HomeMy WebLinkAboutTB-10/10/1978123
SOUTHOLD TOWN BOARD
October 10, 1978
A regular'meeting of the Southold Town Board was held on Tuesday,
Octobe~ t0, 1978 at the Southold Town Hall, Main Road, Southold,
New York. Supervisor Martocchia opened the meeting at 3:00 P.M.
with the following present:
Supervisor Albert M. Martocchia
Justice Martin Suter
Justice Francis T. Doyen
Councilman James Homan
Councilman Henry W. Drum
Councilman William R. Pell III
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C.
Town Clerk Judith T. Terry
Dean
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that the Southold Town Board minutes of regular meetings
held on Se_ ~otember 26.' 1978 and October 3, 1978 he and hereby are
~pproved as submitted.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Justice Doyen, it was
RESOLVED that the. next regular meetin~ of the Southold Town Board
will be held at.3:00 p~M., Oct~ober 24, ..1978 ~t the Southold Town
Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Councilman Pel!, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that the following audited, bills bD and hereby are approved,~
for payment: General Fund Whole Town bills in the amount of $31,736.56;
General Fund Part Town bills in the amount of $14,222.56; Highway
Department bills in the amount of $15,482.90; Fishers Island Ferry
District bills in the amount of $27,441.42; Federal Revenue Sharing
bills in the amount of $10,940.04.
Vote oiF the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Pell, seconded by Councilman Drum, it was
RESOLVZD that the Seotember 1978 reports,of the Supervisor, Town
Clerk,~ Buzldzng Department, Assessors, Justice Rich, Justice Suter
and Town Trustees be and hereby are received and ordered placed on
file.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Suoervisor Martocchia.
This resolution was declared adopted.
Supervisor Martocchia:
i. Receipt of the March 1978 water table map 0.f Suffolk County.
showing the water table contours and the location of observation
wells in each of the ten towns. The accompanying letter from the
Suffolk County Department of Environmental Control indicates a water-
table rise of greater than 1~ feet was observed at many observation wells
locate'd in the major recharge areas of each of the ten towns.
2. Receipt of a request from the Lagppn A~sociation of Nassau
_~or financial help in dredzinz the South.inlet on Na. ssau Point.
There are no funds remaining in the 1978 budget for this type of
work and it will be held in abeyance for the 1979 budget.
3. Letter from Shirley L. B~B~B: Southold urging the Town
Board to consider additional monism for the.local libraries. This
matter will be considered at the proper time.
4. Letter from the_Port of Egyp~ Marine,,Inc.,~ Southold, proposing
to maintain the channel markers at'~e mouth of Mil% Creek for the
nexn five years at the orice of $75.00 per year. The Board would
like further details before entering such an agreement.
5. Letter from Holzmacher. McLendon. ~and Murrell. g.C~ relative
to a study for the scavenger ~ast~sdisposgl at the Town landfill.
The funding for this study would be 75% federal, 12~ state aid and
the balance 12~% by the Town of Southold.
Moved by Justice Suter, seconded by Councilman Homart,
WHEREAS, the Town of~S~uthold has applied to the Suffolk Count¥~
D~p~rtm~nw of Envirnnm~nt~] Cnnwr~l for a State Pollution Discharge
Elimination ~ystem (SPDES) permit to continue on an interim basis]
disposal of Scavenger Wastes to the Town's landfill, and
WHEREAS said SPDES permit when issued will have a compliance'
shcedule requiring that Scavenger Wastes be treated to secondary
treatment standards and further requre the removal of Nitrogen
products, and
WHEREAS, the Town of Southold Oogether with the Inc. Village of
Greenport is engaged in a 201 Wastewater Facility Study of the Town
under a United Stated EnvironmenBal Protection Agency(USEPA)grant,
which grant provides for 75 percent Federal funding and a similar
program of the State of New York provides for 12~ percent additional
funding,
NOW, THEREFORE BE IT RESOLVED, that Holzmacher, McLendon and
Murrell, P.C. the consutlants for the ?~l W~w~f~r W~l~v St~udv
shall contact the USEPA and New York State Department of Envlror~m-e~-tal
Conservation to seek approval of conducting a separate Scavenger.
