HomeMy WebLinkAboutTB-05/15/1995 78
SOUTHOLD TOWN BOARD
MAY 15, 1995
WORK SESSION
Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman
Alice J. Hussie, Councilman Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva,
Town Clerk Judith T. Terry, Town Attorney Laury L. Dowd.
9 :05 A.M. - Public Safety Dispatcher III John Raynor, Deputy Emergency
Preparedness Coordinator, met with the Town Board to make a presentation .on-'
the Interim Town of Southold Hurricane/Coastal Storm Emergency Response Plan,-,
which he prepared with the assistance of the Suffolk County Department of Fire,
Rescue and Emergency Services and the New York State Emergency Management
Office. The Plan details the specific agency emergency response activities that will ,--
be coordinated at the Town Emergency Operations Center during the different phases
of coastal storm emergency response, and describes how the Town government,
among the participating agencies, will address specific functional response activities
that are necessary in coping with a major storm. At the conclusion of the
presentation, the Town Board placed a resolution (20) on the agenda adopting the
plan.----Mr. Raynor then addressed the question of increased monthly charges to
the Fishers Island 911 service, incurred due to the installation of additional
equipment. The Town Board. placed a resolution (21) on the agenda authorizing the
increased monthly charges.
9 :40 A.M. - Transfer of Development Rights Work Group members Joseph =Fischetti,
Chairman, Lydia Tortora, and Anne Lowry met with the Town Board to review the
draft of the proposed Southold Preservation Credit Program. Mr. -Fischetti reviewed
the proposal, the purpose of which is to encourage the preservation of farmlands
and . open spaces and Southold's natural and cultural resources through the
conservation of its farmlands and open space. By designating sending - zones• the
program will ,encourage in those zones the ` preservation of prime agricultural soils, :
protect the groundwater supply and allow the Town's vistas and special places, :to ,-
be preserved for future generations. By designating receiving districts the Program.
will promote development which is "consistent with the goals of the town master plan
with primary emphasis on growth centers in, the hamlet areas. Anne Lowry advised
the Board she does not favor the proposal in its present form, that it will not save
farmland. Lydia Tortora said that she does not support the proposal,it' - ill not save
farmland, in 'fact it encourages and promotes development. Mr. Fischetti said the
current draft has been approved by a majority of the TDR Work Group, and he
hopes to, have it in final form by the end of the month.
10 :25 A.M. - Landmark Preservation Commission members Cliff Benfied, Chairman,
and Robert Kassner, and Senior Building Inspector Thomas Fisher met with :.the
Board to discuss a proposed amendment to the Landmark Preservation Law
concerning building permits for structures listed on the National and State Registers
of Historic Places and the Town SPLIA listing of buildings inventoried and.`:
researched by the NYS Division of Historic Preservation. Mr. Benfield said the
proposed amendment is requested because it came to their attention the Building
Department did not inform .the Commission of building permits being processed for-the
"Mattituck Octagon" building. When asked, the Building Department advised them
that no notification was in order, as the building does not appear- on the Town's
designated landmark list. However, the Octagon structure is listed'on the National
and State Register of Historic Places and was inventoried by SPLIA. Mr. Benfield
said that while the Commission has no legal way to either encourage preservation
or discourage destruction of an historic structure, it should be afforded the
opportunity to voice its positive or negative endorsements of such actions before they
take place. Mr.. Benfield submitted a proposed amendment to the Landmark
Preservation law to correct the situation, and Town Attorney Dowd will work with
him to put it into proper language for submission to the Town Board at their- next
meeting.
MAY 15, 1995 - 79
10 :50 A.M. - Planning & Zoning: In attendance was Senior Building Inspector
Thomas Fisher. Board discussed proposed amendments to Chapter 45 of the Code,
Fire Prevention and Uniform Building Code, and placed a resolution on the agenda
(22) to set a public hearing on same.----Board discussed a draft Land Clearing
Ordinance, the purpose of which is to allow owners to take advantage of the existing
vegetation on-site when developing a landscaping plan as part of site plan approval
on non-residential property. Councilman Lizewski expressed his dislike for such
a law. The proposal will be returned to the Code Committee for further
clarification.----Board discussed a proposed Local Law in Relation to Front Yard
Setbacks, and agreed to send it out to the Town and County Departments for
recommendations.----A .resolution•.. (24)•,-Was placed on -.the ° agenda ;'for •enactmeht of
A Local Law in Relation to Architectural Review - a public hearing was held on May
2nd.----A resolution (25) was placed on the agenda for a decision on the Marion
M. Geier petition for annexation of her property to the Village of Greenport - a
public hearing was held on May 2nd.----William Goggins, attorney for Depot
Enterprises, met with the Board. It was determined that a public hearing has been
scheduled on Depot Enterprises and it would not be proper to meet with Mr.
Goggins. He will state his case at the public hearing. A resolution was placed on
the agenda (26) to adopt a negative declaration with regard to Depot Enterprises
change of zone petition.----The Board next reviewed the Frank Cichanowicz III
petition for a change of zone, and placed a resolution (27) on the agenda to adopt
a negative declaration, and a resolution (28) to set a public hearing for
consideration of the petition.
12 : 10 P.M. - Recess for lunch.
1 :45 P.M. - Work Session reconvened and the Town Board met with Tom Mahr,
Dvirka & Bartilucci, and Solid Waste Coordinator James Bunchuck. The Board
reviewed the draft Briefing Document,. for Low Permeability ? Landfill Cover Relief
prepared by D&B for the NYS-DEC. Also discussed at this time was the possibility
of applying for a loan to Environmental Facilities Corp. for Environmental Quality
Bond Act grant money.----Solid Waste Coordinator Bunchuck submitted a proposal
to the Town Board for recycling incentives for corrugated cardboard delivered to
the Cutchogue Collection Center by eligible commercial haulers (see resolution
29) .----Mr. Bunchuck then reported on his visit to the East Hampton Composting
Plant.
2 :50 -P.M. - Personnel : Town Insurance Consultant William F. Mullen, Jr. , Senior
Accountant John Cushman, and R. Timothy Maran of Maran, DeBaun, Cruise &
Simonson, Insurance Specialists, met with the Board to discuss Workers Compensation
Insurance. Currently the Town's workers compensation coverage is with the State
Fund, and by moving the coverage to Public Employer Risk Management Associates
a $25,000 savings would be realized the. first year, then $30,000 per year thereafter.
The Board endorsed that proposed move to PERMA, and placed resolutions (30 &
31 ) on the agenda to accomplish same.-- -Request from Chief Droskoski for a part-
time Clerk Typist for Police Headquarters to assist the detective division. A resolution
(32) was placed on the agenda for the Town Clerk to advertise for resumes.----
Town Board placed a resolution (33) on the agenda to appoint Home Health Aides
for the Senior Adult Day Care Program.- --The Town Board received 38 resumes
for the position of Scale Operate at the Disposal Area. Solid Waste Coordinator
Bunchuck will be asked to interview the applicants and submit a short-list of ten
or, less applicants for the Board to interview.
3 : 10 P.M. - Request to close Topsail Lane for a Neighborhood Block Party on August
5th was placed on the agenda for approval (resolution 34) .----Questions concerning
yard sales and flea markets in business zones referred to the Code Committee.----
Proposed Local Law in Relation to Providing a Change in the Amount of Veterans
Exemptions was placed on the agenda (resolutions 37 & 38) for a negative declaration
and a public hearing on May 30th.
3 :40 P.M. - The Town Board reviewed the resolutions to be voted on at the 4 :30
P.M. Regular Meeting.
80 MAY 15, 1995
EXECUTIVE SESSION
3 :55 P.M. - On motion of Justice Evans, seconded by Councilwoman Hussie; it was
Resolved that the Town Board enter into Executive Session to discuss personnel
matters. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski,
Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans.
Also present: Town Clerk Terry, Town Attorney Dowd.,----As a result of this
discussion a resolution (39) was placed on the agenda to appoint Gary Blasko and
Stephen Ryan as Southold Town Police Officers from the Civil Service Preferred List.
4 : 15 P.M. - Work Session adjourned..
REGULAR MEETING
The Regular Meeting of the Southold Town Board was held on May 15,
1995 ,at the Southold. . Town Hall, Main Road, Southold, New York.
Supervisor Wickham opened the meeting at 4:30 P.M. , with the Pledge of
Allegiance to the Flag.
Present: Supervisor Thomas H. Wickham
Councilman Joseph J . Lizewski
Councilman Joseph L. Townsend, Jr.
Councilwoman Alice J . Hussie
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: We have several orders of business before we get
into our meeting, and the first thing we do after the Pledge of Allegiance
is to approve the audit of bills. That's the expenditures in the last couple
of weeks. Does anyone want to move that resolution?
Moved by Councilwoman Oliva, seconded by Councilwoman Wickham, it, was
RESOLVED that the following bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $94,564.20; General Fund Part Town.. ..
bills in the amount of $1,893.80; .Highway Department Whole Town bills in
the amount of $6,877.25; . Highway Department Part Town bills in the amount
of $4,399.93; Ag Land Development Rights bills in the amount of
$1,000.00; Tractor & Paylo,ader 'Capital bills in the amount of
$182,00.0.00; Employee Health Benefit Plan bills in the amount of
$14,602.47; Fishers Island Ferry District bills in the amount of $17,342:22;
Refuse &. Garbage District bills in the amount of $221,675.56; Fishers Island
Sewer District bills in the amount :of $2,038.54; Fishers Island Ferry
District Agency and Trust bills in the amount of $784. 18.
