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HomeMy WebLinkAboutTB-04/07/1992 f 379 SOUTHOLD TOWN BOARD APRIL 7, 1992 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry. 9:35 A.M. - Harvey Bagshaw, Mattituck, appeared before the Board to "make a statement and complaint of how much money and time it takes to get a permit before the various Boards"in the Town. Mr. Bagshaw related problems he said he encountered why trying to rent two of his commercial properties in Mattituck, blaming the Planning Board and Building Department. 10:05 A.M. - Rudolph Bruer, Esq. met with the Town Board to answer any questions they might have with respect to the proposed resolution (see no. 26) to grant a waiver of two paragraphs of the Covenants and Restrictions for the Southold Villas, Inc. property. 10:20 A.M. - For Discussion Items: (1) Proposed dedication of open space in the "Woods at Cutchogue" subdivision. Further research is required by the Town Attorney. (2) Letter from Lawrence Healthcare, administrators of the Town's health plan, asking whether the Board will offer coverage for transdermal nicotine patches or nicotine chewing .gum,._.as..they have received calls from the. Town's plan members concerning this question. The Board decided not to provide those benefits. The Supervisor asked Principal Account Clerk Cushman to speak to Tom Walsh of Lighthouse Counseling about aiding the Town in this area. (3) Authorized Town Clerk to readvertise for resumes for a temporary stenographer for the - Board of Assessment Review (see resolution no. 27), as there were no applicants through the first advertisement. 10:40 A.M. The following officers of the Suffolk County Water Authority met with Town Board to present their proposed pilot project for water main installations in the Laurel/Mattituck area: Michael LoGrande, Chairman, Edward Rosavitch, Chief Engineer,, Patrick Dugan, Chief Chemist, Herman Miller, Superintendent of Production. The area to be served would begin at the Riverhead Town boundary in Laurel, and run along Peconic Bay Boulevard to Bay Avenue, then north to the Main Road, and include the streets extending off of Peconic Bay Boulevard and Bay Avenue, a total of about 713 residences. The installation and connection costs were explained by Mr. LoGrande, who also submitted a proposed resolution of a general endorsement to initiate the pilot project in the Laurel/Mattituck area and preliminary planning for a second project in Cutchogue. The Town Board agreed that their Groundwater Resources Committee should meet and discuss the proposal prior to adopting the resolution. 11 :40 A.M. - For Discussion Items (continued) : (4) Establish a policy with respect to compensation of Town employees who are members of committees (see resolution no. 29) . (5) Findings Statement for Jem Commons (see resolution no. 30) . (6) The Town Board's direction with respect to the Master Plan Update and Stewardship Initiative. It was decided sufficient time should be set aside to discuss this subject, and the Board set 7:30 P.M. , Wednesday, April 8th for this purpose. (7) Proposal to waive certain provisions of the Covenants' and Restrictions for Southold Villas, Inc. was discussed with Rudolph Bruer, Esq. at 10:05 A.M. (see resolution no. 26) . v APRI L 7, 1992 12:30 P.M. - Recess for lunch. 2:10 P.M. - Work Session reconvened and the Board continued the For Discussion Items: (8) Request for permission to attend a Code Enforcement Educational Conference (see resolution no. 31) . Request from Chief Droskoski to send Bay Constable Andrew Epple to a Marine Law Enforcement Training seminar was denied. (10) Request from Chief Droskoski to send Detective Beth Wilson to a DARE training conference (see resolution no. 32) . (11) Appointment of individuals to the Southold Town Shellfish Committee (see resolution no. 33) . (12) ' Set April 13 & 14 to interview applicants for the Stewardship Task Force. (13) Set April 10th to interview applicants for the vacancy on the Landmark Preservation Commission. (14) Receipt of a proposal from Cameron Engineering, P.C. for a Marine Vessel Waste Pump-Out Facility Study. The proposal will be sent to the Trustees for comments, and they will be invited, along with the a representative of Cameron, to the next meeting. (15) Change in the manner of compensating the .SNAP Bookkeeper (see resolution no. 34) . (16) . Request from Kathleen McKeighan-Simpson, Producer of the TV Show known as "Southold Journal" to use the Town Seal as a background when the Town Board meeting dates are printed on the screen. Board agreed. (17) Adjust pay rate of Assistant Cook for the Nutrition Program (see resolution no. 35) . (18) Message from Jim Grathwohl, who is planning a trip to Southwold, England, in May, that he has obtained a special travel rate for Town Board members and spouses. He also asked the Town Board to contribute $250 toward a gift to be presented at the time of the visit. Whereas the Board has sent numerous gifts and memorabilia to Southwold, they did not feel the contribution appropriate. (19) Draft of proposed highway specifications for minor subdivisions. A copy. will be sent to the Planning Board for comments and to Superintendent of Highways Jacobs; and ask him to come to the next Town Board meeting to discuss the proposal. EXECUTIVE SESSION 3:00 P.M. - On motion of Councilwoman Hussie, seconded by Councilman Wickham, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman. Hussie. Also present: Assistant Town Attorney Kiernan, Town Clerk Terry.---The Board discussed litigation, .personnel and proposed contractual agreement. 4:00 P.M. - Work Session adjourned. _ 3 8-1 REGULAR MEETING A Regular Meeting of the Southold Town Board was held Tuesday, April 7, 1992, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 4:00 P.M. , with the Pledge of Allegiance of the Flag. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice.J. Hussie Town Clerk Judith T. Terry Assistant Town Attorney Matthew G. Kiernan SUPERVISOR HARRIS: I need a motion to audit the bills of April 7, 1992. Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $143,505.35; General Fund Part Town bills in the amount of $44,475.71 ; Nutrition Fund bills in the amount of $4,719.78; SNAP 'Program bills in the amount of $556.26; EISEP Program bills in the amount of $463.40; Highway Fund Whole Town bills in the amount of $28,796.86; Highway Fund Part Town bills in the amount of $36,035.06; Employee Health Benefit Plan bills in the amount of $38,625.66; Fishers Island Ferry District bills in the amount of- $31 ,856.97; Fishers Island Ferry District bills in the amount of $140.00; Fishers Island Ferry District Agency and Trust bills in the amount of $161 .61 . Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared.duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the minutes of March 24, 1992, Town Board meeting. Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the minutes of the Town Board meeting of March 24, 1992, be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny; Justice Edwards, . Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the next regularly scheduled Town Board meeting of April 21 , 1992, at 7:30 P.M.. Moved by Councilman Wickham, seconded by Councilman Hussie, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M. , Tuesday, April 21 , 1992, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. I. REPORTS. 1 . Southold Town Recreation Department Monthly Report for March, 1992. 2. Southold Town Building Department Monthly Report for March, 1992. 3. Southold Town Community Development Monthly Report for February, 1992. 4. Southold Town Community Development Monthly Report for March, 1992. 5. Southold Town Clerk's Monthly Report for March, 1992. 6. Scavenger Waste Treatment Facility Monthly Report for March, 1992. 7. Southold Town Justice Edwards' Monthly Report for March, 1992.. 8. Southold Town Justice Tedeschi's Monthly Report for March, 1992. 9. Southold Town Police Department Monthly Report for March, 1992. 10. Southold Town Dog Shelter Monthly Report for March, 1992. 11 . Councilmen's Reports. 