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HomeMy WebLinkAboutTB-08/10/1971SOUTHOLD TOWN BOARD MINUTES MEETING OF AUGUST 10, 1971 The Town Board of the Town of Southold met at the office of Supervisor Albert M. Martocchia, 16 South Street, Greenport, New York, on Tuesday, August 10, 1971 at 3:00 P.M., with the following present: Supervisor Albert M. Martocchia, Councilman James H. Rich, Jr., Councilman ~oward C. Valentine, Justice Martin Suter, Justice Louis M. Demarest, Town Attorney Robert W. Tasker, Supt. of Highways Raymond C. Dean, and Deputy Town Clerk Judith T. Boken. Absent: ~ustice E. Perry Edwards Moved by Councilman Valentine, seconded by Justice Demarest, it was RESOLVED that the Southold Town BOard meeting recess for the public hearing on the amendment of the "B ' ~ ' oat~ng Ordinance of the Town of Southold." Vote of the Town Board:~ Ayes: Supervisor Martocchia, Councilman Rich, Councilman Valentine, JustiCe Suter, Justice Demarest. Meeting reconvened at 3:15 P.M. On motion of Councilman Rich, seconded by Councilman Valentine, it was RESOLVED that the minutes of the meeting of July 27, 1971 be and they hereby are approved. Vote of ithe Town Board: Ayes: SUpervisor Martocchia, Councilman Rich, Councilman Valentine, Justice Suter, Justice Demarest. Moved by Councilman Valentine, sec RESOLVED that the next meeting of held 1:00 P.M., Tuesday, August 17 York Vote of the Town Board: Ayes: Su Valentine, Justice Suter, Justice onded by Justice Suter, it was the Southold Town Board will be 1971 at Fishers Island, New ~ervisor Martocchia, -Councilman Demarest. Moved by Justice Surer, seconded by~Councilman~ich, it was ' RESOLVED that the july reports of the Supervisor, Police Department, TownmClerk,~Justice Suter and~Building Department be approved as submitted .... Vote of the~Town Board: Ayes: Su Rich, Councilman Valentine, Justic On moti~n,~of Councilman-Rich~ seco WHEREAS the Southold FiredDepartme the use of the parking lot at the on September 4, 1971 between the~h September 5th, for the purpose of ~OW, THEREFORE, BE IT RESOLVED tha granted permission to use the park Fire House on September 4, 1971 be 2:00 A.~. September 5, 1971 for th the Southold Fire Department obtai precautions to hold the Town of So Vote of~the Town_Board:_ Ayes: Su pervisor Ma~tocchia, Councilman e Suter, Justice Demarest. ~ded by Justice~Suter, nt has requested permission~for rear of the Southold Fire House ours of 12:00 Noon and 2:00 A.M. street dance, t the Southold Fire Department be ing lot at the rear of the Southold tween the ~urs of 12:00 Noon and ~ purpose of~a street,dance, provided ns insurance and takes the necessary ~thold harmless. )ervisor Martocchia, Councilman Rich, Councilman Valentine, Justice Suter, Justice. Demarest.. On motion of Justice Demarest, seconded by Councilman Valentine, WHEREAS, A~gelo G. Petrucci~has~by written application~applied to this ~bo~rd for.a permit~to excavate.sand, ~ravel, stone or other materials from premises locate~south~ of Soundview.Avenue,~Southold, New York bounded~generally northerly by.lands of Edwin A..Smith and Long Island Produce Co.; easterly by.lands of Case and ~aplan; south- erly by lands of Newell Estate and sepenos~i; and westerly by lands of Tisdale and Edwin A. Smith, and WHEREAS~ a~public~hearing_was held.on said application-on July 13, 19~1~ at.