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HomeMy WebLinkAboutTB-04/10/1973:334 SOUTHOLD TOWN BOARD MI~NUT~S ~4eeting of April 10, 1973 The Southold Town Board :met. at %h'e- office of Supervisor Albert~ M. Martocchis, ~6 South ~Street~,~.Greenport~ New Yor-~, at 3~:O0 Tuesday,~ April 10, 1973, with the following present: ~Super~isor Albert M.. Mar.tocchia¥- Coun.cilman Rich, Jr., Councilman James F. Homan, Justice Martin Suter, Justice Louis M. Demarest, Town Attorney Robert W. Tasker,-Superintendent of Highways Raymond~C. Dean, and Town CLerk Albert W. Richmond-.- Absent.: Justice Francis ~T. Doyen~ Moved. by~JusticeSuter, seconded by Councilman Rich,~-it Was RESOLVED that the minutes of March 27, 1973- be and they ~ereb~- are approved. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, J~tice Dema~st. Moved by Justice Suter, seconded by Councilman Homan, it was RESOLVED that the next meeting of the Southold Town Board will be held at 8:00 P.M., Tuesday, April 24, 1973 at the office of Supervisor Martocchia, 16 South Street, Greenport, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Rich, seconded, by Councilman Homan, it was RESOLVED that the reports of Supervisor Martocchia, Police, Justice Surer, Building Department and Town Clerk for the month of March 19~ be accepted by the Town Board and placed on file. ~ote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Justice Demarest, it was RESOLVED that the Town Clerk be and he hereby is authorized and directed to charge the following fees for copies of Town records: $1.00 for the first page $ .25 for each additional copy $1.00 for each certification Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich,Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Councilman Homan, it was RESOLVED that, Hartford National Bank and Trust Company as a designated depositary of this municipality be and it is hereby requested, authorized and directed to honor checks for the payment of moray drawn ~n this municipality's na~e from its Fishers Island Ferry District Account including those payable to the individual order of any person or persons whose name or names appear thereon as signer or s~gners thereof, when bearing or purporting to bear mechanical facsimile signature of Albert M. Martocchia, Supervisor. Hartford National Bank and Trust Company shall be entitled to honor and charge this municipality for such checks drawn on its Fishers Island Ferry District Account regardless of by ~hom or by what means the actual or purporting mechanical facsimile signature may have been affixed thereto if such signature or signatures resembles the specimen or specimens duly certified to and filed with Hartford National Bank and Trust Company. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich,~ouncilman Homan, Justice Suter, Justice Demarest. 335 Moved by Councilman Rich, seconded by JUstice Suter, it was RESOLVED that Edward Charnews, Peconic, New York, be and he hereby is appointed School Traffic Officer, Town of Southold, effective March 14, 1973 at the daily wage of $12.85, payable for each day worked, and he is to serve at the pleasure of the Town Board. Vote of ~he Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Justiee Suter, WHEREAS a~ordinance was heretofore enacted by the Town Board entitled "An Ordinance to provide for partial tax exemption of real property 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", WHEREAS,-this Board desires to amend such ordinance, NQW, ~qEREFORE, BE IT RESOLVED that a public hearing be held by the Town Board of the Town of Southold on the 8th day of May, 1973, a% the ~S~pervi~sor's Office, 16 South Street, Greenport, New York at 3:30~1ock, in the matter Of'the amendment of said ordinance as folllows, to wit: I. By amending the first sentence of Section 2 of said ordinance to read as follows: (a) If the income of the owner or the combined income of the owners of the property for ~he income tax year immediately preceding the date of making application for exemption exceeds the sume of six thousand dollars. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by ~Justice,~Demarest, WHEREAS the-term of~ John Wickham as a ~member of the Planning Board of the Town of Southold expires April 30, 1973, and WHEREAS John Wickham h~s rendered ~ most Valuable'service ~as a member of ~he Planning-Bo~rd'of ~t~he Town of Southo~d,~or a NOW, THEREFORE~-BE ~T~RESOLVED t~at~ John Wickham, be and he hereby fs-~ea~pointed.'to th.e~Pl~nning Board of the Town of Southold for a term'of five years, such term expiring April 30, 1978. Vote of the TOwn Board: Ayes,: -Supervi~o~Martocchia, Councilman Rich, Councilman Hemal, J~stice Su%er,.~Jus~ice Demar~est. Moved by ~ustice D~marest, seconded by Justice Suter, ~- WHEREAS '%her term 'of-office of~ Serge Doyen,~ Jr~, Fishers Island, New York, as a member of the Board of Appeals of the Town of Southold expires April 1~9, 197~ and ...... ~ ~ WHEREASi~th~ pas~i' ~S' ~ ~em~r of~the Board of Appeals.~ Serge Doyen, Jr. has rendered the Town of Southold a most valuable service; :- - ........ NOW, THEREFORE, BE IT RESOLVED that Serge Doyen; Jr. be and. he ~ereby is,reappointed as a membe~ of the Southold Town Board of Appeals for a term of five (5) years, commencing.,April.'19, 1973~ and en~ing~April~19,-1978. Vote 'of the~Town 'B~a~d: .-Ayes: ~Supervisor .Martoccbia, Councilman Rich, Councilman Homart, Jus,~ice~S~ter, Justice Demarest~ Moved by Councilman Rich, seconded by Councilman-Homan, WHEREAS the Southold Town~P~anni~g-Board and S~folk County Planning Commission have p~mpared-officiat reports-and r~eommendations on the application of William B. Con,ay on behalf of William B. Conway and Wilfred Jerome Conway for a change of zone from "A Resident,iai and ~icu~tural~ Dis-trict .to "B~-i" ~ener. a~t Business District, NOW, T~E~REFORE,-BE IT RESOLVED that & public hearing will be held by the Southo~d Town ~Bo~rd at -~eedport~ New~Yo~,-t6,South Street, o~-Ma-y 29;- t97.3, a~t. 7:30~P~M.,~-on~the~_aboveme~tiohed,petition, and that the Town Clerk be and he hereby is authorized~and di-rec~ed to cause notice of said hearing to be published in the official news- paper pursuant to the requirements of law. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Justice Suter, WHEREAS the Southold Town Planning Board and Suffolk Count~ .Planning Commission have prepared official reports and recommendations on the proposed Town Board amendments to the Building Zone Ordinanc~ of~ the Town of Southold together with the Building Zone Maps forming a part thereof, which are as follows: ~. By amending Article III, Section 3~00B by repea!ing~. subdivision 24 thereof. II. By amending Article III, Section 300C by adding a new subdivision thereto to be subdivision.7 to read as follows: 7. Yard sales, attic sales, garage sales, aqction sales or similar type sales of personal property owned by the occupant of. the premises and located thereon,~ subj.ect..to~ the following requirements: (a) Not more than one such sale shall ~be conducted on any lot in any one calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one on-premises sign not larger than 3 feet by 4 feet in size, displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (d) That a permit be obtained therefor from the building inspector upon the payment of a fee of $15.00. III. By amending Article III, Section 300C, subdivision 5 to read as follows: 5. Horses and domestic animals other than household pets shall not be housed within 50 feet of any lot line. Housing for. flocks of more than 25 fowl shall not be constructed within 50 feet of any line. ~ IV. By amending Article III, Section 303, to read as follows: SECTION 303 - ESTABLISHED FRONT YARD SET~ACK - Wher~ property in the vicinity is improved with permanent dwellings with a front yard area of less than that required by the . provisions of this ordinance, the front yard setback shall. be the average setback of the existing dwellings within 300 feet of the proposed dwelling, on the same side of the street, within the same block, and the same use district. V. By amending Article .III, Section 305 subdivision (a) to read as follows: (a) When located in the front yard, along front yard property Line, the same shall not exceed four (4) feet in height. VI. By amending Article III, Section 305 by repealing s~b- division (d) thereof. VII. By.