HomeMy WebLinkAboutTB-07/25/1978i,JUL.2.5 .lg?8 G1
SOUTHOLD TOWN BOARD
July 25, 1978
Executive Session
The Board met with Patrick Flana~aq of General AOoraisal Co..
who ade a presentation on their proposal for fixed asset
accounting. This project will include the following basic
modes of accounting: location of the asset (land, buildings,
contents), description of the assen, classification of the
assen, estimated historical cosn or historical cost, estimated
date of acquisition or date of acquisition, fund source. Their
firm is authoritative in cost and are qualified to do such a
report as they are a disinterested party. The problem the
town would encounter if they endeavored to do this project
themselves would be of time, expertise and ability to ge~ermine
cost. They would only require the town's assistance in providing
them with a printout f~om the insurance policies on vehicles, and
the assistance of the,~assessors in locating town owned land.--
Highway Superintendent Dean took Mr. Flanagan on a tour of the
town owned land ~nd buildings. Mr. Flanagan will presenn an
estimated cost f(r the project in the.near future.
A regular meetin~ of the Southold Town Board was held on Tuesday,
July 25, 1978 at the Southold Town Hall, Main Road, Southold, New
York. Superviso~ Martocchia opened the meeting at 3:00 P.M. with
the following present:
Supervisor Albert M. Martocchia
Councilman James Homan
Councilman Henry W. Drum
Councilman Williwm R. Pell III
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
Town Clerk Judith T. Terry
Abse~'t: Justice Martin Suter
Justice Francis T. Doyen
On motion of Councilman Homan, seconded by Councilman Drum, it was
RESOLVED that th~ Southold Town Board ~inutes of July 11, 1978,
be and hereby are approved as submitted.
Vote of ~he Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan Supervisor Martocchia. Absent: Justice Suter,
Justice Doyen.
This resolution as declared adopted.
On motion of Councilman Homart, seconded by Councilman D~um, it was
RESOLVED that the next regular meetin~ of the Southold Town Board
will be held at ~i00 P.M~,. T~esda¥. ABgBst 8~ 1978 at the Southold
Town Hall, Main ~
on that date and reconvened at 1:00 P.M., Wednesday, August 9, 1978
at the Fishers Is
Vo~e of the Town
Councilman Homan,
Justice Doyen.
This resolution ~
On motion of Cou~
RESOLVED that J.~
from Federal Reve
white four-door I
Ford less allowa~
Vote of the Tov~
Councilman Homan
Justice Doyen.
This resolution
Supervisor Marot¢
1. There a~
meeting.
oad, Southold, New York; this meeting to be recessed
land School, Fishers Island, New York.
Board: Ayes: Councilman Pell, Councilman Drum,
Supervisor Martocchia. Absent: Justice Suter,
as declared adopted.
cilman Pell, seconded by Councilman Homan, it was
· Hart For~, Riverhead, New York be paid $20,140.00
nue Sharing Funds for the purchase of four 1978
TD Ford police cars, as per bid price of J.J. Hart
ce for o~ission of disc brakes.
Board: Ayes: Councilman PelI, Councilman Drum,
Supervisor Martocchia. Absent: Justice Suter,
as declared adopted.
chia:
e no~- reports of departments or committees at this
2. On August l, 1975 at 7:30 ?.M. there will be a presentat±on
by Lee Koppleman on the 208 Waste Water Study.
On motion of Councilman Homa~, seconded by Councilman Drum, it was
RESOLVED that the Southold Town Board sets 7:30 P.M.~ August 22~
1978~ Southold Town Hall, Main Road, Southold, New York as time and
place for public hearin~ on the application of ~ong Island Cablevision
· C°r~°rati°~~ for~ an ,.~amen~ment~ _ ...... to the cable television f~nchise g~ranted
to mt by the ~own o~ Southoid to increase its rates an~ charges as
follows, to wit:
Installation Charge
Reconnection Charge
Relocation Charge
Additional Outlet Charge
Present Proposed
$30.00 $40.00
9~95 15.00
9.95 15.00
9.95 15.00
Monthly Service Charge
Residential First Outlet 7.25
Residential Additional Outlet 2.00
8.05
2.50
Motel Each Unit 2.00 3.00
Be it further RESOLVED that the franchise amendment, if approved
by the Southold Town Board, may not take effect without the prior
approval of the New York State Commission on Cable Television and
that interested parties may file co~m~ents or objections with the
Commission. ~A~plication of Long Island Cablevision Corooration
for an amendment to the cable television franchise grante~ to it
is on file in the Town Clerk.Ss Office, Main Road, Southold, and is
available for public inspection during regular business hours.
A representative of Long Island Cablevision Corporation will be
present at such hearing and all interested persons will be given
an opportunity to participate in said hearing and to ask questions
of the representative of Long Island Cablevision Corp.)
