HomeMy WebLinkAboutTB-11/08/1978SOUTHOLD TOWN BOARD
November 8, 1978
Executive Session
10:30 A.M. - Richard ~Cron, Esq. and Ernest Wilsberg spoke to the'
Board relative to th~¥devglop~ent Of their property at Orient Point.
They have pending before the Planning Board a proposal for a 38 lot
major subdivision on the property which~contains approximately 50
acres. They do not feel this is the best way to go. The Suffolk
County Planning Department suggested Clustering condominiums~and
they feel that is the best proposal. Mr.~Cron and Mr. Wilsberg
presented a draft proposal:~for, preserving the shore front and
centralizing approximately 160 units on the upland. There was
discussion relative to public water and sewage.---The Board indicated
that the new proposal for condominiums wouldrequire an "M" zone.
They should also go the the Planning Board for their evaluation of
the proposal.
11:45 A.M. -.Mr. Walter Kohnle and Mr. Alex McBride spoke to the
Board relative to their proposal road~district for the development
of,Island View Lane~ Greenport as a Tovm Road. Engineer John Davis
prepared an inspection' report 'of the existing road for Highway i
Superintendent bean, whic~ indicated the cost toi'mprove20 ft. of
width would cost about $12,300.00 There is one problem at the
present time, however, four or five property owners along the roadway
do not wish to give their~approval for the project.---Supervisor
Martocchia stated he would arrange a meeting between Town Attorney
Tasker, Mr. Mc Bride, Mr. Kohnle and himself.
2:00 P.M. Mrs. Marie Johnson spoke to the Board on behalf of her
daughter and son-in-law SuSan and Fred Pivko. She stated that
they were offered a 20 ft. strip of'property by Mrs. Krichgessner
when she was developing a road for her subdivision and Mr. & Mrs.
Pivko refused it as being worthless to them. On May 3, 1978 they
received a deed in the mail and letter from Gail Wickham, attorney
for Mrs. Kirchgessner stating the 20 ft. strip had been 'deeded t6~
them and recorded with the County Clerk, and~the letter indicated
this would not affect their real property taxes. When the assessment
notices went out, Mr. & Mrs. Pivko received an increase of $100.
They spoke to Assess6r Charles Watts. who stated the increase was
due to the 20 ft. parcel. They filed a grievance and the Assessment
Review Board upheld the assessment as being correct. Mrs. Johnson
then talked to Town Attorney Tasker~who suggested returning the deed
with a letter refusing the conveyance, and objecting to having it
forced on them. She stated this small parcel of 1Rnd is an old
hard-packed roadway and is in front of the hedge at the Pivko property.
It is not included in the property covered by their mortgage held
by the Southold Savings Bank. When they spoke to the Bank they stated
when they receive~ the tax bill they would be forced to pay the entire
amount; they could not withhold payment for the 20 ft. strip which is
included in the entire bill. Mrs. Johnson asked for a solution to the
problem. Town Attorney Tasker said one solution would be to draw
another deed and transfer the property back to Mrs. Kirchgessner.
A regular meeting of the Southold Town Board was held on Wednesday,
November 8, 1978 at the Southold Town Hall, Mian Road, Southold, New
York. Supervisor Martocchia opened the meeting' at 3:00 P.M. with
the following present:
Supervisor Albert M. Marto¢chia
Justice Martin Suter
Councilman James Homan
Councilman Henry W. Drum
Councilman William R.Pell III
Town Attorney Robert W; Tasker
High~ay Superintendent Raymond C. Dean
To~n Cl'e~k Judith ~T.~Terry
Ah~enk: Justice Franci'~'T. Doyen
On motion of Councilman Homan, seconded hy Councilman Pell, it was
RESOLVED that the minute~ of a regular meeting of the Southold Town
Board held on October 2~ 1978.hei and the~.h~reby are approved as
submitted'.. " ' - ..
Vote of the Town Board: AyeS: Councilman PeI1, Councilman Drum,
Councilman Homart, Justice S~ter, Supervisor Ma· rtocchma.'~' Absent:
Justice Doyen.
This resolution was-declared adopted.
On motion of Justice Suter, seconded bycouncflman Drum, it was
RESOLVED that the next .regular' meeting of the SoUth01d Town Board
will he held at~3:00.1P,~'., Tuesday, No~'ember 21,/1978 at the
Southold Town Hmll, Main Road, South01d, New: York.