~which~ti~e .all interested persons were given an opportunity to be heard, · NOW, THEREFORE, BE IT RESOLVED that this Board does in accordance with Section V of the Excavation Ordinance of the Town of Southold, find that (a) The proposed operations will not interfere with the surface water drainage plan of the area nor endange any street, road ~r highway. (b~ The circumstances of the location and terrain are reason- ably adapted to rehabilitation to the end that the premises ~ill not become desert or waste land following comple~ion of operations. (c) The circumstances of the location and the terrain are~ such that conditions and safeguards may feasibly be imposed'to! assure that the premises will not 'constitute an attractive~' nuisance or endange the safety of children. -(d) The use will not cause undue traffic hazards. (e) T~e use will not cause undue noise or wind-blown ~ust~' or sand. -(f) The use will not change the established character of the neighborhood or depress the value of other lands in such ~ neighborhood. · (g) The proposed operations are set back at least 200 feet from any road, street, avenue or highway and that the excavati~on operations were in existence at the effective date of the afore- said excavation ordinance and that such proposed operations will notbe extended beyond the present front, side or rear setback lines, and it is further RESOLVED, that the Town Clerk be and he hereby is authorized and directed to issue a permit to said Angelo G. Petrucci for the excavation of sand, gravel, stone, or other materials from the above described premises for a term of one year, subject, however, to the following terms and donditions: 1. The removal of materials shall be confined to the shaded areas outlined in red on the map accompanying said applica%ion, a copy of which is to be signed by the Supervisor and the applicant and filed with the Town Clerk. 2~ The removal of materials from said areas shall not extend below fifteen (15') feet above sea level. 3. Ail removal operations shall be setback at le~ 10 feet from all property lines. 4. Ail slopes shall be maintained during and after operations at one foot vertical on one foot horizontal. 5. After opeaations have been completed, the excavated areas, as well as all other areas where prior excavation operations have been conducted on the premises, shall be leveled, regraded, all s~mgp~, rocks and other debris removed and the entire premises seeded with grass. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Valentine, Justice Suter, Justice Demarest. On motion of Justice Demarest, seconded by Councilman Rich, it was RESOLVED that a public hearing be held by the Town Board of th~ Town of Southcld on the 7th day of September~ 1971, at 7:30 o'clock P.M. at the Supervisor's Office, 16 South Street, Greenport, New York, in the matter of the amendment of the Town ordinance entitled "Southold Town Ordinance Providing for the Regulation of Tourist Camps, Housetrailer Camps, Housetrailers, or similar Establishments", as follows, to wit: I. By amending subdivision (c) of Section lfo~said Ordinance to read as follows: (c) Camp cottag~ is defined to b~ any small building of whatever~material constructed having not less than 100 nor more than 450 square feet of enclosed floor area and used as living or sleeping quarters and constructed and equipped only for seasonal occupancy. II. By amending Section 7 of said ordinance to read as follows: Section 7. Each unit in any tourist camp upon which a tent, tent house, trailer or house car is erected or placed and each unit in-any tourist~camp upon Which a~camp Cottage is hereafter erected or placed, shall~be~not less than 50' feet x 100 f~et-in area~clearly'def~ned by markers in each corner. III. By amending Section 8 of said ordinance to read as follows- Section 8. No cottage hereafter erected or plac'ed upon asite shall-be tess than 30-feet distant from any other building or trailer. - IV. ':By-amending