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HomeMy WebLinkAboutTB-02/12/2002 F ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 cm REGISTRAR OF VITAL STATISTICS COD Southold, New York 11971 MARRIAGE OFFICER Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD FEBRUARY 12,2002 Work Session Present: Supervisor Joshua Y. Horton, Justice Louisa P. Evans, Councilman William D. Moore, Counciltnan John M. Romanelli, Councilman Craig A. Richter, Councilman Thomas H. Wickham, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski, Assistant Town Attorney Mary A. Wilson. 9:05 a.m. Appointment - Edward Siegmann appeared before the Town Board to ask for their support of the Senate S.2974- Assembly A. 5683 bill entitled " An Act to amend the tax law, in relation to the real property tax law circuit breaker credit and providing for the repeal of certain provisions upon expiration thereof Mr. Siegmann, speaking on behalf of the Suffolk County United East End Seniors Council, stated that the school taxes are devastating them and the Star program is just not providing enough tax relief. Currently, under the Circuit Breaker law if your income is $18,000. or less you get an additional break. The proposed bill is to double that amount to $36,000. Mr. Siegmann asked the Town Board to send a resolution up to Albany supporting it. He also asked that it be brought to the attention of the Five East End Towns Association, if not, he will approach them all separately. He stated that something has to be done to help the seniors. HMO's are pulling out all over and they just have to get help from somewhere. The County tried to help with the EPIC program which is still being ironed out. Hopefully, it will be and then the county will be helping out with some things. He has contacted all of the senior clubs on the north and south forks and all of the people who live in the mobile home parks for their support. Councilman Richter asked what the income factor is. Mr. Siegmann explained that it is on a graduated scale. It does not affect the town taxes at all. It is a break from the New York State income tax. Supervisor Horton assured Mr. Siegmann that he will speak with Assessor Chairman Bob Scott and he that he will get in touch with the Five East End Towns. 9:17 a.m. Appointment — Suzanne Donovan, Executive Director of East End Transportation Council and Patrick Cleary, Esq. of Allen, King & Rosen Attorneys Re: update on SEEDS,program. Ms. Donovan explained that the east end received a grant through the MTA Transportation and Land Issues Planning Study. The counties of Suffolk, Rockland, and Westchester are all pilot initiatives through the ISTEA funding. The consulting finn, Allee, King, Rosen & Fleming, Inc. joined them after the state formally adopted its budget. The process is a multi-tiered process in which they are trying to get as much public involvement as possible. The east end acts as the steering processor for the SEEDS East End Supervisors and Mayors Association. A stake holders committee consisting of 35 to 40 people was formed to assist in working through this process. They hosted a series of information meetings last August and September called "Vision Forums" from which a list of local and regional concerns was compiled. The question that the public was asked was "what are your most important concerns with land use and development and transportation?" The east end has gotten in to a serious problem with traffic congestions. Transportation has not, to date, been a part of the planning process. Ms; Donovan explained that the traffic issue is really the one that grabbed everyone over the last twenty years. She pointed out that nothing really surprising came out of these meetings. There is a 30 page document with the comments available on the web site (htty:Hseedspjgj�� This report has been reviewed by this large committee. A series of planning forums will be held in March&April to ascertain what the most important issues are. The point that they are at now is that they are about to go out and start the planning process, then Alle, King, &Rosen will take the input and integrate it. The entire proposal will take until June 2003. The intent is to come to regional kinds of solutions. Councilman Richter stated that one of the meetings they had was in Greenport and one in Jamesport. He particularly liked the fact that it involved the ferry and traffic situations. Cross Sound Ferry is looking into an East Hampton-Montauk ferry slip. John Peter Woronski and Stan Mickus say that one third of the traffic is headed for the south fork that comes on the Cross Sound Ferry. Supervisor Horton stated that we are going to have to lobby the state to get involved to address this as a regional issue. Patrick Cleary believes that the re- location of the ferry terminal for south fork traffic and changing the traffic pattern, hopefully will help. Ms. Donovan said that this is a part of the SEEDS, but ultimately it has to be a collective decision or answer of the local officials and residents together. East Hampton has a local law prohibiting any ferry services. Southold and Shelter Island Towns are going to have to look for support from the State of New York to override the local law. Councilman Wickham pointed out that Southold will be holding hearings on the Blue Ribbon Commission about the same time that the regional hearings are being and he hopes that the two don't get in the way of each other in dealing with the local political officials. Mobilizing political support at the local level will be the key. Ms. Donovan agreed with this, but stated that regional support is also very important. We will need to be working at both levels all the time and determine where we can cooperate and where we can change. Supervisor Horton told Councilman Wickham that he recognizes that he raised some fairly reasonably concerns, but he thinks the way to go is to support regional efforts. 10:00 a.m. Appointment — George Weiser & Ray Dickoff, Peconic Design & Construction, Inc. appeared before the Town Board with regard to their change of zone application on property located at Main Road, Southold. The property is located between Cook Pony Farm real estate office and Le Cour de Vigne restaurant. This change of zone is scheduled for three (3) resolutions V.95, 96, & 97 at this meeting. Mr. Weiser stated that Councilman Wickham had mentioned at an earlier meeting about giving something back and he presented a proposal on a map. He is proposing 18 condominiums for retirees in back and keeping the HB Hamlet Business District zoning on the front. Mr. Weiser stated that he has given this a lot of thought and he is willing to convert the entire parcel to HD Hamlet Density District zoning giving up the HB Hamlet Business on the front. He would remove the building on the front of the property on the Main Road and totally professionally landscape it to buffer it so that it is not visible from the Main Road. Instead of keeping the HB on the front, the entire parcel will be HD instead. The give back would be what we are doing in the front section and giving up the HB zoning on the front. Councilman Wickham expressed that he would like to see the results of the planning study as to their recommendations from affordable houses and accessory apartments. Councilman Romanelli emphasized that this is not an affordable project. Mr. Weiser specified that the project is for 55 and older. The prices of the cond'os will run between $275,000. and $285,000. He said that re-sales of