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. Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the minutes of the May 2, 1995, Town Board meeting be
and hereby is 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 regular meeting of the Southold . Town Board will
be hold a . 7:30 P.M., Tuesday, May 30, 1995, 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.
MAY 15, 1995
SUPERVISOR WICKHAM: We have a special treat for us today, at least for
me, to visit with some people, who I visited about two weeks. It was two
weeks ago Friday, I believe, when I was Principal for a Day in the
Creenport Elementary School. The Principal's chair, that I sat in, was that
of Kathleen Kelly, and she's here today, and she's brought some of the kids
from that school. So, I'd like to welcome you here. to the meeting of the
Southold Town Board, and I see that you, and Mrs. Kelly, have various
things there, and I'm sure that you'd like to show them to us, to the
Board. So, Kathleen, since you turned over your chair to me for a day,
now the floor is yours at this stage.
KATHLEEN KELLY: Thank you so much. It is an honor for us to be invited
here. Just as you came to our school to see how we operate, I think that
the students are enjoying seeing what goes on here. It's probably the first
time you've been to Town Hall. Yes? We have a presentation to you from the
Fourth Grade. They made a poster for you.
SUPERVISOR WICKHAM: Thank you, and who are you? Kenny Sholin, and
Ashley Biggs. It says, stop pollution, stop toxic waste, recycle, and
reuse. It's cool. Don't pollute. Keep the earth clean. Stop pollution. No
more confusion. Recycle. See the earth. Please do not pollute, and last one,
I can hardly read. Don't pollute in the water. It's not right for the fish.
Thank you very much. You did a very nice job.
KATHLEEN KELLY: I do believe that the sixth grade has something to
present, some thank you cards.
SUPERVISOR WICKHAM: I didn't know. that Principals ever came in for this
kind of thanks. Do you get that very often?
KATHLEEN KELLY: It's worth the job.
SUPERVISOR WICKHAM: A date to remember. Principal for a day, it was
Arbor Day. It was April 28th, as a matter of fact, and we did plant some
trees, didn't we? There were at least two or three hundred kids with one
big tree, and you can imagine that was quite a job, but fortunately there
were also a lot of little samplings for people to take home. We had lunch,
and a question and answer period after luncheon, in which, 1 think, it was
Mrs. Cole's sixth class had a series of 31 questions, that they asked of
us as to what our plans were, and what `we're doing for the town, and a lot
to do with waste reduction, so thank you very much. It was very nice
visiting you. Just a word about Principal for a Day. It really was an
experience on several levels. One of them was, I really enjoyed that little
breakfast. I'm not sure if everybody knows, that the Creenport School
System has a federally supported. breakfast. I think it really does make a
difference, not just for people to eat, but probably make a difference
throughout the whole day for people':s attitudes, and how well they adapt
and live through a long day of school. There was another issue that was
interesting, that I think some of the ,Board might be interested, and that is
don't be a couch potato. That was Friday the 28th was the culmination of
one week of being deprived from watching television. All the kids took a
pledge not to watch television for a week, and they had to sign it. Then at
the end of that week, because this was the last day, they could redeem that
pledge at the library. First of all, somebody bought a sack of potatoes, and
then they had placards, and walked around the school, saying, don't be a
couch potato, read. That the substitute is to read the books from the
library, as a replacement for watching television, and how many of you
actually did shut off your television sets for that week? You really did?
So, you really didn't watch it? I'd have to say, I'm really not familiar
with television because we don't even have one in our house. There's one
other thing for the Town to think about, and that is the support that we
provide indirectly to schools through the Juvenile Aide Bureau. I think you
all know Beth Wilson, who's an important part of our Town government.
When I was Principal for a Day, every once in awhile there's a problem, that
the Principal has to handle. Several calls that came in had to deal with
kids who weren't in school like they were supposed to be. Somebody had to
run over, and see what's going on in their- homes, or the street, or
whatnot; and that's where the Town's Juvenile Aide Bureau comes in.
would just like to remind the Board, I came away with this experience
impressed with the Juvenile Aide Bureau work, that we're doing, and the
importance of strengthening it. I think this is something that we're going
to be looking at in the future as a way that we can assist the schools.
Kathleen, it's be a great pleasure. I hope you can be Supervisor for a day.
MAY 15, 1995
8 -2
I . REPORTS.
1 . Southold Town Justice Tedeschi's Monthly Court Report for
April, 1995.
2. Southold Town Scavenger Waste Treatment Facility Monthly Report
for April, 1995.
3. Lawrence Healthcare Town Claim Montly Report for April, 1995.
4. Lawrence Healthcare PBA Claim Monthly Report for April, 1995.
5. Southold Town Board of Trustees' Monthly Report for April, 1995.
6. Southold Town's Program for the Disabled Events for April, 1995.
7. Southold Town Clerk's Monthly Report for April, 1995,
8. Southold Town Recreation Department Monthly Report for April,
1995.
9. Town of Southold Executive Summary 1995 Budget as of April 30,
1995.
II . PUBLIC NOTICE.
1 . New York State Department of Environmental Conservation, Notice
of Complete Application of John Schlecht to construct a stone revetment
against eroded bluff and backfill, install a walkway and stairs. Property is
located at 56425 North Road, Southold, New York. Comments to be received
no later than June 8, 1995.
2. New York State Department of Environmental Conservation, Notice
of Complete Application of Beryl Wilcox to construct a stone revetment
against bluff and backfill, and install walkway and stairs. Property located
at 56305 North Road, Southold, New York. Comment to be received no later
than June 8, 1995.
3. New York State Department of Environmental Conservation, Notice
of Complete Application .of Marianne Clarke to construct a stone revetment
against bank and backfill, install walkway and stairs. Property located 'at
56525 ' North Road, Southold, New York. Comments to be received by June 8,
1995.
4. New York State Department of Environmental Conservation, Notice
of Complete Application of Frank Passaro to construct a stone revetment
against bank and backfill, install walkway and stairs. Property located at
56655 Main Road, Southold, New York. Comments to be received by June 8;
1995.
III . COMMUNICATIONS. None.
IV. PUBLIC HEARINGS.
1 . 5:00 P.M., on a proposed "Local Law in Relation to Beach
Parking".
2. 5:05 P.M., on a proposed "Local Law in Relation to Parking".
3. 5:10 P.M., on a proposed' "Local Law in Relation to 'Site Plan
Approval".
V. RESOLUTIONS.
SUPERVISOR WICKHAM: We have at our meeting now a whole series 'of
resolutions, that we're going to take up dealing with different Town Board
matters, and anyone who wants to -leave the room, this is a good time to do
it. We can proceed with our meeting of the afternoon. We have a ' series of
thirty-some resolutions, and three public hearings. We're going to interpret
the resolutions at about five o'clock to carry out those hearings. In the
meantime we're ready to begin with the first of the resolutions that are in
front of us. This is an opportunity to anyone in the audience who would like
to address the Board on any one of the resolutions in ..front of us. Yes, sir,
Mr. Flynn?
F.M. FLYNN: I'm F.M. Flynn, a resident of the Town of Southold. I
must confess that I find myself now in a position, I don't know what I'm
talking about, and I'd , like a little clarification here. You have a
resolution #25, with respect to the Geier property, and the Board consents
to the annexation of the property to the Incorporated Village of Greenport.
MAY 15, 1995 V 3
Now, I was under the understanding that this was a conditional release of
the property, rather a total release of the property to the Village of
Greenport. I had that understanding based upon my attendance at the Work
Session this morning, so I now read this. That the Town Board intends to
disencumber itself of this parcel with no strings attached to the Village of
Greenport. Am I correct in that assumption?
SUPERVISOR WICKHAM: I think the best thing to do is to read the. .
F. M. FLYNN: This is the weakness of this whole system. How can one
address these resolutions, when one doesn't know how they read.
SUPERVISOR WICKHAM: I'll read this quickly. This has to do with the
proposed annexation of the Geier property on the outskirts of Greenport.
Whereas, they've applied for consent of the annexation, whereas the Board
finds that the petition complies with the provisions of Article 17 of the
General Municipal Law. Whereas, this Board finds that the economic. use of
the property would be enhanced if it were within the Incorporated Village of
Greenport due to the supply of electricity, water, and sewer under
favorable terms, and whereas, tax revenues to the Town from that . parcel
would be increased from present levels, if the parcel -were to be
economically used. Whereas, the appearance, utilization, and public safety
of the parcels are all likely to be advanced if the subject parcel were part
of the Incorporated Village of Greenport, and whereas, the subject parcel is
surrounded by three of it's four sides by Village property. Whereas due
consideration has been given to such application, and the Board finds, and
determines that it is in the overall public interest, _that the annexation
should be consented to, now, therefore, be it resolved the the Town Board
of the Town of Southold determines that the annexation of the property is in
the overall public interest, and there follows the metes and bounds, and be
it further resolved , that the Town Board of the Town of Southold hereby
consent to such annexation, resolved that the Town calls on the Village to
exercise care in how it zones the parcel as as to be consistent with the
Town's Master Plan, and related plans for the Route 48 corridor; and
finally, be it further resolved that the Town Clerk be and she hereby is
authorized and directed to file in her office and cause to filed in the
office of the Clerk of the Village of Greenport. This is subject an action
that will need to be taken by the Greenport Village Board.