Vote of the Town Board: Ayes.: Councilman PeI1, Councilman Drum,
Counci;l~n Homart, Justice Suter, Supervisor Marto'ccbif'a.'~' Absent:
JusticeDoyen.
This 'res0t~tionwas declared adopted.
On motion ~ Councilman Homart, seconded hy Councilman Pell, it was
RESOLVED that the following audited hillm 'he end-.be'rely are ordered
paid: ~General Fund krhole Town - $26,968..47; General Fund Whole
Town Medicare 'Reimbursement - $i,518..~0; General Fund Part Town -
11~43'7.~3; General F~nd Par~.Town Medicare ~eimbursement - $633.50;
ignway oepartment - $79,558.0'4; Highway Medzcare'Re'imbursement -
~i,613.:30; F~shers Island Ferry District:-$26,41.7['37; Federal
~evenue sharing - $6,140.2.~. ..
Vote Of the Town Board: Ayes: Councilman Peli, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Ma~toc'chi. a. AbSent:
Justice Doyen.
This resolhtion was declared adopted.
On motion of Justice Suter, seconded byMouncflman Drum, it was
RESOLVED that the October reports~.of the S~pervisor'~ Town Clerk,
Building Department, Assessors, Justice S~ter~ Dfsp'~al Area be and
,hereby are received and orderd placed on file.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Surer, Supervisor Martocchia. Absent:
Justice Doyen.
this resolution was declared adopted.
Supervisor Martocchia:
1. Notice from the N.Y.S. Department of Environmental
~onservation. stating that Harold Reese proposes to extend present
canal approximately 435 ft., dredge to 5 ft. below mean low water,
remove approximately 8000 cu. yds. of fill and bulkhead the sides
of the canal. Spoil will be placed on adjacent upland. Project
located on Peconic Bay, Southold Shores, Southold, The DEC asks
whether the Town of Southold desires to be the lead agency. This
is being referred to the Planning Board.
2. Application to the Department of the Army,~Corps of Engineers
by Marian Pell, Greenport, for permission to build a timber pier and '
maintenance dredge at Stirling Basin, Greenport. Co~a~ents by November
24, 1978.
3. Application to the Department of the Army, Co,rps of Engineers
by_Rob~.t W. Martens for permission to maintain two ~i~ting floats
at Dawn Lagoon, Greenport. This has been referred to Councilman Pell
for investigation and recommendations.
4. Receipt from the Department of the Army, Corps of Engineers
or--granted by khem during the month of Seotember 1978..
5. Public Notice from the Village of Greenport stating their
Planning Boardhas approved a fi~--~vironmenta% Impact Statement
in'~egard to the application of.Ma~on¥ Trans00rt & ~er~ Service,..
Inc. to locate a ferry terminal in the Village of Greenport. The
statement i~ on file for inspection in the office of the Clerk of
the Planning Board, Greenport.
6. Receipt from ~W~Wilfred Sinclair of the Fishers Island Ferry
D_~strict and Town Attorney Tasker two maps of Fishers Island' Ferry
District property at New London, Connecticut.
7 Letter ~ron the ~
Fzshers Island School to the U.S Department
~of ~gD!~.b~ Education and W~lfare r~ three house'~ 'on Fishers
%sland offered by the Federal Property Assistance ProgKam. The Town
Withdrew the offer in favor of the Fishers Island School and still
does not have an interest in the property.
BB Receipt of a draf~azreement between the County of Suffolk
and Town of Sourhold for the ~upervision of Ceda{ beach. Town Attorney
Tasker will review the agreement. A decision will be made later in
the meeting.
9. Letter from the N.Y.S. Department of Environmental Conserva-
~.tion stating they are considering the addition of "seed" clam purchase,
Growout and planting projects in its P.L. 88-309 Shellfish project
for the years 1979-1982.---The Town Board would be interested in
participating in this program.
10. Letter from the Town Clerk of the Town of Babylon trans-
mitting a copy of.a resolution passed by the Town of Babylon ~regarding
the Anti-Recession Funds.. The Town of Southot~ would like to join
~ith the Town of Babylon in their request to the President of the
United States to call the Congress back into Special Session to act
on the much needed legislation on Anti-Recession Funds under Title II.
