HomeMy WebLinkAboutTB-08/09/1994 i
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SOUTHOLD TOWN BOARD
AUGUST 9, 1994
WORK SESSION-
Present: Supervisor Thomas Wickham, Councilwoman Alice J. Hussie, Councilman
Joseph J. Lizewski, Councilwoman , Ruth D. Oliva, Justice Louisa P. Evans. Also
present: Town Clerk Judith T. Terry, Town Attorney Laury P. Dowd. Absent:
Councilman Joseph L. Townsend, Jr. (ill) .
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9:15 A-.M.'- Daniel Karpen,, Professional Engineer and Consultant, met with the Board
to discuss .recent) bids for the Energy Conservation program. He recommend accepting
the bid of Kolb ;Mechanical, Corp. for the HVAC work at the Human Resource Center
(resolution no. 19), and executing a change order for a reduction in the bid amount -
of RCS Air Duct ICleaning (resolution no. 18) . Mr. Karpen also recommended that -
contracts be prepared for Brompton Service Corp. and Kolb Mechanical Corp. for work
at Town - Hall and Police Headquarters, subject to the receipt of the grant application
by the State Energy .Office (resolution no. 20) . Mr. Karpen then briefly reviewed his,'.-.-: '
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recommendations . for energy improvements at the Highway Garage and Recreation
Center, however, the Town Board is not ready to move forward with those projects
at this time.
9:45 P.M. - Justice Evans brought to the Town Board's attention the need to engage
a contractor to remove, a crumbling cement bunker from South Beach, Fishers Island.
Contractors on Fiishers 'Island .estimate the -cost to be approximately $1,280.00 for two
day's work..' Community Development Administrator James McMahon joined the Board for,.'
this discussion, advising that a DEC permit will be necessary, and he would prepare'
same. The Board: agreed to` put a resolution on the agenda (no. 29) to allocate
$1,000.00 for the'job.
10:10 A.M. - Si lid Waste Issues: Memorandum for Solid Waste Coordinator - James
Bunchuck . with regard to delivery of. Town Garbage Bags. He advised that he has. .
reconsidered his 1proposal to deliver the bags for security reasons but proposed an , `'-
alternative whereby a'-,Disposal Area vehicle would be stationed at Town Hall on Friday
mornings, and. th'e merchants could pick up their cartons of bags from the orders they.
.call in the: day before to the Town Clerk's office (resolution no. .21) .----Councilwoman
Oliva reported that the recycling containers at, the Town Beaches have been highly
successful, and the public -has----been--.-very _.cooperative...----Discussion .with .regar..d__to._--L- _
requests received' by the Supervisor's office and Mr. Bunchuck for the -Disposal Area . -
to accept garbage, at no cost, . from public events held throughout the Town by fire
districts,`.•school districts." fund raising organizations. Supervisor Wickham suggested
that Jim,.. Bunchuck prepare . a policy on this subject. Councilwoman Hussie objected, '
stating everyone I must pay. Councilwoman Oliva said she would like to see it free to
groups who do beach cleanup. Justice Evans and Councilman Lizewski said they are
inclined to say no, but would like more information.
10:30 A.M. - Planning and Zoning Issues: Board again reviewed the proposed Local
Law in Relation to Bed and Breakfast Facilities, major and .minor still being the issue
between Board members. There were several interested individuals in the audience, ; ^
a representative 'of. the Nassau Point Property Owners Association, who strong object„ "
Catherine Fraser i who said .they should all have permits; F. M. Flynn who vigorously
opposed, stating Ia. variance should be required; owners of bed and breakfast facilities.
who have been attending the meetings as interested observers. At the. conclusion. of
the discussion it jwas agreed the Town Attorney would review the proposed law further—'-
and discuss. it` with the .Board of Appeals.----Senior Planner Valerie Scopaz 'joined the .
Board while'. they reviewed the Code Committee's comments on the proposed sign
ordinance. :. Ms.- Scopaz read a memorandum from the Planning Board giving their',
observation's on roof signs, placement and wording, and a recommendation that.. .
internally illuminated signs -be prohibited in all districts.----Next the Town Board
discussed the issue of a Transfer of Development Rights Program. Supervisor Wickham:
asked if they are! interested in moving ahead, and if they would like to appoint a TDR
Committee. Councilwoman Hussie said, no, the Town Board should do it themselves.
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Councilwoman, Olivp said, yes, and the Town Board should give the committee a charge
Supervisor .Wickham also suggested. a consultant, there being $2,000 available for one
in the Kaplan Furd.. . Councilman Lizewski said the Town Board should deal with. the
TDR question first before going to a committee. The Board agreed on Monday, August
15th, 4:30 P.M. for their initial discussions on TDR's.
12:05 P.M. - Personnel Issues: Request from County Legislator Gregory Blass for a
nominee for the j Council on Environmental Quality --- held for the August 23rd
meeting.----Appointment of a summer intern for the Planning Board for the remainder
of the summer was held for Executive Session.----Request from Public Safety Dispatcher
I I I John Raynor for he and Alan Thibodeau, Fishers Island, to attend a New York State
Disaster Preparedness Conference at Albany, in their capacity as Deputy Emergency
Preparedness Coordinators (resolution no. 22) .
12 :10 P.M. - Recess for lunch.
1 :40 P.M. - Work Session reconvened. The Town Board reviewed the proposed .
amendment to -the ;Town of Southold Procurement Policy. Several changes were agreed
upon and the Tow Attorney will redraft for the August 23rd meeting.
2:00 P.M. Town Board reviewed the resolutions to be voted on at the 4:30 P.M.
Regular Meeting.
2:10 P.M. = Policy and Finance: Supervisor Wickham submitted a draft Ethics Code
for the Board's onsideration. Councilwoman Hussie object strenuously to the depth
of the proposed code, -stating it is an invasion of privacy. Following a general .
discussion of the, purpose of the code, Board members were asked to submit their .
suggested changes; to the Town Attorney by August 16th, beginning with the disclosure
requirements.----Town Trustee- Peter Wenczel met with the Board to discuss a proposed
Local Law in Relation to a Junior License for Commercial Shellfishing. If enacted, the
proposal would permit ages '12 and 13 to obtain a Junior Shellfish License which will
allow them to- catch half the commercial limit, and the license would be half of the cost
of a commercial one. Trustee Wenczel informed the Board that the -ages 12 and 13 was.
agreed upon by the Shellfish Advisory Committee as a reason,-hle compromise (see
resolution no. 26)!.----Town Clerk Terry submitted the 1995 Budget Timetable for the
Town Board's review. Supervisor Wickham said he will be meeting with department
heads over the month of August to discuss preparation of their budgets. The
Supervisor's Tentative 1995 Budget must be completed and filed with the Town Clerk
by September .30tt . Supervisor Wickham distributed a sample of the 1995 Budget Work
Papers for Expanded Department Detail generated by a new program installed for the
Accounting and Finance Department.
2:55 P.M. - Supervisor Wickham gave update on the upcoming Peconic County Study. He
recently met with.other Supervisors at Southampton to interview prospective firms who
would -conduct thei study. Two of the 'firms will be reint.erviewed. The $100,000 study
(Town of Southold has appropriated $10,000) will be completed in March, 1995.----
Supervisor Wickham discussed a proposal for the Town to contribute to emergency
power at the... Maittituck � High School, one of six designated emergency evacuation
centers/shelters in Southold Town. With the exception of Mattituck, all of the shelters -
have emergency generating capability available. Mattituck Fire District has offered to
provide a generator truck which--will- supply "-power -to the water-pump--and-lighting,- but-
there is an estimated $3,960 for the hookup equipment. The fire district has agreed
to pay one-third, ' it is expected the school district will pay one-third, and the Town:
is being asked to pay one-third. The Town Board agreed (resolution no. 27) .----The
Town Board agreed to the reappointment of Agricultural Committee members whose terms
expire on August 1.1th (resolution no. 28) .----
EXECUTIVE SESSION
3:15 P.M. - On motion of Councilman Lizewski, seconded by Councilwoman Hussie, it..
was Resolved 'that the Town Board enter into Executive Session. Vote of the Board: -
Ayes: Supervisor ; Wickham, Councilman Lizewski, Councilwoman Hussie, Councilwoman
Oliva, Justice Evans. Also_,present: Town Clerk Terry, Town Attorney Dowd.-The
Town Board met with William Cremers and Joseph Gold, members of the Supervisor's
Committee to .investigate the proposal by,. the Village of Greenport for the Town to provide
police protection to the Village. Mr. Cremers - and Mr. Gold made a presentation _on - ,
their report.-- :-The Town. Board discussed the appointment of a 'replacement .summer ..
intern for the Planning Board (resolution no.' 30) .----The Board also agreed to the .,.=_
appointment, of a second intern for the Town Attorney's office ' to assist until a "full-
time secretary is !appointed. (resolution no. 33) .----Lastly, there was discussion with
regard to contract.negotiations.
4:25 P.M. - Work Session adjourned.
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REGULAR MEETING
A Regular Meeting of the Southold Town Board was held. on August 9,
1994,, at j the Southold Town Hall, Main Road, Southold, New York.
Supervisor Wickham opened the meeting at 4:30 P.M. with the Pledge of
Allegiance to .the Flag.
'Present: Supervisor Thomas H. Wickham
Councilman Joseph J . Lizewski
Councilwoman Alice J. Hussie
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
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Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
(Absent: Councilman Joseph L. Townsend, Jr. (ill)
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SUPERVISOR WICKHAM: This is a meeting that's supposed to begin at 4:30,
and whenever we have a 4:30 meeting it's always quite a struggle to
accomplish the Work Session, which begins at 9:00 in the morning, where we
prepare our agenda, prepare all of the materials to get done by 4:30, so
that we're more or less ready. I think some of you at least should have you
the agenda 'for today's meeting. There's one additional resolution being
added for the appointment of a summer intern for the remaining three weeks
of the summers, that will be added to our list of resolutions, that the .Town
is going to take up . this afternoon. We have a number of other things to
conduct in our meeting this afternoon. The first thing is to approve the
audit of !the bills of ,August 9th. Would someone like to move that for
approval?
Moved byl Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $147,378.13; General Fund Part
Town bills in the amount of $31,733.45; Nutrition Fund bills in the amount
of . $1,884;64; Adult Day Care bills in the amount of $435.41; SNAP Program
bills in the amount of $787.24; EISEP Program bills in the amount of
$71 .40; 1-11jighway Fund Whole Town bills in the amount of $5,786.92; Highway
Fund Part Town bills "in the amount of $11,170.48; Ag Land Development
Rights bills in the amount of $153.34; Open Space Capital Fund bills in the
amount of $20,178.70; Lighting/Heating Capital A/C bills in the amount of
$1,461,41; Waterfront Revitalization bills in the amount of $1 .23;
Scavenger Waste Facility bills in the amount of $22.75; Employee Health
Benefit Plan bills in the amount of $16,450.58; Fishers Island Ferry
District bills 'in the amount of $19,422.54; West Creek Estates Road
Improvement bills in the amount of $255.00; Refuse & Garbage District
$87,613.2¢; Southold Wastewater District bills in the amount of $1,789.75;
Fishers Island. Sewer District bill in the amount of $565.00; Fishers Island
Ferry District Agency & Trust bills in the amount of $1,034.74. .
Vote of !the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman. Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
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SUPERVISOR WICKHAM:--And-the-minutes? - - - — - - - -------------
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Moved by! Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the minutes of the July 26, 1994, Town Board meeting be
and hereby approved.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: The next meeting?
Moved byi Councilwoman 'Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the next meeting of the Southold Town Board will be at
7:30 P.M., TuesdayT August 23, 1994, at the Southold Town Hall,
Southold,! New York.
Vote of ithe Town Board: Ayes:' Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
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REPOR ITS.
1 : • Southold Town Disable Program for July, 1994.
.2.. Southold Town Justice Prices Monthy Court Report for July, 1994.
3. Southold Town Justice Tedeschi's Monthly Court Report for July,
1994.
4. Southold" Town Building Department Monthly Report for July, 1994.
5. Southold Town Clerk's Monthly Report for July, 1994.
6. Lawrence Healthcare Health Monthly Report for July, 1994.
7. Lawrence Healthcare PBA Health Report for July, 1994.
8. Southold town Justice Evans' Monthly Court Report for July, 1994.
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II . PUBLIC NOTICES.
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1 . Corp of Army Engineers, New York District, application of Claudio
Family Corporation to maintain as completed fixed pier sections and a deck;
install accessory equipment, perform mitigation in Greenport Harbor,
Gardiners Bay, Village of Greenport, Town of Southold, New York.
III . COMMUNICATIONS.
1 . Robert" Schneck, Regional Water Engineer, New York Department of
Environmental Conservation, thanking the Town of Southold for their
cooperatioIn with the' shoreline cleanup at Goldsmith's Inlet County Park.
