilman Lizewski,
and himself, therefore, directed' that resolutions no. 26 and 27 be placed on the
agenda to grant the 'changes. Councilman Lizewski said he was still uncertain about
the Southold Commons petition, but would make a decision before the state of the
4:00 P.M. meeting.---Supervisor Harris wished to hold a discussion with regard to
the Landfill: Transfer station, Solid .Waste Management Update; Yard Waste
Composting; Bid Specifications for long-term hauling of garbage. Due to the
lateness of the hour,, it was agreed to hold a separate work session to discuss these
items on December 14;, 1993.
3:35 P.M. Town Board reviewed the resolutions to -be voted on at the 4:00 P.M.
Regular Meeting.
3:45 P.M. .- Work Session adjourned.
30 _
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on December 7, 1993,
at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris
opened the meetingiat 4:00 P.M. , .with the Pledge of Allegiance to the Flag.
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
'Councilwoman Alice J . Hussie
Town Clerk Judith T. Terry
Assistant Town Attorney Matthew G. Kiernan
SUPERV!SOR HARRIS: I need a motion to approve the bills of December 7, 1993.
Moved by Justice Edwards, seconded by Councilwoman Hussie, it was
RESOLVED that the; following bills be and hereby ordered paid: General Fund Whole
Town bills in the amount of $118,704.86; General Fund Part Town bills in the amount
of $290,690.18; SNAP Program bills in the amount of $91 .82; Community Development
Fund bills in the amount of $32,678.74; Highway Fund Whole Town bills in the amount
of $7,892.46; Highway Fund Part Town bills in the amount of $8,271 .14; CHIPS
(Highway Part Town) bills in the amount of $47,010.50; Yard Waste Compost Capital
bills in the amount of $3,545.54; Employee Health Benefit Plan bills in the amount
of $5,741 .71 ; Fishers Island Ferry District bills in the amount of $7,990.15; Southold
Wastewater District ibills in the amount of $2,746.00; Fishers Island Sewer District
bills in the amount ;of $5,140.00; Southold Agency S Trust bills in the amount of
$2,295.68; Fishers Island Ferry District bills in the amount of $546.81 .
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve the minutes from November '2srd
Town Board meeting.
Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the; minutes of the November 23, 1993 Town Board meeting be and
and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham;, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was; declared duly ADOPTED.
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that thei next regular meeting of the Southold Town Board will be a 4:00
P.M. , Tuesday, December 21 , 1993, at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham', Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I. REPORTS.
1 . Southold Town Program for the Disabled Monthly Report for November, 1993.
2. Southold Town Clerk's Monthly Report for November, 1993.
3. Southold Town Building Inspector Monthly Report for November, 1993.
4. Southold Town Trustees' Monthly Report for October, 1993.
5. Southold Town Scavenger Waste Treatment Facility Monthly Report for
November, 1993..
6. Southold Town Justice Tedeschi's Monthly Court Report for November, 1993.
7. Lawrence Healthcare CSEA Monthly Benefit Report for November, 1993.
8. Lawrence Healthcare PBA Monthly Benefit Report for November, 1993.
9. Councilmen's Report.
10. Supervisor's Report.
DECEMBER 7, 1993 31
II . PUBLIC NOTICES.
1 . U.S. Army Corps of Engineers', New York District, application of Sarah
Gicale to construct a ;groin and place fill in Cutchogue Harbor at Cutchogue, Town
of Southold, Suffolk County, New .York. Comments to be received by December 29,
1993.
III . COMMUNICATIONS. None.
IV. PUBLIC HEARING.
. . - P.M--k East-:Vest Fire Protection District Contract" .
2. 4:35 P.M. on a proposed "Local Law in Relation to Garbage, Rubbish and
Refuse Permits" .
V. RESOLUTIONS.
SUPERVISOR HARRIS: At this time, there are two public hearings, that are
scheduled, one for 4:30, and one for 4:35. Are there any members of the audience,
that would like to address any resolution that we'll be acting upon in the next few
minutes?
ED SIEGMANN: Just, give an explanation for Resolution #2, please.
SUPERVISOR HARRIS:: Number 2 has been changed from three to one positions being
created for a After School Activity Aide,.
ED SIEGMANN: ' Down at the Center?
SUPERVISOR HARRIS;: That's the one. Ve McKieghan's program. Yes.
ED SIEGMANN: Okay. Thanks.
TOM SAMUELS: My name is Tom Samuels. I'm the ,Chairman of the Stewardship
Task Force, and I would just like to read a letter that was sent to the Town. Board
by the Task Force by former Chairman Richard Hilary on September 15, 1992, to
Honorable Scott Harris, Supervisor, Town Hall, Main Road in. Southold. Dear Super-
visor, I am writing at the request of the Task Force Membership in regard to a
request by the developers of the Jem Commons to the Town Board to change current
zoning to increase housing density. Our position on this matter was adopted by
the Task Force without dissenting vote, and drafted by committee designated by the
group as a whole. The Task Force respectfully requests that the Town Board not
approve the developer's request for downzoning at this time. While this letter is
motivated by the urgent need to respond the Jem Commons proposal, we are not
targeting this one development, but rather request that the Board not grant any
applications for downzoning at this time for two reasons. One, increases in density
should be tied to a plan for .preserving open space. One of the key demands on
our Task Force' is to ;assist the Town Board in devising a workable transfer of develop-
ment rights, TDR, plan by which .developers would purchase open space- for development
rights in return :for the right to increase density and developments in the hamlets.
The Jem Commons site is one of the potential sites where such a trade may be approp-
riate, and successful: Our subcommittee on hamlet density and farmland preservation
is reviewing this matter now. Our Task Force is concerned that all our efforts
could come to nothing, if downzoning and variances are granted prior to the imple-
menting of a TDR Program. Number two, approving downzoning would preempt the
work of the Task Force as mandated by the Town Board. Our charge from the Town
Board requires the Task Force to recommend ways to conform the zoning map to the
objective of the Master Plan. We are now at work on devising reasonable proposals
to increase hamlet density while preserving desirable open spaces. The Jem Commons
proposal to radically alter current zoning should not be approved until our Task Force
has completed at least it's preliminary work of • reviewing zoning and development
throughout the town.; We fear that zoning changes done in piecemeal manner prior
to the completion of our work, will preempt our efforts to assist the Town Board
in providing an overal development program for the Town. The Task Force wishes
to emphasis that the "group at this time takes no position on the merits of the Jem
Commons proposal per se. It. may or may not be appropriate to allow higher density
at that location. Furthermore we are not suggesting a moratorium on development.
The owners of the property have every right to proceed with development in accor-
dance with the current Zoning Code. Rather we strongly oppose any changes in
the current zoning, which will preempt our- work for the Town Board. I will be
pleased to appear along with members of our Task Force before the Town Board to
answer any questions about our position. Sincerely, Richard Hilary. Thank you.
32 D Et EM B E 2� '7','' 19 9 3
SUPERVISOR HARRIS: Anybody else at this time?
