HomeMy WebLinkAboutTB-08/22/1995 296
SOUTHOLD TOWN BOARD
AUGUST 22, 1995
WORK SESSION
Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman
Alice J. . Hussie, Councilman .Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva,
Justice Louisa P. Evans; Town Clerk Judith T. Terry, Town Attorney Laury L.
Dowd. '
9: 15 A.M. - Richard Cag,giano, Vice Chairman of the Southold Town Democratic Party
met with the Town Board to present the Democratic Party's position that the elective
office of Receiver of Taxes should be abolished, and a .referendum placed on the
November 7th ballot to present this to the voters. It is their contention that the
. abolishment of the position will result in significant dollar savings to the taxpayer.
Also in attendance was Assessor Chairman. Scott Russell and Marilyn Quintana, a
clerk in the Tax Receiver's office, and unopposed candidate for Tax Receiver for
the Republican Party. Mrs. Quintana presented her views in opposition to the
abolishment of the position, outlining the many duties of the Receiver of Taxes.
Supervisor Wickham asked Town Attorney Dowd to research the legal requirements
with regard to the question 'of a ' referendum, and whether the Receiver of Taxes
can be an appointed position.
10 : 10 A.M. - Town Board reviewed the proposed Local Law in Relation to Front Yard
Setbacks, and after addressing concerns by Councilmen Townsend and Lizewski,
placed a resolution (15) on the agenda to adopt same.- Transportation Committee
Chairperson Neb Brashich, ' and members Barbara Michaelson and Margaret Brown,
met with the Board to outline the progress of the committee with regard to a revision
to the application for funding the Scenic- Trails Project to the New York State
Department of Transportation.. Mr. ' Brashich reported on a meeting the
Transportation Committee had with the Southold Citizens for Safe Roads, a sub-
committee of the Orient Association. The group thinks. it . is important to have a
traffic count, count of driveways, and survey of the origin and destinations of ferry
passengers. The Board agreed the charge of the Transportation Committee should
be broadened to include work with the Southold Citizens ' for Safe Roads, provided
the Town Board is kept informed before the Transportation Committee takes a public
position. Secondly, the committee asked , if the Town Board would like them to dust
off the 1993 plan for scenic, designation from .Greenport to. Orient Point. The Board
said they would like them to look at it, .again and bring their findings back to .the
Town Board.
11 :10 A.M. - Charles Voorhis, the Town's Environmental Consultant, met with the
Board to review his findings with regard to the Strong's Marine change of zone
Negative Declaration. Councilman Townsend invited Ken Ludecker of the North Fork
Environmental Council to join the discussion. Also in attendance was Jeff Strong,
the petitioner. Following the review of the Negative Declaration, Mr. Voorhis
advised the Board that they accepted the declaration which was prepared based on
existing circumstances of the property. Supervisor Wickham said he was satisfied
and ready to put a resolution (16) on. the agenda. Councilwoman Oliva said she
would like an opportunity to look at historical aerial maps to see how long the use
of the property has been non-conforming. Councilman Townsend' said there are a
number of illegal uses - throughout the Town, and he would like to discuss how to
correct them. However, the illega! uses on the Strong property should not hold
up this zone change. Councilwoman Evans agreed with Councilman Townsend's
statement, but said she is prepared to vote for the change. Councilman Lizewski
said he will support the change, there are not a lot of marinas in this Town and
it is an important industry.
11 :50 A.M. - Councilman Townsend advised the Board he would like to call a meeting
of a select group of people, by invitation.' to discuss the TDR Committee report, and
the contradictory report by TDR -committee members Tortora and Lowry. However,
before calling the meeting, -he would like to first discuss the report from Tortora
and Lowry at a .Planning and Zoning meeting and report back to the next Town Board
work session on September 5th.
12:10 P.M. - Recess for lunch.
A UGUST 22, 1995 297
1 :45 P.M. - Work Session reconvened, and. the Board agreed. to reinstate the Landfill
Tipping Fee privileges of North Fork Wood Design (resolution 18) .----Solid Waste
'Coordinator Bunchuck met with the. Board to discuss several items with regard to
the Solid Waste Management District. First, it was agreed that a 500 lb. free limit
per year would be imposed on the leaf mulch giveaway. The cost will be $.01 a
pound after the first free 500 pounds (resolution 19) .----Mr. Bunchuck reported
on quotations he has received for a topographical map of the disposal area. The
lowest price is $8, 100, and he will obtain a written proposal for the Board's
consideration.----Lastly, the ' procedure .for submitting an application to the DEC
seeking an extension of the Town's temporary transfer station permit from the DEC
while the Town finalizes the Part 360 permit (resolution no. 20) .----On another-
matter, Mr. Bunchuck advised the Board that Edward Capobianco, an employee at
the disposal area„ is willing to oversee the removal: of hazardous waste during- the
excavation of the Fishers Island Metal Dump. Justice Evans said she would look. into
living quarters for Mr. Capobianco.----Councilwoman HUSSie presented the Board
with a proposal to reduce the price of garbage bags, effective January 1 , 1996. She
explained that during the first six ' months of this year the receipts are $200,000
ahead. Supervisor Wickham said he thinks there should be a complete analysis of
the overall cost to dispose of garbage before reducing the price of garbage bags.
He would like to look at this proposal again during the 1996 Budget process.
3 :05 P.M. - Proposed reappointment of certain Agricultural Advisory Committee
members was tabled until Supervisor Wickham has an opportunity to meet with the
Chairman and discuss the future agenda for the committee.----The Board discussed
the make-up of the hamlet members of the Architectural Review Committee. Due to
the fact it has been difficult to find two applicants from each of the ten hamlets,
it was decided to group the hamlets, and the Town Attorney will prepared an
amendment to the law for the next meeting.----Town Board received the report from
WPS Consulting Engineers, PC with regard to the general conditioned air change
and exhaust hood changes at the Human Resource Center, stating that the existing
systems having been accepted and operating, would be grandfathered in the event
of a change in applicable codes unti! such time as a major modification to the facility
is undertaken. The exhaust hood changes should not be done as the payback for
energy savings will be in excess .of twenty years. Supervisor Wickham advised the
Board that he has had correspondence from Daniel Karpen emphasizing the need for
the work, and he would like to review the proposals and discuss it again in
September 5th.----Board reviewed proposed contract budget modification to the
Community Development Year 21 Program Budget, although Councilwoman Hussie
opposed the additional appropriation ,of $6,000 for the North Fork Women's Resource
Center, a resolution (21) was placed on the regular meeting agenda.----Town Board
discussed the Land Preservation Committee's proposal for a $2 Million bond resolution
proposition for the November 7th ballot. Supervisor Wickham said that in light of
the fact the $1 ,750,000 bond from 1994 has. not been exhausted, he would like to
wait another year. Councilpeople Hussie and Townsend and Justice Evans agreed.
Councilwoman Oliva said it should be . put on the ballot this year, as most of the
money in the 1994 bond has been committed. . - Councilman Lizewski agreed it should
be put on in November.----Supervisor Wickham briefed the Board on the Brown Tide
Report; his YMCA press conference (will :invite the President of the Laurel Lake
Property Owners Association to the next work session) ; and his desire for a review
of the beach parking regulations.
3:40 P.M. - Town Board reviewed the resolutions to be voted on at the 7:30 P.M.
Regular Meeting.
EXECUTIVE SESSION
4:35 P.M. - On inotion of Councilwoman Oliva, seconded by Councilman Lizewski,
it was Resolved that the Town Board enter into Executive Session to discuss the
Suffolk County Civil Service proceeding and former Greenport Police Officer Eric
Hines. 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.
5 : 10 P.M. - Work/Executive Sessions adjourned.
298
REGULAR MEETING
The Regular Meeting of. the Southold Town Board was held on August 22,
1995 ,at the Southold Town Hall,. Main Road, Southold, New York.
Supervisor Wickham opened .the meeting at 7_:30 P.M., with the Pledge .of
Allegiance to the Flag.
Present: Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
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 WICKHAMi . We have an audit of bills, that the Board looked at
today. Anyone like to move ,their, approval?
Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the following bills be and hereby ordered paid:
General Fund Whole Town bills in the amount of $220,377.96; General Fund
Part Town bills in the amount of $6,�57.99; Community Development Fund
bills in the amount of, $9,397.83; Highway Fund Whole Town bills in the
amount of $3,507.14; Highway Fund Part Town bills in the amount of
$201,184.31; Ag Land Development Rights bills in the amount of $28.00;
Lighting/Heating Capital A/C. bills in the amount of $586.58; Employee Health
Benefit Plan bills in the ' amount of $22',149.92; Refuse & Garbage District
bills in the amount of $124,941 .82; Southold Wastewater District bills in
the amount of $15,791 .67; .Fishers Island Sewer District bills in the amount
of $8,784.97; Southold Agency E Trust bills in the amount of $292.00;
Fishers Island Ferry District Agency & Trust bills in the amount of
$1,089.94.
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 Hussie, it was
RESOLVED that the minutes of 'the...August 2, 1995, Fishers Island 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 Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the minutes of the August 8, 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 Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 4:30 P.M.., Tuesday, . September 5, 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.
AUGUST 22, 1995 299
I . REPORTS.
1 . Southold Town Justice Evans' Monthly Court Report for July, 1995.
2. Southold Town Justice -Price's Monthly Court Report for July, 1995.
3. Southold Town Community Development Office Monthly Report for
July, 1995.
4. Southold Town Trustees Monthly Report for July, 1995.
5. Southold Town Police Monthly Report for July, 1995.
6. Southold Town Recreation Department Monthly Report for July, 1995.
7. Lawrence Healthcare Town Claim Analysis for the month of July,
1995.
8. Lawrence Healthcare PBA Claim Analysis for the month of July,
1995.
II . PUBLIC NOTICES.
1 . New York ...State, Department" of Transportation Notice of Order to
establish a No Stopping Anytime restriction west of Lands End Road, and
east"of Lands End Road.
2. Corp. of Army Engineers, New York District, Public Notice in
regard to . nationwide permit for the development of single-family homes and
attendant features in the .Federal Register.
3. New York State Department of Environmental Conservation, Notice
of Complete Application of Michael Slade to construct a timber bulkhead in
line with adjacent bulkheads, dredge 60 feet. Project is locate at 1435 West
Road, Cutchogue, New York. Comments to be received by September 7, 1995.
4. New York State Department of Environmental Conservation, Notice
of Complete Application , of Michael P: Bontje and John Mulholland to
dredge within an unnamed cove/creek near Conklin Point. This project is
located at 802 and 725 Island View Lane, Arshamomoque, New York.
Comments to be received by September 15, 1995.
5. U.S. Corp of ' Army Engineers. Public Notice announcing the
reissuance of a Regional General Permit authorizing the construct of timber
piers, ramps, floats, and mooring piles for non-commercial use in Nassau
and Suffolk County; New York.
III . COMMUNICATIONS. None.
"IV. PUBLIC HEARINGS.
1 . 8:00 P.M. on a , proposed "Local Law in Relation to No Parking on
Pike Street".
2. 8:05 P.M. on the purchase of development ' rights to Thornton
Smith Property by the Town.
V. RESOLUTIONS.
SUPERVISOR WICKHAM: I think each of ,you should have available a copy of
the agenda, which was outside the door. You can see that we have two
public hearings scheduled, one at 8:00 o'clock, and one shortly thereafter.
One in relation to a no parking change, and one in relation to the purchase
of development rights to a pond in Southold Town. On the last page we have
a list of the items that the . Town Board took up today during it's Work
Session. We began at 9:00 o'clock this morning, finished around five this
afternoon. Much of that work was preparatory to the resolutions, that we'll
be considering this evening. Some matters we took up don't appear as
resolutions. I thought I would just mention them very briefly. At . 9:00
o'clock we heard a proposal from Richard Caggiano, who suggested that
the Town put on as a referendum item abolishing the elected position of
Receiver of Taxes, and continue the function of Receiver of Taxes on an
administrative basis, rather than an elected basis. The Board took a look at
it, thought about it, and asked our Town Attorney, and others to do some
more research on what ' it would take to do that, not having made a
commitment yet to it. At 10:30 the Chairman of our Transportation Committee
met with us, and outlined basically two proposals, one was the revised
submission of a application to the New York State Department of
Transportation for $200,000 in " support for a network of bike trails,. and
scenic trails throughout the Town of Southold, We think we've got a good
chance of this. A revised application was put in some time ago. He also
outlined for the Town—suggested that the Town dust off an application that
we started making in 1993 to declare. Route 25 east of Porky,'s restaurant
3 0 0 AUGUST 22, 1995.
to Orient as an official scenic route. This would help the town in dealing
with the Cross Sound Ferry and other people, and would give the Town
basically greater local control over the contours, and arrangement, and the
traffic patterns on that road. Later -in the day we discussed the possibility
of having a farmland bond on for a referendum this fall, and after quite a
bit of consideration the Board felt that inasmuch as tonight's hearing at
eight o'clock is really, the first submission of a property under the bond
that was approved just last' November, it might be premature to put on the
ballot, and so the Board's * view was, we'll let it pass in this coming
election and we'll consider it at some future time. There's lots of other
items that we discussed today. ,I can't do justice. to them in a short time,
and we have to move along because Louisa Evans, the Councilperson from
Fishers Island, has to catch the last ferry back to New London this
evening, and so she and, . I think, Ruth are 'going to leave at 9:15 this
evening to catch that ferry, . so I think. it's time to just move ahead with
the resolutions. Before we do that, the audience is invited to address the
Board for up to five minutes a piece' on any one of the resolutions, that are
on the agenda for adoption tonight. Anyone like to address the Board? Yes,
sir?