F.M. FLYNN: Exactly, and what you're saying is that the Village Board
should exercise reasonable care. You are in effect releasing this without
any control of the future use of that property by the Town of Southold.
Now, this I find a rather unique reversal of form. The same Board, the
majority of the same Board attempted to upgrade this parcel, unzone this
parcel, perhaps a year ago, and the reason advanced was that the present
zoning of the property .would adversely. affect the environment, including the
economic environment. Now, what is proposed is for the Town Board to
release it to the Village of Greenport, and the Village of Greenport openly
saying that they intend to devote ' it to commercial use, but there is no
binding action on the part of the Village of Greenport, as to what use it
can be put. This is not right from the standpoint of the residents of the
Town of Southold, who's interest you are supposed to protect. This parcel,
and related parcels in the area, have been the subject of a political
football game from the onset. If you were to trace the history of these
parcels, you would realize that they were in the previous Master Plan, they
were zoned for low density residential development. Then the previous Board
spot zoned them for the existing density of development. RPPW came
along, and recommended to the previous Town Board that they re-zone for
low density use, and the previous Town Board ignored the recommendations
of the professionals, and put it into Hamlet Density. Now, a great deal of
these parcels, and this one in particular, are wetlands. You've had the
Village, of Greenport maintaining that the development of this parcel would
have no effect on the environment. How do these statements jive? Are you to
take the word of the administration of the Village of Greenport, the same
Village which took my tax -fund, and you provided it for Village purposes? I
don't believe one word emanating from the Village of Greenport. Now,
there's one other thing, and it's not particularly important, but it's
indicative of the carelessness with which this whole matter has been
handled. Mrs. Hussie stated that the tax revenues emanating from this
parcel, somewhat over $800., 1 forget the precise figure. The actual
revenues reverting to the Town are actually $6,993.42, which is
8 4 MAY 15, 1995.
approximately eight times the revenues that were used to casually dismiss
this property, as being worthless to the Town of Southold. Now, my final
statement is .that I believe that it is incumbent on this Board to know what
they are doing with this parcel. I've heard it said, well, it really doesn't
matter too much, because this parcel borders on the Village of Greenport:
The Village has to stop someplace, and the Town has to start someplace
else. Is the opening wedge, that you're going to gradually move westward
with the Village of Greenport, and dedicate more and more parcels to them?
This is a much more important issue, than the �Town Board has considered 1t
to be, and I suggest that you carefully consider what is being done here,
because it does- not benefit the residents of the town to have that property
developed commercially, when you previously stated that the consensus of
the majority of the Board was that there should be intensive development in
that area. Thank you.
COUNCILWOMAN HUSSIE: Mr. Flynn, the number that I gave you for
$495. annually was the net result of the lose that we would get on the
taxes, because we will be taxing that as a town.
F. M. FLYNN: I'm well aware of that, but that figure isn't correct either.
The deferential I can tell you exactly. It's in the neighborhood of $600.
and some odd dollars.
COUNCILWOMAN HUSSIE: $600.00
F.M. FLYNN: No, $496.36 to be exact, not $800. and some odd dollars,
but the way it was presented publicly was that the taxes emanating from
that parcel where $800, and some odd dollars.
SUPERVISOR WICKHAM: Thank you for those comments. I think the Board
heard them clearly, .and I think we'll take them into account.. Does the 'Board'.
want 'to 'respond to them at this stage?
COUNCILMAN TOWNSEND: The merits of turning over or not we can
discuss at the time of the motion, but I don't believe we have the legal
authority to put limitations on the zoning of a property that we annex, so
the only thing we can do in this issue is to put our preferences 'in .the'
resolution. Even if the Village Board was of a mind to promise all sorts "bf
things, they could of course with the next administration, turn around "and
change it 1000. So', we can not put provisions on this thing'. It's a decision
whether to annex, and whether that would be the ultimate good, knowing
that the zoning is going to be a subject that the Village will have to take-'
up.
GEORGE CAPON: George Capon; 5119 Seventh Street, Greenport. I wasn't
here to talk about this Geier thing, but come back quite a few years ago,
when Supervisor Martocchia was here: They tried to take in, at the time it
was Driftwood Cove is what it is now, into the Village. Al Martocchia got
up and said, look if you do that we are putting our foot into a hole Once
the Village got Driftwood Cove into the Village, that would mean Seventh
Street, Eight Street, Ninth Street would drift right into the Village. ' I'm,
going to tell you now, that if the Town does give up the Geier property-'
that -is a step where the Village owns Clark's Beach, well, we want this in
the Village, and take it out of the Town. There going to 'keep_ coming up to,
us, and I'm afraid I'm against this here. One other thing ' I'm here for is on
the parking, that is on the thing. I understand they're going have no
parking on Seventh' Street.
TOWN CLERK TERRY: George, excuse me, but why don't you wait until, the-
public hearing, and then it will be on the record of the public hearing.
SUPERVISOR WICKHAM: Is there anyone-else who would like to address the
Board on any of the resolutions before us this evening? (No response. ) If
not, I think -we're ready Ao begin with our first one.
MAY 15, 1995 8
1 .- Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Jim McMahon to attend a meeting at the New York State Department of
Environmental Conservation Region 3 office, Tarrytown, N .Y. , on June 1,
1995, from` 1 :00 P.M. to 3:00 P.M., in reference. to the Town of Southold
being awarded two (2) grants through the 1995 Nonpoint Source
Implementation Grants program; and the use of a Town vehicle for travel,
and tolls shall be a legal charge to the 1995 Drainage Budget.
1 . - Vote of the- Town Board: Ayes: Justice Evans, Councilwoman Oliva
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
2 .- Moved by Councilman Lizewski, 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 agreements with the
following individuals for the summer 1995 recreation programs, all in..
accordance with the approval of Town Attorney:
Amy Suedmier (T-Ball) $ 15.00 per hour
George Cairns (T-Ball) 15.00 per hour
Vicki Schupp (Custer Institue - Stargazing) $ 25.00 per person
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 Councilwoman Oliva, seconded by Councilwoman Hussie, it .was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret, the resignation of Jennifer R. Raymond, Cook for the Southold
Town Nutrition Center, effective May 12, 1995.
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 Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is 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 Beach
Parking", which amends Chapter 65 (Parking at Beaches) of the Code of the
Town of Southold be restricting. and regulating the parking of vehicles in
the parking areas adjacent to the . bathing beaches, road ends, and
recreation facilities. 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.
i► - 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 Councilman Townsend, seconded by Justice Evans, it wa
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617. 10,
and Chapter 44 of the Code of the Town of Southold, notice is 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.
5.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
8 MAY 15, 1995
6.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following modification to the General Fund Whole Town 1995 Budget to
appropriate funds for the regulatory road and signs:
To:
A3310.4. 100.995 Traffic Control, Signs & Sign Parts $ 6,050.00
From:
A1440.4.500.200 Engineer, NYS Road Runoff Projects $ 6,050.00
6. - Vote of .the Town Board: Ayes: Justice "Evans, Councilwoman Oliva;
Councilman Townsend, Councilwoman Hussie, Councilman . Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
7 .- Moved by .Councilman Lizewski, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following modification ,to the General Fund Whole Town 1995 Budget to
appropriate Park & Playground funds .for the improvements to the Sandy
Beach Boat ramp:
To:
Revenues:
A2025.00 Special Recreation Facilities $ 2,500.00
Appropriations.:
A7110.2.500.375 Park & Beach Facilities $ 2,500.00
Boat Ramp Improvements
7 .- 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 propose we recess now, so that we can begin our
first public hearing.. Do I hear a motion?
Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that a recess be called at this time, 5:00 P.M., for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
MEETING RECONVENED AT 5:30 P.M.
SUPERVISOR WICKHAM: We can resume our resolutions.
8•- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the . following modification to the General . Fund Whole Town 1995 Budget to
appropriate donated funds- for the Tree Committee:
To
Revenues:
A2705.30 Gifts & Donations, Tree Committee $ 3,710.00
Appropriations:
A8560.4.400.200 Trees and Tree Maintenance $ 3,710.00
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 Councilman Lizewski, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby requests
the New York State Department of Transportation to conduct a traffic study
at the intersection of Oaklawn Avenue AND NYS Route 25, Southold, due
to a potentially dangerous traffic situation at that site due to visual
obstacles to the west of Oaklawn Avenue.