ANN LOWRY:. My name is Ann Lowry. I'm speaking for NFEC, and as a member of
the Task Force. I wonder how, when the Town has presumably all agreed that we
want to preserve open space and farmland, you would give up at this particular time,
just when the Task Force has made recommendations, and it is known that we have
a._.TDR Program to 'present, why .you would not grab at the opportunity as a possibility
for gaining some preservation of open space. I hope-you will really reconsider, and
take this chance that you have now to. . a chance to preserve open space. Thank
you.
SUPERVISOR HARRIS: Anybody else at this time?
JOE RISTUCCIA: . :Joe Ristuccia. I'm representing .myself, and also, TaxPac, and
the Southold Independent Republican Committee. I understand you're going to have
an item of the personnel,. or maybe a vote on a member of the Planning Board. Is
that correct?
SUPERVISOR HARRIS: That's correct.
JOE RISTUCCIA: 'I'd like to just make a statement regarding that. I've heard that
this Board is going. to make an attempt to remove him from the Planning Board. I
think that is an absolute mistake. There was a mandate that was given in this town.
As a matter of fact'jn our last election I don't think there was an election in all of
Long Island, or for that matter New York State, that attracted the attention of such
a small place'as Southold, where so much activity was going on; and so much devisive-
ness, and so much invective of words that were being used, and going to all kinds
of things. If you vote Benny out from his position on the Planning Board, you're
going to open up some wounds here, you will never see the end of it. All I can
tell you is, this an attempt on those people who are going to vote him out, and then
try to vote in someone that the electorate in this town voted out of office. I'm talking
about Mr. Smith. Here you have a case where you're going against the electorate.
think you're going to be making a mistake,. I don't know what you're design is,
or what you're attempting to do, but the people in this town wanted that change,
and they spoke, and they spoke loud and clear, and if those numbers didn't demon-
strate that they want a certain thing to be done, I think you don't know how to
read numbers. So I'm urging you very, very strenuously not to do it. Thank you.
RUTH OLIVA: Ruth Oliva. Orient. I really object, as you probably know, to
Resolution 24, and ;26. I'm appalled at the way this Board has conducted itself in
the last month of it's term. I have been at these Board meetings' for fourteen years.
I've watched Boards come. I've watched Boards go, but I have .never seen a Board
that was so callous' in regards to the wishes of the people of this `town. Thank you.
I think it's terrible'.
JANE GOHREL: Jane Gohrel from East Marion. I'd like to concur absolutely with
two previous speakers, Joe Ristuccia, on the subject of the Planning Board appoint-
ment, those that you made today, and I would like to say that I do not understand,
at this time, going ahead with changing a zone on the Jem Commons property, and
the other property 'in Southold. At this particular time when we know that we're
working for a new,' better vision for the Town of Southold conserving open space,
and conserving, and helping the environment, and what is the rush? There are
certainly, I would say, that this will not be in the service of the people of Southold.
It will be in the service of perhaps the owner of the property, but it is not serving
the people of Southold to push'ahead with this at this particular moment. Thank you.
SUPERVISOR HARRIS: Thank you.
LINDA LEVY: My name is Linda Levy, and I am speaking today on behalf of the
North Fork Environmental Council. I'm sure you remember, as many others who are
here today, we spoke against the proposed:change of zone for Southold Commons
and Jem Commons back in March, April, May of 1992, when these issues first came
up before you. The fact that these decisions are being made tonight one has to
wonder, what is the sudden urgency? Ben Orlowski's seat has been up for months.
These change of zone first came before you in 1992, yet you've chosen tonight, or
this afternoon, to be the time that you're going to make these decisions. There is
no other concltision that anyune can make, but that this is •a slap in the face of
the voters of this town. It proves 'to us .that you don't care about the good of
Southold. If you cared about the town you would recognize that thi.s:is the time to
leave office graciously, -and to except the decision of the voters. Instead the only
thing that we can believe is that this decision is nothing more than a vengeful act
of a lame duck Board, and Supervisor.
DECEMBER 7, 1993 33
MARGARET BROWN : I agree very. much with what has been said, particularly Ann
Lowry's statement to, please, give open space a chance. There's no rush. These
people who waited for a- change of zone, waited for a long time, and wait a little
longer until .the Task Force comes to drips with what can be done. It's not going
to be that much greater hardship on them. As far as the tradition on the Planning
Board, it's my understanding that your candidate; Henry Smith, didn't apply, and
wasn't interviewed., That makes me wonder why he was suddenly selected, and why
are you rushing into these decisions today.
SUPERVISOR HARRIS: Anybody else at this time?
I
LUCILLE FIELD GOODMAN : I'm Lucille Field Goodman, and -1 hope that you have
-taken an extra moment to do the right thing. The thing that will make you look
gracious, thoughtful, intelligent, and caring about the voters on the North Fork,
who want to see. their lives, their community, the very magic of this community
preserved. Give the US/UK Task Force a chance to make their recommendations.
I think that the good of us all is really what matters., your good as well. Thank
you.
i
RONNIE WACKER: '.Ronnie Wacker. I want to remind you of what it was like two
years ago, when the US/UK was here, and we were in this room, they made their
report, everybody 'was jubilant. They were really getting down to what has been
going wrong with the town, and, you all agreed,. too. You said, this is what we are
going to do, and we're going to appoint a Task Force. We're going to work on these
problems together, and this was the symbol of that time. We were going to do this
together. Well, since then what has happened? Never mind that the Town Board
will be changing. This is a political system. .,:",The re may be a time when it will change
back, but in the meantime we do have to look for the benefit of the town, not for
a political group, and this, I think, is not to the benefit of the town, so, I ask you,
please, to "reconsider this change of zone, or at least don't consider it in the way
that you've been considering .it, because there might be a time when you will be
coming up again, and we will remember this. Thank you.
ED SIEGMANN: Ed Siegmann. You know I sat in this room one night, and I listened
to the public come ;to bat for Benny Orlowski, both when you wanted to remove him
as Chairman, and then when there was an idea that the possibility he was going to
be removed from the Board. You know if there was anyone in the public, or had
any doubt in their mind, that the clean sweep in the last election was a mistake,
you've only confirmed that they did what should have been done. Your vindictive
public be damned attitude 'is displayed again here tonight, as it has been for the
last year or so. You know it would be like the' public being vindictive, George,
to you, and going ;out and boycotting Penny Lumber. Maybe some of things have
to done in order to convince you people that you don't handle people like they were
a commodity. You; handle them as they produce to you, and what they do, and if
they're right, leave them there, even if you can't see the particular positions they
take. I, too, like the other people that spoke before hope you would change your
position, and not make this move tonight. Thank you.
SUPERVISOR HARRIS: Anybody else at this time?
ED SIEGMANN: Why don't you answer some of the things, that are said?
SUPERVISOR HARRIS: If not, we'll move on to resolutions. You had your oppor-
tunity to speak oni the resolutions before us. Thank you.