F.M. FLYNN: I'm F.M. Flynn, resident of the Town of Southold, and I'd
like to discuss the proposed r^solution sixteen, regarding the change of
zone for Strong's Marina. Based on the negative declaration, which is a
necessary prerequisite for any such. action. I attended this morning's Work
Session, where Mr. Voorhis appeared, and I must confess that much of
what he said was inaudible to me. It was unclear whether he based his
negative declaration on the' present use, or some minor expansion of the
present use. In any event, she has to base his opinion on the most intensive
use, which could result "as if a change of zone for marina use were
permitted. Mr. Voorhis quite properly, in my opinion, did not answer
several of the questions raised because legal consideration were involved.
When I. had occasion to testify on such, matters I always insisted the legal
perimeters be clearly defined and resolved, otherwise it would be obviously
impossible to get any informed opinion as to the impact of the proposed use.
I submit it necessary ' to define the legally permissible intensive intent,
rather than the relying 'on the applicant's "statements to measure the
project's environmental impact. Questions were raised as to the legality of
the present use on portions' 'of the property. The issue of the degree of
legality of use on the subject property, were raised. . I submit that there can
no question of partial illegality anymore than one can be partially
pregnant. Either it, or you are, or aren't. It appears representation, that
only a limited use will . be. ,naming the expanded area were to be zoned. I
question this statement of intent. As the Board is aware or should be aware,
the principal of highest of issues plays an important part in zoning
decisions. This principal is based on the highest net return to the land. It
appears obvious to me that the applicant intends to develop the rezoned area
intensively. He has stated he could `build* two substantial residences on the
property as presently zoned. Obviously the property has substantial value
as zoned, and any question of hardship is eliminated. The applicant seems to
reply that the neighbors would prefer his use, including rack storage, to
the view of two substantial residences. I doubt it, and I believe ' they
should be given the * choice. As far as I can see this review has been
shortsighted. In fact the only reference to these adjacent property owners,
in the negative declaration is only by impetus, and oxymoronic at best. The
declaration states, quote, the project site is adjacent to existing marina
in a M-1 zone, and therefore is less conducive to' the low residential
development should be currently allowed on the project site. Consider the
implications of this statement. The property for which the re-zoning is
sought is unsuitable for residential development because of the proximity of
the marina. The proposed solution is- to make the existing residences
adjacent to marina zoning.' You move the line, and place it next to
residences, where as you say, in the negative declaration it has an adverse
effect on residences. At' the same time it has maintained that the proposed
change of zone would have no significant effect on the residential owners
adversely affected. I understand that it's proposed rack storage is
constructed on the subject property. Is not the Board aware that it's
consultants in the past, Yakabowski . and Associates, stated that such use
was an eyesore. ' Certainly . the storage of boats twenty-seven feet high
constitutes an adverse influence on the value of the adjacent properties,
which influence can not, be litigated. The negative declaration mentions a
limited expansion of parking. -The number of boats contemplated to be stored
~ AUGUST 22, 1995 3 0 .1
question was once again raised of reducing parking for rack storage boats.
Proponents of such a measure display a complete misunderstanding, or a
willful disregard of the fact that parking requirements in boats, the only
control the Town has over the number of boats accommodated at a marina.
Currently, a two acre site, 'the same size pas a low density residential site
can accommodate up to 250 boats. Proponents of the reduction of parking
requirements would have such a site store one thousand boats, or four times
the .density permitted by other, towns with Peconic Bay frontage. Reference
was made to the historical uses of the property. The Town consultant's in
the preparation of the Master Plan, and . the previous Town Boards, revised
the mapping of this area several times. They did not see fit to include the
property in marina zoning. Planning starts with a blank sheet of paper. it
involves consideration of future use, and does not automatically. justify the
continuance of an existing use. It is noted that much of the area is filled
with spoil. How recent in that historical period was this work done, and
were permits required, and issued? The negative declaration, also, states
that the application- is in accordance with public policy regarding public
access. I am sure that the. Board realizes that the access is not via a Town
road, but by a right-of-way, which provides the sole means of access for
the marina, and adjacent residences.. Is it in the interest of Town residents
to allow such an expansion of such use, which has catastrophic potential in
an area which provides 'such limited ingress and egress? I would suggest, if
I may, to the Board, that the negative declaration be revoked, and this
property carefully studied by means of a draft environmental impact
statement. Thank you.
SUPERVISOR WICKHAM: Thank you, Frank. Would anyone else like to
.address the Board this evening on any of the resolutions in front of us
tonight?
RICH BURDEN: Frank does speak extremely well. Rich Burden from Ole
Jule Lane in Mattituck, one of the people that are totally unaffected, and
only doing it for his own gratification. I need to know a couple of things
to different questions. What is the: Town's policy as far as parking in a
marina on a rack situation? I heard -it discussed that it's one for every
three, one for one. Do you have a copy of the letter that Mrs. Dowd sent,
because I don't have my ,copy with me? Does someone have a copy of that
letter? From Mr. Voorhis to the Town Attorney reviewing. This is
television broadcast that goes to the whole town. People tell me that they
do watch this. I want to give you some background history before going into
it.
SUPERVISOR WICKHAM: Okay, let me just say that try to keep these
comments to five minutes.
RICH BURDEN: That's all I want. . Mr. Strong bought the marina
approximately three years agog a five acre plot, in the range of a million
dollars. On that five acres worth ,of land he presently pays $7,800. in
taxes. On the three acres of waterfront property, that is now zoned R-80 he
now pays $123. in taxes - a year. A quarter acre lots around the corner,
they are owned by a number of individuals in that area right now, pay
anywhere between $800. to $1,000. of taxes on their quarter acres lot. Mr.
Strong has been allowed to use an R-80 lot, three acres pay $123. in taxes,
and expand his marina on the expenses of the taxpayers in the Town of
Southold. 'The actual taxes for that marina should be close to, or maybe in
access of $20,000. The first statement that Mr. Voorhis, who was the
consultant that you brought back to look. at this property, okay, and see if
you were going to make a, correct decision. He says, and I quote, to assume
that the R-80 zone portion of the site is vacant land potentially
developable for residential' use is inaccurate. Now, this amazes me, that the
man who is the consultant, now actually makes zoning law within the town,
and he makes a reference here that it could never be used for residential.
Yet, Mr. Strong's residence exists, or his father's, okay? But he said you
couldn't build another house next to his father's. He goes into some history
here about Mrs. Marriner restricting the boats. He has some history there
about boat slips, and high and dry, etc., and he says, that in addition
some litigation should be done, that to meet with Mr. Strong, and try to
come up with a number that could be a blanket M-1 . He makes reference to
be a good neighbor. He says, also, in his advise, ratify all violations on
site. This is very important, because the Board, if they ,give this gentleman
a M-1 status will now take three years, possibly five and six years, or. ten
302 AUUGUST 22, 1995
years, of Strong's use, Mr. Strong's use on that property in R-80, and
we award him by using the property illegally, we award him by giving him
M-1 . This is the same as someone building a house on their lot next -to
them, when they had no buiIldin[, permit, no nothing, and then say, oh by
the way we forgot to.. give you a permit, here it is. Okay? It's very
important to remedy all violations. I think the Board should take a stance,
that when someone puts in an application, that's been illegally using, the
property, they should face--the .i same laws that the rest of the people. I
wanted to put a swimming pool in my backyard. l just didn't drop it in. It
took me two years to get the permit. -Mr. Strong did not take two years to
get the permits. Mr. Strong used the property first, and now, comes to the
Board because he needs expansion. The Town should also look at the high
and dry situation. Okay? Very simply say, the applicant,-. and it's referred
to again in Mr. Voorhis" report, the applicant makes note that he needs
. this for winter storage': Mr. Strong has, and has told me, and I'm sure the
rest of the Board, fifty high and dry customers right now. Okay? That
means that we don't"want anymore high and dry. The report says that. High
and dry is out. 'Winter storage is in. That's what the applicant makes use
of. Right now the property, I don't know many . boats. There's ninety
according to what Mr. Strong told me, and there's 59 dry customer, so
you're up oto 140, and I don't know how many other boats are on the line. I
don't go over there to count his boats, but I really find it hard to find
that there's 140 parking slips right. there right now. Okay? So, when I
called the Town Attorney's Office to ask that violations, the Summons
Officer, the man you hired as the Town Investigator go .over there, be able
to put summons on the property. I was. told that, while it was in the stage
of litigation that, that situation would not be dealt with that way. Okay?
. I'm. saying to you, after you vote tonight, if you do give him M-1, the first
thing we go down, and issue a summons for not having enough parking
spaces. Okay?. I just want to go over a couple of things. Mr. Strong gives
us the image that the property is being used for winter storage, but I want
to go over some other things. First of all, we have on 8/10/94 working
within 75 .feet of the water. The property is very protected. Unless you're
actually just hanging out overlooking, this isn't like you walk across the
street, and see it. A summons was issued by the Town for working with
seventy-five feet of the water. It was a Stop Work order. Mr. Strong. was
ready to put up the racks. He had the footings and everything, and a Work
Stop Order from the Town Board, so Mr. Strong's good neighbor policy is
a little thin with me, when I . .see summons; Work Stop Orders. Today,
presently, next to Mr. Strong's father's house; there's a barn, pretty
sizable. He uses it for boat storage, and products, paints, I don't what he
uses it exactly for, but it's -used not for Mr. Strong's purposes, but the
purposes ,of the marina. The point I'm trying to say is 'very simple. That's
an R-80 property. The people in the community, unfortunately, weren't
given the opportunity ,to, find.- out about it because they don't all read the
legal notices. We only found out, and. we never would have found anything
else until Mr. Strong had to mail us a notice, that he .was making a zone
change. You saw the number of .people here. You're exact words, Mr.
Wickham, unprecedented. Now, granted' a lot of people didn't get up and
speak against it. - They Were here. Some of the people came to me later.
They were just overwhelmed. They were shy. They didn't want to get into a
neighbor to neighbor fight. I presented you a petition with a lot of names
on it. Okay? This should be addressed whether it be a Negative Declaration
rescinded, or Mr. Strong would at least have covenants placed upon him,
the number of boats. Mr. Strong as soon as he saw this piece of paper,
immediately gave another feet towards the racks. But, he . didn't give any
distance. What he did do; however, was • not give ,up on limited boats, and
that's the scary part. That was the same position Mr. Flynn addressed,
and I'll make one more point.' ! only ask that you make Ole Jule 'Lane,
New Suffolk Avenue to Strong's Marina a scenic route,' so the the rest of
us can have the same enjoyable ride from Porky's to Orient Point, that the
people on Ole Jule Lane can have that same enjoyable ride from Suffolk
Avenue to the front door of my house. Thank you.
SUPERVISOR WICKHAM: I think there's a number of different ways to
respond to this, and I thin] each 'Board member has his own way of
responding, so let's let the Board respond, when we. come to that part in
the resolutions. Anyone else like to address the Town Board before we take
up the resolutions for this evening? (No response.) If not, I think we're
ready to start.
r -
AUGUST 22, 1995 3 0 3
I .-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town . Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for bids for the
reconstruction and restoration of the roads in Lands End Subdivision,
Orient, all in accordance with the specificAtion as prepared by Engineering
Inspector James A. Richer, and the approval of same by the Town Attorney.
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 Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board' of the Town of Southold hereby
authorizes a refund of $300.00 to Frank Palumbo, which sum represents
one-half of the filing fee for Appeal No. 4321 which was withdrawn by Mr.
Palumbo after two hearings have been advertised, copies of Town records
pertaining to the project retrieved from storage and copied, reviews made of
written evaluations pertaining to the status of the face of the bluff and
surrounding area made . by Board of Appeals members, and numerous
discussions and correspondence on status of right-of-way with adjourning lot
owners.
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 Hussie, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby requests
the Suffolk County Department of Public Works to conduct a traffic survey
on County Route 48, between Cox Lane and Deport Lane, Cutchogue, with
special emphasis on the northerly side• of the highway between Cox Lane and
the entrance' to the Southold. Town Disposal Area and the First Baptist
Church of Cutchogue, for the purpose of reducing the speed limit and
installing additional cautionary signag'e.
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 Councilman Lizewski, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of. Southold hereby accepts
the bid of Gabrielli Truck Ltd., Medford, N.Y., in the amount of
$58,750.00 (total package of $61,250.00, less trades of $2,500.00) for the
purchase of one (1) new 1996 'Ford LN-800 CA and chassis with dump S
spreader, all in accordance with the .specifications, for the Southold Town
Highway Department.
4.- Vote of the . Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
5.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the placement ' of an ad in The Suffolk Times and The
Traveler-Watchman to bring' 'attention to the latest issue of Wastewatch,
and to correct certain errors that appear in the publication.
5.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
304 AUGUST 22, 1995
6.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
the following 1995 Beach .personnel:
Lifeguards
Kimberly Hespos (1st Year) $ 7.42 per hour
Kimberly Deppoliti •(1st year) $ 7.42 per hour
Gretchen Tuthill.. (1st year) $ 7.42 per hour
Beach Attendants
Tara Dietrick (1st 'year) $ 5.83 per hour
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 Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the-Town Board of the Town of Southold hereby appoints
Aimee M. Biggs. as - a part-time Seasonal Clerk (computer . data input
intern) for the Town .Attorney's Office, effective immediately, at a salary
of $5.00 per hour, not to ,exceed 100 hours.