2. Milton F. Bagley commending Mary Santacroce, secretary to the
Town Attorney, on her exemplary service.
IV. . PUBLIC HEARINGS'.
1 . 5 00 P.M., ' on a proposed "Local Law in Relation to Burning".
2. 505 P.M., on a proposed,"Local Law in Relation to Whistler Avenue".
SUPERVISOR WICKHAM: That take care of the preliminary work on our
agenda this afternoon. We're fortunate to have with us today an Eagle
Scout, wlio we can give a proclamation to, but before we do that I'd like to
say that this was proclamation that we had hoped to read out, to deliver to
the candidate; and we will be doing that in a few minutes. On Sunday we
had asked":one of the members of the Town Board, Joe Townsend, to do
that,' and; unfortunately, he was taken sick the night before, and he's still
in. the ho' ital. He' has a problem that hasn't clearly diagnosed. Sometimes p.
it seems to be reoccurring, sometimes it's not too serious, sometimes it's
quite pai ful, An' d-Ji hasn't been diagnosed yet. He's still in the hospital,
the Greenport. Hospital,and so today we are functioning as a Town Board
with .five 1people while Joe is' not with us. So, I don't really know what his
problem is. I don't .quite know how soon he'll be with us again. 1 don't
think it'si serious,, but obviously anytime when you're in the hospital for
any length of• time, it's worrisome feeling. So, it is our pleasure as a
Board today, in the absence of Joe, to read out a proclamation for an Eagle
Scout of •�Marc Boken, and, Marc, I guess you're with us. I think I'll do
this down below where I can see Marc. Alice Hussie was at that ceremony
in East Marion. There was a ceremony in East .Marion even in the absence
of Joe Townsend. It was there to recognize Marc and the achievements
he's. done! as an Eagle Scout. So, I would just like to read on behalf of the
Town, Board the commendation and proclamation on behalf of Marc Boken,
and his project for Eagle Scout. Maybe, it's nicer to do on behalf of the
whole Town Board in front of this group of people today. I'd like to just
very briefly comment-that--Marc -is-a graduate; a salutatorian; from the--Class----
of 1994, land he'll be going on to study mathematic at the University of
Richmond`;1 in Virginia-. Marc has been involved with the scouting program
here since 1986 when he joined the Boy Scouts. He has progressed to the
ranks; holding the position of Senior Patrol Leader, and Junior Assistant .
Scout Master, and .he is now a Junior member of Southold Historical Society,
and the !Custer Institute here in Southold. Marc has found time to be
active An.1 .:school. " He was a member of the Varsity Football, the baseball
team, he !was co-captain of the basketball team. Well, you're not six foot.
five, but; you're tall "enough to be in basketball. He was a member of the
.National Honor Society, Boy's State Representive, and Treasurer of the
Senior C11 s- s.. In his spare time, I'm not sure how much spare- time, he
works on( a local 'farm. That's also good experience for *anybody. Which
farm?
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'MARC BOKEN: Latham's.
AUGUST 9, 1994
SUPERVISOR WICKHAM: .-Latham's Farm in Orient. For his Eagle Scout
project Marc choose.: to complete the first stage of a restoration project for
the Southold Historical Society. This involved gutting the second story of
the . Prince Building here in Southold, and restoring it to the . original
architectural style. Marc is a fine young man who has exemplified the
qualities. of .a Eagle Scout, and does his best to live by this Code everyday
of- his life. Now, I'm going to read to you the proclamation that the Town
Board has prepared for Marc.
Moved by! Supervisor Wickham, seconded by-the- Entire Town Board,
WHEREAS1 through diligence, hard work and meeting challenges in his daily
life; S. .MARC BOKEN has set high standards for himself; and
WHEREAS1 in developing his own personal code, S. MARC BOKENhas
demonstrated strong character and leadership which will guide him toward a
more meaningful life; and
WHEREASI. S. MARC BOKEN, who was born and raised in East Marion,
became involved in' the Scouting prog�am in 1986 when he joined the Boy
Scouts, - progressing through the ranks and holding the positions of both
Senior ,Pa�rol Leader and Junior Assistant Scout Master; and
WHEREAS, MARC has had an active school career, participating in varsity
football and Baseball, and co-captain of the 'basketball team; he is a
member - of the National Honor Society, Boy's State representative, and
Treasurer of his Senior. Class; and; in', addition to his school activities, he
joined the Custer Institute, and is a junior member of the Southold
Historical ,Society; -and
WHEREAS- through his interest in the historical society,MARC chose for
his Eagle Project,Project, the first stage of a restoration project for the' Southold
Historical -Society,- by' gutting - the ,second story of the Prince Building in
Southold,! and restoring it to the original architectural -style; a project
which taught him a great deal about organization, planning and managing a
major project; and
WHEREAS; 'S. MARC BOKEN, through his outstanding accomplishments in
Scouting,) will be. guided through his life by the Scout Oath and Code; now,
therefore; be it
RESOLVED,., that the Town Board of' the Town of Southold hereby commends:
and congratulates S. MARC BOKEN for achieving the highest rank in
Scouting ;: EAGLE SCOUT.
DATED: August 7, 1994.
Vote of !the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was, duly .ADOPTED.
SUPERVISOR; WICKHAM: Marc, it's my great pleasure.
MARC BOKEN: Thank you very much.
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SUPERVISOR .WI.CKHAM: It's always a pleasure to meet younger people, who
represent the future of the town. You have before you your agendas.
think .you can . see the volume of work that the Town Board took on today at
our Work Session . beginning early this morning on the Roman Number. IV,
For Discussion part of the agenda, page three. These For Discussion items
were taken: up during the day. Some of them have resolutions that the Board
will adopting, or .at . least considering last this afternoon. But, most of .
them werI`e for discussion, and preparation purposes. There were- fifteen
items. Roman number V, on the next page, begins the resolutions. We'll be
taking up these.. resolutions shortly. Whenever the Board takes up.
resolution; we invite--the--audience---to-address--the-Board -on- any--matter,--on--- -
any one of -these resolutions, that will be before the Board this afternoon.
You've got copies of the agenda, I hope, on these resolutions,. and .if there
are members of .the audience, who wish to address the Board on one or more
Of these Iresolutions, now is your time to do it. First of all, do you have
copies of, the agenda? We had difficult getting these things prepared. The
photo copier- wasn't working properly, and we only finished our meeting a
few minutes before.--.4:30. While we're waiting for this, I see a number of
people irk the audience, ,who are here for various reasons, and. I suspect
that there. may be ` two. key reasons that have brought you here. It's
normally !the purpose, or the system of handling our meetings to -take on
matters of general concern after we take up our resolutions. But, if the
Board would agree, and if many of you are here for a particular purpose,
that you',d to it may be more efficient to address your concerns prior to our
adopting j the resolutions,. -and going through all of our regular business
meeting, rather than after, and I suspect that there are . two key reasons
that might have brought you here this afternoon. One of them has to do
with the' work. we're doing on the bed and breakfast legislation, that is
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AUGUST 9, 1994
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before the Town Board, and the other has to do with the group home, that's
been proposed for the development .off of Route 48 in Cutchogue. How many
people are here, roughly with a show of hands, to help the Town deal with
the group home in Cutchogue? That's fine. How many people' are here to
help the Board deal -.with the issue of B&B? Well, that also interesting.
Are most of you on the B&B wish to give the Board the benefit of your
views, or did you just come here to see what the Board is going to do in
the issue? How many would like to give .the Board the benefit of your views
on B&Bs, and how many people would like to give the Board the benefit of
your views on the group.-home? Burning issue is scheduled for 5:00. We
do have is few minutes, and in order to make life easier for you, and
perhaps for the.' Board, 1 wonder if we could depart from our normal
sequence iof business, and take up the matter first of the Bed 8 Breakfast
provision! There's been a lot of discussion about Bed 8 Breakfast, and I'd .
like to schedule the next few minutes for a quick discussion, and bringing
the•-Board 'up' to date with your thinking about Bed 8 Breakfast, recognizing
that 'Bed-1 E . Breakfast is not on the agenda. We are not taking up any
resolution!s' ` dealing with it. There will ample opportunity in future
meetings,i when we do put it on the agenda, to address those questions.
Nevertheless, if members of the audience would like to bring to our
attention your concerns, and views about the Bed & Breakfast, and
particular' if you could make it very brief the Board would be pleased to
have that! testimony at this time. Yes, ma'am, you're on.
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PAT- MOO RE: Thank you members of the Board, and Supervisor Wickham,
for taking us at this time. . My name is Pat Moore. I'm here on behalf of
myself, and on behalf of some neighbors in my neighborhood. We have
reviewed Ithe Bed and Breakfast legislation, and- it has caused great concern
for myself, my family, and my neighbors. For that reason we have
prepared i a petition, and I would 'ask for your indulgence to read it to you
very. quickly for you today, and then make some side comments as well. the
petition that has drawn up is to encourage the Board to not adopt the minor
Bed and Breakfast legislation, major Bed and Breakfast for the
Agricultural-Conservation District, Residential Low Density one acre R-40,-
Residential ' Low, Density two acre R-80, Residential Low Density two acre
R-80, Residential Low. Density -three acre R-120, Residential Low Density five
acres R-200, and Residential Low Density ten acre R-400, . and then Hamlet
Density Residential, District, which is the HD District. We have prepared
this -petition so that, you know what our neighbors have signed. The Town
Board. had defined minor Bed and Breakfast as the renting of less than three
rooms inl, an owner occupied dwelling providing lodging and serving of
breakfast!- to casual and transient roomers, provided that the renting of such
rooms for; such purposes clearly incidental and subordinate to the principal
use of the :dwelling, and whereas the Town Board has defined major Bed 8
Breakfasts as the renting of,;,,at least three rooms, but not more than five
rooms -in la owner occupied dwelling for lodging and serving of breakfast to
casual and transient roomers; .provided that the renting of such rooms for
such purpose is clearly incidental and subordinate to the principal use of
the dwelling, and whereas the undersigned constitute owners of real
property i situated within the Town of Southold and within the Zoning
Districts jAC,, - R740, R-120, R-200,R-400 and HD, whereas the areas zoned,
as follows, do not allow major Major Bed and Breakfast use at all, however,
minor Bed and Breakfast use is permitted only be Special Exception by the
Town of Southold Zoning Board of Appeals. Whereas, the areas zoned
AC,R-40,fR=80,R-120,R-200,R-400 _ and HD are exclusively residential use
areas where - existing neighborhood characteristics have developed, and
property II� owners haver--an----expectation-. of`--continued-- -residential--use;--and
whereas the renting of rooms in an owner occupied dwelling for lodging and
serving : !of breakfast to casual and transient roomers constitutes a
commercial enterprise inappropriate for residential developments, and
whereas, the undersigned. are desirous that the character of these zoning
districts' remain residential. We, therefore, have numerous signatures, and
I'm. sorry I don't know who here has the petitions, and if you do, you could
give them to me, and I'll present them to the Board all at once. Finally,
what has; been occurring from the newspaper. Councilwoman Hussie asked
to hear from the common man. Well, in walking around getting these
petitions I was . quite surprised by the message of the • uncommonly
knowledgeable local resident, and they're paying attention to this issue.
The most common theme that was expressed by all these people, who signed
the petition, -at least -to .me personally was that they do have. an expectation
of a residential neighborhood, and, that they're quite upset by the fact that
minor Bed and Breakfast will be allowed as a right, and - it will ultimately
undermine the residential character of their neighborhood. That is a very
serious point. One issue, which I certainly am not an expert in, however,
AUGUST 9, 1994 '
have to -believe that in allowing minor- Bed.. and Breakfast i,n residential
neighborhoods, my property . value, or someone interested in my house,
would:be 1 less desirable than living across the street from the Bed and
Breakfast,,1 -than someone who. with maybe two hundred other homes of similar
value, which ,they could choose from. Similarly, people who have invested
in commercial property, in business owned property, you are now
undermining the value in their property, because they have bought business
property, and certain uses like a Bed and Breakfast, which is a commercial
enterprise, with would logically belong there. One other point which is not
addressed) in this petition, but in reviewing the legislation, I wondered why
the logic in what's being done, and I'm sure you, have a reason, that hasn't
expressed in the newspapers, is why Bed and Breakfast is being eliminated
from the Industrial Zoning Districts, the light Industrial of other
industrial uses, where wineries on the other hand are permitted use. Unless
I'm misreading it, ;I apologize 'if I've misread the -legislation from the copy
have. It didn't, make sense, and -I'm.hoping that' that is not the case.