Pheasant Run are going for $295,000. off Moores Lane in Greenport. This proposal is not affordable, he said that he just can't let this property sit. If it is not allowed, he would have to proceed with a minor subdivision and develop the HB on the front on the Main Road. Councilman Wickham asserted that the Blue Ribbon Committee wants to do everything they can to save 6,900 acres of this type of land in the town. Open, vacant, non-farmland, land that is not ideal for farming or development. While they do try to save as much of this as possible, it really is not their focus. Councilman Richter commented that he liked the project as there is a need for it out here. Councilman Wickham asked what the expectation is for public water. Mr. Weiser replied that they were told by the Suffolk County Water Authority to put their application in. There is currently public water to the existing building on the property and across the street. They also have a commitment for public water from the Suffolk County Water Authority to the Factory Avenue project. The Southold project would have 90 units giving 5 units per acre. They are duplex units separated*by a garage, one story, colonial style, 1400 sq. feet with full basement, and vinyl siding. Mr. Weiser affirmed that the project would be very professionally landscaped to create a "garden type" community. A total of 9 buildings on HD land with 2 units per acres with public water. Suffolk County recognizes 4 units per acre as it is a 55 and older with public water. Mr. Weiser asked that the Town Board amend the code to be in sync with Suffolk County, Riverhead and Southampton. Councilman Rornanelli added that the reason for this may be less wastewater. Councilman Wickham questioned the acreage of the HB district and how much frontage there is on the road. The acreage is I acre and the road frontage is 280 feet. Mr. Weiser said again, that he has to do something with the property. He would like to do the condos for seniors, but if not, he will have to do something with the HB; on the front. They are asking for 18 units on 5.5 acres converted to HD. There will be a 200 ft. setback from the road which area will be created as a professional landscape for the entire community which will not be visible from the road. There is 1 acre on the front hamlet business district and the remaining 4+acres is R- 40 A residential district. Without the change of zone he could put 11 units on it. Councilman Wickham questioned what the property is being used for now. Mr. Weiser said for the past 5- 6 years he has been letting a fanner grow straw on it for his strawberries in case it freezes. The Town Board advised Mr. Weiser that the will have to get together and talk and think about it. 10:05 a.m. (10:30 a.m. appointment) John Noto of Berliner Communications, they do most of Nextel's work. Mr. Noto appeared before the Town Board to request permission to remove the 170 ft. whip antennas and replace them with panels 4ft. by 48 in. tall. Justice Evans asked what they look like aesthetically. Councilman Romanelli said more towers closer together. The panels will go from 130 ft. down to 70 ft. Currently they are paying the Town $1800.to $1950. per month. Town Attorney asked him what they are paying for the Suffolk County Water Authority towers. Mr. Noto didn't have an answer at this time. Supervisor Horton asked about the quality of service provided by Nextel. Mr. Noto said that there a lot of calls that are cut-off and lost in the summer. It will not make the service area any larger, but, hopefully, it will make the quality of the service better. Supervisor Horton asked him if they were currently piggybacking on AT &T and they are going to give them the boot. Mr. Noto answered yes. He informed that they are currently doing this type of work at Ronkonkoma, Riverhead, and Greenport. Supervisor Horton questioned if the $500. increase that they are offering us is the same that they have offered everyone else. Mr. Noto replied yes. Councilman Romanelli said that he thought the proposal was fine, the only negotiating item is the money. Mr. Noto said that the Chief of Police mentioned that there was some problem with lightening, so there will be lightening arresters installed. Councilman Wickham asked in what capacity Mr. Noto acts as a consultant to Nextel. Mr. Noto answered that they assist negotiating with the local officials and with the installations. Supervisor Horton advised Mr. Noto that he will be dealing with the Town Attorney in the negotiations. 10:20 a.m. The Town Board recessed for a short break. 10:35 a.m. The Town Board reviewed IV. For Discussion items as follows: IV. 2. Zoning Board of Appeals ruling on non-conforming setbacks. The Building Department for years has granted permits on non-conforming lots with non-conforming setbacks under Article XXIV, Section 100-242A of the Zoning Code. The code reads that "nothing in this Article shall be deemed to prevent the remodeling, reconstruction or renovation of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Someone came in for an addition to a house that has a 3 ft. setback off the property line. The property and house pre-dates zoning. The Building Department has always allowed them to go up over the existing footprint by adding a second floor, but not out to further decrease the side yard. The head of the Building Department has determined that if the proposed single-story is setback more than the existing setback , for example, 3 feet 10 inches, there would be no increase in the degree of the building's nonconformance. But, if the second story were an exact footprint of the nonconforming building , it would increase the degree of nonconformity. Councilman Wickham questioned why this is coming before the Town Board. Councilman Richter said that it needs to have a better clarification in the Town Code. Supervisor Horton added that there needs to be a better degree of clarification as to how it affects residential and business properties. The Town Board was given copies of the town code and the decision to read and decide whether or not the code should be changed. The matter will be placed back on the next Town Board agenda. IV. 3. Request from F.I.R.S.T. Settlers for support of their Robotics Competition being held March 14-16, 2002 at Suffolk County Community College in Brentwood. The Town Board cannot make contributions or grants to community projects. IV. 4. Fishers Island Harbor Committee Clerk resignation. (See resolution no.'s 109 & 110 accepting her resignation and appointing Karla Heath). Solid Waste Coordinator James Bunchuck appeared before the Town Board to discuss some issues related to the landfill capping project. He reminded the Board members of their approval last year of a proposal to change the landfill drainage design to eliminate a proposed re-charge basin for the southeastern comer of the property in- favor of piping water run-off from that area to a basin proposed for the northeastern comer. He noted that although this work would result in additional costs for the capping project, it would also free up more than 1 acre of land for use in transfer operations. The Town Board elected to go with the proposal to pipe water expanding the re-charge basin in the rear to accommodate the water. Mr. Bunchuck said that the reduction will have saved close to $400,000. The proposal for the golf driving range on top of the landfill cap was discussed. Ed Wenkel, the new commissioner of parks for the Town of Southold said that he wished the idea