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HomeMy WebLinkAboutTB-04/20/1971397 MEETING OF ~J~RIL 20, 1971 ~ The South61d Town Board met at the office of Supervisor Albert Martocchis on Tuesday, April 20, 1971 at 7:30 P.M. with the following present: Super~isor-Martocchia, Councilmen Rich and~Valentine, Justices Suter and Demarest, Town Attorney Tasker, Supt. of Highways Dean, and Town Clerk Richmond. absent: Justice E. Perry Edwards. Moved by Justice Suter, seconded by Councilman Rich; RESOLVED: That the minutes of April 6, 1971 be and they hereby are approved. Vote of Town Board: Ayes- ALL. Moved by~C0uncilman Valentine, seconded by Justice Suter; RESOLVED~ That~the next meeting of the Town Board will be held at the office Of'.!the Supervisor Albert Martocchia, 16 South Street, Greenport, N.Y. on May lI; 1971 at 3:00 P.M. Vote of the Town Board: Ayes: Supervisor Martocchi~, Councilman Rich, Councilman Valentine, ~ustice Suter and Justice Demarest. Moved by Justice Suter, seconded by Councilman Rich; WHEREAS-, The Town Board of the Town of Southold advertised for bids for the operation of the refreshment, stand and facilities at the Town Beach on Ma~ch t'9, 1971, and WHEREA~S-~ ~fter study, it was recommended that the bid of Custodia Brandi of $700~00 per annum be accepted by. the Town Board of~Southold, N.Y., NOW, THEREFORE, BE IT RESOLVED: That-the Supervisor be directed to enter into a contract with Custodia Brandi for the operation of the Town Beach Refreshmeht Stand an~ Facilities for a period of ,five (5) years in accord= ance with the corredted terms set forth in the specifications prepared by the Town A~torney. Vote~f the~ Town,Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Valentine, Justice Suter and Justice Demarest. At 3:00 P.M. on March 31, 1971 in accordance with the notice pu'blished accor~d~i~g~t.~ law, bids ~e~e ope~ned for the S~thold-~o~n Poli¢~Buildi~g. The following b~ds were S~bm~tted as follows: ...... ~. John McMahon & Co., Yaphank Russell Nowak Assoc., Wading River George ~Ahle~cs,.'Cutchogue - ' Gerline Contracting Corp., Bayport Farley Labs Inc. , Babylon OhtSo~h'''& Giangrasso, Babylon Mo~schel~ Shse% Metal, Mattituck ~2 ~2 ~2 ~2 5% Bond $ 78~500.00 1~% Bond 78,780.00 5% Bond: 78~301.00 $5000 Bond 96,000.00 5% Bond 83,998.00 5% Bond 8.5,231.00 ~563 c._C~heck ~.~. 11,250.00 Soulth~S~ore~,Refrigeration:Inc.,~.~e ~70~ C~ Check 14,O86.00~ TO%%~.~'A~i~ Cond.~, ~c.,~ Deer ~ark :~O~-Bond '~ .~10 ~00.00 C~b%~;et Cooling & H~g.,~Jamespor~~ ~ ~5% Bond' 11 495~00 $3 Matt.. Plumb. & Htg. Corp., Mattituck $386.50 C. Check $4 Thelcb Elect. Contr. Inc.., Hauppauge ~ 5% Bond $4 Hinck Elect. Inc., Islip Terrace 5%~Bond 7 730.00 22,750.00 16;990.00 ..... Total =- 113,620.00~. Moved-by Justice Demarest, seconded by Counc~lman~ Valentine; ~HERE~S,~ ~eerge Ahlers, has requested his bid-be 'with:drawn for;the bu~ild- ing of the Police Building, due to union trouble, stating it would cause trouble for himself and delay for the Township; RESOLVED: That George Ahlers be and hereby is granted permission-to With- draw his~id.- Vote of t.he, Town Board: Ayes.: Superwxsor, Martocchia, Councilman Valentine,-Councilman. Rich, Justice De~marest. No: Justice Suter. Moved by Justice D~mar~st; ~seconded-by Councilman. Rich$ WHEREAS..-t~e~,rd repo~te~ ~ha.t the next~owest bid on t~e ~Po~ice Build- ing W~s:-~ubmit~ed by John~ McMahon & Co., Yaphan~,. N.Y., NOW, THEREFORE, BE IT RESOLVED: That Albert Martoc.chia, Supervisor, be and he hereby is directed to enter into a contract with John McMahon & Co. f6r the building of a police building as advertised at a- cost. o~: $78,5OO.OO. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rihh, Councilman Valentine, Justice Demarest. No: ~ustice Suter. Moved by Justice Demarest, seconded by Councilman Valentine; WHEREAS, the Board reported that the lowest bid on the Hearing, Ventila- ting and Air Conditioning for the Police Building was submitted by-- Total Air Cond., Inc., Deer Park, N.Y., ~-c~ ~,~ NOW, THEREFORE, BE IT RESOLVED: That Albert Martocchia, Supervisor, be and he hereby%.is directed to enter ~nto a contract with.Total Cond., Inc.