~as~e. Study under the 201 Wastewater Facility ~Stud¥, in order to
meet the requirements of the SPDES permit and to~pmo~ide for F.ederal
and State aid for required construction of Scavenyer Waste Facilities;
and
BE IT FURTHER RESOLVED that the Consultants shall attend all
meetings, prepare exhibits, correspondence, applications, proposals
and modification of existing contracts and other documents required
to gain approval of the separate Scavenger Waste Study, and represent
the Town in behalf of its SPDES permit application, and
BE IT FURTHER RESOLVED that the consultants shall be remunerated
at hourly rates of compensation NOT-TO EXCEED $3,900.00~ Such funds
to be paid from Town funds.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homart, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Homart, seconded by Councilman Drum, it was
RESOLVED that the Seniors Club of Southo!d-Peconic, Inc. be 'and
hereby are authorized to_.~h stationery and members-hip cards~
said costs be paid from the senior citizen Dortion ~f the budget.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homart, Justice Doyen, Justice'Suter, Supervisor Martocchia.
This resolution was declared adopted.
Supervisor Martocchia:
6. Receipt of a letter from Mayor Joseph L. Townsend.
Village of Greenport, stating that th~ Village of Greenport Board
of Trustees hereb~ holds the Town...of Southold, Suffolk County, ~tate
of New York, harmless from any acts performed under the terms'of
their~ for the control of animals which expired September
30, 1978. It is the intent of the Village Board that th~ Town of
Southold will be held harmless until the new contract is executed
by both parties.
7. Letter from the South0ld Town Trustees requesting four
copies of the Code of Khe Town of Southold for reference and use
of the Board of To%rn_~Trustees. It is the opinion of the Board that
the necessary material pertaining to the Town Trustees is in the
Wetland Ordinance and section of the code entitled "Boa~s, Dooks
and Wharves, Chapter 32" which, wi'Il be made available to them by
the Town Clerk.
8, Notification from the.~orps of Ar~y Engineers ~pon applica-
tion of Guy Pancaldi for permission to construct approximately 90 feet
of timber bulkhead and fill with approximately 150 cu. yds. of sand
and gravel regraded from existing property to prevent further erosion
of the upland at Mattituck Creek. Objections by October 28, 1978.
Notification from the C~vp~ of~Ar~v EnEineer~ upon applica-
tion of Bernard Cosimano for permission to'construct a Iow-profile
timber groin appro×imateiy ft. in length and to place appro×imateiy
60 cubic yds. of beach 'fiji from upland~source's to ,controi'.-beach:
erosion at Rog Neck Bay, Southold. Comments by October 28,'.17-78.
Notification of complete application from'the ~D. epartEe~t of'.
~amvironmental Conservation, N.¥.:~'. by Sterling H~.rbor S~ipyar~
Greenport f~r Permission to Construct 392 1[f. 0{.'timber ~ulkliead
in fr~t:: of bulkhead for use as backfill. The D.E'.C'. states th~s
project will hot have a significant effect on the envirornnent.
The application may be reviewed until 'October 26,.
9. Receipt of j~ed~inm schedules from the Suffolk County
D~_p~Rrt~e~t of Public Works: This 'fali: Cedar
-C~e~. H~ls Creek 'andlGulI Pon~. The ones'from th~
Brushes Creek,'Jmme~.c~e~k,' Deep Role 'creek.,' west C=ee~'/.N~w'
]~u~'f01k, Schoolhouse Cr~d, Williams-creek, L~t~!~'Cxeel, .~preY
~k, Goldsmith 'Inlet, Goose, Creek, Town CreeR,' Buddm Pon~,
~Cr~k and St~rling Dasin. '
Moved by Councilman Drum, seconded by Justice Suter,
WHEREAS the South01d Town Planning Board and Suffolk County Depart-
ment of Planning have prePared official reports and rlec'o~unendations
on the ,app!icat~ion of .William W. Sch~.iever f~r a c.h.a'nge 'o~' zone
from B Lzght Business D~strzct to A Res.rdentzal and Agrzcultura
District on certain property situated in 0rient, New York,' and more
particularly bOUnded and described as follows: BEGINNING at a point on
the westerly line of Tabor Road, said point of beginning being 437.59
feet south 'along said westerly line 'of Tabor R~d from~its -intersection
with the Southerly line 'of Main Road; proceeding .along said westerly
line of Tabor Road the following two courses: (~1-) Solu'th '0 degrees 38
minutes East 334.10 feet, and (.2) South 8 degrees 06 minute~ '30 seconds
East 104.76 feet; thence 'along other lands 'of the petitioner the
following three courses: (i) South 82 degrees 32 minutes 20 seconds
West 233.57 feet, (2) North'0 degrees 38 minutes West 45;9~7~ feet,
and (3) North 87 degrees 47 minute~ 30 .seconds East 2t8~.37 feet to t~e
westerly line of Tabor Road and the point or place 'of' BgGlqqlqING..