12. Supervisor's Report. APRI L 7, 1992 II. PUBLIC NOTICES. la. New York State Department of Transportation, Notice of order establishing a School Speed Limit of 25 MPH on Pike Street, Mattituck, New York. 1b. New York State Department of Transportation, Notice of order adjusting a School Speed Limit of 25 MPH on Oaklawn Avenue, New York. 2. U. S. Corp of Army Engineers, Notice of Application of Joseph Cornacchia to construct bulkhead, dredge with backfill and beach nourishment in Jockey Creek, Shelter Island Sound, Town of Southold, Suffolk County, New York. Comments received until April 20, 1992. 3. New York State Department of Environmental Conservation, Notice of Complete Application of Samuel L. Gordon to construct a. single family dwelling, decking, driveway, sanitary system, a portion to occur within the 160 adjacent area of NYSDEC regulated wetland, Crescent Avenue, Fishers Island. Written comments received no later that April 23, 1992. 4. New York State Department of Environmental Conservation, Notice of Complete Application of Joseph Cornacchia to construct approximately 390 linear feet of bulkhead within 18 inches of exisiting functional bulkhead and dredge lagoon, dredge open small channel. Project located at Kimberly Lane, Southold, New York in the lagoon connected to Jockey Creek. Written comments no later than April 23, 1992. 5. Superintendent of Highways Raymond L. Jacobs Notice of Spring Leaf and Brush Clean-up. Ill . COMMUNICATIONS. None IV PUBLIC HEARINGS. SUPERVISOR HARRIS: At 4:30, we have one public hearing, and it's a "Local Law in Relation to Water Skiing". 1 . 4:30 on a proposed "Local Law in Relation to Water Skiing". V. RESOLUTIONS. SUPERVISOR HARRIS: At this time, before we start resolutions, are there any members of the audience, that would like to express interest in one of these resolutions, -that--we'll be--enacting -s-hortly?--(Na r-espon-se.) I f'not, Judge Edwards, why don't you lead us off? 1 .-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the application of the First Baptist Church of Cutchogue for renewal of their single family house trailer permit, for trailer located on the north side of Middle Road, Cutchogue, and used for a church parsonage, which permit expires on April 14, 1992, be and hereby is granted for a six (6) month period. 1 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1992 Budget to provide appropriation for Tax Receiver Software and Emergency Services vehicle: To: A1680.2 Central Data Processing, Equipment $ 10,488.00 A3120.2 Police, Equipment 4,800.00 From: A1910.4 Insurance, Contractual Expenses $ 15,288.00 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny,. Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Supervisor Harris, seconded by Justice Edwards, it was - RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1992 Budget to appropriate the decentralization grant received from the Huntington Arts Council for the 1992 Summer Concert Series: Revenues: A3097 NYS Decentralization Grant $ 700.00 Appropriations A7270.4 Bands, Concerts; Contractual Expenses $ 700.00 3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. APRI L 7, 1992 383 4.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Trux, Inc. , Riverhead, for supplying the Southold Town Highway Department with two (2) used 1988 Ford F-700 Dump Trucks at a total price of $30,986.00 for both units, all in accordance with the bid specifications. 4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Edward Ehrbar, Inc. , Pelham Manor, New York, for supplying one (1 ) Used Dresser 250E Crawler Loader for the Southold Town Landfill, at a net price of $52,000.00 after trade-in -of a 1983 Caterpillar D6 Dozer ($18,000.00) , and Brown Tractor with all attachments ($2,000.00) , all in accordance with the bid specifica- tions. 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution -was declared duly ADOPTED. 6.-Moved by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Village Commons Health & Racquet Club, Cutchogue, to hold their fifth annual North Fork Run 8 Ride Biathalon, beginning at 8:00 A.M. ,- Saturday, May 9, 1992, using the following Town Roads, provided they secure and file with the Town Clerk a Certificate of Liability Insurance in the amount of One Million Dollars naming the Town of Southold as an additional insured: North Street, New Suffolk Avenue, New Suffolk Road, Grathwohl Road, Schoolhouse Road, Depot Lane, Horton Lane, Soundview Avenue, Mill Road, Bridge Land, and Oregon Road. 6.Vote of the Town Board: Ayes: Councilwoman Hussie, .Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. • Abstain: Councilman. Lizewski. This resolution was declared duly ADOPTED. 7.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED, that the Town Board of the Town of Southold hereby. commences the lead agency coordination process in regard to the State Environmental Quality Review Act on the Type I action of the proposed "Local Law in Relation to Zoning" (Home Occupation Home__Business_2ffice.,_ Home Professional Office) which amends Chapter 100, Zoning, of the Code of the Town of Southold. 7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Councilman Penny, seconded by Supervisor Harris, 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 Zoning" (Home Occupa- tion, Home Business Office, Home Professional Office) ; now, therefore be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local law to the Southold Town Planning Board and the Suffolk County Department of Planning in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Zoning BE 1T ENACTED, by the Town Board of the Town of .Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 100-13 (Definitions) is hereby amended by deleting the following: 3,8"4 APRI L 7, 1992 HOME OCCUPATION - This shall be understood to include the professional office or studio of a doctor, dentist,, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioners of a similar character, or rooms used for "home occupations," including home baking, millinery or similar handicrafts, provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides and provided further that no goods are publicly displayed on the premises and no sign or advertisement .is shown other than a sign not larger than two (2) square feet in total area, bearing only the name and occupation (words only) of the practitioner. 2. Section 100=13 (Definitions) is hereby amended by adding thereto the following: HOME BUSINESS OFFICE - The business office of an individual which does not qualify for Home Professional Office yet provides a service rather than the retail sale of goods. (i.e., offices providing the service of consulting, advertising, 'designing. . and/or marketing and which typically require "a home personal computer, telephone and/or facsimile transmission machine). HOME OCCUPATION - A. Any gainful activity customarily conducted only within a dwelling unit by the residents,thereof that is clearly secondary to the residential use. B. Activities carried on by the residents which are connected with produce of the seas, bays or harbors caught or dug by them including storage and dockage of boats and gear, . spreading and mending of nets and other gear and sale of such produce so gathered, shall also constitute a "home occupation. C. Tradesmen,-not--limited to carpenters, plumbers landscapers, painters, masons and electricians, provided that -no retail sales or services are conducted on site. HOME PROFESSIONAL OFFICE - This shall be understood to include the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioners of a similar character, or rooms used for "home occupations," provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides. 3. Section 100-31 (C) (2) is hereby amended to read as follows: 2. Home Occupation, including home professional offices and home business office. In permitting these uses, the Town Board recognizes that our residents historically have operated small businesses which provide services to the community from their homes. We find that these businesses have not impacted negatively on the appearance of these residential zones. In our judgment we find that in order to maintain the economic viability of our town to maintain our rural quality-of-life and in the interests of the welfare of our residents, these businesses (or home occupations) should be permitted to continue - In setting forth the following subsections we intend to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of our residential neighborhoods. We believe the following subsections . provide sufficient safeguards to accomplish that aim These uses shall be permitted provided that: APRIL 7, 1992 385 a. No display of products