~ Deer Park, N.Y., for the hea~lng, ventilating,,and -conditioning~ the police building as advertised at a cost of $~!,400~00. Vote of the Town Board: Ayes: Supervisor Martocchia, councilman Rich, Councilman Valentine, Justice Demarest. No: Justice Suter. Moved by Justice Demarest, seconded by Councilman Rich; WHEREAS, the Board reported that the lowest bid on the Plumbing and Sanitary Work for the Police Building was submitted by Mattituck Plumbing and Heating Inc., Mattituck, N.Y., NOW, THEREFORE, BE IT RESOLVED: That Albert Martocchia, Supervisor, be and he hereby is directed to enter into a contract with Mattit,u.ck Plumbing and Heating, Mattituck, N.Y. for the plumbing and- sanitar~yT- work as advertised at a cost of $7,~30.00~. Vote o~ the Town Board: Ayes: Supervisor Martocchia, Councilman Valentine, Councilman Rich, Justice Demarest. N~: Justice Suter. Moved b-y Justice Demarest and seconded by Councilman Rich; -.~-- WHEREAS the Board reported that the lowest bid on the Electrica~l Work for the Police Building was submitted by Hinck Electric, Inc., Islip,Terrace, N.Y.; NOW, THEREFORE, BE IT RESOLVED: That Albert Martocchia, Supervisor, be and he hereby is directed to enter into a contract with Hinck Electric,Inc., as advertised at a cost of $16,9.90.00. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Valentine, Justice Demarest. No: Justice Surer. Moved by Justice Demarest, seconded by Justice Suter: .~ RESOLVED: ,That a public hearing will be held by the Town Board of the Town of Southold on the llth day of May, 1971, at the Supervisor's Office, 1~6. South Str-eet, Greenport, New York at 3:00 o'clQck of said day upon the matter of the application of Long Island~.Light- ing Company requesting the granting of a-right., Franchise~ perm~ssi.on or consent for the use of the streets, highways and public places o:f the Town of Southold or any part thereof or the space above or under them or any of them for the purpose of erecting, maintainisg and operating electric and gas facilities. Vote of the'Town Board: Ayes:, Supervisor Martocchia, Councilman Rich, Councilman Valentine, Justice Su-ter, Justice Demarest. Moved by Councilman Valentine, seconded by Councilman Rich; RESOLVED: That on the Certiorari Proceedings, Mr. Joseph Lite appeal before the Hon. John P. Cohalan, Jr. on Monday., April 19, 197t~ ,and the following cases were marked Settled: Be.ling, Corwin, Bennett, a~d Raymond, Greenpor% Play House, and further RESOLVED: That the Board approves of the action of Joseph Lite on' t-his case. Vote of the Town Board: Ayes: Supervisor Albertson, Councilman_~ R~ch, Counc&lman Va~entine~ ~us%ice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Valentine; RESOLVED: That the following Ordinance was passed by the.Town Board: "An Ordinance to p~o~vide for a partial ta~ exemption of real prop.e~ty owned by certain persons with limited income who are 65 years of age or over, pursUant to Section 467 of the Real Property Tax Law of the State of ~New York." as~follows, to wit: 'Sect~nll. Real property owned by one or ~ore persons, each of whom is si×ty-fi:~e years of age or over, or real property owned by husband and wife, one of whom is sixty-five years of age or over, shall be exempt from town taxes 'to the extent of fifty per centum of the assessed"valuation thereof. : Se~ti0n 2.--No exemption shall-be g.ranted (a:): If"the' income of the-Owner or the combined income of the owners of the property f6r the:income tax year immed~atel'y:preceding the daCe'of making3applicatiOn f~r exemption exceeds the sum of five thousand dollars. In~o~e'tax year shall mean the twelve month period for which the 9wner or o~naer~ fil:~d a federal personal' income tax re'turn, or if no such return is filed, the Calendar year. Where title i's ~este~ in either the husband or the wife, their combined income may not exeee~ such .sum. Such income'shall include social security and retirement benefits, interest, dividends, net rental income, sal'ary or earnings,~and'-net income from self- employment, but shall not include gifts or inheritances; (b) ' Unless the title o'f the property shall"-have been vested in the owner or all of th~ owners'of the property for at least-sixty con- secutive months~rior to the date of making application fo'r exemption; provided, howeuer, that in the event of the death of eitker a husband or wife i~'whose name title of the property shall have been vested at the time of death ah~ then becomes vested solely-in the survivor by virtue of d'evise by or descent