was a little more than a driving range, and could include a little club house for educational purposes. If it could be the possibility of having an outside firm operate and run it would be feasible. Councilman Romanelli is still checking into the particulars of design and operation and will report back at a future date. Mr. Bunchuck reported receiving a reply from the NYS DEC on the question of the model airplane club using the landfill cap. They recommend against it for many reasons including safety and the design of the cap. Mr. Bunchuck also reported the cost estimate for the barrier wall to the residential area as costing up to $100,000. for 100 feet. He recommended eliminating this and putting in cedar trees and a small berm instead. The re- location of the firewell was suggested to be put near the road and one in the landfill. The design cost for an 8" to 10" electrical well was $12,000.00. The landfill doesn't currently have adequate fire protection. It could also be used by the Highway Department sweepers when they need to fill up. A local company that has done a lot of work for the Cutchogue Fire Department would guarantee the water flow should they receive the work. Mr. Bunchuck also requested permission to hire a part-time clerk for folding bags for this position. Resolution number 107 was placed on the agenda to authorize the Town Clerk to advertise for this position. On motion by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at 11:00 a.m. for the purpose of discussing personnel — a particular person and contracts. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councili-nan Moore, Justice Evans, Supervisor Horton. This resolution was declared ADOPTED. On motion by Councilman Richter, seconded by Supervisor Horton, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 12:18 p.m. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared ADOPTED. The Town Board recessed for lunch at this time. On motion by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at 1:10 p.m. for the purpose of discussing personnel — a particular person, property acquisition, contracts, and attorney client privilege. . Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romandlli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared ADOPTED. On motion by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 3:55 p.m. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared ADOPTED. Resolution numbers I 11, 112, and 113 were placed on the agenda as a result of or after this executive session. This work session ended at 3:55 p.m. GENERAL MEETING FEBRUARY 12, 2002 7:30 P.M. A Regular Meeting of the Southold Town Board was held on February 12, 2002, at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the following bills be and here are ordered paid: General Fund Whole Town bills in the amount of$738,990.89; General Fund Part Town bills in the amount of$35,199.67; Highway Fund Whole Town bills in the amount of$10,252.80; Highway Fund Part Town bills in the amount of$37,455.71; Capital Projects Account bills in the amount of$27,653.00; Ag Land Development Rights bills in the amount of$1,476.10; Landfill Cap & Closure bills in the amount of$3 04,141.07; Open Space Capital fund bills in the amount of$3,939.75; New London Terminal Project bills in the amount of$6,054.02; Compost Land Acquisition bills in the amount of$265,758.99; Employee Health Benefit Plan in the amount of$7,241.20; Fishers Island Ferry District bills in the amount of $15,166.00; Refuse & Garbage bills in the amount of $54,775.17; Southold Wastewater District bills in the amount of$10,316.55; Fishers Island Ferry District Agency& Trust bills in the amount of$187.65. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly adopted. Moved by Justice Evans, seconded by Councilman Richter it was RESOLVED that the minutes of the January 3, 2002 Town Board meeting be and hereby are approved Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly adopted. Moved by Councilman Romanelli, seconded by Councilman Romanelli, it was RESOLVED that the Regular Town Board meeting of the Southold Town Board be held at 4:30 P.M., Tuesday, February 26, 2002 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly adopted. I. REPORTS. SUPERVISOR HORTON: You see we have reports and public noti ces, both of which are available for your perusal at the Town Clerk's Office, as well as the Supervisor's Office. I. Southold Town Leave Time Summary Report for December 2001. 2. Southold Juvenile Aid Bureau for December 2001. 3. Southold Town Animal Shelter Monthly Report for January 2002. 4. Southold Town Scavenger Waste Treatment Facility for January 2002. 5. Southold Town Justice Evans Monthly Court Report for January 2002. 6. Southold Town Justice Price Monthly Court Report for January 2002. 7. Southold Town Justice Bruer Monthly Court Report for January 2002. 8. Island Group Administration Claim Lag Report through December 2001. 2/12/02 6 II. PUBLIC NOTICES 1. Notice of Hearing on "Creating New Tools to Provide Affordable Housing on the East End of Long Island: Should a Dedicated Fund be Created to Promote Affordable Housing?" 7:00 P.M., February 22, 2002 at Chancellor's Hall Auditorium, Long Island University, Southampton Campus. III. COMMUNICATIONS None. SUPERVISOR HORTON: Communications, we have none. IV. PUBLIC HEARINGS. 1. 8:00 P.M., on a proposed "Local Law in Relation to Amending Designation of Parking Areas Requiring Permits". V. RESOLUTIONS. SUPERVISOR HORTON: The Town Board meeting, as many of you are aware, will run through the rules as it is. If you have something that you would like to address in regard to the written agenda you may do so prior to the reading of the resolutions. If you have Town business that you would like to discuss or bring to the attention of the Town Board that is* not on the written agenda you may do so. We have a portion of the meeting reserved after the reading of the resolutions. At this point I would like to open the floor to anyone that has concerns or issues they would like to address in regard to resolutions that are on the printed agenda. (No response.) We will move along then with the reading of the resolutions. #93 Rescinded March 12,2002 by Resolution#179 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following Public Safety Dispatchers to attend a Critical Incident Communications Dispatchers Seminar on Saturday, March 23, 2002 at the East Hampton Village Police Department Communications Center, East Hampton Village: PSD 11 Lois Atkinson PSD James Fogarty PSD Mark Zaleski The registration fee is $120,u-0 I)er person and shall be a legal charge against the Police 2002 budget line—A.3020.2.200.700. Trivel to be by Town vehicle. Vote of the Town Board: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice 1�vans, Supervisor Horton. This resolution was duly adol)[ed. #94 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John L. Paradis, as a Marine Mechanic for the Fishers Island Ferry District at a rate of $22.55 per hour effective March 1, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice 1-1-vans, Supervisor Horton. This resolution was duly adopted. #95 Moved by Councilman Richter, seconded by Justice Evans, RESOLVED that the Town Board of Southold hereby declares itself lead agency as there are no other involved a2encies, in regard to SEORA in the matter of the Petition of Peconic Design and Construction, Inc. for a change of zone from Hamlet Business (HB) and Low Density Residential (R-80) to Hamlet Business (HB) and Hamlet Density Residential District (HD) on a certain property located north of Main Road and east of Boisseau Avenue in Southold, New York. SUPERVISOR HORTON: Any discussion? COUNCILMAN MOORE: Actually I think these three, the next three, should be held. There has been a change in their approach. 