shall be visible from the street, and no stock-in-trade shall be kept on the premises. b. Such occupation is incidental to the residential use- of the premises and is carried on in the main building by the residents therein with not more than one ( 1 ) nonresident assistant for whom off-street parking must be provided on site. C. Such occupation is carried on in an area not to exceed twenty-five percent (25 0) of the area of ail floors of the main building, and in no event shall such use occupy more than five hundred (500) square feet of floor area. d. There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. e. -Studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one ( 1 ) time or where concerts or recitals are held are prohibited. f. In no manner shall. the appearance of the building be altered nor shall the occupation be conducted in a manner that would cause the premises to lose its residential character, including but not limited to the use of colors, materials; construction or lighting. No- dtsp Fay, of products-s ha+F-be- btsioly-frem-the street; an& nv-stock-in—tracfe shaFF-be-kept-on-the premises;- g. Notwithstanding anything set forth elsewhere in this Article, home occupations, home business office and home professional offices shall in no event be deemed to include animal hospitals, kennels, barbershops, . beauty parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes, rooming houses or boardinghouses and uses similar to those listed above. h. For signs, Section 100-31 C(9) (a). i. Home occupations home business office and home Professional offices shall not include manufacturing, fabrication or construction of any type on the site j. The outdoor storage of equipment necessary for residents connected with aguaculture shall be screened from view and shall conform to the setbacks for accessory structures. 11. This Local Law shall take effect upon its filing with the Secretary of State.. * Overstrike represents deletion(s) Underscore represents addition(s) Text contained in. this Local Law which is neither underscored nor overstruck is included for the purpose of re-lettering Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3 APRIL 7, 1992 9.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town. of Southold hereby accepts the bid of Falvey Construction Corporation, Killingworth, Connecticut, the low bidder, in the amount of $419,421 .00, for the Elizabeth Field, Fishers Island, Airfield Lighting, Visual Aids and Electrical Building project, all in accordance with the recommendation of Calocerinos & Spina, Engineers, P.C. , the Town's engineers for the project; and be it further RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized and directed to execute the contract documents for the aforementioned project, as prepared by Calocerinos & Spina, Engineers, P.C. 9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 10.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1992 Budget to appropriate Park & Recreation funds for the Mattituck Boat Ramp electrical supplies: To: Revenues: A2025 Special Recreation Facilities $ 451 .70 Appropriations: A7110.2 Parks, Equipment $ 451 .70 10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 11 .-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an agreement between the Suffolk County Office for the Aging and the Town of Southold for the Supplemental Nutrition Assistance Program (SNAP) for the period of April 1, 1992 through March 31; 1993, at an agreement cost not to exceed $31,510.00, all in accordance with the approval of the Town Attorney. 11 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'd like to thank Legislator Mike Caracciolo, and the rest of the Suffolk County Legislature, for providing funds for SNAP, which is the Supplemental Nutrition Assistance Program, for the Town of Southold. This is a very beneficial program for the many seniors, that we have in this town, and I'd like to express thanks on behalf of the Board for the following agreement authorizing the funds to come to the township. 12.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the application of Sophie T. Saunders for renewal of her single family house trailer permit, for trailer located on the north side of Main Road, Laurel, which permit expires on April 7, 1992, be and hereby is granted for a six (6) month period. 12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 13.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Contract Budget Modification Request between the County of Suffolk, Department for the Aging, and the Town of Southold, to amend the Supplemental Nutrition Program (SNAP) budget for the period of April 1, 1991 through March 31, 1992, which amendment results in a zero net change. 13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. JUSTICE EDWARDS: Before I read this next resolution, fourteen, I'd just like to explain to the people in the audience, that the Fishers Island Elizabeth Field Airfield is going under some modifications now, and all this money, that's being spent out there is done by the FAA. They're putting in new runway lights. They're putting in some automatic control lights for the airport. Rather than leave the lights on -twenty-four hours a day, the pilot coming in at night can demand the lights on, and they'll stay on for fifteen minutes, while he lands, and then they go off again, and he can turn them on by his own radio. So, any money that's being spent out there at Elizabeth Field is being paid by the FAA, who has a pretty tremendous slush fund for airport rehab. APRI L 7, 1992 387 14.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute Partial Payment Request No. Five with respect to the Fishers Island, Elizabeth Field Airfield Lighting (Design) , and Pavement Evaluation Project, all in accordance with the recommendation of Calocerionos & Spina Engineers, P.C. , the Town's engineers for the project. 14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Assembly Bill No. 7210, entitled "AN ACT to amend the highway law, in relation to increasing the amount permitted to be raised by taxes for certain highway equipment in Suffolk County"; it is hereby declared that a necessity exists for the enactment of such legislation, and the Town Board does not have. the power to enact such legislation by local law. 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the reduced $42,000 Performance Bond for the major subdivision of Chardonnay Woods at Southold, which reduced bond amount, from the current bond of $350,000, was approved by the Southold Town Board 'on February 25, 1992, all in accordance with the recommendation of the Southold -Town- Planning Board. 16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. ,17.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the application of Jacqueline B. Moeller for renewal of her single family house trailer permit, for trailer located on the north side of County Road 48, Southold, used for housing an employee at her stable and riding school, which permit expires on April 9, 1992, be and hereby is granted for a six (6) month period. SUPERVISOR HARRIS: This is a security trailer, that she has up on her premises. 17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the .Town of Southold hereby withdraws their authorization for a $70.00 advance fee check to enable Recreation Supervisor Kenneth Reeves to take a Water Safety Instructor course this spring, however, authorization remains for the text book fees of approximately $25.00 to $30.00, as Mr. Reeves will be taking the course in the fall; charge to be made to A7180.4, Beaches, Contractual Expenses. SUPERVISOR HARRIS: This course was cancelled, and as obviously in the resolution, it will be offered in the fall. 18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 19.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1992 Budget to appropriate Park & Recreation funds for the Mattituck Boat Ramp crane work, hardware and lumber: To: Revenues: A2025 Special Recreation Facilities $ 1,550.06 Appropriations: A7110.2 Park, Equipment $ 1 ,550.06 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution =was declared duly ADOPTED. 3' 8 APRIL 7, 1992 20.-Moved by Justice Edwards, • seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Contract Budget Modification Request between the County of Suffolk, Department for the Agining, and the Town of Southold for the Greenport Site Nutrition Program, for the agreement period of January 1 , 1991 to December 31 , 1991, which amendment results in a zero net change. 