1 .-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints the
following individuals to the Southold Town Council on Veterans Affairs, effective
Janaury 1 , 1994 through December 31 , 1994, they to serve in said position without
compensation:
John A. Harris Veterans of Foreign Wars
Bernard A. Heaney Catholic War Veterans, St. Agnes Post No. 703, Greenport
Edward Scroxton ' A.R. Grebe American Legion Post No. 1045, Fishers Island
Edward Kruszeski ' Burton Potter American Legion Post No. 185, Greenport
Richard L. Diehl Griswold'-Terry-Glover American Legion Post No.803,Southold
Henry W. Drum Raymond CleavP,s American .Legion Post No. 861 , Mattituck
1 .-Voie of the Town Board: Ayes: Councilwoman Hassie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This.. resolution was declared duly ADOPTED.
3 r
DECEMBER 7, 1993
2.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby creates one (1 )
position entitled "After School Activity Aides", to be employed under the Southold
Town Office for Women After School Activities Program. They will act as craft
leaders, which shall include organizing games both in and out of doors, serving
snacks, helping with homework assignments, developing play activities, and clean-up
duties.
2.-Vote of the Town Board: Ayes: Councilwoman Hussie,, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Councilman Wickham, seconded by Supervisor Harris,
WHEREAS, there was presented to the Town Board of the Town of Southold, on
the 23rd day of November, 1993, a proposed Local Law entitled, "A Local Law in
Relation to Certificate of Occupancy Fee",; and
WHEREAS, this proposed Local law was referred to the Southold Town Planning
Board and Suffolk :County Department of Planning, all in accordance with the
Southold Town Code and Suffolk County Charter; now, therefore, be it
RESOLVED that the Town .Board hereby sets 4:30 P.M., Tuesday, December 21 ,
1993, Southold Town Hall, Main Road, Southold, New York, as time and place for
a public hearing on the aforesaid proposed Local Law, which reads as follows:
A Local Law in Relation to Certificate of Occupancy Fees
BE IT ENACTED, by the Town Board fo the Town of Southold as follows:
I . Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1 . Section 100.-284(H) (1 ) (g) is hereby amended to read as follows:
(g) Copies of certificate of occupancy: $20.00 i-ssued dive
f5} ar fewer years age- fi-v-e- d10+6rg-{$5-00}
2. Section 1001-284(H) (1) (h) is' hereby deleted in its entirety.
f bi---E-o0e-s of-eerl i#teaatees of- oeetrpaney +ssued mare--0ian
five -years- age: tern de+6rs. (-$+0.J
II . This Local Law, shall take effect upon it's filing with the Secretary of State.
* Underscore represents addition(s)
** Overstrike represents deletion(s)
3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski;
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED..
4.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski,
WHEREAS, there was presented to the Town Board of the Town of Southold, on the
23rd of November, ; 1993, a proposed Local Law entitled, "A Local Law in Relation
to Site Plan Approval"; and
WHEREAS, this proposed Local Law was referred to the Southold Town Planning
Board and Suffolk County Department of Planning, all in accordance with the
Southold Town Code and Suffolk County Charter; now, therefore, be it
RESOLVED that the Town Board hereby sets 4:32 P.M. , Tuesday, December 21 ,
1993, Southold Town Hall, Main Road, Southold, New York, as time and place for-
a public hearing on the aforesaid proposed Local Law, which reads as follows:
A Local Law in Relation to Site Plan Approval
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to reads as follows:
1 . Section 100-31 B (Special Exceptions) is hereby amended to read as
follows:
B. Uses ;permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals, as hereinafter provided, and, except for
two-family dwellings and the uses set forth in Subsecion B(15)
hereof, are subject 'to site plan approval by the Planning Board.
II . This Local Law; shall take effect upon its filing with the Secretary of State.
* Underline represents additions
** Overstrike represents deletions
4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
DECEMBER -7, 1993 35
5.-Moved by Justice Edwards., seconded by Councilwoman Hussie, it was
RESOLVED that pursuant to the provisions of Section 284 of the Highway Law, the
Town Board of the .;Town of Southold hereby agrees that moneys levied and collected
'for the repair and improvement of highways', and received from the State for the
repair and improvement of highways, shall be expended as follows: General Repairs.
The sum of $2,064,712.00 may be expended for general repairs upon 190.93 miles
of town highways, including sluices, culverts and bridges having a span of less.- than
five feet and boardwalks or the renewals thereof; and' be it
FURTHER RESOLVED that no moneys set aside for such improvements shall be
expended, nor shall any work be undertaken on such improvements, until tree County
Superintendent approves the plans, specifications and estimates for su.C-.k,.con,strucLon.
5.-Vote of the Town Board: Ayes: _Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham!, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was!declared duly ADOPTED.
6.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was
RESOLVED that the: Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute agreements with the following indivi-
duals or businesses: for the Winter 1994 Recreation Programs, all in accordance with
the approval of the Town Attorney:
Thomas Boucher.- (guitar lessons) $16.00 per class (1 hour class)
Eugenia- Cherou-ski (folk dancing) $15.00 per hour
East End Insurance Services (.defensive driving) $35.00 per person enrolled
Fred Endemann (celestial navigation) $20.00 per hour
Thomas Fox (cartoon drawing) $15.00 per class ( hour class)
Hidden Lake Farms Riding School (horseback riding) $150.00 per person enrolled
Eleanora Kopek (arts E crafts) $16.00 per class (45 minute class)
Valentine Stype (youth basketball%men's league) $15.00 per hour
6:-Vote of the Town Board Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham,, Councilman Penny, Justice' Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the; Town Board of the Town of Southold hereby authorizes the
release of the $41"0010.00 cash bond for roads and improvements in the major subdivison
of Francis Greenberger, all in accordance with the recommendation of the Southold
Town Planning Board, whereas all required improvements have been completed.
7.-Vote of the .Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham,, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the .Fishers Island Ferry District to accept the bid and
enter into a contract with J. S. McHugh, Inc., at the bid price of $87.90 per seat,
for removal refurbishing, and installation of approximately six hundred (600) seats
located at the Movie Theatre, Fishers Island.
JUSTICE EDWARDS I might add that these seats have been in there since the
movie was built in 1938, and they do need some repair.
8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was; declared duly ADOPTED.
9.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the; Town Board of the Town of Southold hereby .authorizes the
following budget modification to the General Fund - Whole Town 1993 Budget to
appropriate Park 8 !Recreation funds for Tasker Park electrical items from Schwing
Electrical Supply Corp. , dated October 11 , 1993:
To:
Revenues:
A2025 - Special Recreation Facilities $ 339.40
Appropriations:'
A7110.2 Parks, Equipment $ 339.40
9.-Vote of the 'Town.,Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman. Penny, Justice Edwards, Supervisor Harris.
Th;s resolution :vas" declared duly ADOPTED.
3 DECEMBER 7, 1993
10.-Moved by Councilwoman Hussie, .seconded by Justice Edwards, it was
RESOLVED that the; Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1993 Budget to
cover overdrawn line 'items and anticipated needs for the remainder of the year:
To:
A9010.8 NYS Retirement $. 2,800.00
A9055.8, CSEA Benefit Fund 3,500.00 ._
From
A9710.6 Serial Bonds, Principal $ 2,200.00
A9710.7 Serial Bonds, Interest 4,100.00
10.-Vote of the Town Board: Ayes: Counci.lwoma^ Hussie.,...Councilman Lizewski,
Councilman Wickham, Councilman Penny,, Justice Edward's, Supervisor Harris.
