HomeMy WebLinkAboutTB-07/26/1994 421
SOUTHOLD TOWN BOARD
JULY 26; 1994
Present: 'Supervisor Thomas Wickham, Councilwoman Alice J. Hussie, Councilman
Joseph L. Townsend, Jr., Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Town
Clerk Judith T. Terry, Town Attorney Laury P. Dowd. Councilman Liz.ewski (11 :25 A.M.)
EXECUTIVE SESSION
w
9:15 A.M. - On motion of Councilwoman Oliva, seconded by Justice Evans, it was
Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes:
Supervisor Wickham, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva,
Justice Evans. Also -present: Town Clerk Terry, Town Attorney Dowd.----The Town
Board met with Special Counsel Frank Isler to discuss progress of the settlement of
the DEC Landfill lawsuit, and possible acquisition of open space property.
10:05 A.M. -. The Board met with Thomas Maher, P.E ., Dvirka and Bartilucci, to
discuss engaging his services to prepare technical work plans and analysis required
as part of the closure and post-closure investigation reports at the Cutchogue Disposal
Area (resolution no. 20) .
10:25 A.M. • - Mark McDonald, Planning Board member and Southold Town's Advocate
for Suffolk County Preservation or Open Space Funds, met with the Town Board to
discuss the County's Water Quality Protection Program. A letter was recently received
from the County Executive's office stating that at a recent meeting of the Environmental
Trust Fund Review Board it ..was agreed each town would send in a list of property that
each town wished the County to acquire under the Quarter Per Cent Program on its
behalf, listed in priority order, along with a Town Board resolution confirming the
priority. To discuss the priority list, the Town Board convened the following executive
session.
EXECUTIVE SESSION
10:40 A.M. - On. motion of Councilwoman Hussie, seconded by Councilwoman Oliva, it
was Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Wickham, Councilwoman Hussie, Councilman Townsend, Councilwoman
Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney Dowd, Mark.
McDonald.----Discussed .the possible acquisition of specific properties under the Quarter
Per Cent Sales Tax Program.
11 :00 A.M. - James Bunchuck, Solid Waste Coordinator, met with the Board to discuss
several items. He submitted a memo summarizing his position with regard to Councilman
Townsend's proposal to deliver boxes of Town Garbage Bags to the merchants who sell
them. Mr. Bunchuck's proposal included specific duties by the Town Clerk's Office
under the proposal, and the Town Clerk objected to certain aspects of the proposal.
It was agreed Mr. Bunchuck and Town Clerk Terry would meet and work out the
logistics so the Town can begin the service,----Mr: Bunchuck next reviewed' his
proposal and submitted additional information concerning the purchase of a truck and
payloader for the Transfer Station at Cutchogue. The • Town Board then authorized
Mr. Bunchuck to prepare the bid specifications for a tractor truck and a payloader;
and Account John Cushman will be asked to order a bond resolution from bond counsel.
422 JULY 26, 1994
11 :45 A.M. - Planning and Zoning Issues: The Town Board discussed the proposed
Local Law in Relation to ' Bed and. Breakfast Facilities and could not reach an agreement
with regard to minor B&B's and need for a public hearing. The Town Attorney will
revise it further and the. Board will discuss it again on August -----Pending decision:
on the Hamlet Density zone .changes on the Town Board's own motion were put on the
agenda for a decision (resolutions 21 through 26), with the addition of phrasing .in the
Morhing Enterprises and LBV Properties resolutions that the Town Board recognize
ffi-
that these properties have acquired vested rights in an approved subdivision' plan b
making substantial physical improvements on' the site, and the Town Board agrees ta.
recognise the approved plan as a valid non-conforming use under the Southold Town
Code.
12 :40 P.M. - Recess for lunch.
2 :10 P.M. Work Session reconvened and Chairman John Sullivan and Frank Thorp of
the Board of Assessment_ Review met with the Town Board to bring them up to date
on their activities from Grievance Day this . year. There was, a brief discussion on
revaluation, and a meeting Will be arranged between the Board of Assessors, the Board
of Assessment Review and the Town Board to discuss revaluation further...
2 :30 P.M. - Planning and Zoning. Issues continued: A synopsis of the Stewardship
Task Force recommendations was distributed to the Town Board members, and they were
asked to indicate whether they favor or not favor the specific recommendations, i.e.
New bond referendum for purchase of development rights, designate sending zones for
the transfer of development rights, adopt "Right to Farm" legislation, etc. They are
asked to submit comments, and prioritize the recommendations, and then submit to
Councilman Townsend for the Planning and Zoning Committee.----The signage and
illumination issue will be handled by the Code Review committee.
Policy and Finance Issues: Supervisor Wickham asked the Town Board to consider
restoring the Code Enforcement Officer position and putting it under the Town
Attorney's office. The issue was discussed and it was decided the Town Attorney
would sit down with the Building Department, Police Department, and Planning Boar
to assess the capacity Local
of those departments for enforcement.---Proposed " Lai
in Relation to. Burning" was placed on the agenda for a public hearing on August 9t .
(see resolutions 27 E 28) .----Memorandum from. the Town Trustees with regard to the
proposal by Councilman Lizewski to enact a catch-and-release law for Town ponds and
lakes. They feel most freshwater bass and pickerel anglers practice catch-and-release.
as a matter of course, even in freshwater tournaments. Also, trout fishing in waters
like Laurel Lake are put-and-take (stocked) , and the taking of trout seems quite in
order. The Town Board would still Like the Trustees to consider enacting a catch-and-
release program.----The Town Board discussed the format of their regular meeting.
They would like to add comments from the Board members which would enlighten the
public on that is discussed during the work .sessions.
3 :50 P.M. Community Development Administrator ' James McMahon introduced Aram
Terchunian and Walter Bundy to the -Board. Mr. Terchunian and Mr. Bundy are the
principals of First Coastal Corporation, consulting environmental engineers and
scientists, coastal geologists, and .environmental resource planners. They discussed
a proposal to review the Town's ' current programs relating to the Community Rating
System and prepare required application and supporting documentation for the Town
to submit to the Federal Emergency Management Agency to support a reduction in
flood insurance premiums in the Town of , Southold. Following the presentation,
Supervisor Wickham suggested, and the Board members agreed, that the Town might '
consider the proposal if the beneficiaries (residents of the Town who would benefit from
the reduced flood insurance premiums) would pay the consultant's fee of $6,500.00.
----Memorandum from Senior Accountant John Cushman requesting the Town Board to
consider a proposal to engage the services of Business Records Corporation to provide
professional services for expanding ,the Town's finance system account structure (see
.resolution no. 28) .
JULY 26, 1994 423
4:30 P.M. - Personnel Issues: Appointment of a part-time Custodian at the Human
Resource Center (resolution no. 30) .--Appointment of a part-time. Clerk Typist for the
Recreation Department (resolution no. 31) .--Appointment of a temporary, provisional
Clerk Typist for the Office of the Town Trustees while Jill Doherty is on maternity
leave (resolution no. 32) .--Memorandum ' from Legislator Gregory Blass asking for the
Town Board's nominee for a vacancy on the Council on Environmental Quality. Board
will take under advisement.--Memorandum from Senior Accountant John Cushman asking
if the Board wishes to continue to provide paid medical coverage to certain members
of the Board of Appeals who have been under the Town's plan for a number of years,
now that other members 'of the ZBA and Planning Board must pay for coverage if they
wish to be part of the Town's . plan. The Town Board agreed the two members already
receiving coverage should continue to do so.---Set 4:00 P.M., August 4th to interview
applicants for the Youth Support Committee.---Supervisor Wickham agreed to interview
applicants for the summer intern position in the Planning Board to serve for the
remainder of the summer, whereas Rebecca Greene is leaving on August 5th.---Town
Board set 8:00 P.M. , August 23, 1994 for a public hearing on the petition of the
property owners on Bayberry Lane, Wild Cherry Lane and Stony Shore Drive for a road
improvement district (resolution no. 33) , and placed a resolution on the agenda
authorizing the Town Clerk 'to advertise for bids, once the specifications are ready,
to improve the roads (resolution. no. •34) .
5 :00 P.M. - The Town Board reviewed the resolutions to be voted on at the 7:30 P.M.
Regular meeting.
5 :10 P.M. - Work Session adjourned.
9e 9c Y
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on July 26,
1994, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Wickham opened the meeting at 7:30 P.M. with the Pledge of
Allegiance ,to the Flag.
Present: Supervisor Thomas H. Wickham.
Councilman Joseph J . Lizewski
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney -Lawry L. Dowd
SUPERVISOR WICKHAM: We have a full agenda for this evening. We have
a series of for discussion items, that were conducted during the morning
and the afternoon, a series of resolutions, one public hearing, and various
opportunities for the audience to participate. Right now, we reviewed the
audit of the bills this morning. Anyone want to move their adoption?
Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the following bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $112,187.15; General Fund Part
Town bills in the amount of $165,677.63; Nutrition Fund bills in the amount
of $2,753.25; SNAP Program bills in the amount of $246.79; EISEP
Program bills in the amount of $347.40; Community Development Fund bills
in the amount of $69,263.36; Highway Fund Whole Town bills in the amount
of $8,459.12; Highway Fund Part Town bills in the amount of $24,688.60;
Lighting/Heating Capital A/C bills in the amount of $14,779.99; Employee
Health Benefit Plan bills in the amount of $14,779.99; Fishers Island Ferry
District bills in the amount of $232,795.89; Refuse 8 Garbage District bills
in the amount of $9,723.93; Southold Wastewater District bills in the '
amount of $17,008.33; Fishers Island Sewer District bills in the amount of
$98.47; Southold Agency E Trust bills in the amount of $3,173.78; Fishers
Island Ferry Agency 8 Trust bills in the amount of $674.75.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilmanl Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
424 JULY 26, 1994
Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the minutes of the July 12, 1994, Town Board meeting be
and hereby approved.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the next meeting of the Southold Town Board will held at
2:00 P.M., Wednesday, August 3, 1994 at Fishers Island, New York, and
the next regularly scheduled meeting of the Southold Town Board will be
held. at 4:30 P.M., Tuesday, August 9, 1994, at the Southold Town Hall,
Southold, New York.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: You can see on your agenda. we've got four
reports before us, the Board of Trustees, the Recreation Department, the
Police Department, and the Supervisor's Budget Report for June. We had
this afternoon twenty separate issues that we took up in a discussion
format. We're not reviewing them today, and most of them do not appear
among the resolutions that we're going to consider. On the last page of the
agenda was the sequence in which we took them up, and the manner that we
dealt with them.
I. REPORTS.
1 . Southold Town Trustee's Monthly Report for June, 1994.
2. Southold Town Recreation Department Monthly Report for June, 1994.
3. Southold Town Police Department Monthly Report for June, 1994.
$. Southold Town Supervisor's Monthly Budget Report for June, 1994.
II . PUBLIC NOTICES.
1 . Corp of Army Engineers, New York District, application of Edward
Hindermann to install a fixed open walkway, hinged ramp and floating
dock to be secured by two 2-pile dolphins, located at East Creek; Great
Peconic Bay, Cutchogue, Town of Southold, New York. Comments to be
received by July 28, 1994.
III .' COMMUNICATIONS. None.
IV. PUBLIC HEARINGS.
1 . 8:00 P.M., on a proposed "Local Law in Relation to Parking by
Permit".
V. RESOLUTIONS.
SUPERVISOR WICKHAM: We have before us now a series of resolutions, and
at this time anyone who would wish to address the Board on any one of
these resolutions, that we're about to take up, is invited to do that. There
will be an opportunity after the meeting to address the Board on these
resolutions, or anything else that you would like to do. Is there anyone
who would like to address the Board on any one of these resolutions before
us? (No response.) If not, would someone like to proceed?
I .- Moved by Councilwoman Hussie, seconded by Councilwoman Lizewski, it
was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
resignation of Beverly Norkelun as a SNAP Driver for the, Sunday home
delivered meals, effective July 3, 1994.
1 -- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
JULY 26, 1994 425
2.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following budget modification to the General Fund - Whole Town 1994
Budget to appropriate Kaplan Grant funds for Stewardship Task Force
expenses:
Revenues•
A2705 Gifts & Donations $ 283.99
From
A1010.4 Town Board, Contractual' Expenses. $ 283.99
2.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
3.- Moved by Justice Evans, 'seconded by Councilwoman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for applicants for School Crossing
Guard.
3.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
4.- Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
James McMahon . to submit applications to the New York state Department of
Environmental Conservation to construct stormwater run-off mitigation
systems at the following locations:
Gagen's Landing Road, Southold
Waterview Drive, Southold
Smith Drive South, Southold
Mason Drive, Cutchogue
Locust Avenue, Mattituck
COUNCILWOMAN OLIVA: I would just like to add that these are projects
that the Town will be taking mitigate stormwater runoff to improve the
shellfishing condition of our creeks.
4.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
5.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva; it was
RESOLVED that the Town Board of the. Town of Southold hereby authorizes
James McMahon to submit an application to the New York State Department of
Environmental Conservation, Southold Town Trustees, Army Corps of
Engineers, and New York State Department of Coastal Management Program
to construct a concrete boat ramp at Sandy Beach Road, Greenport.
5.- Vote ` of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
6.- Moved by Councilwoman Hussie, . seconded by Supervisor Wickham, it was
RESOLVED that theTown Board of the Town of Sotuhold hereby grants
permission to the American Diabetes Association, New York Downstate
Affiliate, Inc., to use "the following Town Roads on Sunday, September 11,
1994, for their Tour 150 cycle event, provided they file with the Town Clerk
a One Million Dollar Certificate of Liability Insurance naming the Town of
Southold as an, additional insured: Peconic Bay Boulevard, New Suffolk
Avenue, Eugene Road, Skunk Lane, Leslie Road, Indian Neck Road,
Ackerly Pond Lane, Soundview Avenue, Kenny's Road, Bridge Lane,
Oregon Road, Mill Lane, and Sound Avenue.
6•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
426 JULY 26, 1994
7•- Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute Partial Payment Request
No. Three to the Federal Aviation Administration in' the amount of
$590,243.00, and Partial Payment Request No. Two to the New York State
Department of Transportation in the .amount of $31,007.88, with regard to
the Fishers Island - Elizabeth Field Runways 7-25 and 12-30 Overlay
(Construction) Project, all in accordance with the approval of CSS
Engineers; Inc., the Town's consultants for the project.
7.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
8.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
a reimbursement fee of $.20 per mile for Southold Town .Lifeguards acting as
rotating Lifeguards .(Lifeguards who drive from beach to beach giving other
lifeguards. a 15-20 minute break) .
8•- Vote of. the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
9.- Moved by Justice Evans, seconded by Councilwoman''Olvia, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Supervisor Thomas Wickham to endorse two (2) checks from the New York
State Affordable Housing Program for participants . in Southold Villas,
Section 11, Lots 10 and 11.
9.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
10.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it .was
RESOLVED that the Town Board of the. Town of Southold hereby authorizes
an advance check in the amount of $572.00 for the August 2, 1994 Bronx
Zoo Bus trip (50 adult tickets at $6.40 each, 42 children at $6.00 each);
said charge to ' be made to A7320.4, Joint Youth, Contractual Expenses,
check made payable to New York Zoological, Society.
10.- Vote of the. Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
11 .- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Personnel Assistant Barbara Rudder to attend a Career Workshop at the
Holiday Inn, Riverhead, New York, on Tuesday, September 20, 1994,
between the hours of 8:30 A.M. and 4:00 P.M., and the actual expenses for
registration, lunch and transportation, using a Town vehicle, shall be a
legal charge to the Accounting E Finance Department.
11 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
12.- Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
bid of Corazzini Brothers, Inc., in the amount $29.75 per ton, for
supplying the Southold Town Highway Department with One Thousand
(1,000) tons, more or less as may be needed, of Sand Mix Asphalt, all in
accordance with the bid specifications.
12.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
JULY 26, 1994 427
13.- Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the closure of Village Lane, orient, between the intersections of Orchard
Street and Fletcher Street, as a safety measure, between the hours of 10:00
A.M. and 4:00 P.M., Saturday, August 13, 1994, while the Oysterponds
Historical . Society, Inc. is holding its annual fair, "18th Century Day",
provided they file with the Town Clerk a One Million Dollar Certificate of
Liability. Insurance naming the Town of Southold as an additional insured.
13.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
14.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Dwayne Farley and Adam Patum as weekend SNAP Drivers (Supplemental
Nutrition Assistance Program), effective immediately, at a salary of $5.00
per hour.
14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
15.- Moved by Justice Evans, seconded by Councilwoman 'Oliva,
WHEREAS, there has been presented to the Town Board of the Town of
Southold a proposed Local Law entitled, "A Local law in Relation to Whistler
Avenue"; ,now, therefore, be it
RESOLVED that the Town Board hereby set 5:05 P.M., Tuesday, August 9,
1994, Southold Town Hall, Main Road -'Southold, New York, as time and
place for a public hearing on this proposed Local Law, which reads as
follows:
A Local. Law in Relation to Whistler Avenue
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold
is hereby amended by adding thereto the following:
1 . Article IV, Section 92-41 (Parking prohibited at all times) is
hereby amended by adding thereto the following:
Name of Street Side Location
Whistler Avenue South At Fishers Island, from the
southeasterly cornea of the
intersection of Whistler Avenue
and Airport' Road easterly for a
distance of 1795 feet.