20.-Vote of the Town Board: Ayes:. Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21 .-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Albert Newalis, Gate Attendant at the Southold Town Landfill, effective March 31 , 1992. 21 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of East End General Contractors, Inc., Southampton, in the amount of $22,614.00, for furnishing all labor, materials and equipment for the contruction of New Restroom Facilities at the Southold Town Beach, all in accordance with the bid specifications. 22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: This will restore the damage, that was done by one of the storms, that we had last fall to our beach facility, that was located .in Southold Town on County Road 48. That restroom facility was completely destroyed, as everyone remembers, that building split in half. It was a block building. It is now going to be rebuilt next to the road, away from the beach, hopefully to avoid further storms, that can damage it once again. 23.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Steven H. Maxheimer as a Scale Operator, from the Suffolk County Department of Civil Service Certification of Eligibles List, effective April 23, 1992, at a salary of $11 .25 per hour. 23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, ,Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was RESOLVED that the application of Richard T. Girards, President of Wolf Pit Nurseries, Inc. for renewal of his two (2) trailer permits, one used as an office trailer, and one used as an office and employee break area, and located at Wickham Avenue, Mattituck, which expire on April 7, 1992, be and hereby are granted for a six (6) month period. 24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 25.-Moved by Councilman Wickham, seconded by Supervisor Harris, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED APRIL 7, 1992, AUTHORIZING THE . PURCHASE OF A BACK-HOE FOR THE USE OF THE TOWN HIGHWAY DEPARTMENT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $100,000, APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $100,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: APRIL 7, 1992 389 Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town") , is hereby authorized to purchase a back-hoe for the use of the Town Highway IGHWAY DEPARTMENT. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $100, 000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $100,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the. same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $100,000, are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law") , to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which said $100, 000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11. 00 a. 28. of the Law, is fifteen (15) years; provided, however, that the bonds authorized pursuant to this resolution or bond anticipation notes issued in anticipation of the sale of such bonds shall mature no later than five (5) years from the date of the original issuance of bonds or notes heretofore or herein authorized for such object or purpose. (b) Current funds are not required by the Law to be provided as a down payment prior to. the issuance of the bonds authorized by this resolution .or any bond anticipation notes issued in -anticipation thereof in accordance with Section 107.00 d. 9. of the Law. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. !!��Y QQ W "0 APRIL 7, 1992 Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of- bond anticipation notes and of Section 50. 00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested -only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. APRI L 7, 1992. 391 Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in full, together with a . . Notice attached in substantially the form prescribed by $81.00 of the Law in "THE LONG ISLAND TRAVELER-WATCHMAN, " a newspaper published in Southold, New York, and in "THE SUFFOLK TIMES, " a newspaper published- in Mattituck, New York, each having a general circulation in the Town and hereby designated the official newspapers of said Town for such publication. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 26.-Moved by Supervisor Harris, seconded by Councilman Wickham, WHEREAS, by resolution dated May 22, 1990, the Town Board of the Town of Southold granted a change of zone to Southold Villas, Inc. for a parcel located on Route 25 in Southold, more particularly described in the resolution, from "A-C" Agricultural-Conservation District to "AHD" Affordable Housing District, subject to the filing of certain Covenants and Restrictions, and WHEREAS, Southold Villas; Inc. , filed said Covenants and Restrictions with the Suffolk County Clerk on or about September 10, 1990 and said Covenants and Restrictions can be found in Liber 11139, Page 030, and • WHEREAS, said Covenants and Restrictions restrict, inter alia, the manner in which the subject premises may be resold prior to the commencement of any residential construction thereupon, to wit: 2(b) Prior to any resale the owner shall provide the Community Development Director of the Town of Southold with a notice of intent to sell and an offer of such parcel to the Town of Southold at a price determined by the provisions of subparagraph (a) above. Said notice and offering shall be delivered to the Community Development Director of the Town of Southold in written form and, failing a written acceptance or rejection by the Town, will expire 30 days from receipt., and 2(d) Only those applicants qualifying under the guidelines of the Affordable Housing Ordinances of the Town of Southold shall be eligible to purchase said parcel of real property, except as set forth in subparagraph (b) above. WHEREAS, the Town Board of the Town of Southold has been requested by Peconic Properties, Inc. , contract vendee of the premises, to waive the aforementioned paragraphs of the Covenants and Restrictions as it" applies to the proposed sale of the premises from Southold Villas, Inc. , to Peconic Properties, Inc. , in order that the proposed transaction does not violate the Covenants and Restrictions, now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby waives its right to enforce paragraphs 2(b) and 2(d) of the Covenants and Restrictions for this proposed transaction only, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold specifically reserves and reaffirms the right to enforce in the future these and all other Covenants and Restrictions filed regarding these premises. This waiver shall not operate to relieve the grantee of its obligation pursuant. to Covenants and Restriction 2(b) and 2(d') above. 26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution- was declared duly ADOPTED. SUPERVISOR HARRIS: It's 4:30, and I've just been reminded by our Town Clerk, we have public hearing, which is scheduled, a proposed "Local Law in Relation to Water Skiing". I need a motion to recess. Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called at this time, 4:30 P.M. , for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 192 APRI L 7, 1992 Meeting reconvened at 4:37 P.M. SUPERVISOR HARRIS: We'll go back to our regular scheduled resolutions. 27.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold 'hereby authorizes and directs the Town Clerk to readvertise for resumes for a temporary stenographer for the Board of Assessment Review for the 1992 sessions, at a salary of $7.25 per hour. SUPERVISOR HARRIS: Is there anybody in the audience, that would like to apply for this temporary position, that pays $7.50 an hour. We're advertising in our local papers to supply someone to the Board of Assessment Review for a short period, which will be sometime in May for about two weeks. 27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 28.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Recreation Supervisor Kenneth Reeves to attend the 4th Annual Spring Conference of The Long Island Recreation, Parks and Leisure Services Association, to be held from 8:00 A.M. to 4:00 P.M. , Friday, May 1 , 1992, at the Radisson Plaza Hotel, Melville, and the necessary expenses for registration and travel shall- be a legal charge to the 1992 Recreation Budget. 