2/12/02 3 TOWN CLERK NEVILLE: Yes, they all have to do with the same change of zone. SUPERVISOR HORTON: So, ninety-five to ninety-seven are held. #98 Amended 2/26/02 by Resolution#116 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold herebyappoints John F. Irving to the Part-time DOsition of Mini-Bus Driver in the Human Resource Center at a salary of$9.65 per hour, effective February 6, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #99 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold herel)v appoints Aileen Asklund to the Part-time position of Mini-Bus Driver in the Human Resotirce Center at a salary of$9.65 per hour, effective March 11, 2002. Vote of the Town Board- Aye: Councilman Wickham, Councilmaii Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #100 Moved by Councilman Richter, seconded by Councilman Romallelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Commissioner of Public Works Peter W. Harris to Purchase one (1) 2001 liLyht duty dump truck with Plow attachment off the State Contract PC57165 as Per sDecifications. Purchase to be a legal charge to A1620.2.500.700 Vote of the Town Board: Aye: Councilman Wickharn, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #10 1 Rescinded 2/26/02 by Resolution#115 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2002 bud2et as follows: TO A7020.4.500.440 Basketball Program $56.25 FROM: A7020.4.500.420 Youth Program Instructors $56.25 SUPERVISOR HORTON: Councilman Richter is the Chain-nan of the Recreation Committee, he will challenging anyone to a slam-dunk contest. COUNCILMAN RICHTER: Thursday at ten o'clock we have a meeting. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #102 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution#56 adopted at the regular meeting of the Town Board on January 15, 2002, and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby grants permission to Barbara Rudder, Administrative Assistant in the Tax Office, to attend on behalf of Receiver of Taxes Marilyn B. Ouintana, the 2002 Annual Meeting of the New York State Association of Towns in New York City on February 17-20, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #103 Moved by Councilman Richter, seconded by Justice Evans, it was 2/12/02 4 RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Horton to sign the Consortium Home Improvement Promm Amement between the County of Suffolk, Citibank and the Town of Southold, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #104 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for Traffic Control Officers for the 2002 summer season at the rate of$11.97 per hour. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #105 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Solid Waste District budge , as follows: To SR 8 160.1.200.100 Part Time Employees $ 945.64 SR 8160.1.500.400 Telephone Equipment $ 540.00 SR 8 160.4.100.100 Office Supplies/Stationary $ 70.28 SR 8160.4.100.525 Tires-Payloader/Truck $ 3.48 SR 8160.4.100.595 Tub Grinder Maint/Supply $ - 40.28 SR 8160.4.400.805 MSW Removal $ 3�514.72 From SR.1490.1.100.100 Administration Re2. Earnin2s $ 583.39 SR.8160.1-100.500 Refuse & GarbaLye, Holiday Earnings 4,000.00 SR.8160.2.400.150 Break Room Trailer 531.01 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #106 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby declares the following surplus equipment and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for the sale of this used equipment. Asset# Description 2193 Pentium PC 1759 IBM 4224 printer 1760 IBM 2391 printer 1937 Epson LQ570 printer 1946 Epson FX-870 printer 2036 Epson FX-870 printer 2326 IBM Laser printer 2043 Epson FX-870 printer 2044 Epson FX-870 printer 426 Epson printer 2061 Epson FX-870 printer 1141 IBM 4224 printer 2325 IBM Laser printer 2067 IBM Laser printer 1977 IBM Laser printer Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #107 Moved by Councilman Romanelli, seconded by Justice Evans, it was 2/12/02 5 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Nevifle to advertise for a Part-time clerk with the Solid Waste District at a salary of$9.40 per hour. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #108 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board 'of the Town of Southold hereby declares the following equipment as surplus and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk Elizabeth NevMe to advertise for the sale of two (2) surplus gas Dowered 'pony, motors currently at the Solid Waste District. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #109 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Nina Schmid from her position as Committee Clerk for the Fisher's Island Harbor Committee effective February 1, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #110 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Karla Heath to the Position of Committee Clerk for the Fishers Island Harbor Committee, at a salary of$8.50per hour, effective immediately. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #111 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes-the fonowing Public Safetv DiSDatchers to atteiid the Emmency Medical Dispatching training cours commencing Tuesday, February 26 through Thursday, February 28, 2002at the New York State Police Headquarters, Farmingdale, New York: PSD Michael Boken PSD Tammy Grattan PSD Robert Harney/Dania Atkinson PSD Andrew McCaffery Registration fee to be a legal cliarge to the Police Training Budget line A.3020.2.200.700. Travel to be by town vehicle. Vote of the Town Board: Aye, Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice llpvans, Supervisor Horton. This resolution was duly adoi)wd. #112 Moved by Justice Evans, secomled by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby aPpoints the foRowing Persons to the PoUce Advis of-N, Conunittee all to serve without compensation until December 3 L 2002: Henry Flinter Joseph Borrelli Gunther Geiss Joseph Gold Councilman Craig Richter Vote of the Town Board:'Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. 2/12/02 6 #113 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RIESOLVED that the Town Board of the Town of Southold hereby increases the number of members to 16 of the Blue Ribbon Commission For The Preservation of a Rural Southold and appoints Councilman William D. Moore/Councilman Craig A. Richter as Members/Alternates. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. SUPERVISOR HORTON: That is all we have on the agenda in regard to resolutions. At this point I will open the floor to members of the community to address the Town Board on Town related business. I ask that when you step to the podium speak into the microphone state your name and where you are from for the record. Anybody from the floor like to address the Town Board? MELANIE NORTON: Melanie Norton, Greenport. Could you identify the resolutions ninety-six and ninety-seven, and why they weren't acted on? COUNCILMAN ROMANELLI: They were a petition for a cliange of zone on a piece of property in Southold. The applicant came to the Town Board today, and clianged his application, pulled back some of the changes he wanted to do, so he is going to apply in a different status. MELANIE NORTON: And then ninety-seven? COUNCILMAN ROMANELLI: It is related to the same piece of property. MELANIE NORTON: Okay, great. Thanks. JOE LIZEWSKI: Good evening. I have three little things I want inquire about. I see that the increase of the members on the Blue Ribbon Commission for the preservation of rural Southold. Did we change that from Farmland to Rural now? SUPERVISOR HORTON: In regard to the name, Joe? JOE LIZEWSKI: Yes, in other words it was based on farmland preservation. Rural is pretty big, you know. SUPERVISOR HORTON: KUral was the original name that was adopted at the Organizational Meeting. JOE LIZEWSKI: I thouo,it it was Farmland Preservation Commission. SUPERVISOR HORTON: 'Flic charge of the commission hasn't changed. JOE LIZEWSKI: Okay. Another thing I would like to speak to the Board about is there was a decision made by the ZBA, and basically the decisions over the last fifteen or twenty that the ZBA made are based on setbacks. 'I'lley were not based on the three dimensional figure that this is based on. The business community has a concern simply because if this is in the business community almost all businesses in Souffiold Town.are now non-conforming in a conforming use zone as far as their setbacks, and everything else that they have. So, this Walz will have tremendous impact on anybody trying to make a chaiige in the business area, because of that law. Setbacks routinely in this town, and the law the way the ZBA has interpreted it in the past had nothing to do with going up. It had to do with a land setback. You got the setback for the land. It didn't have anything to do with building. The building came under the Building Code. The height of the building was regulated by the Building Code. The way the building was built was regulated by the Building Code. The ZBA did not impinge on that at all when it made a decision. This new decision with Roger and Leslie Walz basically has changed that. It has changed it to a three dimensional function, and even though I am sure that the application when it was made by these people said that they wanted a setback, had nothing to do with the building itself The setback was given for them to build the building, so in the past six years the basic administrations in this town have let the Planning Board, the Zoning Board, and the Building Department basically interpret things as they see fit. I have always felt that it was the Town Board who should make these interpretations if they are going to be made. I consider this a major thing. I think it should go before you, and not the ZBA if you want to make this change into a three dimensional area. I think that the interpretation of the Code by the ZBA is usually done if it is asked for. This is not something that I think was asked for. I think that the Town Board should 2/12/02 7 take this back, and tell the ZBA that it will make a decision on what way it really wants to go with this. So, I just think that is one of the things that maybe this new Board will not allow the overstepping of bounds into the area of interpretation, or what a law should be by these different departments, which we have had for quite awhile. The other thing that I see on here is there was a discussion. I suppose Dan Ross who is a lawyer, I guess, for the legal position in the Town Hall. I know that was a Town Board appointment, and nothing has been said, but I have to say that a Town Board that is willing to go along, and especially if you are all Republicans, and you can put Ruth Oliva in the ZBA. I think giving the Town Supervisor his choice of attorney would make a big difference how the Town would run for him in the future. The reason I say that is because I feel that if I was in his position and I would have to live with another guy's attorney I would actually feel that it would be like getting divorced and having my wife3s attorney tell me what I had to do. So, I think it behooves this Town Board to think about where it is going, and to realize that it is a big deal if you were to end that position. So, it is just something to think about. Like I said, and I know how liberal this Town Board has been with appointments because I have watched who was appointed to the ZBA, and how things have been running. It certainly can continue on that path, and not feel that it has done anything different. It certainly set a precedent. Thank you very much. ERIC BRESSLER: Mr. Supervisor, members of the Board, my name is Eric Bressler, Wickham, Wickham and Bressler, PC, Mattituck. I am here on behalf of the Southold Businessman's Alliance. I would like to expand on the remarks that Joe Lizewski just made regarding Walz's decision. I know this was on the agenda for the Work Session, and I did not have an opportunity to because of the press of business to address the Board with respect to this particular matter. The law's decision as alluded to by Dr. Lizewski is a matter of some concern. It is a matter of very serious concern, and it is a matter of very serious concern for reasons that are actually separate and apart from the substance itself. We can talk about the substance, but before we get there let's talk about why it is so important that this Board consider this decision apart from the substance, and the reason that is important that the Board consider it is that the Walz's decision, if it stands, turns on it's head over twenty-five years, probably close to forty-five years of established precedent in this town, and before that gets done by a Zoning Board of Appeals I think this Board ought to take that up, and deten-nine as a legislative matter whether that is an appropriate direction for this town to move in. Whenever an administrative board reaches out, and makes an interpretation for what I consider to be a no good reason departing from the established precedent this is legislative action. This is not administrative adjudication. The Law in this town has uniformly been when you stay within the footprints you can go up. Everybody knew what that meant. Everybody knew what you could do. Homeowners knew. Businessmen knew. Architects knew. Builders knew. Everybody knew. The rule had certainty. It had continuity. It had the value of precedent. Everything was going fine up until very recently when depending on which version you listen to, someone in the Building Department for some reason decided there was going to be a change, and all of a sudden the footprint rule was abandoned, and what was it abandoned in favor of? It was abandoned in favor of what I call the one inch rule, which was you couldn't go up in the footprint. You had to be one inch back. Then you could go up. I defy anybody on the Board to understand what that was all about. Nobody understood what it was about. The ZBA didn't understand what it was about, and in that small area of agreeinent that I have with the ZBA that is it. That rule made absolutely no sense at all and nobody could explain it, and I still don't understand it. From there all of sudden we leap to the conclusion that if it is non-conforming, it is non-conforming, and you don't have the footprint, you don't have the one inch, you don't have anything. Architects won't know what they can do. Builders won't know what they can. Homeowners can no longer do what they have been doing for forty some years. Just look around town and see how many non-conforming homes there are. Look around town, and see how many non-conforming business buildings there are. We are a town of non-conformity, and we have made ourselves a town of non-conformitY. Is