Section 9 of said ordinance ~to read as follows: Section 9;--No-trailer, camp car~ or damp'cottage'-shall be located on any site where there is less than :30 feet between the~ trailer~or camp car and other buildings; trailers, or'~camp~cars included in the camp. -With the exception of~ cottages previously placed or erected, no cottage, trailer, or camp car shall be placed~within 30 feet-from the property or public highway line or within 20 feet from any interior road or drzveway. - V. ~By~amending Section'10 o~f said ordinance:to-read as follows: Section 10. Adequate~ways~or driveways shaWls-be -provided which shall be so located that each unit of the camp is easily accessable thereto. Said roadways or driveways shall be adequately-lighted while'such camp is occupied. Such roadways or driveways shall be'¢ons'tructed-to a-~inimum width~of 24 feet and the~bed of~such'.roadway or:driveway shall be constructed in accordance with the No%rhhold To~n Highway Sp.ecifications as to--base;and surfacing. ~11 entrances and exits, from the camp'shall be well marked and so arranged as to provide proper Control and'supervision. ~U~. By amending Section ~3 of said ordinance to read as follows: ~- Section t~. ~It shalt.be.,the duty'-~of the:-owner, his agent Or manager; to~-keep a register of all persons accomodated in the camp, saidregister to'include the names of all persons their home addresses, the registration'namber'~and-description of their automobile or other vehicle. It shall be the duty of the~owner,~his agent, ~or manager~to pro~ide a~sewerage disposal system-and--a potable water-supply system.for:the tourist campapproved by the Suffolk County~eatth Department. It shatt~'atso?be~the~duty of the owner;~-his-agent, 7or manager to provide for the collection and removal of garbage or'other waster materials~ to prohibit the.placi~g or storage~of unsightly materials or vehicles~within~the camp;-to provide at least one five [5) pound capacity CO2 fire 'extinguisher for equal, approved by'Underwriters-Laboratories, Inc., for each 5 'units in the camp'or~traiter~park;-s'uch fire'~extinguishers to be s'o located that all of the units will be within 250 feet of an extinguisher; to repo~t~.to the Boardr~ef'Health~::all~cases-.of.commun±dabl~e - diseases or s~spe.cted c. asss ofrc~mmun~cable:diseases affecting any occupant of the camp;~,'to report immediately to~tke public - ~a~%hori~y-'~lZ~violatio~s of law ~committed"-by-any person or pemso~s-within~the.ca:mp'~ to ~i~stall 'and?maintai'n.a sufficient number of telephones as may be required by the Town Board. ~.~ By. ame~ding S~ct~o~ ~3of'~said ordinance,to.read.as follows: Section 15. On every tourist camp or trailer camp a suitable plantZng of shrubbery will be required to screen the -trailer camp from public lands and public highways, an'd"oth-er ~a.reas, as may be required.- The planting shall 'be of such type and ~v~ri~ty-~d l~catedras ap~ro~e'~by tke T~o~n Bo~a.rd. - VIII. By amending the first sentence of section ~6 of, said ordinance to read as-foll-ows: ....... Section-~6.-~-~Ea-ch app'l-ication-forA a~'permit ~s ~to-~'be accompanied by a fee of $10.00 for each unit or $200.0~O,wbichever is greater. IX. By amending Section 18 of said ordinance to rea~ as fotiows: ...... S~ct~'~8~ .... '~ny person, firm,~.-or corporation who'shall violate or fail to comply with any of~t~e' provDsions?