9.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
MAY 15, 1995 87
10'.-Moved by Justice Evans, seconded by Councilman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby makes the
following reappointments/appointments to - the Fishers Island Harbor
Committee, all in accordance with the membership of the committee, effective
May 15, 1995 through May 15, 1996; they to serve without compensation:
Leslie 0. Goss Fishers Island Civic Association
Frank Bohlen Fishers Island Yacht Club/Off Island
Kenneth L. Edwards, Jr. Fishers Island Lobstermen's Association
(replaces Tom Doyen)
Reynolds du Pont, Jr. Pirate's Cove Marine/Goose Island
Steve Malinowski Aquaculture/Fishers Island Fire Department
David C. Patterson Hay Harbor Club
Harris Parsons, Sr. Fishers Island Club
Marguerite Purnell Fishers Island Conservancy
(replaces Cynthia Estabrooks)
Annie Burnham Island People's Project
(replaces Cindy Gillan)
William C. Ridgway III Fishers Island Development Company/Hay Harbor
Development Company
Elbert M. Burr, Jr. West Harbor Property Owner
Scudder Sinclair West Harbor Property Owner
David R. Wilmerding, Jr. Hay Harbor Property Owner
Ex-Officio members :
Louisa P. Evans Southold Town Justice - Fishers Island
'Thomas F. Doherty, Jr. Fishers Island Bay Constable
William Wall Fishers Island Assistant Bay Constable
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 Councilman Townsend, seconded by Councilwoman Hussie, it
was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement between the
Suffolk County Office for the Aging and the Town of Southold for the senior
citizens' Supplemental Nutrition Assistance Program (SNAP) for the period of
April 1, 1995 through March 31, 1996, at a total cost of $31,510.00; .all in
accordance with the approval of the Town Attorney.
11 .7Vote 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 Councilwoman Hussie, seconded by- Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for bids for Laboratory Analytical
Services for Southold Landfill Closure Investigation, all in accordance with
the specifications as approved by the Town Attorney.
12 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Rescinded Jul,;; 11 , 1995 by Resol. #�9
13. -Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Solid Waste Management District to rent a READ Waste Manager yard
waste screener for a one (1) month period, at a cost not to exceed $10,000.
SUPERVISOR WICKHAM: This is part of our Yard Wast Composting
operations.
13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
88 MAY 15, 1995
Rescinded .tune 27, 1995, Resol. ##26
14•-Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of 'Southold hereby authorizes
the Solid Waste Management District to rent a JENZ American leaf and bag
shredder for a one (1) month period, at a cost not exceed $7,000.
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 Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to readvertise for additional members for the
Southold Town Transportation Committee.
15.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsendi Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
16.-Moved by Justice Evans,. seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby closes the
northerly 150 feet of East Side Avenue, Mattituck, between the hours of .
1 :30 P.M. and 4:30 P.M., on Sunday, June 4, 1995, to provide a safe area
for the Pack 39 Matti tuck-Cutchogue Cub Scouts' Cubmobile race (soap box
derby), which is being held in conjunction with their annual picnic at
Scouters Lodge at Bailey Beach, provided they file with the Town Clerk a
One Million Dollar Certificate of Liability Insurance naming the Town of
Southold -as an additional insured.
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 Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the purchase of one (1) used 1994 Chevrolet Caprice Police Vehicle, fully
equipped, from the Village of Creenport, at a cost of $12,000, and
chargeable to Police, Motor Vehicles, Automobiles (A3120.2.300.100) .
17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend;Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolution was duly ADOPTED. .
18.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Transportation Committee Chairman Neb Brashich to attend
the National Scenic Byways Regional Meeting to be held in Albany, N.Y. on
June 9 E 10, 1995,' and the $25..00 registration fee, and necessary expenses
for lodging, meals, and travel shall be a legal charge to the Transportation
Committee's 1995 Budget.
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 appoints
Paula Wasley as a Technician under the Fishers Island Safe BTI Mosquito
Control Program, effective June 1, 1995 through September 5, 1995, at a
salary of $6.50 per . hour; and Kirsten Unfried as a Technician-Trainee
under the same program, effective June 1, 1995 through September 5, 1995,
at a salary of $6.50 per hour; total expenditure not to exceed $7,000 for
1995.
19.-Vote of the Town Board: Ayes: Justice Evans, . Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
MAY 15, 1995 89
20.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, Southold Town is charged with the protection of life and property
when a hurricane or related weather event strikes; and
WHEREAS, past hurricanes and coastal storms have caused injuries,
threatened loss of life, and resulted in substantial damage throughout
Southold Town; and
WHEREAS, for over a period of one year, the staff of the Town of Southold
Emergency Preparedness . Department, along with New York State
representative, has worked closely with all pertinent federal, state, county
and local authorities to reevaluate and to revise each agency's plan of
action in the event of a hurricane or coastal storm; and
WHEREAS, all these agencies have worked to produce a single document for
the Town's response to' hurricanes and similar weather related emergencies;
now, therefore, be it
RESOLVED that the Southold Town Board, pursuant to New York State
Executive Law, Sectioh , 23, adopts the Town of Southold Hurricane/Coastal .
Storm Emergency Response Plan and orders and authorizes the participation
of all Southold Town departments and agencies in the implementation,
activation and performance of their respective responsibilities and
activities in accordance with the Town of Southold Hurricane/Coastal Storm
Emergency Response Plan.
20.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution Was duly ADOPTED.
2i .-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the installation of new equipment on the Fishers Island 911 service, which
results in a $1,141 .29 increase in the monthly charges.
21 .-Vote of the Town-.' Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
22.-Moved by Councilwoman Hussie, seconded by Councilman Townsend,
WHEREAS, there was presented to the Town Board of the Town of Southold
on the 15th day of May, 1995, a Local Law entitled, "A Local Law in
Relation to Building Code"; now, therefore be it
RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, May 30,
1995, Southold Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on this Local Law, which reads as follows:
A Local Law in Relation to Building Code
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 45-8 (Fire Prevention and -building Code, Uniform) of the Code of the
Town of Southold is hereby amended as follows:
A. No person, firm or corporation. shall commence the erection,
construction, enlargement, alteration, removal, improvements, demolition,
conversion or change in the nature of the occupancy of any building or
structure, or cause the same to be done, without first obtaining a
separate building permit from the Building Inspector for each such
building or structure; except that no building permit shall be required for
the performance of ordinary repairs which are not structural in the nature.
B-: GeRteRts-ef appifsatieR.
(�-) Ap�iisatiea-few#e-I +i4+ag-peFM6t-shall be-made-G4he-Bu+iding
1R6pesteFOR fG�as-pr-GVided-bye-him-and-shall-seRtair+4he-feltewiag
iAfeRMatieR=
(a) A-descrip4GR-ef th land-eR-w-hish-the-prepesed-wed is-tebe
deRe.
(b� A-statement-ef-the-use-eesUpaRey-ef-a-"aFt15 Of tfae-iand-and
the-bwildiRg-GtFuGWre.
90 MAY 15, 1995
T--he-ValeatiGR-Gf the-qFGPesed-we*.
(d� The-fdl4-Rame-and-address-Gf-he-swRer and-Of tae-aPpt+saRt
and-the-Rames--and-addresses-ef-4beir FespeRs+bje-G iseF&4
an,yL-G t4eap-are-serperaUGRs-
_ A-brief-dessripUen Gf the-Ratwe-ef-th"r-epesed-wGFk.
(f) A-set-Gf plans-ai d-spesi#isatieRs;4n4r+pt+4ate;as-set#GFth-iR
S44bsest4eR-S e G.49R.
(g) SuGh-ather-fifermat+en as-may reaseRab"e-fequired-by-the
Build+Rg-tRspester-te�stabt+sty-seR�ptiaiase�f-t#e-proposed
wer10ovith the fequ*emeRts-ef-the-apptisabte bum+ g-flaws;
eF4iRaMes-and4egulat4eRs.
(�) Applisatien shall-be-made by-the-ewReFer-tessee,-GF ageRt-of-eitl
er-by-the-afs RgtaeeR er-bai ldepempteyed-iR seRRestieR-With
the-prepesed-werk. r
B. Any building permit issued in violation of the provisions of this chapter
shall be null and void and of no effect without the necessity for any
proceedings revocations or nullification thereof, and any work under-
taken or use established pursuant to the issuance of a permit in violation
of the provisions of this chapter shall be invalid._
G. WaRsan pesifsatieRs.
( 4 €.ash-ayp4GatieR-fer-a-buifdin permit shall-be-assempaRied-by r
three-(3) copies-ef-plans-and-spesifisati9f;6 if;GWdiRga-pletplaf;
drawR-te-sale,shewiRg-the-lGGa#9n-and-s"e Gf all pF-9pGse4-pew
GonstruGt eR-ape all existi stNFe6 R.the-sites the-Rat6Ts-aR4
Gharaster ef-the-, Fk te-be- bOwmedand-the-FnateFials-te-be
+ReeFperated;-distaRG the Rship-ef-strlstuFes
eR-adiGiRiR"r-GpeFfy,width s-and-gFades-ef-adieiaiRgstFeets,wanks
and-alleys apd,where-Fequired-by-the Building-IRspestep,-details--ef
estrisal-wgFI�-Hmnli Id+Rg-GGFAOWtatieRs,
stFess-diagFams-and-etheF-esse4a[4eshRisal-data.