28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 29.-Moved by Councilwoman Hussie, seconded by Justice Edwards, POLICY WITH RESPECT TO COMPENSATION OF TOWN EMPLOYEES WHO ATTEND MEETINGS OF STANDING COMMITTEES WHEREAS, the Town Board of the Town of Southold views participation in committee meetings as an. opportuni.ty...for professional growth and career advancement, and WHEREAS, the Town encourages its employees to attend these meetings. Now, therefore, be it RESOLVED,---that..-the .Town Board establishes the_follo_wing policy with_.respect to compensation of Town employees who attend meetings of standing committees: Employees attending meetings of standing committees will be compensated by the Town of Southold provided attendance at such meetings has been requested by Councilman who chair such committees and such attendance is authorized, in advance, by the Supervisor. BE IT FURTHER RESOLVED, that the Towri Board urges that in the event an employeee is entitled to compensation as a result of his attendance at such meetings, such compensation take the form of compensatory time. 29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 30.-Moved by Supervisor Harris, seconded by Councilman Wickham, FINDINGS STATEMENT State Environmental Quality Review Act RESOLVED that pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6NYCRR Part 617, the Town Board of the Town of Southold as lead agency, makes the following findings with regard to the petition of Jem Realty Co. (Jem Commons, Greenport) : DESCRIPTION OF ACTION The project involves the proposed reqoning of a 62-acre parcel of land as follows: the southern 42 acres fronting C.R. Route 48 from "R-80" zoning district (residential low-den sity;2-acre minimum) to "HD" Hamlet Density District; and the northern 20 acres fronting Long Island Sound from "R-80" to "R-40" zoning (residential low density; 1-acre minimum) . The rezoning is to allow construction of 30. affordably priced homes 122 moderately priced homes and 19 luxury priced homes on the 62 acre site. LOCATION The project is located on the north side of North Road (C. R. Route 48) , east of Sound Road, Greenport, New York. The site is more definitively identified as Suffolk County Tax Map Numers 1000-035-0100-024. - APRIL 7, 1992 39 =3 LEAD AGENCY JURISDICTION The proposed action involves a change of zoning. The action is under consideration by the Town Board of the Town of Southold, as a petition for the zone change. The Town Board has exclusive legislative authority over change of zoning petitions in the Town of Southold, and therefore is the lead agency and only involved agency. Depending upon the outcome.of the change of zoning, additional agencies will have jurisdiction regarding physical development of the site. These interested agencies have been acknowledged and included in the EIS process for comprehensive project planning. DATE FINAL EIS FILED : November 17, 1989. FACTS AND CONCLUSIONS IN THE EIS RELIED UPON TO SUPPORT THE DECISION e propose c ange of zone app ication has been subject to a rat and Pinalin accordance with procedures established under the State Environmental Quality Review Act. The Town Board after deliberation and review of the Lang Environmental Assessment Form (EAF) issued a Positive Declaration on Jem Commons,.on April 24, 1990. Subsequently, at a mutually convenient time, a Scoping Meeting was held with the applicant on June 18, 1990. After submission of a Draft EIS with several necessary revisions, the Draft EIS was accepted by the Town Board on July 17, 1991, and circulated for a minimum 30-day comment period. Within this period, a public hearing on the Draft EIS was held on August 13, 1991. After compiling substantive comments, a letter containing comments and required EIS format was forwarded to the applicant'in September, 1991. The content and adequacy of the Final EIS is the responsibility of the lead agency regardless of who prepares it..In the case of Jem Commons, the applicant and the Town mutually agreed to allow the applicant to prepare the Final EIS which would be reviewed for adequacy by the Town. After submission of a Final EIS with several necessary revisions, the Final EIS was accepted by the Town Board on November 12, 1991. The applicant and the Town also mutually agreed to delay the issuance of the Statement of Findin&s until a hearing on the change of zone was held on February 4, 1992, in order to provide a torum for additional public input into the zone change decision process. Following deliberation of the facts and testimony, the Town Board has directed the preparation of this Statement of Findings on the Final EIS for Jem Commons. These findings present the facts and conclusions in the Final EIS documentation, which are considered by the Town Board in connection with a decision on the change of zone petition. Facts and conclusions are identified herein, under the categories consistent with the EIS. The Draft and Final EIS explored a multitude of issues; however, issues presented herein are considered to be the most important ones--as regards a decision on the project. The Final EIS contains detailed analysis of all impacts relating to the project; however, for the purpose of these findings the following discussion on key issues is provided: GEOLOGY Topography The project site includes an escarpment associated with eroding headlands adjacent Lang Island Sound. The stability of the bluff depends upon environmental conditions during the time preceding assessment; however, a bluff area is considered to be a highly unstable geologic feature. With regard to land use issues, the top of the escarpment must be protected from improper grading, clearing of vegetation and diversion of stormwater runoff. The Village of the site adjacent the bluff is in excess of 1/2 mile from the boundary of the Village of Greenport, and this is presumed to be the reason why the north 20 acres are proposed to be rezoned to R-40 � instead of"HD". This proposed density increase represents a doubling effect in terms of zoning from"R-80" to "R-40". The Town Board fincs that the fragile nature of the bluff area is best served by maintaining a low density for development, in order to promote adequate setbacks and ensure that improper land use does not occur atop the bluff. The applicant has proposed to maintain a 100 foot buffer area between homes and the bluff; however, this does not consider potential adverse impacts associated with: tree clearing for views and yards; grading for lawns, foundations, leaching systems, etc. and other domestic impacts which have occurred in similar areas. Once land is subdivided and maintained in private ownership, it is difficult to enforce covenanted restrictions or other similar means of trying to maintain protective features of the bluff. J APRI L 7, 1992 Greater than 100 foot setbacks for structures with wide natural areas adiacent to a bluff could be considered as additional mitigation. In addition, land use involving clustering to preserve common open space adjacent the bluff would provide for greater protection of the area, and allow a larger population to enjoy scenic resources. This land use is not reflected in the proposed project or the 171 Unit Alternative "R-40" Cluster design which was intended to explore alternate open space options on the north part of the site. These considerations are appropriate for any land use which may occur adjacent the bluff. WATER RESOURCES - Groundwater The project site is located in Groundwater Management Zone IV, a local water supply aquifer which has predominantly horizontal flow with discharge to north shore surtace waters. There is adequate depth to allow subsurface installation of leaching structures as necessary. Water Quality beneath the-subiect site is not identified as being significantly impacted by nitrate and aldicarb common in other azricuiturai ,areas of the Town. The project involves proposed connection to the Village of Greenuort Sewage Treatment Plant. .The proposed project is not within the district boundaries of the Greenport STP; however, the applicant speculates that the Droject will be connected to the plant. The Village of Greenport Superintendent provided a letter,of comment on the Draft EIS and indicated that the Village presently has a moratorium on new connections outside the district. Furthermore, the Superintendent indicated "Anticipated more stringent