7--Vote of the Town Board: Ayes: Justice Evans, Councilwoman - Oliva,
Councilman Townsend•, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
8.-Moved by Councilman Townsend, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the .Town of Southold hereby
authorizes Special Counsel Richard J . Cron to accept the settlement in the
Sea Breeze Village Condominium certiorari proceeding, all in accordance with
the recommendation of Mr. Cron and the Southold Town Board of
Assessors.
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. Councilman Townsend,
RESOLUTION REQUESTING STATE AND FEDERAL FINANCIAL
ASSISTANCE .TO ADDRESS BROWN. TIDE PROBLEMS
WHEREAS, the bays of Suffolk County's East End and their living marine
resources are a shared • resource whose economic and environmental benefits
transcends local government boundaries•; and
WHEREAS, owing . to the continued. reoccurrences of the Brown Tide
phenomenon, these vital '.marine resources face mounting problems, including
local deterioration of water . quality and depletion of commercially and
recreationally important fin and shellfish ,stocks; and
WHEREAS, the total annual commercial fisheries harvests for East End
waters have been valued at up to $10 million; and
WHEREAS, the total economic activity associated with these harvests far
exceeds the value of the catch itself; and
WHEREAS, the economic impacts extend beyond fisheries, as such
resources are the basis fo"r recreation, tourism and marina development; and
WHEREAS, both state and local economies are overwhelmingly dependent on
the continued productivity and sustainability of these resources; and
WHEREAS, despite on-going efforts, local governments have not been able
to meet the goals of preventing, reducing, and controlling degradation of
the marine environment from Brown Tide impacts; and
WHEREAS, local governments on the East End 'are committed to protecting
and maintaining the productivity of coastal areas and the marine environment
by dealing with degradation; and
WHEREAS, the ability of local governments to fulfill these objectives,
including resolution of the Brown Tide problem, is dependent upon their
capabilities, including the. . financial, scientific .and technological means at
their disposal; and
WHEREAS, local governments are faced with economic constraints in being
able to finance further Brown Tide research; and
WHEREAS, provision of additional financial resources through other
government channels as well as access to further relevant research-, is
therefore now necessary to support action by local: governments to address
Brown Tide problems and protect marine resources; ,and
AUGUST 22, 1995 30
WHEREAS,. adequate financial, scientific and technological cooperation at
regional, state and federal levels is likewise essential to predict future
conditions, as well as promote effective management of the marine
environment; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold asks the Federal
government and the State of New York to consider various funding
mechanisms, including a public awareness program and other innovative
approaches, with a view to ensuring on a .local and regional basis, the most
effective and expeditious support for further scientific research and
dissemination of information and technology development to solve the Brown
Tide problem and restore the marine resources of Long Island's East End.
9.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly: ADOPTED.
10.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that .the Town Board of the Town of Southold hereby
authorizes and directs Lawrence Healthcare Administrative Services, Inc.
to pay medical claims on behalf of employee' Barbara Andrade, which claims
were submitted by the providers more than 90 days after the date of service.
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 Councilwoman Hussie, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the release of . the $67,560.00 Letter of Credit for roads and
improvements in Orient Park Estates Major Subdivision, all in accordance
with the recommendation of ' ' the Southold Town Planning Board and
Engineering Inspector James A. Richter.
ill .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
12.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of' the Town of Southold hereby
reappointed Mary Mulcahy Jackson as Southold Town Recycling
Coordinator, effective August 19, 1995, she to serve in said position
without compensation.
12.-Vote of the Town Board: Ayes:, Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
13.-Moved by Justice Evans, seconded by 'Councilwoman Oliva,
REGIONAL EDUCATION CENTER
WHEREAS, the East End Economic and Environmental Task Force appointed by
Governor Cuomo established the East End Economic & Environmental Institute, Inc. ,
in the Spring of 1994; and
WHEREAS, the newly formed Institute was charged with evaluating the feasibility of
a Regional Education Center which consolidates several state and county funded
institutions and services as a convenient location; and
WHEREAS, a study group chaired by Joseph Gergela of the Long Island Farm Bureau
and comprised of representatives from the primary partners of the Regional
Education Center -- the Board of Cooperative Educational Services (BOCES) for-
Eastern Suffolk, Cornell Cooperative Extension of Suffolk County and Suffolk County
College's Eastern Campus, and the supporting partners of the Pine Barrens
Commission, Long Island Convention and Visitors Bureau, National Public Ratio
(WSHU/WSUF) , and the Small Business Development Center of SUNY Stony Brook
completed its work; and
306 AUGUST 22, 1995
WHEREAS, the purpose of the Regional Education Center is to provide .life-long,
comprehensive education and information services at a central location for businesses
and industries, students and families of Suffolk County, thereby enhancing economic
development, environmental quality and family life of Suffolk through applied
research, and credit and. non,credit educational programs; and
WHEREAS, the study group found, that a Regional Education Center located of the
Suffolk Community College's Eastern Campus would provide extensive economic, fiscal
and program benefits to .the region through consolidation and cooperation among
agency by:
* accessing State, County and BOCES resources for development of the east
end economy;
* providing Cornell Cooperative Extension with state-of-the-art facilities;
* avoiding the duplication of costs for the acquisition of equipment, maintenance
Of multiple systems and staffing and prograinming;
* expanding the availability of educational opportunities to students and
technical expertise, educational technology and faculty resources to the east end
community;
* enhancing program areas shared by participating agencies (e.g. : child care,
horticulture and environmental sciences) ;
* offering a library facility with the latest technology for the learning and
research needs of the students, businesses and families of the east end;
* increasing the availability of meeting, conference, cultural and banquet space
for the community;
* creating a tourism information center to assist visitors and provide support
services for local businesses; and
WHEREAS, the study group recommends a ` two-phased capital construction program
that creates three centers on the community college campus. -- a Regional Information
and Distance Learning Center, an Environmental Education and Tourism Center and a
Center for Early Childhood Education, Child Care and Parenting; and
WHEREAS, the funding for these centers and associates programming requires the
significant financial commitments from state and county governments and thus the
support of state and county legislators,, the County Executive and the Governor;
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold fully supports the
establishment of a Regional , Education Center at the Eastern Campus of Suffolk
Community College as described in the Regional Education . Center Proposal of the
.East End Economic and Environmental Institute, and urges the county and state to
make this center a reality; and be it
FURTHER RESOLVED that the Regional Education Center represent a model for
regional cooperation to provide, cost ' effectively, vital educational, social and
economic services to the rural communities of eastern Suffolk; and be it
FURTHER RESOLVED that the Town Clerk is hereby directed to send a copy of this
resolution to Mr. Joseph Gergel,a, c/o Long Island ..Farm Bureau, Inc. , 1281 Route
58, Riverhead, NY 11901 ; BOCES„ 215 Old Riverhead Road, Westhampton Beach, NY
11978; Cornell Cooperative Extension of Suffolk County, 246 Griffing Avenue,
Riverhead, NY 11901 ; Suffolk County College, Speonk-Riverhead Road, Riverhead,
NY 11901 ; Central Pine Barrens Joint Planning and Policy Commission, P.O. Box 587,
AUGUST 22, 1995 3047
3525 Sunrise Highway, 2nd Floor, Great River, NY 11739; Long Island Convention
S Visitors Bureau, 350 Vanderbilt Motor- Parkway, Suite 103, Hauppauge, NY 11788;
Small Business Development Center, SUNY Stony Brook, Stony Brook, NY. 11794-
3775; National Public Radio (.WSH.U/WSUF) , c/o James Mattimore, Suffolk Community
College, Southampton Building, Ammerman Campus, Selden, NY 11784; Assemblyman
Fred W. Thiele, Jr. , P.O. Box 3062, Bridgehampton, NY 11932; Assemblywoman
.Patricia Acampora, 149 Old Country Road, Suite 3B, Riverhead, NY 11901 ; Hon.
Robert J. Gaffney, County Executive, Hauppauge Office Park, 888 Veterans Memorial
Highway, P.O. Box 6100, Hauppauge, NY 11788; Legislator George Guldi, Montauk
Highway, Hampton Bays, NY 11946; and State Senator I<enneth LaValle, 325 Middle
Country Road, Selden, NY 11784.
13.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
14.- Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Solid Waste Coordinator James Bunchuck to attend the Solid
Waste Association of North America's 33rd Annual International solid Waste
Exposition on October 23 - 26, 1995, at Baltimore, Maryland, and the actual
expenses for registration in the amount .of $595.00 meals, lodging, and
transportation, using a Town vehicle, shall , be a legal charge against the
1995 Solid Waste Management District Budget.
14.- 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 see it's eight o'clock, and I'm open for a motion
to enter into our first hearing.
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that a• recess be called' at this time, 8:00 P.M., for the
purpose of holding a" pubic hearing.
Vote of the Town Board: . Ayes: Justice Evans, Councilwoman OI•iva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Reconvened at 8:10 P.M.
SUPERVISOR WICKHAM: We'll return- to the resolutions that we were taking
up before.
15.- Moved by Supervisor. Wickham, seconded by Councilman Townsend,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 27th day of June, 1995, a local Law• entitled, "A Local
Law. in Relation to Front Yard Setbacks"; and
WHEREAS, this Local Law was referred to the Southold Town Planning
Board and the Suffolk County Department of Planning for their
recommendations and reports; and
WHEREAS, a public hearing was held on this Local Law on the 8th day
of August, 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. 18 - 1995,
which reads as follows:
LOCAL LAW NO. 18 - 1995
A Local Law in Relation to Front Yard Setbacks
3 0 ) AUGUST 22, 1995
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:
(a) Structures shall be set back at least one hundred (100) feet from the
right-of-way.
(b) There shall be an exceotion to (a) if the adjacent oarcels are
develooed.. in which case the minimum frontvard setback shall be
the averaae'of the setbacks of the adiacent oarcels.
A oroiect 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 muitiole structures on a oarcel may
vary, provided that the average setback of the structures meets the
setback required above and all buildings are at least seventy-five
(75) feet from the right-of-way.
2. Section 100-103 (Frorityard Setbacks) is hereby added as follows:
(al, Structures shall be set back at least one hundred (100) feet from the
right-of-way.
(b) There shall be an exception to (a) if the adjacent parcels are
developed in which case the minimum frontward setback shall be
the average of the setbacks of the adjacent oarcels.
Lc
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 and all buildings are at least seventy-five
5) feet from the right-of-way.
3. Section 100-143 (Foontyard Setbacks) is hereby added as follows:
(a� Structures shall be set back at least one hundred (100) feet from the
right-of-way.
(k� There shall be an exception to (a) if the adiacent parcels are
developed, in which case the minimum frontward setback shall be
the averaae of the setbacks of the adiacent parcels.
u A oroiect 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 and all buildings are at least seventy-five
(75) feet from the right-of-way.
AUGUST 22, 1995 309
4. Section 100-133 (Frontyard Setbacks) is hereby added as follows:
(a) Structures shall be set back at least one hundred (100) feet from the
right-of-way.
(b) There shall be an exception to (a) if the adjacent parcels are
developed, in which case the minimum frontyard setback shall be
the average of the setbacks:of the adjacent parcels.
u A oroiect 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, orovided that the average setback of the structures meets the
setback required above and all buildings are at least seventv-five
(75) feet from the right-of-way.
5. Bulk Schedule for Business, Office and Industrial Districts i`s hereby
amended as shown on attached page.
II. This Local Law shall take effect upon filing with the Secretary of State.
* Underline represents additions.
Strikethrough represents deletions.
Town of Soulhold
Uulk Schedule for E3uslness,Office and Indusidal fllslrlcls
LIq _
I,l3 Ill)' Il Llghllnduslrhd LI
I.hnlled Ilnndel (7enernl M-1 M-11 1'nrklPlnnncd I.Ighl
hlsnlcl - Ilolsloess Iloshress, Ilosloess Nlerine I binrlue 11 Office Pnrk 'Indnsuhd
.' 1,11nhmoo legnhe ienls fur Imslness,office,
1r11111slrlyd oI Diller nnmesldanllnl use '
L01,511e(agnnre feel) g11,000 211,(11111 3(1,000 -IO,non g0,0n0 170,O00 10•4)(111
LD1 Wlddl(feet) 173 60 IN) 130 130 700 1Ol)
M dcpOl(feel) 230 111O I3() 151) 130 300 I3O
I'ounl ynld(reel) 60 Votin111C' 13 an vnlln6lSs 33 33 71 ytlllnik, 10 1'nllllblu,
Stile ynni(fuel) M 11) 23 70 73 311 2t)
13nllr side yunls(rca) d3 23. 311 13 30 6n .11)
Ilea ynrd(reel) 73 23 33 73 23 73 71)
I.nndscnlre Ilwa(percent) 33 73 33 73 M .33 73
Maahuunl pennlocd Ill erslons
Lot covemue(perecnll 31) 40 M M 10 20 ]n
1)ullding helglil(feel) 33 33 33 33 33 33 33
Homhcr of slmles 2 2 2 2 2
1'M I Vs:
For mhrbnum requhenn,nls rot resldendril lists,refer 0rst In Denslly end Mlnhnum Lol She Schedule rot"onresldeollnl nlslllcls end lino In npprnlnlnte 111111eelerl CUlnlnn
In 11re Ilulk Sche dole rot)lesldcndnl lists.In lire Merine I end Moline 11 ISlsblc•Is,only InDof nhnve memo high Willer Shull quellfy for men cnlculndnns.
Ileftr 10 epproprinte•rune ordfnnnee.