( WheReveF-the-plaRs-a GFnpaRrRgaR-applisa4GRar$-for-a
stFusture-which;-iR-the-epiRieR-ef-the-lRspesteF,is-ef-semyteX
design;-the-IRspeGt6r shall-Fequire-the-applisaRt-te-#+le-aR
affidavit-signed-by-a-tiseRsed-aFGhitest-eFeNiRee GeFti€ @
that-the-plaRs-and-spesifisatieRs-seFRply-with-the-pFewslG Gf
the-IaifeFm-Gede-as-iR-feFGeaR-tlae-date-ef-the-applisatieR. lR
sash-case-the-inrpester--�y;-iR-his-dissre#Gn empley-a
tiseRsedaFshiteGt 9F engiReer-te-ex rniRe-4he-plans The
amGust-by-which the-Gent G Gh-examiRatieR,aet-9XGeeding
GRe-half(1l2) of the-peR*Pee-required,shall-be-add
ed-te
suG"ermif-fee-and-paid by-the applisaRt befeFe-the-permit
shall be issued. lR-the-event-that the-lRspester-employs-a
licensed-eRgineer-er-a rshiter*wsdeF-this-subsestier the
lnspeste may pen-the-advise-ef-sash- —hiteGt OF
eRgmee as-te-whetheF such-plans-and-spesi#iGationG comply
with-the-t�Rlf eFfla-cede-
:.... MAY 15, 1995 91
(#} Whenever-he-plans-aesemyaRyiRq-a ppHG8 ieR-are-fef a
stFUGWFe !Gh,-iR4hepiNGR-ef-the-IRspester;-is-ef-semp4ex
�
design;the4mpester-may,-4R-44is-4issre4eR;-issue-4h"ermit
sub eG G4he-BeRditieR-that-aR-aFGhiteGt-andleFeRgiReeF
whes"da4ffGa#GRG aFe-asseptabie-to-hirn (and-w4o4nay-be
aIfeady-et:pisyed-by-the-ewRer-sr-buiide"e-ernpkW?d-by-the
swRer-eF-builder to supervise-a4-werl-done-uRdeFthe-peFmi#, to
see-that be-weFk-senferms-with4he-appreved-plans-and
speeiftatiens,and-€eftbwith-upeR-its-ssFnpletieR-te-FRake-and
€+ie with the4nepestor- n ff+dawt-gr affidavits-that heir-they
have-sempfied with-a44RspestieR-feguifements-ef-this-shaptef
and4hat-t4e-wwk has-been-sarfled-eut-aGGGFdiRg to the
appkeved-plansand-spesifisa#GRs-and-iR-asseFdaRse-wit#-the
pf9 i8iARe-9f-t }e-t�flif9ffFl-Cede. lR-r, h-Gaee-the !RrpeGteF
may-Fely-upeR-sash-affidavR-eF-affidavits-as-evideRee-that-such
bufidiRg-eeRfG FFas-sebstaRtiafly4o-the-approved-piaRs-and
speGW+GaUGRs-and-requ+fefneRts-ef-the-4Riferm-Bede-apptyiRg
te-buiid+Rgs-of-its-Glass-aR"Rd-
�} PaRs-and-speGMGa#ens-shall-bear-the-siQRatufe-e€tfie-pefseR
respeRsible-ref-tkle-design-e€-the-dFawir�gs. � .
(3) lR-Gas er,'WheFe-the-pfepesed-weFk-Gan44hepNise-be - GWR to-sefa-
ply with-a44equifergents-o the-tllnifeFm Gede-and-etheF-W44449
laws;GFdiRaRses-aad Fegulatiens;the-gdild+ng lRspester-may-waive
the-fequifemeRVQF-filiRg plaR&-
B- AmeRdmeR e-appkatieR-w te-the-plaRS and-speeifisatieRs
as anyiRg-the te-the GefapletieR
0 the-weFk, supjest G4he approval.ef-th -Rapester-
C. Applications. EyerV application for a building permit shall contain the
following information and be'accompanied by the required fee and a plot
Plan drawn to scale and signed by the person responsible for each
drawing. If no such plot plan is available, a survey is required, prepared
by a licensed engineer or land surveyor. In addition, plans and specifica-
tions shall be filed with the building permit application to enable the
Building Inspector to examine such plans to ascertain if the proposed
building will comply with applicable building construction, housing and
fire codes.
The actual shape, dimensions, radii, angles and area of the lot on
which the building is proposed to be erected, or of the lot on which it
is situated if an existing building, except in the case of the alterstions of a building which do not affect the exterior thereof.
(2) The section, block and lot numbers, if any, as they appear on the
latest tax records.
The exact size and locations on the lot of the proposed building or
buildings or structural alteration of an existing building and of other
existing buildings on the same lot.
The dimensions of all yards in relation to the subiect building, and
the distances between such building and nay other existing
buildings on the same lot and adiacent lots.
The existing and intended use of all buildings existing or proposed
the use of land and the number of dwelling units the building is
designed to accommodate; and the necessary computations to
establish conformity to the bulk and density regulations.
92 MAY 15, 1995
(6) Such topographic or other information with regard to the building
the lot or neighboring lots as may be necessary to determine that
the proposed construction will conform to the provisions of this
chapter.
r
An application for a building permit for construction on a vacant lot
which is not on-an approved subdivision map shall be accompanied r
by a certified abstract of title issued by a title company which shall
show single and separate ownership of the entire lot prior to April 9
1957.
D. No building permit shall be issued for the construction or alteration of any
building upon a lot without access to a street or highway as provided by
Sec. 280-A of the Town Law.
E. No building permit shall be issued for any building where the site plan of
such building is subiect to approval by the Planning Board except in
confonmity with the plans approved by the said Board.
F. No building permit shall be issued for a building in any district where
such use is permitted by special exception unless and until such
approval has been duly granted.by the board having jurisdiction thereof.
G. No buildin4 permit shall be issued for any building until approval has
been received frofn the Suffolk County Department of Health Services for
the proposed water supply and sewage disposal system.
H. The building permit application and all supporting documentation shall be
made in triplicate. Upon the issuance of a building permit the building
Inspector shall return on (1) coov of all filed documents to the applicant.
1_ The Buildina Inspector shall, within ten (10) business days after the filing
of a complete and properly prepared application. either issue or deny a
building permit. If a building permit is denied the Building Inspector shall
state in writing to the applicant the reasons for such denial
J. Every building permit shall expire if the work authorized has not com-
menced within twelve (12) months after the date of issuance or has not
been completed within eighteen (18) months from such date If no zoninq
amendments or other regulations affecting the property have been
enacted in the interim, the building Inspector may authorize in writing,
the extension of the permit for an additional six (6) months Thereafter, a_
new permit shall be required.
K. As soon as the foundation of a building or of any addition to an existing
building is completed and before first-story framing or wall construction is
begun, there shall be filed with the building Inspector an accurate sur-
vey, signed by the person responsible for said survey, showing the exact
location of such foundation with respect to the street and property lines of
the lot. No further construction shall be performed until such survey is
approved by the Building Inspector.
L. Permit fees.
P
iM The following fees shall be paid upon the filing of an application with
the Building Inspector for a building permit which fees shall be paid
into the general fund if the application is approved or retumed to the
applicant if the application is denied:
MAY 15, 1995 93
(a) Single-family dwellings:
L1 New dwellings and alterations or additions to existing
dwellings: seventy-five dollars ($75.), plus twenty cents
($0.20) for each square foot of floor area in excess of eight
hundred fifty (850) square feet,
[21 Accessory buildings and additions or alterations to existing
accessory buildings: thirty-five dollars ($35.), plus twenty
cents ($0.20) for each square foot of floor area in excess
of five hundred (500) square feet.
Farm buildings and additions or alterations to existing farm_
buildings: fifty dollars ($50.) for each building.
(c) Hotel, motel, multiple dwellings and business, industrial and all
other buildings, including wineries:
Ll New buildings and additions and alterations to existing
buildings: one hundred fifty dollars ($150.), plus twenty-
five cents ($0:25) for each square foot of floor area in
excess of one thousand (1,000) square feet.
[2.1 Accessory buildings and additions and alterations to
existing accessory buildings: thirty-five dollars ($35.), plus
twenty cents ($0.20) for each square foot of floor area in
excess of five hundred (500) square feet.
Foundations constructed under existing buildings: seventy-five
dollars ($75.).
In-ground swimming pools, together with required enclosure
fencing: one hundred fifty dollars ($150.). Aboveground swim-
ming pools, togetherwith required enclosure fencing: fifty
dollars ($50.).
(f� All other structures (i.e., fences, satellite dishes, etc.) and
additions and alterations to such structures: thirty-five dollars
35.
Lqj The permit fee for all signs shall be fifty dollars ($50.) per
permit.
Demolition and/or removal of any building: fifteen dollars ($15.)
minimum and ten cents ($0.10) for each square foot in excess
of three hundred (300) square feet of floor area.
(2) If an application is denied and a Notice of Disapproval is issued, the
applicant shall pay a fee of twenty-five ($25) dollars.
(3) For the purpose of this Subsection L, cellars, decks, attached
garages and any habitable area shall be included in the calculation
of floor area.
u Notwithstanding the foregoing, no fee shall be required of or paid by
taxing entities or districts, including but not limited to fire districts,
school districts, park districts and the like.
,9 4 MAY 15, 1995
II . Chapter 100-281 is deleted in its entirety.
III . This Local Law shall take effect upon filing with the Secretary of
State.
* Unline represents additions.