from ~he deceased hubband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership by ehe survivor and such ownership shall be a~emed continuous for the purposes of computing such period of sixty consecutive months and provided further that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and takeh by eminent domain-or other invoTunt~ry..proceeding, except a tax sale, the period 'of'ownership of the f~rme~'-:prope.rty shall be combined-with the period or, ownership of the property for which application i.s made for exemption'and:-such- per.iods-of Owhership shall-be deemed-to be consecutive for purposes of this ordinance; (c) 'Unl'ess the property i~s~'~sed exc.tusively for residential purposes; (d) Uhl'~ss the real'property,'is th'e' legal-','residence.of and is occupied in'whole or-'in part by:'the owner or by~all.of the owners of the property~ ...... Section 3. Application for such exemption must be made by'the' owner or a'l'l~Of the-owners of the-property, :'on~'forms Prescribed,by' the state board to be furnished by the appropriate assessing, authority and shall furnish the'inf, ermation and be executed in~the~'manner, required or prescribed ~n such forms, and shall be filed in"such:assessor.'-s office-~- on or before-the-appropriate'taxable status date~- Section 4. At least si~ty days prior to~th~app'r~pr~ate~taxabte status date, the assessing authority shall mail to each:person who was granted exemption pursuant-to this 0rdinance~-on the ~atest C0mp~eted assessment roll an application form and a notice that such application must be filed on or before taxable status date:ahd?be approved in order for the exemption to be granted. Fail%re-~to mail any S~ch'application form'and~notice-or the failure of such person~to receive-the-same shall not prevent the levy, collection and enforcement of the--~payment of' the taxes~on property o~'ed by-such person~ Section 5~.~ Any c0nviC~.ion-bf having made-any'wilful fa,~se-:statement in the'application for such exemption, shall~be punishable-'by a fine of' not more than one hundred dollar, s an~ shall disqualif~ the applicant or applicants from further exemption-'fer a peried:-of fi~e~years. Section~6. This ordinances-shall take effect immediately. Dated: April 2©, ~97t~: - - ~ ' - Vote of the Town Board:- Ayes: SupervisOr'-M~rtocchia, ~ouncilman Rich, Councilman-Valentine, Justice Demarest, J~sticeSuter. ' Moved by Councilman~Rfch, seconded b~'Justice:Suter.; ~ - GRANT OF SCENIC EASEMENT ~ "--'- -? - ' 'THIS INDENTURE, made this 9th~day of Ma~ch, 1'971~. by-and b~tween~ THE TRUSTEESZOF-THE PROPRIETORS'OF THE COMM©N3AND':UNDiVI.DED ,~ANDS OF THE TOWN OF SOUTHOLD, A Corporatioh with offices, at Main Road (no-number)' Southold, New York, ("~the'~rantors"), sometimes hereinafter called:the~ 400 "~ommoners.," and~the TOWI~ OF SOUTHOLD, a Municipal Corporatiop of the State of New York; having, its officDs at 16 South Street~ '~r~engort~,._ Suffolk County, New York, (the~"Grantee")~ ~ WHEREAS~..the grantors are.the owners of .seve~at parcels of land consisting of several meadow islands in the channel of East or Euge.ne's Creek at Cutchogue, ~own of~.So~%ho~d, Suffolk .Coun, ty, New ~ork~- · b~t~ A ; sho~nand des~gnated,~on .a map annexed hereto and marked Exh" ~n.d hereinafter referred to as ~he "premises:" and ~. Q WHEREAS, said premises constitute an area of. natural sceni~ beauty whose ~existing. openness, ,natural condition, o.r pr, esent states-of use., if retained w~uld enhance the present or potential value-of abutt~inq and.. surrounding properties~-and wouldmaintain or enhance the conservation of natural and scenic resources; and WHEREAS, the grantors wish to qrant a scenic-and~ conservation easement, to~.the .grantee upon the .premises; and-~ . : W WHEREAS, the~grantee.~ deems i.t to be-in the .public .interest to acquire: interests or r, ights .in r. eal..properEy for the preservat*ion of open~ space--and a.reas to preserve:the beau~y.