On motion of Councilman Drum, seconded by Councilman Pell,
WHEREAS, the United States Government has heretofore~authorized An~i-
Recession F~n-~ under Title II (Anti-Recession Provisions Public Law
94-369), the Public Works Emp%0yment Act of 1976, and
WHEREAS the United States House of Representatives has failed to act
upon the renewal of such legislation after approval by the United
States Senate, and
WHEREAS, said failur& to act will result in some budgetary short-
fall in the Town of Southotd, which is an eligible recipient of said
funds, which budgetary short-fall must be made up by other sources,
NOW, THEREFORE, BE IT RESOLVED, that this Board does go on record as
urging the President of the United States to call the Congress of the
United States back into Special Session in order to act upon this
much needed legislation and to rectify a glaring oversight on the
part of the House of Representatives during the period immediately
prior to adjournment, and be it further
RESOLVED that the Town Clerk is directed to forward a copy of this
resolution to the President of the United States, the Speaker of the
House of Representatives and the ~ongressmen representing Nassau
and Suffolk Counties.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Surer, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
11. Letter from Dr~J. Douglas Gl~eser who did a study for
the Town on the~LILCO Jamesport nuclear plant proposal, stating
that he has checked with the Corps of Engineers relative to the
application pending for~jetties at the Jamesport site, and the
Corps advised him ~hey will not act on the jetty review question
until a decision is made by the New York State's Energy and the
Environmental group concerning the suitability of the site for the
power installation proposed.
12. Thank you letter from Lawrence N. Adams, teacher at
Greenport Public School for letting his class tour the Town Hall
facilities. This letter included thank-you's from the following
students: Kelly Clift, Peggy Carey, Thomasina Boldin, Michelle
Hansen, Jacqueline Mims.
13. Supervisor Martocchia reported that there was a meeting
with the~ Vice Presidenn. of CATV last week. Proposals were submitted
by CATV as to what they plan to do over a three year period with
extension of cable throughout Southold Town. The Board asked for
study on a couple of other areas and when this is returned for review
another meeting will be scheduled.---David D~iscoll~ Southold, asked
if the Board was aware that last night Channel 6 was sponsored, it
was strictly commercial programs. He wonders if they are permitted
to sell time on a so-called public service channel.
14. The Supervisor received a telephone call from Alex Gro~wall
of the N.~Y.S. Parks and Recreation Department at which time he indicated
he could make available to the Town of Southold a certain amount of
~OUys ..for~channel marking. The Board has requested the Supervisor to
ask for 15 red cans and 5 black cans; which will be done~
15. Item 15 om the agenda was a request for the~removal of a
street light and the request has been withdrawn.
Moved by Councilman Homan, seconded by Councilman Pell,
WHEREAS Lawrence Kirk~ by application dated July 29, 1978 petitioned
the Town Board of the Town of ~buthold for a change of .~0ne on certain
ro~erty situated at Cutchogue, New York, from "A" Residential and
r~cuttural District to~"B-1'~ General Business District, and
WHEREAS the said petition was referred to the S~uthold Town Planning
Board of the Suffolk County Depmrtment of Planning for official
reco~m~endation and repdrt, and
WHEREAS, the Town Board pursuant to due notice held a public hearing
thereon on the 24th day of October, 1978, at 7:30 P.M. at which time
all interested persons were given an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED that Lawrence Kirk be and hereby
is.granted a,,cha~ge of zone from "A" Residential and Agricultural
District to B-1 General Business District on his property situated
at Cutchogue, New York, and more particularly bounded and described
as follows: BEGINNING at a point on the southerly line of the Main
Road, at the northeasterly corner of land of Kirk, from said point
of beginning running along said southerly line, North 36*09'00"
East 100.25 feet; thence along land of John Wickham two courses and
distances as follows: (1). South 49*50'30" East 157.0 feet; thence
(2) South 40*09'30" West 100.0]~feet to said land of Kirk; thence
along said land North 49*50'30" West 150.0 feet to the point of
BEGINNING.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
16 The Town Board is ready to make a decision on the applica-
ation of ~stern Long Island Kampground, Inc. for a permit in accordance
with Chapter 88, Arkicle II, Recreation Vehicle Park, to increase the
number of sites from 1234 to 148. There was discussion at the public
hearing relAt±Pe-to some unlicensed ~ehicles that should not be on
the premises. Mr. Wilton was called in to discuss the matter and
the vehicles have been removed, and he assured they would,.not be
brought in again.