~amending Article III by adding a new section thereto, to be Section 306: to ~ead as follows: SECTION 306 - SUBSTANDARD LOTS - In the '~A" District, in the case~ of a lot held in ~si~le and separate ownership on the effective date of this ordinance and thereafter with an area and/or width of less than the requirements of this ~-~ o~dinance, a single family dwelling may be constructed thereon with side yards requirements reduced by 25%, provided that all oh~mr yard requirements are complied with. VIII. By amending Article VI, Section 602, subdivisio~ 7, to read as follows: 7. Parking shall be provided in offstreet paved parking areas which shall provide for one (1) parking space,three hundred fifty (350) square feet in area, for each on.e hundred (100) square feet of sales fl~or area or office floor area in each building. 33'7 IX. By amending Article XIV byl adding a new section, to be section 1402 to read as follows: SECTION 1402 - CLUSTER DEVELOPMENT - The Planning Board may approve Cluster Developments for one-family detached dwellings in an A - Residential and Agricultural District according to the procedure'and requirements specified below. The purpose of such development is to provide flexibility in the design and development of land in such a way as to promote the most appropriate use of land to facilitate the adequate and e~onomical provision of streets and utilities, and to preserve the natural and scenic qualities of open space. 1. The maximum number of single-family lots that may be approved in a Cluster Development shall be computed by subtracting from the total gross area a fixed percentage of 20% of said area, and dividing the remaining 80% of the area by 40,000 square feet. (a) In computing the maximum number of lots that may be created, any lands which are subject to flooding or which are occupied by public utility easements in such a manner as to prevent their use and development, shall not be considered part of the total gross area. In a Cluster Develop- ment, lot area, width, depth, front yard, rear yard, and side yards shall not be reduced by more than 50% of the minimum requirements set forth in the Bulk and Parking Schedule. 2. The area of a Cluster Development shall be in single ownership or under unified control. 3. Prior to the issuance of a building permit in a Cluster Development a Site Plan shall be submitted to add approved by the Planning Board in accordance with Article XIV of this ordinance~and, the f~llowing conditions: ~ - . ~'~ .... (a.) Said~Site Plan shall include areas within which structures may be located,, the :height:~and spacing of buildings, open~spaces~:and~ their tandscaping,=off~street open and en¢tosed (if. any).'parking spaces, :and streets, driveways, and, any.other physical_ features~releva~: to the. proposed plan, and ....... {b) Said Site Plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions¥ -. 4, Nothing contained in, this ordinance sh~ll relieve the owner or his agent, or .th.e developer.of a~ proposed Cluster ~Development::f~om receiving.. Subdivision~Plat Approval. in accord- ance- with the Town Subdivision~ ~egulations. ~n approving the Final Plat for a Cluster Development the Planning Board may modify the a~reage; requirement for recreation areas as set forth in the Town's rules governing subdivision, review provided that the common land dedicated meets all oh~er requirements of the, Town.