Il . This Local Law shall take effect upon its filing with the Secretary of
State.
Underline indicates additions.
15.-Vote of the Town - Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
. 16.- Moved by Councilman Townsend, seconded by J.ustice Evans, 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 engage
the services of Jesse A. Marshall as a part-time Deckhand, effective
immediately, at a salary of $5.75 per hour.
16.- Vote of 'the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
17.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the ;Town Board of the Town of Southold hereby accepts the
resignation of Rebecca Greene, summer intern in the Planning Board
office, effective Friday, August 5, 1994.
17.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
4 2 8 JULY 26, 1994
18.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of theTown of. Southold hereby accepts
the following bids for the purchase, from the Town of Southold, various
used vehicles in- as-is condition:
To Yehuda Yanay, New York, N.Y. :
1992 Ford Crown Victoria, Vin.#2FACP72W6NX206523 - $2,575.00
1992 Ford Crown Victoria, Vin.#2FACP72W1NX206526 - $2,575.00
1`988 Chevrolet Caprice, It. blue, Vi-n.#1G1BL5160JA159752 - $1,475.00
To North White Auto Sales, N. White Plains, N.Y. :
1988 Chevrolet Caprice, dk. blue, Vin.#1G113L5162JR193774 ,- $1,400.00
1989 Chevrolet Caprice, Vin.#1G1BL5179KR202268 - $1,800.00
1989 Chevrolet.Caprice, Vin.#1G1BL5174KR209970 - $1,700.00
1980 Dodge Van, blue, Vin.#B32JEAK111393 - $10.00*
1980 Plymouth' Van, blue, Vin.#BC6Tak137973 - $10.00
Chambers Auto Sales, Trenton, N.J. :
1989 Chevrolet Caprice, Vin.#1G1BL5177KR201040 - $1,401 .00
1988 Chevrolet Caprice, white, Vin.#1G1BL5161JA159856 - $1,301 .00
Fred J. Gallo Used Auto Parts, Inc. , Riverhead, N.Y. :
1982 Dodge pickup, white, . Vin.#JB7FP2474CY704104 - $51 .00
1984 Plymouth pickup, tan, Vin.#JB7FP24D6EY700869 - .$51 .0.0
1987 Dodge pickup, It. blue, Vin.#JB7FL29E8HP049266 - $128.06
1982 .Ford, blue, Vin.#EFABP35F5CB11223 - $69.00
Ed Stanley, Southold, . N.Y. :
1987 Dodge Van, It. blue, Vin.#2B5WB31TXHK279992 $527.12
Coastline Trucking, Inc., Southold, N.Y.
1956 International Dump. Truck, Lt. blue, Vin.#RD40666889 - $205.00
18.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
19.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED .that the Town Board of the Town of Southold hereby accepts the
following bids to furnish and place . Asphalt Concrete with the Town of
Southold, as may be required, for a period of one (1) year, all in
accordance with the bid specifications:
Delalio Coal E Stone, Inc.
d/b/a South Fork Asphalt Corp., East Hampton, N.Y.
0 - 350 tons - $46.75 per ton
Corazzini Brothers, Inc., Greenport, N.Y.
350 - 650. tons - $42.00 per ton
650 - 1,000 tons - $39.50 per ton
over 1,000 tons - $39.00 per ton
AND BE IT FURTHER RESOLVED that Supervisor Thomas Wickham be and he
hereby is authorized and directed to execute a contract between the Town of
Southold and Delalio Coal 8 Stone, Inc., d/b/a South Fork Asphalt Corp.,
and the Town of Southold and Corazzini Brother, Inc. for the aforesaid
services.
19•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
JULY 26, 1994 r "
20.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold accepts responsibility
for closure and post-closure measures related to the closed Cutchogue
Landfill and the Fishers Island metal dump; and
WHEREAS, there are many technical options to be explored in designing
optimum closure and post-closure measures for these two landfills; now.
therefore, be it
-RESOLVED that the Town Board of the Town hereby authorizes and directs
Supervisor Thomas Wickham to execute a contract between the Town of
Southold - and Dvirka E Bartilucci, Inc. (DEB) to engage the services of
Thomas Maher to assist the Town in preparing the technical work plans
and analysis required as part of the closure investigation reports, and to
assist in related matters, all in accordance with the approval of the Town
Attorney; and be it
FURTHER RESOLVED that the Town Board authorizes up to $6,000.00 for
this purpose.. based on agreed hourly rates for Mr. Maher and his
associates, and chargeable to the General Fund - Whole Town Account.
20.- Vote of the, Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
21 .- Moved by Councilman Townsend, seconded by Councilwoman Oliva,
WHEREAS, .the Town Board of the Town of Southold, upon examination and
discussion of a report entitled, "Review of ' Hamlet Density zoning in the
Town of Southold", dated February, 1994, concluded that Hamlet Density
zoning of the Kace Realty Co. property located on the south side of Route
48, 1000 feet east of Chapel Lane, Greenport, SCTM#1000-40-3-1, is not
appropriate, and detailed their reasons in their resolution of April 5,
1994; and
WHEREAS, based on their findings of April 5, 1994, the Town Board
resolved to change the zone on their own motion on the Kace Realty
property from Hamlet Density (HD) Residential District to Low Density
Residential R-80 District; and
WHEREAS, the proposed .change of zone 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 28th day of June, 1994, at which time all ,.interested
persons were given an opportunity to be heard; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold, on their own
motion, hereby changes the zone on the property of Kace Realty Co. from
Hamlet Density (HD) Residential District to Low Density Residential R-80
District. Said_ property is described 'as follows:
Beginning at a point on the southerly line of Middle Road (C.R. 48) at the
northeasterly corner of the land of the Village of Greenport and the
northwesterly corner of the premises herein described, said , point being
1541 .40 feet easterly from the easterly, line of Chapel Lane; running thence
along said line- of Middle Road three courses: (1) Easterly on a curve to the
right having a radius of 1399.39 feet, a distance along said curve of 43.85
feet; thence (2). N.610 23'20"E.-393.50 feet; thence (3) N.5804613011E.-352.38
feet to land of Judith Fenno; thence along said land two courses: (1) S.230
34'20"E.-427:38 feet; thence (2) S.21 °23'30"E.-106.0 feet to land of the
Village of Greenport; thence along said land six courses: (1) S.230
49'00"W.-241 .26 feet; thence (2) S.50 08'30"W.-671 .42 feet; then (3) N.680
42'10"W.-432 feet; thence (4) N.22018100"W.-564.52 feet; thence (5) S.720
41' 10"W.-119.90 feet; thence (6) N.0053'30"W.-343.58 feet to the point of
beginning. Contains 17.188 acres.
21 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman .Lizewski.
This resolution was LOST.
430 JULY 26, 1994
COUNCILMAN LIZEWSKI: I have asked to give a reason, for the record,
why I voted no on HD zone changes. First, I believe the people granted
these zone changes did so in good faith. I believe they_ deliberated, and
made their decisions based on public hearings, and much debate. I believe
that the zone changes conform to the Master Plan at the time of the
decision. I, also, believe that most of zones are in compliance with today's
Master Plan, conform. to the recommendations of the Stewardship Task
Force. These density zoned areas certainly would be receiving areas for
TDRs. To strip the value of these parcels of ' land to make them available
as receiving zones for TDRs at a later date is unconscionable. Taking
away the property rights of the owners of these HD areas show the lack of
all moral consciousness on the part of the ruling majority of this Board.
There was never any great provocation of the citizens of this town
demanding these zone changes. I do not believe that any government should
take away individual property , rights so callously in the name of public
good. These property owners .are also the public. From the onset it was
clear that an attempt to strip these owners of their .property lacked moral
fortitude. This Board carried on a deliberate attack to strip these people
of their rights. More thought was given to how to win and to perceive,
than the reason for. doing so. No thought was given to the consequences
placed on the owners with a change of zone. If this Board is successful in
changing the zones, you the public have lost a big--piece of your rights. If
this is successful your property could be next. Our newly elected majority
is a curious blend of people that share the belief that if one can legally
justify their action, then it is morally acceptable. Thank you.