requirements for sewer systems of greater capacity than our existing system causes concern regarding any expansion of the system capacity outside the Village limits. Consequently, the alternatives to the use by this project of the Greenport Sewer System and the effect of such alternatives should be carefully considered". The connection of the "HD"project east of Jem Commons (Breakers at Lands End) to the Village of Greenport STP will apparently be honored by the Village as a commitment prior to the moratorium; however, this does not ensure connection of the proposed project. Alternatives to STP connection were investigated in the Final EIS. An on-site sewage treatment plant could be constructed which would result in the loss of lots or open space due to-Suffolk County Health Department (SCDHS) setback requirements. In addition, the Final EIS indicates that "small capacity sewage treatment plants tend to have operating problems due to their size and cost to construct and maintain". Operational problems may result in environmental consequences including-water quality problems, odors, etc. The Town Board has concern with regard to proper handling and disposal of sewage at the subject site. Tie-in to the Greenport STP may not occur and there are concerns with regard to construction of a separate on-site sewage treatment plant. Sewage treatment facilities are not required for several alternatives analyzed in the Final EIS including: Existing Zoning Use; Existing Zoning Cluster Use; and the R-40 Alternative. The Existing Zoning Use and the Existing Zoning cluster are dismissed as economically infeasible; however, the site is zoned "R-80". In addition, the Final EIS notes that "If approval cannot be obtained from Suffolk County Health Department to construct an on-site sewage treatment plant, lot sizes would have to be increased to two units per acre and on-site sanitary systems (Subsurface Sewage Disposal Systems) installed". This indicates there is an additional moderate density alternative which would not require construction of an STP. Therefore, the Town Board finds that there are other viable sewage disposal alternatives which would not present as much concern as the proposal advanced by the applicant. Water supply is an additional aspect of water resources which was investigated in the Final EIS for Jem Commons. The project proponent intends to connect to.the Village of Greenport water supply system. The applicant indicates that water will not be required until 1994-1995, and that the Village intends to add additional water cap_ acity to the existing distribution system. The Village of Greenport Superintendent of Utilities provided a comment on the Draft EIS regarding water supply, as follows: 'The DEIS indicates an application has been made to the Greenu Water Wer District and is presently pending. At this point it is impossible to predict what the Greenuort Water District's additional capacity, if any,will be at such time as it may be required for this proposed project....Presently, the district's water contracts to provide water for new projects exceed the district's excess capacity". Based upon this comment, it is apparent that the district will seek new water sources in order to accommodate additional development in the district. This does not necessary ensure or justify water supply for a high density change of zone project, such as Jem Commons. The Town Board has concern over the ability of existing and proposed utilities to supply .water to the subject site, as reflected by the letter from the Village of GreenDort. The proposed project would increase water use from 9,600 gallons/dav (gpd) under existing zoning to 51,300 gpd (over a 500% increase). The site is identified in the APRIL 7, 1992 3 9'5 Draft EIS as lving in the North Fork water budget area 'Zone IV, which is critical in terms of water supply. Estimates based upon Dernussive sustained yield as compared to predicted consumutive use in the year 2,000, predict a slight water supply surplus; however, significant iand use density increases could increase consumption and reduce the surplus. Therefore, with regard to water supply, there is concern over ability of existing and ruture utilities to serve the proiect as well as concern for increase in water use. All or the other alternatives analvzed in the Final EIS (except the 171 Unit alternate Cluster) would significantly reduce water demand, therefore, it is apparent that other viable alternatives would have less impact on this resource. TERRESTRIAL & ECOLOGY - Vegetation & Wildlife The site is documented as containing predominantly old field habitat in a late stage of succession. The field contains herbaceous species and is being pioneered by trees, shrubs and vines since the cessation of farming. The site supports larger mammals including red fox and white-tailed deer as well as small mammals which likely attract raptors such as the red-tailed hawk and the northern harrier (NYS Threatened Species). The site provides some suitable habitat for the grasshopper sparrow (NYS Special Concern Species); however, none were observed on-site and it was noted that the natural succession. of the site habitat would eliminate habitat for this species. The site also provides unique habitat in cavities under the top edge of the bluff for uncommon kingfishers and bank swallows. As mitigation the EIS recommends that people and pets should be kept off the bluff, and stairways should be 50 feet or more from the observed nests. The proposed project involves the use of a 62 acre parcel, presently zoned "R-80". "R-80" zoning is a low density district which would allow for preservation of wildlife habitat and open space either between dwellings due to large lot size or through clustering for more contiguous open space as noted in the alternative section of the EIS. The project design concept involves full use of the property with 152-10,000+ square foot lots and 19-40,000±square foot lots. The concept proposes retention of an 85,200 square foot buffer along C.R. Route 48, or less than 3 percent of the site (average depth of 175 feet). A 171 unit cluster alternative (reconfiguration of proposed "R-40" area to north),would preserve additional open space (total of 610,200 square feet; 22.6 percent of site), however, this would greatly intensify development in proximity to the bluff. It is noted that the adjacent site to the east of the subject application is zoned ''HD" district, and an approved development plan provides a significant area of open space in the southwest part of the 132 acre site, adjacent the southern half of Jem Commons. The proposed project does not consider the adjacent land use in terms of coordination of open space for maximum retention of contiguous habitat. The Town Board has concern over the project design concept and the lack of retention of open space and natural habitat area on a parcel demonstrated as being important to local wildlife. Several alternatives have been.exDlored which would provide much greater opportunity to preserve and align contiguous open space than what is proposed under the rezoning application, including; Existing Zoning Use; Existing Zoning Cluster Use; and the R-40 Alternative. Efforts should be made to coordinate open space with the parcel adjacent the east property boundary, in order to provide a meaningful open space/wildlife habitat area. In addition, retention of nesting habitat for bank swallows and kingfishers is consistent with goals of bluff setbacks and stabilization discussed above under Topography. AGRICULTURAL RESOURCES - Soils The southern 2/3 of the project site is dominated by Haven Loam.which is a prime agricultural soil. The implementation of the proposed Droiect would permanently foreclose possible future agricuitural use of this soil. The Draft EIS indicated that the site has not been farmed in 18 years, and the project sponsor has made attempts to lease the parcel for farming without success. The Draft EIS further notes that"the lack of an adequate farm labor force ... along with the negative economics of farming small farms has vermanentiv precluded the use of this site for agricultural purposes". The conditions identified in the Draft EIS have lead to the decline of certain tarming on the North Fork; however, this decline has resulted in alternative agricultural use including vineyards and orchards, etc. Accordingly, the statement alluding to economics permanently precluding agricultural use of the site is not entirely correct. 