** Strikethrough represents deletions.
22.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
23.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 15th day of May, 1995, a Local law entitled, "A Local
Law in Relation to .Front Yard Setbacks"; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to transmit this. Local Law to the Southold Town Planning Board and
the Suffolk County Department of Planning, all in accordance with the
Southold Town Code and the Suffolk County Charter. This Local Law reads
as follows:
A Local- Law in Relation to Front Yard Setbacks
BE IT ENACTED by the Town Board—of—the. Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
1. Section 100-83 (Frontyard Setbacks) is hereby added as follows:
Structures shall be set back at least one hundred (100) feet from the
right-of-way; except that if the adjacent parcels are developed the
minimum frontward setback shall be the average of the setbacks of the
adiacent Darcels. A proiect shall be divided into separate structures so
that no single structure shall have more than sixty (60) linear feet of
frontage on one street. The setbacks of multiple structures on a parcel
may-vary, provided that the average setback of the structures meets the
setback required above.
2. Section 100-103 (Frontyard Setbacks) is hereby added as follows:
Structures shall be set back at least one hundred (100) feet from the
right-of-way. except that if the adiacent parcels-are developed the
minimum frontward setback shall be the average of the setbacks of the
adiacent parcels. A Droiect shall be divided into separate structures so
that no sinqle structure shall have more than sixty (60) linear feet of
frontage on one street. The setbacks of multiple structures on.a parcel
may vary. Provided that the average setback of the structures meets the
setback required above.
3. Section 100-943 (Frontyard Setbacks) is hereby added as follows:
Structures shall be set back at least one hundred (100) feet from the
right-of-way. except that if the adiacent parcels are developed the
minimum frontward setback shall be the average of the setbacks of the
adiacent Darcels A project shall be divided into separate structures so
that no single structure shall have more than sixty (60) linear feet of ^
frontage on one street The setbacks of multiple structures on a parcel
may vary, provided that the average setback of the structures meets the
setback required above
MAY 15, 1995
95 .
4. Section 100-133`(Frontyard Setbacks) is hereby added as follows:
Structures shall be set back at least one hundred (100) feet from the
right-of-way, except that if the adjacent parcels are developed, the
minimum frontyard setback shall be the average of the setbacks of the
adjacent parcels. A project shall be divided into separate structures so
that no single structure shall have more than sixty (60) linear feet of
frontage on one street. The setbacks of multiple structures on a parcel
may vary, provided that the average setback of the structures meets the
setback required above.
5. Bulk Schedule for Business, Office and Industrial Districts is hereby
amended as shown on attached page.
II . This Local Law shell take effect upon filing with the Secretary of
State.
* Underline represents additions,
** Strikethrough represents deletions.
Town of Southold
Bulk Schedule for Business, Office and Industrial Districts
1.10
LB F� B Light Industrial LI
Limited Ilamlel General M-1 M-IT ParkwInnned Light
District Business Business Business Marine I Marine II Office Park Industrial
Minimum requirements for business,oBlee,
Industrial or other nonresidential user
Lot size(square reel) t10,000• 10,000 30,000 40,000 80.000 120,000 40,On0
Lot width(reel) 175 60 150 ISO 150 700 100
Lot depth(feet) 250 100 ISO ISO 150 300 150
Front yard(feel) 60 v r :
adabl9 I! S0 sn�hls lS 3J 1-5yp1{a¢(6r 39 v_>♦rigfjler
Side yard(feel) 20 to 75 20 15 30 20
Both side yards(fat) a! 25 50 45 SO 60 40
Rear yard(feet) 75 25 35 25 15 75 10
Landscape am(percent) SS 25 35 25 20 35 25
Maximum permliled dimensions
Lot coverage(percent) 20 40 30 30 10 20 20
Building height(feet) 3J 33 35 35 15 35 35
Number of stories 2�/r 2 1 2 2 I 2
NOTES:
r For minimum requirements for residential uses,refer first to Density and Minimum Lot Site Schedule for Nonresidential Districts and then to appropriate Indicated column
In Ike Bulk Schedule for Realdedllal Uses.In the Marine I and Marine 11 Dlsdos,only lend above mean high water shall gtrallfy for area calculations.
l Refer to spproprlste zone ordinance.
23.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham,
This resolution was duly ADOPTED.
24.-Moved by Supervisor Wickham, seconded by Councilman Townsend,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 21st day of March, 1995, a Local Law entitled, "A Local Law in
Relation to Architectural. Review"; and
WHEREAS, this Local Law was referred to the Southold Town Planning Board
and the Suffolk County Department of Planning, all in accordance with the
Southold Town Code and the Suffolk County Charter; and
WHEREAS, a public hearing was held on this Local Law on the 2nd day of
May, 1995, at which time all interested persons were given an opportunity to
be heard; how, therefore, be it
RESOLVED that the Town hereby enacts Local Law No. 7 - 1995, which
reads as follows:
LOCAL LAW NO. 7 - 1995
A Local Law in Relation to Architectural Review
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
9.6 MAY 15, 19.95
,P
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
1. Section 100-252 (K) is hereby amended as follows:
K. Architectural features: 4hat4he-arsgiteet a1 f repesed
buikllngs-an @ns-are-in-Gharastewv+th that eaefaty-prevaififlg+n
the-netghbGr-heed. that the natural features of the site and sur-
roundings, exterior design and appearances of existing adjacent
structures, and the character of the district are evaluated in accor-
dance with the architectural standards set forth in this Chapter.
2. Section 100-254 (C) is hereby amended as follows:
C. When the Planning Board determines said application to be
acceptable, it shall, within ten (10) business days of such deter-
mination, distribute said application and documentation to the town,
county and state agencies having jurisdiction, for their comment.
Such referral shall include a referral to the Architectural Review
Committee. The Architectural Review Committee shall make a
written recommendation to the Planning Board on the site plan
within ten business days of receipt of the referral If the committee
fails to make a recommendation within this time period the proiect
shall proceed to the Planning Board for consideration without
comittee review.
3. Section 100-257 (Architectural Review Standards) is hereby added to
read as follows:
Site Plans shall be reviewed for conformance with the following criteria:
A. Appropriate diversity of design elements from another structure or
structures located or proposed to be located on the same street or
corner thereof and within five hundred (500) feet of the site of the
structure for which a site plan or building permit has been reques-
ted, in respect to one 0) or more of the following features of exterior
design and appearance:
Substantially identical facade disreaardina color
(2) Substantially identical size and arrangement of either doors
windows, porticos porches or garages or other openings or
breaks or extensions in the facade including reverse
arrangements; or
(31 Other substantially identical features such as but not limited to
setbacks from street lines heights, widths and lengths of ele-
ments of the building design and exterior materials and treat-
ments.
B. Minimize or eliminate visual discord or dissimilarity with respect to
other'structures located or proposed to be located on the same
street or a corner thereof and within five hundred (500) feet of the
site of the structure for which a building ermit is requested, in
respect to one (1) or more of the following features of exterior
design and appearance:
r MAY 15, 1995 97
Facade, disregarding color; .
Size and arrangement of doors windows porticos, porches or
garages or other openings breaks or extensions in the facades
or
Other significant design features such as but not limited to,
heights widths and lengths of elements roof structures, ex-
posed mechanical equipment service and storage areas,
retaining walls landscaping signs light posts parking areas
and fences service and loading areas.
C. Maximize sensitivity to visual appearance and qualities of exterior
design, including with respect to signs, considerations of the
harmony'of dolds or dompatibility of the proposed structure with
the terrain in which it is to be located including but not limited to,
excessive divergences of the height or levels of any part of the
structure from the grade of the terrain.
4. Section 100-258 (Architectural Review Committee) is hereby added to
read as follows:
A. The Architectural Review Committee shall consist of five members
appointed by the Town Board to serve at the pleasure of the Board
without compensation If possible the members of the Committee
shall be appointed from the following categories: two members shall
be archi-tects or landscape architects one member shall be from
the Landmark Preservation Commission, and two members shall be
appointed from residents of each of the hamlets of the town. The
hamlet members shall vary and shall sit only on the site plans which
are proposed in their hamlet.
B. The term of office of the Architect and Landmark Preservation
Commission members of the. committee shall be three years,
provided that those members first appointed shall be appointed for
one-, two- and three-year terms, respectively. The hamlet members
shall be appointed for two-year terms, with the first appointments to
be appointed for a one- end two-year term, respectively.
11 . Thls Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
** Strikethrough represents deletions.
COUNCILWOMAN HUSSIE: I objected to this, when we were discussing it.
There are no perimeters within which anybody can work, and all the criteria
are subjective. There are words like appropriate, and substantially, and
minimize, and the word sensitivity. One man's meat is another man's poison
in this situation, and I don't know what those words mean. I don't know
how it can be used.
24.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolution was duly ADOPTED.
