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HomeMy WebLinkAboutTB-04/08/1975SOUTHOLD TOWN BOARD MINUTES Meeting ~ April 8, 1975 The Southold Town Board met at the office of Supervisor Albert M. Martocchia, 16 South Street, Greenport, New York, at 3:00 P.M., Tuesday, April 8, 1975, with the following present: Deputy Supervisor Louis M. Demarest Councilman James H. Rich, Jr. Councilman James Homan Justice Martin Suter Highway Superintendent Raymond C. Dean Town Attorney Robert W. Tasker Town Clerk Albert W. Richmond Absent: Supervisor Albert M. Martocchia Justice Francis T. Doyen On motion of Councilman Homan, seconded by Councilman Rich, it was RESOLVED that the minutes of the Southold Town Board meeting of March 25, 1975 be approved as submitted. Vote of the Town Board: Ayes: Deputy Supervisor Demares~, Councilman Homan, Councilman Rich, Justice Suter. On m~tion of Justice Suter, seconded by Councilman Homan, it was RESOLVED that the nex~ regular meeting of the Southold Town Board will be held at 3:00 P.M., Tuesday, April 22, 1975 at the office of Supervisor Albert M. Martocchia, 16 South Street, Greenport, New York. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter~ On motion of Councilman Homan, seconded by Justice Suter, it was RESOLVED that the March reports of the Police Department, Supervisor, Justice Suter, and Town Cte~be accepted and placed on file. Vote of the Town Board: Ayes: Deputy Sup~vlsor Demarest, Councilman Rich, Councilman Homan, Justice Suter. On motion of Justice Suter, seconded by Councilman Rich, it was RESOLVED that the following bills be approved: General bills in the amount of $I6,711.79; Highway bills in the amount of $13,759.05; Fishers Island ~erry District bills in the amount of $22,264.49; Special District bills in the amount of $7,760.99; and Revenue Sharing Fund bills in the amount of $2,573.42. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman ~oman, Justice Suter~ ~$%ic On motion of Justice Suter, seconded by Councilman Horn, it was RESOLVED that the $1~451.84 voucher submitted by Appeal Printing Company for expenses incurred by the Town Trustees be approved for payment. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter. On motion of Councilman Rich, seconded by Councilman Homart, it was RESOLVED that authorization be given to the Board of Commissioners of the Fishers Island Ferry District to advertise for bids to completely overhaul the M/V Olinda diesel engine while aboard the vessel. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter. On motion of Justice Kuter, seconded by Councilman Rich, it was RESOLVED that the Fishers Island Ferry District be granted permission to advertise for bids to (1) repair cracks in airport aprons. (2) Paint center lines down each runway as prescribed by Federal Aviation Administration. (3) Number each runway in accordance with Federal Aviation Administration requirements. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter. On motion of Justice Suter, seconded by Councilman Rich, it was RESOLVED that the Supervisor be and he hereby is authorized to request the Long Island Lighting Company to remove all 400.MV lights in the Town of Southold and replace them with 175 MV lights. Votevof the Town Board: Ayes: Deputy Supervisor Dema~esk, Councilman Rich, Councilman Homan, Justice Suter. On motion of Councilman Rich, seconded by Councilman Homan, it was RESOLVED that the Southold Town Board approves the action of the Fishers Island Ferry District in hiring Phyllis Griffin as a Clerk- typist to do the necessary work while Mrs. Ione Norton is out due to the critical illness of her husband, and on a standby basis whereby she can be used in the future in the event of any emergency requiring her sez~ices. Vote of the Town Board: Ayes: Deputy Supervisor Demarest,~ Councilman Rich, Councilman Homan, Justice Suter. On motion of Councilman Homan, seconded by Councilman Rich, it was RESOLVED that the Southold Town Board submit a letter to the New York State Department of Environmental Conservation, Stony Brook~New York, registering their objection to the construction of an open timber dock approximately 250 ft. in length, by 6 ft. in width by Robert Dier, in the north side of Southol~ Bay, 500 ft. east of Founders Landing Town Beach at Southold. Vote of the Town Board: Ayes: Deputy SUpervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter. Moved by Councilman Homan, seconded by Councilman Rich, WHEREAS the following local law being proposed Local Law No. 2 - 1975 was heretofore introduced at this meeting by a member of this Board, said local law being as follows, to wit: LOCAL LAN NO.