it the Board's intention that we take those non-conforinities and squeeze them out of existence? There won't be much left I submit to you. This is the way we have operated for years, and it worked absolutely fine. There were no problems with that method. In fact the one-inch rule would not have cured any of the problems. Now all of sudden we have what is tantamount to legislative action. As Dr. Lizewski correctly pointed out there is going to be a lot of impact on everybody here. Now, why has this come up? Because the Code and the drafters in their wisdom were ambiguous or so it seemed. Well, if that is the case it is your job to make it unambiguous. Take a look at this very carefully, and decide whether or not the direction in which you are being led by an administrative agency is where you want the Town to go. It is going to have a lot of impacts on businesses, on people. On just about anything you can think of this is going to have impacts as well as choking to death the building process in this town. If that is what you want to do through that particular agency then the ZBA has achieved the desired affect, and if that be so then say so, so that everybody knows how you feel about it. But if that is not what you want to do, and I don't think it is, then I urge you to go into a legislative deliberation, and address the issue, and come back with something on a legislative basis that is going alleviate the problem in this town. Thank you. 2/12/02 8 SUPERVISOR HORTON: Any more comments from the floor? JIM DINIZIO: Jim Dinizio, 39 Sound Road, Greenport, and I just want to reinforce a little bit of what Eric said, and I would like to make a statement that if the Code is ambiguous then it has been so for forty years. We have had Building Inspectors upon Building Inspector interpreting it the old way. As a matter of fact the person who asked us to interpret it a different way used to interpret it that way. So, my search is not for necessarily for the law if changed or not. I believe you should change the law not the Zoning Board. But how did it get to that point? At some point in time, and I just want to make a quote to you if I can find it. Michael Verity says at one of the Zoning Board meetings, that if you have three feet then you could build on three feet, and that was always the rule. Certainly I know John Romanelli, I know your buildings would not have been built if this law had been followed. An obvious example of when this law was still the old way is Porky's Restaurant. Okay? I submit to you that not only was Porky's Restaurant following this law, but it actually broke the law, because they expanded the porch and did increase to non-confortnity as determined by the Zoning Board last month. So, there is a problem there. I have no problem with it. I think it looks pretty nice. But, I am trying to find out just how the Building Inspector came to the dilemma of suddenly interpreting this in a different way. What made him do that? How does he come to the conclusion suddenly when he was making the exact same decisions as Victor Lessard was, Mr. Fisher was many, many years ago. I can only come to one conclusion. That he got some bad advice. That he had a dilemma and he went to someone for some advice, and got bad advise, and then it has turned into this. Now, I don't know for many years I have been involved with the Zoning Board, how you reversed that besides going to court. I don't think that the Town Board can tell the Zoning Board; look you have to change your mind on this interpretation. You know they have done their job, and they made their decision, and my hope is that perhaps the Code Committee takes it up, and does something that probably is unprecedented, but certainly read over the records of the Zoning Board, and see if you can find out just exactly how it goes from you can have it at three feet, and you can go up 35 feet to now you can't have it. Okay? You must move back if you want to increase the size of that building. Thank you very much. COUNCILMAN RICHTER: Jim, after speaking with you the other day we had it on for discussion this morning, and we did discuss it. We are going to review the ZBA ruling. I definitely think that it needs to be looked at, because it does counteract what was previously done, and I think there is a number of non-conforming, or quite a number of non-conforming uses in the town that would effect, and put qui(e a burden on the ZBA at one time or another, or will put a burden on that. I think we should discuss it first, but definitely bring it to our attention. SUPERVISOR HORTON: Are there any other comments from the floor? We have a public hearing set for eight o'clock this evening. That is three minutes worth of conversation for the Town Board. We will welcome it. PRICILLA HARAN: My name is Priscilla Haran from Greenport. Just two things, I had just gotten my sheet here. On December 4 th there were two resolutions that were passed. On was #837, and the other one was #839. It is in regards to SEQRA Review, and about authorize and direct the Town Clerk Neville to transmit the petition for a change of zoning, and it has SCM#1000-3 5-01-04 to the Southold Town Planning Board, and the Suffolk County Department. I think it has to do with the 1h piece of land that is north of 48 in my neighborhood. This resolution was passed on December 4 , and our neighborhood would like to know the status of it, and what has happened to it, and where it stands right now, because I know it is about a development and a zoning change, and we have been very involved in that. So, I know some people have called and asked about it, and nobody seems to know exactly where these two resolutions are at this point in time. I have my sheet here, and then I have another thing, too. TOWN ATTORNEY YAKABOSKI: That is in Greenport. That one the Board had been waiting for the SEQRA to come in, the SEQRA Review from outside consultants. We can't do anything until we get the SEQRA back. PRISCILLA HARAN: So, it hasn't come back in yet as far as you know. TOWN ATTORNEY YAKABOSKI: A bunch just came back from October 20 lb- I just don't know. PRISCILLA HARAN: Thank you, and the other thing is being that I live up near the 67 steps, which we are very happy with. The new steps are wonderful. However, how to put this delicately.? The trash is unbelievable. It is not only trash. I mean there was roofing material there a couple of 2/12/02 9 weeks ago. About a month or so ago some of the Southold yellow trash was there. My husband opened it. We know the names of the people who dumped it. It is just pathetic that these beautiful steps are there, and people go up just before sunset, and it is a mess. It really is a mess, and I know neighbors of mine, they have gone up volunteering and start picking the stuff up, but you know we can only do so much. As far as I remember we can't cut the bushes down because of the environmental situation, so things get stuck in the bushes, and it is not very pleasant. SUPERVISOR HORTON: You are right. Thank you for mentioning that. It is atrocious. It is unfortunate that so many people in town take great pride in our town, in our own homes, and our yards, as well as beaches, and our parks. It is unfortunate that from time to time people abuse a site. It is abusing the fact that there are receptacles there, and they pile trash on top of the receptacles. It is atrocious, and I almost cut you off there, but I was up at 67 Steps, which now there are actually 64. 