SUPERVISOR WICKHAM: Thank you,- Mrs. Moore. I wonder if it might be
appropriate for me to try to summarize, and I'm not sure I can,do justice to
the full discussion this morning, but we did discuss B&Bs at this
morning's Work Session, and 1-think it was the clear consensus of the Board
that we should move. to impose some restrictions such that even minor
B&Bs would not be permitted as of right just anywhere. The consensus,
that merged from this morning's discussion, and the point that I'm making is
that the Ilegislation ' is not .yet .final, and that's why it's not . on tonight
for any . action; and .there's still, some iterations that we're going' to go
through. I We are still listening to the views of people like yourself. The
direction Ithat we're- currently taking is to permit minor B&Bs, those with
two rooms . or less, .to go forward only if neighbors had no objection. If a
neighbor 1has any objection on any grounds, that will trigger a system by
which the' application goes to the Zoning Board of Appeals, and the Zoning
Board of Appeals will . rule. � This is our current thinking. We haven't yet
framed the- language, and then the Zoning Board of Appeals will rule after a
public hearing type of, review, at which neighbors, and local people, in that _
community will have the opportunity to make their known, and 'the Zoning
Board - wi'II take ' into account the community character, and community
sentiment
PAT MOO�RE: -'. With all. due respect to the Board, as an Attorney, I know
that certainly representing someone who ultimately might want. a Bed and
Breakfast. It seems that you're pitting neighbors against neighbors, and I
know. that - I personally had opposed a Bed and Breakfast that was. across the
street from my home, and the neighborhood feeling, certainly, the
relationship. between myself, and my neighbors, is just starting to warm up
now after; many years of hay.Lng opposed that, and not being along in the
opposition, certainly, essentially everybody who' signed had been opposed
originally to these Bed and Breakfast uses. Also, the Zoning Law provides
for a Special Exception use, which the standards are clear, as an Attorney
would know., what those standards are, and how I could convince the Zoning
Board of what would be permissible, and what wouldn't. It seems to me that
a permit Iclause a challengeable . process would be a difficult task for both
the neighbors, that have to be suddenly awake, and realize that their
neighbor !is .applying for a Bed and Breakfast, because many cases they may
be. away,j and I think in some cases here just by chance they found out
about this, about an application that.. had been pending with the ZBA. So,
personally I'm willing to listen, and consider that, but as a . lawyer, I would
think that you want to keep-to the type of legal permit -processes,-- that-are------~--
tried and) true, and have been legislated in Town Law, as well as in your
own Zoning 'Code, rather than try to create something that might be a
difficult Ilegislative mission, as well as one to enforce, as well as to
defend.
SUPERVISOR WICKHAM: Thank you. We aren't going to have a whole lot
of time. If there are a couple of more brief comments on the B&B, we would
take them, perhaps two more.
BILL GARDNER: Give me three or four minutes if you will. Mr. Wickham,
Town : Board, members, 'and attendees, my name is Bill Gardner;- and I'm
here to object to adoption of so called Bed and Breakfast regulations, that
are beingi speculated. upon by your Board. I notice on the agenda, they're
not Bed :and " Breakfast, they're bend and breakfast, which I think was a
Freudian Islip.- We have been on Nassau Point for thirty-five years, and I'm
speaking jas a long time admirer of this wonderful area. I understand the
Nassau Point Property Owners Association has sent you a copy of a
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AUGUST 9, 1994
resolution) they have adopted as follows, resolved that the Nassau Point
Property . Owners Association disapproves of the use of. property , on Nassau
Point .for, commercial purposes, and in particular the Association opposes any
relaxation, of laws ,-and regulation in the Town of Southold regarding Bed and
Breakfastl establishment. My home faces west of Robins. Island, every time I
look-over) I thank Mr. Bacon for buying out. What I particularly, and this
involves -Bed ,and Breakfast, what I particular like is that it's been done in
the old fashion. He earned the money, and then. put it where his mouth and
heart was, ,.Robins Island. Others over the years have fought for any sort
of government "takeover, and resulting taxes for all of us. In other words,
they rwanted` us to put up the money, while they did the talking. Nassau
Point is 'a clearly defined area, the Causeway Beach to surrounding Peconic
Bay. There are nor'.fuzzy boundaries for this completely zoned residential
collection -of private.-homes. It contains about 350 homes built beginning in
the" 1920', when the community started. . Over the years about 250 to 300 of "
these owners , has °been members of the' Nassau Point Property Owners
Association., Unfortunately, while almost all of the owners are involved in -
maintaining the old standards on the Point, there, - as in other areas, is a
few bad ;apples. In' the early years, there was hotel and boarding house.
The hotel burnt, down, and the boarding house 'was finally sold, is now a
lovely private home. There was also a large waterfront .area, known as the
Craby 'property, now known as Meadow Beach, which was zoned for
twenty-nine dots. How many. here remember how this- was handled? The
residents objected to. this area being developed, but they didn't cry for
government'help. . They did .it in the old fashion,way. They bought bonds,
purchased the'.property, and contributed it to the Nature Conservancy, and .
today it stands as 'a wild and beautiful beach on 'Nassau Point. But after so
many wonderful years', as a fine residential community, the government is
thinking about allowing commercial ventures in this and other fine areas in
Southold:' It is .'mind, boggling to think that any responsible group would
Jeopardize' a ,wonderful asset of the community to, satisfy some tourists. Why
should residents anxious to make a buck be allowed to commercialize their
neighbors, property with the yields of the tourist trade, private driveways,
rubber 1afts, another. ,paraphernalia, noise, occupation of Nassau Point
Beach nd ":private'• -rights away. The Town would be better off,
understand, I '.heard somebody say, the Town would be better off- to give
them a free cauliflower, and a roll of quarters as of Atlantic City, and
send' them on 'the.`.way to the Town merchants. But, with the proximately of
other areas areas .Like Nantucket, Chatham on Cape Cod, and of all places like
Washington; D.C., -do, why not Southold. I've been in all three places, but
Nantucket, a one time favorite of mine, sticks in my mind. I first went
there :in Ithe early '.40s, and on and off until 1960. We stayed with an old
friend, a native. .Nantucket; but on Saturday night on the Main and
surrounding.,..streets. 1t was difficult to move, jammed with all types, loud,
rude,etc.l,, etc. We'. left the,,�next day, and our, friends sadly gave up the
.island for the mainland a few years, 'as loud rooming houses next to them,
drove them from their homes, but the proponents' say, ' but they will be
controlled,, and checked by the Town. You said, today there will more
checks. You, Mr. Wickham, yourself, said that this is correct. The Nassau
Point Property Owners Association meeting on July 30th, that the Town
did not .have the.. staff or facilities to check current building and zoning
violations. This was after we called your attention to at least two
apparent .violations'' of Town Codes on the Point. '' The time to nip this
proposal is now. To do otherwise would set up a beautiful residential areas • _ `
to gradual : deterioration. I hope that arbiraries wake up to this threat,
and the' 1136ard see's the light. We are against any form of B&Bs, and at
the same) face, the Board--has--to-take- some action. They- should--be- limited--
to the main-.roads in. the heart of the town by setting up a -special type of`
commercial . zone, that. can only be used for B&Bs, and no other commercial
ventures) I hope the Town Board recognizes the .concerns of the residential
community. Thank you.
SUPERVISOR WICKHAM: Thank you. We have two statutorily, scheduled
pubic, 'hearings, . one for 5:00 -o'clock, dealing with burning, and another at
5:05 'dealing .with' parking restrictions, and we are required to conduct these
public hearing more. ''or less at the time scheduled, so I would like to break
off the jdiscussion ,of B&B,:even though I know there's lots of additional
people who have different points of view, and you'd like to express them,
and I'd ;like to move to the public hearing, and I'd like to at this time
call for a recess in our meeting in order to enter a public hearing.
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AUGUST 9, 1994 9
Moved by- Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED -that. a recess • be called at this time, 5:10 P.M, for the purpose
holding al public hearing.
Vote of I the . Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
RECONVENED AT 5:50 P.M.
SUPERVISOR WICKHAM:� We!II resume .the regular portion of. our meeting this
evening. I.., We broke off when we. entered the public hearing discussing, the
pros. and cons, mostly. the cons of the direction the Board is taking
regarding B&Bs. That. item is available to be discussed. There will be
ample 'il?ge at the., end of the meeting, which is the time when we normally
ask for -D,ublic opinion that's brought, to the attention of the Board. I know
that there's a number of people, and you'll have that opportunity at the end
of the public meeting to resume a . discussion on the Bed and, Breakfast
provisions. I think had a pretty fair discussion of that early. I think
you have' a sense' of where the Board is coming, from. I think we have a
sense of. a
lot of your concerns. There are a number of people here this
afternoon who, . 1. think,. are concerned about the group home that has been
proposed for a -subdivision off of Route 48 in Cutchogue, and in order. to
allow those people, an opportunity to address their concerns, which we would
normally also put at the end of the meeting, 1 think it might be
advantangeous, and appropriate to carry on that part of the discussion now,
and I wonder if there's a representative of that group who is here today,
Mr. Goggins, and. I'd like to .give him a few moments to express his concerns
to', the Board, so we :can understand where you're coming from.
BILL GOGCINS: Thank you, Supervisor Wickham. My name_ is Bill
Goggins.. � I'm an., attorney located here on the Main Road in Southold. I -
have been retained by .the property owners of Oregon View Estates, which is
a proposed home, site .for the .ADD group home. I've also been retained by
members of the .Indian Neck. Property Owners. down there, also. It is our
belief, and correct me if I'm wrong, that the Indian Neck home proposed site
has been i rejected for satuaration purposes. Is that true?
SUPERVISOR WICKHAM: Why don't you finish your comments, and then
we'll try Ito respond.
BILL GOGGINS.: ADD came into our town I believe some time in November,
and .theyf choose a site for a group home. That was on Greton Court in
Mattituckl which .is a. caul-de-sac, and it's a small community down there.
There is a , lot objection by the residents of. that street, and there was a
public hearing, and based upon the issue of lack of sidewalks, no street
lighting, 1 and the fact that the site was not close to shopping, it was
apparently the. opinion of this Board, and the committee that was selected,
to seek alternative sites, ' that would better suit a group home.
Subsequently, three new sites were choosen, one on Main Road in Mattituck,
one on the Main '.Road in Laurel, and one on Pacific Street. I'm not sure
why the one on .'the Main Road were rejected, but I know the one on Pacific
Street was rejected due to satuaration. Recently two more sites,
alternative sites, .were choosen, one on Indian Neck Lane, and one on
Horseshoe Drive. People on Indian Neck were not given notice of the site
selection,) and they' happened upon it by a errant phone call, which
somebody made, � and ended -up on a phone message machine of a neighbor,
and that was how those--neighbors- found -out,-- that a group home--was going--- ;.
to be: pui down on Indian Neck Lane. The homeowners down on Horseshoe
Drive learned by the newspaper. The newspaper said the site was selected,
and that ;there was no opposition. The residents had no idea that there was
any site proposed in their neighborhood. We all know what the issue is,
that they can do , what they . want unless there's saturation, or the
municipality picks a more appropriate site. The Indian Neck location has
major saturation, in my opinion. There's a group home on Skunk Lane that
8/10th of a mile' from the proposed site. There's another home 2.8 miles
on Oaklarn_Avenue in Southold, and there's another site in the direction in
Cutchogue; which is 2.8 miles from the proposed site on Indian Neck Lane.
That's as saturated as it can get, I think. In addition, as far as
saturation is concerned for the Horseshoe Drive residence, there is a group
home less than one and a half miles from that proposed site. We don't know
the saturation is. I'm currently researching the issue. I'm not sure if
anyone really knows what the .saturation is, but some of the people involved
here, and there are many residents here from both neighborhoods, and they
did a really research. to determine the amount of residents in each of the
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AUGUST 9,,;! 1.,994
i
towns in Suffolk County, and a cross reference then with the amount of
group homes, and just to site a few, I hope we'll get a public hearing on
this, but to site a few in Southold Town we've got approximately 20,000
people we have a proposed acre of homes in our town, and that would give a
ratio of one _ group home to 2,500 residents. If you look at the Town of
Southampton, they've got close to 46,000 residents with only five group
homes, which gives one group home for every approximately 9,000 residents.
Going further in Brookhaven, we've got 414,000 residents, 41 group
homes, w ich results in one group home per 10,000 people. It appears that
the Town of.: Southold is saturated within it's self in comparison .to the rest
of the county, and I think we have a huge problem with that, not only from
a tax standpoint, but, also, from a neighborhood standpoint. I mean,
nobody .rgally opposes disabled people from moving into their neighborhood.