~ Subd:iuis~ion Regulations. 5:~ .-A'C.tuster:. Deve.lopment.~Sha~l~ be.organized as one of the following: (1)- A~.Homes Association approved by the Federal Housing Administration for.mortgage insurance as a "Planne~Unit Development", and.the Town Board; or (2) A Homes Associat~ion approved by the. To~rn Attorne~ and Town Board; or (3) Any other arrangements approved by the Tow~ Attorney and~Town:Board as satisfying the intent of this ordinance. Whenever a Homes Association .is p~oposed, .~he~own Board shall retain the right to review and approve the art:icles~of incorp- oration and charter of said Homes Associa~ion:, and to require ~' whatever condi~io~s~deemed necessary: to,insure that the intent and purpose of,-this ordinance is.carried out. ~In.considerat~on of said approval, the Town Board shall, in part, ::r;eq~ire the Cluster-' Deve.lopme~t ;to meet' the;fol~owimg~onditions.:. ~ ~'~ (a~) ~The~omes ~ssociat~ion .shall ~e ~st~blished as an~:'incorpor~te~ ~on-p~ofit.organi'zoztion opera,ting~nder recorded land agreemtns through which each lot.owner (and any s.uceed.~ng owner)-, is ~u~oma%icaltyza. ~ember~:.and each lot is ~utoma%.ically.s'ubject to a-cha~ge:~_for a:,proport:iDn~te-share of the expenses for the organization's activities. · 33:8 (b~ -'Title to ail common prop~r~y shall be placed in the Homes Association, or definite and acceptable assurance shall b~.~giv~n-that i~.automatical!y, will be so placed within_a reasonable period, of. time. (.c~ Each lot owner shall have equal voting rights in,the Assoc-iation and shall have the righ%~to the use and _~nj~oyment of the common property (d) Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the Homes Association. (e) Dedication of all common areas, shall be recorded directly on the~subdivision Plat, or by reference on the~ Plat.to.a. dedica~ion in a separately recorded document. Resubdivision of such areas .is prohibited: Th~.dedication shall: ........ . (i) Save the title to the common property ta the Homes Association. free of any cloud of implied public .dedication; and (ii) . Commit the developsr~ to_conuey~ th~ areas to the Homes Assoc&ation at an approved times;,and (iii_) Grant easement of en3oyment over the area ..to .the lo~,own~rs.; and ~ . . (iv) Giv~ to ~he Homes A.ssQciation~ the right tQ. borrow for.improvements upon~ the ~s~cur-i~y of the common areas; and (v) Give to it the righ~ to suspend m~mber- ship rights for non-payment of assessments or infraction of published rules. . 6. Covenants shall be.established,, limiting all lots to one-family use and all common lands to open. sp~ce uses. No structures may be erected on such common lands except as shown on the approvsd Site Plan.~ 7. , Each_ deed ~o each lot sold shall include.by. reference~'all recorded declarations and other restrictions (including assessments and the provision for liens for non- payment of such). 8. The Homes Association shall be perpetual; shall purchase insurance; pay taxes; specify in its charter and by- laws an annual homeowner,'s fee; pr~vision, for assessments, and provide that all such charges become a lien on each property in favor~ of said Association. The Association shall have the right ~o, proce~d in accordance with all necessary legal action for the foreclosure and enforcement, of liens, and ~ shall also ha~ the right to commence action against any member for the collection of any upaid assessment in any court of competent ~urisdiction ..... 9. The~ develeper~, shall ass~ume all responsibilities as previously outlined .for the Homes Association until a ~ajority of the dwelling sites.