1 was up there two days ago, and I noticed it, and I gave Pete Harris a call about that. Thank you for bringing that to our attention. COUNCILMAN RICHTER: Also, in relation to the trash that is up there, actually Peter Harris and I are working on a Earth Day Cleanup throughout the town that we are going to enact, and hopefully by getting the word out they and getting people involved, and the youth involved. One of my pet peeves is that I absolutely hate it. Sunday morning you will probably see me out on Moore's Lane. I am picking it up over there. But, one of the things we are going to try to do some educational brochures and so forth to get to people out there about how trash brings the town down. Hopefully we will get some people involved, because it isn't good. SUPERVISOR HORTON: Here is a little education. Don't litter. We are going to move into our public hearing, which I have a feeling will be brief, and then at the close of the public hearing we will be happy to deal with your question. Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that this Town Board meeting be and hereby is recessed at 8:00 P.M. for the purpose of holding a public hearing. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. Meeting reconvened at 8:10 P.M. #1 14A Moved by Councilman Romanelli, seconded by Councilman Wickham, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of January, 2002, a Local Law entitled, "A Local Law in relation to amending designation of parking areas requiring permits", and WHEREAS the Town Board of the Town of Southold held a public hearing at which time all interested persons were heard, now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts "Local Law in relation to amending designation of parking areas requiring permits"which reads as follows: LOCAL LAW NO. I OF 2002 BE IT ENACTED,by the Town Board of the Town of Southold as follows: § 65-2. Designation of parking areas requiring permits. B. The following road end areas are hereby designated as Town of Southold"Parking by Southold Town Pen-nit Only" areas: (3) Aquaview Road from Rocky Point Road, Long Island Sound, East Marion, east from a distance beginning fifty(50) feet from the intersection of Aquavie Avenue and Rocky Point Road for a distance of five—four hundred fifty(5" f450 I feet, and Rocky Point Road from the terminus south beginning fifty(50) feet south of the intersection of Rocky Point Road and Aquaview Avenue for a distance of five four hundred fifty f-15"f4LO)feet. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. SUPERVISOR HORTON: I believe we have a hand raised in the audience. MELANIE NORDEN: I just wanted to follow up on the question posed earlier by Priscilla Haran regarding the piece of property she was addressing and the process, and the SEQRA Review 2/12/02 10 process and the referral of that piece of property, and it's change to the consulting engineers. I contacted both, the consulting engineering firm have written to you, and Mrs. Neville, and to the Town Board, and so forth I am under the impression that actually these resolutions did not get placed either before the consultant engineering firm for review, or before SEQRA. It is now two months, and we are really trying to find out the status of the review process, because neither the consulting engineering firm at the time that I talked,to them, or the SEQRA people had ever heard of either of these petitions. So, the resolution was dated on December 4 th. can you speak a little more specifically to the status of when both of these resolution were placed before SEQRA and the consulting engineering firm? TOWN ATTORNEY YAKABOSKI: Who did you speak to regarding SEQRA? MELANIE NORDEN: All of the consulting engineering firm, and also... TOWN ATTORNEY YAKABOSKI: Nelson, Pope and Voorhis? MELANIE NORDEN: Well, Mr. Voorhis, himself, actually, and he had never heard of this, and hadn't reviewed the process. TOWN CLERK NEVILLE: We just received this back. It was sent to them. It has been received back. We just received it back. MELANIE NORDEN: Excuse me, received back in what form was it reviewed? Do you have a review back from them? Has he seen the property? TOWN CLERK NEVILLE: Yes. MELANIE NORDEN: Okay, and there is a report back from them? TOWN ATTORNEY YAKABOSKI: Absolutely. COUNCILMAN MOORE: Literally going through the mail that we have, and presently it is a confidential report. It just came in dated February I Ith, and there were three of them on three separate properties, reports done by Nelson, Pope and Voorhis. We haven't had a chance to review them and the Board hasn't accepted them yet. MELANIE NORDEN: And this is one of them. Okay. Now, in terms of the timeframe are we still within the timeframe, because I thought there was a forty day time from the time the resolution was adopted by you, and then given to both the Town engineering fin-n and SEQRA, and that we are beyond that timeframe now. No? So, we are within the timeframe, and now what is the status of the SEQRA Review. Do we have a response from that at present? COUNCILMAN MOORE: That is what I just referring to. They have just given us a report for us to review. MELANIE NORDEN: And do they separately to the Suffolk County Planning Board, or just to... I thought there were two resolutions one of which indicated that the property was to be reviewed by the Town and County Planning Board. Ms. Neville? TOWN CLERK NEVILLE: Yes, they were sent to the Suffolk County Planning Board and the Southold Town Planning Board. A response was received back from the County and the Town. They could not make any recommendation until they have the SEQRA Review in their hand, and at this point it can't go because the Town Board hasn't looked at it yet. MELANIE NORDEN: Okay, so what is the next step now in the process? TOWN ATTORNEY YAKABOSKI: The next step is that the Board will take a look at the SEQRA prior to consultation with Chick Voorhis' finn, and then prepare a SEQRA resolution is what it has to do as lead agency. MELANIE NORDEN: And is there a timeframe involved in that? TOWN ATTORNEY YAKABOSKI: In terms of how quickly that has to be done? MELANIE NORDEN: So, how quickly is it likely to be reviewed? 2/12/02 11 TOWN ATTORNEY YAKABOSKI: What Mrs. Neville is saying, I guess the Suffolk County Planning Commission. TOWN CLERK NEVILLE: I believe the timeframe starts once we get the recommendation back from the Suffolk County Planning Department. MELANIE NORDEN: I thought there was a forty day time period myself Are you saying there is no timeframe? TOWN ATTORNEY YAKABOSKI: May I back up one moment? The overall process is somebody makes an application for a zone change. Under our law you have to do a couple of things. It is going to require Board action so SEQRA has to be done. That is one thing, and that just goes through some process. In addition the application, we send it out to Suffolk County Planning Commission, and we send it out to the Southold Town Planning Department. Suffolk County Planning Commission, they have thirty days to review. They can make a recommendation in that time frames, or they can let it go by. Once the Board has received information back either for recommendation back from Suffolk County Planning Commission, and the Southold Town Planning Board, four to thirty days is gone. It just expired. MELANIE NORDEN: Has it expired? That is my question among many others. TOWN ATTORNEY YAKABOSKI: Mrs. Neville is telling me that the Southold Planning Board, and the Suffolk County Planning Commission are both asking for the SEQRA determination before they