What they oppose is the fact that a site is being selected that is not a
proper site. In addition, these two sites that have recent site, alternative
sites, have been selected are less attractive than the original site on
Greton Court. Greton Court is not saturated 'with anything. I think
the closest home to 'them is about four miles. All of these neighborhoods
have no street lights. They don't have sidewalks.. They're, not close to
shopping,1 and the .Greton Court site not to be selected, as opposed to .the
Horseshoe Drive site, and Indian Neck Lane site, it shows that less
attractive' alternatives are being choosen, as opposed to the original site
of .Greton Court. There .are a lot of issues we can bring up. There are
the children in the- neighborhood, and so forth. What we ask for is a public
hearing with respect to this issue, and also the opportunity for these
residents! to find alternate sites. It's been my experience as an attorney,
that probably 10o , of- our town is up for sale. There are homes all over the
place, and for some reason ADD wants a home in a subdivision. Why, we're
not sure l but. they seem to be gearing their efforts toward that end, and
this doesn't fare well for the residents, of our town. I'm going to close on
that ,poi because l know you're busy. I know you're allowing us to speak
early. I'm not sure if :any other residents want to speak.
SUPERVISOR ' WICKHAM: Excuse me. Let me just be clear. What you're
asking for is a public hearing on the issue of where in the Town of Southold
a group home should be located? Is that your proposition?
BILL GOGGINS: One of them. That's one proposition. Okay? The
second proposition is maybe our Town is not suitable for another group
home. Okay? The. third one is that the Horseshoe Drive subdivision is not a
proper site, and also the Indian Neck Lane is definitely not. They're all
saturated; and we, probably have about forty people here, that are opposing
this site; and they're very upset, not just that fact that a site has been
selected An their neighborhood, but they never got any official notice.
There was no legal notice in Ahe newspaper. Especially the Horseshoe Drive
people, they're extremely upset. They read the paper, and say nobody
checked lit, when there was never ever any notes, so it's a problem that
apparently ADD is imposing on the whole town, and, .also, the Board.
SUPERVISOR WICKHAM: Thank you, Mr. Goggins. May I ask for a show
of han6II .of how many people here are concerned, and frankly opposed to
the location of the Horseshoe Drive site? Okay. I think it would be
appropriate. for me to comment briefly on how this has all transpired, and
come about, and I don't pretend to have the final word on that, and there
maybe others on the Board, or elsewhere who could add to my comments,
but Pd- like. to, at least bring you up to date as to how this has all
developed.. As Mr. -Goggins--pointed---out- -the---ADD -first-came and -proposed-------=-=---
a location in Greton Court. The Board after listening to the views of the
ADD, and, also, the residents around there, moved to constitute a Site
Selection Committee.. .That committee functioned over a period of about three
or four [ months, or even longer in fact, and investigated a number of
different) homes. First, the choice of locations was primarily the Mattituck
area. Subsequently that was expanded to include all of the Town of
Southold. Several. homes were proposed. The criteria for selection was
based largely on two questions. One is location, the other was architectural
qualities I to the house, whether they were suitable, and appropriate for a
group home. All during this process one of the representatives from the
ADD contributed, participated in one fashion or another on this committee.
The committee comprised a number of local people: There is a representative
from thei churches, a member of the Mattituck Cutchogue Clergy Association,
and ther;.e were a number of there people on that committee. The Chair of
the committee is Lauren Grant, who's sitting in the back there, and is the
assistant to the Supervisor' in myoffice here. The committee worked after a
number of choices concluded that the two homes on either Indian Neck, or
AUGUST 9, 1994
number of choices concluded that the two homes on either Indian Neck, or-
on Horseshoe Drive would probably best suit the needs of the. ADD, and
would probably not be in a location that was defined as saturated. You may
know, that the group organization, known as ADD in this case, has the
right under State Law to impose it's location on the town, and -the town
really can not object, except as Mr. Goggins, except if we feel that it's
a saturated .conclition. There's already too many homes there. The selection
in Horseslhoe Drive,. and in Indian Neck, were regarding by this committee,
and .the Committee reported. to "the Board as basically homes that would be
suitable architecturally, and would appear to the 'committee, and appeared to
the Board to be not in a location that would have saturation and (tape
change) ; Now, the Town Board instructed ADD when they were going
through this process, the one caveat, that we instructed them is that if
they do make a choice, it is the responsibility of ADD to consult with the
neighborsl in that community first. The message that came back to our
office was very loud and clear from ADD, that have 'consulted with the
people. around ADD. Not only that we have constructed,, the messages came
back to, lour office, we have consulted, and the message we got from a
number oI people in that area was positive. I understand, and you'll have
an opportunity. I'm just trying to give you the flavor of how the Town has
conducted it's share of this dialogue. The message that we got was that
there was consultation, and the record came back that it was generally
positive. There was an article in the newspapers, and almost immediately we
have begun. hearing a number of concerns that have culminated. I don't
doubt that (tape malfunction)
LAUREN ;GRANT.. A one .or two story single family dwelling. The area can
not already include an excessive number of community family residences for
mentally I disabled,. .or similar residences facilities licensed by other State
agencies. In investigating that "has to be four or five, it can not be less
than that,: The site must contain four bedroom to house a total of four
people. Ingle bedrooms must be a minimum of eighty square feet exclusive
of closet: Each bedroom must have. a closet, and one window for emergency
exit: The bedroom must insure privacy. In addition the residence must
include .a living room, dining room, kitchen, two baths, garage, and an
adequate lamount of property. . Heating system, oil,hot water, and electric
service must pass safety Inspection. Sites selected by committee must be
agreed upon by agency, and undergo a State mandated architecturally
feasibility, study, which will determine if the residence meets environmental
requireme,nts.. Certification feasibility study will be ordered by agency.
The selling price , of the residence must fall within the fair. market
appraisal j ordered by agency. The price of the residence and the cost of
any ,needed rehabilitation recommended by the feasibility study can not
exceed $220,000.00. That was it.
SUPERVISOR WICKHAM: Thank, you, Lauren. Okay,the Board is open to
comments; from people here, who would like to make them. We haven't even
begun the business part of our meeting tonight, and it's already after six
o'clock. Mr. Goggins has, .I .think, in many respects spoken on behalf of
the group, but if there additional points that he didn't make, or are very
quick comment that the people would like to Board to be aware of, we will
make out selves available for a short while for this topic.
BILL GOGGINS: Mr. Wickham, before you go on, I just want to state that
there are on the record at least forty people here . in opposition. to this,
and also lrheir concern is that.we do get a public hearing "with respect. .
SUPERVISOR WICKHAM: . Laury, what is the law on public hearings for
this type j of thing?
TOWN ATTORNEY DOWD:— There is no authorization, no requirements for
having a !'public hearing for this type of a thing. In- fact, this process is
beyond the Town Board. "We can't take any action.
SUPERVISOR 'WICKHAM: First of all, I would like a show of hands, so we
could just count all of those who have come today to oppose the position on
Horseshoe Drive. I think forty-four. It's a number of people who have
expressed concern " here". We will see that, that number get put into the
record . ofl tonight's meeting. As to a public hearing, the question of Mr.
Goggins was can we-` schedule a public hearing on this topic? I guess the
Town cou'ld schedule a public hearing on any topic it wishes. Let me, consult
with the Town Clerk, who really knows more.
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1 AUGUST 9, 1994
TOWN CLERK TERRY:' The Town Attorney just said, it would be an
informational meeting.
TOWN ATTORNEY DOWD: An informational meeting, but, frankly, actually
affecting (this 'selection, I think it's past the point of being able to do so
via a public hearing. ,
SUPE, OR .WICKHAM: The question that's been proposed to the Board, is
it a- done'deal? It is 'my ,understanding, and it's just an understanding that
the ADD Chas gone to� contract on the house on Horseshoe Drive. Can you,
please, keep quiet, so we can conduct this meeting? The question was
asked, isl it .a 'done, deal. I'm trying to respond `honestly for the benefit of
everybody's information here. It is not technically the Town's obligation
to do that information. We asked that ADD do it, and in fact, ADD is the
organization .:that has the authority to place that home anywhere they won't.
It . is not _the. Town's. . .Please, let me finish: It is not the Town
responsibility nor .do we ,.have the authority to decide where these things
go It is not ,the Town :that does the purchase. It is the Town that asked
them repeatedly; and in writing to, please; consult meaningfully with the
community in which you plan to. place this before- you place it. We did ask
them to do. that, and they gave us to understand ,they have done so. No, if
you feel !that they have not done so, I think it's better than holding a
public hearing, which- I don't really think can accomplish very much. I think
we ought! to go after ADD for failure to follow the instruction that the
Board has given them. Okay, I've given you the benefit of my views. We've
heard from . Mr.. Goggins. I would be happy to bring the ADD here, and
have them meet with you, and I would be glad to try to bring you together.
.would tie happy, to do that as Supervisor. I'm not sure that as a Board,
we need to take any formal action, but I'd be happy to do that, and put
them-in t e;`same_,,room with .you. If we call. that a hearing, that's fine. Are
there any, other comments that you'd Like to bring to the Board on this,
that's new information, .or that points us in a new direction.
MURIEL ANDREWS:: My name is Muriel Andrews. I live on Indian Neck
Lane in Pecohic, and rumor has it that. effective 1995 Governor Cuomo will
be closing :down a couple of psychiatric centers on Long Island, and he
wants to put to these ,people in group homes. Now, the Town took a lot of
time and leffort in . conducting the Stewardship Task Force,_ but one thing
feel they !neglected :to look into is a group home saturation, and I think we
better really open our eyes, and take a look and see what's coming on, and
coming down the pike, because it seems to me we're saturated. I do not
know the law, but when, as Mr. Goggins puts it, Brookhaven has
414,000 people in their town, and only 40 -group homes, and we've only got
less than -20,000 people in the Town of Southold, and yet the number of
homes that ,.we .'have, I think~ .we all need to take a good hard look, and
protect our interests.
SUPERVISOR WICKHAM: I would be grateful for Mr. Goggins, or anybody
else, to do some research to help us understand .what constitutes saturation.
That..is an issue, -that' has be unclear from the beginning. We need more
clarity :on that. Is there . anyone else who would like to give a very brief
comment, preferable some new information on this issue?
GEORGE lSWANN.: George Swann from Silver Colt Road. I have just one
question. 1 -1 understand your Board situation. OkayI Now, you understand
our. situation. As, a taxpayer of Southold, - I'm asking you people, what is
our legal ! right to go. after, and/or stop the proceedings that- have already
started only because they've done underhandedly, and a, pardon my
French, a shyster deal on us?
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SUPERVISOR .WICKHAM: I- would have to refer that to Mr. Goggins,
because Ij really think he knows more about the legal opportunities than we
do.
JACK BL!AIS: Jack Blais, again. I understand you've been in contact
with the ADD official, and because of the problems we had here, you set up
a committee, a Site Selection Committee. Just to things, can we know who's
on the. committee? Two, can you, seeing as you have a rapport with . the
ADD, find out from them, who they spoke to concerning the notification
ahead of time . on :Indian Neck .Lane, and also, on Horseshoe Drive? We at
- Indian ''Neck Lane just got- notification, as I said; by chance, by a chance
phone. cah,- and we understood that there were lies given. in the application
in the., beginning; that there were no children. As you know, there were ;
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AUGUST 9, 1994
13
twelve children in the 'immediate area there. So, if you could find that out
for us, we'd really appreciate it.
SUPERVISOR WICKHAM: I think we actually have some of that information
right now.. We would be happy to share with you information about the
committees. and about the' people who work on it. The person who can help
with that' is Lauren Grant in the back. Yes?
i
BERNADINE BOUSER: Supervisor Wickham, my name is Bernadine
Bouser, ;and I just get 'the feeling that you're asking us as taxpayers to
come up !with more information, but you as the Supervisor put together a
committee, who supposedly investigated this matter. They failed to do their
job. Saturation is saturation. Ms. Grant was the one who said four. We are
talking- that this would be fifth group home within a three mile radius, so
I'm asking .you, as Supervisor in. charge of this Site Selection Committee, to
get the committee back together again, and get a real rounded group of
individuals, also on the committee, to continue this process, because there
will 'be more group homes.- coming this way, and we don't want them. That's
the bottom line.
SUPERVISOR WICKHAM: I'd like to respond briefly. I don't think that
that's the role of the committee. The committee was a Site Selection
Committee. If there is a position to be taken, that we're up to saturation,
and can ;not accept it, I believe that that's a issue for the Town Board to
deal with!, and not the committee, and our Town Attorney agrees with that,
which means rather than the committee it's an issue for the whole Board to
deal withl.
BERNADINE BOUSER: Is the Board going, number one, look at this, and
defining jthe committee's role and responsibility Ms. Grant did state a few
minutes earlier, that one of. the criteria that the committee was supposed to
look at was saturation, and she did say four or five. ' They failed to do
that in the case of Horseshoe Drive and Indian Neck Lane.
COUNCILWOMAN HUSSIE: I've just been asked if I would do something. I
want to !point though before I reply that I understand you agitation, but
your. agitation is not really with this Board. It .is with the State Law, that
allows this. . Wait a minute. That allows this to happen. Another problems
is that it takes the properties off of the tax rolls. Do I want to be on
the Saturation Committee? I don't think I do.