~of this ordinance, shall be guilty of a violation and shall upon conviction be punishable by'a fine'not to'exceed '$500~00 or by zmprisonment for a term not exceeding 15 days or by,both --' such~ fine-and imprisonment. --Each day that a'-vi0Tation is permitted~to exzst-shall,constitute'a separat~ violation. Vote-'of the-Tow~-'Board':~ A~es:--Supervisor~Martocchia-;'-Councilman Rich, Councilman Valentine, Justice Suter, Justiu~ Demarest~ Mr. C~-Edward-Netson;--Suffolk Avenue~and~Deep Hole-'Driv~ Mattituck spoke to the Board relative to a drainage problem near-his~property which has caused sand to be washed into Deep Hole'Creek,-'flilling in where he has dredged. Supervisor Martocchia advised Mr. Nelson that the problem"would-be discussed with Highway Superintendsnt Dean. Supervisor-Martocchia rea~'t,e'tte~s from~Kenny's Beach-'Civic Assoc- iation, Inc. relative to-tmaff~c control and~'the~public launching ramp;-Cutchogue-N~w Suffolk Civic-~ssociation r~tative to their opposition-to removal of water from Cutchogue to-supplement-the Greenport Water-District;~Mattituck Fire-Department r.eques~ng permission to display posters for their festival (referred. to the Board,-of Appeals);, RobertSeh~relative'to'dredging-'pr.oject at Deep Hole ~reek, Mattituck'; -Antoinette-Sacamano relative'to a'water pr~bt~m~at Fourth~and~Ordhard'Streets,-'New~Suffolk (referred~'tc Highway Superintendent~Dean}-;-and Westpha~ia,'C~v.ic'-Association, ~attituck, for street signs (referred to Chief Cataldo.) Supervisor Martocchia reported on his meeting with the Suffolk County~Labor- Department relative to the Emergency~Emp!0yment Act signed~by-Pre~dent'-Nixon on-August--9th"to provide?,federal'~;funds for-the~payment of salaries~for lobs in governmental'sectors in areas of high ~u~mployment.~ ~ On mot±on-or-Justice-Suter, seconded by-Councilman Rich;- WHEREAS. George Al' McCarty', 190 Bay'~Avenue, Mattituck, New'York has-,made-~an appt~cation'to the~'Southold Town~Board''for''a' six month renewal of his trailer permit No. 87, located at private road, Laurel; New York, NOW, THEREFORE; BE IT RESOLVED that~George AT McCarthy be~'granted a six (6) month emtension of his trailer permit, trailer to'be located-at private road,~Laurel; New York~ Vote of theTown Board: Ayes.: Supervzsor Martocchia,'Coundilman Rich, Councitman-Valentine,-Justice Suter, Justice Dem~rest~ On-motiOn o.f Justice~Demarest, seco~ded'i~y~Councilman~Rich~ it was RESOLVED~that-Supervisor'Martocchia-~s authorzzed-~to hire William Atten as~a Temporary~'Retief Watchman~ Vote of the Town Board: Ayes,: Supervisor Martocchia,'-Councilman Rich, Councilm~n Valentine, Justice Suter, -Justice Demarest. Supervisor Martocchia advised the Board he would discuss with the Conservation Depa~rtment the question of-regu~atin-g'the taking of Blue Crabs in Town waters. On motion of Justice ,Surer; ~seconded?~ Justice~"Demarest;' '~ WHEREAS--Henry 'J. ~Smith and Ste~la- M. Smith, his wife, have made application--to the--ToWn Board~to dedicate certain highways at Peconic,- ~ew York to-be k~own'as'H~ry's,~ane and"Sound View Avenue including the 100 ft. turnaround at the northwesterly ext~rem~ity o~f Henry~'s Lance, mo~e fully described in said _petition together with release executed by the o~ers thereof, and~ WHEREAS the Highway Superintendent has inspected the said highways and has advised the Town Board that said proposed highways comply in' all r-espec~t's with ~the ~specifications ~for the dedication of high- ways in the~ ~ToWn of~~ Southol~dT~ NOW, ~REFOR~,~ BE.IT RESOLED that ~the T~n ~Cterk be and he hereby is au~thorized .and ~directed to .for~thwith cause the~ ~dedication, release and deed t~ ~be re~or~ed-in ~the office ~of the Clerk of the County of Vote of th~ .TO~ Board: Ayes: Supervzsor Martocchia, Councilman R~ch, ;~Cou~cilm~n Val.en~ne%~ Ju-s~ce Sute~, ~ Justice D~arest. On mOti~on of Councilman Rich, seconded by Justice Demarest, it was RESOL~D that the Town Board of the To~ .of S~%hold set.