~and na~urat conditions of estua~ine areas in the Town of Southold; and WHEREAS, Section- 247 of the General Municipal~Law of the State of New York ~rovides :that mu,nicipa-lities, including Towns, may acquire the fee or a lesser, interest, deuelopment right, easement convenant, or otherccontractural riq-ht, in_ and to real property necessary~to achieve· the aforesaid purposes; and WtlEREAS, the grantee, -in furthsrance~of the~.above~p0i.i~y._and in accorda~nce with Sec.tion 24~7 of .the General Municipal Law wishes to accept..the scenic and-conservation easement hereby proffe~ by the WHEREAS,-.a public hearing~ was held by the Town Board of the:.Tov~ of Southold, after due notice thereof, with respect to the terms and conditions embraced herein, at which~public hearing al. 1 interested persons were given an opportunity to:be heard; and-. NOW, THEREFORE~ in consideration of ONE ($1,00) DOLLAR. and other good and valuable considerationppaid by the grantee to~ the~gra,ntors, the receipt~of which ~is hereb~ acknowledged., this agreem~r~witnesseth that: ~ ~ .... - 1~ ~The Grantors do~hereby~donate, grant~ transfer a~nd conve~. to the Town of Southold a scenic easement in gross, of tha nature, character and to the extent hereinafter set forth over and upo.n~the premises; 2. The nature, character and extent of the~easement hereby. granted.~is as follows: . · (.R) No~ dredging, excavating or~la~d fill operations .shall be authorized~or permitted ~n. or on the premises; ~ - (b) No permanent buildings or structures.shall be 91aced~ or erected on.the premises; ~ ~ (c)-~ .No development of~any na.ture whatsoever shall be permitted on the premises or in. the waters or ~ands under water adjacent thereto; ~ .~ (d) The grantee and its authorized agents shall have the~ right-of ~nspection of.the~premises at-any time during the term hereof. (e) The premises shall not be used or-permitted to bemused as a public par, k. (f) No sand, gravel, or other material,_except, salt hay, thatch, seaweed or.drift shall be removed from the premises, nor shall any sand, gravel ~or other materials be placed upon:6~e~p~mises. :3. The~nature, character and extent of limi.tations on the within grant or-easement are-as follows: - - ~ ~ ' - (a) Notwithstanding the provisions he~eof, the premises shall remain in the exclusive possession of the grantors%~ (b) Ail right, interests, and priviledges of the~gran~ors inathe premises not her~ein, specifically donated, granted, transf.erred and conveyed shall remain and reside with the grantoms. 4. This agreement may be cancelled by the gra-ntors~upon~.~:sixty (60) days written notice:~o the grantee:and~pon payment to the grantee of a sum equal to three times-the difference between the amount of real estate taxes pa,id or assessed ag,ai~st the pr~emises and the amount of real estate taxes %hat would be assessed against the promises had the premises not been burdened with the provismons of this instrument, both~ computed ink-the tax year in which the cancellation shall take place. Upon :,~a~nt~ of Such sum.~ ~th.e grantee~ shall execute and deliver, to the g~rantors ~-~release. of easement instrument .in _recordabl~ .form. . 5. In.the event that the gran~tors desire tckdepose of th~ pr~emises o~ a~y party thereof, 'during the term-of this. agreement, or any renewal or extension thereof, by sale, ~ift, or otherwise, the grantors shall give the ~grantee 30 da~ys notice of~ .such propose~ ~dispgsition and~ the %~r~s" thereof. The grant~ shall~ ~awe the firSt~ o~tion .to acquire the prem~ses-~within said .thirty (30) ~ay period on ~the same~ terms as any Shc~ ~rop~sed disposition. - .... .6~... ~e~ failure ~ the g~ante~~ to. insist upon the strict pe'rformance of a-ny~o~ ~h~. terms, conditions, covenants or ~estrict~ons cQntain~ herein, shall not be deemed a waiver of any subsequent brea~.h or~ default in t~ertermS, ~nditions~, covenants,, o~ rest~ic~tions 'contained .herein. ~ ~7~ ~tf the whole or any_ part of .the pr~emis~s shall be~ condemned or taken-by~ eminent ~domain, ~then.this agreemen~ shall forthwith cease from the date of title vesting ~n such proceeding. In such event the grantors shall ~e required to pay no penalties, ~or shall the value of the ~emises be l~mited by this easement, .no~ shall any. pa~rt of any ~ a~d~.~long~ ~to the grantee.~ ~ ~ 8. The grantee covenants that to the extent legal~y~ perm~ssable the valuation p~aced upon the .premises~ for purpDseS~of real estate tax- ation will be limited by the restriction of this ~ce~ic easement in~ accordan~ with Section 2~.7 of the General Municipal Law of the State of New Yor~ ~- ~ · 9. ~AL12 of ~the covenants,~'~con-ditions, ress~vations~ -restrictions, easements and provisions of this agreement shalI continue and remain in effe~~ until the 31st day of Dece~er, 198t, at which time all ~f the proviSiOns ~hereof shall b~ ~automatically e~t~nded for successive periods- ~0~ ~(~)~ year, ~un~ess on or before the 3Oth day o~ September, 1981, or 60 days prior to the end o~ an~ 0f ~c~ ext~n'si~n' per~ods,_ - either Par.ty~.