Containing 2.27 acres, together wit~ such other land.s: of' the petitioner
to the west of the westerly line of the above 'described parceI as it may
be determined lies within the 50unds of the '-~B" Light Business District.
NOW, THEREFORE, BE. IT RESOLVED that a public hearing w~ll be he.Id
by the Southold Town Board at 7:45 P.M'.. Tuesday., Noizember .2i~' 1978
at the Southold Town Hall, Main Road, Southold,'New York'o~'the
aforementioned petition, at ~ch..'time any person .desiring to he
heard on the above proposed petition should appear at the time and
place above so specified, and be it further
RESOLVED that the 'Tow~ Clerk be 'and she hereby is 'autP~ori.z. ed and
directed to cause 'notice of said hear±ng to be 'publ]istLed in tt~e'
official newspaper pursuant to the requirements of law'.
Vote of the Town Board: Ayes: Councilman PeI1, Councilman Drum,
Councilman Roman, Justice Doyen, Justice Suter, Supervisor Martocchlia.
This resolution was declared adopted..
Supervisor Martocchia:
10. Notification from the Town Clerk relative to. call from
Linda De~qtt who stated she fell_over a marker in the gras~ on the'
no--~e~t~er of Main Roa~ and Youngs 'Avenue,' Southo'ld and h~rt
her leg. Highway Superintendent Dean 6rdered the 'matter investigated
and fnund that it was a 1" by 1'~ stake put there by LILCO for a gas
main locator. Mr. Folts broke off the marker.
11. Letter from Jody Adams, Peconic, New York. Ail members
of the Board were supplied wit~ a copy of this letter.
12. Letter from Mary Baldwin Pank%ewicz, Fishers Island, asking
if there is a possibility of Fishers Island receiving a bus 'similar
to the one recently provided to the~senior Cit'izens]'of~h~i'd~ '
This matter will he reviewed withMrs.' T~ibT from the~0ffice"o~'.the
~ging for Suffolk County tomorrow.
On motion of Councilman Homart, seconded by Councilman Drum, it~ras
RESOLVED that the Southold Town Board set 7~%D P.M.. Tuesday, November
~ Southold Town Hall, Main Road, Southold, New York as 'time'
and' place for hearingupon appli~tion of ~itcomb Investment. Company
for a permit under the provisions of the_J~Ordinance of the
Town of Southold for permission to provide for a 50 foot road, and
if so required by the Town of Southold, with a gravel bed not in
excess of 30 feet along the westerly portion thereof as an access
road to a proposed minor four lot subdivision on the north side of
Main Road, New York State Route 25, Orient, New York. Ail persons
interested in said matter shall appear at the time and place above
specified and will be given an opportunity to be heard.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
.1.26
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Pell,
WHEREAS the Knights of Columbus~ Marian Council, Cutchogue, New York
has applied to the Town Cler~k ~for a ~, and
WHEREAS the Town Board has examined the application, and after
investigation , duly made findings and determinations as required
by law,
NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby
is authorized and directed to execute/on behalf of the Town Board
of the Town of Southold the findings and determinations as required
by law, and it is further
RESOLVED that the Town Clerk be and she hereby is directed to issue
a Bingo License to the Knights of Columbus, Marian Council CUtchogue
New York. '
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Surer, Supervisor MartoCCHia.
This resolution was declared adopted.
Moved by Councilman Pell, seconded by Councilman Drum,
WHEREAS, the,~ of P.ebble Beach Farms Lot Owners Association,
Inc. provides that any amendment to its By-Laws shall not become effective
until approved by the Town Attorney and the Town Board, and
WHEREAS, at a meeting of the members of said Association held on
September 26, 1978, Articel VIII, Section 5, subdivision 8 was amended to
provide as follows:
(8) To bring and defend actions by or against one or more Homeowners
and pertinent to the operation of the Association, the Board may, in
its descretion, fund the cost of any such litigation out of the co~m~n
charge Assessments. The Board shall also have the right to engage in
nay litigation it deems reasonably necessary to carry out the normal
provisions of the Declaration and these By-Laws and may fund the cost of
any' such litigation out of the common charge Assessments.