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Supervisor Martocchia, Absent: Justice Suter,
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that the followir~audited bills be and hereby are ordered
paid: General Fund Whole Town - $2170.24, General Fund Part Town -
$1460.00.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Supervisor Martocchia. Absent: Justice surer,
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia announced that Edward Baqe,, a Town Engineer,
is leaving the area and the Board would be receptive to the submission
of names of individuals qualified to do road inspection and engin-~
eering.
Supervisor Martocchia:
3. The Town of Southold has received their 1978
bathing beach permits for the following beaches: McCabes Beach,
Southold Town Beach, Kenny's Beach, New Suffolk Beach, Norman E.
Klipp Marine Park, Goose Creek Beach and Goldsmith's Inlet. In-
spection of the beaches have shown a few minor violations such as
soap missing in the bathroom facilities.
4. with reference to the request of people~in the Cedar
Beach area for ~ecurity at the beach, Supervisor Martocchia met with
the Commissioner of pepartment of Parks, Recreation and Conservation
John D. Chester two days after the last board meeting. Mr. Chester
brought this matter to the attention of County Executive Klein,
recommending that they enter into an agreement with the Town of
Southold to supervise the beach. The remote location of this
facility makes it impractical for them to provide the necessary
supervision and cleanup, the Town is agreeable .with this suggestion,
provided they are reimbursed for the costs.---County Executive Klein
c~lled Supervisor Martocchia just after this meeting was opened, and
he will call him back after the meeting. It is believed Mr. Klein
will be agreeable.
5. Receipt of a letter f~om Zerox relative to the renewal
of the contract. The Town ClerR will be in touch with Zerox on this
matter~
Moved by Councilman Homan, seconded by Councilman Drum,
WHEREAS a petition was received from Lawrence Kir~ requesting a
chan~e of zone on certain property at Cutchogue, New York, said
petition for a change of zone from "A" Residential and Agricultural
District. to '.'B-i" General Business District, now, therefore, be it
RESOLVED tb~t the Town Clerk of the Town of Southold be and she
hereby i~s directed to transmit this application to the Planning
Board in accordance with Article XV, Section 100-150 (B) of the
Code of. the Town of Southold.
Vote of' the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Supervisor Martocchia. Absent: Justice Suter,
Justice Doyen.
This resolution was declared adopted.
Moved by Councilman .Petl, seconded by Councilman Homan,
WHEREAS a petition was received from William W. Schriever requesting
a change of zone on certain property at orient, New Yo~k, said
petition for a change of zone from "B" Light Business District to
"A" Residential and Agricultural District, now, therefore, be it
RESOLVED that the Town Clerk of the To~n of Southold be and she
hereby is directed to transmit this application to the Planning
Board in ac~ordanc~..with Article XV, Section 100-150 (B) of the
Code of the Town of Southold.
Vote of the Town Board: Ayes: Councilman Petl, councilman Drum,
Councilman Homan, Supervisor Martocchia Absent: JustiCe Sut~er,
Justice Doyen.
This~ resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Drum, it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized to enter ~nto a contract on behalf of the Town of Southold
with Mr. and Mrs. J. Fellinger-iHar for the purchas~ of approximately
one acre ~f. lan~, together w~th a twenty-foot easement running from
said. parcel to Duck Pond Road, Cutchogu~,~ New York, for the considera-
tion of $1,500.00, subject to a permissive referendum.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Supervisor Martocchia. Absent: Justice Suter,
Justice~Doyen.
This resolution was .declared adopted.
supervisor Martocchia:
6. There was a question raised a few meetings ago
relative to ~ncreasin~ ~rotection in the Mattituck Creek. The Board
has assigned Bernard Annabel to the Mattituck Creek and Inlet on
weeRe nas ~
On motion of Councilman Drum, seconded by Councilman Homan, it was
RESOLVED that application of Geraldine worthingt0q dated July 11,
1978 for permission to locate a single trailer on the property of
W. Edgar worthington,~ south side Sound Avenue, Mattituck, New York,
be and hereby is granted for a period of six months.
Vote ~of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homart, Supervisor Martocchia. Absent: Justice Suter,
Justice Doyen.
This resolution was declared adopted.
On motion or_councilman Drum, seconded b~ Councilman ~oman, it was
RESOLVED that application of Edmond Bokina~ated July'll, 1978
for permission to'locate.a single traile~ on the property of
Aldrich Lane Realty, on a right-of-way'off north side Main Road,
Laurel, New York, be and hereby is qrant~d for a period, of six
manths.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Supervisor Martocchia. Absent: Justice Suter,
Justice Doyen.
This resolution was~declared adopted.
On motion of Councilman Pell, seconded by Councilman Homan, it Was
RESOLVED that ~e Kiwanis C~Bb of Southold Town be and hereby is
granted permission to use the Norman E. Klipp Marine-'Park, Greenp0rt
for their Bnnual canoe race on Sunday, August 20, 1978, provided
the necessary insurance is obtained to hold the Town of Southold
harmless.