19 6 APRIL 7, 1992 Low density residential zoning provides the opportunity to consider clustering to preserve extensive contiguous areas of prime agricultural soil to be retained as open space or possibly utilized in the future for agricultural purposes. The Finai EIS explores an R-40 cluster development, and notes the following: "This alternative, however, does reduce water usage and impacts to wildlife due to providing a large area of open space". Similar conclusions with regard to open space retention and water use reduction are reached in consideration of the Existing Zoning cluster, and a reduced densiry development. The Existing Zoning cluster is dismissed as economically infeasible; however, the site is zoned "R-80". The Town Board finds that the proposed project would permanently foreclose this possibility of preserving open space and prime agricultural soils. LALND USE & ZONING - Existing Land Use s Zoning The proposed project lies east of an area zoned "R-40"which was predominantly developed at higher densities (1/4+ acre lots) prior to rezonings initiated by the Town Board. There are still larger tracts of subdividable property within the "R-40" zone; however, none are directly adjacent the project site. South, and southeast of the project site are two parcels zoned for."Light Business", and a 132 acre parcel east of the site is zoned "HD", and has an approved site plan for clustered condominiums at a density of 2.6 units per acre. Other zoning in the area includes "R-80" and "R-40" south of C.R. 48 and one smaller"Residential/Office"zoned parcel. The project seeks to rezone the parcel to what the Draft EIS refers to as a more compatible zoning district, consistent with the parcel to the east. The portion of the project site to be rezoned to "HD" exceeds the density of land use to the east by one unit per acre. The Draft EIS addendum indicates that this zoning would more closely reflect the goals of the Master Plan for expansion of the Greenport hamlet center. Land use issues relating to the Master Plan wiil be discussed below; however, strictly in terms of land use, the "R-80" zoning is compatible with adjacent zoning and use. East of the site the Breakers at Lands End is a high density residential proposal, which has been provided with utility connection. The design preserves a significant amount of open space adjacent the subject site and is a lower density per acre than the "HD" portion of the site. Future use of the Jem Commons site should provide the ability to allow setbacks from C.R. .4' and adiacent light business zoned parcels, and should coordinate contiguous open space Nvith Breakers at Lands End. These design issues can be more easily accommoaated under a less intense residential use. West of the site are residences on lots or 1/4+ acres. This is considered a high density residential use which would be compatible with a similar or lower density use of the subject site. The Town Board has concern with regard to the overintensification of use on the Jem Commons property. In terms of land use it is concluded that the "HD" proposal is compatible with adiacent uses, as are other lower densitv alternatives, which may be more sensitive to other more compelling environmental issues as discussed in other sections of these findings. Land Use Plans The proposed Jem Commons project was reviewed in the context of land use plans in the Draft EIS addendum. The document notes that the proposal is consistent with the goals and intent of the Master Plan by encouraging moderately priced housing through high density zoning, by expanding the Greenport hamlet center within 1/2 mile of the Village boundary. The fact that a portion of the site is within 1/2 mile of the Village boundary indicates that the subject site is eligible for consideration of Hamlet Density zoning; however, this zoning is not guaranteed through the Zoning Code Chapter 100,Article IV, or the Master Plan. The concept of providing affordable housing is positive. Under the proposed project, 30 homes would be affordably priced as defined under the Suffolk County Fast-Tracking Affordable Homes Program (less than $100,000). The balance of the homes in the "HD"zone would be offered at prices of$129,000 to $165,000. Nineteen luxury homes in the proposed "R-40" district would be offered at prices above $195,000. The offering of 30 affordably priced homes is acknowledged as beneficial in terms of increasing the lower priced housing stock for;County residents. tiVhile the :proposed project would offer an additional 30 affordably priced homes to the existing housing stock, it would foreclose the possibility of providing a greater percentage of homes to moderate income families . Based upon this understanding, this increased density provides only 30 units (less than 206 overall) as affordable housing to County-wide residents. The Town Board is considering the fact that there are alternative land use proposals which would be more equitable to the residents of the Town of Southold on both an economic and environmental basis. APRI L 7, 1992 3 9 7 A Master Plan is continually subject to review and change in response to economic, environmental and social climate, through legislative and planning decisions of implementing boards. Furthermore, although the goals of the Master Plan include promoting affordably priced housing through controlled expansion of hamlet centers where adequate utilities are available, these goals must be balanced against other resource issues. Finally, the existing low density zoning in the area north of Greenport, is a result of the Master Plan, and was presumably recommended and changea for economic, environmental and social reason. Those areas (within 1/2 mile of the Village, with adeouate utilities) could present an oDportunity for density increase if justified based upon review and balancing of overall Master Plan goals. The following goals and policies are noted in the Master Plan with regard to Environment: I * Restrict development in wetlands, tidal marshes, bluffs, dunes and beaches. * Promote a development pattern that is responsive to sensitive areas exhibiting prime agricultural soils, poor drainage, high water table, high erosion hazard, flood hazard, sensitive coastal features, great scenic quality and woodlands. * Protect the Town's water supply from further contamination by encouraging the 1. use of techniques that reduce pollution from fertilizers, herbicides and pesticides (agricuiturai and residential), requiring adequate water supply and septic system condition for new development, and employing minimum maintenance dredging j of streams (to minimize salt water intrusion). * Promote development patterns that are at as scale that is commensurate with the available water supply. With regard to the Cultural Environment, the following policy is noted in the Master Plan: * Plan for intensity and mix of development of hamlet centers that improve the viability, functioning and aesthetics of hamlet commercial centers without changing the scale of the centers. With regard to Waterfront, the following policy is noted in the Master Plan: * Inure physical and/or visual access to scenic vistas and waterfront areas. In addition, the Master Plan provides specific guidance on the use of the "R-80" zoning district as follows: "These low densities are particularly applicable to coastal areas to protect the ground and surface waters and environmentally sensitive portions of the Town including wetiands, beaches, bluffs and dunes". 