~hereto shalT~be wri~tt~ i~trUment ~du31~ ~ecorded duly recorded in ~h~e Suffolk Country C~erk'~s~Offic~ de~e~in~ to termina%e - 10. The burden of this easement shall run~ with %h~e land~ an~shall~ be bind~ing ~po~n the parties heret~o,~:~nd thor succsssors and assigns. Vote of? the~own Board: A~es: S~pervisD.r ~t~Cchia, Counc~Tman~-Rich, Councilman Vatentine,~Justice Dematest~Justice Suer. ~ ~ ...... Moved~by-J~%ice Dem~e~, ~sec~onded by Justice Surer; .... ~ '~ ~ ._ GR~ OF SCENIC~AND~:CONSERVATTON'EASE~NT THIS INDENTURE made byis 9~ day of~'~March 19-~'1~ ~b~ a~bet~een the TRUSTEES OF THE PROPRIETORS ~ 0F ~E ~ CO~ON~ A~ U~tVIDED~ .~NDS OF THE TOWN OF SOU~OLD, a corporation with office at Main Road (no nu~be~r) South~ld, New -York ~-~ (the f'~g~an%ors 'L).>, s~met~imes hereinafter ~ lled "The Commoners," and the To~ of Southold, a Municipal Corpora~tion of the .~State~ of New Y~rk h~uing .i%s ~office~ at ~16 Sou%h Street, Greenport, Suffolk~ ~C~.un%y, New ~ork'~, (the~"g~antee'~) ,~ '~ ~ ~EREAS, the grantors are the owners of a certain parcel of land cnnsisting ~of eighteen and ~e-half (18-1/~2) ~cres, mor~or l~ss, of beach and meadow adjacent to Litt~e~.C~ee~in~he-'~am~t~et Of Peconic, To~. of Southold, .Suffolk .County, ~N~ew York, _generally ~unded northerly by la~nds now or formerl~'of Kull,~Horton and ~others~ easterly by Little Peconic Bay; southerly by lands now or formerly of ~Standle~ and Scheel, and wes%e~ ~y L~.ttle Cr~ee~ said~lands bei~g~ shown and ~d~Iimeated~ ona certain map entitled "~p of Land,of ~he~Co~oners at_Peconic, Town of South0l~, New York," made by-~Uan~Tuyt & .Son, ~Licensed .~nd Surveyor, Greenport~ New York,- dasd Fsbruar~, ~19~1, a copy~of~wh-ich~ is annexed' hereto a~d~ made~a par~% ~e~eof~; ~ich said~lands ~.are~hereinaf~te~ ref~erred to as t~'~p~em~es," ~nd ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ERE~S, said pr~mises c~nsti~u~e~ ~n ~.~rof n~tura~l s~nic ~beauty and Whose ~exi~sti~g~ o~enness~-natura~l~ co~-dition, :~or~ ~resen%~ ~.~a~te ~of use, if ~etained wou~ld enhance th~ pre~nt or poten-tial- value ~of abutt~ing and surrounding properties and would maintain or ~nhanc~ ~e conservation ~of natural and~.s~n'ic~.re~ur~s;~ a~ - :- -:~ ~ -~ ~ -!~' ~-~ ~ ~ ~EREAS, the grantors wish to grant a s~en~c~a~d ~coD-se~va~tion~ea~e- men% .%o -t~e ..~rantee upon'the '.-pre~es~; ~ and~ z ~ s., ~; ' ~E~AS, t~ .gran~ee deems it to ~.be ~n ~he public in%~est to-. 'acqure interest or.~rights ~in~ rea~I..'propzerty for ~preser~ioR~ of. ope~. spaces and areas ~ p~eserveCth~: ~auty a~d-~natura~ conditions ~of 'es~rine areas in the Town of Southold; and WHEREAS ,. :Section 24:7: .o~f the -Ge~_ne~acl-_ Mun-icip01~ Law- of ~.th_e ~.ta:~t:e New York pro.vides ~that mun:lclpa z<tees, including: Towns, may--acqui~re the fee o.r~ a ~lesser interest, de~e~opmen~t: ~ig~-t_;~ ea~.~ment, ~covena.~ or o~er contra.ctua~ r~gh.t in ~ ~o reaL~proo.~ty~neces_sa.ry to achiev~ ~the ~afore- said p~rposes; and ~E~AS~- ,th~ .grantee.,_.~in~ f~rth~rance of the .above" poli~y~a~-qin accordance~ wi~ Section 243~ 0f -~ ~GeneraL Mu~zc~pal Law wis~h~ ~to accDpt the scenic an~ c~.ser~atio~ ~.sem~t her~b~ p~offered~ ~by ~he~ 'gra~rs~, and ~E~AS, a public hearing was held by the To~ ~oar~d of:~the:~own Southold::af~er:-due. notice thereof,. :wi-~ resp~t to. the =terms and .c~nditions embraced" he.rei, n,.: at whi~ p~ic he. aring a~l intarest~ed-~ersQns =were given- an opportunity ..to'be hea~d~ ...... .~ . ~ ~. -_ .~:' ~ ~ ~': NOW, THEREFOr, ~n coRfiideration .of ONE ($1~0D~) DOLLAR good and- valuable considarations~ paid by the gr~t~e to the grantors, the receipt of which is. hereby~-acknowledged, .th'~ .agreement: w~tness:~h 1~. The' grantors~do hereby donate, g.~t~ ~tra~nsf~r a~n~--~nvey to the Town of~ .South~d~, a scenic ~nd_~co~ervatiOn ~e=asement ~i-n~ross, of the nature, character and to the extent herei~na-fter set forths,~ ~er~ and~ upon-the premises. ' ~: . ~ .The na%u~e-,.~ .ch.aracter~ and-: _extent of:.the, easeme~ granted i~' as follows~ , . ~.. ~ .... - - ~ -~ '. .... (a) .No .