~- 1975 A Local Law to amend Chapter 100 (Zoning) of the Code of the Town of Southold in relation to notice of change of zone; notice of hearings by the Board of Appeals; the keeping and housing of animals; site plan approval; ~h~ length of multiple dwellings; minimum floor area of dwelling units; detached or ground signs; display of merchandise; uses in B-1 Districts; expiration of Building© permits; and front yard setback in C Districts. Be it enacted by the Town Board of the Town of Southold as follows: I. Section 100-30A. (~) (c) of Article III of Chapter 100 of the Code of the Town of Southold is hereby amended to read as follows: (c) The keeping of not more than two honses and/or ponies owned and used by the owner ofthe premises for his personal use, provided that the land area devoted to such use shall not be less than forty thousand (40,000) square feet. II. Section 100-30 C. (5) of Article III of Chapter 100 of the Code of the Town of Southold is hereby amended to read as follows: (5) Horses and domestic animals other than household pets, provided that such shall not be housed within forty (40) feet of any lot line. Housing for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. III. Section 100-40 A. of ~rticle IV of Chapter 100 of the Code of the Town of Southold is hereby amended to read as follows: Ao Permitted uses, subject to site plan approval of the Planning Board in accordance with Article XIII hereof. IV. Section lO0-40~A. (2) of Article IV of Chapter 100 of the Code of the Town of Southold is hereby amended to read as follows: 249 (2) Multiple dwellings not exceeding one hundred twenty-five (125) feet in length designed for an occupied by not more than four (4) families. V. Article IV of Chapter 100 of the Code of the Town of Southold is hereby amended by addinc 100-42, to read as follows~ ~100-42 Livable floor Each dwelling unit in Multiple Residence District not less than eight hundre~ a one bedroom or studio dw6 area of not less than six VI. Article V of Cha Southold is hereby amended Section 100-53, to read as §100-53 Livable floor Each dwelling unit in Multiple Residence District not less than eight hundred a one bedroom or studio dw6 area of not less than six VII. Section 100-60 of the Code of the Town of new sentence at the end th~ As used in this paragI contiguous property in coma a new section thereto, to be Section area. a multiple dwelling ~nethe M Light shall have a livable floor area of fifty (850) square feet, except that lling unit shall have a livable floor undred (600) square feet. ter 100 of the Code of the Town of by adding a new section thereto, to be follows: area. a multiple dwelling in the M-1 General shall have a livable floor area of fifty (850) square feet, except that lling unit shall have a livable floor undred (600) square feet. (3) (a) of Article VI of Chapter 100 Southold is hereby amended by adding a reof to read as follows: apb, the word premises shall mean all Dn ownership. VIII. Section 100-63 of Article VI of Chapter 100 of the Code of the Town of Sou tho~d is hereby amended to read as follows: ~100-63 Uses confined to enclosed buildings. All uses permitted in a B District, including the display and sale of merchandise, and the storage of all property, except living plants, shrubs or trees, shall be confined to fully enclosed buildings on the premises. · IX. Section 100-70 B_ (f) of Article VII of Chapter 100 of the Code of the Town of SoUthold is hereby amended to read as follows: (f) No motor vehicle or repair shops or similar hundred (300) feet o~ a chi orphanage or a rest home. X. Section 100-70 B. of ~he Town of Southold is thereto, to be paragraph (~ (5) Cabinet shops, ct Shops, furniture repair she XI. Article XII of C~ Southold is hereby amended Section 100-125, to read ag ~100-125 Notice of hes A. In all cases wher~ a public hearing, in addit~ by law, a written notice c¢ be sent by the person peti~ c~rtified ~mi~egistered mai adjacent thereto. In the interest in any p~perty im~ the subject of such petiti¢ given to the owners of the of the petitioner. For th~ "owner" or"property c~ner" assessment roll of the Towr this section shall be mail~ five (5) days preceding th~ clerk's office. Proof of sworn statement shall be fJ filing of the petition. Su information: sales, used car lots, gasoline service businesses are to be located within three rch, public school, library, hospital, of Article VII of Chapter 100 of the Code hereby amended by adding a new paragraph ) to read as follows: rpenter shops, electrical shops, plumbing ps and bicycle and motorcycle shops. apter 100 of the ~ode of the Town of by adding a new section thereto, to be follows: r~ng. the Board of Appeals is required to hold on to the notice of such hearing required ntaining the following information shall ioning such Board, or his agent, by either l, to every owner of property immediately vent that any petitioner owns or has any .ediately adjacent to the property which is n, then written notice shall also be property adjacent to such other property p~rpose of this section, the words means the owner as shown on the current of Southold. The notice required by d by the petitioner, or his a~ent, within filing of the petition in the town ailin~ of such notices ~n the form of a led with the town clerk at the time of ch notice shall contain the following (L) A statement that the petitioner proposes to apply to the Board of Appeals of the Town of Southold for a variance, special exception, special permit, or other specified relief~ as the case may be. (2) A descr~iption sufficient to identify the property which is the subject of the petition. 