SUPERVISOR WICKHAM: I'd like to make a brief comment. First, I'd like
to make a procedural comments, and that is the Town Clerk can ask that the
motion was lost dispite the fact that a majority of the Board voted in
favor of the resolution. The reason for that is, there is a provision in
the State Law, which says that in a change of zone, which this obviously is,
if the person who's property is being rezoned objects to it. Then a simple
majority of the Board is not enough to accomplish that change, rather it
take a simple majority plus one additional vote. In our case with a six
member Board, a simple majority is four votes, and applying this rule in our
case, it would mean we'd have to have five votes, and as you can see there
are four of us, who voted for the resolution, and two voted against it. ' I
would like to comment just very briefly. I think the •record is pretty
clear. The report that was prepared, supporting, all the supporting papers
that were behind the proposed change of zone for this property, and for the
other ones, is fairly clear. Several weeks ago we went to public hearing
With this. We listened and heard .a great deal of testimony and comments
from the public, and from the people who's properties are being affected.
I'd like to comment personally to say that I actually own some property in
this town myself, and I think if it ' were ' my property that we're being
upzoned, I would be deeply concerned about it, and I probably would
make the same kind of comment, that we just heard. from the Board, and
which. I think a number of people, too, have been deeply, concerned
personally about these properties themselves would be prepared to make.
But, as a Board member I think our responsibilities go beyond the
particulars of an individual parcel, or individual ownership, and my vote
stems from an effort to reflect what I think are the needs of the town as a
whole. It seems to me there is no demonstrable need for continued hamlet
'density of the number of those parcels that exist around the village of
Creenport. On the contrary, I think the fact that those parcels have been
largely: left undeveloped confirms the fact that there is no clear need for
them at this time. If there were a need at some future time they can, of
course, be resumed in that case. It seems to me that the less dense
zoning, that would be permitted at the R-80 level, which is what we are
proposing in these change of zones resolutions, is consistent with a. long
term interest of Southold Town.
JULY 26, 1994 431
22.- Moved by. Supervisor Wickham, seconded by Councilman Townsend,
WHEREAS, the Town Board of the Town of Southold, upon examination and
discussion of a report entitled, "Review of Hamlet Density Zoning in the
Town of Southold", dated 'February, 1994, concluded that Hamlet Density
zoning of the John Geier & Another property located on the south side of
Route 48, 400 feet west of Moores Lane, Greenport, SCTM#1000-40-4-1, is
not appropriate, and detailed their reasons in their resolution of April 5,
1994; and
WHEREAS, based on their findings of April 5, 1994, the Town Board
resolved to change the zone on their own motion on the John Geier 8
Another property from Hamlet Density (HD) Residential District to Low
Density Residential R-80 District; and
WHEREAS, the proposed change of zone 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 pubic hearing
thereon on the 28th day of June, 1994, at which time all interested
persons were given an opportunity to be heard; now, therefore, be it
RESOLVED that the town Board of the Town of Southold, on their own
motion, hereby changes the zone on the property of John Geier E Another
from Hamlet Density (HD) Residential District to Low Density Residential
R-80 District. Said property is described as follows:
Beginning at a point on the southerly line of North. Road (C.R. 48) at the
northwesterly corner of land of the Village of Greenport and .the
northeasterly corner of the premises herein described, said point being
350.68 feet westerly from the westerly line of Moore's Lane; running thence
along said land of the Village of : Greenport three courses: (1) S.40
01'10"E.-1106.0 feet; thence (2) S.840531301°W.-474.24 feet; thence (3) N.40
06'10"W.-830.50 feet to North Road; thence along North Road N.55°
01'10"E.-554.24 feet to the point of beginning. Contains 10.557 acres.
22.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman 'Hussie,
Councilman Lizewski.
This resolution was LOST.
23.- Moved by Justice Evans, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold, upon examination and
discussion of a report entitled, "Review of Hamlet Density Zoning in the
Town of Southold", dated February, 1994, concluded that Hamlet. Density
zoning of the LBV Properties property, located on the north side of Route
25, 1139 feet northeast of Sound Road, Greenport, SCTM#1000-35-1-25, is .
not appropriate, and detailed their reasons in their resolutions of April 5,
1994; and
WHEREAS, based on their findings of April 5, 1994, the Town Board
resolved to change the zone on their own motion on the LBV Properties
property f, -m Hamlet Density (HD) Residential District to Low Density
Residential R-80 District; and
WHEREAS, the proposed change of zone 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; 28th of June, 1994, at- which time all interested persons
were given an opportunity to be heard; and
WHEREAS, based on input received at the public hearing, the Town Board
recognizes that this property has acquired vested rights in an approved
subdivision plan by making substantial physical improvements on the site,
and the Town Board agrees to recognize the approved plan as a valid
non-conforming use under the Southold Town Code; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold, on their own
motion, hereby changes the zone on the property of LBV Properties from
Hamlet Density (HD) Residential District to Low Density Residential R-80
District.
The legal description of the aforesaid property is as follows: Beginning at
a point on the northerly line of Main Road (also know as North Road) at the
southwesterly corner of the premises herein described, said point being
432
YaL'Y 26, 1994
2190.15 feet, easterly from the easterly line of Sound Road; running thence
along . said ..land of Schofield and McIntosh two courses: (1) N.110
31'10"W.-210.0 feet; thence (2) N.19016!00"W.-344.0 feet; thence continuing
along said land and along other land of LBV Properties S.65'
47'10"W.-544.21 feet; thence continuing along . said other. land of LBV
Properties S.66° 36'40"W.-765.20 feet to land of Jem Realty Co.; thence
along said land four courses: (1) N.41039110"W.-505'.36 feet; thence (2) N.650
0750"E.-376.40 feet; thence (3) N.32028110"W.-982.87 feet; thence (4) N.32°
57'20"W.-410.00 feet to Long Island Sound; thence along Long Island Sound
seven courses: (1) N.44°12'40"E.-564.0 feet; thence (2) N.25°16'40"E.-398.1.2
feet; thence (3) N.58°57'20"E.-601 .09 feet; thence (4) N.42°36'50"E.-169.85
feet; thence (5) N.57°59'40"E.-188.68 feet; thence (6) N.41° 51'20"E.-322 M
feet; thence (7) N.31015110"E.-483.72 feet to land of Island's End Country
Club; _thence along said land fourteen courses: (1) S.30010'40"-910.0 feet;
thence (2) S.310 03'40"E.-300.01 feet; thence (3) S.28o 19130"E. -89.61 feet;
thence, (4) S.130 46'30"E.-33.68 feet; thence (5) S.27o 56150"W.-65.47 feet;
thence (6) S--.9*19'40"E.-179.94 feet; thence (7) S.10341001" 'E.-300.20 feet;
thence (8) S.3 040'0011E.-100.0 feet; thence (9) S.00 041-.20"W.-172.71 feet;
thence (10) S.5018'49"E.-100.93; thence (11) S.Oo 391;30"E.-100.15 feet;
thence (12) S.1 °45'00"E.-434.17 feet; thence (13) S.70021000'E.-40.19 feet;
thence (14) S.760 49'10"W.-155.11 feet; thence continuing along said land and
along land of Ripley .S�.24°34'30"E.-805.0 feet to the Main Road; thence
along Main Road S.66001'20"W.-634.76 feet to the point of beginning.
Contains 132.09 acres. -
23•- Vote of the Town Board: Ayes: Justice Evans,, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolution was LOST
24.- Moved by Councilwoman Oliva, seconded by Supervisor Wickham,
WHEREAS, the Town Board of the Town of Southold, upon examination and
discussion of a report entitled, "Review of Hamlet Density Zoning in the
Town of Southold", dated February, 1994, concluded that Hamlet Density
zoning of the Mohring Enterprises property located on the east side of
Chapel Lane, south. of Route 48 and north of Rout 25, Creenport,
SCTM#1000-045-2-10.5, . is not appropriate, and detailed their reasons in
their resolution of April' 5, 1994; and
WHEREAS, based on their findings of April 5, 1994, the Town Board
.resolved to change the zone on their own motion on the Mohring
Enterprises property from Hamlet Density (HD) Residential District to Low
Density Residential R-80 District; and
WHEREAS, the proposed change of zone 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 28th day of June; 1994, at which time all interested
persons were given an opportunity to be heard; and
WHEREAS, based on input received at the public hearing, the Town Board
recognizes that this property has acquired vested rights in an approved
subdivision plan by making substantial physical improvements on the site,
and the Town Board agrees to recognize the approved plan as a valid
non-conforming use under. the Southold Town Code; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold, on their own
motion, hereby changes the zone on the property of Mohring Enterprises
from Hamlet Density (HD) Residential District to Low Density Residential
R-80 District.