~edging:,,.:exdavat~in~, :0~. land .f~ill shall be authorized or permitted in or on the premises excep~i.ng %~t the e~sti.n~ ~dredged channel o~ Lit%le .Creek may~ be deepened, .-upon approual of the Southold To~ B~rd-mf Tr'ustees an~ ~the. Sou~h~l.d T~w:~.::. ~ard.~ _Such .c~annel deepening, .shal~ not~ h.o~e~er, ex,enid-beyond- the limits'..of tke chan~el :as shown-on t~e ,annexed: map. ~In the~ '~-ent said channel is-deep,ned, alt off the spoil-materia~l:.th~refrom~'~ha:~l ' be used .%'o_raise the ~rm:.a-f the b_e~h;_::- - . -: -~ .: :~ t - . ~b): Exc:ept :as..p~ovided in~ paragra:ph 2 (c) no develp-:. ment .of any kind shall, be permitted nor ~shall any. commercial use made of the premises including the beaches or underwater lands ~djacent to the _premises; (~) ._ .E~cept '~for-.the ~erect~ion of~ duck blinds :to pro. j~ct not 'more than two (2) re-et abo~e ordinary ~gh water,, ito,.,rema-in on ~:' the premises only ~ur:ing %h~ .pe~mi~te'd; hunt-ing seas.~., no_ bu..ildi, n~ or structures shall be placed or erected on the prem~s, nor shall the premises be used or permit~ted to_. be used as a .pubLic .beach-.or _par~. :. (d,) No- graveL, S~.'peat',~..or o~theD'.material, except salt hay, thatch, seaweed or' drift shall be removed from the-lpremises, nor shall any sand, ~ravel or other materials be-:pilaced upon .the ~ u - - premises; : 3 _ ~.. . '- _ .. . _ . -.- (e) No roadways or driveway: shall ;be constructed on the premises;. -.- .~ (f.) The grantee and its .authori.zed a.gen%a shalL.h~ the right or inspection of the pr~mis.e.s fi~-any and :all times during-. the ~rm.hereof. .-.- . - ~:. · .... - .... - . .~:~ ~-: ~' 3. The nature, characte~ and extent of Limitations on ~e within grant of easement, are as ~ol:lows: . - :~ .:.. _ . .... (a) Natwitkstand~g ~the ~prov-ision~ hereof,~ the pr~emises shall remain at .-a~l 'times in, the.exclUsive pos. ses~s-ion .0f ..the.,.g~ran~o.rs. (b) All~ rights, interests ~a~d. privileges ~f the gr.aDtors in the .premises not herein specifically donated,, gra.nted, tra~sf.e, rred and con~eyed shall .remain. and reside .with .the gra~to:rs. -~ : . : ~_ :4~. ..Tbi.s agreement ma.y:-:be cancelled by the grantors upD~ 'sixty (60) days written notice to the _grantee la-nd~Ron payment_to~.:the- gra.ntee of a sum'.equal .to ~three :times the-.di.f~f~ren~ce be:twee:n the~ amount of real estate taxes paid or assessed against the premises' and the .amount of real .estate- taxes that would be ~ssessed aga:inst the p~emises had the premises ~not. been burdened .wi:th. the p:ro~%i~ions of this :instrument,. both-cDmputed, in _the ~tax year. :~ wh~.ich.~the~ -.- cancellation shall take pl-ace. Upon payment of such sum,-.the gran~e~ shall execute and deliver to the grantors a release, of ~eas~men~t instrument in--recordable~.~m. ~- ': _. - .... [ ' - ..... 5. In the event that the gran-tors desire to~s.pose-Of .the .premises,: ~r~ any p~t ther.eof, during the term -of th~s ~agr~eme~n~, .or any...rene~.l' or extension .t~ereof, .by sale, gift, 'or.'otherwise,. -grantor sha:L1 give the grantee 30.-da'ys notice of such pr_qPoSgd =~._~. di~posit~i0n,.and~the terms thereof.~ The grantee shat~ have the first option to acquire the premises with.~said thirty'.(~3~0)-day period on the same terms as any such proposed disposition. 6. The failure of the grantee to insist upon~the strict perfor- mance of any of the terms, conditions, convenantsr~or.rest~ictions-contained herein, shall not be deem~ed a wa~iVer of any subsequent.breach or default in the terms, donditions, ~convena:nts-'Or:restriction~':~?contained h~rein- 7; ~I'f th~ WhoI~-or any part~ of~ the~ premises shall be condemned or taken by eminent~doma~n, then this agreement ishall forthwith cease from the date of title vesting ~n such proceeding. In such event~'the grant~rs shalI'~e ~eq~i'red'~to pay no pe~al~ie-s~,: nor..sha~ll t~he val'ue :of'-the/~premises be limited by this easement, nor shall any':~a~t of any award.belong to-'the grantee. ~ .... :' ' - .- ::~ ~'-~ -' : ' 8. The grantee 'covenants-that to. the ext~nt legatl~.permissable the valuation placed upon the premises for purposes of real estate tax- ation wxll be limited by the restriction of this scenic easement' ~n-'-~accord- ance-~ith-Secti~n 247 of the Ge~e-ral Municipal La~'.of the State of New York; ':~ 9~ ':AtI of the'covenants, conditions, reservations, restrictions, easements and provisions of. this agreement skall'continue and remain in effect until' the 31st day of 'December, 1981; a.