53) The zone district classification of such property. (4) A detailed statement of the relief sought by the petitioner. (5) The provisions of the zoning law applicable to the relief sought by the petitioner. (6) A statement ~hat within five (5) days such petition will ~-~ be filed in the Southold Town Clerk's Office, Main Road, Southold, New York, and may then be examined during regular office hours. (7) A statement that a public hearing with respect to such petition must be held by the Board of Appeals of the Town of Southold before the relief sought can be granted; that the person to whom the notice is addressed, or his representative, has the right to appear and be heard at such hearing; that a notice of such hearing will be published in the official Town newspaper not less than five (5) days prior to such public hearing. B. In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persaaS entitled to receive such notice may be filed with the town clerk at the ti'~e of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action taken by the Board of Appeals. XII. The first sentence of Section 100-141 H. of Article XIV of Chapter 100 of the Code of the Town of Southold is hereby amended to read as follows: H. Every building permit shall expire if the work authorized has not commenced within twelve (12) months after the date of issuance, or has not been completed within eighteen (18) months from such date. XIII. Article XV of Chapter 100 of the Code of the Town of Southold is hereby amended by adding a new section thereto, ~o be Section 100-152, to read as follows: ~100-152 Notice of proposed change of Zone Classification. A. In the case of a petition requesting a chang~n~n zoning district classification, in addition to the notice required by. law, a written notice containing the following information shall be sent by the petitioner, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event that any petitioner ownes or has any interest in any property immediately adjacent to the property proposed to be changed in zoning district classification, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" means the owner as shown on the current Southold Town assessment roll. The notice required by this section shall ~e mailed by the petitioner, or his agent, within five (5) days preceding the filing of the petition in the town clerk's office. Proof of mailing of such notice in the form ~f a sworn statement shall be filed with the town clerk at the time of filing the petition. Such notice shall contain the following information: (1) A statement that the petitioner proposes to file a petition with the ~o~faold Town Clerk requesting a change of zone classificatio~ ~ (2) A description of the property%~ich is the subject of such petit ion. (3) The present zone district classification of the property and the proposed zone district classification. (4) A statement that within five (5) ~ays the petition requesting such change in zone district classification will be filed in the Southold Town Clerk's Office, M&in Road, Southold, New York and may then be examined during regular office hours. (5) A statement that a public hearing with respect to such petition must be held by the Southold Town Board before such change of zone can become effective; that the person to whom the notice is addressed, or his represen%ative, has the right to appear and be heard at such hearing; that a notice of such hearing will be published in the official ~ewRpaDwspaper not less than ten (10) days prior to such public hearing. B. In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the town clerk at the time of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action with respect to such petition. XIV. 'The Bulk and Parking Schedule forming a part of Chapter 100 of the Code of the Town of Southold is hereby amended to change the front yard requirements in the C Light Industrial District from 200 feet to 50 feet. XV. This local law shall take effect immediately. NOW, THEREFORE, BE IT RESOLVED that a public hearing be held by this board with respect to the adoption of the aforesaid local law at the Supervisor's Office, 16 South Street, Greenport, New York at 7:30 o'clock P.M. on the 6th day of May , 1975, and ~t is further RESOLVED that the Town Clerk be and he hereby is authorized and directed to cause public notice of said hearing to be given as provided by law. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter. On motion of Councilman Homan, seconded by Justice Suter, W-~EREAS the Sacred Heart R. C. Church, Cutchogue, New York has ~p~lied to the Town Clerk for a Bingo License, and ~I~EREAS the Town Board has examinedtkhe 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 exedute onbehalf of the Town Board ~he findings and determinations required by law, and it is further RESOLVED that the Town Clerk be and he hereby is directed to issue a Bingo License to the Sacred Heart R. C. Church, Cutchogue, New York. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter. On motion of Justice Suter, seconded by Councilman Homan, ~EREAS George McCarthy applied to the Town Board for a single trailer renewal permit, dated April l, 1975, NOW, THEREFORE, BE IT RESOLVED that the application of George McCarthy to locate a single trailer on his property at the south side Main Road, Laurel, New York, be and hereby is granted for a period of si~ (6) months. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter. On motion of Justice Suter, seconded Councilman Rich, it was RESOLVED that Chief Carl Cataldo be and he hereby £s authorized to purchase 28 police ]ack~ts at $55.00 each. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman~oman, Justice Suter. On motion of Councilman Homan, seconded by Councilman Rich, it was RESOLVED that Agnes Norkelun be and she hereby is appointed part- time clerk in the Supervisor's office, at a s&tary not to exceed $2,500.00 per year. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter. A recess was called at 3:30 P.M. for the purpose of holding a public hearing on Local Law No~~ 1975; minutes taken by Muriel Brush. Meeting reconvened at 3:45 P.M. 8197S 252 On motion of Councilman Rich, seconded by Justice Suter, ~tEREAS William Lieblein of the Port of Egypt, Southold, has volunteered to place navigation stakes in the entrance of Arshamomaque Pond for the year 1975, NOW, THEREFORE, BE IT RESOLVED that William Lieblein be and he hereby is authorized by the Southold Town Board to place markers in the entrance of Arshamomaque Pond at a Cost not to exceed $75.00. Vote of the Town Board: Ayes: Deputy S~Pervisor Demarest, Councilman Rich, Councilman'Homan, Justice Suter. On motion of Justice Suter, seconded by Councilman Homan, it was RESOLVED that the Southold Town Board accepts the $380,000.00 bond submitted by "Pebble Beach Farms" for roads and improvements in that Subdivision. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter. On motion of Justice Suter, seconded by C0uncilma~ Rich, it ~as RESOLVED that the Town Board of the Town of Southold does hereby support the appeal of the Town of Lockport in its appeal to the U. S. Sppreme Court of the U. S. District CoUrt decision which upheld the manner in which the County Charter of Niagra County was approved by the electorate, and that a copy of this resolution be forwarded to the Town Board of the Town of LocRport. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter. On motion of Justice Suter, seconded by Councilman Rich, i~ Wa~s RESOLVED that this Town Board meetfng be recessed from 4:30 P.M. to 5:00 P.M. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Surer. Meeting reconvened at 5~00 P.M. On motion of Justice Suter, seconded by Councilman Homan, it was RESOLVED that Michael J. Cortese be employed as worker and coordinator of the Narc~tid Guidance Council a~ a part-time rate of $4.00-per hour for 10 hours per week, for the period effective April 1, 1975 through June 30, 1975. Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman Rich, Councilman Homan, Justice Suter. On motion of Justice Suter, seconded by Councilman Homart, it was RESOLVED that the Southold Town Clerk's Office, Ma"in Road, 'So~th01d, New York be designated as the Central Registry in the Town of Southold for all corporations having underground facilities within the township~ Vote of the Town Board: Ayes: Deputy Supervisor Demarest, Councilman R~ch, ~ouncilman Homan, Justice Suter. Mrs. Loraine Terry inquired as to how applications to the Department of Environmental Conservation and the Southold Town Trustees cduld be corrected to conform in size of project. Mr. Gleason spoke on behalf of the Senior Citizens asking ~ the Town ~id go to the $6500 income exemption 6n taxes. Mrs. Pospisil read a letter directed to Suffolk County ExecutiV~ ~lein requesting a Teen-Senior ~itizen Center in the Town of Southold which would hold 1000 people. Mrs. Dorothy Sullivan read an article from Newsweek regarding dog bites by unleashed dogs. Meeting adjourned at 5:30 P.M. Albert W. Richmond Town Clerk