On motion of Justice Suter, seconded by Councilman Drum,
WHEREAS Eastern Lon~.Island K~mpground, Inc.. by application dated
August 4, 1978 petitioned the Town Board of The Town of Southold for
a permit in accordance with Chapter 88, Article II, ReCreation,Vehicle
~ark, to increase the number of sites from 124 to 148, and
WHEREAS, the Town Board pursuant to due notice held a public hearing
thereon the 24th day of October 1978 at 8:00 P.M., at which time
all interested persons were given an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED that Eastern LonA Island Kampground,
Inc. be and hereby is. ~ranted permission to increase the number of
sites from 124 to 148 on property located at 690 Queen Street,
Greenport, New York.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homart, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
_Mr. David Driscoll asked if the permit provides a limitation on
the amount of rental t~ailers.---Supervisor Martocchia stated there
are no rental trailers allowed.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that $15,000.00 be ~nd hereby is transferred from Unexpended
Balance, Fishers Island Ferry Distrlc~ to Operation of the Ferry,
Fishers Island Ferry District.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homart, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On mo~ion of Councilman Homart, seconded by Justice Suter, it was
RESOLVED that~be and hereby is_~~ from Unexpended
Balance, ~ishera Island Ferry Distric~ to Insurance, Fishers Island
Ferry District.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Surer, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homart, seconded by Justice Surer, it was
RESOLVED that~$~75.36 be and hereby is_~~from Unexpended
Balance, Fiahmra Ia]and Ferry District to New Ferry, Fishers Island
Ferry District.
152
Vote of the Town Board: Ayes: Councilman Peli, Councilman Drum,
Councilman Homart, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that $1,660.44 be and hereby is transferred from Part~T~wT~
Contingent B1990.4 to B1910.4 - $1,169.25; B3130.4 - $35'0.38. and
B8020.4 $140.81. '
Vole~of ~he Town Board: Ayea: Councilman PeI1, Councilman DrUm,
Councilman Homan, JusticeSuter, Supervisor Martocehiia. A~se~t;
Justice Doyen.
This resolution was declared adopted~
On Motion of Councilman Pell, seconded by Councilman Homan, it was
RESOLVED that $9.068.44. be and hereby is transferred from Whole Town
Contingent A1990.4 to A10t0~4 - $57.~9; A19t0.4'.$2.,185.75; A5182.4-
$5,201.89; A7620.4 -$466.00; A816'0'.4 -$1,097.'31; and A8510;4 -
~ote of the Town Board: Ayes: Councilman Pell, Councilman DrUm,
Councilman Homart, Justice Surer, Supervisor Martocchia. Ab, sent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homart, seconded by Justice Suter, it was
RESOLVED that $1.500.00 be and hereby is transferred from General
Fund Whole. Town A7530.4 Shellfish to General Fund Whole Town Contingent
A1990.4
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia.
This resolution was declared duly adopted.
Supervisor Martocchia explained that there is a matching fund
program for transplanting clams by the Stat9 of New York. The
Town put up $1,500 and the State matches it with $1,500. Initially
the $3,000 must be paid by the Town and is then reimbursed by the
State.
On motion of Councilman Hoamn, seconded by Justice Surer, it was
RESOLVED that $7.285.34 be and hereby is transferred from Highway
DR9100.8 ~t'em I, State Ret'irement to Highway DR5110.4 Item I,
Contractual.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homart, seconded by Councilman Drum, it was
RESOLVED that $2,911.82 be and hereby is transferred from Highway
DS5140.4 Item'IV, Contractual Miscellane0~s ~ Highway DM5130.~
Item III, Contractual.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homart, Justice Sut.er, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that ~3.998.12 be and hereby is transferred from Highway
DS5140.1 Item IV, Personal Service, Miscellaneous to Highway DS5142.4
Item IV, Contractual Snow and Ice.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homart, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion Of Councilman Homart, seconded by Justice Surer, it was
RESOLVED that~34~3..62 be and hereby is transferre~ from Highway
DS9060.8 It~emIv, Medical and Hospital Insuranc6 to Highway DS5I'4~4
Item Iv, Contractual Snow and Ice.
Vote of the Town ~oard: Ayes: Councilman ~Pell, Councilman Drum,
Councilman Homart, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Drum, it was
RESOLVED that $343.62.be and hereby is transferred from Highway
DS5140.4 Item IV, Contractual Miscallaneous to Highway DS 5142.4
Contractual Snow and Ice.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter0 Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted~.. ' '
On motion of Justice Suter, seconded by Councilman Homan, it was
RESOLVED that the Southold Fire Department be and hereby is granted
permission to use Tuckers Lane, Griswold Street, Terry Court, and
Glover Street, Southold as staging area for firemen and trucks for
a_parade to be held on Saturday, January 6~ 1979 to celebrate
~Georze Gaffga Day, provided the necessary znsurance is secured to hold
the TOwn of Sout~ld harmless.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resoluti0n was declared adopted.