Vote of the Town Board: Ayes: Councilman Pell, Counci%man Drum,
Councilman Homan,.Supervisor Martocchia. Absent: Justice Suter,
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
7. Notification has been received from the suffolk 3
county Department of Labor that they~e seeking financial assistance
under Title.~ III of the Comprehensive E__mployment,Tralning Act of
1973, as amended_, in order to provide employment and training
opportunities to eligible applicants under the revised Skill
Training. Improvement Program (STIP II). Under this program
someone can be placed in public employment as a trainee and the
management wo~ld.pay part of the salary and the STIP Program would
pay the balance. The Board feels this is a good idea and has no
objections to the County seeking the financial assistance.
8. Notification from the ~ew York State Department
of Transportation designating 0.01 mileS east of the Riverhead-
Southold town line and extends 0.63 miles east along RoUte 25
in the hamlet of Laurel as a restricted highway where construction
will be taking place.
9. Notification from the New York State Department o~
~ansportation.of a highway improvement project under the~
Plan at_Sound Avenue and Lighhouse Road, Horton's Point, Southold.
10. Receipt of the nint'h payment quarter, and last
payment authorized by the current legislation of Antirecession,
Funds in the amount of $8,117.00. It is-a little less than antici-
pated. It is based upon the formula of unemployment, and during
the summer it does ~mprove.
11. Letter from Diane Murphy, Laurel notifying the Town
that she fe!i on Love Lane in Mat~tuck, between Barker's Phmrmacy
and North Fork Bank. Highway Superintendent Dean is looking in~o
the matter.
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that.the Southold Fire Department is hereby granted a
special license to hold a carnival on the fire department grounds,
Main Road, Southold, New York, from August ~, 1978 through AUgush
13, 1978. This special license is granted in accordance with
Article XI, Section 100-114, Subsection C of the Code of the Town
of Southold, and is subject to the approval of the Southold Town
Board~,of Appeals, and subject to the Southold Fire Department
obtaining the necessary insurance to hold the Town of Southold
harmless.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Supervmsor Martocchia. Absent: Justice Suter,
Justice Doyen.
This ~esolution was declared adopted.
On motion of Councilman Drum, seconded by Councilman Homan, it ~as
RESOLVED that the Town of Southold will pay up to $1700~.00 of actual
incurred ~xpenses to The North Fork Promotion Committee upon sub-
mission of proper vouchers for the year 1978.
Vote of ~the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Supervisor Martocchia. Absent: Justice Suter,
Justice Doyen.
This resolution was declared adopted.
JUL' 2 5 1978 65,
On motion of Councilman Homan, seconded by Councilman Drum, it was
RESOLVED that the lowest responsible bidder, C.O.D. Truck Body
Manufacturin. ~ Inc~ be awarded the bid to supply the Southold Town
Highway Department with one Dump Body and Hoist, mounted, ~ainted,
complete, at their bid price of $3859.00.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Supervisor Martocchia. Absent: Justice Suter,
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Pell, seconded by Councilman Homan, it was
RESOLVED that the Ladies' Auxiliary of the.Orient Fire Department
be and hereby is granted,permission to close Orchard Street from
Village Lane to Navy Street on the evening of Saturday, August 26,
1978 between the hours of 8 PM and 1 AM for the purpose of holding
a street dance, provided the necessary insurance is obtained to hold
the Town of~Southold harmless.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Supervisor Martocchia. Absent: Justice Suter,
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
12. Receipt of notification from the Department of the
Army, Corps of Engineers, upon application of ~athryn Robedee, Pine
Tree Road, Cutchogue, for permission to do maintenance d~edging
at her property on LittleaCreek. Objections will be received until
August 11, 1978.
On motion of Councilman Homan, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold hereby~auproves
the amount of $230,000.~ for a proD0sed-bond for roads-and improve-
ments-in the~sub-division known~as "Paradise-by-the-sound" as-recommen-
ded by Engineer~Lawrence M. Tuthill and the Southold Town Planning
Board: ~
Vote of the Town Board: Ayes: Councilman Pett; Councilman Drum,
Councilman Homan, Supervisor Martocchia. Absent: Justice Suter,
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman-Drum, it was
RESOLVED that the Town Board~of the Town of Southold hereby approves
the amount of $100,000 for a .proposed bond for roads and improvements
in the sub-division known as "Country Club Estates" as recommended
by Engineer-Lawrence-M.~Tuthill and the Southold Town Planning
B'oard: -~
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Supervisor Martocchia. Absent: Justice Suter,
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
13. Item 29 on the agenda is merely a notification to
the Town of Southold relative to their receipt of an application
from William B. Smith, Southold, New York on behalf of Charles J.
~and, South~ld, ~or a residentia 1 sub-division known as Brionn~ -
qloid-b¥~T~e-Sea. The~.N.Y.S.D.E.C. states this project will not
have a significant effect on the environment.