~r45 P.M., T~esday, .~Septemb~r~ ~7 ,-- L97-1, -~:6 South~ ~treet~;~ Green~ort,~ time a~"p~ac~ .~or;~ ~hear~ng on th~ ma.tte~ of ~e ~am~ndment .of~.an ordinance entitled "An Ordinance Regulating and Controlling the Excau~ation and Removal of Sand, Gravel, Topsoil and other Materials," as follows,~ ~to ~i-~: -- o~ -~ ~ ~ ~-~ ~ ~ - ~ - I% By amending ~Section'~ .III of said-.Ordinance to rea~ as follows-: ~ ~ ~ - ~ ~ _ ~ -~- ' ~'~- SECTI'ON~rIII, -Opera,ohs k~gulat~d~ .... ~ u No lands or other premises shall be operated or used as ~sand- and~ gra~el.-pits,- or for- the ~ca~.t~on or -o'~ sa~-d, ~3~avel,%,~oue~ or~ o~r~ miner, als% ~or ~for other excavation purposes4 or ~f:o~ the s~ipping ~or 'removal of topsoil therefrom rinctuding sod farm~g without-a ~currently ..~ef~ectiv'e permi~t~issue.d-by thee To~ Boar~ ink,complianCe~ ~with the provisions'~ of~ this' Ordinance .or unless listed ~as an exception in Section IV~_~ -~ _.~ : II..~ By~ amending.~ subdivision ~(b) of~ S~ction ~-U of said ordinance to read as follows: v~(b)~>. Excavation~ or~.removal'~o~ excess_ sand, gravel--, stone or other minerals incident to highway, sidewalk .... drive~ay, ~es~pooL; foundation or3 cellar construction- on the; same premises, including the grading of said premises, upon obtaining'-a permit ~'erefor from'~the Buitding~Inspector. III. By amendiEg subdivision (d) of Section IV of said ordinance to read as follows: (d) The moving of topsoil or other earth from one part to another o~ the same lot or ~mises'.a~ an~inciden~ building, farming, or landscaping; ~%V.~ By amending subdivision~ (e) of~Section~tU of~.said~ordinance (e) ~Remov~l o~.ex, cess topsoil or-~other~ earth fmom~;~e. area of a ~bdivision plat, or from .one area of ~such plat to another~area '-thereof ~when ~author%zed by a special order in Writ%ng vis-mued- by autbority~ of ~ T~ Board. V. By adding new subdivision (g) to Section IV of said ordinance.~to read as ~o~tlows:- _7_ ~ -~3~ ~. _ (g) The moving and/or removal of topsoil or other~ ~terial on ~premSses ~mubjeut3_to mite ~ptan~ approval the ~Town~ PTanninw Board, wRehnauthorized :in w~iting. s~ch' Bo-ard~ incidental-to ~the -approval of much~ site'.plan. VI. By amending subdivision (a) of Section XI of said ordinance ~o read~as~fo'llows~:~ .~_. ~ ~ .~ ._ (a) A filing fee of $50.00 shall be paid within the filing of an application for~a perm~-t~ requirsd~by, this ordinance. In addition to the foregoing, an additional fee o~f3~$10~.00 for~ each 500- cubic~yards7 or ~fraction .thereof, material to be excavated shall be paid upon the ~issuance of the permit. -- - .~_T.z;-By ~men-d/n~:~ct. ihn- 'XI~I~'~u of aaid ~ir~a.nce_. to?.~ead.: ~s follows:-'~-' ? -~-~3 --3~z.' -_ -~ . - ~:u:' ~~ ~:~' :?~ ~r _~ .' -~ -- ~: .~ny ~nd every ~i~atio'n: of -t~e proves, ions of -this. ordinance, the owner, general a~n~t.~ lessee or tenant of any..p~t of_ ~e :pr~is~es ~'..~whi~h sa-id ~io:!a%ipn- or any pa~.~ ~h~:eof ~a-s helen ~commi~ted or -shall exis.t ,-. .and. other person who knowingly permits, takes part, ~r a~:stis~:.. 'in any.~ck violation, shall, be gu~ilty of. a vio~atmon, - - p~ab.le :~y -~-~fi~e r~t 3e~e~n~ t$.~OQ-~O0- or 'impr-isonment not exceeding fifteen days, or both. Each day's continued · v.~o-latio~ of this ordinance shall constitute a separate. VO~ o*f '.~h.~ T~m ~oard :~ '~ ~yes] z ~perviso~r.. ~,rto~C~i~- Rich, C-o~ncil~Bm:-~l:en~n~j. Ju~tic~ S~ter,2~t-ic'e DDmar~s~:. On motion of Ju-stiee Snter, seconded by 'Counci{man ~alen%'in.e; t~i~ was RESOLED that a meeting of the Southold Town Boa:rd 8:00 'P.M.Az ~esda~Sa S~te~ t, ~ggl ~_t-~e ro~ice:.:of Sup.ervisor Albert M. Martocchia, 16 South Street, Greenport, New York,: _ Vote of the To~ Boardg'g~esr: Su~e~isor ~:~bcchia,. eoundilman Rich, Councilman Valentine, Justice Suter, Justice Demarest. On motio~~ o~ Ju~ti~ S~te~,z ~cD~-ed ~ Co_uno, man' ~a.