~are sold at which time the Homes Association shall be. automatically established. t0. Prior to Site Plan approval the~dsvelop~r, shall file with .the Town~ Board a performanCe bond to insure the proper installation of all required ~improvements,- and a maintenance _ bon'd to insure the p~oper maintenanc~ Qf_ all common l~nds u~iil ~he.Home.s Association is established...The amount and ~erm of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution, and surety shall be approved .by the Town Board. X. .By_~amending the Bulk and Parking Schedule of said ordiaance applicable to "A" Residential Districts by repealing colums B in said schedule. XI. By amending the Bulk and Parking Schedule of said ordinance-by.increasing the lot width applicable to single family dw~llings..in %he "A' ,Residential Districts from 135 feet to 150 feet. NO~, THER-EFORE, BE IT RESOLVED tha~ a public hearing will be held by the Southold Town Board at the office of the Supervisor, 16 South S~ree.t, Greenpor.t, New York, on May 8, 1973 at 7:30 ~.M., on the 339 abovementioned amendments to the Building Zone Ordinance, and that the Town Clerk be and he hereby-~is authorized and-directed to cause notice of~said hearing to~tbe.published ~in~ the official newspaper pursuant to,the ~equirements 'of law. T Vote of the~Town Board: Ayes: : Supervisor Martocchia, Councilman Rich, Councilman Homan,~ Ju-stice Suter, ~Justice Demarest. Moved by ~Councilman t{oman, seconded by Justice :Suter,. WHEREAS Sam Brown apptied~-{to the .Town. Board~_.for a singte'~trailer renev~al p~mit ~dat.ed ~ ~ · -~ - NO~, ~THEREFORE, BE IT RESOLVED,<tha.tthe application of Sam Brown to 1Dcate a single trailer on his-~property off Middle Road, Cutchogue, New York, ~be~ and hereby ~is granted for~ a :.period of six :~(6)~ months. Vote of~.the .Town Board: Ayes: Supervisor~ Martocchia.., Councilman Rich, Councilman t{oman., Jus~tice. Suter, ~Jtmtice Demarest. Moved by Justice .Suter, seconded by Justice Demarest, -it was RESOLVED that the Southold Town ~Board approves the ~Fishers Island Fer~ry District~'s acceptance ~of the lowest bidder on the improve- ments:of the~Fishers Island~ Ferry Dis~trict office by A. John Gada at $2,207.00. Bouten Services, Inc. bid was .$2,~779'.00~ Vote of the Town Board: Ayes: Supervisor. Martocchia, Councilman Rich, ~ouncilman-Homan, Justice Su~er,~ Justice Demarest. Moved,~by ~-Councilman Rich, seconded by Councilman ~{oman~,~it~was RESOLVED:~that Supervisor Martocchia be.and he hereby is _authorized ~o advertise ~for bids for-two (2.) sanitary units fo~ Town beaches. Bids to be opened April 26; 1973 at 2:00 P~.~i. at the .Supervisor's Office, 16 .South St~reet, Greenpor~,_ New York.-~- lfote of the~'Town~.Board~: _Ayes :~.~Superwisor ~Martocchia,~ Councilman Rich', ,~ouncitman.~ ~oman~ ~Just.ice Suter~ _~Justice ~Demarest. Moved ~by~ .Councilman.. Heman, seconded by ~Justice Demarest~5 WHEREAS, Ea'st.2End.Asso~cia~es ~has heretofore ,:presented a petition to this b~rd~-requesting that~,the :.territerI~ ,_des~ribed~in said petition ~be annexed tc-the Village of Greenport, and W~EREAS,~ a' public~.hearing-with respect to ~sa.id pet. ition was duly he~d .jointly with the.'Board ~of Trustees ~of ~the ~Viltage of Greenport on the .t2~-t~~ day: of,:~anuary, t97~3 to hea~ any testimony and receive evidence ~n'd ~informa tion' which may~_be.~pr esented _'concerning ;the ~said petition and the question/of whether the proPosed,~annexa~ion is~or is not~.in~:the ~o~er~alt public.interest, 1~0~, THEREFORE,~th~s-board ~does hereby ..make ~the~ following ~findings with -respect ~to ~comptiance ~of the ~said pet~it~.ion with,.the provisions of Article ~7 of the General Municipal Law and with respect~ to the.effect~of~.such~proposed~ annexation on the ov_er~a~l public interest~,-~to ~it: :~ -~. ~. ~ ~ ~ .~ ~.~ I. ~ .That _the said petition~substantiatty .complies~ in~ form with the prowisions _of ~-~rtiele .17 of the General~,~Municipal._Law. II. That ~he proposed annexation is ~not ~in the ov~er-all public interest ~(t) of..the-terri~to~y~proposed.-to.:be annexed or (2).