14. Sometime ago, the Board advertised for bids for
constructiOn of a tennis court on Fishers Island. No bids were re-
ceived'for this project. Justice Doyen, on Fishers Island, was
asked to contact the contractors on Fishers Island to determine whether
they would be interested in build~g~th~en~s court. ~outon
Services, Inc. indicated they would be interested and submitted a
proposa~ in the amoun~ 0~ $13,500. for the complete job.
On motion of Councilman Drum, seconded by Councilman Homan, it was
REsoLvED tha~Bouton Services, Inc., Fishers Island, New Yor~ be
engaged by the Town of Southold to construct a tennis court on
Fishers Island, ~pply lines, install posts, net, and 10 ~ft. chain
link fence with gate at the sum of $13,500.00. _
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, supervisor Martoc. chia.~ Abeent: Justice surer,
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
_15.. There ~will be a meeting on Friday,, July 28, 1978
at ll:00 A.M.at ,Hauppauge relative to the Consortium. Supervisor
Mar~tocchia plans to attend.
On motion of Councilman Homan, seconded by Councilman Drum, it was
RE'SOLVED that ,~4681.15 be and hereby is transferred from A7620..4
Senior. Citizen Bus to Contingent A1990.4.
Supervisor Martocchia:
15. This Friday, July 28th there will be a party at
the Eastern Suffolk Nursing Home honoring Mrs, Mabe~ Richmond on
her 100th birthday. Board members will attend.
Moved bY Councilman Homan, seconded by Councilman Pell,
WHEREAS 5h~ Town. of Southold and the~Village of Greenport have -
heretofore contracted for~the furnishing by the Village of Water
for fire protection purposes in tha% part of the East-West fire
~te~ti0n district in the Town wherein the mains are installed,
and
WHEREAS, .the contrast, by its terms expired June 30, 1978, a~d
WHEREAS, the parties are agreed upon the terms of a reneWal of said
.contract and a publi~ hearing.was held in this matter on the ltth
day_of July 1978 at 3:30 P.M.,
NOW, THEREFORE, BE IT RESOLVED, in consideration of the premises
and the covenants herein, it is/mutually agreed as follows:
1. The amount to be paid to the Village for making an
adequate supply of water available and placing and maintaining hy-
drants shall be ~70.00 per hydrant, per year.
2. This agreement shall continue for a psriod of five
years ending on June 30, 1983.
3. There are in e~istence as of this date one hundred
thirty ,seven (137) such hydrants and any hydrants added during the
term of this contract shall be paid for proportionately at the
rate of $70.00 per hydrant per year for such time as such newly
added hydrants are in operation upon the joint approval of the Town
and ~illage~Boards.
Vote of the Town Board: Ayes-: Councilman Pell, Councilman Drum,
Councilman Homan, Supervisor Martocchia. Absent: Justice Suter,
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Drum, it was
RESOLVED that pursuan~ to a public ~earing held by the Town Board
of the Town of Southold on the llth day of July, 1978 at 4:00 P.M.,
on the matter of transferring $50,000. of Federal Revenue Sharing.
Funds from the Capital Fund (Compactor & ~aste Disposal) to_Highway
Realignment and Reconstruction, sai~ transfer be and hereby ~s
ordered when and if it is necessary.
Vote o~ the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Super¥isor Martocchia. Absent: Justice Suter,
Justice Doyen.
This resolution was declared adopted.
Moved by Councilman Drum, seconded by Councilman Pell,
WI{EREAS, the grantor, Roy Latham, is the owner of a
certain parcel of land consisting of 28.2 acres, more or less,
of farmland, woods and meadow located on the South side of Route 25
in the Hamlet of Orient, Town of Southold, Suffolk County, New York
generally bounded northerly by land of Latham; easterly by land of
Louis' Tuthill Estate~ southerly by Long Beach Bay; and westerly by
land of' Terry, said land being shown and designated on a certain map
prepared by Roderick Van Tuyl entitle~ "Map of Lands Owned by 'Roy
Latham at Orient, Town of Southold, New York," dated November 4,
1977 and amended May 25, 1978.
And a second parcel of land consisting of 8.9 acres,
more or less, of meadow located on the south side of Route 25 in
Orient, Town of Southold, Suffolk County, New York generally bounded
Northerly 'by the westerly branch of Tom Brown"s Creek, easterly
by Tom Brown's Creek; southerly by Long Beach Bay; and westerly
by a gutter leading to Tom Brown's Creek; said land being shown
and designa~ted on a certain map prepared by ROderick Van Tuyl entit-
led. "Map of Lands Owned by Roy Latham at Orient, Town of Southold,
New York," dated November 4, 1977 and amended May 25, 1978.