This resolution was' declared duly ADOPTED.
11 .-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1993 Budget' modification to the General Fund - Part Town to cover
overdrawn appropriations and anticipated needs for remainder of year, including
appropriation for J. Kevin Brosnahan for the PBA matter with PERB:
To:
B1420.4 Town: Attorney, Contractual Expenses $ 30,120.00
B3130.4 Bay' Constable, Contractual Expenses 2,200.00
B9010.8 NYS Retirement 800.00
From:
B3130.2 Bay Constable, Equipment $ 2.200.00
B3620.4 Safety Inspection, Contractual Expenses 120.00
B9015.8 Fire S Police Retirement, Employee Benefits 30,800.00
11 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was: declared duly ADOPTED.
12.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1993 budget modification to the Town of Southold Employee Health Benefit
Risk Retention Fund to coveroverdrawn appropriation:
To:
MS.1989.4 Medicare Reimbursement $ 4,400.00
From:
MS.9060.8 Hospital 8 Medical Benefits $ 4,400.00
12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor,, Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Charles Greenblatt Inc. for furnishing to the Town of Southold Police Department
Uniform Clothing For Calendar Year 1994, all in accordance with the bid specifications
and their proposal dated October 28, 1993.
13.-Vote of the Town. Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was. declared duly ADOPTED.
14.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution
25, adopted on November 23, 1993, appointing Patricia W. Wood as a Clerk in the
Office of the Receiver of Taxes, effective December 1 , 1993.
14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice. Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1993 Budget modification to the General Fund - Part Town to cover
remainder of billing for J. Kevin Brosnahan with regard to the PBA matter with
PERB:
DECEMBER 7, 1993 37
To:
B1420.4_ Town; Attorney, Contractual Expenses $ 3,000:00
From:
'139015.8 Fire E Police Retirement, Employees Benefits $ 3,000.00
15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. -
This resolution, wasf declared duly ADOPTED.
SUPERVISOR HARRIS: At this time we need a motion to recess for public hearings.
Moved by .Councilman Wickham, seconded by" Councilman Penny, it was
RESOLVED that a recess be called at this time, '4:30 P.M. , for the purpose of
holding public hearings.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meeting reconvened at 4:45 P.M.
SUPERVISOR HARR11S: We'll move back to the regular portion of your agenda.
16.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
refund of $12,000.00 to Peconic Properties Management Corp.., which amount is the
money paid in lieu of Park and Playground, and to date the developers of Southold
Villas, Section 11 have 14 homes committed to the 'Southold Town Affordable Housing
Program.
16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris. Abstain: Councilman Penny.
This resolution was declared duly ADOPTED.
17.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was
RESOLVED that the' Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris 'to submit two (2) grant applications to the New
York State ISTEA Transportation Enhancement Program:
Application 1 . Southold Town Recreation Trails.
Application 2. Southold Town Stormwater Runoff Mitigation' Program.
17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was: declared duly ADOPTED.
18.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints the
following individuals to the Southold Town Youth Board, effective January 1, 1994
through December 31, 1994, they to serve in said positions without compensation:
Chairperson: Mary Ann Fleischman
School District: Youth Representive: Adult Representative:
Greenport Christina Goldsmith Thomas L. Rabbitt
Mattituck Helen Coster
Southold Isaac Kaplan
Ryan Springer
Hamlet: Adult Resident Representiative:
Greenport/Orient/East Marion James Martinson
Mattituck/Cutchogue/New Suffolk (vacancy)
Southold/Peconic (vacancy)
Civic/Church/Business: Representative:
Karen Diffley
Mark Gagen
Agency/Organization: Representative:
B.O.C.E.S.I (vacancy)
C.A.S.T. Gail Horton
Family Service League (vacancy)
Southold Town Department: Representative:
Community Development James McMahon
Juvenile Aid Bureau Henry Santacroce, Jr. /Beth Wilson
Law Harvey Arnoff
Recreation Kenneth Reeves
Town Board Councilman Joseph J . Lizewski
18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny; Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
DECEMiBER 1993
19.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the; Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for two adult community representa-
tives for the Southold Town Youth Board for Mattituck/Cutchocgue/New Suffolk, and
Southold/Peconic.
19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
,Councilman Wickham, Councilman Penny, Justice .Edwards, Supervisor Harris.
This resolution was, declared duly ADOPTED.
20.-Moved by Councilman Penn!, seconded by Justice Edwards, it was
RESOLVED .that the ToWn-,._.,bard of the Town of Southold hereby authorizes an
increase in authorization to Cashin Associates, P.C. , in the amount of $4,500.00,
to cover additional meetings requiring CA's involvement with regard to the Town
of Southold Local Waterfront Revitalization Plan, and updating of existing data due
to extreme weather conditions that occurred during the 1992/1993 winter, specifically
the record-breaking Northeaster in December, which caused unprecedented flooding
and coastal erosion which had to be reviewed in term of its implication to the LWRP
in Southold Town.
20.-Vote of the Town Board: Ayes: Councilwoman Hussie,' Councilman Lizewski,
Councilman Penny, ,Justice Edwards, Supervisor Harris. No: Councilman Wickham.
This resolution was; declared duly ADOPTED.
COUNCILMAN WICKHAM: They have a contract at a given figure, and I don't see
that the, Town needs to provide the additional payment to them.
21 .-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the, Town Board of the Town of Southold hereby appoints Fran
Shahbazian as a part-time Clerk Typist for the Recreation Department, 17-1 /2
hours per week, at' a salary of $6.50 per hour, effective December 8, 1993.
21 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
22.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Mary Jane
Prucell provisionally as an Aide in the After School Activity Program, 12 hours per
week, at a salary of $6.80 per hour to be paid through the tuition of those who
participate in the program, effective November 29, 1993.
22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
23.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the; Town Board of the' Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a contractual agreement between the
Town of Southold and Chief of Police Stanley Droskoski for his conditions of
employment, effective immediately.
23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was: declared duly ADOPTED.
24.-Moved by Supervisor Harris, seconded by. ,Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Henry P.
Smith as a member of the Southold Town Planning Board, for a five (5) year term,
effective immediately through December 31 , 1998.
COUNCILWOMAN HUSSIE: We received. no application for Mr. Smith, and we did no
interview for Mr. Smith, and while I have nothing against Mr. Smith I object to the
process, and therefore I vote, no.
COUNCILMAN WICKHAM: No, and I'd like to give a very brief history on this saga.
As you probably recall back in March, Mr. Orlowski term expired, and at that time
he was demoted as Chairman, and we went out to resumes. At that time we recruited
a number of resumers. We had interviews. We had some very good people who applied
Mr. Orlowski was .among them. During .the summer and fa!I, past the election, the
Town Board,, recognizing thhat we didn't have four votes to do anything, continued
to put it off week after week, and never really seriously addressed the .issue. There
a
DECEMBER 7, 1993 3 9
were no discussions: There was no putting it on the table. There was nothing on
the agenda. There';was no indication until about 2:45 this afternoon, nothing on
the agenda, no intimation to other people on the Board, that I was aware of at least,
that as of this afternoon four votes had been found for a new candidate, a person
who,as Alice Hussie has just said, had not been interviewed, for whom we have no
resume. Who, as far as I know, has never even expressed interest in the position.