15.- Vote of " the Town Board: I Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
310 AUGUST 22, 1995
COUNCILMAN TOWNSEND: This originally came up. It was in the Code
Committee, or the Planning and •Zoning - Committee. It came - out of the
Planning and Zoning Committee, and the reason .we enact this was because
there is a fairly extensive , amount of property in what's called the LI and
LIO, which is Light Industrial and Light Industrial Office on the North
Road. Quite a few tracts around the Landfill, and then, also; in the area of
West Greenport, have that zoning. We were concerned that these properties
would be built right out to the Main Road, or -within fifty feet of the Main-
Road,Road, and you'd have what would appear to be a corridor of buildings. This
is just one minor step, but it is one thing we've done to try to lessen the
impact of that commercial zoning, especially on the North Road, and on the
Main Road west of Greenport. I think in the future you're going to see
more changes, perhaps more, dramatic than this, coming out, relative to use
changes, and so forth, in these areas, a major renovation of our business
zoning, and this is just the first baby step in that area.
SUPERVISOR WICKHAM: Thank you, Joe.
1 G. -Moved by Supervisor Wickham, seconded by. Councilwoman Oliva,
WHEREAS, Strong's Marine, Inc., by petition filed April 12, 1995, applied to the
Town Board of the Town of Southold for a change of zone on certain property
located at the end of a right-of-way off Camp Mineola Road, and adjacent to
James Creek, Mattituck, New York, (SCTM #1000-122-4-44.2), from Low Density
Residential (R-80) District to Marine (M-1) District; and
WHEREAS, said petition was referred to the Southold Town Planning Board and
the Suffolk County Department of Planning for official recommendations and
reports; and
WHEREAS, the Trustees- and Planning Board have recommended the proposed
rezoning and will be reviewing any development of the property pursuant to site
plan and wetland regulations: and
WHEREAS, the subject property is adjacent to an existing marina and the
Comprehensive Plan calls for efficient use of the limited areas available for
marina uses; and
WHEREAS, the subject property, together with the existing marina, is located on
a peninsula and are geographically separated from surrounding residential uses,
which separation will be preserved'by the following conditions:
WHEREAS, a Negative Declaration was issued on June 22, 1995 which found
that the proposed rezoning would not.have a significant effect on the
environment: and
WHEREAS, the Town Board, pursuant to due notice, held a public hearing
thereon on the 25th day of July, 1995, at which time all interested persons were
given an opportunity to be heard; now, therefore, be it
RESOLVED that the proposed rezoning is found to be consistent with the
Town's Comprehensive Plan; and be it further
RESOLVED that Strong's Marine, Inc. be and hereby is granted a change of
zone from Low Density Residential (R-80) District to Marine (M-1) District on the
following described property: Beginning at the northeasterly corner of the parcel
about to be described, which corner is located the following six (6) courses and
distances from a point on the easterly side of Olejulane, which point is 154.97
feet southerly from the point on the easterly side of Olejulane, which point is
154.97 feet southerly from the,point on the easterly side of Olejulane, which
point is 154.97 feet southerly from the intersection of the southerly side of Kraus
Road and the easterly side of Olejulane: (1) South 80 degrees 39 minutes 10
seconds East, 423.36 feet; (2) South 11 degrees 22 minutes 50 seconds West,
174.33 feet; (3) South 22.degrees 13 minutes 00 seconds West, 293:00 feet; (4)
South 57 degrees 21 minutes 20 seconds West, 100.99 feet; (5) South 44
AUGUST 22, 1995 311
degrees 10 minutes 10 seconds West, 160.97 feet; (6) South 35 degrees 19
minutes 00 seconds West, 95.30 feet; running thence from the true point or
place of beginning, South 35 degrees 19 minutes 00 seconds West, 302.73 feet,
thence South 18 degrees 48 minutes 20 seconds East, 106.14 feet; thence
South.71 degrees 11 minutes 40 seconds West, 380 feet, more or less, to the
ordinary high water mark of James Creek; thence along the ordinary high water
mark of James Creek, and a dredged canal, a distance of 850 feet to a point and
lands now or formerly of E. E. Wilsberg; thence South 30 degrees 29 minutes 40
seconds East, 85 feet, more or less, to the point of beginning; all to be condi-
tioned upon the execution, and recording 'of C&Rs by tiie property owner in a
form acceptable to the Town Attorney and which make the following covenants:
a. That no boat rack be located within 100 feet of the northerly tie line
(along the dredged canal) of the parcel; and
b. That there shall be a 50-foot scenic easement that shall be a uniform 50
feet wide south of the northerly tie line, running from the northeasterly
property line to the intersection of tie line course North 24 degrees 26
minutes 0 seconds West with tie line course North 25 degrees 56
minutes 20 seconds East. Such easement shall guarantee that the
easement is kept,in. a natural state in a form approved by the Town
Attorney; and
c. That there shall be no dockage north of the northerly tie line of the
property (along the dredged canal); and
d. There shall be no structure or rack at the two M-1 zoned parcels owned
by Strong's Marine, Inc. which would exceed 28 feet in height, and no
boat placed on this rack may exceed 28 feet in height.
COUNCILMAN TOWNSEND: I'd like to add to this resolution in the
appropriate form of covenants and restrictions, that the applicant has
_.volunteered on this issue. Since he did volunteer these restrictions, and
sense I think to a degree the neighborhood has relied upon them, it would
be appropriate to put them in this resolution. I'm not exactly sure.
SUPERVISOR WICKHAM: - I welcome that, as friendly amendment. Would you
like to summarize broadly what those covenants are?
COUNCILMAN TOWNSEND: I don't-:.have them in front of me. One is the
fifty foot buffer. There was -a height limitation of twerity-eight feet on the
dry racks. I'll just read it: I've got it written here. There are two
covenants. First there 1s, * restriction would provide no boat rack would be
within one hundred feet of the northerly tie line along the dredged channel
of the parcel, which is a subject of the change of zone application. This
setback is to be separate from the fifty foot scenic easement, which would
remain parallel to the dredged channel. Two, that the separate section would
provide no structure or. boat rack at the tow parcels owned by Strong's
Marine, Inc. in the M-1 zoning use district would exceed twenty-eight feet
in height, and no boat placed on the rack would be over twenty-eight feet,
so that would be the .top line, and I do believe in addition to the already
mentioned fifty foot easement and covenant, and the fact that there will be
no dockage north of the northerly tie line, so we're talking about four
restrictions, covenants, and restrictions.
16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, . Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
3 '1 2 AUGUST 22, 1995
17.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby `grants
permission to Senior Accountant John , Cushman and Personnel Assistant
Barbara Rudder to attend a workshop offered .by the New York State
Conference of Mayors and Municipal Officials on the subject of Drug and
Alcohol Testing of commercial drivers, to be held from 10:00 A.M. to 12:00
Noon at the Stewart• , Manor Country . Club, Stewart , Manor, N.Y., on
'Thursday, September 21, 1995, and the registration fee of $25.00 per
person, and necessary, expenses for travel, using a Town vehicle, shall. be a
legal charge to the Accounting & Finance Department's 1995 Budget. .
17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva;
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly .ADOPTED.
18.-Moved by Justice Evans, seconded by Councilman Townsend, it- was
RESOLVED that the.. Town Board of the Town of Southold hereby reinstates
the Landfill Tipping Fee privileges of North Fork Wood Design, Peconic,
N.Y., effective immediately.
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 Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution no. 28, adopted on July 12,, 1994, by increasing the per ton rate
for the purchase of screened leaf mulch from $5.00 to $20.00, effective
January 1,. 1995; and be 'it
FURTHER RESOLVED ' that the Town Board hereby orders that
individuals, during. a one year period, may obtain the first 500 pounds of
screened leaf mulch at . no - charge, and shall pay the prescribed rate of
$20.00 per -ton thereafter.
19•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
20•`Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was .
RESOLVED that the Town Board , of the Town of Southold hereby
authorizes and directs Supervisor Thomas Wickham to seek an extension of
the Temporary Transfer Station Permit for the Southold Town Disposal Area.
20•Vote of -the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski;
Supervisor Wickham.
This resolution was duly ADOPTED.
21 •-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Supervisor Thomas Wickham to sign a Contract Budget
Modification to the Community Development Year 21 Program Budget,' as
follows:
DESCRIPTION BEFORE AFTER CHANCE
Housing Rehabilitation ,$10,300.00 -0- $10;300.00-"
Human Resource Center -0- +$2,000.00 +$ 2,000.001
Improvements
Housing Demolition -0- +$2,300.00 +$ 2,'300.00-
North 'Fork Women's -0-. +$6,000.00 +$ 6,000..00
Resource Center
New Change - $ - 0°
AND BE IT FURTHER RESOLVED that Supervisor Thomas Wickham be and
he hereby is authorized and directed to execute the Project Description
Forms for the above projects, as part of the 1995 Community Development
Block Grant Program (FY21) ..
21 - Vote of the Town Board: Ayes': Councilwoman Oliva, Councilman
Townsend, Councilman Lizewski, Supervisor Wickham. 'No: _ Justice
Evans,Councilwoman Hussie.
This resolution was duly -ADOPTED.
v AUGUST 22, 1995 313
COUNCILWOMAN HUSSIE: No. This is a terrible thing for me. I wish we
had the line item veto, because I'm extremely interested in having the
Human Resource Center improvements done. They are very important to the
tune of $2,000., but at the same time 'we're giving the North Fork Women's
Resource Center $6,000,- we are in the process of putting together the
criteria for which we make donations to not-for-profit groups. We haven't
come along with that yet. It hasn't gotten that far, and I add this $6,000
to $4,600 they all ready got,, I can't do this. The answer is, no.
SUPERVISOR WICKHAM: We now have several resolutions acting upon the
matters that have been put to public hearing. The first is the Local Law in
Relation to No Parking on Pike Street, that we heard at eight o'clock
tonight.
22.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, there was presented to - the Town Board of the Town of
Southold, on the 80-1 day of . August, 1995, a Local Law entitled, "A Local
Law in Relation to No Parking on Pike Street; and
WHEREAS, a public hearing was held on, this proposed Local Law on the
22nd day of August, 1995, at which time all interested - persons were given
an opportunity to be be heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 19 - 1995,
which reads as follows:
LOCAL LAW NO. 19 - 1995
A Local Law in Relation to No parking on Pike Street
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 92 (Vehicles, E Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1 . Article IV, Section 92-41 (Parking prohibited at all times) is
hereby amended by adding thereto the following:
Name of Street Side Location
Pike Street North At Mattituck, starting at the north-
east corner of Mary's Road and
extending easterly for a distance,
of 700 feet.
II . This Local Law shall take effect upon its filing with the Secretary of
State.
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 Oliva, seconded by Supervisor Wickham,
WHEREAS, the Town Board of the' Town of Southold entered into an option
agreement with Thornton E. Smith.. for the purchase of the development
rights in agricultural lands; and
WHEREAS, the Town Board. held a' public hearing with respect to said
option on the 22nd day of August, .1995, pursuant to the provisions of the
Southold Town Code; and
WHEREAS, the Town Board deems it in the public interest that the Town
of Southold acquire the development rights in the agricultural lands set
forth in the option agreement between the Town and Thornton E. Smith;
now, therefore, be it
RESOLVED that the Town Board hereby elects to exercise the option to
purchase the agricultural rights in the aforesaid agricultural lands owned
by Thornton E. Smith; and be it
FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized
and directed to give notice of such acceptance to Thornton E. Smith; and be
it
FURTHER RESOLVED that the Supervisor be and hereby is authorized and
directed . to 'execute any and all required documents for the acceptance of
said development rights.
23.-Vote of the Town Board: Ayes: , Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
314 AUGUST 22, 1995
24.-Moved by Supervisor Wickham, seconded .by Councilwoman Oliva,
WHEREAS, on July 11, 1995 the Town Board of the Town of Southold met
in executive session to discuss the action the Town Board wished to take
with the status of Eric Heins on the Civil Service List; and
WHEREAS, at this meeting the members of the Town Board orally
authorized the Supervisor to proceed with an action to have Civil Service
review the status of Eric Heins on the preferred police hiring list; and
'WHEREAS, it has been. pointed out that the authorization did not result in
a formal resolution; now, therefore, be it
RESOLVED that the Town Board hereby ratifies the above-described
authorization in the form of this resolution.
24.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor - Wickham. No:
Councilman Lizewski.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: That completes the agenda of business before 'us
this evening. This is an opportunity now before 9:15, when Louisa and Ruth
have to run off to the Orient Ferry, to hear from the audience, and each of
you as to what you would • Like the Board 'to understand. Try to keep your
limits within five minutes each.
HENRY WASSMER: Mr. Wickham, members of the Board, my name is Henry
Wassmer. I live in the village of Southold. I'm not a public speaker, so
you have to bear with me for just a few moments: I'd like to speak for a
moment or two about my opposition .towards this proposed TDR Plan, that
the Town is possibly going to enact. I believe that during your campaign,
Mr. Wickham, for the office of Supervisor, you had statement, or a campaign
statement, that says, let's keep Southold rural, and you coined that phrase,
and it struck a chord with me, pleasant chord, and I says to myself, well,
we got a guy here. who's got the well-being of the North Fork in mind. So,
called you, Mr. Coodwrench, Mr. Goodwrench of the North Fork. Well, I
don't know what happened, Mr. Goodwrench, but either you lost the
wrench, or it's broken, because' I don.'t understand the full concept of your
planning of this TDR. To those of you 'here tonight, who haven't heard of
TDR I'll just briefly, • explain it. TDR is an acronym for Transfer of
Development Rights. What this means 'is the Town would like to keep areas
of land open along the central spine of the North Fork, so we can have
"rural country farm look ,for our tourists, and also, these open areas can
used for water recharge for our aquifer. That's the good news, folks. Now,
the bad news. On the TDR property owners, who have land in the central
spine area can transfer their development rights to ' other parcels of land
located in the hamlet centers throughout the town. The areas along the
spine of North Fork are known as sending zones along the spine that to be
preserved, and kept 'open sending zones. The areas in the hamlet centers
throughout the town are known: as: the receiving zones. The big problem
here is that the parcels of -land,, in receiving zones can be, they're not all
going to be, but they can be subdivided into four building units per acre.