And a third parcel of' land consisting of 1.3 across
more or less, of meadow located on the south side of Route 25 at
Orient, Town of Southold, Suffolk County, New York, generally
northerly by land of Demarest; easterly by land of Demarest;
southerly by Tom Brown's Creek; and westerly by land of Louis
Tuthill Estate; said land being shown and designated on a certain
map prepared bY Roderick Van Tuyl entitled "Map of Lands owned -
by Roy Latham at Orient, Town of SoUthold, New York," dated
November'-4, 1977 and amended May 25, 1978.
And a fourth parcel of land consisting of 2 acres,
more or less, of meadow located on the south side of Route 25
at Orient, ~own of Southold, Suffolk County, New York, generally
bounded northerly by ~d'of Margolin; easterly by Tom Brown's
Creek,-southerly by Tom Brown's Creek and westerly by land of
Demarest, said land being shown and designated on a,certain map
prepBred by Roderick Van Tuyl entitled "Map of Lands Owned by
Roy Latham at Orient, Town of Southold, New York," dated November 4,
1977; and_which said four parcels of land are more fully described
in Schedule A 'hereunto annexed and~made a part hereof, which said
four parcels of land are hereafter referred to as "the premises," and
WHEREAS, said premises constitute an area of natural
scenic beauty and whose existing openess, natural condition, or
present state of use, if retained would enhance the present potential
value of abutting and surrounding properties and would maintain or
enhance the conservation of natural and scenic resources; and
W-itEREAS, the grantor, Roy Latham, wishes to grant a
scenic and. conservation easement to the grantee, Town of Southold,
upon the premises; and
WHEREAS, the grantee, Town of Southold, deems it to be in
the public'interest to;acquire interests or rights in real property
for the preservation of open 'space and areas to'preserve the beauty
and natural 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 provides that municipalities, including Towns,
may acquire the-fee or a lesser interest, development right,' ease-
ment, covenant or other contractual right in and to real property
necessary to achieve the aforesaid purposes, and
W~EREAS, the grantee, in furtherance of'the above policy
and in accordance with Section 247 of the General Municipal Law
wishes to accept the seenic and conservation easement hereby pro-
ffered b~ ~he grantor, and
WHEREAS, a public hearing was held by the Town Board of
the Town of Southold after due notice thereof, with respect to the
terms and conditions embraced herein, at which public h~earing all
interested parties were given an opportunity to be heard;
NOW, THEREFORE, in consideration of One ($1.00) Dollar
and other good and valuable consideration paid by the grantee, to
the grantor the receipt of which is hereby acknowledged, this
agreement witnesseth that:
~. The grantor does hereby donate, grant, transfer and
convey to the Town of Southold, a scenic and conservation easement
in gross, of the nature, character and to the extent hereinafter
set forth-, overand upon the premises.
2. The nature, character ~nd extent of the easement
hereby granted is as follow~:
.. ('~)~ No.dredging, excavating, Qr land fill opera~
tions _shall be authorized or permitted in or on the premises, except
as required for agricultural purposes. .
. ~_ (b) No development of ~ny kind shall be permitted
nor shall any-commercial use, except ~agricultural and horticultural
uses be made of the premises.
(~ No building or structures .shall be placed or
erected..on the premises.
(d) No gravel, sand, peat or other material,
except salt hay or thatch shall be removed from the premises nor
shall any sand, gravel or other materials be placed upon the pre-
mlses~
(e) No roadways o~ driveways shall be constructed
on the premises except unimproved farm roads;
(f) The grantee and its authorized agents shall
have the right of inspection of the premises at any and all times
during the term hereof ....
3. The nature, character and extent of limitations on
the within g~ant of easement are as follows: ~ .
(a) Notwithstanding the provisions hereof, the
premises shall remain at all ti~es in the exclusive possession of
the grantor.
~ (b)~ Ail rights~ interests and privileges of the
grantor ~n the premises not herein specifically donated, granted,
transferred, and conveyed shall.remain and resids with the grantor.
4. This agreement may be cancelled by the grantor upon
sixty (6~) days written notice to ~he grantee and upon payment to
the ~rantee of a sum equal to three times the .difference.between the
amount of. real estate'taxes paid or assessed against the premise
in the year of such cancellation and the amount of real ~state
taxes .that would be assessed against the premises in the year of
such'cancell~ation had the premises not been burdened with the pro-
visions of this instmumen.t, .both computed in the tax year i~ which
the cancellation shall take place. Upon payment of such:sum, the
grantee shall execute and deliver to the grantor a release of
easement instrument in recordable form.
5. In the event that the grantor desires to dispose of
the premises, or any part thereof, during the term of this agreement,
or any renewal or e~tension thereof, by sale, the g~tor shall give
the grante~ thirty (30) days notice of such proposed sale and the terms
thereof. The grantee shall have the first option to acquire the
premises within said thirty (30) day period'on the same terms as
any such proposed sale.
