HomeMy WebLinkAboutTB-12/23/1975SOUTHOLD~ TOWN .BOARD MINUTES
Meeting of December 23, 1975
A regular meeting of the Southold Town Board was held on Tuesday,
December 23, 1975 at the Town Board meeting room, 16 South Street,
Greenport, New York. Supervisor Martocchia opened the meeting at
3:00 p.m. with the following present:
Supervisor Albert M. Martocchia
Councilman James H. Rich, Jr.
Councilman James Homan
Justice Martin Surer
Justice Louis M. Demarest
Town Attorney Robert W. Tasker
Town Clerk Judith T. Boken
Absent: Justice Francis T. Doyen
On motion of Councilman Homan, seconded by Justice Surer, it was
RESOLVED that the Southold Town Board minutes of the December 9,
1975 meeting be and hereby are approved as submitted.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion made by Justice Surer, seconded by Justice Demarest, it was
RESOLVED that the organizational meeting of the Southold Town Board
will be held at 3:00 p.m., Friday, January 2, 1975 at the town bOard
meeting room, 16 South Street, Greenport, New York.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Justice Surer, it was
RESOLVED that the Southold Town Board approves the action of the
Fishers Island Ferry District in seeking bids for the removal Of
Building #27 which has deteriorated to ~the extent that it is impracti-
cal to repair and the condition is dangerous to the general public.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
Supervisor Martocchia reported:
1. Application of Richmond S. Corwin, Jr. to the DEC for
permission to reconstruct 70 linear feet of an existing failing
groin and replace four piles on an adjacent dock at his property on
Peconic Bay, 1000 feet east of the mouth of James Creek at Camp
Mineola Road, Mattituck, N. Y. Objections by January 15, 1976.
2. Application of Cross Sound Ferry Servi-de, Inc. to the
DEC for permission to rebuild and expand their ferry slip at
Orient Point. Objections by December 31, 1975.
3. Application of Mary L. Mulvaney to DEC for permission to
build on her property at North Road, Southold. Objections by
January 16, 1976.
On' motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that Southold Town participate in the New York State
Department of Environmental Conservation's clam transplant program
and attempt to attend their meeting to be held Thursday, January
29, 1976 at lO:O0 a.m. in their Stony Brook office.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Rich, seconded by Councilman Homan, it was
RESOLVED that Bond No. 73 S-8172 BCA issued by The Aetna Casualty
and Surety Company in the name of Albert M. Martocchia, Supervisor,
Town of Southold, in the amount of $200,000.00 be and the same is
hereby approved as to its form, manner of execution, and sufficiency
of sureties therein.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
OF O
On motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that Bond No. 73 S-8173 BCA issued by The Aetna Casualty
and Surety Company in the name of Albert M. Martocchia, Custodian
of the Fishers Island Ferry District Funds, in the amount of $15,000.00
be and the same is hereby approved as to its form, manner of execution,
and sufficiency of sureties therein.
Voteof the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Rich, seconded by Councilman Homart, it was
RESOL~VEDthat Bond No. 73 S-5527 BCA issued by The Aetna Casualty
and Surety Company in the name of Raymond C. Dean, Superintendent of
Highways of the Town of Southold, in the amount of $2,000.00 be and
the same is hereby approved as to its form, manner of execution,
and sufficiency of sureties therein.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homart, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that Bond No. 73 S-8818 BCA issued by The Aetna Casualty
and Surety Company in the name of William Januick, Town Constable,
in the amount of $4,000.00 be and the same is hereby approved as to
its form, manner of execution, and sufficiency of sureties therein.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homart, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Rich, seconded by Councilman Homan, it was
RESOLVED ~hat Bond No. 73 S-12139 BCA issued by The Aetna Casualty
and Surety Company in the name of Otis Horn, Town Constable,
in the amount of $4,000~00 be and the same is hereby approved as to
its form, manner of execution, and sufficiency of sureties therein.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that Bond No. 73 S-12374 BCA issued by The Aetna Casualty
and Surety Company in the name of Alfred R. Grebe, Jr., Town
Constable, in the amouut of $4,000.00 be and the same is hereby approved
as to its form, manner of execution, and sufficiency of sureties therein.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Rich, seconded by Councilman Homan, it was
RESOLVED that Bond issued by The Aetna Casualty and Surety Company
in the name Of Martin Surer, Town Justice, in the amount of $4,000.00
be and the same is hereby approved as to its form, manner of execution,
cud sufficiency of sureties therein.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman H~oman, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that Bond issued by The Aetna Casualty and Surety Company
in the name of Judith T. Boken, Town Clerk, in the ~mount of $4,000.00
be and the same is hereby approved as to its form, manner of execution,
and sufficiency o£ sureties therein.
Vote of time Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilmau Rich, seconded by Councilman Homan, it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized to enter into a contract on behalf~of the Town of Southold
with the Village of Greenport for the use of 141 East-West Green~ort
Fire District fire hydrants for a five year period beginning January l,
1976 through December 31, 1980, at $65.00 per hydrant.
Vote of the TownBoard: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman. Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
Moved by Councilman Homart, seconded by Councilman Rich,
WHEREAS Leander Glover, Jr., has by written application applied
to this Board for a permit to excavate sand, gravel, stone or
other materials from premises located north of Middle Road
(Route 27), Cutchogue, New York, bounded generally northerly by
lands of L. Glover; easterly by lands of J. Pratt and F. McBride;
southerly~by land of Pie~rewicz; and westerly by Town of Southotd,
and
WHEREAS a public hearing was held on said application on December
9, 1975, at which all interested persons were given an opportunity
to be heard,
NOW, THEREFORE, BE IT RESOLVED that this Board does, in accordance
with Section 81-5 of the Southold Town Code, find that
(a) The proposed operations will not interfere with the
surface water drainage plan of the area nor endanger any street,
road or highway.