I'm not a rocket scientist, 'but I ' believe that is something like quarter
acre zone, quarter acre plots buildings can be built on. It just ,doesn't
make any sense to allow for high density building anywhere on the North
Fork. High density development is the last thing our environment, especially
our water supply, needs. One of the most needed natural resources is
water. We all need it, and we can't live without it. Why then do we dump on
it, pollute it, and give -no thought to water, and I'm talking about good
pure drinking water, not being ,available. In other words, everybody takes
it for granted. You turn on the tap, it's there. It can happen, and did
happen in many places on the face of the earth, right here in the United
States, plenty of places. We, who live here on the North Fork should be
especially sensitive to our ;.water shed • water supply areas, because our
aquifer is a fragile one. It is already in trouble from chemical, and
nitrate pollution. Just make a trip to any supermarket, stand at the
checkout, see how many people are buying bottled water. North Fork
residents do no have the luxury of having huge aquifers like our brothers
and sisters in Nassau, Central Suffolk, Western Suffolk. They have three
aquifers to choose from, namely the upper glacial, the Magathy, and Lloyd
aquifers, which are huge; and they are finite practically. The other glacier
aquifer is rarely - used as a source of potable water in Nassau, West and
Central Suffolk, because it is polluted; and in some areas none existent due
to sewage, and ocean outfall pipes. Most of their water comes from the
Magathy aquifer, and in some cases the Lloyd due to chemical pollution of
AUGUST 22, 1995 1
the Magathy at it's western end on • the Queens and parts of Brooklyn.
Here on the North Fork we can only rely on one aquifer, the upper glacier.
As I mentioned just a moment ago, it is a fragile one. Our aquifer can be
likened to a bowl of fresh water sitting on top of a ocean of salt water.
Our soil here on the North Fork is .mostly very porous, consisting of. sand
and gravel. We constantly ' lose some of this fresh water to Long Island
Sound, the creeks, and bays, due to natural runoff. However, a balance
has been maintained in nature between recharge and runoff. Due to the type
of 'soil we have our aquifer has already become polluted from agricultural
fertilizers, pesticides, and many other chemicals. The TDR Plan is
counterproductive to the conservation of our watershed. High density
building will allow many homes, many business, which draw upon the water
supply, which in some cases are already at maximum capacity. Check 'the
Creenport water supply, whom I get my water from, they'll tell you.
Moratorium on hookups. They can't handle anymore water. More homes mean
more lawns, where fertilizer and chemicals are used to keep them green, not
to mention all the extra water used by a sprinkler. In short, yes, we can
have development here on the North Fork, but it has to be monitored by
responsible people, people -with -the environment, and ecology, of the North
Fork in mind, people that are not afraid ,to say, no, to big business, and
the like, who could care less about the environment. They're only concern is
how fast they can fill their pockets with money. Yes, let's get back the
campaign slogan, keep Southold rural, TDR is not the answer, and as far
as I'm concerned, TDR is another whole in the dyke, that holds back the
sea of pollution. Thank you very much.
SUPERVISOR WICKHAM: Thank you very much. Let me just say,. that I
think you got it right at the beginning. I do stand for keeping Southold
rural. That's part of my heritage, and part of where I'm going, and I did
talk, and I'm still talking in terms of the value of a TDR tool for the
Town of Southold. ' Let 'me say why I think that's important. We just heard
tonight at five minutes after eight, a hearing for the Town to use a quarter
of -a million dollars of tax monies to acquire the development rights to save
some farmland here. I welcome that. It's a wonderful opportunity. The
voters endorsed it overwhelmingly last 'November, and it's really the first
expenditure from that. But, I don't think we have an infinite resource of
tax dollars to spend on this. We need ' to look for other tools to protect
farmland, and to preserve farmland' . here. A good Transfer of Development
Rights Program can do that, and we can enact the precautions, and safety
net that you described to keep the aq'uifers pure. You've really done your
homework, and you're accurate. and correct about the importance of .those
aquifers. It's very important that we retain that, and a Transfer of
Development Rights Program can actually help to do that, if it's conceived
properly, and carried out properly. I want to reassure you, and everybody
else, the Town Board does not have a Transfer of Development Rights
Program all in the wings ready. to. be implemented. We did set up a
committee. We charged 'the committee to come up with some ideas and
concepts, that we could endorse for a Transfer of Development Rights
scheme, that would ' protect farmland, but would permit development in
appropriate parts of the town. You really can't stop development in Southold
Town. 1 don't think -we should even want to stop development entirely.
Legally we can't. What we can do is try to channel it in appropriate places.,
and. keep it under control, and keep it so it doesn't affect the aquifer.
That's what a Transfer of Development Rights Program should do, and would
do, if we can get it established properly, and get the right foundations
under it. We don't have that at the present time. It is not in place. There
is no threat or a likelihood of a TDR Program in the near future. If it
is to be discussed in Southold Town; there will be lots of opportunity for
you, and other people ' to have their views known, and to shape- the
program. This is not coming from the Board, just rammed down the throat of
the people of Southold Town. There will lots of opportunity to discuss it,
and it may never be carried out. But, it is a tool that 1 had hoped we could
add, at some stage, to the various tools we have to help keep the rural
qualities of the town. Does any other Board member wish to add anything to
do this. Joe?
3 1 6 AUGUST 22, 1995
COUNCILMAN TOWNSEND: There has been a lot of work on Transfer of
Development Rights Program in town: I mean, that's probably what you've
heard. This goes back to the Stewardship Task Force. In their thirty
recommendations, that was one of their ,prime recommendations, that we use
it as a tool to direct growth, and preserve our groundwater, and preserve
our farmland, and open spaces. The Transfer of Development Rights
Committee, that was formed, came up with a draft, a proposal, that they
think might work in Southold. It takes an- area, what's known as the.
Groundwater Protection Area, which is about two thousand acres in the
middle of Southold, . and allows farmers to sell the development rights.
Actually, I say farmers, but you know one * of the things that we should
mention here is that concern about development, seventy percent of the
farmland you see, that open space out there, is not owned by farmers. It's
owned by other people, , developers,, -and private landowners. They're not
farmers. So, much of It is subdivided, or has subdivisions pending, so what
you're seeing out there, if you looked at it from a planning point of view,
is not what exists. The whole point of a Transfer Development Program .is to
try to stop something, that otherwise I am afraid is inevitable. It may take
five years. It may take a hundred years, but it is inevitable the way we're
going now, because I think Tom is right. We can not afford to buy every
acre of farmland. I wish we could. As, a; matter of fact, it saddens me, that
we don't have another' bond issue on the agenda. For a variety of reasons,
we didn't do it. We just had one last. year, and you know this is an area, a
time, where we have '.to show some .fiscal restraint. So, I think it's
appropriate another year. To get back to the density, question you were
concerned about, the four units to an ; acre, under the proposal, that is
admittedly just a very rough draft, and is probably not going to look too
much like the final plan.. if it ever goes into effect. The maximum area,
receiving area, in the hamlet areas, the receiving areas is located around
the hamlet, the maximum total density in these areas, if every development
right is transferred from the sending area, the farm area, the maximum
increase to the receiving areas is twenty-five percent. So, if you wanted to
average it out, if there was one house on every acre in the receiving areas,
you would have one house on every three-quarters acre. So, it's not as if
all of sudden you would- find it was chock-a-block full of houses on each
side. Even if it was a very successful program, more successful than any
program has ever been, you'd end up with twenty-five percent density
increase in your hamlet area. Now, some areas might have a little bit more
"density in one part, and then virtually, no change in other parts, but that's
the way the proposal was 'presented. Lastly, you ought to realize that the
Transfer of Development Programs, historically, are not successful. There's
only been a couple successful in the country, so, we can put this thing in
force, and many communities have, and nothing . happens. Nothing will
happen at all.. We don't want that, to happen. We want it to be effective, if
we do it. We don't want - it to impact the communities. We want people to be
drawn to the communities. We want to. use this, also, to focus commercial
growth in hamlets, and keep the. commercial growth out of the Groundwater
Protection Area, also. So, before people get too frightened about the impact
on the neighborhood, I think it's important to come to one of the inevitable
public meetings, that we're going to have. We're going to start off with a
. meeting . with some developers, and some people in property owners
associations, and so forth, just to get some of their input on this proposed
plan. Maybe you'd like to become involved in that, but that's we are with
the Transfer of Development Program right now. There's been a lot of work
done on it, but there's a lot more to be done, because the statistics, that
we've used are very rough, and they. have to be refined, and there's a lot
of, you know, there's ' been .substantial questions raised _about some of the
principals that the Transfer of Development Rights Program, the majority
report we call it, the ' Transfer of Development Rights Committee has
presented. Some people are concerned about some of the elements of that.
SUPERVISOR WICKHAM: Joe, we have a ferry to go to.
COUNCILMAN TOWNSEND: Oh, I'm sorry.
SUPERVISOR WICKHAM: Would anyone, else like to address the Board?
CHARLES MEEBUS: This is on the TDR Work . Group, is dated June
26th. I've got some real problems with this.
SUPERVISOR WICKHAM: .I think all of us do.
AUGUST 22, 1995 317
CHARLES MEEBUS: Maybe the Board ought . to discard, or renounce,
because it's a very poor document. I. think the proposal, as I read it here,
is an attempt by developers to.circumvent the preservation regulations, and
maximize subdivisions of a parcel .of land being down to four units per acre.
COUNCILMAN TOWNSEND: You need public water for that.
CHARLES MEEBUS: Some of the specific concerns on page nine, it says,
a developer has only to provide ownership of the required number of SPCs
and then follow the normal site plan or subdivision procedures to obtain the
additional yield. So, once he has these' SPCs he can do what he want,
according to this statement. Another, one I have a problem with, SPCs will
be used to increase the amount of land covered by properties zoned business
industrial commercial. It would also increase the amount 'of land cover. The
other one I have a real problem ,with is on page 14. The Town Board should
be able to designate additional with
and receiving areas, the Town may
override the New York Town Law requiring a generic environmental impact
statement before designating sending and receiving districts. So, this gives
the Town Board a free hand to do what they wish to do with no input by
the people. The people are going to Pose control. You can come back and
say that if we disagree with what the Town Board does, we can vote , them
out of office. However, by that time there is going to be irreversible
damage done to the environment. The other thing is, if the sending and
receiving district's, as listed in this thing, are, not accurate. The
receiving districts are defined as, quote, vacant acreage of parcels of two
acres or greater. However, the land listed in this document here, as
receiving there is a Peconic School, Wells Cadillac, Peconic Center, town
Police, and Highway Department, and church cemetery, a recharging basin,
Feather Hill, Southold Fire Department, Southold Storage, Long Island
Railroad property, St. Peter's Church. Does this mean that the density is
going to be increased, because these areas can be receiving areas are
already occupied? Then, in addition,• you look at this, and there some
parcels of land that are. listed -as both .sending and receiving. This is a
very poor document. I'd like to see the Town get rid of it.
SUPERVISOR WICKHAM: I don't think you can get rid -of a document, but
we will certainly take note of these concerns. Many of us share them. We
are not about to adopt:' those provisions, as you read them. We will be
discarding a lot of them. We may be. embracing new ones. I think the
process will go forward at some stage to continue the search for a way to
preserve the rural quality of this town, and yet, at the same time, to
permit legitimate development, in a way that does not interfere with the
aquifer, and it does provide the kind. of town, that we all want here. It is
not an easy challenge. I'm not saying we have all the answers, and I agree
with these two speakers, that this document certainly does not answer all of
those needs. Anyone else like to address the Board?
F.M. FLYNN: I'm F.M. Flynn, resident of Southold. I'd like to address
the. Board on a more. generalized basis. I'd like to quote Will Rogers, I only
know what I read in the papers. Unlike Mr. Rogers I can't make sense of
much of what I read. Recently I have read of the Greenport Mayor
celebrating the streamlining of the Village government by eliminating the
Village Justice Court. It is claimed that this will move down to the benefit
of Village taxpayers in the amount of some $40,000 over the next two years.