The legal description of the aforesaid property is as follows: Beginning at
the point of intersection of the easterly line of Chapel Lane with the
southerly line of - Middle Road (C.R.48), and running thence along Middle
. Road three courses: (1) N.5r 58150"E.-27..0 feet; thence (2) . Northeasterly
on a curve to the left having a radius of 749.20 feet, a distance along
said curve of 338.09 feet.;. thence (3) N.36033120"E.-440.0 feet to land of
Siolas and Tsounis; thence along said land S.53 ° 26'40"E.-460.05 feet to
land of Village of Creenport; thence along said land two courses: ' (1) S.180
37100"W.-448.87 feet; thence (2) S.410 26'30"E.-696_.77 feet to Lutheran
Church property; thence along said land three courses: (1) S.510
03'0011W.-659.82 feet; thence (2) N:881 22'40"W.550.0 feet; thence (3) S.761
41'30"W.-100.0 feet to the easterly line of Chapel Lane; thence along Chapel
Lane two courses: (1) N.20 5415011W.-272. 19 feet; thence (2) N.4°
19'20"W.-806.79 feet to the point of beginning. Contains 28.822 acres.
24,- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski. Jr
This resolution was LOST.
JULY 26, 1994 4
4
COUNCILWOMAN HUSSIE: May I say something here? While I agree that
one of Southold Town's premier assets is our open space and that we must
protect our environment, I cannot concur with those who would protect those
environmental assets at the expense of the rights of property owners, who
in this and the previous instances have held these rights for many years.
To take these property rights without any compensation considered or
offered is unconscionable. The argument that an equitable distribution of
housing density is desirable is a good point. However, no attempt has been
made to redistribute such density, and this lack of action brings into
question the intent of the Town planning goals. . Any zone change must be
calculated to benefit the community as a whole, and must consider the
health, welfare and safety of that community. The cost of the land is the
singly most expensive item in housing, and the reduction in smaller land
parcels effectively shuts out potential homeowners of modest means.
25.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold, upon examination and
discussion of a report entitled, "Review of Hamlet Density Zoning in the
Town of Southold"; dated February, 1994, concluded that Hamlet Density
zoning of the John N'G. Siolas E Catherine Tsounis property located on
the south side of Route 48, 805 feet east of Chapel Lane, Greenport,
SCTM#1000-45-2-1, is not appropriate, and detailed their reasons in their
resolution of April 5, 1994; and
WHEREAS, based on their findings of April 5, -. 1994, the Town Board
resolved to change the zone on their own motion on the John G. Siolas E
Catherine Tsounis property from Hamlet Density (HD) Residential District
to Low Density Residential R-80 District; and
WHEREAS; the proposed change of zone 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 28th day of June, 1994, at which time all interested
persons were given an opportunity to be heard; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold, on their own
motion, _ hereby changes the zone on the property of John G. Siolas E
Catherine Tsounis from Hamlet Density (HD) Residential District to Low
Density Residential R-80 District.
The legal description of the aforesaid property is as follows: Beginning at
a point on the southerly line of Middle Road (C.R. 48) at the northeasterly
corner of land of San Simeon Retirement Community, Inc., and the
northwesterly corner of the premises herein described, said point being
805.09 feet easterly from the easterly line of Chapel Lane; running thence
along said line of Middle Road N.36 33'20"E.-124.20 feet to land of Village
of Greenport; thence along said land two courses: (1) S.53 2614011E.-419.85
feet; thence (2) S.18 37'00"W.-130.54 feet to said land of San Simeon
Retirement Community, Inc.; thence along said land N.53 26140"W.-460.05
feet to the point of beginning. Contains 1 .25 acres.
25.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewsk.
This resolution was LOST.
26•-Moved by Councilwoman Oliva, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of Southold, upon examination
discussion of a report entitled, "Review of Hamlet Density Zoning in the
Town of Southold", dated February, 1994, concluded that Hamlet Density
zoning of the Jem Realty Co. property located on the north side of Route
25, 564 feet east of Sound Road, Greenport, SCTM#1000-035-1-24, is not
appropriate, and detailed their reasons in their resolution of April 5,
1994; and
WHEREAS, based on their finding of April 5, 1994, the Town Board resolved
to change the zone on their own motion of the Jem Realty Co. property
from Hamlet Density (HD) Residential District and Low Density Residential
R-40 District to Low Density Residential R-80 District; and
WHEREAS, ' the proposed change of zone 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 28th day of June, 1994, at which time all interested
persons were given an opportunity to be heard; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold, on their own
motion, hereby changes the zone on the property of Jem Rea1'ty Co. from
Hamlet Density (HD) Residential District and Low Density Residential R-40
District to Low Residential R-80 District.
434 JULY.26, 1994
The legal description of the aforesaid property is as follows: Beginning at
a point on the northerly line of Main Road. (also known as North Road) at
the southeasterly corner of land of Sinuta and the southwesterly ' corner .of
the premises herein described, said point being 554.44 feet easterly from
the easterly line of Sound Road; running thence along said land of $inuta
N.26056120"W.-240.77 feet to land of Sledjeski; thence along said land two
courses: (1) N.30058100"W.-198.28 feet; thence (2) S.66°00130"W.-389.47• feet
to land of. Harrower; thence along said land and along land of others two
courses: (1) N.27047;30"W.-548.67 feet; , thence (2) N.27033120"W.-1306.69
feet to Land Island Sound; thence along Long Island "Sound four courses
N.60032120"E.-356.27 feet; thence (2) N.5801010011E.-386.0 feet; thence (3)
N.66° 10'00"E.-342.0 feet; thence (4) N.79° 13'30"E.-35,7.33 . feet to land of
LBV Properties; thence along said land four courses: (1) S.210
34'40"E.-410.0 feet; thence (2) S.210 05'30"E.-982.87 feet' thence (3) S.760
30'3011W.-376.40 feet; thence (4) S.300 16'30"E.-1085.53 feet to Main Road;
thence along Main Road two courses: (1) S.78009120"W.-329.44 feet; "thence
(2) S.75°15'00"W.-246.26 feet to the point of beginning. Contains 62.3 acres.
26.- Vote of the Town Board: Ayes.: Justice Evans, Councilwoman Oliva;
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No:
Councilman Lizewski.
This resolution was duly ADOPTED.
27•-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant to Article 8 of the Enyronmental Conservation
Law, State Environmental Quality Review Act, •and. 6NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice hereby given
that the Southold Town Board, in conducting an uncoordinated review of
this unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Burning",
which amends Chapter 36, (Outdoor Burning), by deleting, in its entirety,
the provision- for burning wastepaper, rubbish or other inflammable matter
or . materials, outdoors within the limits of the Town of Southold. The
proposal has been determined not to have a significant effect on the
environment because an Environmental Assessment Form has been submitted
and reviewed and the Town Board has concluded that no significant adverse
effect to the environment is likely to occur should the proposal be
implemented as planned.
27.- Vote of the Town Board: Ayes: Justice Evans, 'Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No:
Councilman Lizewski. .
This resolution was duly ADOPTED.
28.- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie,.
WHEREAS, there has been presented to the Town of Town of Southold, a
proposed Local law entitled, "A Local Law in Relation to Burning"; now,
therefore, be it
RESOLVED that the Town Board hereby sets 5:00 P.M.,; Tuesday, August 9,
1994, Southold, Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on this proposed Local law, which reads as
follows:
A Local law in Relation to Burning
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 36 (Burning, Outdoor) is hereby amended to read as follows:
1 . Section 36-2 (Rubbish fires) is hereby deleted in its entirety.
No- persorr shafh set fire-to or btn-rr,- or cause-te have- set fii e- to or
bt n-md; any- wastepapet-,- rubbis+r or other by ammab+e matter or
mater+als-;outdoors-mvithitt the limits of the Town of Sotxt+toid;-within
twerrtr4ive f 2 5� 'feet- of any- btd kd'hv Stm-hr matter maT be-fired- a n d-
btmrted in safe and- private pieces at k-&st- twerrty-f+ve f 25) feet- from
any- btriic M9; on+y when it- is- bt rred or set' fire- to it•r a meta+ can,-
masvrwy i-rch eratot- or a receptacie- made- of wire and- comgAeteFjr
covered-;with a tap so constructed-as to keep- pieces of meter+ais- fr Vitt
-
b+owing-away. AiF su--+r frre-s-mt,rst- be-extinguished-by- 9r80 parr.-; antF
in aH-cases dtre- regard- sha+l- be-g+den-to prevent- the creation .of a
smoke- or odor-nuisance:-
.. r
2. Section 36-3, 36-4, 36-5 and 36-6 are hereby renumbered 36-2, 36-3,
36-4, 36-5 consecutively.
II . This Local law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents, deletions r
JULY 26, 1994 43 5
28.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No:
Councilman Lizewski.
This resolution was, duly ADOPTED.
SUPERVISOR WICKHAM: I'd like to declare a recess in our adoption and
consideration of resolutions just now.
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was .
RESOLVED that a recess be called at this time, 8:00 P.M., for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
RECONVENED AT 8:05 P.M.