98 MAY 15, 1995
25.-Moved by Councilman Townsend, seconded by Supervisor Wickham,
WHEREAS, Marion M. Geier has applied to the Town Board of the Town of
Southold for consent to the annexation to the Village of territory adjoining
the Village within the Town of Southold; and
WHEREAS, the Town Board finds that the' petition complies with the
provisions of Article 17 of the General Municipal Law; and
WHEREAS, the Town Board of the .town of Southold finds that the economic
use of the property 'known as the Geier Parcel would be enhanced if - it
were within the incorporated Village of Greenport, due to supply of
electricity, water and sewer under favorable terms, 'and
WHEREAS, tax revenues to the Town from said. parcel would be increased
from present levels if the parcel were to be economically used; and
WHEREAS, the appearance, utilization, and public safety of the parcels are
all likely to be advanced if the subject parcel were part of the
Incorporated Village of Greenport; and
WHEREAS, the subject parcel is surrounded on three of its four sides. by
Village property; and
WHEREAS, due consideration has been given to such application, and this
Board finds and determines that it is in the overall public interest that
such annexation should be consented to; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold determines that the
annexation to the Village of Greenport of the following describe property
owned by Marion M. Geier and adjoining the Village in the Town of
Southold is in the overall public interest:
- All that certain plot, piece or parcel of land . lying and being at or
near the Village of Greenport, Town of Southold, Suffolk County and State
of New York, more particularly described as follows:
BEGINNING at a point on the southerly side of the North Road, where
the same is intersected by the westerly side of land now or formerly of the
Village of Greenport, . which point is distant 350.68 feet westerly from the
corner formed by the 'intersection of the southerly side of said North Road
with the westerly side of Moores Lane, and from said point of beginning
running thence along said land, south 4 degrees 09 minutes 10 seconds east,
1106.60 feet; running thence still along .said land, south 84 degrees 53 .
minutes 30 seconds west, 474.24 feet; running thence still along said land,
north 4 degrees 06 minutes 10 seconds west, 830.50 feet to the southerly
side of said North Road; running thence along the southerly side of. said
. North Road, north 55 degrees 01 minutes 10 seconds east, 554.24 feet to the
"point or place of beginning.
AND BE IT FURTHER that the Town Board of the Town of Southold does
hereby consent to such annexation; and be it
FURTHER RESOLVED that the Town calls on the Village of Greenport_ to
exercise care in .how it zones the parcel so as to be consistent with the
Town's Master Plan and related plans for the Route 48 corridor; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to file in her office and cause to be filed in the office of
the Clerk of the Village of Greenport, a certified copy of this resolution,
together with copy of the petition, the notice of. .hearing, the written
objections, if any, and a transcript'of the public hearing.
COUNCILWOMAN OLIVA: I just don't think that this piece of property lend-s'
itself to annexation to the Village of Greenport. I feel what they have
said, their intent was for business use does not fit in with our plans for'
looking at business zones, and removing the same from the North Road..
Therefore I vote, no.
COUNCILMAN TOWNSEND: I'm going to comment. I think that this
property is sort of a gerrymandered as it is, in the sense, that it's a key
cut out of the village. It does offer significant advantages, that the
Village generally offers, can offer, that the Town can not to that piece of
property of much lower electricity costs, access to sewer, and water
hookups without the additional cost. When we've discussed in the past, when
we opposed this thing .for a hamlet type residential use, we did look
initially at some resort residential type of exposure, that are consistent
with that area down - the road. It would be nice if we could put some
restrictions on this thing, but we can not do that. I personally feel that
in representing the. Village as we do, this an appropriate thing for the
Village of control. That's why I'm voting for it.
MAY 15, 1995 99
25.- Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Lizewski, Supervisor Wickham. No: Justice Evans, Councilwoman
Oliva,Councilwoman Hussie.
This resolution was. LOST.
26.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant to Part 617 of the implementing regulations
pertaining to Article. 8 . (State Environmental Quality Review) of the
Environmental Conservation Law, the Town Board of the Town of Southold,
as lead agency, has determined that the proposed action of Depot
Enterprises, Inc. for a change of zone from Residential Office (RO)
District to Hamlet Business (HB) District on certain property located on
the northeasterly corner of NYS Route 25 and Depot Lane, Cutchogue,
New York, (SCTM#1000-102-02-11E12.1) will not have a significant effect on
the environment, and that a Draft Environmental Impact Statement need not
be prepared; and be it
FURTHER RESOLVED that this is issued in full consideration of the Criteria
for Determination of Significance contained in 6NYCRR Part 617. 11, the
Long Environmental Assessment Form Parts I, If and the following specific
reasons: .
1 . Through inspection and consultation of environmental references it
has been determined that the site does not contain sensitive environmental
resources.
2. Site is currently used for business purposes and does not conflict
with adjacent uses.
3. Site has adequate transportation access with frontage on two
thoroughfares.
4. Proposed project is not of significant magnitude or impact to
warrant the preparation of a Draft EIS.
26.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, . Councilwoman Hussie, Supervisor Wickham.
Abstain: Councilman Lizewski.
This resolution was duly ADOPTED.
27.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant . to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Review) of the Environmental
Conservation Law, the Town Board of the Town of Southold, as lead agency,
has determined that the proposed action of Frank Cichanowicz III of a
change of zone from Residential Office (RO) District to Business (B)
District on certain property located on the southerly side of NYS Route
25, Cutchogue, New York, (SCTM#1000-103-01-p/o19.3) will not have a
significant effect on the environment, and that a Draft Environmental Impact
Statement need not be prepared; and be it
FURTHER RESOLVED that this determination is issued in full consideration
of the criteria for determine of. significance contained in 6NYCRR Part
617.11, the Long Environmental , Assessment Form Parts I and II, and the
following specific reasons:
1 . The project has been evaluated through a Long EAF Part I and
II which consider environmental and planning aspects of the project.
2. The subject parcel does not exhibit environmental sensitivity in
the traditional sense. Review of the long EAF Part I as well as filed
inspection indicates that' the site is suited for controlled development for
the following reasons; soils are conducive to leaching, topography is flat,
there are no significant vegetation., wetlands or wildlife habitat on site.
3. The proposed zoning would not generate a significant influx of
people or traffic as compared to present zoning, nor would noise, aesthetic
or visual resources be significantly adversely impacted.
4. Land use and zoning issues are a local, as opposed to a regional,
consideration and measures are available to reduce impact upon the
community.
5. The use would be subject to site plan approval by the Planning
Board if the zoning is changed in accordance with Chapter 100 of the
Southold Town Code.
27.-Vote of the Town Board: 'Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
10 0 MAY 15, 1995
28.- Moved by Councilman Townsend, seconded by Justice Evans,
WHEREAS, Frank Cichanowicz, by application dated July 29, 1994,
petitioned the Town Board of the Town of Southold for a change of zone on
certain property located on the southerly side of NYS Route 25,
Cutchogue, N.Y., from "R-O" Residential Office District to General Business
(B) District; and
WHEREAS, the petition has been referred to the .Southold Town Planning
Board and Suffolk County. Department of Planning for recommendations; now,
therefore, be it
RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday, June 13,
1995, Southold Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on the petition of Frank Cichanowicz for a
change of zone, at which time all interested persons desiring to be heard
should appear at the time and place above so specified; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to cause notice of said hearing to be published in the official
newspaper pursuant to the requirements of law.
28.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
29.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes'
the Solid Waste Management District to provide recycling incentives for
corrugated cardboard delivered to the Cutchogue Collection Center by
eligible commercial haulers; such incentives to be in the form of a credit
equal to 1/3 of the price per ton received by the Town for corrugated
cardboard, so long as that price is in excess of $75.00 per ton; eligible
haulers to be only those who deliver to the Cutchogue Collection Center a
minimum of ten (10).,tons of corrugated cardboard in a calendar month; such
credit to be received. only as a rebate against the tipping fees owed by said
hauler (not in the' form of cash payments) .
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 Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby declares
that the Town chooses not to renew the Worker's Compensation coverage with
the State Insurance Fund in Croup 496, and managed by Lovell Safety
Management, effective July 1, 1995.
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 Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Town Insurance Consultant William F. Mullen, Jr. to place the
Town's Worker's Compensation coverage with . Public Employer Risk
Management Association, effective July 1, 1995.
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 Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Town Clerk to advertise for resumes for a part-time Clerk Typist for
the Police Department, 17-1/2 hours per week, $6.82 per hour.
32•-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva;
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
MAY 15, 1995 101
33.-Moved by Councilwoman Hussie, seconded. by Justice Evans, it was
RESOLVED that the Town Board of the' Town of Southold hereby appoints
Patricia E. Breese, Beatrice A. Freeman, Angel Morales, and Beverly J.
Norkelun as Home Health Aides for the Senior Adult Day Care Program,
effective immediately, up to 17-1/2 hours per week, at a salary of $6.00 per
hour.
33.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
34•-Moved by Councilman Lizewski, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the closure of Topsail Lane, Southold, on Saturday, August 5, 1995,
between the hours of 1 :00 P.M. and 10:00 P.M. (raindate: Sunday,
August 6, 1995, 1 :00 P.M. to 10:00 P.M. ), for their 1st Annual
Neighborhood Block Party for the residents of Topsaid Lane and Leeward
Drive, provided they, file with the Town Clerk a One Million Dollar.
Certificate of Liability Insurance naming the Town of Southold as an
additional insured.
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 Councilwoman Oliva, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is 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 Building
Code", which amends Chapter 45 (Fire Prevention and Uniform Building
Code) of the Code 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.
35.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
-36.- Moved by Supervisor Wickham, seconded by Councilman Townsend, it was
RESOLVED that pursuant to Article 8. of the Environmental Conservation
Law, State Environmental Quality Review' Act, and 6NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is 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 Front
Yard Setbacks", which amends Chapter 100 (Zoning) of the Code of the
Town of Southold by changing the front yard setback requirements in
Limited Business (LB), General Business (B), Light _ Industrial Park/Planned
Office Park (LIO), and Light Industrial (LI) Districts. 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.