Presumable this refers to the elimination of the Justices $40,000 annual
salary. I have also read that the Village Court has some 2,000 cases on it's
docket annually. It seems' unlikely that the Southold Town Justice Court will
be able to assume this increased workload without additional expense to be
borne by Town taxpayers. The obvious question arises. If the Village Court
was self-sustaining, why would -the Village have been so eager to ship it's
jurisdiction to the Town Court? This situation gives rise to thoughts
concerning the entire question of Town-Village relationships. I have always
thought that among the principal functions justifying the existence of a
municipality, was local control over the protection of the citizens, and the
dispensation of justice. In review of recent actions disclose an apparent
effort to shift the burden, and expense, of large areas of Village
government to the Town. Early on, the office of Village Assessor was
eliminated, and the Town assumed this function. Perhaps the greatest .area
of confrontation arises from the Town',s taking over the policing of the
Village. The Village Police Force operated on a relatively modest budget,
which I presume is represented by the approximately $220,000 the Village
318 AUGUST 22, 1995
now contributes to the Town. On the Southold auspices the Village is
patrolled by two Officers twenty-four hours a day. Southold Policeman earn
an , average of $111,000. per year in pay and benefits. . Since six officers
would be required to maintain normal shifts in the Village, the indicated
cost of such coverage would be some $650,000. Police Officers work normally
a five day week. To maintain seven day coverage an additional of some 400
or approximately some '$250,000 would be a burden. It would be even more,
if ...this were paid on the basis of overtime. Considering the additional
expense of seasonal officers, vehicles, transportation, and equipment, a
total operation projection of $1,000,000 per annum is not out of line. This
means by assuming the -policing of , Village, Town's taxpayers have been
saddled with additional $800,000 expense. Is there any , question as to why
the Village residents are given to celebration? Not content with this
bonanza the Village expects.. the Town to enforce it's Parking Ordinances,
and has asked the Town to enforce it's Noise Ordinance. Could all of this be
indicative of the emergence of an ongoing agenda on the part of the Village
government? It appears the Village would like to divest itself of the
onerous burdens of local government, and concentrate on the collection and
spending of tax revenues, and those excessive fees charged by the
municipal water system.. The Village government has already, as I mentioned
several times, diverted a portion of the taxes paid by residents of the
East-West Fire District 'to General Village Funds. Is this a harbinger of
things to come? According to newspapers accounts while a reduction in water
rates is under consideration, it has been proposed that a two tier system of
rates be formulated with ,the higher rates to be charged to those outside the
village. All this leads me to propose a compound question. What is the
proper relationship between Town and Village governments, and secondly,
who, if not this Board, represents the interest of the taxpayers living in
unincorporated areas of the. town? I was subjected to criticism by some
members of the Board for using the elegant expressions, snooker,, in
expressing my opinion of the way the- Town Board has been outmaneuvered
in these intergovernmental relationships. -Perhaps it would be more euphonic
to say, exploit. In any event, the results speak for themselves.
SUPERVISOR WICKHAM: Let me just say a couple of ' words in response.
The first is when the residents of the Village of Greenport abolished their
Police Force, we really had no option, but to take it on. Part of State Law
says, that Towns will take on that responsibility if the Villages opt out.
So, you call it exploited, but short of. abolishing the Southold Town Police
we really had not option but to provide that service. Regarding the
financial aspects of it, you've outlined 'why you think the Town is incurring
costs to a million dollars to provide Police protection in Greenport. The
reality is very different from that. We have carefully managed, and
controlled, Police expenditures in ' this town, and whereas, taxes increased
by roughly 8% this past year* throughout the whole town, because of
spending increases, that had to do with .the budget, and the way the budget
was put together, the spending,, increase relating to Police with Greenport
together, was less than .half that. In other words, the Police Department has
a spending increase—even with Greenport, substantially less than. the.
spending increase for the whole ,town, the other units and departments. So,
what that means to me is, that we are not subsidizing Greenport from the
rest of the town. We found ways to manage it carefully, and not put the
kind of resources, and money into that you described. The Town Board,
and as you correctly noted, . .the last meeting the Mayor of Greenport was
here, and the Town Board went. round and round, and quite a number of
people in the audience, discussing this question of the property
relationship on these matters. We've had discussions within the building
here in the last couple ' of weeks. I wasn't prepared to outline some
approaches to this question tonight, but it' will be on our agenda in coming
weeks to better define the relationship between the Village and the Town of
Southold. Is there any other Board want to comment on this subject? Yes,
Mr. Flynn?
F.M. FLYNN: I would like to pose a question. Where am I wrong? Do you
not provide twenty-four a day coverage to the Village of Greenport?
SUPERVISOR WICKHAM: We don't provide it exclusively to Greenport.. We
provide it in association with East Marion and Orient. But, Frank, I don't
want to get into the details of the Police deployment at a public meeting of
this kind. I'd be happy to sit down with you afterwards, and we can go
through some of it. It's a very complicated scheduling and financial package.
AUGUST 22, 1995 319
F.M. FLYNN: All I can. say is, that the residents of the Town come out
on the short end of stick at this point.
SUPERVISOR WICKHAM: Is there anyone else? Yes, sir?
GEORGE CAPON: George Capon, Greenport, not the Village though. One
thing on these what that gentleman just talked about is the East-West Fire
District. We pay $178,000 a. year, and, the Fire Department get roughly
around 161,000 to $70,000. The rest of that money went into the Village
budget. Why do we have to pay so 'much money into the East-West District,
when this is the first year that -the Fire Department has ever been cut off?
Has the Town Board went and fought on this for the taxpayers of the
East-West District?
SUPERVISOR WICKHAM: We have raised that question several times. It's an
issue, that seems to me, you ought to take up with the Mayor, and with the
Village Board there.. They tell me that the allocation. .because the Greenport
Fire Department. is really a department of the Village, is a unit of the
Village, that they're appropriations - to that department are far more than
the contribution that we are contractually obligated to make on the behalf
of that East-West Fire Protection District.
GEORGE CAPON: I think this has been going on since 1938 of the East-East
Fire District, that area there.
SUPERVISOR WICKHAM: Maybe the former Mayor of Greenport could. .
GEORGE CAPON: This is the first time since 1938, that the Fire Department
have ever been cut out with all that money.. I think the Village used to take
$20,000, or 20% of it, not over a hundred and some thousand dollars.
COUNCILMAN TOWNSEND: On the issue of being snorkered, and so
forth, I do know that the residents of the East-West Fire District pay less
that the residents of the Village for fire protection, if you figure in all
the costs. It used to . be more dramatic than it is now. The Town had
snorkered the Village in that sense, years ago. What you are talking about
,is most of the money in the East-West District traditionally has always gone
for equipment.
GEORGE CAPON: All the money did.
COUNCILMAN TOWNSEND: As Commissioners, I suppose if we're not
happy with the way the money is spent, or the amount of money, I suppose
we could negotiate with the, Southold Fire Department, the East Marion Fire
Department for a more advantageous agreement, or contract. You know, as
an ex-fireman I appreciate the firemen do, but I'm also very aware of the
amount of equipment, that exists in 'the fire departments in this community.
We have a tremendous amount of equipment. They just bought a new' hook
and ladder for a half a million dollars. That's a tremendous amount of money
for one piece of apparatus. I know that's what they cost these days. We
have to evaluate, I think, what's necessary. It's up to the people, and the
Fire Commissioners, and so forth, to take a look at this thing.
GEORGE CAPON: Today, Joe, Greenport Fire Department, East Marion Fire
Department, Orient Fire Department, Southold Fire Department, they're all
up the island fighting that big fire. Now, if you didn't have all this
equipment, and everything moved out, and you had a big fire down East
here, what are you going to do? What happened a neighbor up west would
need it, just why you do need extra equipment here, for things that come
up with something like this.
SUPERVISOR WICKHAM: George, may I ask a question of you? If we were
unable to negotiate a satisfactory agreement with the Village, could you
envisage expanding Southold and East Marion to take up the Fire Protection
Service, and easing out the East-West Fire Protection District?
GEORGE CAPON: No. What 'I think should be done, I think the Village
should unincorporate, and the Greenport Fire Department should go into a
district.
SUPERVISOR WICKHAM: Like the other fire departments.
3 2 0 AUGUST 22, 1995
GEORGE CAPON: I think the Town Board itself should get along with the
Village of Greenport, and talk about unincorporate the Village of Greenport,
and take over the road department, and put the water sewer into the
Suffolk County, and the light department, Southold Town can take it over.
I've got one other thing I want to bring up. About a month ago, Ex-Chief
Walden had a retirement .party, and I understand that this Town Board did
not send anything to his retirement, send something down to his retirement
party. I think for 35, 37 years he was Chief. 1. 1 think it's a shame that this
Village has found to send either the Supervisor, or the Deputy Supervisor
to that affair that night. Thank you.
SUPERVISOR WICKHAM: Let me just comment, that the Town was
represented. There was a proclamation there. I was unable to attend. There
were several Town officials there, including several of our key people from
our Police Department.
GEORGE CAPON: I.. was under the understanding that he didn't get one. He
did get one? I understand the Town never sent one.
SUPERVISOR WICKHAM: I was wrong. We did not send one.
GEORGE CAPON: I heard he never got one. That's all I heard.
GERALD GORHAM: My name is Gerald Gorham. I'm a resident of
Southold. If we could get back to the TDR Program, I'm just trying to
figure out, you know, ' I just heard about it ten days ago. I read the
report. Do people in the Township know about the extent of this study?
SUPERVISOR WICKHAM: I don't think so. That's part of the difficulty. It
really has not been presented. It hasn't been adopted by any sense by the
Board. It is a preliminary report of a group. In fact, it's even very
controversial within the committee, within the working group. Just today, we
received a minority report, that raises a lot of question about it,
questions probably similar to what you and others have, legitimate
questions, that need to be addressed.
GERALD ' GORHAM: I read the report four times, and the last time was
this evening. It's like a shell game. You know, what shell has the pea
under, when you start 'talking about the moving, I question why we got
away from the two acre zoning? Why wouldn't that work in a TDR
Program? Why are we are talking about Levittown?
COUNCILMAN TOWNSEND: Two acre zoning, it served it's purpose. You
wouldn't have a Levittown with two acres zoning. You'd have a
Brookhaven, where basically you'd have these vast tracts of two lots. You
wouldn't have what you have now. You have, basically, a spread out
Levittown. Everywhere you'd . look 'you would have hedges, and houses,
and maybe attractive houses, and high value houses, but two acre zoning is
not going to solve the problem of protecting open space and farmland, . and
so forth. That's a reality.
GERALD GORHAM: How .you figure that?
COUNCILMAN TOWNSEND: If every farm is developed in two acres lots,
how is that going to keep it from open?
GERALD GORHAM: You still have transfer of development rights, don't
you?
SUPERVISOR WICKHAM: Let me explain. You asked us, how do you figure
that? Let me try to explain. Suppose in a given year there were two
hundred houses, that are going to be built in Southold Town, and suppose
it's two acre zoning. That means, essentially, we've lost four hundred acres
of, presumably, most, of farmland for most of those houses. That's four
hundred acres per year,-.assuming those numbers hold true, and in a good
year there might be far more than two hundred new homes. That's four
hundred acres each year of farmland chipped away.
GERALD GORHAM: You're putting the cart before the horse.
AUGUST 22, 1995 321
SUPERVISOR WICKHAM: No, I'm trying to - be realistic about development
pressures on the east end of Long Island. Development pressure is a very
real pressure. We're going to face it in a much more extreme position in a
couple of year when the economy comes out of the current lull. I think the
Town needs to provide some' 'protection for that time, a protection that will
keep farmland in production in the Town of Southold.
COUNCILMAN TOWNSEND: I'm not understanding. You're talking about
transfer. We do have two acre zoning, and the transfer of development
rights based on that.
GERALD GORHAM: When you get it into a receiving area you can break it
down. You can put eight units in two acres the way I get it.
COUNCILMAN TOWNSEND: Okay, it depends on what the zoning of that
receiving area is now.
GERALD GORHAM: Why do we. change the zoning?
COUNCILMAN TOWNSEND: If it's a two acre zone in a receiving area.
Now, as I say, that plan is not a final thing, but under that plan a two
acre zone, I guess the highest it could possibly be reduced to, would be
one acre. To go to a quarter acre, I don't think you'd see a situation where
you have two acre zoning going into a quarter acre. I can't imagine.
SUPERVISOR WICKHAM: Even at present they can develop to that density.
COUNCILWOMAN OLIVA: If you have water and sewer.
SUPERVISOR. WICKHAM: Presently in our .Code people- can develop to that
density, that is . described. That's a legal opportunity available to
developers right now. We're not proposing. .first of all the TDR thing is
not an active proposal, but I don't believe that the report, that you've
read, provides for any greater density than already exists under our Town
Code.
GERARD GORHAM: Just one other question, what is the occupation, and
background, of people who were on the committee?
COUNCILMAN TOWNSEND: Farmers, developers.
SUPERVISOR WICKHAM: We had two farmers. We had one former
newspaperwoman, , who is a strong environmentalist. We had the former
President of the North Fork Environmental Council. We had the Chair of it,
who is a professional engineer, - and also, a developer, and a pilot. (tape
change. ) We had a member of our. Zoning Board of Appeals from the
Greenport area.
GERARD GORHAM: Well, not to • be disrespectful to these people. How
could they come up with a report like this?
SUPERVISOR WICKHAM: You'll have to ask them. All I .can tell you is, that
we are not going to adopt this, as you've read it.
GERALD GORHAM: Before anything is adopted, I think the taxpayers
should be able to go to referendum on this.
SUPERVISOR WICKHAM: The taxpayers and the residents will. .
GERALD GORHAM: If it's a referendum, we'll find out if the people want
it, once they are familiar with what it is.
SUPERVISOR WICKHAM: .Better yet, the residents will have an opportunity
to shape this program, and to help the Board come up, or reject, a program
that will meet your needs, and the needs of the whole town.
GERALD GORHAM: Thanks for= your time.
SUPERVISOR WICKHAM: Are there any other? Yes?
32 2 AUGUST 22, 1.995
JEAN YEDLOUTSCHNIG: Mr. Wickham, Town Board members, my name is
Jean Yedloutshnig.. I reside at 440 Jernick Lane, which is part of
Harvest Point Estates, Section I. 1 have been sitting here listening to
everything you've been .saying, and Mr. Townsend, and all the other
Board members, but I don't think (tape malfunction)
SUPERVISOR WICKHAM: The first thing I have to say is, it has absolutely
nothing to do with the TDR_.Program, because: Southold Town doesn't have
w a TDR Program. So, however, that has happened, whatever those signs
say, it has nothing to do .with the TDR Program. We're just nowhere near
carrying this out. But, Ruth, do you know anything about this?