NOW, THEREFORE, BE IT RESOLVED that this Board does hereby approve
of the above mentioned amendment to the-By-Laws !of Pebble Beach Farms Lot
Owners Association, Inc.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted. ~J
Supervisor Martocchia:
13'. There was a recovery of $3,250.00 for a police car which
was totalled-out and the money was put into the General Fund Whole
Town account and this money should be transferred to the Part Town
General Police account.
On motion of Justice Suter, seconded by Councilman Homart, it was
RESOLVED that, S3,250.00 be and hereby is transferred from General
~und Whole ~,own, revenues-insurance recoveries, to Part Town General
Police B3120.2
vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homart, Justice Suter, Justice Doyen, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by councilman Pell, it was
RESOLVED that $1,442.,14 be and hsreby is transferred from~ntingent
Account Whole Town A1990.4 to Whole Town General Street Lighting
A5182.4.
Vote of the Town Board; Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Drum, seconded by councilman Homan, it was
RESOLVED that $1.617.87 be abd hereby is_~ from.~n~n~t
Account Whole Town A1990.4 to ~ole Town General Disposal Area
A8160.4
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
CounCilman Homart, Justice Doyen, Justice Suter, Supervisor Martocchia.~
This resoltuion was declared adopted.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that $528..25 be and hereby is.transferred from_~
New York State Retirement A9010.8 to Whole Town General Workmen's
Compensation A9040.8.
Vote of the Town Board: Ayes: CoUncilman Petl, Councilman Drum~
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Mar%occhia.
This resolution was declared adopted.
On motion of Justice Doyen, seconded by Councilman Drum, it was
RESOLVED that $350.O0 be and hereby is tvnn~mrvad from F~mhmrS
Island ~er~y pistric.~ Operation of Ferry to Fishers Island Ferry
DistriCt Insurance.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan~, Justice Doyen, Justice Suter, Supervisor Marotcchia
This resolution was declared adopted.
On motion of Councilman homan, seconded by Justice Surer, it was
RESOLVED that 91595.89 be and hereby is tran~.ferred from Highway
Unexpended Balance to Item 1, Workmen's Compensation DR9040.8 -
$1005.41; Item 3, Workmen's Compensation DM9040.8 - $191.51; and
Item 4, Workmen's Compensation DS9040.8 - $398.97
Vote of the Town Board: Ayes Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Surer, Supervisor MartOcchia.
This resolution was declared adopted.
Supervisor Martocchia:
14~. There has been a budge~ submissionftom the Supervisor to
the~Town Clerk, and the Town Clerk to the Town ~9ay~ on October ~rd.
The budget will be studied for the next week or so. When the preliminary
budget~ is prepared copies will be available for the public~ A date
for the budget hearing will be set at the next meeting.
15. The Planning Board has submitted the~Development Plan
whichthey accept~ed and approved on September 14th. 'All members
of the Town Board have a copy for review.
1~. Receipt of a letter forom Joan C. Hatfiel~ for Concerned
Citizens relative to the impending research on Rift Valley Fever,
A tist~iof questions to Dr. Callis, Director of the Pi~ Island Anima~
Diseas.e Laboratory was at~'ached to the letter.
On motion of councilman Homan, seconded by Councilman Pell, it was
RESOLVED that application of St.ella Be~tolini, 516 Sterling Place,
Greenport, dated October 10, 1978, for permission to locate a single
family trailer on her property on the east side of Sterling Place,
Greenport, 'New York, be and hereby is grante,~ for .a six month,
non-renewable period, for a leased trailer, to be occupied while
Mrs. Bertolini's residence is being rebuilt due to fire damage.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homart, Justice Doyen, Justice Surer, Supervisor Martocchia.
This resolution was declared adopted.