SUPERVISOR WICKHAM: That's not the question. The question that
would like to just canvas the Board for just a moment. The question that
came- up was, the issue of saturation. That is one way in which the Town
can object. Would you as Board member be willing to discuss, as a Board, in
discussion with 'Goggins or somebody else Whether or not we have reached
saturation, and can formally object on that basis?
COUNCILWOMAN HUSSIE: In comparison to both towns. Okay?
SUPERVISOR WICKHAM: Would we be willing to take it up as an issue next
meeting about whether we reached saturation?
TOWN ATTORNEY DOWD: We'll get the definition'of saturation.
SUPERVISOR WICKHAM: Okay, the question that was put to the Board by
Bernadine, . whether or not the Town would be prepared to address the
question !of saturation, and: whether we can reject the application of ADD on
the grounds of saturation. The Board will take that up. We will put it on
for discussion at the next meeting of the Board, and I would be grateful for
any help; from your legal counsel, if he would like to cooperate with the
Board .in helping do some research, and background, as to what constitutes
saturation, and what doesn't, because that is about the only argument that
I'm aware by which the Town could object to that location at this stage.
BILL GOGGINS: I don't go with that. I think the Town Attorney and I
can work in conjunction with each other, because I'm getting . paid by the
resource ! of, all these people, and the taxpayers are paying for the Town
Attorney! We'd like to work together, and also, the major concern is from
what I'm hearing, is that the committee that was choosen didn't do their
job, and ;maybe it's because the people that were on the committee. They're
saying . that Greton Court was a subdivision. Okay? And the people
objected !to it'. If . they want to find an aternative site that was better
suited, but what they did they just found another site that was like
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14 AUGUST !9, 1994
Greton Court. So, the issue here is that the first site, Greton Court,
was selected. Now, keep that site until you find a better alternative. The
better alternative has not be found. So, it's not only an issue for the
whole town, but on a smaller level within these two communities, it's an
issue against Greton Court. If something is going to come in, it should
come in at. Greton Court, not in these two small communities. I agree that
also the !issue of saturation throughout the whole town, but that the issue
that these people are really concerned about are our own communities, and
my analysis of it is that the Greton Court area is still the better
selection.!.
SUPERVISOR WICKHAM: I appreciate your vIiew. I would say that the
committee! within the terms of reference eve gave it, did it's job
appropriately, but the issue of saturation is one that we have not addressed
fully, and I think we should address it.
BILL GOCCINS: I think :I might have mispoke. They did their job, as
they saw! it. Okay? And:.'/there were two residents of Greton Court on the
committees. Okay? Of course, we had Lauren Crant, who is an employee of
the Town! of Southold, and a real estate broker, and some other people, and
that was fine, but like I said with Greton Court it was kind steward in a
certain way, that it deleted Greton Court to find a better alternative,
and all the really did was find the same alternative, the sane type of
situation, and in a more saturated area. That's the problem. It's not that
they didn't do their job. It's that they did according to their capabilities.
SUPERVISOR WICKHAM: The Board will address the question of saturation
at it's next meeting. Any other brief comments with new information on this
topic.
PETE VICTORIA: I think the question that yo, 're asking about saturation,
my question someone from the ADD flat out lied to you. This man came up .
with false reports. You should just throw him right out of there. Pete
Victoria.
I
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SUPERVISOR WICKHAM: We will invite the gentleman down here, and we
will press him with that comment.
-JOE SMALLEY.: Joe Smalley, Cutchogue. Do you think we can invite
Senator LaValle here at that same meeting?
SUPERVISOR WICKHAM: We can try.
JOE PETERSON: Joe Peterson, again. If as you say, the Site Selection
Committee had conditions for the selection of the site with ADD, right?
SUPERVISOR WICKHAM: Conditions?
JOE PETERSON: Well, one of the conditions was. that. they notify' the
surrounding neighbors, and they didn't do that, so how can the committee
make a selection, approve a site if the conditions weren't met?
SUPERVISOR WICKHAM: The committee made a recommendation to the
Board. The Board in turn communicated that to the ADD, and said this is
the suggestion, or recommendation of the Board, but it is contingent upon
your contacting the people first.
JOE PETERSON: That was the condition, and t ey didn't do it. The whole
thing should be nul and void.
RUSSELL . ZELLNER: My name is Russell Zellner. I live on Horseshoe
Drive right next door to this house. A number of years ago, I think it was
about four,' four and a half, maybe even five years ago, we had a problem
that we -addressed the Board as the Oregon View Estates. They wanted to
put a development behind us, and we objected because of the traffic.
There's a lot of little kids there. There's a lot of new homes in that
development. We have the potential for, maybe, two more homes to be built
there. At the time the developer was here. He saw the opposition to this,
and with the increased traffic, so he pulled out. He cited that it wasn't
good times. Now, you want to put a home in here, that's going to increase
the traffic. Some ' of the neighbors I understand have been asked to
volunteer 1 I -put that in quotes, their services to drive these people to and
from the 'stores. They got to be kidding. Alright? Another thing is the Site .
Committee', this lady over here,. 1- don't know who she is, never met her,
j AUGUST 9, 1994 15
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now I find she's with' real` .estate, I call that. . .Let me go to the problem
with the I children. When '"you come out of that street, whether it's Silver.
Colt or. Horseshoe Drive, you have to get over to the 'left hand side if you
want to go 'east,. very fast. If these people are going to let them walk down
to the stores, you.are going to be attending funerals.
SUPERVISOR WICKHAM: On behalf of my office, there are two things that
we, will do in the near future, within the next two weeks. One is, we will
prepare for a 'discussion .-on the issue of saturation. - . The other thing we'll
do, we .will ask, and I'm sure we will get, the Director of the Add down
here to meet with a representative number of you to acquaint him with your
views.- T ose are the two things that we"can do immediately. Are there other
issues that you would like. to bring to the attention of the Board beyond.
those two things?
RUSSELL ZELLNER: I notice anytime a committee is being appointed by
the Town Board, Judy usually publicizes it in the local newspapers, and
asks for !lpeople who would like to volunteer, and so forth. How come this
was not published in the newspapers for this committee?
SUPERVISOR WICKHAM: 1 don't recall the exact way in which this
committee Iwas set up, but. .
RUSSELL ZELLNER: It wasn't published anywhere.
SUPERVISOR WICKHAM:. This is not a Town Board advisory committee in
the sense of one of. the statutorily constituted committees. This was
basically'a committee. .We were in no obligation to do this. The ADD normally
come right. into town, and simply select, and it was our suggestion to find a
committee l to help find an. optimum location, so we didn't follow all of the-
steps that we would normally follow in a statutory committee of Town
government.
RUSSELL..` ZELLNER: I understand that, but normally under normal
circumstances it is, published in the newspapers, and you ask for volunteers
to contact- you, and it was not done. I would appreciate in the future",
possibly, Ithat maybe this should be done.
SUPERVISOR WICKHAM: � That is a good idea, and it is good procedure for
selecting j committees. . Judy just reminded me, that we are also under
considerable time pressure. There was a time deadline, that if the Town did
not come up with a alternate recommendations within just a very short period
of time, a couple of . weeks, the time would have passed, and the normal
procedure for going out .to the newspapers, and all of that would have taken
too long. I
RUSSELL 'ZELLNER: I know but it has caused you a lot of problem.
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SUPERVISOR WICKHAM: Yes?
MARY DINIZIO: I just have . a real quick question. Mary Dinizio from
Silver Colt Road. What do we do when the Director, supposedly, Mr.
Rieb of. ADD, refuses to talk to us, because he is known to not get back
to anybody, or attend any meetings when there's big ones going on. Can
i we call him n here? Do we have a right to pull him in here? .
SUPERVISOR 'WICKHAM: I think I would be very surprised if he 'refused.
MARY DINIZIO: I would be surprised if he came.
SUPERVISOR WICKHAM: And if he did refuse, it seems to me it would be a
very strong plus for your point of view. Another position here? Yes?
BILL LADEMANN: My name is Bill Lademann. I live two houses away
from ".the'!house on Horseshoe Drive. The house we're talking ' about has
been .on. Iihe real estate market for three years. Nobody's bought it. it . '.
started out three years ago .on $230,000.00. His price dropped to about
$160,000.00 last year. He still could not sell it. Two reasons I've heard.
Several years back he excavated the backyard, put in an -illegal second
family' home" in the basement, .and I don't think he has the property C.O.
for that. mother thing"the backyard floods, because it is excavated. Every
time it rains the backyard floods, all that water runs into the basement,
and-, I, ISO,' heard that there were termites in the house. ' That's , two ;
reasons why people have not bought. this. house in three years. Now, the .
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16 AUGUST 9, 19,94
I
State comes. around, and offers $220,000.00 for a house they couldn't sell for
$160,000.00. Is there something wrong there? Do they have the proper. C.O.
for .that,house?
SUPERVISOR WICKHAM: I'm not not aware of that.
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BILL LADEMANN: Did the Committee check it?
SUPERVISOR WICKHAM: . I don't know that the Committee did check into
that, but! .we can check into it. still., and we can address this issue with him
when he comes. Are there another couple of very brief question, so that
we can-get 'on? Yes, sir?
HENRY. BOGARDUS: Mr. Wickham, my name is Henry Bogardus. I live-
in Oregon; View Estates, and I'm curious as to the Town's position now. We
have been obviously somebody who is the representative of a non-profit
organization, who, is running a business in our town, a State funded
business. I'm curious because of his lack of participation to follow what
our requests are. How willing we're going' to be as a Town to keep doing =
business 'with him, and if there's anything that you could . file, like a
grievance, that could be filed to the State to you, you know, as far as.. I
don't know, citing him for not following with Ilthe compliance of the Town,
not working with the Town, or is he just like the DEC, where they're God,
and they Ican do whatever heck they want to do�
SUPERVISOR WICKHAM: Anyone else like to address the Board on this
topic?
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RITA FICURNIAK: Good evening. My name -is Rita Figurniak, and I'm a
resident of 230 Horseshoe Drive. I'm here only .with over fifty residents
here . in opposition to the placement of this group home. There's many
points I want to bring. over. One is to clarifyJ that Audrey Bialeski and I
went away, and we did a group study on our own. Okay? We were informed
all the resident of Horseshoe Drive were informed by The Suffolk Times, a
local paper,, on Thursday. , It was the July 2i8th issue. Okay? We went
around to the homeowner, and one side directly on the north side, the..,..
Zellners. ; They were never . contacted by Mr. Rieb. The article in the
paper.,. whether he was misquoted or not, stated that the homeowners were
notified. ]A call ..from his . office, when other residents called, said that he was in •contact to two neighbors, from what I l nderstand Kenny and Kathy
Sherman. He - went on Wednesday, July 27th, the day before this article
came out; and caused this uproar. He, also, went across the street one
house down on the . .south- side to a family, Larry and Ann Ekert, who also.
have' a handicapped child, and he made this proposal of him and his group
joining thle neighborhood. Those were the only residents that were notified.
She was lnot home `at that time. One thing, that I'm concerned about, I'
have many issues. I was in :contact with three or four realtors, and -1 tried
to get- .arn affidavit stating this, the . value of our home is going to
deteriorate five to twenty percent. Okay? I can not get a written affidavit
stating this, because it's cited .as discrimination. Okay? It's a consensus
on this discussion, .I can not name names, and I can give where I got this
information. Our home right now. is appraised, and we are assessed through
this town;: and. pay taxes at $185,000.00. On the, low scale, if we have take
50 •reduction, you're. talking $9,780.00. On the up side 200, $30,000.00 off
the value of our home when we go to sell our home. Would you as a Town .
Board, would you want a reduction like that? I don't think so. We work too
hard. We pay high taxes. We're here. We weren't even given a chance to..._
come here, and express our opinion. That's all we ask for. We ask to come
here, let 'us give our opinion, let us inform you as to what we have studied,
we have found . out, and - give us a fair chance like all the other residents
were. Thank you for your time.
SUPERVISOR WICKHAM:. - And the Board also supports that. We, also,
wanted you to have that opportunity, and that's why we instructed the ADD
to, ' please, consult meaningfully with the- community before you make a
selection. i So, we, I at least, and I sure thel Board agrees with me, we
strongly agree. with, and understand your position on this. Is there anyone
new, , who . as not 'addressed the Board, who would like to have a quick
comment?
I -
RUSSELL ZELLNER: Russell Zellner. I spoke before. You're going to
invite..this , person down from ADD. He's going listen to us complain, and
everything like this. ' There is really nothing the -Board can do, because this
is a:Staten matter. - Am 1 right?
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AUGUST 9, 1994
SUPERVISOR WICKHAM: ' ]Ahink largely you are right.
RUSSELL _ZELLNER:; So, no matter , what this- person does, and listens to,
he can turn around and say, it's going. Am I right?
SUPERVISOR WICKHAM: I'm not sure, but I wouldn't be surprised if you
are right. 'There -may be something yet to be found. Mr. Goggins
suggests that 'we really ought to look into this question of saturation.