JUL 5
6. The failure of the grantee to insist upon the strict
performance of any of the terms, conditions, covenants, or restric-
tions co~ined herein, s~ 11 not be deemed a waiver of any shb-
sequent breach or fault in the terms, conditions, covenants or res-
t~rictions contained herein.
~ If the whole or any part of the premises shall be
condemned or taken by eminent domain, then this agreement shall
forthwith cease from the date of title vesting in such proceeding.
In such event, the grantor shall be required to pay no penalties,
nor shall the value of the premises be limited by this eassm~nt,
nor shal.! any part of any award belong to the grantee.
8. The grantee covenants that to the extent legally
permissable, the valuation placed upon the premises for purposes
of real estate taxation will be limited by the restriction of
this scenic easement in accordance with Section 247 of the General
Municipal Law of the State of New York.
9. Ail the covenants~ conditions, reservations, restric-
tions-, easements and provisions of this~agreement shall ~ontinue
and remain in effect until the 1st day of August 1988, at which time
all of the provisions hereof shall be automatically extended for
successive periods of one (1) year, unless on or before the 31st
day of May 1988 or sixty (60) days prior to the end of any such
extension period, either party hereto shall by written instrument
duly recorded in the Suffolk County Clerk's Office determine to
terminate the same°
10. The burden of this easement shall run with the
land and shall be binding upon the parties hereto, and their
successors and assigns.
~E~L .DESCRIPTION
PARCEL I
BEGINNING a~ a point on th~ e westerly line of ia~d of
Louis 'Tuthill Estate a~nd ~the easterly l~ine of land of Roy Latham,
said point being about 1974 feet southerly along said land of
Tuthill Estate from the southerly ~ine of Main Road; running
thence along said land of Tuthill Estate, three courses:
(i) Southerly, 980~.feet,~ more or less; t~hence
(2) westerly a~d sou~h'er~y, 325 feet, more or less, thence
(3) Easterly, 210 feet, more or less~ to a certain~gutter
leading to Long Beach Bay; Thence along said gutter, ~th~ee courses:
(1) Southerly, about 450 feet, more or less; thence
(2) Southwesterly, about 300 feet, more or less; thence
(3-) Southeasterly, 200 feet, more or less, to Long Beach
Bay; thence along Long Beach Bay, ~wo courses:
(1) Southwesterly, 300 feet, more or les-s; thence~
(2) Northwesterly, 450 feet, more or iess~ to land of
J,..~roskoski; thence along said land o~ J. Droskoski, eight courses:
~ (1) Northeasterly~.175 feet, more or les~; thence
~ (2) Northwesterly, 58 feet~ more or less; thence
(3) Northeasterly, 140-feet, more or less; thence
(4) Northwesterly, 76 feet, more or less; thence
(5) Northea~sterly, 107 feet, mo~e or less; thence
(6) Westerly, 99 feet, more or less; thence ~ -
(7) Northwesterly, 102 feet, more or less; thence
(8) westerly, 159 feet, .more or less, to land of S.
Droskoski; thence along said land of S. Droskoski, two courses:
- (!) Northwesterly, 252 feet, more or less~ thence
(2) westerly, 160 feet, more or less, to land of Lloyd
Terry; thence along said land of Lloyd Terry, northerly 1010 feet,
more or less, to other land of Roy Latham; thence easterly along
said other !and~of Roy Latham, 5~0 feet, more or less, to the point
of beginning. Containing approximately 14.9 acres of farm, 4.8 acres
of woods, and 8.5 acres of meadow.
PARCEL II ~
....... 8:9 ac~es of me~do~'desc~ibed as ~llb~s: Northerly
by the westerly branch of Tom Brown's creek adj~inihg'land~'bf'T~thill,
Latham and Demarest; Easterly by Tom Brown's Creek; -Southerly by
Long Be'ach Bay, ahd westerly by a gnkt~r leading to Tom Brown's
Creek,~sai~'p~rcel'-6f meadow b~i~known as "Sandman'~ I~l~n-d."
PARCEL III
1.3 acres of meadow described as follows: ' NortherI~ by
Demarest about 105 feet; Easterly by Demarest about 720 feet;
s°uther~ ~y-~0m ~r6wn,s Creek ~bO~ 70' fee~;~w~terly by Tuthill
Estate-about 690 feet.
P~k~L ~
2.0 acres of meadow described as follows: Northerly
by'Marg~liii~a~0Ut ~88 fe~t;' eaSterl~ by Tom B~own's Creek about
5~'0"fe'e%; Southerly by Tom Brown's Creek about 160 feet; westerly
by Dema~est about ~50' feet. '
Vote of the Town'Board: ~yes: Councilman Pell, Councilman Drum,
Councilman Homan, Supervisor Martocchia. Absent: Justice'Suter,
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
17. Announced there is a vacancy on the Board of
ADQeal.s du.__e to the ~etirement of-Robert Berqen. Resumes 'will be
accept'ed until August 5th.