~n~ine, it was RESOL~ ~that ~i~w~ ~n~n~n~ ~y~ O~..~ ~D.ean be au;tho~ized to athen'd" ~ Hig~y -~up~i~t~ent':s .C_on~e~nc.~tat-,CQ~e.rsto~, New Yo~k':~~em~~ 20 ,-z ~2:~,u.~2, -~d ~-ri~t fur~hzem: ~ -- _' '_ RESO~D _t~t ~tbe. a~tn~% ~ant~ ~cessary::e~ns~-s -to _travel':,:: meals, and lo~i~gt in~rr, ed~ whirt~tend~g said-conf.e~ence~ be .a_ it, egal charge against the To~ of Southo'td ~ -- '~:' · - Vote of the To~ Board: Ayes: Supervisor ~rtocchia, Councilman Ri~, ~nc~t-lman _-Vale-ntis, Just-ice Surer,. Justice Demarest:. On -motion '~f Conn~i~l~n zVa,t.e~tine,~~ seconded by:. Council'man Ri.cb,' it ~s - .?. r :- . RESO~' that a' r-ec-~s be :trolled, ~eeting to~ reconvene-at-.5:00 Vote of .t~e:,Town ~oard: Ayes:. Supervisor Martocchia, Councilman Rich, Councilman Valentine, Justice Suter, Justice Demarest. Recess at 3:40 P.M. On motion of Justice Suter, seconded by Councilman Rich, it was ~SOL~D that General Bills in the' amount of $9,81-0-~00:; Fis.hers Island Ferry District bills in the amount of $~t~,:2(36;.~73-;.: H~ghway. Department bi~lls ~i~ ~ke amon~' zof: ~, ~2~c70 ~ Special ~District bill~,, in th~ -am~nt: of .$~,~.7:28.~63 ;. ~d' Capi~tz kc~-ount- b~llsr in the amount .~-$t-,~6~9.01 ~e- ~d :the .~e a~r hereby ordered ~paid. Vote of the To~_~rd.:: ~s: z Su~vi~ ~rtoc~chia, _CD.u~cil~an Rich, Councilman Valentine, Justice Suter, Justice Demarest. On motion of Councilman Valentine, s-~ondt~d: b_~ Co~ncil~n Rich,:-_. RESOLED tk~t~a-~r~' p~.~ic h~ar. ing-held~y~he To~-Board of the To~ oft. Sou~hotd ~n ,~e'rlz0.~h day'.:of August %9:7-t,- the Sou%hold To~ Board -duly ~op%m ~h:e f'~tlo_wing ~mendments' to* an~ ordinance ?entitled "Boating Ordinance of the Town of Southold" as follows: I. By amending Section 4 of said ordinan'ce to read as- ~ . follows :. ...... . c._n . '- SECTION r~.'.~ Sanitation, _~-:- The d~pi~g '~ofoil-,' refuse, g~bage, sewage or waste is II! By amending Section~8 of said ordinance by adding thereto a new subdivision to be su~d~ision~ (c) to read as follows: (c) No boat propelled by an internal combustion engine shall be oPer~ate~ oq~;.an~inland fresh waters in the Town of Southold, except in emergency or rescue operations or by peace officers in the performance of their duties. I:II.- By amending, Sec~pn 11 g~ sa~id~ordin~ce ..to.read as follows: SECTION 11. Penalties -Any person who violates any provision of this ordinance shallr-be guilty of a .violation and upon conviction, shall be subject to a fine .of not,more than.$500.09.0~ imPrisonment for not more than 15 days or by both such fines and imPrison- ment. Vote Of the Town Board: Ayes: Supervisor Martoc~hia, .Councilman Rich~Co~ncil:man .V~l~tine, Jqsti~e:Suter, On motion of Justice Suter, seconded by Councilman Rich, "it was RESOLVED,.that Supervisor. Mar~occhia be and he hereby .i~ authorized to sign a five (5) yea~ renewal lease at.$~.00 per year with Harrison Demarest, for a beach front parcel at Orient, New York. Vote o~ the Town Board:- Ayes: Supervisor, Martocchia,.Councilman ~ich,-C~u~cilman~Valentine, Justice .Su~er,..Justice. Dema~est. On motion of Justice Demarest, seconded by Justice Suter, it was RESOLVED that the Southold Town Board meeti_ng be .a.~;jqumned. at, 5:30 ~,-M.' ~ Vote of-t-he!~own. Board: ~Ayes-: Super,.v,.iso~,Ma~qcch~ia, Councilman Rich,. Councilman Valentine, Justice Suter, Justice Demarest. Judith T. Boken Deputy Town Clerk