COUNCILWOMAN OLIVA: As I spoke to you before, this man has only sketch
plan approval on the subdivision., He then has to go to preliminary approval,
and he has to go to final approval, and he has to have a stamp on there
from the County Board of Health services, that they have okayed it. He has
nothing. I understand from Planning staff, that sometimes developers will
put those for sale signs out even though they do not have approval. But, if
anybody tried to buy one of those lots, and there was title search done on
that lot, they would very quickly find out, that there had been no
approval, so the lot was not valid, and they could not buy it.
SUPERVISOR WICKHAM: So, you think the sign is not accurate.
COUNCILWOMAN OLIVA: Absolutely.
JEAN YEDLOUTSHNIG: One of my biggest concerns, I think has already
been expressed by others, but I think I can reiterate this, so it's quite
clear to everyone involved. I don't feel that the Town, Board has publicized
any information about the TDR Program, and I just learned of this
approximately a month ago. I didn't know what TDR meant. I had to do a
lot of research.
SUPERVISOR WICKHAM:, You're quite. right, and you are not alone. As a
matter of fact, I'm not sure all the Board, and all of us, really understand
what this means yet. So,. you're quite. right, and you're in good company.
JEAN YEDLOUTSHNIG: I guess my biggest concern is, that I do not ,want
10 see this issue put on- the' back burner, skirt the issue, drag it out. I'd
like to see something happen fast, as fast as the Board can work on this.
You have other priorities I'm sure, but this is very important to us.
SUPERVISOR WICKHAM: Let me just comment on the speed issue, fast or
slow. What is very important to' me is, that this process be undertaken in
full open debate with all kinds' of ..people having an opportunity to have
their views known. You can't do that overnight.
JEAN YEDLOUTSHNIG: I was very happy this morning to hear that you
decided not to send the - draft of the letter out to the community leaders,
the select group of people, you'd be inviting to the special meeting.
COUNCILMAN TOWNSEND.: . Excuse me. You have a chain of information
that's amazing. Somebody is keeping you very well informed of things,
because what I'd like to do is sit down with you a second after the meeting,
and find out what you think the situation is, and what you think the
implications are of this program. , I'm hearing stuff, the, level of
excitement, and concern, I think exceeds what you should be feeling based
on what I know, and I'd like to sit . down and talk to you, just to assure
you, and also to hear what your concerns are.
COUNCILWOMAN OLIVA: I think that they have heard from the developer,
that he plans to enter into these Transfer of Development Rights Program,
which we haven't done 'anything about, and then be able to buy some
Development Rights, some other place, and make more intense use of the
piece of property, that he is now trying to develop. Is that correct?
JEAN YEDLOUTSHNIG: That is not exactly correct. We have not been in
touch with the developer. We don't know anything about that.
AUGUST 22, 1995 323
SUPERVISOR WICKHAM: May I ask you to stick around for a few minutes
after the meeiing, and explain to us more clearly what's happening, and let
us address the issue to put your mind at rest. I think we can address that.
JEAN YEDLOUTSHNIG: Thank you very much for your time.
SUPERVISOR WICKHAM: Would anyone else like to address the Town Board
tonight on any matter, before our two Councilpeople rush off to Orient?
Bill?
BILL MOORE: My name is Bill Moore. I'm a resident of Southold, with an
office in Mattituck. Changing topics,, here to discuss the YMCA on the site
selection process. I'm -glad to hear that the TDR process can be wide
open, fully discussed. I wish I could say the same about the YMCA selection
process. Let me begin, by saying, I think there's wide spread support for
enhancing recreational facilities in our town. There may also be the YMCA is
the appropriate vehicle by which we do just that. However, things change
without sufficient information available to the Board, and the public. We
start by looking at Tasker Park as a centrally located facility for this
recreational facility to serve the Town residents of the Town of Southold.
Geographically, that makes some sense. Then we were told, I shouldn't
say, we, the Board was told that this is not feasible by the YMCA's
standards, so we had to put in Laurel. Then it was going to be a regional
facility, drawing on the population of not only Southold, but of Riverhead
as well. Then, we hear about a two ,or three acre offering of Town land to
accomplish this. Opposition arises around the Laurel Lake area, that this is
the sited selection, and suddenly the three acres becomes eleven, because
we're talking about adding a conservation easement on the remaining eight
acres of property. The Town is talking about eleven acres of land now.
Back to the question of feasibility however. Is it feasible? I came to Town.
I asked for a copy of the feasibility study, and was told, we don't have
one. We're discussing a site. We're discussing proposals of acres of land,
conservation easements and the like, ' and there is no feasibility study.
We're asking residents -of the Town of Southold to support this by
effectively giving up rights �to certain Town land. I asked the Board, has
this Town Board addressed the Town of Riverhead? The YMCA wants to
draw upon Riverhead residents, but the residents have not been asked to
contribute in a fashion, as to what .Southold has had to say. I don't think
'that's . fair. But, it's not to smash the idea of a recreational facility,
it's more of the question of information, and do we have information, and in
a press conference last week, Tom you said, please, don't ask question,
don't raise these concerns, we might lose this project.
SUPERVISOR WICKHAM: I didn't say that.
BILL ' MOORE: I did not intend :to quote you. The. paper has quoted you,
I'm sure, from last week. But,. the bottom' line was, get on board, or we're
going to lose this. I'm only trying to ask what I think is a fair question,
so we can inform people, and make fair choices for the citizens. Thank you.
SUPERVISOR WICKHAM: There' is no question of eleven acres being given
over to the YMCA. I don't think that an accurate inference, that you
described.
BILL MOORE: To draw on a conservation easement of the eight acres?
SUPERVISOR WICKHAM: That's not an accurate inference.
BILL MOORE: You are now addressing eleven acres of Town land to
address a YMCA facility at 'Laurel Lake. That's what you are discussing. In
any event, the information should be available to everyone.
SUPERVISOR WICKHAM: ' I'd like to respond to this, if you're finished.
Every shred of information I have gotten from the YMCA, I have shared
with the Board. There's been suggestions from you, now, from other people,
that I have somehow withheld information on this. Everything I've gotten
I've shared with the Board as 'quickly .as I can. There's been no question of
my dealing with this selectively. From the beginning the YMCA says, hey,
we thing there's a lot of interest in the Town of Southold, and there is a
lot of interest, a lot of support for it, and the first proposal, as you
described, was for Tasker Park in Peconic. The Town Board by a vote
2 4 AUGUST 22, 1995
agreed to make available to the Y two or three acres in Tasker Park for a
Y facility there. When the Y looked at the numbers, and did a feasibility
analysis of the operating budget, they found that the operating budget
would come up short. If the project were to go forward in Peconic, it would
have meant the Town would have had to subsidize that on the order of
$100,000 per year. They, also, said, that a location in Peconic would give
much broader geographic spread. Some people would be found in
Jamesport, and Aquebogue, ..who would take up membership, and Laurel,,
and that in turn would be enough people to finance the thing fully, and no
subsidy will be required from the Town. The only thing that would be
required was if the Town wants this here, we woul,d have to provide a piece
of property, some two or three acres. 'The Board listened to that. I had a
letter. I shared it with' the 'Board, and, after we considered that decision,
we said, okay, let's make two or three acres of property available out ,of
the Laurel Lake, the area just south of the lake. We recognized that the .
lake might pose a problem. There will be concerns about retaining the
purity, and the non polluted character of the lake, but we felt, and I still
feel that those needs can be addressed. Two or three acres, not eleven
acres, would be reserved for a YMCA on the site. As you can imagine, as
perfectly understandable, people in Laurel, who hadn't heard about this at
first, who .we have not really consulted with, were concerned about it, and
expressed that concern; wanted to meet with the Board, wanted to meet with
me, and we said, okay, and Bill, you were there. You addressed the group
before I did. . We said, fine, let's address those concerns. They're
legitimate concerns. It turns out in the discussion with the residents of
Laurel Lake, that the concern is. not only for a YMCA. The concern really is
how does the town propose to use all of that eleven acres, not for a YMCA
site. In fact, there's some expression of concern, and anxiety, about some
residents up there feel the Town has not looked after the property, even in
these recent .years. We have not managed it well in their views. Now, they
asked me, could the. Town, please, consider some kind of easement, or some
kind of restriction, that ' would really look after the welfare of the lake,
that would keep the water pure. I said, I was willing to look at that, and
maybe, an easement is a way to do that. I brought it to the Board today at
the first available time, but, it is not an accurate inference to imply that
we are allocating eleven acres now, as part of this Y package. Rather we're
assisting the people of Laurel Lake to look after a piece of property, that
the Town has responsibility for, managing, to manage it in a better way,
than we have in the past, and we ought to explore whether an easement is a
appropriate way to do that. That's . the status of the Y facility at the
present time. There is no feasibility study. . Bill, I know you've been asking
for it. There is no feasibility study, that I'm aware of. Why not? Because
the Town is not putting up the money for it. The money would come from
private donations, that the Y believes they can raise locally here for it. I
know they've done a feasibility analysis of some kind. I haven't seen the
report. They're confident. They're satisfied with it, provided we can get on
with the project, and that it's broadly supported within the community. The
purpose of my meeting with the Laurel Lake residents, I see some of them
here today, who helped make it possible, was to help address the concerns,
very legitimate concerns that they have. Now, it's Alice Hussie's turn.
Councilwoman Oliva and Justice Evans left at this time, 9: 15 P.M.
COUNCILWOMAN HUSSIE: I, like Mr. Moore ask you about the feasibility
study. I'm convinced now, that you have not seen it, and there is not one
here in Town Hall, but I do question why we are not being allowed to share
the information, that the Y has given us by mouth, and I would like to see
it on paper. Will you request from the Y all of the information, that they
have gathered? It appears to them to make this a feasible and good thing. I
really feel very uncomfortable with the idea that it's going to cost a
million and a half to build this, or it's going to be $450,000 a year.
That's what they're saying. Anybody could say anything. I would really like
to see it. Could you get that for us?
SUPERVISOR WICKHAM: You're asking. me?
COUNCILWOMAN HUSSIE: Yes; you seem to be the pointman here.
SUPERVISOR WICKHAM: Sure, I can talk to them. I can invite them to visit
with the Board again, and this will be the third time.
AUGUST 22, 1995 3 2 b
COUNCILWOMAN HUSSIE: They don't have to come and see me. Just send
me the papers.
SUPERVISOR WICKHAM: There's a likelihood that you won't regard that
this is the right papers, and you'll want something different. Why not
invite them?
COUNCILWOMAN HUSSIE: If they come with papers, okay.
SUPERVISOR WICKHAM: Yes, sir?
F. M. FLYNN: I'd like to preface my remarks by saying I'm not multiple
opposed to a YMCA facility. I believe something of that nature would be an
asset to the town. However, the nearest thing we've seen to a feasibility
have been the comments made by the representative of the YMCA, who was
here at the last Board meeting, I believe. He projected one thousand
members of the YMCA of whom a small percentage would be full service
members of a maximum fee of $400.00 a year. Now, if all one thousand
members opted for maximum service; that would raise the equivalent of
operating expenses in the amount $400,000. They're not all going to do it,
as he conceded, and among those thousand members he also spoke of three
year old children, who were unlikely to pay $400.00 a year. Therefore based
upon his own offhand figures, this operation is not feasible. Secondly, he
may be called by asking the question, where there was debt service included
in his operational expense, and my perception was that he fudged the
answer on that. Now, in my distant 'past I had'relationships with the YMCA.
As a matter of fact, I was involved in the renegotiation of mortgage for
their headquarters here on Long Island in Huntington. This raises the
spectrum of whether YMCA could mortgage this property. That would in
turn would,. one, result in increased operating expenses, and also, give
them the capital rising from the Town's investment. Either town could say,
or the town residents, to take the capital raised on that basis, and exploit
it for use in another facility. So, I'm not at all sure, that unless you
have a detailed explanation and projection of they plan to do, I'm not at
all sure that this is financially feasible, much as I'd like to see the
facility established.
SUPERVISOR WICKHAM: I can't speak for the YMCA. All I can say is, that
they recognize that Southold Town .is in some respects marginal . Our
population base is small. Our people- are not wealthy. It's not going to be
an easy thing. They also recognize that feasibility is kind of marginal, but
what they did say is, that the YMCA he in Huntington, that you
described, could actually subsidize , this to get it established, to get it
started. To me this is a wonderful opportunity, that we just ought to take
advantage of, and we ought to somehow come together to support. So,
there are question about this, Frank:. . I don't pretend to know, I haven't
even seen, the feasibility 'analysis that they have done. I'm quite open to
bringing someone from the Y out here to address the concerns, that Board
members have, and others have. We can do that. I just hope that we can
get over these questions, and get -on with the job of putting a facility in
the town here, that would not cost the taxpayers any appreciable money,
that would provide important. .it would be recreational center serving all
people from the town. It would have'a long term value to our residents, and
I can try to bring somebody to the next Town Board meeting to help
address some of these concerns.
F.M. FLYNN: I think it would be absolutely essential for any fair minded
decision on this to have a feasibility study, and not rely on the fact that
the Town of Huntington branch could be of assistance. The question is,
would they be of assistance?
SUPERVISOR WICKHAM: They have said they would, and their Board has
said they would. Anyone'else like to address the Board?