Supervisor Martocchia:
17. Stated he has been in contact with Community Development
.~ro~ram and there are some monies available for small ~iti~s a~d
the Town of Southold does qualify as a small city and will determine
what strings are attached to such monies. The deadline for applica-
tions will be sometime in late sp~ing of next year.
On motion of Councilman Homart, seconded by Councilman Pell, it was
RESOLVED that Supervisor Albert M. Martocchia be and hereby is
authorized to sign an agreement between the Board of Co~Lissioners,
Southold Fire District, Southold, and the Town of Southold for a five
year lease of a tract of land located on the north side of the Main
Road, Southold, surrounding the
field.
Vote of the Town Board: Ayes:
Councilman Homan, Justice Sute~
Justice Doyen.
This resolution was declared
On motion of Councilman Drum, ~
RESOLVED that Supervisor Alber~
authorized to sign an amreemen'
Suffolk and the Town Of Southo]
To~~Southold to provide lay
Local Laws and Regulations on
the southern end of the penins~
of Southold, ~nown as Cedar Be~
year commencing January 1, 197!
in consideration of the service
pay to the Town the sum of five
annum upon the submission to Cc
Vote of the Town Board~ Ayes: f
Councilman Homan, Justzce Sutez
Justice Doyen.
This resolution was declared ad
fire house, and used as a. parkinz.
~uncilman Pell, Councilman Drum,
, Supervisor Martocchia. Absent:
.opted.
econded by Councilman Pell, it was
M. Martocchia be and he hereby is
and license between the County.of
d which shall give a license to th&
enforcement by Town Ordinances and/or
sixty-three acre ~Arcel'of t~nd on
la extending into Hog Neck Bay~ Town
ch County Park, for a term of one
and ending December 31, 1978; and
s to be performed the County will
thousand (45,000.00) dollars per
unty Vouchers in proper form.
ouncilman Pelt, Councilman Drum,
, Supervisor Martocchia. Absent:
opted.
Supervisor Martocchia stated t~ere will be a public hearing at
4:00 P.M. on the 1979 budget, ~:15 P.M~ on the. Federal Revenue
Sharing budget, 7:30 P.M. on tSe 1979 Budget and.7:45 P.M. on
the ~_~eral Revenue Sharing Bud
~r Charles Hickey, Southold, s
type ~achines for picking up 1~
Highway Superintendent Dean sta
to purchase the machines, they
cost of over $50,000. to cover
$4,000. to $5,000. each.---Mr.
some machines next year using m
not have to go around telling p
he would like to see the State
Martocchia stated he tried to g
area but they refused, with the
Area, if they applied for a per
get.
sked why the'Town does not have vacuum
aves? Southampton has it, why can't we?---
ted he just does not h~ve enough money
would eight to ten of them at a
the entire town. The Machines cost
Hickey suggested we might be able to get
oney ~aved in gas if t~e police did
eople not to burn.---MI. Dean said
lift the bruning b~n.- -Supervisor
et the State to left t~e ban for this
only condition being ~he Disposal
nit it would be considered.
Mrs. Gladys Csaiko asked if the Board has any more in~
the_development proposed for Yo~ngs Avenue, Southold?-
Martocchia stated that all he k~ows is something did
Planning Board about a week to ten days ago. He does
what is happening with it at thD Present tiem.--~Mrs.
whether the project would come ~efore the Town Board?~-
ormation on
--Supervisor
o to the
not know
Csaj ko asked
-~- Supervisor
:154
Martocchia said the zone has been changed,, and they now work with
tehe Planning Board. What appears to be the matter'in dis:cussion
with the public is that this may become a subsidy project.
Miss Jody Adams, Peconic spoke about the sewage treatment plant
at what state of development shouId it be installed? .... Supervisor
Martocchia said his understanding-is that it cannot become operational
unlass the plant is in and functioning. (This discussion was in
reference to condomimium type developments.)
On motion of Councilman Drum, seconded by Councilman Homan, it was
RESOLVED that there being no further business to come before~this
Town Board meeting adjournment be called at 3:40 P.M.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homart, Justice Surer, Supervisor Martocchia. Absent:
Justice Doyen.
This mesolution was declared adopted.~
~Judith T. Terry
Town iCi erk