Now, Mr. Smith is a fine person. I've known him for some years, and I respect him.
I don't think that that's the way a Town Board in the Town of Southold should
operate, and !, have: to vote against it for that reason. In doing this the Town Board
:i_s diminished itself, and I think it conveys a message to the people of this town,
and the :,me..ssage is, political patronage. The message is, . if you speak up, and act
according-,.to your conscience, .as everybody knows Mr. Orlowski did, you'll. suffer
the risk of being canned for it. If you do what you think is right, you've got
rewards out there, and if you play the game the political way maybe you can find ..
a berth. That's the message the Town is sending. I have nothing against Mr. Smith.
But, what the Board is doing in this action seriously diminishes, in my view, the
image of this Board; and local governmeht in the Town of Sethhold. I can not
support this resolution.
SUPERVISOR HARRIS: I'm pleased to vote for Mr. Smith, who has been a political
individual for fourteen years, since I've known him on the Board. Mr. Smith was
a compromise to the; gridlock that existed on this Board for the last six months.
Every individual on this Board could not move on the individual, that they were
supporting. This move allows the Town to move ahead. It gets the Town back on
track, and moving, as far as I'm concerned, with a businessman, upstanding com-
munity member, one: who has .not only business in this town, but also has been
involved, and has lived in this town all his life. This individual will be a tremendous
asset to this town. I'm looking forward to announcing this to him. I'm sure he has
no idea that this resolution, tonight, is being acted upon. Excuse me, I'm sorry.
Can I have some courtesy, please? Can I have some courtesy, please? Mr. Smith
had never solicited my support for this position. I don't know of any other members
on the Board that he solicited support. However, his name was brought up, and
a compromise was reached today, which will allow this town to move ahead, and I'm
proud, again, that Mr. Smith has been appointed to the Planning Board. He will be
a great asset for many years to come.
24.-Vote of the Town Board: Ayes: Councilman Lizewski, .Councilman Penny, Justice
Edwards, Supervisor Harris. No: Councilwoman Hussie, Councilman Wickham.
This resolution was ;duly ADOPTED.
25.-Moved by Councilman Penny, seconded by Justice Edwards.
WHEREAS, Reynold and Herman Blum, by petition filed January. 25, 1993, applied
to the Town Board of the Town of Southold for a change of zone on certain property .
located on the south 'side of Main Road, 737.32 feet west of Harbor -Lane, Cutchogue,
New York, (SCTM #1000-103-01-19.2 S p/o , 19.11 , from Residential Office "R-O"
District to Business "B" District; and
WHEREAS, the said petition was referred to the Southold Town Planning Board and
Suffolk County Department of- Planning for official recommendations and reports; . and
WHEREAS, the. Town Board, pursuant to due notice, held a public hearing thereon
on the 4th day of May, 1993, at which time all interested persons were given an
opportunity to be heard; now, therefore, be it
RESOLVED that Reynold and Herman Blum be and hereby are granted the relief
demanded in said petition on the above described property, which is bounded and
described as follows: Beginning at a point on the southerly side of Main State
Road, . 520 feet east of the corner formed by the intersection of the easterly side
-of Stillwater Avenue, with the southerly side of Main State Road and which point of
beginning is also where the easterly line of land of Elizabeth Homan intersects the
southerly side of Main State Road; thence along the southerly side of Main State
Road, the following two courses and distances: (1) North 510 22' 20" East, 162.0
feet; (2) North 490131' 00" East, 565.23 feet to land of Cichanowicz; thence along
land of Cichanowicz, the following course and distance: (1) South 40° 29' 00" East
327.70 feet; thence West 780.51 feet to land of J . Homan, and land of E. Homan,
North 311 22' 40" -West, 337.20 feet to the point or place of beginning. Containing
5.683 acres.
25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harms. No: Councilman Lizewski.
This resolution was duly ADOPTED.
4 ® DECEMBER 7, 1993
26.-Moved by Supervisor Harris, seconded by Councilman Penny,
WHEREAS, Jem Realty Co. , by petition filed March 1 , 1990, applied to the Town
Board of the town of .Southold fora change of zone on two (2) parcels located on
the northerly side of the North Road, Greenport, from: Parcel 1 - the most
southerly 42± acres from existing "R-80" Residential Low Density District (2-acre
minimum) to "H-D" Hamlet Density District; Parcel 1-1 the most northerly 20± acres
from "R-80" Residential Low Density District (2-acre minimum) to "R-40" Residential
Low Density District (1-acre minimum) ; and
WHEREAS, the said petition was referred to the Southold Town Planning Board and
Suffolk County Department of Planning for official 'recommendations and reports; and
WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon
on the 4th day of February, 1992, at which time all interested persons were given
an opportunity to be heard; now, therefore, be it
RESOLVED that Jem Realty Co. be and hereby is granted the relief demanded in
said petition subject to the execution and recording in the Suffolk County Clerk's
Office of the following Declaration of Covenants and Restrictions, which are hereby
made a part of the Town Board's decision:
WHEREAS, the Declarant (Jem Realty Co. , a partnership with offices at 43 West
54th Street, New York, New York) is the owner in fee simple absolute, of
premises -located .at the north side of Main Road (Route 48) east of Sound
Avenue, Greenport, New York, Tax Map No. District 1000, Section 35,.. Lot 24,
more specifically described on Exhibit "A" (to follow this recital). and made a
part hereof, '(hereinafter referred to as the "Premises") , commonly known as
Jem Commons; and
WHEREAS, the - Declarant has made application to the Town of Southold for a
change of zone from .Residential R-80 (Residential Low-Density District (two-
acre minimum))�to Residential R-40 (Residential Low-Density District (one-acre
minimu.m) ) as to Parcel I, and R-8'0 (Residential Low-Density District (two-acre
minimum)) to HD (Hamlet Density Residential District) as to Parcel 11; and
,WHEREAS, . the Town .of--Southold has agreed to grant Declarant's application
for 'a change, of zone; and
WHEREAS, the Declarant has agreed, in consideration of the approval of the
Town Board of the Town of Southold to the change of zone to provide for
restrictions concerning the development and use of Premises which the Town
of Southold deems in its best interest as whole to obtain; and
WHEREAS, the Declarant has agreed to place these covenants and restrictions
against the Premises.
W I T N E S E T H
NOW, THEREFORE, in consideration of the Premises, and the agreements herein
contained, the Declarant hereby declares as follows:
1 . In the development of the subject Premises, a proposed subdivision
shall provide for two access roads from said subdivision to the Main Road
(Route 48) .
2. • Parcel I (20-acre portion) of the Premises to ;be designated as
Residential R-40, (Residential Low-Density District (one-acre minimum) ) shall
be developed under the R-40 (Residential . Low-Density :District (one-acre
minimum) ) criteria and cluster planning concept as called for in the Code of
the Town of Southold.
3. Parcel II (42-acre portion) of the Premises to be designated as HD
(Hamlet Density Residential District) zoning, shall:
A. ' Be developed at a density equal to one residential unit per one
half (1 /2) acre.