-_ of~ the Viltage~of Greenport ~to ~which ,the :territory.is proposed to be ~annexed, ~or (3) of the 'remaining area ~of_the Town of~Southold in ~which said ~territory:~is~ssi~uated.,_. or~'(~) of tke Uni~n F~ee Scho~ District ~No~~ 10 or~the:.East-West ~F~r'e Proteetion District, both o~ which~dis~tricts are-situated ~part,ty:in the-~erritomy proposed.to,be annexed for the,following~reasons, to~wit.:,~_~ ~ (a) . :As .indicated on~:.~he map annexed ~to said petition the area of the territory sought to be annexed~ompri~es 48.7t86.~ac~es of,-uacant'.~and'.~ The~land on ~the.:.south ~and.twest -o~f,~the territory in question is within~the incorpprated Village owned by %h-e3..Viltage'~of, Greenport and ,is. unihhabited land utilized for park and watershed purposes by the,-Vit~lage~ ~. :The ~tand,~to the east a~d north,~ (aC~oss~Middte ~Road; ~Coun~y~:Route ~22):~is outside the incorporated limits of the Village of Greenport and is used, occupied and zoned for one family dwelling purposes. The territ-ory sought to be annexed and the land lying to the north and east thereof is within the "A" Residential and Agricultural District under the 34'0 Town of Southold ~uilding..Zone _Ordlnance~'.which:£provides for minimum size lots .of 40~0D0 :square feet ~f both: public~ water and public sewer ~are not provided and ~,20;.000 ..square-feet .if,:both public sewer and public water is provided~. :Public~wa~er,. is: auai~able territory~ in _question: but: public sewers, are:~n~ot. ~ -The ~zoning ordinance o-~ ~the~ Village ~of '~reenpo~t ~adopted~in :October'?. 19.7~1 provides that areas annexed to the Village shall be in the R-1 zoning district .w~ich r~equires--a minimu/u,'lot~ size of ~10,000 square feet without ~regar. d .to 'whether~'.pubtic~.sewe:a :or water is.provided. Therefore if the territory in question were annexed .t~ z.the :~Vil~age of Greenport., the zoning requirements of the ViIl~.ge~ of G~eenpor. t would permit four times the:;.numbe~, of~ dwellings to~be .~b~ilt than · s allowed by the Town:'s :zoning:~ordinance. :The Southold .~own Planning. Boa.rd:~has. recommended:that -:the~ proposed annexation: be denied since %the-~deve~opment, o.f ..the~ territor~:~with:, four:.~ times the number of dwellings permitted by the Town zoning ordinance would seriously endanger '.the :timited fresh water..'resources :of~ the Town and would conflict with the master plans .of: bo:th.~ the Town:of Southold and Suffolk County,.. The :Superintendent-of :Uti:lit~ies ~of: the Village at the, hear~ing on this matter.~conceded~:that the supply.of water in the Town is limited. -: - -.'~-.-':~.-: .... (b) 'The-petitionem'~s .attorney indicated~ at the :hearing on this matter..that~the .primary .reasons:for ~requesting ~.annexation was to avail themselves of the public sewer system of the Village of Greenport~.. , The. Village sewer ~system ~s'. ~a primary:-t~eatment system with a maximum capacity:of 500,-000 :gallons .per,:day.~ ~ The partially- .treated:~effluent ~is ~discha~ged into~the waters '~of, Long Island .Sound within ~the.. Town. of, S0uthold.. At the -hearing,:~the Village Superintendent of Utilities stated-.that such _system is presently ~n~viclation of law.~ The~.Village of :Greenport ~s presently engaged in litigation ~wit~h .r~espect,'to its sewer, system [Semahs Properti~, Inc. v. Board of Trustees if the Village of Greenport, Suffolk County, .Index 71-13687) ~ .-.Exhibits,.and ~ffidavits :submitted by the Village in,the :proceeding indicate -the'~ Vi~ltage '_s sewer system...ks presently operating :a~ .85% ~f its'~capacity~(425,~Q00) gallons per day); that.:the projected anticipated :-increase:.~ the load within the present limits ~o~ the-.Villag:e w~uld bring the:daily volume of the plant up to {5:55,.0~0 gallons ~pe~ ~ay. This .BOard believes :that.~the~proposed::annexation ~woutd ~possible~ r~'esult~ -in the discharge of::additionat-'amounts of inadequatel~ treated sewage into the waters..of Long Island Sound~and thereby endange the hea~h of the inhabitants of the Town of Southold.