On motion of Councilman Homan, seconded by Councilman Pell, i~ was
RESOLVED that the Commissioners of the Fishers Isla'nd':Ferry~Di,strict
be 'and here~y are authorized to ~dve~i~ ~9r bids for the purchase
of a ~ord Econoline 150 truck which is fully insulated and is
equ-~pped with refrigeration .which.will protect all perishables,
during transit. The District has been directed by the Department
of Health to purchase some type of refrigeration that will protect
perishables during transportabion.
Vote of ~he Town Board: Ayes: Councilman Pell, Councilman Dr~m,
Coundilman Homan, SuperVisor Mar,tocchia. Absent: J~stice Su~er,
Justice' Doyen.
This resolution was declared adopted.-
On motion Of Councilman Homan, s~conded by Councilman Drum, i~ was
RESOLVED that:supervisor Albert M. Martocchia be a~d~e hezeby is
authorized to ~urc~9~e from J.~;. Ha~t Ford, two used poli~e' cars
at $1400.00 emch, for use by the-Building Department and Fishers
'Island Police.
~'Vote of the Town Board:~ ' Ayes: 'Councilman Pell, Councilman. Drum,
Councilma~ Homan, Supervisor Martocchia. Absent: Jdstice Surer,
Justice Doyen.
This resolution was declared adopted.
On motion Of councilman Homan, seconded by Council~ah Pell, it was
RESOLVED that Supervisor Albert M. Martocchia be and~he hereby is
authorized to purchase back from the insurance company, the remains
of pne damage~ 19771p_olice car for $100.00.
vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, SUpervisOr MaY'~occhia. Absent: 'Jdstice Suter,
Justice Doyen.
This '~esolution was declared' adopted.
'(Supervisor Martocchia stated that the 1977 police car they are
purchasing from the insurance company for $100 was involved in an
accident and was a total wreck. Another 1977 police car just blew
an engine. They will receive $3800. for the car that was wrecked
which enables them to buy back the two used cars and purchase the
wrecked car'for $100~ The engine in the wrecked car can be used to
replace the one that just blew out, and they can also salvage the
batte-ry, five new t~res, and other parts from the wrecked car which
can be Used~to repa!r other police cars ~as needed.)---Mr. Hickey
asR~d if the Tow~ couldn't get a refund for the car with the blown
out engine?----~oun~ilman Homart ~xplained that it was a 1977 car,
now two years old, aqd_probably has 80,000 miles.on it, and no
longer comes under the.warranty. .
Mrs. Barbara Schriever asked why the next step in her husband's
application for a change of zone is not the public hearing, he"has
been to the Planning Board on this.~atter.----Sup~rvisor Martocchia
stated that in accordance with the Code, when an application is
received fora change of zone it must go to the Planning Board for
their recommendation before a public hearing can be scheduled.
This mu~t be done formally by a resolution.
Mr. Frank Bea~ formally thanked the Board for inViting Dr.~ Le~
Koppelma~ to make a presentation on waste~water manag-ement on
the lstof August. Mr. Bear coordinated attendance for this
meeting on behal.f 'of the North Fork-Environmental Council., a~
.o~ wom~ Voters and North FQrk ~udubon' Society.---Supervisor
Martocchia thanked Mr. Bear for helping him in preparing for this
presentation.
.~ir~.. Ann Lavinia presented a petition to the Board on' behalf of
37 residents of South Harbor Road, Southold,-which stated as follows:
"We, the people of South Harbor Road ~ould' like to submit the
following requests:
1. 'Siqns "NO Parking Beyond This Point" placed on bo£h
sides of the road beginning at Hiawatha's Path.~
- 2. Additional "No Parking" signs strategically placed at
approximately 250 feet intervals .on each side of the road from
Hiawatha's Path to the beach. (These restrictions are necessary
only b~tween June t ~o September 30.)
3. 3U-mile speed limit signs.on South Harbor Road.
4. Polic~_ call box at end of road as close to beach
as po~sible.~ We hope that enforcement of these restrictions will
alleviate congestion and promote safety in this area."
Super+isor Martocchia pointed out that the area in question, or
most' of it, is under the 3urisdiction of the Southold Park District.
As far as the call box is concerned, the Board is thinking of e'li-
minating the ones they have and going to a different system as there
is so~m~ch vandalism. They are considering telephome booths, as
anyone can use them by dialing 911 and the dime is returned and 'the
call goes directly to the police station' As far as spe~d zone,
they will refer this to Chief Cataldo for study.
_Mrs. Robert Thompson~ ~outh Harbor ROad, Southol~, requested that
siqns "no fishing'" and "no dogs" be placed in the protecte~ area at
Kenny's Beach.---Supervisor Martocchia stated they did have signs
"no fishing" and "no dogs" but the signs disappear. They will look
into this matter again. Just recently the dog warden~ were ca~l~d
in before the Supervisor to discuss their work, and shortly after
that they began'a general clean-up of do~s in the Kenney's Beach area.