29.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement between
Business Records Corporation and the Town of Southold whereby BRC will
provide professional services for expanding . the Town's finance system
account structure, at a cost not to exceed $4,500.00; charge to be made to
A1680.4, Central Data Processing, Contractual Expenses.
29.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
30.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Walter T. Chance as a part-time Custodian for the Human Resource Center,
17-1/2 hours per week, at a salary of $7.00 per hour, effective immediately.
30.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
31 .-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Linda A. Knoernschild as a part-time Clerk Typist for the Recreation
Department, 17-1/2 hours per week; at a salary of $6.82 per hour, . effective
immediately.
31 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
32•-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Laurel Lee Macomber, as a temporary provisional Clerk Typist for the
Office of the Town Trustees, full-time, 35 hours per week, at a salary of
$21,786.94 per .annum, while Clerk Typist Jill. Doherty is on maternity
leave, effective September 19, 1994 through March 20, 1995.
32•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: This next resolution is a petition. of the owners of
the more than half of the real property fronting on Bayberry Lane, Wild
Cherry Lane, and Stony Shore Drive for the improvements of roads in their
subdivision.
Jr
436 JULY 26, 1994
33.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
At a Meeting of the Town Board
of the Town of Southold, Suffolk
County, New York, held on the
26th' day of July, 1994.
PRESENT: Thomas H. Wickham, Supervisor
Joseph J. Lizewski, Councilman
Alice J. Hussie, Councilwoman
Joseph L. Townsend, Jr. , Councilman
Ruth D. Oliva, Councilwoman
Louisa P. Evans, Town Justice
Members of the Town Board
-----------------------------------------
In
the Matter '
Of Order for Meeting to
Consider Petition for
The petition of the owners of more than one- Street Improvements
half of the real property fronting on Bayberry '
Lane, Wild Cherry Way and Stony Shore Drive '
for the improvement of said roads. '
---------------------------------------------------
WHEREAS, a written petition, dated May 23, 1994, was heretofore duly filed
with this board pursuant to Section 200 of the Town law of the State of New
York for the improvement of highways in said town knows as Bayberry
Lane, Wild Cherry Way and Stony Shore Drive, in. the Town of Southold,
and shown and designated on a certain map entitled "Map of Shorecrest at
Arshamomaque", surveyed by Van Tuyl Land Surveyors, Greenport, New
York, and filed in the Office of the;Clerk of the- County of Suffolk on April
6, 1971, as Map number 5584, and this day filed in the Office of the
Southold Town Clerk, by the permanent pavement of such portion thereof as
may be necessary, and the construction . of such curbs, gutters, catch
basins and drainage facilities as may be necessary; and whereas it duly
appears that such petition has been duly signed by the owners of real
property owning at least one-half of the entire frontage or bounds on both
sides of said highway; and whereas it duly appears that such petition was
also duly signed by resident owners residing in or along such highway; and
whereas such petition was duly, acknowledged or proved by all the signers
thereof in the same manner as a deed to be recorded; and whereas the
maximum amount proposed to be expended for the improvement of said
highways as stated in the petition is the sum of Fifty Thousand Dollars
($50,000.00), it is pursuant to the provisions of said Section 200 of the
Town Law of the State- of New .York, hereby
ORDERED that the Town Board of, the Town of Southold, Suffolk County,
New York, shall meet at the Southold Town Hall, at Southold, in said Town,
on the 23rd day of August, 1994, at 8:00 o'clock in the evening of
that day, for the purpose of considering the said petition and hearing all
persons interested in the subject thereof concerning the same.
33.Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: I would to very briefly comment. This an old
subdivision, who's roads were never (tape change) to get it up to level that
it could be offered to the town, and the town could accept it. That's the
purpose of it.
34.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the. Town of Southold hereby authorizes
and directs the Town Clerk to advertise for bids for the permanent
pavement and construction of curbs, gutters, catch basins and drainage
facilities, as may be necessary, of the highways in Southold known as
Bayberry Lane, Wild Cherry Way and Stony Shore Drive, as shown and
designated on a certain map entitled "Map of Shorecrest at
Arshamomaque", all in accordance with the bid specifications asApproved by
Superintendent of Highways Jacobs.
JULY 26, 1994 4 3 7
34.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was .duly ADOPTED.
35.- Moved by Councilman Townsend, seconded by Supervisor Wickham,
WHEREAS, there was presented to the Town Board of the Town of Southold
on the 12th day of July, 1994, a proposed Local Law entitled, "A Local law
in Relation to Parking by Permit" and
WHEREAS, a public hearing was held on this Local Law on the 26th day of
July, 1994, at which time all interested persons were given an opportunity
to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 15 - 1994,
which reads as follows:
LOCAL LAW NO. 15 - 1994
A Local Law in Relation to Parking by Permit
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . . Chapter 65 (Parking At Beaches) of the Code of the Town of Southold
is hereby amended as follows:
1 . Section 65-2-A. (Designation of parking areas requiring permits.)
is: hereby amended by adding the following:
20 Sound .Drive, Greenport, both sides, between Sound
Road and Sunset Lane.
21 Kenny's Road, Southold, west side only, from the
northwest corner of Lake Drive and Kenny's Road
northerly to the terminus of Kenny's Road.
II . This Local Law shall take effect upon its filing with the Secretary of
State.
* Underline indicates addition.
35.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: That ends the resolutions before us tonight. Is
there anyone in the audience, who would like to address the Board on any
matter of their interest? Yes?
MURIEL ANDREWS: I'm Muriel Andrews. I live on Indian Neck Lane in
Peconic. I was here at the last Board meeting, and I'm back again. I've
been trying to find out in regards to the ADD house the names of the
people on the Site Selection Committee, and after several conversations with
Lauren Grant, today she told me she was uncomfortable giving me the
names. Since the people representing the Town I feel it should be public
knowledge, therefore I completed this Freedom of Information application for
your consideration, and I would also like to reintegrate the request we made
at the last Board meeting, for the special Town Board meeting for the people
of Indian Neck to discuss this proposal.
SUPERVISOR WICKHAM: You certainly have a right to those names.
TOWN CLERK TERRY: I wish you had spoken to. me. I would have given it
to you immediately. It's public information. If you wait after the meeting,
I'll give it to you.
MURIEL ANDREWS: Great. Thank you.
SUPERVISOR WICKHAM: Anyone else, who would like to address the Board
on this or other matters?
DIANE SMITH: My name is Diane Smith, and I'd like to speak to the Board
on the Bed and Breakfast issue. B&B's are commerce, and commerce is
commercial. You're providing a service to the public, and accepting money
for it. B&B's should be in commercial areas. What is being suggested
here is that B&B's be allowed to operate in purely residential zoned
areas. That is bringing commercial into these residential use zoned areas.
B&B's should be where they enhance the area, where commerce already
exists, easily located, not where they commercialize a residential' area.
That a change. B&B's should be in the heart of town, not in residential
neighborhoods where they are not wanted. Residents should have the right
to heard to reject the B&B from coming in. You can not put restaurants
where you want, why then small hotels, B&B's, that serve f$od? During
the Strawberry Festival I was going along the road, and I saw a sign out,
and it was a very tacky cardboard sign, that said park in my driveway for
4. 3 8 JULY 26, 19.94
$5.00, and that, I think, kind of illustrates what can happen if we allow
anyone, and everyone to operate a Bed and Breakfast. B&B's should be
licensed and regulated, so if they are not operated properly, then their
license can be revoked. I think the disturbing thing about this new
proposed B&B Law is that your residential zoning will now not protect that
zoning, and your right to. protest and be heard will not exist.
SUPERVISOR WICKHAM: Thank you. Would anyone on the Board like to
respond on the issue of Bed and Breakfast, which was in part of the agenda
during the Work Session?
COUNCILWOMAN HUSSIE: I was hoping you'd ask. For everybody there a
proposed Code change will soon be brought to a Public Hearing for input
and your comments. The subject is permission to operate a Bed and
Breakfast establishment. The present Code grants permission for a B&B for
not more than 3 rooms to be rented to not more that 6 people, after
application and review by the Board of Appeals. Now .the Town Board is
proposing that 2 rooms can be rented with no restriction on the number of
people. If it gets permission from the Building Department, has 2 exits and
smoke alarms. This is called a minor B&B. A major B&B will be allowed to
rent 3 to 5 rooms, again with no limit on the number of people, but with
ZBA approval. I have argued to this Board that to allow by right B&Bs
in residential zones is a further invasion and erosion of individual
property rights. People who have home in secluded and private areas pay a
premium to- live there in first place. Their taxes are high, and they
usually receive no Town services because they are private, which is the key
word here. Bed and Breakfast operations are run to make money for the
owner. It is a business. I do not think that this kind of business should
be allowed without. the approval of the neighboring property owners. This
subject, B&Bs, has been addressed by the Code Committee, and some
citizens, but I would like to hear more from, whom I call, Mr. and Mrs.