B. Provide that out of the total number of units to be built, (as
provided in Subsection 3A) 30% are to be designated "Affordable
Housing" units and shall be. required to meet the criteria indicated
in the "Affordable Housing" Section of the Code of the .Town of
Southold.
C. Provide that all areas designated on the site, as open space,
if any, shall be located, if practicable, so it shall be adjacent
to the open space areas designated on the parcel of property
to; the east.
4. The. covenants and restrictions contained herein shall be enforceable
by the Town of Southold against the Declarant or the then owner , of the
Premises, or by; proceeding at law or in equity against any persons or' parties
violating or attempting to violate any conditions of this Declaration; to restrain
violation, in whole or in part.
DECEMBER 7, 1993 41
5. The above-mentioned covenants and. restrictions shall be and
constitute real covenants running with the 1and . and shall. be binding upon the
Declarant and any and all subsequent owners of said real property or part
thereof, and upon their heirs, executors and administrators (or their
successors or assigns) , subject, however, to the right of the Town of Southold
annul, or repeal .any or all of the foregoing covenants and/or restrictions at
any time.
The legal description of the aforesaid property is as follows: All that
certain plot, piece or parcel , of land, situate, lying and being at Greenport,
Town of Southold, County of Suffolk, and State of New York, and more
particularly bounded and described as. follows:
Parcel 1 : (northerly parcel) : Beginning at a point on the easterly line
of the 'land now or formerly of Gus Schad, which point is the following courses
and distances along the land now or formerly of Gus Schad from the northerly
line of North Road .(NYS Route 251) : (1) North 30 degrees 16 minutes 30
seconds West 1085.53 feet, (2) North 76 degrees 30 minutes 30 seconds East
376.40 feet, (3) North 21 degrees 05 minutes 30 seconds West 807.87 feet, and
running thence from said point of beginning South 62 degrees 26 minutes 40
seccnds West through the land of the party of the first part 1373.47 feet to
the land now or formerly of Augustus Straussner.; thence North 27 degrees 33
minutes 20 seconds West along the land now or formerly of Augustus Straussner
and of others 672:.50 feet to the Long Island Sound; a tie-line along the Long
Island Sound having the following courses and distances: (1) North 60 degrees
32 minutes 20 seconds East 356.27 feet, (2) North 58 degrees 10 minutes 00
seconds East 386:00 feet, (3) North 66 degrees 10 minutes 00 seconds East
342.00 feet, (4) North 79 degrees 13 minutes 30 seconds East 357.33 feet,
thence .southerly along the land now or formerly of Gus Schad the following
courses and distances: (1) South 21 degrees 34 minutes 40 seconds East 410.00
feet, (2) South 21 degrees 05 minutes 30 seconds East 175.00 feet to the point
or place of beginning.
Parcel I I : ('southerly .parcel) : Beginning at a point on the northerly side
of North Road where the same is intersected by the westerly side of land now
or formerly. of F.C.P. Haneman, formerly Grace Robinson; and from said point
of beginning running thence along ' the northerly side of North Road the
following courses and distances:. '(1) South 78 degrees 09 minutes 20 seconds
West 329.44 feet, : (2) South 75 degrees 15 minutes .00 degrees West 246.26 feet
to other land now or formerly of Sinuta; running thence along , said land North
26 degrees 56 minutes 20 seconds West 240.77 feet to the land now or formerly
of Water Sledjeski; running thence along said land the following courses and
distances: (1) North 30 degrees 58 minutes 00 seconds West 198.28 feet, (2)
South 66 degrees 00 minutes 30 seconds West 389.47 feet to the land now or
formerly of Harrower; running thence along said land and along land of other
owners the following two courses and distances: (1) North 27 degrees 47
minutes 30 seconds West 548.67 feet, (2) North 27 degrees 33 m.inutes 20
seconds West 634.19 feet, running thence . South 62 degrees 26 minutes 40
seconds West 1373.47 feet to said land now or formerly of F.C.P. Haneman;
running thence along said land the following courses and distances: (1 ) South
21 degrees 05 minutes 30 seconds East 807.87 feet, (2) South 76 degrees 30
minutes 30 seconds West 376.40 feet, (3) South 30 degrees 16 minutes 30
seconds East 1085.53 feet to the northerly side of North Road, at the point or
place of beginning.
COUNCILWOMAN HUSSIE: On the fourth of February, 1992, we had a public
hearing on the original proposal for Jem Commons, which included 171 units. A
year later, March, '93, we were presented with a new map, and covenants and
restrictions, and although the number of units has been reduced to 103, 1 still do
not approve, because we did not have another public hearing. We've only heard from
the public on one proposal, and not this proposal. I vote, no.
COUNCILMAN WICKHAM: I'm voting against both these zone changes. Will the other
one be raised; Scott, or not?
SUPERVISOR HARRIS: It's being held.
COUNCILMAN WICK HAM: I'm voting against this zone change for a number of
reasons. First, because no one, not one person besides the applicant and his
attorney spoke in favor of this proposal at public hearings, and there twenty over
people who spoke against ii. I'm voting against it, because there is no demostrated
need for the changes that he requests at this time. The continued failure of the
Brecknock properties to be develop according to it's increased density confirms that
there is no demostrated need at this time. Jem is next door to Brecknock, and I
4 2 ' DECEMBER 7, :1993
should not that a change of zone should be based, and predicated on current need,
not some speculative need way out ten, or twenty years in the future. The change
of zone can be taken up at that time,- and thirdly, I'm voting against it because I
believe changes of zone such as these should be considered only in the context of
the tranfer of Development Rights Program, which the Stewardship Task Force has
recommended to the Board, and which, I might add, enjoys broad support from the
Town Board, as long as we give away changes of zone, there will be no rationale
and"no interest in transfer of. Development Rights Program, and, fourthly, because
of extensive backroom finagling between the applicant "and members of this Town Board
finagling that has sharply changed the scope of this proposed project, since it was
heard at a public hearing early in 1992. Fifthly, because I think it is wrong, and
even probably illegal, for the Board to approve a chhange of zone based 6q-_i3atis
other than those which were heard at a public hearing, and also, because-4
matter
was suddenly put on today's agenda after almost two years of inaction by the Board,
with no advance notice, with the agenda item adder! to yesterday's agenda only after -
close of business yesterday afternoon, and with no time for Board members to consult
and consider their vote seriously, dnd, no, because I think it is a dangerous precedent
for an outgoing Board to vote at one of it's last meetings, three weeks before the
end of tenure, for a controversial zone change, which it was unwilling to put to public
vote prior to an election, and, lastly, because the applicant has been a major player
in political affairs in the town, giving the Board every appropriety in awarding
favors. In short, the proposed zone change reflects all the wrong reasons, that
the voters of Southold Town rejected just two months ago. It should not be allowed
to go forward, and I should add, personally, for me this is the lowest point I have
had in four years on this Town Board. The only good thing I can say about it is,
after this it can only go up. Thank you.