~ This :board further believes that if the'~territory in question ~were not: annexed t~: the:~iklage ~h~t .if petitioner ~were to-develop tke ~property with tots~'~o£ 20,000 square feet:in size, that. the developer.,~ at his' o~ ex~ens, e, would have to ~construct a communal sewersystem in conformance with present health standards, and therefor eliminate :any threat of pollution of the waters: surrounding the:Town,of :Southold. (c) This board is m~indful 0f the fact that the Village of Greenport is desirous~of 'increasing :its %tax base. ..The ~Territory in question is presently assessed'~on~-the :Tow~n tax :rolls at $1~,000, and if annexed would increase' the Village~tax base by~less~ than-one,half of one percent.? This board ~is of :the opin~n that the detriment to the, Town would far outweig, h any benefit :that-the ~Vittage would achieve by Such a .miniscule-&ncrease, in :its ~tax base~ For the reaons hereinbefore-set forth;.:this~Board.does hereby DETERMINE that it is-~not in the over-all :public. interest:t~ approve such proposed' annexation of the territory set:forth in the petition of East End Associates. - '~ ~ The foregoing resolu-tion was duly put to a vote which :resulted as follews: Supervisor Martocchia voting ~yes; Councilman:Rich voting yes~ Councilman Homan v-oting.yes,~: Justice Demarest-voting yes, Justice Surer voting yes ..... The resolution was declared..unanim~usty .adopted M©ve~Tb~r~oha~i~abe~nesss~edd~ ~if~6~BDam~ra~p~tition of East End Associates requestzng that the territory described in said petition be annexed to the Village of Greenport; and a p~bl~ hearing with respectto said petition having been duly held jointly with the Board of Trustees of the Village of Greenport on the 12th day of January, 1973, to hear any testimony and receive evidence and information which may be presented concerning the said petition and the question of whether the proposed annexation is or is not in the over-all public interest, and this town board having, by a res01utio~ duly adopted on the 10th day of April, 1973, duly defermined that it was not in the over-all public interest to consent to the~anexation of the territory described in said petition; Now, on motion of Councilman Homan, seconded by Justice Demarest, it is ORDERED that this town board does hereby determine that it is not in the over-all public interest to approve the proposed annexation of the territory described in the said petition of East End Associates and does hereby disapprove such proposed annexation and does not consent to the same; and it is further ORDERED, that the Town Clerk shall cause a certified copy of this order, together with copies of the petition, the notice, the written objectins~, if any, and testimony and minutes of proceedings taken and kept on the hearzng, in the office of the clerk of the Village of Greenport; and it is further ORDERED, that the town clerk shall cause a certified copy of this order to be filed in the office of the Cuunty Clerk of the County of Suffolk. /s/ Albert M. Martocchia, Supervisor, James H. Rich, Jr., Councilman, James Homan, Councilman, Louis M. Demarest, Town Justice, Martin Suter, Town Justice. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Ric~, Councilman Homan, Justice Suter, Justice bemarest. A recess was aalled at 3:45 P.M., to reconvene at 4:45 P.M. Meeting reconvened at 4:45 P.M. Moved by Justice Demarest, seconded by Councilman Homan, it was RESOLVED that General bills in the amount of $11,169.79; Fishers Island Ferry District bills in the amount of $13,~55.00; Highway bills in the amount of $8,430.48; Special District bills in the amount of $4,561.89; and Capital Account bills in the amount of $3,277.32 be and the same are hereby ordered paid. vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Mrs. Jean Tiedke appeared before the Board to propose an investigation into the polution of ground water at the Town Disposal area. Meeting adjourned at 5:00 P.M. Albert W. Richmond Town Clerk