Average Citizen. I really would like to know what you think about it.
SUPERVISOR. WICKHAM: Is there anyone else on the Board, who would like
to respond to Bed and Breakfast?
COUNCILMAN LIZEWSKI : In the Stewardship Task Force report and
recommendations, there's a lot here on tourism. It says, the tourist
industry should be seen to include the businesses of all those who come to
Southold for it's scenic, cultural, and recreational features. Included in
tourist is second home owners, retirees, seasonal renters, and overnight
visitors, and day trippers. Now, just the premise- to suggest to me that
second home owners, retirees, are in the same category as tourists, just
take the first premise, and tell me that there's some reasoning here that's
not really copacetic, then it gives different ways, of, how they want to have
more overnight accommodations, and one of them is, of course, revise the
Bed and Breakfast. But, the second thing that should be looked at is these
country inns, and I think that the Board has to start taking this whole
concept, and looking at it completely before decisions are made on
individual laws. Mr. Zweig would like us to pass a lot of these things
very quickly and he thinks a lot of these things are ready to go, but as
I've read this book several times the whole concept is much larger what some "
of these regulations' are going to be, and I'd like to just give you a little
bit on this country inn, because this is another avenue that can be taken,
and I want you to see the difference between country inns and B&Bs, but
they both appeal to tourism, and they both have a place probably out here.
It says, country inns, one way to accomplish both open space and
preservation in the establishment of additional hotel rooms is to allow the
use of large lots, that are currently zoned agricultural, conservational,
and residential. In, return for this more intensive use, which would more be
restrictively small portion of property the development rights and the .
majority of the portion of property would be extinguished, or transferred to
another parcel. So, the country. inns are basically are going to allow a
density in a home much greater, or in a building, much greater than you
would normally .have by trading away the rights to develop that property.
It goes on a little bit more, and then it says, the following, for -example
an inn with fifteen rooms, ' and ten tables, would have to extinguished the
development rights from the adjacent twenty-five acres. Now, if you want
to encourage things .like these country inns, I can't see how you want them
to compete with somebody who doesn't have to do anything for a bed and
breakfast in their own home. So, why would anybody want to preserve
twenty-five acres of land to have a forty seat country, inn, and have to give
up those rights to develop that land, if he's going to compete with somebody
in a residential neighborhood for rooms, who absolutely has to do nothing,
JULY 26, 1994 439
who puts up no ' land, preserves nothing for my town, and basically has it
as a matter of a right, as this law now stands. So, some of these ideas,
and some of these things we're going through I think we have to look at on
an overall view and realize that you're not going to get country inns to
compete for bed and breakfasts that have no regulations, and can come at
any time,. and basically are a matter of right in any community. So the
development of this entire plan is sort of important, but I think it has to
be looked at, and realize that we just can't have an overabundant of rooms,
and decide that country inns would be nice, because country inns preserve
a certain amount of land for us, if we let them, develop. So, the concepts
that are in here, I think have a lot to bear, but I think they have to be
looked at in entirety, and not be taken, as we're doing this .one thing at a
time, and trying to pass a regulation, which would have definitely effect on
another part of recommendations that are in this book.
SUPERVISOR WICKHAM: Is there anyone else out there, who would like to
address the Board on this issue of B&Bs?
DORIS MCGREEVY: My name is Doris McGreevy, and I'd like to address
the issue of B&Bs. -.. I thank you for giving me the opportunity, to speak
tonight about this, and I'm Mrs. Average Citizen. I feel that there is
quality in life in Southold, and when I think of tourism, how much are we
going to give up of the quality of life to satisfy tourism? I feel as a
homeowner, that it's very meaningful to me. I'm not a day-tripper. People
come and go. People enjoy it, and then they go home, but we stay here,
and it's important to us to have, and maintain that quality of life in our
neighborhood. Now, BBB, the minor B&B that you had mentioned has a
commercial nature to it, and I think anything commercial is fine, if it's
zoned in a commercial area. I think it should be placed in a business area.
People who own commercial strips know that they have been zoned for that
topic, for business. Keep business ' in business areas. Keep residential
areas for families and homes without transients marching in and out. If you
think about it every weekend, or every day, two to four people next door
to you coming and going, different people every day, it doesn't give you a
very stable feeling. I think that's what we need to hold on to. Also, I
think that we also have a right to say we don't want it. We really don't
want it in this context. We don't want it, and I think that's valid alone
for you to Listen to the people, who feel that they don't want it, and they
have a right to say they don't want it, just because they don't want it. It
has nothing to do with the people. It has to do with structure- It has to
do with the placing of them. Okay? I feel, also, that these are single
home occupancies, and it is of a commercial nature, because people are
making money. What constitutes a room? I think you should consider that,
the size of the room, when you consider what's going to be a BBB, what
type of room, how big, ' how many square feet? I think you should consider
that. Also, how skirting the law? How many people would have three rooms
being used as a B&B, and quoted two? How are you going to enforce this?
Can you check on that? You just can't walk into people's homes. That's
their castle. All these things, I think, have to be considered, when you're
thinking, about the minor BBB. Also, safety. Now, if you had a BBB next
to you, you don't know about smoking. What's the Fire Department feeling
on this? Have they been trained for this, because if it springs up
anywhere, if you give carte blanche to BEBs in any neighborhood, I
think these are the things that you should consider, and consider the people
and residents, and tourism is important, but the quality of life is far more
important, because that's what you're here for, and we're only here once.
SUPERVISOR WICKHAM: Thank you. Anyone else like to address the
Board on B&Bs? Yes, sir?
ROBERT SCALIA: My name is Robert Scalia. I'm here both as a
Director of the Paradise Point Association, and as a local realtor, and
businessman. The Paradise Point Association has asked me to monitor this
discussion of the modification of B&Bs, and to explain to the Board that
they're vehemently , opposed to this concept, that will enable anyone in any
area to operate a B&B. We consider this idea a threat to both our personal
security, our personal property, and we consider it to be diminution of
something that would cause the diminution of our property values. If
enacted our Association would certainly get together with other associations
that are talking about this subject, and form some sort of a coalition to
protect our rights, or personal property rights. We think that this is a
bad idea, and that it should have been put to sleep upon it's inception. As
a local realtor; I would really like the Board to consider the concepts, the
consequences of this action, because I can't believe that real thought has
440 JULY 26, 1994
been given to this. Think about the tax grievances that will .be filed.
would certainly. file a grievance on my taxes .if somebody was operating a
commercial establishment next door to me. Think about appraisers
appraising properties- for your constituents, and lower the value of their
appraisals, because. of commercial operations taking place in the residential
zone. Think about the concept about a group of property owners
associations taking action against their own Town Board for not representing
them. I ask you, please, put an end to this terrible idea. Thank you.
SUPERVISOR WICKHAM: Anyone else like to address the Board on B&Bs?
JAMES DINIZIO JR. : James Dinizio, Jr. I live on Sound Road,
Greenport. I'm a member of the Zoning. Board. I, too, have major concerns
with minor B&Bs, and their transition of residential property. -On the
Zoning Board, they come to us for special permission to have a bed and
breakfast, and anybody has a chance to stand up, and have their say, yes
or no for a bed and breakfast, and pretty much, I can only think of one
right now, that we didn't pass, and there were no extenuating
circumstances, but certainly a circumstance that considered, that you would,
consider not granting. But, in my mind thinking, you. know, as listen to
bed and breakfast, and as I think of a bed and breakfast, you know, you
think of lace curtains and doilies, and all that kind of like breakfast kind
of deal, and it's really nice and neat, and you know you think of the
Bartlett House in Greenport, which is very nice, and Lions Head, but you
know, it could very well be Sam's Bed and Breakfast. It could be just some
guy who really doesn't care. He really doesn't care. He has his friends, who
come out, and they drink, and they go fishing, and they come home at
night, and they want ,to party, and they get on that deck overlooking the
Sound, and you know, there could be four of them. There could be four
additional cars, and that's the danger that I have come to. To allow that
just simply by a person going down to .the Building Department, and getting
permits, and I think it's a threat to every person, any person, that owns a
house .in .Southold Town. I ask you, please, you shouldn't even consider. it.