There may be some opportunities. I'm not going to speculate.
BARBABA 'GORDON: Barbara Gordon. Eight Silver Colt Road. Are there
any homel,s in 'East Marion, or Orient, or Greenport? Are there any homes,
now there?
SUPERVISOR WICKHAM: Lauren, do you know?
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LAUREN GRANT: We have one in Southold, one in Greenport, and two in
Cutchogue, none in Orient, none in East Marion.
SUPERVISOR WICKHAM: One last question from the gentleman in front.
JOE PETERSON.: Just as you had said with the bed and breakfast, if any
of the neighbors object, there should be no bed and breakfast. It should
apply hers as well. If any of the neighbors object there should be no home.
SUPERVISORWIC s the comment about fifteen
WICKHAM: Alice Hu sie made h
minutes ago. What really needs to changed is the State Law, and the State
Law at present, the way the law reads., it basically gives the agency carte
blanche to come in, and do whatever it wants, and the Board, you're
looking at a Board, and you're assuming the Board has influence, and has
power to. jregulate these things. That's the position that Mrs. Hussie made,
and the Town has already taken on the State on other matters. Maybe this
is one that we will address,' and if you bring it to us, we'll .work with it. :
We've heard a lot of discussion about that. Is this perhaps , the last comment
on the grl up home in Horseshoe Drive?
KATHY SHERMAN: My name is Kathy Sherman. I live next door. The
gentleman did come to my house. He did tell me the house was bought, done "
deal. He didn't tell me it was in progress or anything else. It was
bought: � Now, you're telling me this Board has no .say-so at all.' Correct?
Then howl come the first site was thrown out?
COUNCILI OMAN HUSSIE: The Board is given the _ opportunity -to know
about this. . They say ' we're going to put something at 24 Main Street, or
whatever it is. The Board has X number of days to say, gee, we don't
really think that's a good place. Why don't you put it someplace else? But,
we-could keep doing that over and over. . .
KATHY SHERMAN: In other words, that was okay for you to do it in the
other places, but not to say, no, to us?
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COUNCILWOMAN HUSSIE: It's an ongoing thing. I think we have two
weeks, do, we -not? Two weeks for each one.
KATHY SHERMAN: I don't understand.
COUNCILWOMAN HUSSIE: If they propose house A, we have two weeks, I ..
think that's the time limit, to say, no, we don't think that's good. Then
they givei us house B. I don't know how many times we can "say, no, we '
don't like i that location either.
KATHY SHERMAN: Okay, what are we A, B, or C? I'm not trying to be
confusing: -I'm trying to understand.
COUNCILWOMAN HUSSIE: You're about the fourth house, I think.
KATHY SHERMAN: We're about the fourth house. So, in other words, it
was okay for house A to be excluded, B, C, and now because we're D we're
a done` deal:
COUNCILWOMAN HUSSIE: The Board never sanctioned any of these. The
Board offered these as possibilities, and that's all.
]. V AUGUST 9, 1994
KATHY SHERMAN:' But you're not telling me what A was rejected. From
what I understand there are ten houses on that street, and there's less
children on that street, than in our development. There's ,thirty-seven
children of school age 'in our development, so I don't see how ours could be
a better I selection than A. If we're playing multipal choice, we have no
street ligjhts, we have no sidewalks. The walk to town is one and a half
miles across a dual highway. The gentleman told me that under no
circumsta' ce would these people be on my property, because I have an
in=ground pool, and I was concerned that would The dangerous for them, and
what precautions could I take. Now, if one of those people happens to .
wander over, climb over the fence that the town insists that I have, and
drowns on my property, I'm told that my insurance will kill me.
COUNCILWOMAN HUSSIE: I can not argue with you, because I agree with
you. This Board, as a Board, has not made a decision to say, yes, this is a
good place. It was a letter received from the ADD, that said, this is what
we're going to do. If you, have no objection we re going ahead .and do it.
That's all.
I
KATHY SHERMAN: But you never notified us.
SUPERVISOR WICKHAM: May I try to respond to this?
KATHY S�ERMAN: Pleas, cause I'm confused.
SUPERVISOR WICKHAM: I'm not surprised your confused, and in part it's a
reflection: on the way the law is written. When the initial inquiry was made
by ADD for Greton Court we constituted a committee. The committee looked
at a number of homes, and came up with several different recommendations.
It was . not the Town that. nixed the Greton Court location. We proposed
several alternative locations, and ADD agreed. Let me finish, please. That
some of these location were probably better Than the Greton Court on
architectural grounds. Lauren, do you recall the criteria, or the grounds
on which lithe committee recommended other places over Greton Court?
i 1
LAUREN GRANT: All the recommendations that were made were based on
the criteria I read earlier. The houses were turned down for various
architectural reasons.
i
SUPERVISOR WICKHAM: The question is can we at this point, go back and
give a quick summary as to what the Greton Court didn't have, that we
thought would make a better location elsewhere?
LAUREN GRANT: Just on the grounds that the committee felt that the
house was not,appropriate.
SUPERVISOR WICKHAM: That's right. There were architectural
consideration, configurations
I
KATHY S�IERMAN: No, she just said that they didn't want it. Two people
on that committee were from that development.
SUPERVISOR WICKHAM: Is that what you said, Lauren?
LAUREN GRANT: I said, that I was Chairperson to that committee,
including ! two people from Creton Court there were eight other people on.
the committee.
KATHY SHERMAN: If you had two people from Horseshoe Lane, we you
have passed it on that committee? I don't think so.
SUPERVISOR WICKHAM: Excuse me, can we please bring this meeting back
to order.1 Lauren, I ,think the question really is very simple. Where there
objective architectural reasons why the committee looked at homes other than
Greton Court? (tape change.)
SUPERVISOR WICKHAM: However 1 want to get the guy in here, and hear
his side of the story. I would like to bring you in here, and I'd like to
have your participation in that meeting, and I'll participate in it, too.
Now, Mr. ' Goggins can you be the point of contact as we go forward?
BOB GOGGINS: I can be .the point of contact. One question, that went
unanswered, that you said you would provide the names of the committee.
Would you do that?
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- AUGUST 9, 1994
1 9�=
SUPERVISOR 'WICKHAM: ,` It'_,s public information. We will be in
touch with. Mr. Goggins, as your representative. We look forward to a
very excjting opportunity to talk to Mr. Rieb, and we will also explore
with our (Town Attorney, and with him, the issue of saturation. We will
schedule it. We will .alert the Board to it, and those Board members who.
want will ; show up. I think we've had a very full discussion on this topic.
One of our Town Board members has leave very soon, and I would like very
much like to proceed with the Board meeting as quickly as possible. We . "-
need her vote .on a `number of things, so we must conduct our meeting,right
now. I'd like to .call this -to an'-end, and begin the resolutions. ".
V. RESOLUTIONS.
1 .- Moved by Councilman Lizewski, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following budget- modification to the General Fund - Whole Town 1994
Budget to-, appropriate Park- & Recreation funds for a flagpole at Southold
Town Board:
To: ,
Revenues:
A2025 Special Recreation Facilities $ 1,423.75
Apprgpr.iations:
A7110II.2 "Parks', Equipment $ 1,423.75
.1 .- Vote 'of- the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
2.7 Moved by;.6ouncilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the: Town of Southold hereby appoints
William 'S.1 Zebroski as a. Custodial Worker 1, to work at the Southold Town
Recreation Center,. , Peconic,, effective August 15, 1994, at a salary of
$24,040.63 per annum.
2•- Vote of ' lithe Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
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3•-Moved by t Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board 'of the Town of Southold hereby commences
the Lead. :Agency Coordination process with regard to the State
Environmental Quality Review Act in the matter of the petition of Frank
CichanowN z . III for a .change of zone from Residential-Office ("R-O)
District to -General Business ("B") District on certain property located on
the- southerly side of NYS "Route 25, Cutchogue, New York.
3.—Vote of the Town. Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie,._Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
4.- Moved by !Justice Evans, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of -Cramer, Voorhis .& Associates, at a cost not to exceed $500.00,
to review the Long - Environmental Assessment Form with respect to the
petition of ., Frank Cichanowicz III for a change of zone from
Residential-Office ("R-O") District to General Business ("B") District; said
review to include applicant's Part I, prepare . a Part If and- III, draft a
proposed declaration,, including a field inspection; the cost of said review
to be paid -by the applicant prior to the commencement of the review.
4•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly .ADOPTED.
5•- Moved by _Councilwoman Oliva, seconded by Supervisor Wickham,
WHEREAS,. a petition has been received from Frank Cichanowicz III for a
change of " zone on certain property located on the southerly side of NYS
Route 25,1 Cutchogue,. from Residential-Office ("R-O") District to General
Business ("B") District; now, therefore, be it. .
RESOLVED that the Town Clerk be and she hereby is directed to transmit
this petition to the Southold Town Planning Board 'and Suffolk County
Department of .Planning, all in accordance with the Southold Town Code and
the Suffolk County Charter.
5.- Vote of ,the . Town Board: Ayes: Justice Evans, Councilwoman-' Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
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AUGUST: 1994
20.
6.-Moved by ,.Councilwoman' Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town- Board -of the Town of Southold hereby accepts,
with . 'regret . the resignation of Irene Oliver, EISEP Aide and SNAP
Wee ke rid,.Driver,..effective July 29, 1994.
6.-Vote' of j .the Town; Board: Ayes: Justice Evans, Councilwoman Oliva, ., ;
Councilwoman Hussie; Councilman Lizewski, Supervisor Wickham.
This resolution was 'duly `ADOPTED.
7.-Moved by=.Councilman Lizewski, seconded by Councilwoman Oliva, it was
RESOLVED that the Towne Board of the Town of Southold hereby appoints .
Dwayne Farley as 'an EISEP (Expanded In-Home Services for the Elderly
Program) Aide, effective immediate) 12-1/2 hours per week, at a salary of
g Y�
$5'.50` per," hour.
7.-Vote of. I the= Town " Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie; .Councilman Lizewski, Sup rvisor Wickham.
This resolution was duly. ADOPTED.
I
8.-Moved by Justice :Evans,, seconded by Councilwoman Hussie, it was
RESOLVED .that the*" Town Board of the Town of Southold hereby authorizes
a $15.00 refund. to::the East End Horsemen's Association, to reimburse them
for the, cost of a Yard Sale Permit, inasmuch the Yard Sale was cancelled.
8.-Vote of the Town. Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie,. Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
9•-Moved byj Supervisor Wickham, seconded by Jusl ice Evans, it was
RESOLVED . that the Town..Board of the Town of Southold hereby accepts,
with' regret, : the 'resignation .& Mary Louise Santacroce, Secretary of the
Town Attorney, effective August 12, 1994.
9•-Vote of I the `Town Board. Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie,, Councilman Lizewski, 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 o� Southold hereby accepts the
bid of Akzo Nobel Salt Inc.. for supplying Ithe Southold Town Highway
Department with .500 .tons " (more or less as may, be needed) of Bulk Salt for
Snow and Ice Control for. the Southold Town Highway Department, at a price
of $39.98; per ton, all in accordance with the bid specifications.
10.-Vote of ! the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was.duly ADOPTED.
11 •-Moved. by Councilman Lizewski, seconded by Supervisor Wickham;
WHEREAS, there has., been presented to the Town Board of the Town of
Southold a proposed Local Law entitled, 'A Local Law in Relation to
AquavieW Avenue"; now, therefore, be it
RESOLVED•.that the Town Board hereby sets 8:07 P.M., Tuesday, August
23, 19944 Southold Town Hall., Main Road, Southold, New York, as time and
place for a- . public ' hearing on this proposed Local Law, which reads as ,
follows:
i A Local Law in Relation to Aquaview Avenue
BE IT: ENACTED;. by the Town .Board of the Town of Southold as follows:
I. Chapter 65, (Parking at Beaches) of the. Code of the Town .of Southold
'is hereby amended as follows:
1 . Section 65-2-A. (Designation of parking areas requiring permits.)
is hereby amended by adding the following:
22 Aguaview, Avenue, East Marion, both sides, from the
intersection of Rocky Point Road jeasterly for a distance
of three hundred (300) feet.
11 . This iLocal Law shall take effect upon its filing with the Secretary of
State;
* Underline'indicates addition.
11 .-Vote " of the -Town Board: . Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, . Sup rvisor Wickham.
This resolution was duly ADOPTED.
12•-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED :that the -Town Board of the Town of Southold hereby appoints
Chris -Deppoliti (1st year), Dave Smith (1st year), and Erin Ouane1 11
(1st year) as ;Lifeguards for the remainder of the- summer season, effective
immediately,- at a salary of $7.42 .per hour.