'This low density, combined with creative deveiopment techniques such as locating permitted residences on non-environmentally sensitive lands and keeping other lands open (clustering), can serve to achieve both residential and environmental Planning goals." "In northern areas of the Town where there are bluffs, beaches and dunes, mandatory clustering is recommended to assure protection of these features." Therefore, in order to be consistent with the Master Plan, the legislative board responsible for land use changes must review proposals and reach informed decisions regarding the future of development in Southold Town. The Town Board has concern over the consistency of the project with the Master Plan in terms of environmental policies (bluffs, agricultural soils, water availability, sewage disposal), the cultural environment (aesthetics of high density grid subdivision, and overintensified use), and waterfront policies (scenic vistas and bluffs). All of the other alternatives evaluated through the EIS process are more sensitive to some or all of these issues. The south 42 acres of the site are not assured of"HU zoning through the interpretation of the Master Plan as forwarded in the EIS, and there is no -compelling justification for density increase on the north 20 acres in either the EIS or the Master Plan. In addition, the Master Plan clearly states that "In order to develop properties for residential uses within this area [Hamlets] at a density of greater than the base density, an approved central water supply is required, and a sewage treatment facility or connection to a sewer system would be needed". Compliance with these mandates has not been demonstrated as indicated in the Final EIS. 1. 1-9 -8 APRI L 7, 1992 COMMUNITY SERVICES - Police/Fire Services The EIS for Jem Commons provides information relative to response of fire and police protection services, indicating that the respective departments can adequately respond to emergency incidents. There is one aspect of emergency protection which should also be considered. The Town of Southold Subdivision Regulation (Article 3 Design Standards Section A106-32 Layout) , state that "A subdivision containing 20 lots or more shall have at least 2 street connections with existing publi streets or streets shown on an official map, if such exists, or streets on the recorded final plan." In the case of Jem Commons, only one street connection is provided for 171 lots. There is an emergency access right-of-way depicted on the conceptual plan; This access does not appear to be viable. The Town Board is concerned with providing adequate access for emergency vehicles, in order to ensure the safety of future residents of the; project. 30.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 31 .-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Ordinance Inspector Vincent Wieczorek and Building Inspector Thomas Fisher to attend the Hudson Valley Code Enforcement 5th annual Official Educational Conference, at Poughkeepsie, New York, from May 3-6, 1992, and the registration fee of $130.00 per person, and necessary expenses for travel, meals and lodging shall be a legal charge against the Building Department's 1992 Budget. 31 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 32.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Detective Beth D. Wilson to attend the National D.A. R.E. Officers Association Annual Training Conference, at Louisville, Kentucky, from July 15 - 18, 1992, and the $120.00 registration fee, and necessary expenses for travel, meals, and lodging shall be a -legal charge against the Police Department's 1992 Budget. 32.-Vote of the Town Board:.-.Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Hussie. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'd like to comment that Beth Wilson, Detective Wilson, is our D.A.R.E. instructor. She's done a fine job in reference to educating our young people in the lower grades, to say no to drugs. This program has been very successful over the years, and Southold Town has been a leader in this program since it's inception. Beth Wilson, Detective Wilson has received many commendations on behalf of her job performance in this area, and it's only befitting, that this individual be. sent to a national seminar to further advance the goals of Drug Awareness in the Town of Southold. JUSTICE EDWARDS: I'd also like to have it on the minutes, that I certainly hope that Beth Wilson this spring will make the opportunity to -come over, and give her ,presentation to Fishers Island, which she hasn't done yet. SUPERVISOR HARRIS: We will so direct her to do so, also, Judge.. Absolutely. 33.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the Southold Town Shellfish Committee, for a two (2) year term, effective April 7, 1992 through April 7, 1994: Scott L. Harris, Supervisor, Town of Southold John M. Bredemeyer II-I, President, Board of Trustees, Town of Southold Bruce Loucka, Conservation Advisory Council, Town of Southold James C. McMahon, Director of Program Evaluation, Town of Southold William Hasback, New York State Department of Environmental Conservation John Scotti, Cornell Cooperative Extension John Savage, Southold Town Baymen's Association Jim King. President, Long Island Lobstermens'. Association James Homap,Braun Oyster Company Inc. Ed Stilwagen, Sorters, Inc. 33.-Vote of the Town Board: Ayes: Councilwoman Hussie, ,Councilman Li'zewski, Councilman Penny, Justice Edwards, Supervisor Harris:`Abstain: -Couyncllman •Wickham. This resolution was declared duly ADOPTED. APRIL 7, 1992 399 34.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby changes Supplemental Nutrition Assistance Program Bookkeeper Marie Helinski's compensation from an hourly rate of $5.00 per hour, for a maximum of 3 hours per weekend, to an annual stripend of $780.00, effective April 2, 1992. 34.-Vote of the Town Board: Ayes : Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 35.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby adjusts the pay rate of Lisa Caltuna, Assistant Cook for the Nutrition Program, to reflect the Town Board rate for 1988 and the CSEA contract rate since 1989, which adjustment shall include the payment of approximately $4,800.00 in retroactive pay. SUPERVISOR HARRIS: This was an error, that was discovered during a recent audit of our. Accounting Department, and this error is now being adjusted appro- priately, and accordingly. 35.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'd like to recess for five minutes to discuss the resolution of Hay Harbor with the Town Board, and then go back into session. I need a motion for that. Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called at this time, 4:45 P.M. , for the purpose of. discussion. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman. Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Reconvened at 4:47 P.M. SUPERVISOR HARRIS : The Town Board is back in session. In reference to the Local Law public hearing, that we held, it's unanimously going to be held for future adoption, until the Town Attorney, and the Town Board can do further research in reference to this provision. So, with that are there any members of the audience, that would like to speak on behalf on any matter that you feel may be pertinent to this Board, or the operations of the Town of Southold? (No response. ) Are there any members of the Council, that would like to make a statement before I make a motion to adjourn? Councilwoman Hussie? COUNCILWOMAN HUSSIE: As you know about two and a half weeks ago, we started really enforcing the recycling law, and has been, I think, a great success. In fact, we have many warnings, that we haven't handed out yet. People are really very good about it, and our Code Enforcement Officer is doing a great job. It's going well. SUPERVISOR HARRIS: I'm glad to hear it. Congratulations, and- to your committee. COUNCILWOMAN HUSSIE: It was done before I got there. SUPERVISOR HARRIS: Anybody else? (No response.) I'd like to just make one final comment. The Town of Southold, together with the Town of Riverhead, and the Town of Easthampton, is going to Brooklyn tomorrow to the Appellete Court to have oral arguement to have a decision rendered, whether the Commissioner of the DEC, Thomas Johrling, can testify in a trial, that is upcoming. We are going to await a decision by the Appellete Court of the State of New York has appealed the decision by the Supreme Court, that previously ruled that the Commissioner can testify in our trial through a subpoena that was issued to him. The State of New York has objected, obviously, and has filed in the Appellete Court to get this ruling overturned of the Supreme Court, so tomorrow we will be in Brooklyn. We may receive a decision tomorrow. We may not. from the Bench, but we will still be there continuing to fight for the taxpayers of the towns of the East End in reference to the landfilling matter. With that, I need a motion to adjourn. 4 r� , 'o V APRIL 7, 1992 Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 4:50 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Judith T. Terry Southold Town Clerk