Moved by Justice Suter, seconded by Councilman Homan,
WHEREAS_John F. Reeve and John T. Reeve has made application to
the Town Board of the Town of South01d to dedicate a certain road
in Mattituck, New York, to be known, as "BE~NETT'S..~OND. LANE" as
shown on subdivision map entitled "Map of Bennett's Pon~ at Mattituck,"
filed in the Suffolk County Clerk's Office on June 12, 1970, as Map
No. 5483, tog~her with release ececuted by the owners thereof, and
WHEREAW the South01d Town Highway Superintendent has inspected the
said highway and has advised the Town Board that said proposed highway
complies in all respects with the speificiations for the dedication of
highways in the Town of South01d,
NOW, THEREFORE, BE IT RESOLVED that in accordance with Section 171
of the Highway Law of the State of New York, consent he and the same
is given to the Superintendent of HighWays to make an order laying
out the aforesaid highway, to consist of lands described in said
application as shown on certain maps attached to said application, and
BE' IT'FURTHER RESOLVED that the Town Clerk be a~dshe hereby is
authorized and directed to forthwith cause the dedication,release
and deed to be recorded in the office of the Clerk of the County of
Suffolk, New York.
Vote of the Town Board: Ayes_; Councilman Pell, Councilman Drum,
Councilman Homan, Justice Surer, Justice Suter, Supervisor Martocchia.
Thi.s resolution was declared adopted.
On motion cf Councilman Pell, seconded by Councilman t{oman, it was
RESOLVED that Supervisor Albert M. Martocchia he and hereby is
authorized to sign an a reement ~rantinz the Villaze of Greenoort
a 15 foot easement from the westerly terminus of Nzcole Road~_to the
easterly line of sound Avenue, a distance of approximately 140 feet
for the purposeof laying and maintaining a yater ma. iB; said easement
is more particularly described as follows:
Beginnign at a point on the easterly line of Soumd Road,
said point being 29.5 feet northerly from the point of intersection
of the boundary line between the southerly end of the property of
the Grantor and ~he northerly end of lgnds no~ or formerly of Frank
Toledo and the easterly line Of Sound Road; Running thence north
27 degrees 31 minutes 20 seconds west 15.0 feet; Running thence
north 63 degrees 28 minutes 40 seconds east 140.78 feet; Running
Thence South 27 degrees 33 minutes 20 seconds east,15.0 feet; Ru~ning
thence south 62 degrees 28 minutes 40 seconds west 140o79 feet to
the point of beginning.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
Mr. David Driscoll, Southold asked what is the difference 'between
a billboard.of a Commercial nature and one of
where no application has been applied for? Isn't it within the
power of the police department to enforce the law, much less,~a
man who is a veteran of the police department sponsoriog such an
unlicensed sign? First it was in the road limit, then out of the
road limit, the County told him to take it down, but he moves
it back then forward, and it is still there. Does that meet wfth
the approval of the Board?---Supervisor Martocchia stated he knows
the sign Mr. Driscoll is talking about, and he has had instructions
to take it down.---Mr. Driscoll stated he may have had instructions
to take it down but yesterday another one went up. He would like
to recommend that the Board Confiscate the sign, which the County
is prepared to do it it goes back in the roadway, and he has had
notice from the County.---Mr. Driscoll said he knows the County
has seen fit to take action against the individual, but since it
is now out of the road limit he has no control over it~ As of
4:00 P.M. Friday afternoon the building insp'ector received no
application from anyone for any oolitical sign in the Town of
Southold.---Justice Suter stated-that if there is a complaint
the Building Department will go up and cite the individual.---Mr.
Driscoll said a political sign has also been plastered on a County
highway sign. This is not what a policeman's son is supposed to
do, and he thinks that the Board or the police committee should
see that that is stopped immediately. This has been going on since
before Labor Da¥.---Superviaor Martocchia stated he will follow up
on the matter ~ soon as he leaves the meeting.
Mr,~Driscoll also spoke about a trailer.that is parked on the road
limit of a County highway. How tong can this trailer be parked there?
There is one that has been there for six to eight months. It is on
the North Road.---Justice Suter stated that as long as it is legally
licensed there is notimit by the County and as long as it is properly
parked there is not limit by the County. If it is licensed by the
Statehe has a right to park it there, the same as a car or truck or
any other vehicle.---Mr. Dean stated it is a 15 foot tow trailer
parked on the north side of County Route 27A, west of Albertson
Lane, Greenport.
On motion of Councilman Homart, seconded by Justice Suter, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 3:35 P.M.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman HOmart, Justice Doyen, ~ustice Suter, Supervisor Martocchia.
This resolution was declared adopted.
~udith T. Terry
Town Clerk