12.-Vote of ! the-"Town.. :Board: . Ayes: Justice 'Evans, Councilwoman Oliva,
Councilwoman. Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
AUGUST 9, 1994 1
i
13.- ed.. ICouncilwoman'Oliva seconded b Councilwoman Hussie, it was
Mov by � Y
RESOLVED that the Town 'Board of the Town of Southold hereby authorizes
the following , budget 'modification to the General Fund - Whole. Town 1994
Budget.. to appropriate Park S Recreation funds for lumber for the
.skateboard rink:
To: j
A2025 i- Special Recreation Facilities $ 79.04
Appropriations:
A7110.12 Parks,' Equipment $ 79.04
13.-'Jote of the Town Board: :'Ayes: Justice • Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
14.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following 1994 Budget modification to the General Fund - Whole Town to
appropriate donated funds for the Tree Committee:
To:
Revenle•.
A2705 I .Gifts E Donations $ 363.10
Appropriations:
A8560.14 Tree Committee, Contractual Expenses $ 363.10
14.-Vote of the .Town Board:. Ayes: . Justice Evans, Councilwoman Oliva,.
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
15.-Moved by 'Councilman Lizewski, seconded by Councilwoman Oliva, it was
RESOLVED, that the Town Board of the Town of Southold hereby authorizes
the following budget modification to the General Fund - Whole Town 1994
Budget to appropriate Kaplan Grant funds for Stewardship Task Force
expenses: j
Revenues:
A2705 ' Gifts E Donations $ 1,750.00
From:
A1010.14 Town Board, Contractual Expenses $ 1,750.00
15.-Vote of _. the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
16.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED' that the Town Board of the Town Board of the Town of Southold
hereby ' accepts the proposal of Rehn E Fore,Certified Public Accountants,
to audit the Statement of Expenses as prepared by the Village of Greenport
for the Southold Wastewater Disposal District for the year ended December
31, 1993, 'as set forth in their proposal dated July 20, 1004, at a fee. not
to exceed $2,500.00.
16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was'duly ADOPTED.
17.-Moved by ;Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED; that. the Town Board of the Town of Southold hereby requests
the New York State Department of Transportation to conduct a traffic survey
on Stars Road, East Marion, for the purpose of reducing the 40 miles per
hour speed limit, all in accordance with the recommendation of
Superintendent of Highways Jacobs.
17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie,.. Councilman Lizewski, Supervisor Wickham.
This resolution was duly. ADOPTED.
18:7Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute Change Order No. 1
between the Town and R.C.S. Duct Cleaning, Inc., whereby the bid of
R.C.S. Air Duct Cleaning, Inc. is reduced from $2,300.00 to $1,8001.00 for
duct and coil cleaning at the Human Resource Center; and be it
FURTHER .1 RESOLVED that Supervisor Wickham be and he hereby is
authorized ! to enter into a contract between the Town and R.C.S. Air Duct
Cleaning, Inc., subject to the approval of the Town Attorney, to accomplish
the duct and coil cleaning at the Human Resource Center.
18.-Vote of the - Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
i
21 AUGUST 9, 1994
19.- Moved. by Councilwoman Oliva, seconded by Justice Evans, it .was
RESOLVED:that the Town Board of the Town of Southold hereby accepts the
bid of. Kolb . Mechanic Corp:, 11500 Sound Avenue, Mattituck; N.Y., for.
the installation of .new heating, air conditioning' and ventilation equipment
at the Human Resource Center, subject to acceptable references, at a bid
price of $16,95000, all in accordance with the bid specifications; and be it
FURTHER] RESOLVED that Supervisor Thomas Wickham be and he hereby is
authorized and directed to enter into a contract between the Town of
Southold Viand' Kolb Mechanical Corp., subject to the approval of the Town
Attorney, . to accomplish the aforesaid alterations at the Human Resource
Center. I
19.- Vote -of ithe Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duty ADOPTED.
Recscinded August 23, 1994 b-� Resolution #21
20.- Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED '.that the Town. Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to enter into a contract between the
Town of Southold and the- following contractors, subject to the approval of
the Town Attorney, and receipt of the grant application by the New York
State Enei`rgy Office, to accomplish the following work under the Energy
Conservation Program (bid opened July 6, 1994 and accepted by the Town
Board on July 12, 1994);
Brompton Service Corporation, 11 Sheer Plaza, Plainview, N.Y.
Town !Hall: Acoustical Tile Restoration - $3,900.00
Electrical Lighting $44,000.00
Kolb Mechanical Corp., Sound Avenue, Mattituck, N.Y.
Police] Headquarters: Ductwork Modifications - $1,400.00
20.- Vote of ;the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
i
21 .- Moved byl Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the implementation of a program for the distribution of Town Garbage Bags
to merchants who resell them, whereby orders will be placed by telephone
with the ;Town Clerk's. Office one day, and the next day a Disposal Area
vehicle '.will :be available at the Town Hall so the merchant can pay the Town
Clerk's Office for the bags, receive their receipt, and immediately obtain
their bags.from the' Disposal Area vehicle stationed at Town Hall.
21 .- Vote of !the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
i
22.- Moved by Councilwoman Hussie; seconded by Justice Evans, it was
RESOLVED that the Town Board' of the Town of Southold hereby grants
permission to Public Safety Dispatcher III John Raynor, also Deputy
Emergency Preparedness Coordinator for Southold Town, and . Alan
Thibodeau, Deputy Emergency Preparedness Coordinator for Fishers
Island, to attend The New York State Disaster Preparedness Conference,
sponsored! by The New York State Disaster Preparedness Commission at The
Desmond !Hotel, Albany, N.Y., on September 20, 21, 22, 1994, and the
actual ex enses for meals, lodging, registration, and transportation, using
a Town vehicle, shall be a legal charge to A3640.4 Emergency Preparedness,
Contractual Expenses..
22.- Vote of !the Town . Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
I
23.- Moved by; Councilman Lizewski, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby establishes
the followiing budget for 1994 for the Consolidated Local Street and Highway
Improvement Program (CHIPS) :
Revenues:
DB1 .3501 Consolidated Highway Aid $ 188,.447.00
DB1 .599' Appropriated Fund .Balance 21,260.00
Appropriations
DB1 .5112.2 CHIPS, Capital Outlay $ 209,707.00 .
23.- Vote of !the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman- Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
I. AUGUST 9, 1994 2l1
.
i
13.- Moved by (Councilwoman'Oliva, seconded by Councilwoman Hussie, it was
RESOLVED, that the Town 'Board of the Town, of Southold hereby authorizes
the following budget 'modification to the General Fund - Whole, Town 1994
Budget to appropriate Park E Recreation funds for lumber for the
skateboard rink:
To: j
A2025 Special Recreation Facilities $ 79.04
Appropriations:
A7110.�2 Parks, Equipment $ 79.04
13.-Vote of the Town , Board: : Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
14.-Moved by (Councilwoman Hussie, seconded by Councilman Lizewski, it was
RESOLVED, that the Town Board of the Town of Southold hereby authorizes
the following 1994 Budget modification to the General Fund - Whole Town to
appropriate donated funds for the Tree Committee:
'To:
Revenues
A2705 I Gifts & Donations $ 363.10
Appropriations:
A8560.14 Tree Committee, Contractual Expenses $ 363.10
14.-Vote of the Town Board:. Ayes: , Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
15.-Moved by-Councilman Lizewski, seconded by Councilwoman Oliva, it was
RESOLVED, that the Town Board of the Town of Southold hereby authorizes
the following budget modification to the General Fund - Whole Town 1994
Budget to appropriate Kaplan Grant funds for Stewardship Task Force
expenses:
Revenues:
A2705 1 Gifts E Donations $ 1,750.00
From:
A1010.4 Town Board, Contractual Expenses $ 1,750.00
15•-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
16.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva; it wasp
RESOLVED, that the Town Board of the Town Board of the Town of Southold
hereby accepts the proposal of Rehn 8 Fore,Certified Public Accountants,
to audit the Statement of Expenses as prepared by the Village of Greenport
for the Southold Wastewater Disposal District for the year ended December
31, 1993, Ids set forth in their proposal dated July 20, 1004, at a fee. not
to exceed � 2,500.00.
16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
17.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED; that. the Town Board of the Town of Southold hereby requests
the New York State Department of Transportation to conduct a traffic survey
on Stars Road, East Marion, for the purpose of reducing the 40 miles per
hour speed limit, all in accordance with the recommendation of
Superintendent of Highways Jacobs.
17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie,, Councilman Lizewski, Supervisor Wickham.
This resolution was duly. ADOPTED.
18:-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute Change Order . No. 1
between the Town and R.C.S. Duct Cleaning, Inc., whereby the ;bid of
R.C.S. Air . Duct Cleaning; Inc. is reduced from $2,300.00 to $1,800.00 for
duct and coil cleaning at the Human Resource Center; and be it
FURTHER 1 RESOLVED that Supervisor Wickham be and he hereby is
authorized i to enter into a contract between the Town and R.C.S. Air Duct
Cleaning, Mnc., subject to the approval of the Town Attorney, to accomplish
the duct aid coil cleaning at the Human Resource Center.
18.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman ' Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
I
I AUGUST 9, 1994 2 3 , -
i
24.- Moved b�, Supervisor Wickham,, seconded by Justice Evans, it was
RESOLVED that: the Town Board of the Town of Southold hereby authorizes
the follovlring 1994 Budget modification to the Fishers Island Ferry District
to appropriate federal and state grant for the airport project:
Revenues•
SM3097 Capital Grant - NYS Dept. of Transportation $ 18,190.00
SM4097 Capital Grant-- Federal Government 590,243.00
Appropriations:
SM5610.4 Elizabeth Airport, Contractual Expenses $ 608,433.00
24•- Vote of I the Town Board:- Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
25•- Moved byl .Justice Evans, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following 1994 Budget modification to the General Fund - Whole Town to
cover overdrawn appropriations:
To: .
A3610.1 Examining Boards, Personal Services $ 500.00
From•
A3610.4 -Examining Boards, Contractual Expenses $ 500.00
,15.-Vote of Ithe Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
26.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva,
WHEREAS, there has ,been presented to the Town Board of the Town of
Southold a proposed Local law entitled, "A ' Local Law in Relation to Junior
License for Commercial Shellfishing"; now, therefore, be it
RESOLVE that the Town Board hereby sets 8':05 P.M., Tuesday, ,August
23, 1994, Southold Town Hall, Main Road, Southold, New York, as time and
place for; a public hearing on this proposed Local Law, which reads as
follows: j
A Local. Law in Relation to Junior License for Commercial Shellfishing
BE IT ENIACTED, by the Town Board of the Town of Southold as follows:
1 . Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby
amended to read as follows:
1 . Section 77-202A.1 is. hereby added to read as follows:
'A.1 ! Ages 12 and 13 can apply for a Junior Shellfish License
which will allow them to catch half the commercial limit and
will be at half the cost of a commercial license. . .The parents
o_ guardian must sign for the holder of the junior license
making the parent or guardian responsible for any violation
lincurred.
Il. This Local Law shall take°'effect upon its filing with the Secretary of
Statel
* Underscore represents additions.
26.- Vote of Ithe Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. .
This resolution was duly ADOPTED.
27.- Moved by; Supervisor Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
an expenditure of an amount not to exceed $1,320.00 from A3640.4,
Emergency Preparedness, Contractual Expenses, to pay one-third of the cost
(one-third to be paid by the Mattituck Fire District, and one=third 'by the
MattituckTCutchogue School District) of providing emergency power capability
to the emergency evacuation shelter in the Mattituck High School.
27.- Vote of I the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
i
28•- Moved by.' Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints
the following individuals to Southold Town Agricultural Committee for a two
(2) year lt6rm, effective August 11, 1994 through August 11, 1996, they to
serve on said committee without compensation.
i
24 AUGUST 9, 1994
i -
Robert Van Bourgondien, Chairman
James Cross
Leander B. Glover, Jr.
Fried Lee
Ralph Pugliese
Martin Sidor
28.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman .Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
29.- Moved by lJustice Evans, seconded by Councilwoman Hussie, it was
. .RESOLVED that the Town Board of the Town of Southold hereby authorizes
an expenditure of up to $1,000.00 to engage the services of a contractor to -
remedy a) dangerous situation created by a crumbling bunker on South
Beach, Fishers Island.
29.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman . Townsend, ;.Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
30.- Moved .by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Eric .Mealy as an Intern in the Planning Board Office, effective immediately
through the end of the summer season, at a salary of $6.50 per hour.
30.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was duly ADOPTED.
31 •- Moved byCouncilwoman Hussie, seconded by Councilwoman Oliva,
WHEREAS; there was presented to the Town Board of the Town of Southold,
on ..the 20th day of July, 1994, a proposed Local Law entitled, "A Local
Law in Relation to Burning"; and
WHEREAS I, a public hearing was held on this Local Law on .the 9th day of .