JUSTICE EDWARDS: With comments, yes. I think; Tom, you're all wet in a couple
of your paragraphs there, and I want to say I'm voting for this, because it's the
future for. the youth of the community with affordable housing, and I don't see anymore
projects coming through the Town Board in years to come, that will have affordable
housing stamped on them, and that's why I'm going along with this.
26.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Penny, Justice
Edwards, Supervisor Harris. No: Councilwoman Hussie, Councilman Wickham.
This resolution was. duly ADOPTED.
27.-This resolution was., held - not acted upon.
Proposed resolution to grant a change of zone to Emanuel Kontokosta (Southold
Commons) from R-80 (Residential Low-Density District - two-acre minimum) to H-D
(Hamlet Density Residential District) 'on .certain property located at the south side
of Middle Road between Youngs Avenue (also known. as Railroad Avenue and
Boisseau Avenue, Southold, New York.
SUPERVISOR HARRIS: Number 27 is being held. Number 28, do you want to enact
the "Local Law in Relation to Garbage"7
28.-Moved by Supervisor Harris, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of Southold on the
23rd day of November, 1993, Local Law No. 25 - 1993, "A Local Law in Relation to
Garbage, Rubbish E Refuse Permits"; and
WHEREAS, a public hearing was held on this Local law on the 7th day of December,
1993, at which time all interested persons were given an opportunity to be heard;
now, therefore, be; it
RESOLVED that Local Law No. 25 - 1993 be enacted as follows:
LOCAL LAW NO. 25 - 1993
A Local Law in Relation to Garbage, Rubbish S Refuse Permits
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 48 (Garbage, Rubbish .E Refuse) of the Code of the Town of
Southold is hereby amended as follows:
1 . Section 43-3(D) is hereby amended to read as follows:
DECEMBER 7, 1993 43
No vehicle shall be permitted to transport refuse into any refuse
disposal area maintained by the Town of Southold unless such
vehicle displays a valid permit and/or license issued pursuant to
the provisions of this chapter., except that vehicles owned and
operated by any of the following entities shall be permitted to
transports refuse into any refuse disposal area maintained by the
Town of Southold, provided at least one (1) valid permit and/or
license has been issued to the particular entity: State of New York,
County. of. Suffolk, Village of Greenport, and fire districts, school
districts and park districts located within the Town of Southold.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents additions.
28.-Vote of the Town .Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham,i Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I move the motion to authorize the East-West Fire Protection
agreement to be remended for three year term in reference to an opportunity to help
fund other parts of ,the East-West Service Award Program, that may be needed in
order to institute fire protection in that district.
29.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that theTown Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an amended agreement between 'the
Town of Southold and the Village of Greenport for the "East-West Greenport Fire
Protection District, Town ofSouthold, New York", for a term of five (5) year's,
commencing on January 1 , 1994 and ending on December 31 , 1998, and which con
tract includes payment to the Village, in addition to the following sums annually,
46% of the annual cost of maintaining the Firemen's Service Award Program: 1994 -
$142,000.00; 1995 - $150,000.00; 1996 - $157,500.00; 1997 - $165,375.00; 1998 -
$173,644.00; all in accordance with the approval of the Town Attorney.
29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham,; Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time, are there any members of the audience, that
would like to address this Board on any matter in. reference to Town business?
ED SIEGMANN: Edward Siegmann. I think that the people here should be entitled
to a legal explanation of what makes it possible for you to appoint someone, that
you haven't talked to, that has not make an, application, hasn't. given you an answer
whether he wants the job or not, competing with people who did make out applications,
and who were interviewed for the job? I think that the people here are entitled to
a legal explanation of how you can do this.
SUPERVISOR HARRIS: I will advise Town Attorney to consult with you, Ed, in the
future.
ED SIEGMANN: I'minot asking him to consult with me. I'm asking you to give an
explanation to the people here.
SUPERVISOR HARRIS: I'll advise them, and they can prepare .remarks at the next
meeting.
COUNCILMAN WICKHAM: Why the. next meeting?
SUPERVISOR HARRIS: It will give an opportunity to ask what was requested.
ED SIEGMANN: I'm,sure that before you voted on this tonight, you must have asked
for legal opinion of whether you would have a right to do it or not, so, whatever
legal opinion he gave you, wouldn't we be entitled to what that legal opinion is?
SUPERVISOR HARRIS: If a legal opinion was required, of course you would.
ED SIEGMANN: Did he give you a legal opinion?
4 4 , DECEMBER 7, 1993
SUPERVISOR. HARRIS: I'm not going to answer that, Ed, because I haven't been
advised, or consulted with the Town Attorney in reference to this. Anyone else
before we make a motion to adjourn?
JOE RISTUCCIA: My name is Joe Ristuccia. I'd like to carry through or follow
up on Ed Siegmann's question to you. l think that this town is entitled to a legal
answer, because as ;far as I'm concerned, I think there's some legality here., I mean
we just found out that this wasn't_ even put on the agenda, and all of a sudden. .
SUPERVISOR HARRIS: It was on the agenda, Mr. Ristuccia. It was,on the agenda.
JOE RISTUCCIA: I: don't see it there. But I don't see it.
SUPERVISOR HARRIS: It's Executive Session.
JOE RISTUCCIA: But, anyhow then answer Ed Siegmann's question. I think this
town deserves that explanation. You are the Supervisor, Scott, Mr. Harris, and
I think this community, after voting the way it did on November 3rd, deserves an
answer. Secondly, I think the reason that Alice voted, no, is an appropriate one.
There was no application made. All of sudden this guy was materialized from nowhere.
Does he have qualifications to .be a Planner?
SUPERVISOR HARRIS: Yes.
JOE RISTUCCIA: What are his qualifications?
SUPERVISOR .HARRIS: Fourteen years he served this public diligently.
JOE RISTUCCIA: That's not qualification enough.
SUPERVISOR HARRIS: It certainly is, and the position he held. .
JOE RISTUCCIA: There are a lot of people who served more than fourteen years.
SUPERVISOR HARRIS: He served in an elected position for fourteen years, and
certainly has the ability to conduct himself on the Planning Board admirably, as
anyone else would expect.
JOE RISTUCCIA: But then Mr. Orlowski had served what, nine years on the Board?
SUPERVISOR HARRIS: I don't know how many years. It was a number of years.
JOE RISTUCCIA: Okay? Don't you think that holds for something? Fourteen years?
I think, really, I'm surprised, Scott. I've always held you in high regard, and I've.
held this Board on high regard, however, now, I'm beginning to wonder. The
integrity question here. .
SUPERVISOR HARRIS: Mr. Ristuccia, the Board had to end the gridlock, and it
ended it.
JOE RISTUCCIA: I, disagree with this. I disagree with this vote, and I applaud
the two members, who ,did not vote for it. We will have to see what will happen with this
matter, as far as a ;legal question. Thank you.
SUPERVISOR HARRIS: Yes?
RUTH OLIVA: Again, I'll just continue with what Mr. Siegmann said about a legal
opinion. I'd like a legal opinion from the Town Attorney whether you're allowed to
approve a change of zone, as to Jem Commons, when the applicant has come back
in and done some horse trading .at the table, then come back in with new maps, new
CSR's. The Board was not aware of these CSR's until about five minutes before
they enacted it, decided to go with it, and, also, he also came in with the CSR's
and I'd like a legal opinion whether you are allowed to do this without having another
public hearing? I don't think you are. I think it's highly illegal, but then, again,
I think this Board has done a few little things like that.