Don't waste the people's time. Don't make them come here, and have to tell
you that it doesn't make common sense to have a commercial business in a
residential zone simply by giving a permit from the Building Inspector
without any oversight by the Zoning Board. I don't know if it makes any
sense, but I urge you, please, don't be inconsiderate. Now, that I've
gotten that .out of the way, bed and breakfast I've come to the conclusion
shouldn't be allowed in subdivisions. They shouldn't be allowed in areas
that the Town has designated as residential zones. Maybe only the Main
Road between the hamlets, certainly the roads are designed to have those
extra people, the neighbors wouldn't notice it, because there's always
people going by. Just consider the couple, just to me I looked at them, and
said, well, what about the neighbors? Do I know when they figured they
would buy when they were purchasing that house, say at the end of a road,
that they didn't have public access to any beaches, or anything, they said,
boy, no one is .going to be driving down here, but the people who own this
property. Now, to suddenly have a bed and breakfast pop up along side
with a potential of four different people riding down there, because even
though each has a separate car, it could be a husband and wife. They sleep
in the same bed in one room. They each could have a separate car. To me
it just sounds.. I wouldn't want it next to me, and I think we've got to
consider strengthening that law, not weakening it. I think we have to
strengthen it. Certainly strengthen it, take it away from certain areas,
and perhaps an overlay zone, or designate actual streets that these things
can be on, because I see the technical abuse. Thank you very much.
SUPERVISOR WICKHAM: Is ' there anyone else in the audience on B&Bs?
If not, is-there anyone else on the Board, who would like to respond? Joe?
COUNCILMAN TOWNSEND: I'm not responding to the B&B issue, although
there was mentioned quality of life, and preserving what we have, and so
forth, and I'd like to go back to the items, I guess, twenty-one through
twenty-six, which would be changes of zone votes, wherein my action was
described as both immoral and unconscionable. It's funny, because most of
those were ''downzoned, and I had similar thoughts at that time about the '
vote that resulted in that in many of those instances. I think that those
are very difficult votes to take, because in many instances, especially in
those instances I knew most of the people, who's property values were
affected, and most of them spoke to me about it, and I had compassion for
them and I felt badly, that their personal assets were going th be reduced
somewhat. It's happened to me in other areas, and other ways, around
zoning, and 1 can understand that. But, we have one shot to preserve
;} JULY 26, 1994 441
what we have in this town, and I had hoped this administration would take
some dramatic steps in that direction. This ,was one of those steps, and it
went to failure for the most part. One was passed, and that was a very
good one. That was one of the most egregious downzoning that we've ever
had In this town. I feel that, although it takes some guts to do these
things, I think it's time. we did them, and so I'm not ashamed. I don't feel
my action was immoral, or unconscionable. We had a tremendous density of
hamlet density zoning around one area simple because there was public
water, and public sewer in that area, to the detriment of Creenport
Village. Much of that hamlet density zoning . was well out of walking
distance, was right between Southold and Creenport. That was not the
intent of the Master Plan. The intent of the Master. Plan really was to have
a hamlet based community, and in the future when we provide public, and
we will provide it, to areas such as Mattituck, Cutchogue, and Southold.
That's the time to put hamlet density zoning around those areas, 'so it's
evenly divided, so you have the hamlet feeling, the village feeling, which
we've always had in this town, and that's why I voted, yes, in those hamlet
density things. That's why the people who voted with me voted that way.
Thank you.
SUPERVISOR WICKHAM: Thank you, Joe. Ruth?
COUNCILWOMAN OLIVA: I'd like to address the vote on the hamlet density
zones, too. I was -on the original committee for the Master Plan work shop
back in 182,183. The concept with RPW at that time is the same as it was
now, as it is now, and that is to have the density in the hamlets, and the
open space, and the farmland preservation in between. I tried and objected
to some of these of zone before I was on the Board in '1988. In 1988 1 tried
to get some of these zones changed at that time before the Master Plan was
adopted. - I did not vote for the Master Plan's adoption. That was one of
the reasons for that, and now, I just feel that all, as Joe said, that all
the hamlet density zones were lumped around Creenport because of their
water and sewer. I did 'not think that was fair to Creenport. We feel that
these hamlet density zones should be spread around the town. We intend to
provide public water, so that you will have some of these more denser zones
in both Cutchogue and Mattituck, where there are none now. So, for that
reason, I think it's good solid planning, and I did not, also, want to see a
satellite village on the outskirts of Creenport. We want to preserve the
integrity of Creenport. People from the U.S.U.K. called that the jewel of
the ' East, -and it is. Creenport should be helped and provided for, so
therefore we have a density zone I felt should be spread around the town,
and that's why I voted for it.
SUPERVISOR WICKHAM: Thank you, Ruth.
JUSTICE EVANS: I would just like to concur with that without repeating
everything they say, but concur with with Ruth and Joe said in my reasons
for voting, yes, to the hamlet density changes. I'd also like to say on the
bed and breakfast, just so the audience is clear, we have by no means left
it the -way it is. There was much discussion today on the property rights
of the neighbors, and how they would feel, and how we could still allow bed
and breakfast, but allow the neighbors , to have their say, and the Zoning
Board to have some input in it, too. We haven't come to conclusions, but
we have taken it into consideration already what the audience has brought
up tonight.
SUPERVISOR WICKHAM: And we will be addressing that further, and
bringing a revision of the law up to the Board at future meetings.
COUNCILWOMAN OLIVA: I would just like to say one more thing on
B&Bs. I'd like to just inform the people here of a little different slant
of 'what I think the Stewardship Task Force was looking at. They spent a
great deal of time investigating bed and breakfast, and the reasons were
historically people in town here, all over Southold, for many, many years,
in fact since the 1700's, let out rooms to summer boarders. So, it was
something that has been done historically. Number two, it would be a good
way for some people perhaps to earn a little extra cash that have some of
these bigger homes, because most of the people that have the bigger homes
would want to do. Certainly you wouldn't want to do it if you have a tiny
home. Number three, they did want to encourage tourism and they felt that
a lot of the motels require people to stay for at least two nights during a
weekend, and some people might like to come out and just spent! one night,
and a bed and breakfast would allow that privilege. They checked many
different places, and I personally have called different
442 JULY 26, :1994
places, such as Nantucket, such as Chatham, Massachusetts, which is a
lovely town. We have checked down in Washington, and a few other tourist
places, and actually these places allow from two to five or six rooms as of
right in very small residential areas of square footage of. for instance in
Nantucket. not more than five thousand square feet, so our law when it is
finalized, and I think we'll take into consideration property rights, and
people's desires and protests, is would be far more stringent than a lot of
other places, that are known for their tourism, and their historic ambiance.
This is what the Stewardship Task Force• really wanted to accomplish; to
allow a bigger, boarder, base for overnight accommodations.
SUPERVISOR WICKHAM: Is there anyone else in the audience, who would
like to address the Board on any matter.of their interest. Yes, ma'am?
KAREN SUSKEVICH: I'm Karen Suskevich, Indian Neck Lane, and this
is the second time we're here addressing the ADD issue.. As Muriel Andrews
had said we had asked for a special Town Board meeting, and I know she
asked this at the last meeting, and I'm just wondering 'when we might expect
to get a date on this? You acknowledge .it, but we don't seem to get
anywhere with that.
SUPERVISOR WICKHAM: Does anyone else want to address the Board on the
ADD issue? If not, let me just comment. I had not asked for a special
meeting on this of the Town Board, and while it's—not impossible, and we
could have it, maybe _it would be more productive to bring you up to date
with what I think is the emerging thinking within ADD. I like to preface
my comments by saying that the ultimate decision on where that place is
going to go is largely made by- ADD, not by the Town. In a way I thought,
in anticipation of the possibility of some discussion about that tonight; we
called them today, and the message we got. was that the home on Indian
Neck Lane is not the home that they intend to select. That doesn't mean
that it is totally ruled out. There is, I suppose, the possibility;
anything is possible, they have not 'yet closed on a house, but in fact that
is not the house that they would like to acquire.
KAREN SUSKEVICH: At this time?
SUPERVISOR WICKHAM: That's right.
KAREN SUSKEVICH: They might select one, and then come back.
SUPERVISOR WICKHAM: Sure, or some other organization could come to town
in some future year, and find that house, or any other house. That's quite
right. It's not out of the question.
KAREN SUSKEVICH: I know that our neighbors have a lot of concerns.
People would like to meet with the Town Board, just get their feeling.
SUPERVISOR WICKHAM: - May I suggest, if, and most of it comes to my
office, if it becomes clear to me, that the Indian Neck Lane is a real
possibility, if they convey to us, they do communicate with us, if they say,
hey, it does look as if we're interested in Indian Neck Lane after all,
will ask for a meeting of the Board and of yourselves, whoever would like to
appear, and to meet with us on this issue.
KAREN SUSKEVICH: Thank you.
SUPERVISOR WICKHAM: Is there any other matter, that you would like to
bring to the attention of the Town Board? (No response.) Do I hear a
motion for adjournment?
Moved by Councilwoman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board meeting be and hereby is adjourned at 8:50
P.M.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Judith T. Terry
Southold Town Clerk