August, 11994, 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. 16 -1994,
which reads as follows:
LOCAL LAW NO. 16 - 1994
A Local Law in Relation to Burning
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 36 (Burning, Outdoor) is hereby amended to read as follows:
T. Section 36=2. (Rubbish fires) is hereby deleted in its entirety.
No- person sha+l- set fire- to or btrrrr,- or cause-to have- set fh--- to or
btu aired•; .a nay-wastepaper`; r a{rbis+r or other hi amm a b+e matter or
m�ter*a.6-;=outdoors-withh-r the Hmits of the Town of Sot 4-raid;-within
t*entT-f+ve f 25) feet- of any- bttitc 4v-. Such- matter may be-fit-ed- and-
bttrnec# irr safe and- pr+v a to paces at Feast- twerrty—f+v e f 2 5 3 f eetr fr onr
a i y- btti lding; on+y when it- i- burned or set fire- to hT a meta+ can-
,-masonry imrmhieratot"-or a receptacle made- of wire and- compieteFf
covered-; with a top so constructed-as to keep- pieces of materta•Is from
-
bfcw+ng-awarr A-1 E such-fires must- be-exting a+shed-by- 9 r 00 p.m:, a nd-
in aH-cases dtte- regard- sha+I- be-g+aen-to prevent- the creation of a
srwkv—_ or odor-nuisance:-
2. Section 36-3, 36-4, 36-5 and 36-6 are hereby renumbered 36-2,
36-3, 36-4, 36-5 consecutively.
II. This ocal Law shall take effect upon its filing with the Secretary of
State
* Overstrike represents deletions.
I
SUPERVISOR ` WICKHAM: Before we' vote on this, I wonder if the Board
would like to hold off on this until next week? Is there any urgency that
we do it ;tonight. How does the rest of the Board feel? There seems to be a
willingness to go ahead, with it. I'm prepared to vote for it.
31 .- Vote of ithe Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Supervisor Wickham. Abstain: Councilman Lizewski.
.This resolution was duly ADOPTED.
32.- Moved -by' Justice Evans`, seconded by Councilwoman Oliva,
WHEREAS!, there was presented to the Town Board of the Town of Southold,
on the 26th day of July, 1994, a Local law entitled, "A Local 'Law in
Relation to Whistler Avenue"; and
AUGUST 9, 1994
i
WHEREAS; a public hearing , was held on this Local Law at which time all
interested) persons were given an opportunity to be heard; now, therefore,
be it
RESOLVED that the Town Board hereby enact Local Law No. 17 - 1994,
which reads as follows:
LOCAL LAW NO. 17 - 1994
A Local Law in Relation to Whistler Avenue
BE IT ENACTED, by the Town Board of the Town of Southold as follows:'
I . ChaptI r 92 (Vehicles and Traffic) of the Code, of the Town of Southold
is hereby amended by addin thereto the following:
1 . Article IV, Section 92-41 (Parking prohibited at all times) is
hereby amended by adding thereto the following:
Name `of Street Side Location
Whistler Avenue South At Fishers Island, from the
southeasterly corner of the
intersection of Whistler Avenue
and Airport Road easterly for
distance of 1795 feet. II . This
Local Law i shall take. effect upon its filing with the Secretary of
State.
Underline indicates additions.
32.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoan Hussie, Councilman Lizewski, Supervisor Wickham.
This resol mution was duly ADOPTED.
Rescinded !August 23, .1994 by Resolution #1
33.- Moved by JSupervisor Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Krista B�indenhofer 'as an Intern in the Town Attorney's Office..
effective immediately through the end of the summer, at a salary of $6.50
' per hour.I
.33.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This- resolution was duly ADOPTED.
SUPERVISOR WICKHAM: That completes our business for tonight. I
appreciate your being with us, Alice, as long as you could. The floor is
open for discussion, that may not already occurred. People who'd like to
address the Board on any subject, we'd be pleased to hear you. Yes, sir?
Mr. Flynn.
I
F.M. FLYNN: My name is F. M. Flynn. I'm resident- of Southold. I feel
as if there's something with respect to my personality, that leads me always
to play to an empty house,. but I would like to make some remarks, which I,
at least, consider potent, and which would be considered by the Code
Committee; or any other agency of the Town; with respect to B&B. As you
may recall . I expressed my vigorous opposition to the proposed B&B
legislation in some detail at a previous Town Board hearing. I do not
intend to repeat my remarks, . although they are on the public record for
anyone interested. My objections were based, primarily, on my opinion that
such . legislation would probably violate the letter of the State's Enabling
Act for- Ti own Zoning and would certainly violate its spirit. I, also, voiced
my opinion that the Code Committee, in it's deliberations, had given short
shrift to the effect of the proposed legislation. It is my opinion that all
members of the of the Town Board concede that B&Bs are business or
commercial . enterprises. I have endeavored to . acquaint myself with the
powers of the Town Board. I do not believe that prestidigitation is among
them. Yet, with .the wave of a figurative wand, it, is proposed to
effectively eliminate the requirements of residential zoning in the Town of
Southold. ' The reasons advanced by some members for their advocacy of the
proposed !change are, in my opinion, specious. To attempt to justify the .
proposed j zoning by comparison to legislation to Cape Cod or one of its
offshore islands constitutes a bit of a stretch. Those of us familiar with
commercialization of the area would hardly advocate . it as a model for
Southold's. future. As for Washington, D.C., I do not consider the
hodge poidge of zoning which. exists there worthy of comparison, let _
alone emu`ation. Would it not have proven more persuasive to have cited the
zoning in similar townships such as Easthampton, Shelter Island and
Southampton. As to historical precedents, I need hardly point out that we
are in the last decade of the twentieth century, and subject to the 'laws of
the State jof New York. At is my understanding that zoning in Southold was
adopted, if somewhat belatedly, some forty years ago. Was it not the
proliferation of incompatible uses that prompted the need for zoning
districts? I pose a question requiring some introspection by the Town Board.
Who among you would welcome a B&B next door, let along on both sides,
26 AUGUST 9, 11994
across the street, and behind your personal residence? Yet, this is what is
proposed 'as a matter of right. I advocate, and, you certainly realize I'm a
vigorous ;opponent to this B&B legislation, I advocate that if you consider
anything,. you consider variance, where the surrounding owners at least
have a chance to introduce evidence beyond the scope of a" special
exception, and which would attempt to prove ]that, it is violative of the
environment, property values, etc. All these things are not considered by
the ZBA .in a Special Exception. Now, . I. aml, afraid proponents of this
proposed legislation display total ignorance of -the economic principles
governing the valuation of real property. These principles hold that the .
value of residential property is best preserved .by a conformity of use. The
Enabling JAct recognizes this principle- by admonishing officials to preserve
the value] of buildings. It is also basic to an; ;understanding of cause and
effect . to comprehend that residential values ' are destroyed by the
infiltration of inharmonious , uses. Yet the Board would, if the proposed
legislations is adopted, surrender its prerogatives and permit individual
owners, as a matter of right, to introduce admittedly business uses into
districts �th'at were previously entirely residential in nature and with out
consideration of the propriety. and appropriateness of such uses at such
locations. 1 By the way, has any consideration, been given to the State
Building Code's requirement that commercial structures be of fire retardant
construction? We can see the fees are commercial structures, and I doubt
that any ! of these B&Bs are fire retardant construction. Additionally, it
is possibly unknown to most present that current zoning regulations permit
the parking of commercial trucks, twenty feet in , length, in residential
driveways;. Ask anyone involved in the residential real estate market as to
the effect " of this incomprehensible permissive less on residential values.
Not only i this, but in - its intensive and protracted deliberation the Code
Committee for whatever reasons, has totally overlooked the fact that each
of these .vehicles could display signage totaling'i ,some 300 square feet and
advertising the most .odious of businesses in residential areas. In view of
the above, is there any question as to why I object in the most strenuous
terms to any further disintegration of zoning standards? I believe that the
bulk of Southold's tax base consists of residential properties. As I have
previously stated; the Board is faced, in this instance with zero sum
proposition. It cannot, in good conscience, ladd to the value of some
property !without depreciating the value of residential properties. Add to
this that! the proposed zoning would probabl .1 create an influx of new
residents anxious to exploit the permissiveness of the Code and its
attendant tax advantages. The argument advanced ,to support this assault
on residential zoning is based- on a purported need to provide additional
rooms for; an expanded" tourist industry. I question whether the Board has
thought this matter through. Basically what is proposed here is a
short-term economic solution to a perceived problem without, in my opinion,
giving due and adequate consideration to th'el, long-term effects of the
proposed j legislation. The fundamental question is whether a quantum
increase In tourism will redound to the benefit of the town and it's
residents 1 Proponents of such legislation, 'including the Task Force,
believe ii will help alleviate local employment problems and encourage the
young toi remain as residents of the town. Realistically, who, other than
business operators, will benefit from the expansion of tourism and the
inevitablei incursion of the cheap and the tawdryi' One need only observe the
effects ofl tourism on the Village of Port Jefferson. ' Were increased tourism
a viable answer to the Town's economic problems j'iit might be argued that the
downside of the tourist trade might be acceptable to some as a trade-off.
However, it would hardly prove likely to enhal' 'ce the town's appeal and
attraction] as a rural community, . and it's undehiable lure to retirees and
second home owners. Essentially, 'the question 'is' whether .the expansion of
tourism represents a panacea for the town's employment and by extension,
housing problems? Or, should other solutions,: more compatible with the
town's overall ambience, be explored? Tourism is, essentially, a seasonal
business.! It's service nature dictates that most 'employment is at minimal
wages. do not believe that such employment, j,on a seasonal basis and at
minimum wages, would serve as an incentive for 'the ambitious and educated
young to; remain as residents of the town. On the contrary, the types of
jobs created are apt to attract an influx of; nonresidents with minimal
skills. One does not have to be the proverbial rocket scientist to
anticipate that low-paid, seasonal employment wtI11 create off-season demands
for unemployment compensation, welfare and,' ! as an offshoot, further
demands for affordable and low-rent housing.'!, Affordable housing is a
misnomer.' It is properly classified as subsidized housing. Who is to
provide the subsidy? None other than the already overburdened retirees,
second home owners, and others who, I believe,.- ,already provide the bulk of
the town's tax revenues. Many retirees, in par„iicular, already contemplate
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leaving Southold- because of - its rapid increasing taxes; particularly
P Y 9 P Y
school taxes. Any program of affordable, read subsidized, and low rent
housing construction; as a concomitant of undue emphasis on tourism, would
result in lincreases in the school population, and the corresponding increase
in school taxes that could well represent the tipping point for many town
residents. On the occasion of a meeting with the Town Board concerning
the conclusions • of the . Task Force propose the expansion of affordable :-
housing projects as a means of compensating for the admittedly low paying
seasonal . jobs . that the.' tourist industry creates. Are the already
overburdened residential taxpayers now .expected. to subsidize, the business
interests ; in the community? I believe that the socioeconomic agenda
revealed by this attitude is at odds with the thinking of the vast majority
. of town residents. In closing closing, I am not known for my diffidence. - I
believe that the members of this Board supporting:, the;_ proposed, legislation,
knowingly or unknowingly, display perfidiousness toward:' residential
property owners. - These residents have invested not inconsiderable sums -'
based upon their appreciation of the town's character, its ambience, and
confidence in the integrity of the town's zoning. The proposed .legis,lation,
and its antecedents, represent• a betrayal of this trust. There are those
who say that few will take advantage of such a provision in the Code. Such
a provision is not evidence of the long _ range planning incumbent on Town
officials. ' If it is in the Code, people will exploit it. I believe it is
Murphy's Law, which states that whatever can go wrong, will go wrong. It
may be politically incorrect, but it is my opinion, that there is a' silent.
majority in Southold, which demonstration in the last election, it's
discontent - with the previous administration's policy of intensive
development and commercialization. As I interpret the Task Force's Final
Report, I perceive its agenda to include the construction of affordable
housing; laccessory, apartments and two-family homes. I believe this is the
prescription for Queen's County East. This last paragraph is probably not
particulars pertinent because there's nobody here. On the other hand, 1 will
circulate tthis- to interested parties. For what my opinion 'may be worth, I
would u ge civic groups and involved residents -'to monitor the Code
Committee, particularly with respect to Task Force recommendations, and, if
necessary', be prepared to seek legal recourse. It is no less than the
future of Southold, which is at stake. Thank you.
SUPERVISOR WICKHAM: Thank you- for those thoughtful and comprehensive .
statement Mr. - Flynn. Is there anyone else in the audience, who would
like to address the Town. .Board on any topic of their interest tonight? (No
response.) , Is there. member of the Board, who would like to outline your
views on any subject? (No response.) If not, I think we're open to a
motion to adjourn.
Moved by! Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED :that the Town Board meeting be and hereby is adjourned at 7:15
P.M.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This. reso1ution was duly ADOPTED.
Judith T. Terry
Southold Town Clerk
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