~'~hieh time ati?0~-the provisions here0fshall be automatiCally.extended-for s~ccessive pe~iod.s of o~e (1) year,-unless on or'before';the'.30th da,y of September 188~, or 60 days prior:-~to the end of any such extension periods, eithe~ party hereto Sffall by:written instrument.duly recorded~i,n the S~ff~lk County Clerk's Office deter~e~to'termin'ate the s~me~ ' - ". 10. The burden of this easement shall run with the land and shall be binding upon the p~rties' hereto, and their successors and assigns. Vote of the Town Board: Ayes: Supervisor Martocchia,~ Councilman Rich, Councitm~Va~ent~ne, JustiCe"S~ter~ Justice'~Demarest. Moved by:COuncilman"Valentine, seconded~by Councilman'-Rich; W~EREAS, A. Gordon & Lucy J~: Ahman requested a..change'-of: zone'.on Fishers Island, N'.Yd from "A"':Residentiat & Agricultural:District'go"B~2"'~ Business District, .d~te~-P~bruary 22,'-1971, and. W~Fd~3~S, W; Gordon Ahman has requested his application-be'.withdrawn%in writing, dated April 7, 1971, - ~ NOW; THEREFORE~ BE IT RESOLVED: That Gordon Ahman!s~request~be granted. Vote of the Town Board: 'Ayes: SuperVis~r~-Martocchia,.Couneilman[Rich', Councilman Valentine, Justice Demarest, Justice Su~er. Moved by ~Justiee Suter,<~seconded.~by Councilman-..Valentine; WHEREAS'FisK~rmans Beach-Associatien, Nassau Point,. applied to the:ToWn Board for financial assistance in dredging the entrance of creek, NOW, THEREFORE, BE IT RESOLVED: ~That SUpervisor Martocchia be andhe hereby is auth6rized~to contribute half of-the t~tal~'cost up to but not to exceed'-the~.sum of $475.0'0 toward the cost 6f 'dredging the'~entrance of the creek. - - - - ~ Vote of the Town'Board: Ayes: ~Supervisor Marto~chia, -~COuncilman'~Rich, Councilmah Valentine, Justice Su~er, Justice Demarest. Moved by Justice Surer, seconded by~:COun~ilman .Valentine~ RESOLVED: That the Southold Town Board accept bank books and withdrawal slip of $59,504.39~as-reeommended by the Southold-~oWn Planning Boa~d~ for roads,-,'~Lrainage~'-&ndother<improvements,~approVed 'by Constr~tion Engineer and Highway Superintendent, in :the 'subdiVision,known as Leeward kc~es, d~velop~d~by.-:Leeward~-Acres, ~t~c. :VOte off.the ToWn Board: Supervisor'.Martocchia, Just~ee~Dem~reSt, Justide~Suter~' C0uneilman Rich, Councilman Valentine. Moved by JuStice Demar~st, seconded by.Justice Suter.; - WHEREAS G~S Schad' has-appli~d:t~ the Town, of Sou%ho~d %n the maSter:of: the grant..of a.S~eniC~EaSement-~onsi~ting 0f'a~parcel:of land containing 16.788~aer~s, ~tuated-~n'-the n~rtheside ®f'North 'Road (RoUte 25)~near- Greenport, in the T~Wn~of Sout~old,~'S~ff~lk:~C~u~y~".New' York; -~' - ~. NOW, THEREFORE, BE I~ RESOLVED: That a public hearing will be held by the Town Board of the Town of Southold, Suffolk County, New York, the Supervisor's Office, 16 South Street, Greenport, N.Y., on the llth day of May 1971 at 7:30 P.M. on the abovementioned scenic easement. 4O4 Vote of ,~he~ T©wn. Board~:< ,Ayes.:- Mr,. Martocch~a,.C~unci~lma~ Va~n~i~e, Co~ncilman..Rich, .Just~ice Sute~, .~us~i~.De~a~es~-~ ~ ~ ~u .c~.~= Mo~e~ b~ Justice DCmatest,.~seconded.by~ Co~nc%lma~Va%e~ne;~ RESOLVED: That...the following conditions an~ ~estr%ct~pns-~e.~la~qe~hQn., the selli.n~ and~.tak~ of-~ill':fugm.-T~wn DisPo$~-~a~- Operating ~on~t.yon. Mo~day-~and ~hu~ay~e~eek~f,rP~i9>~QO3 A~.~.~to~3~O0,P.M. No mo~e= than 150~ e,~u~ic.=~ards ~be=.so!~to ,a3ny o~e ~p~rson per week, per site. Loeat~ion.of..placing ~f~fil!~n~ticket. - ~_ ~ ~ - . . . FUR~ER RESOLED: That_~e.~cos~ pe~._c~%~CYa-r.d,~e 7~5¢ ~%us?.~a~as qf April 21i 19,7-1. Ayes.: · . ~ .... ~ Vote of the To~ Board: ./Supervisor Martocchia, Councilman Rich .... Councilman Valentin~e, .Ju~%ic~Demaues~t,~ust~e~u~e~ Moved by Councilman Valentine, seconded by Justice .Demares~ ~ ~E~, a~peti~ion was received from ~F~ank~yn Born, T~as.,~Casbor, Inc., Mattituck, ~.Y. requesting a change of zone of certain property in ~ttituck,~.~.Ne~York>~ sa~id petition for a ~chan~e of zone from "A" Residential-and AGricultura~ D~striet to ~'B-2" ~i~ic~;,~ -~? - NOW, ~EREFORE, BE ~IT ~ESOL~D:~ ~at,%h9 TQ~ Cle~k~of~e Tg~ gf Southold~be ~nd he hereby ~is~direc~ed~%Q, tra%smit_~.