JEAN COCHRAN: Yes, I would, please. Jean Cochran, Chairman Southold
Town Parks, Beaches and Recreation. While sitting through your Work
Session today in your discussion of the Y, Tom, you stated the only concern
of the Board should be the giving of the land. I think there are other
concerns, that have to be- considered. One, is tearing up the present ball
diamond. This is used by 150 young people in the Little League Program.
You said you did meet with two persons from the Little League, and that
3 2 6 AUGUST 22, 1995
they said, if they could be relocated they would support the project. I
don't know if the Board is aware of what the cost of relocating two ball
diamonds would be. You have to buy two to three acres of land. You have
to develop the fields. You have to install the irrigation. You have to
place the fencing. You have to build the bathrooms. A minimum cost to the
taxpayer would $150,000, and that can be verified. Something else that
bothers me, as Jean Cochran taxpayer and resident, is that today you did
.'discuss an easement being....g.iven either to. the Nature Conservancy, or
another environment group. I have great difficulty, because the Town
Board is the guardian of land owned by the Town. It is entrusted to Town
Board members for protection, as the creeks are protected by our Town
Trustees. It's almost like saying, that as Town Board members you are not
capable of protecting- land that belongs to the Town, and you feel that you
have to give it another group, as an easement. Also, it was said today, that
it wasn't giving away the land, because it would revert to the Town at some
point down the road, if things didn't• work out, but I'm sure the Y's name
would be on the deed,' when .they go for, their mortgage. So, you are giving
away Town land: I don't think there is too many of us, that are involved in
recreation, that have worked with young people in the community for over
forty years, are against a facility. If ' this community can raise a million
and a half dollars to build a pool for the Y, why can't this community raise
a million and a half build a pool for the municipality? I think there are
many, many questions in areas that should be looked at. I, also, feel very
strongly that we have the right to ask questions, and receive answers.
SUPERVISOR WICKHAM: I fully support that, Jean, and we're here to
respond to those questions, and I provided every piece of information I have
on the Y to you, and to other people on this. The question about the
easement is the one I'd like to address. It wasn't I, or the Board, who
raised the question about an easement. It was people around Laurel Lake,
who are dissatisfied with. the level of care, that the Town is giving to most
of that parcel, who asked whether we couldn't use an easement to enhance
the management of our property. It's not taking it away from the Town,
rather it's a tool the Town could use to properly manage it. I think it's a
legitimate request, that we could reasonable look at. Anyone else who would
like to address the Town Board tonight?
PHIL VANBOUGONDIEN: My name is Phil VanBourgondien, resident of
'-Southold. I've been out of state for twp or three weeks, and I came home a
week ago today, and I have to say that the McDonald is some beautiful asset
to our town. The way they fixed that thing up, it's just beautiful.
Secondly, it employs people, and we need businesses. in this town, that
employ people, because people in this town need employment. They are
leaving at a fast rate, because they can't make a living. I read the local
papers upon getting home, and -1 came upon an article where the Chief of
Police, and the Lieutenant, are claiming that our Police are overworked. In
the same article, if . I'm not , mistaken, *I read that a Policeman in the
Southold Town Police Department answers complaints, or call, about two
hours of his shift. My question to the Chief of Police would be, through the
Board, what are the Police doing for the other six hours of their shift? If
they're only working .two hours of the shift, answering complaints, and
calls, what happens to the other six hours? I brought up the subject of the
police, parking at night . particularly, several months ago to you, and you
told me when you see two cars together, if one of them has orange strips
it's the Sergeant, who is a roving Sergeant. Well, I came home a few weeks
ago,. and it wasn't a roving Sergeant. There was two of them, so ones out
of his sector. So, our boys are not doing their job, in my opinion. I never
see the Chief. I never see the Lieutenant. I think .they ought to get out on
the road once in awhile, and see what's going on. The other day we had a
little incident in Feather Hill. You couldn't get down the Main Street. for
all the Police cars for a little fender bender. That's a little overkill.
think the Chief and the Lieutenant ought to get on something like that.
Saturday, a beautiful Saturday, busy, traffic galore, where are the
brownies. I don't see a ' rent-a-cop around anymore. There was no
rent-a-cop up here in the hamlet. There's traffic going up and down this
street. Never around. The distribution of brownies is horrendous. I wonder
if the Chief is aware of what's going on. If he isn't, he ought to get on
the ball. That's all I have to say. Thank you.
SUPERVISOR WICKHAM: Thank you, Phil. Would anyone else like to
address the Board?
AUGUST 22, 1995 327
TOM ANSHUTZ: My name, is Tom :Anshutz. I live in Mattituck. Sounds
like the only thing tonight, that everybody -is on agreement on that
somebody should reserve our fresh water. Everybody agrees with that,
including the Town Board'. Then why, is the Town giving away 11 .4 acres of
valuable land preservation property, that the State, County, and every
other location, is looking to buy and preserve for this purpose? I ask that
of you, okay? Number two, -is the YMCA for the Town of Southold, or is it
for the Town of Riverhead? If you want to move it to the westerly location
of the Town, to get membership from Riverhead, but you. expect taxpayers
of the Town of Southold to pay for it, ..so Riverhead can enjoy it. Otherwise,
it would be located in the central location for the .taxpayers of the Town of
Southold. In effect, you basically call 'it a North Fork YMCA, instead of a
Southold YMCA. It's beyond me how you can give away, Tom, the taxpayers'
property without some type of public referendum, whether it's two or three
acres, or now what seems to be 11 .4 acres. I don't care it it's an acre, an
acre in the backwoods of New Jersey, it still belongs to taxpayers. It's
their right. They have a say in it, no matter how big, or how small.
Basically the water shed area is the biggest thing, and the last question
I'd like to ask you is, what does YMCA 'in the Town of Southold, and this
TDR Program, have in .common with the YMCA. I think there's something
well below. the level here, and it's below the groundwater, that we're
talking about preserving, that there's a problem deep and below the lake
itself. Something ought to be done, and people in this town have a right to
know, and it's not your project. The Town Board was invited to a
taxpayers' group meeting, okay, and the Supervisor elected not to have the
Town Board there, except himself, and a flunky representative of the Y,
and that's who showed up. Thank you.
SUPERVISOR WICKHAM: Anyone else like to address the Board this
evening? (No. response.) 'If not, I thank you for your patience, and your
comments, and I'm open for any comments from the Board.
COUNCILWOMAN HUSSIE: We had an interesting Work Session today, and
among the things that we discussed was a resolution, that I had proposed to
lower the price of -garbage bags. It was not supported by the Board. The
suggestion being, that it go back to the drawing board, and some more
figure put into it. One of the reasons, that I proposed it, at this time;
was because I know that we would be going into budgets, and hearings, .and
discussions very soon. I wanted to be, able to have a definite amount for
garbage bag costs in place, so that it could be worked around in the
budget. . The price of garbage bags was originally supposed to pay for the
disposal of garbage. It was supposed to be an absolute exchange. As things
are now, that's not the quite the case. I'm not going to go on and on about
this, but I do hope that everybody keeps on the top of the price of the
garbage bags, as well as you've doing the TDR thing, and other
instances, that you've been talking about. A lot of families who use the
garbage bags, the price of garbage bags would be very important to them.
COUNCILMAN TOWNSEND: Reducing the price of the garbage bags would
be wonderful, and I think everybody would like not to have to pay, but
you've got to realize last year we were at a deficit in the Solid Waste
District. It's a fact. We got an audit today. It's in here. So, that the
problem is every dollar you take out of the garbage bags, you put on your
taxes, so if you're prepared to increase your tax, I think the figures that
Alice presented today, would increase your taxes by 50% in that district. If
the taxpayers are willing to do that, then we can reduce the price of the
garbage bags, but the figures that .we would want to really look at, is to
see if you're getting more income than we had expected, if the revenues are
greater than we had anticipated. That's the only way you can legitimately
reduce the cost of the garbage bags, if we're making more money than we
had anticipated. As far as I know, that's not the case. It would be nice. I
would love to reduce the cost of garbage bags. It would be a boon to
people, but it would be a false savings, because we would just have to put
it on the taxes, and that was my concern with that issue, and that's why I
wanted to look at the numbers before I do that. As far as the Y. is
concerned, you know, we have in the last ten years bought a fair amount of
community services. We .bought the Human Resource Center. That cost us
over a million dollars, and we're paying for it. We put some new ball fields
in, and we bought that property in Peconic, and that was great. That cost
a lot of money. We can't do that anymore. We really can't do that anymore.
You need to find, not only cost effective, but recreational opportunities in
328 AUGUST 22, 1995
this town, that don't cost the taxpayer money, and that's basically why I'm
supporting a Y in this town. We looked into putting in a swimming pool
years ago, when I was .on the Town Board, and many other communities
outside have looked into building a swimming pool. The cost of operating
that swimming pool is just too much for the taxpayer to take. We have to
stop the bleeding, and this is the only way you can do it. That's why if
you want to support. .if you don't want to support a Y, the test will be if
t_he,:fund raising fails, we won't have a Y, but we're not going to have a
swimming pool, because we can't afford it.
SUPERVISOR WICKHAM: I'd like to respond briefly to the proposition that
Alice put on the table this morning of dropping the price of the garbage
bags, and I'd like to say that I ,think all of us on the Board would like to
do that. It's a very popular move. I. think all of us would like to find_ a
way to do that. I think Alice is accurate in saying, that the original idea
of the garbage bags was to finance disposal of garbage, and also CED. The
problem is, this morning .that. .we really didn't have the figures for what it
cost to dispose of garbage, and whether or not those garbage bags do pay
all of those costs. We have some costs, but we didn't have all of them. The
Budget process, that is ahead of us now, is the process-by which the whole
Town Board grapples with the revenues from all different places, and the
expenditures that go all in- those places,- and come to a decision on fixing
fees, and taxes, and all of that, so I frankly welcome the principle that
Alice enunciated this morning. It's the principal that the Board has
adopted from the very beginning, that the garbage bag fees should pay for
the disposal of that. It now is for all of us, and Alice, and all the rest
of us, to dig out the figures, and accurately assess what those costs of
disposing of garbage are, and to fix .the fees, and I think all of us would
love to find a way to reuse it.
COUNCILWOMAN HU.SSIE: . ' I• have to reply to that, Tom. The cost of the
garbage bags, the cost of disposal is to be paid for by the sale of the
bags, or the tipping fee. that we got over the scale. The one component
that I did not discuss in depth was the actual -manpower used to take the
garbage from the tank there, that everybody puts it in, into the roll-offs.
However, in my calculations I also did not mention, that we have so far this
year taken in $51,000 in permits, which was not part of my original
calculations. It would seem to me that the $51,000 certainly should pay for
a full-time man, or two, to do all the :work getting the garbage from one
place, or another. However, I'm going to bring this to the Task Force.
We're going to come back with numbers. Maybe we cam reduce it even more.
SUPERVISOR WICKHAM: It would be good, if you would take it to the Task
Force, Alice. They could help you analyze the figures, and come up with a
stronger set of justification -for -it. Meanwhile the Town Board undertakes
it's annual Budget exercise. We look at, these things very carefully, and I
think all of us on the Board will be lookirng for ways, that we can reduce
the cost of garbage bags.
COUNCILMAN LIZEWSKI : - First of all, I'd like to say that Tasker Park
was not bought by taxpayers' money. It was bought through developers'
money. It's a two thousand dollar fee, that developers pay when they put in
lots and subdivisions, and that goes into 'a Park and Recreation Fund, which .
the Town Board then is at their pleasure to spend on something like
Tasker Park. So, Tasker Park was developed, and bought by that fee,
and not through taxpayer money, and the development money for it came
through grants. The baseball fields were built with grants, which is
basically taxpayer money no matter how you look at it, but it didn't come
directly from our taxes. I have only a couple of things to say. I have two
things. I had a person come up to me from the area of Fleet's Neck, and
told me that he met with the Supervisor, and the Supervisor had made a
comment that we would like to buy. .the Town is very interested in taking
over the Wade property. About a , month ago, we discussed the Wade
property, and the Town, at that time, decided that they had no desire to do
so, so I don't know where that came from. I expect that maybe that is just
political promise. We had another incident today, which really upset me, and
it's the first time it's happenbd. This Town Board has taken it upon it's
self to create laws to deal with the Stewardship Task Force, and Planning
Board, and today we had Richie Caggiano come in, a Democratic
candidate, who is running with our Supervisor, who proposed that we get
rid of one of our offices in our town. ' It's an office, that no Democrat has
AUGUST 22, 1995 329
ever held, but I find it pretty appalling that we bring politics to the
point, where we have a candidate asking a Board to abolish an office by
putting it up for a referendum. That may cost us more money in the form of
actually a Civil Service person to an appointment. I just don't think that
this Town Board should be dealing with political parties asking for changes
in government. I think it doesn't belong at a Town Board meeting. I think it
was deplorable, and I ,hope we don't see anymore of it. I don't think. it's
something that should be - done. I don't think it's the Democratic party, or
the.' Republican party, or the United Southold Party right, where they
should come in here, and ask this Town Board to put things on the ballot,
that they so desire, and if it came from the people I would feel a little
more comfortable. When it comes from a political party, and a politician who
is running with my Town Supervisor, I find it pretty disheartening. We
never had politics in Town Hall to that degree, or that kind;;oftboid�ness;j_.;z
and I 'hope we don't have anymore of it..
SUPEVISOR WICKHAM: I'm open to a motion to adjourn.
Moved by Councilman Townsend, seconded by Supervisor .Wickham it was
RESOLVED that the Town Board meeting ' be and hereby is adjourned at
9:40 P.M.
Vote of the Town Board: Ayes: Councilman Townsend, Councilwoman
Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
Judith T. Terry
Southold Town Clerk