SUPERVISOR HARRIS: If the Town Attorney would like to address this, he
certainly may.
DECEMBER 7, 1993 4
ASSISTANT TOWN :ATTORNEY KIERNAN: In four years, it seems to me, that when
thinks really get tough everyone looks to the Attorneys. Let me respond to the first
question. The only provision that I'm aware of is the Town Board's authority to
appoint the member of the Planning Board is that, the individual be a resident of
the town. I think ithat's the only law you're going to find on the books, in the Town
Law. As far as a procedural regulation regarding interviewing the applicant, or
having resumes submitted, I think you just have a. .there's nothing in the law that
speaks about that. : It's done on a town by town basis. As far as the public hearing
on the maps, I know the Town Board was given a legal opinion by the Town Attorney
Harvey Arnoff many, many months ago, on the issue, and I see nd reason to
disagree with Mr. Arnoff's opinion, and it's unfortunate that he is not here tonight
to set it forth here in publc
RUTH OLIVA: I think you ought to recheck it though, Matt, because 1 have some
legal opinions that another lawyer had given me, and it looked to me in the Municpal
Town Law, that if;you had a situation, as you have with Jem Commons, and with
Southold Commons,1 Mr. Kontokosta coming back in here, that the people were entitled
to another public hearing, because this was a comp!ete change of maps, and what
have you. This was not an insignificant change. This was a major change, and
I think it would require a public hearing
ASSISTANT TOWN ATTORNEY KIERNAN : Well, Ruth, if the Town Board. .
SUPERVISOR HARRIS: Would you state you name for the record, again, please.
RUTH OLIVA: Ruth Oliva.
ASSISTANT TOWN :ATTORNEY KIERNAN: Ruth, if the Town Board directs me to
look into it, I'd bel happy to look into it. If I'm here in January, when you take
office, and you so direct I'll be happy to look into it then.
JOE RISTUCCIA: 1'd like to respond to Mr. Kiernan's remark about the qualifications
for Planning Board member.
SUPERVISOR HARRIS: Would you state your name, again, please?
JOE RISTUCCIA: My name is Ristuccia. Your statement that the only qualification
a person needs is being a resident of the Town of Southold is perhaps true. However,
you're skating on very, very thin ice, and what I want to brined to your attention
is precedent and custom, and what is customary. I think if you look into the record
of all the appointments, there have been interviews. As a matter of fact, the indivi-
duals have to apply. Mr. Smith hasn't even applied, that is as of right now.
Somebody pulled his name. out of the air. There's .nothing on file. As of right now,
I'd like to perhaps; lock the records up just to make sure that that's done, so there's
no finagling going ;on, because I don't trust anything that's going on here now.
From here on in I 'don't trust any of the other members who voted against this, and
I want to stand on the record. You people have been playing around too much with
this past election, and that's why you were overwhelmly defeated, because you've
been playing this game with many different individuals. You fired Reeves. You ' .
tried to fire Scopaz. You fired the Building people. You're involved. in so many
different shenanigans, and you really don't know what you're doing.
JUSTICE EDWARDS: I disagree with you.
JOE RISTUCCIA: You're entitled to that, Ray.
JUSTICE EDWARDS: Damn right, and I do.
JOE RISTUCCIA: And I'm entitled to my opinion. Thank you.
SUPERVISOR HARRIS: Anybody else at this time?
ED SIEGMANN : I'd like to follow up with the explanation that you gave. Is there
anything in the Code of Ethics in the Town, that you could look at that will give
you an answer, or: do you have a Code of Ethics?
4 6 DECEMBER 7, 1993
ASSISTANT TOWN ATTORNEY KIERNAN : What was your question?
ED SIEGMANN: The question was to give me a legal explanation for the way this
man was given the job, and you gave an explanation saying, the only thing that's
necessary is for him to be a resident of Southold. Now I'm saying, if you look
further, if you have a Code of Ethics in the Town, is there anything in that Code
of Ethics, which would indicate to you whether this was done properly or not?
ASSISTANT TOWN ATTORNEY KIERNAN : There's nothing in the Town Law, or the
Code of Ethics, which would prohibit the Board doing what they did tonight.
SUPERV17SOR HARRIS: Anybody else at this time?
MARGARET BROWN : My name is Margaret Brown. I guess I'm qualified to be on
all the Boards, too, because I've been busy volunteering for at least twelve years.
In any event, history i.s written in very interesting ways, and in very pecular
moments, and I think we just saw a pecular moment in Southold Town's history, and
those of you who voted for these unpopular changes will have your names attached
to these things for years to come, and I hope that you will be proud of them as the
years go by.
SUPERVISOR HARRIS: Thank you. Anybody else?
VICTOR BROWN : Victor Brown of the Stewardship Task Force. You know I have
to think of all the hundreds of 'hours, that the Task Force has contributed, and
time towards their efforts on all the matters that have to do with open space, and
farmland preservation, Scott, and I, also, have to comment on the very interesting
exposure, that we had last night. We went to the Mario Cuomo's Task Force meeting
last night in Riverhead, and found that there's a strong similarity between a lot of
the ideas that the Stewardship Task Force has set forth, and wants to set forth as
initiatives that would fall into the catagory of getting you to delay, just a little while,
until we have a little more time to look at TDR's. It's interesting to note that the
Governor's Task Force had a lot of similar ideas, just very much parallel to our ideas,
too. So, it's like saying, well, gosh, you know we've been doing the right thing.
Why aren't you guys doing the right thing as far as giving us a break? We've been
spending a lot of time. I side with Margaret Brown. 'She's put in a lot of time. I've
put in a lot of time. The Task Force has put in a lot of time. Then all of a sudden
we're getting a great big surprise. You, guys, what are you doing? You know it's
strange, and it's 'a real put-down, I think, to the Task Force, and I'm sorry about
that. I'm really sorry. It makes me very unhappy.
SUPERVISOR HARRIS: Thank you. Yes?
RONNIE WACKER: Ronnie Wacker. I first wanted to say, that if this is okay, that
we don't have to put in an application to a position on an appointed board, then
I shouldn't have bothered last Thursday. I've been thinking for several weeks,
that I would. like to ,serve on the Conservation Advisory Council, and I think that
I have the qualifications for it, and someone said, well, you know if you want to
do that, you're late; baby, because today is the last day. I thought, oh gosh, I'd
better do something about it, so I wrote out a note, and I faxed in 'to Judy. I said
that I know this is the last day. I do want to be considered. I'll get a resume in
the next day, so what ever I had' the next day I put aside, and I got that resume
in. I should not have bothered. I should have called up one of you guys, and
you would have been happy to consider me, I'm sure.
SUPERVISOR HARRIS: Anybody else at this time? (No response.) I'll entertain
a motion to adjourn.
Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 5:15 P.M.
Vote of the Town Board: Ayes: Councilwoman -Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
�Judith�T�. Terry
Southold Town Clerk