will make a determination. MELANIE NORDEN: So, how does the expiration date fit in? TOWN ATTORNEY YAKABOSKI: This is unusual where they are waiting for this. It is probably extended. MELANIE NORDEN: Now, does the clock start ticking also from the time we get the response back from Nelson, Pope and Voorhis? Is there again a forty-day window or some other window? TO" ATTORNEY YAKABOSKI: What has to happen when all this is done you have to hold a public hearing. MELANIE NORDEN: Right, but what is the timeframe for that? That is what I am asking. In other words, you have the reports back now. I understood, I could be incorrect, but I thought there was a time between the time in which you receive the reports, and the time in which you were required to under law to hold your public hearing. Okay. TOWN ATTORNEY YAKA130SKI: I don't see a timeframe just in a quick look. You are more than welcome to give my office a call tomorrow, and I will do a close review of this. MELANIE NORDEN: Okay, so we can expect that we are going to have a public hearing sometime in the near future. COUNCILMAN ROMANELLf: If the applicant goes forward with his application we will be forced to have a public hearing eventually on this subject. As far as the timeframe I don't think we have any sort of timefraine or schedule laid out for how this application will move forward. I think a lot depends or sits on the shOUlders of the applicant, and how strongly he wants to push the situation, and how strongly he wants to get dealt with. If there is not a push I would imagine from the applicant then it will take longer for the deadline or the period of time to come back. MELANIE NORDEN: Okay, great. Thank you. SUPERVISOR HORTON: Did we answer your questions? MELANIE NORDEN: Yep. SUPERVISOR HORTON: Okay, good, thank you. BOB GHOSIO: Good evening. I am Bob Ghosio, and I happen to live in the same neighborhood as the folks behind me. I think that perhaps one of the questions that they would like to ask but maybe 2/12/02 12 we haven't asked yet is whether or not in discussion of a change of zone such as the MaTine issue, and that piece of property that we have talked about, they are looking for a change of zone to increase the density of that piece of land. I think one of the questions that maybe we can ask and maybe the Board is ready to answer is whether the Board is predisposed to allowing zone changes to increase the density. SUPERVISOR HORTON: At this point what I would like to say is that the Board has not discussed a zone change since I have been here. We haven't discussed the project. We haven't discussed the change of zone in regard to that, so the Board has not yet made a determination. I don't think it has taken a stance in regard to that project. That project, as I know it is, you know the information I have on it is piecemeal. I have spoken a bit with...I think we are talking about the same piece here, I have had a brief communications with the owner of the property, and it is unclear to me what direction he will go. So, at this point you know it is not before the Board to even to discuss. BOB GHOSIO: Philosophically does the Board want to address whether or not they would be in favor of increasing density? SUPERVISOR HORTON: I don't think it is a philosophical situation because if we have an application before it is not whether we want to address or not, we have to address it. TOWN ATTORNEY YAKABOSKI: Bob, we also have to look at it through the planning with the town, which is always a guide. BOB GHOSIO: Very good. Thank you. SUPERVISOR HORTON: Any other comments from the floor? NANCY SAWASTYNOWICZ: The Shelter received a letter today, and we don't understand. It is about a meeting, and I am working with Mr. Moore now setting up an appointment. COUNCILMAN MOORE: I was trying to use the dates you had given me. NANCY SAWASTYNOWICZ: Okay, well, I said that one was out because that Regi isn't going to be in town. Then the next week you are away. COUNCILMAN MOORE: Those that can come will come and meet, and we are going to keep on meeting. If you can make it that is great, because I left a message for Reg on her answering machine last week, and haven't heard back from her yet. NANCY SAWASTYNOWICZ: I know she had a busy week, because I called her in the city this evening, and I have the dates that she could make it, and it wouldn't be that day. So, I will try to make it that day, and then I was just wondering we haven't really had time to review the recommendations from 1-12M. We just received them today, so do you think that would be still important to have that meeting because you sent all those letters out without anybody reviewing their recommendations. COUNCILMAN MOORE: I think we can go ahead and have that, because we will have Jarnie there. If you get a chance to look at it that is super. NANCY SAWASTYNOWICZ: I just got it today. I am going to try to get it to the rest of the people tomorrow. Al right. Good. Thank you. COUNCILMAN MOORE: Sorry for that confusion. JOHN NICKLES, JR.: Good evening. John Nickles, Jr. Sorry for interrupting earlier. I just had a simple question during your resolutions. I interrupted the process. I apologize for that. Number 103, can anybody explain that is, the Consortium Home Irnprovement Program Agreement with the County of Suffolk and Citibank, what does that have to do with? COUNCILMAN ROMANELLI: It is a grant application for home improvement program tied in with the County of Suffolk and Citibank, which I guess is probably the financier of the projects for home improvements. All the details I don't have. In fact I am going to a seminar on it, I believe, next Friday. 2/12/02 13 JOHN NICKLES, JR.: Does it have something to do with the Affordable Housing Program9 COUNCILMAN ROMANELLI: This is for home improvement in different areas. I don't have all the details. I can give you what I have on it, and I will fill you in on it after I go to the seminar. I believe it is a volunteer program (tape change) JOHN NICKLES, JR.: Thank you. SUPERVISOR HORTON: Thanks, John. Are there any more comments from the floor? BERNARD HEINSCH: Bernie Heinsch, County Road 48. 1 wonder if the Board would consider a little bit better definition where here you have listed 1000-63-3 besides the legal description? Is it possible that you could also define what road it is on, approximately where it is in the town? It would give many of the people that are now here an indication of where this is. SUPERVISOR HORTON: Bernie, I understand your recommeticlation. I would like to speak to that briefly, and just say that not only was that held but in answeri ii a your concern I would say that the time prior to the reading of the resolutions is the time actually Miere one can stand and ask the question that you just asked. BERNARD HEINSCH: Okay, this is not to this resolution, but to all resolutions were you give the tax number. We have no idea of knowing where it is. Not just to Ili is particular item. SUPERVISOR HORTON: That is certainly something that mal�cs good common sense to me. It is in the actual resolution that we have, and I think that we can incorporate it into the agenda that you receive. BERNARD HEINSCH: Thank you. SUPERVISOR HORTON: Any other comments from the floor? (No response.) Thank you all for attending the meeting. It is certainly a pleasure, and always an honor to serve you. Thank you. Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:20 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. Elizabeth A. Neville Southold Town Clerk