~pp~$c~tiom to th~ =Planning Board in.accord~nce-~%h Section 901,, Subdiv~'ion C of Article ~of the Bu~ld~g~ Zona Q~lnance of the ~R of ~SQuthold. - Vote of ~he Town~Boa~d: .=~Ayes:,~ Sqpervisor M~tocc~%a~ .Co~n~%~n.~Ric~, Councilman Valentine, Justice Sute~, .J~stice Dema~e~t.3=~ ~. ~ . ~o~ed. by Councflman Va~enti,ge, ~eco~ded.~y Just~ce_~Sute~; ..... > ~EREAS,~,The ~term of Q~fice of.~R~ber~t Bergen, Mat~i~u~k, ~,~Y~a~ca~.~- member of the Board of Appeals of-the~To~ of Soqthqld, ~gxpirg~.April 19, 1971, and ~E~AS, in the Dast, as a ~member~of .t~9 Bo~rd.Q~.App~al~,~ ~ert Berber has-rendered the To~. of-Southold-a most v~-luab~e service; NOW, THEREFOr, BE IT '~SOL~D: That Robert Bergen~be~dch~gre~y~.~ is appointed as a member of the.Southold TQ~ BQ~U~.~of. Appea!~ ~r a=~term o~ fiue (5) years,,c~mmencing-Ap~i% ~9~ !97! and>en~in~ April 19, 1976. ~.~ ~ Vote of the~To~ Board:. Ayes:r ~Supervisor M~rt0c~ia; ~gDnqi~ma~~ Rib. h, Counci~man~U~ent~ne~.~Jus~ice.,Su~e~, Just~Dema~est~ Moved by Councilman Valentine, seconded by Councilman Rich; ~EREAS, the term~f office Qf ~Fra~k Co~,~.~G~enport~ N.~y.~ as a member of the Planning Board.or. the To~ of. SQuth0~~ ~xpires Apr,! 30, 1971 and ~ ~ .... ~ ~ . ~. - ? ~. .. ~EREAS, in the past, as a member of the PtannSng has rendered the ~Town of Southold.a m0s~Ya~u~ble se~v~ce, NOW, ~T~ER~FORE BE.IT RESOL~D=: ~hat-Frank Coyle be and he~hereb~ is appointed as a member of the Southold To~ Planning Board fo~ =a term of five .(5) years commencing April 30, 1971, and.ending_Ap~i! 30; Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Valentine,= Justice Demarest, Justic9 Surer. .__ Moved by Councilman Rich,,~seconded by Justice~D~ma~est~ RE~OLVED: ,That $2500~,80 be and hereby is t~ansferred Fund Town to Town Board. E~penses. ~. .. ..... . Vote of the To~ Board: Ayes: ~.Supervisor,~.rtoccbia,-.Counci!~an Richi Councilman Valen~ine~ Justice Demarest, J~stice S~ter~_.-~. ~ ..~ Moved by Justice Suter, seconded by Councilman Rich; RESOLVED: That Supervi~o~.A~bert.~tocchSa ~e.~nd he h~e~is authorized to hire Judith Boken, stenographer to-the To~-Cle~-k until.the Civil Service list is received. Effective Ap~i~ vote o~ the Town ~ard: Ayes~:---~ervisor.~rtocchia, Counei~man.~Rich, Councilman Valentine, Jus~ic~ Dema~est, Justice_.Su~9~.-~ . ..... . A petition was received from students of Cutchogue East School, respect- fully requesting the Southold Town Board to please pass a strong law now, which will ~protect o.ur~-we~a~nds, before .they~ ar'e all destroyed-. ~'They state: "We want tQ'be able to ~on~inue fishing in the~se waters, and digging clams that we c.an eat, and swimming in unpolluted wa%ers~through~he~yea~s that we are growing up." - Presented by Tom Wacker. Miss~ Terry ~arnan~presented the wet Lands~ Ordinance to the 'Board:~ "Sou~ho~d~Town Conserva~t~on Advisory Council, S'outh~ld, N.Y., April 20, 1971.. ,Gentlemen: As a-~member, of the. Sout~old, T~wn Cons~ervat'ion Advisory Council I~:am.here.~to ~e~resent~them~..in presenting~.the Town Board f0r~ally with a~,c'opy~f the proposed-Wetlands-Ordinancel "This is the fourth draft of a Wetlands Ordinance that the Council has submitted to the Board. As you know, it was first offered in' March, 1970, and, at:~he.~Board's request, ~has~been reworked and submitted twice since then, while portions'of the tidal ~ands-have been-diSappea~ng.~very ~ay. "In an effort to meet the Board's remaining objections and'~sUggestiOns, the Council has.obtained ~he help of Town Atto~ney'~Robert-Task~r-, wh~'has most competently prepared the present ordinance which.we are submitting this evening. ~e.feel this' ordinance~i~s a good one and we urge i~s- adoption without delay "Thank you. Submitted this day by Terry Harnan, Secretary of the Southold Town COnservation Advisory Couhcil." Paul Stoutenburgh spoke on wet lands, requesting that a~ll land fill must be seven (7) feet above high tide. He .also.requested that all easements be for a longer period of tim~. Robert Douglas p~otested the new restrictions on the purChasihg of'~and at the disposal area, stating that, 150~cubic y~ards per week was'too small and force them out of business. · ...... Paul Stoutenbur~ ~wants sand~restric~ted to up~'lan~s~-and not be aTlowed ~n w~t lands .................... Adjournment. Albert W~..~ichmo~d. ~ Town C.l~rk. : -