Mrs. Thompson~ a~ked how they can g0 to %he c~useway beach in
cutchogue?---supervisor Martocchia stated that is a park~district
and they must own property or live in that area. That is the Cut-
cho~ue-New Suffolk Park District.----Mrs. Thompson said the beach
at the end of South Harbor is Town.---Councilman Homan stated the
Town only has a road end there, not a beach.---Supervisor Martocchia
stated~it is not a p~blic beach, on public beaches they must-provide
a life ~guard, beach attendant~_ sanitatiQn facilities, and when you
don't see them, it means the ~own does.not have a public ,beadh there,
There are over 80 road ends in the Town of southo~ld, they are not
public beaches.~--~ody'Adams, 'Peconic~-aske~ T6W/i~- Attorney Ta~ker
what is- the definition of a semi-puBlic beach? .... Town Attorney
Ta~ker'Stated that'iS is a phrase they Used in the Qrdinance and
it was taken fr6m State Law. It is a beach that.iS no.t completely
a public beach and' it is not c~mpletely'~a.'private beach, ir'is
probably a beach tha~ is ued by ~he public but possibly t~e,,public
does not own. He thinks the intention of the legislature was to
embrace within that provision not only beaches for'which there
was no question of the~wner~hip and use being pub%i~an~ other
areas Which (such as the Emerson',Prope~ty,at SQuth ~arbor~ .has b~en
opened a~d ~sed ~ tb~_~bl~c and used as ~ public b~thing beach,
a~thou~h it. is ~ivately ~wned property.r--Ms. ~d~ms askedf'wh0 owns
the be~che~ ~{~e ends 0f the roads, Who owns ~he wat~r?~-~TQwn
Attorney Tasker stated there. !s a difference between~.regu!a~ion ~and
ownership. The 1500 ft. is ~a.n enabling..st~tut~ in the State Law
which permits Towns to regulate the operation of boats for a
distance of 1500 ft, from the-shore. That is a case where {he Town
of Southol~ does not own the b~t~om,~ does not ~wn the waterway,
it is owned by ~he S~ate, but~ the Stage. has delegated th~ authority
to the Town to regulate'within i500 ft. That _dQes/not mean the Town
owns' the b~t~o~'~Of'~e~wa.~YW&~.'~-Ms.~ Ad,ms .asked if~the $~a~e owns
the beach ~at the end of~'the ~~ads%~-~T~wn Attorney T~sk~r' ~--
stated yes, ~elb~the high~ter mark,---Ms' Ad'ms asked'above '
high water mark? That is owned by tb~e Town?---Mr. Taster ~aid
not necessarily, it may be privately, owned. For instance, t~e
land at ~he end of ~South Harbor Road was filled,~ and the land
that was filled is. state owned la~.'. ~e~ you~ill land, ~you
do not ~han~e ~ 0wne~ship of th~la'na that was ~illed by a dredge.
---Ms. Adams asked about the end of Indian Neck Lane.---Mr. Tasker
saidhe is no~ sure,' he wo~ld have'~o sea~ch/back.f~ hi~%ory to
see what has happened', whether there has been any dredging' there.
Mr. David Driscol~ asked if the CA~ hearing on August 22nd will be
a public he~rin~?---He was advised, it will be.-~-He asked~ thews is
a topic for that hearing?---Supervisor Mar~tocchia stated, it is a
rate changehearing.-~-Mr. Driscoll asked if there are any develop-
ments in this matter that the Board..is aware of in p~ivate discussions
with CATV that the public should know about before the ~ublic~hear~ng?
..... S~pervisQr~ Ma~tocchia stated that he has had no further p~ivate
discussions since the executive session meeting .with~Mr. Jones that
~he public has been made.aware of ..... Councilman-Homan said the
Board w~l! we.l~e public participation.at ~he~public,,.hear:ing inas-
much as the Board fo~ the mos~ part does no~ have CATV ...... Mr.
Drisc0!l said the reason he raised the question ~s that. there hawe
been so many conflicting statements by, CATV in .the newspaper ad-
vertisements.---Mrs. Barbar~ Schriever said, whereas the Board
does not have CATV, they would not be aware that it went off last
night right in the middle of the news and they couldn, t. get a sing.1e
station and it W~ off for'~uite a while~ ~This happens quite ~
frequently. · . ~ . .
On motion of~'Coun6ilman Homart,' seconded by..Councitman Drum, it. was
RESO~UED that there ~elng no~ fUrther bu~ness~t0.com~ b~fore this
Town~B0~rd m~eting adjournment be ca~led at 4:10 P.M.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Supervisor Martocchia. Absent: Justice Suter,
Justice Doyen.
This~resoluti0n was deelared adopted.
~Judith T. Te~
Town Clerk