36.- Vote of the Town Board: Ayes: Justice' Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
102
MAY 15, 1995
37.-- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617. 10,
and Chapter 44 of the Code of the Town of Southold, notice is 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 Providing
a Change in the Amount of Veterans' Exemptions", which amends Chapter 85
(Taxation) of the Code of the Town of Southold to provide provisions to
maintain the ratio of the amount of the veteran's exemption to the assessed
valuation of property on which the exemption was granted when the ratio
may change as a result of a revaluation or update of assessments, as
authorized by paragraph (a) of subdivision 5 of §458 of the Real Property
Tax Law. 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.
37.-- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman . Townsend, Councilwoman Hussie, Councilman . Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
38.- Moved by Councilwoman Hussie, seconded by Councilman Townsend,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 15th day of May, 1995, a Local Law entitled, "A Local Law in
Relation to Providing a Change in the Amount of Veteran's Exemptions";
now, therefore be it
RESOLVED that the Town Board hereby sets 8:10 P.M., Tuesday, May 30,
1995, Southold Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on this Local Law, which reads as follows:
A Local Law in Relation to Providing a Change
In the Amount of Veteran's Exemptions
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 86 (Vexation) df the Code of the Town of Southold is hereby
amended as follows:
INTENT: The purpose of this local law is to maintain the ratio of the amount
of the veterans' exemption to the assessed valuation of property on r
which the exemption was granted when the ratio may change as a
result of a revaluation or update of assessments, as authorized by
paragraph (a) of subdivision 5 of §458 of the Real Property Tax
Law.
1. Section 85-7 (Veterans'Exemptions) is hereby added to read as
follows:
If the total assessed value of real property for which an
exemption has been granted pursuant to §458 of the Real
Property.Tax Law, has been increased or decreased as a result
of a revaluation or update of assessments in the Town of
Southold, and a material change in level of assessment has
been certified,by the State Board of Real Property Services for
the assessment roll on which such property is assessed, the
assessor shall increase or decrease the amount of such
exemption by multiplying the amount of such exemption by the
percentage change in level of assessment.
MAY 15, 1995 103
(B� In accordance with paragraph (a) of subdivision 5 of such §458,
if the assessor receives the certification from the State Board -
after the final assessment roll has been filed, the assessor shall
certify the amount of the re-computed exemption to the officer
having custody and control of the roll who is directed and
authorized by such statute to enter the re-computed exemption
on the roll.
11. This Local Law shall take affect upon filing with the Secretary of
State.
* Underline represents additions.
38.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham. t
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: We have one more resolution, that's not on the
agenda. It came out of our Executive Session late this afternoon.
39.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold has determined that it
has a need for police. officers available to carry out patrol duties
throughout the Town of Southold; and
WHEREAS, the Town has 21 officers who carry out patrol duties, of which
number some officers are sick, disabled or on vacation; and
WHEREAS, the Town of Southold is a tourist and vacation area which
experiences a 100% increase in population and activity during the summer,
which means that a full complement of police "officers becomes essential to
the public health and safety during the period between Memorial Day and
Labor Day; and
WHEREAS, Memorial Day is less than 30 days away and the necessary police
officers must be hired immediately so that they can be outfitted, absorbed
and fully trained in Southold procedures before the pressure of the summer
begins; and
WHEREAS, the Southold Police Chief has strongly emphasized the need for
more police officers; and
WHEREAS, the. hiring of four (4) additional police officers has been deemed
appropriate; and
WHEREAS, the Town of Southold must select police officers from the
"preferred list" dated December 14, 1994, and whereas certain parties on
that list have declined the position, have been subject to correspondence
with the Civil Service regarding removal from the list, or are other wise
unavailable; now, therefore, be it .
RESOLVED that the following persons are hereby appointed as Southold
Town Police Officers, effective May 22,: 1995, at a salary of $21,652.00 per
annum: Cary Blasko and Stephen Ryan.
39 •-Vote of the Town Board: Ayes: . Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: The public hearing for the Site Plan Approval was
held open for a second time. The Board can, if it wishes, adopt it. I think
we may be ready to.
40.- Moved by Councilwoman Oliva, seconded by Councilman Townsend,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 21st of March, 1995, a Local Law entitled, "A Local Law in Relation
to Site Plan Approval"; and
WHEREAS, this Local Law was referred to the Southold Town Planning Board
and the Suffolk 'County Department of Planning for a recommendation and
report, all in accordance with the Southold Town Code and the Suffolk
County Charter; and
WHEREAS, a .public 'hearing was held on this Local Law on the 2nd day of
March, 1995, recessed, and reconvened on May 15, 1995, 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. 8 - 1995,
which reads as follows:
104 MAY 15, 1995
LOCAL LAW NO. 8 - 1995
A Local, Law in Relation to Site Plan Approval
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
INTENT: The intent of this change is to allow the Planning Board to
decide if a site plan is required for a new use, change of use
or expansion of use prior to issuance' of a building permit.
1 . Section 100-253 (Approval of site plan required) is hereby
amended as follows:
A. No building permit shall be issued for any structure or
building. for which use a site plan is required pursuant
to Chapter 100, Zoning, until a determination has
been made by the Planning Board as to whether a site plan
or an amendment thereto is required: and if required, that
an approved site development plan or approved amendment of
any such plan has been secured by the applicant from the
Planning Board and presented to the Building Inspector,
along with all necessary approvals and permits as may be
required by other public agencies.
II . This Local Law shall effect upon filing with the Secretary of State.
* Underline represents additions.
** Strikethrough represents deletions.
40•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: Are there any other business, motions, to be
brought before the Board this afternoon? (No response.) If not, this part
of the meeting is closed, and it's an opportunity to have a conversation
with people in the audience who would like to bring matters to the attention
of the Board. Is there anyone there, who would like to acquaint us with the
facts of. life? (No response. ) Hearing none, are there any Board members,
who would like to take the opportunity to make some comments? Joe?
COUNCILMAN LIZEWSKI : Pd . just like to say, that once again, I differed
with the idea of. the site plan.. I think that the Building Department has the
right to decide who got a site plan, or not. I - think that's the first place
that people should go, and I think it belonged with them, and 1 think our
Zoning Board made that decision for us a couple .of year's ago. I think it's
the wrong place for it to be. I think that's where people go to get a
building permit. If they don't get a building permit they should be sent to
the Planning Board. The Planning. Board always had the right to grant a
site plan variance, if the Building Department decided they even needed
one, they could still do, it: I just think it's going to cause a lot of
trouble, and a lot of havoc, people trying to improve their business sites
in Southold Town. That coupled with the Architectural Review Board has
quite an effect on the future of "what people can do to improve their
property.
SUPERVISOR WICKHAM: Joe, I respect your view, and you certainly have
been consistent about this from the beginning. I'd just like to say that, to
me one of the difficulties in being Supervisor . here is to have different
officers of the Town giving out different advise to different people, and
this will at least bring a unified pattern, putting site plan in one agency,
where I think we can get a more uniform response. So, I think it's the right
thing to do. Are there any other comments from the Board? Ruth?
COUNCILWOMAN OLIVA:- Yes, we did an . announcement, a little while ago,
about stormwater runoff, but I'd like to announce that we're really pleased
that Southold has received two stormwater abatement projects from the DEC,
one for $15,000, and one for $39,000, and this is to improve the drainage
going into Long Pond, and Arshamomaque Pond. It's so -important to the
baymen, because that is one of the --best areas for shellfish, and it's been
closed by the DEC for quite some time, and having this money will enable
the Town to control that runoff going in there, and will give a little more
economic viability to Mill . Creek, and to our baymen. So, I'm real pleased
that we received it. Thank you.
w MAY 15, 1995 105
SUPERVISOR WICKHAM: It's been a productive day. I would just like to
comment very briefly. We had a very interesting presentation this morning
from the Transfer of Development Rights Committee, that has been helping
the Town, helping us really prepare for a TDR, Transfer of Development
Rights Program. Transfer of development rights basically has the objectives
of helping to preserve farmland and open space on the one hand, and to
promote development and growth in other areas of the town, that are more
appropriate, primarily meaning the hamlet centers. When you have two
different objectives of that ' kind, one to preserve land, in particular
farmland, and the other to promote growth, and development in other areas,
you can almost anticipate difficulty in pulling all of that together into
one set of coherent recommendations. This morning was the first
opportunity that the Board has had to hear, and listen, to the committee
with it's draft report. They are going to be looking at it. Th'e."committe.e, is
meeting this Wednesday at 7:30 here in the building. There will be other
opportunities, but I'm quite excited, at the opportunity to help focus, and
direct, development in this town, and to the most appropriate places, that
are also the least costly in terms of the investment, in terms of the
interstructure, while at the same time' helping to maintain the open space,
and the farmland in the town. It's not easy, but it's an important set of
recommendations that are gradually moving forward. Anyone else like to
make any comments? (No response.) If not, I'm open to a motion to adjourn.
Moved by Councilman Lizewski, seconded by Justice Evans, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 5:52
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.
�thTerm
Southold Town Clerk