(b) The circumstances of the location and terrain are
reasonably adapted to rehabilitation to the end that the premises
will not become desert or wasteland following completion of
operations.
(c) The circumstances of the location and the terrain are
such that conditions and safeguards may £easibly be imposed t~
assure that the premises will not constitute an attractive
nuisance or endanger the safety of children.
(d) The use will not cause undue traffic hazards.
(e) The use will not cause undue noise or wind-blown dust
or sand.
(f) The use will not change the established character of
the neighborhood or depress the value of other lands in such
neighborhood.
(g) The proposed operations are set back at least 300 feet
from any road, street, avenue or highway and that the excavation
operations were in existence at the effective date of the afore-
said soil removal ordinance and that such proposed operations
will not be extended beyond the present front, side or rear
setback lines, and it is further
EESOLVED that the Town Clerk be and she hereby is authorized and
directed to issue a permit to said Leander Glover, Jr. for the
excavation of sand, gravel, stone, or other materials from the
above described premises for a term~of one year, subject, however,
to the following terms and conditions:
1. The removal of materials shall be confined to the area
shown on the map accompanying said application, a ~opy of which
is to be signedby the Supervisor and the applicant and filed
with the Town Clerk.
2. The removal of materials from said area shall nov extend
below twenty-five (25) feet above sea level.
3. Ail removal operations shall be set back at least 25
feet from all property lines.
4. All slopes shall be maintained during the after opera~
tions at one foot vertical on one foot horizontal.
5. After operations have been completed, the excavated area,
as well as all other areas where prior excavation operations
have been conducted on the premises, shall be leveled, top soil
to a depth of three inches shall be deposited thereon and said
area shall be seeded with grass.
6. That all areas where excavation operations have been
conducted in the past and all areas where actual excavation opera-
tions are to be conducted in the future shall be enclosed with
wire fencing of the type known as chain link or cyclone fence
or its equivalent to a height of 6 feet with four strands of
barbed wire at the top thereo£ which fencing shall contain no
openings except necessary gates for ingress and egress which
gates shall be closed and locked at all hours that operations
are not being conducted on the premises. That the permit author-
ized to be issued by this resolution shall not be issued by 'the
Town Clerk until such fencing has been erected.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This ~resolution was declared duly adopted.
On motion of Justice Demarest, seconded by Councilman Rich, it was
RESOLVED that Frederick E. Gordon, Greenport, New York, be and .he
hereby is appointed to the Southold Town Planning Board effective
January 1, 1976 to complete the unexpired tarm of Henry Moisa
which runs to April 30, 1980.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter,~ Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Rich, seconded by Councilman Homart, it was
RESOLVED that the sum of $500.00 be paid to the Custer Institute,
Southold, New York.
Vote~of~the TownBoard: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surety, Justice Demarest.
This resolution was declared duly adopted.
On~mobion~of Councilman Rich, seconded by Councilman Homan, it~was
RESOLVED that~the sum o£ $500~00 be paid to the, New York State
ArchaeoLogical Society, Long Island Chapter, Southold, New York.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homart, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Moved by'Justice Demarest, seconded by Justice Surer,
WHEREAS; Pebble Beach Realty, Inc. is the owner Of certain real property
situate:On the north side of Route 25 at East Marion in the Town of
Southold being more fully described in a certain deed dated October 31,
1972 and recorded in the Suffolk County Clerk's Office on November 10,
1972 in Liber 7279 of deeds at page ~89, and
WHEREAS, Pebble Beach Realty, Inc. has heretofore filed a subdivision
map with respect to-said real property in Suffolk County Clerk's
Office on September ll, 19Y5, being Map No. 6266, and
WHEREAS, the Southold Town Planning Board heretofore approved the
development of said real property as a cluster development pursuant
to the provisions of Chapter 100, Article XIII, Section 100-136 of
The Southold Town Code, and
WHEREAS, said provisions of the Southold Town Code require that a
cluster development be organized as a homes association or any other
arrangements approved by the Town Attorney and the Town Board, and
WHEREAS, Pebble Beach Realty, Inc. has submitted to the Town Attorney
a copy of'a Certificate of Incorporation of Pebble Beach Farms Lot Owners
Association, Inc., a not for profit corporation, which said certificate
was filed in the Office of the Secretary of State on November 25,'1975
and also submitted to the Tow~ Attorney a copy of the proposed By-Laws
of said not for profit corporation, and
WHEREAS, ~the ~Town Attorney has reviewed said Certificate of
Incorporation and By-Laws with this Board,
NOW, THEREFORE, BE IT RESOLVED that this Board does hereby approve
the aforesaid Certificate of Incorporation of Pebble Beach Farms Lot
Owners Association, Inc. and the By-Laws of said corporation and
directs that the same be filed with the~Town Clerk.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, CounailmanHoman, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.~
On motion of Councilman Homan, seconded by Justice Surer,
WHEREAS the Sacred Heart R. C. Church, Cutchogue, New York, has
applied to the Town Clerk for a Bingo License, and
WHEREAS the Town Board has examined the application and after
investigation, duly made findings and determinations as required
by law,
NOW, THEREFORE, BE ZT RESOLVED that the Supervisor be and he hereby
is authorized and directed to execute on behalf of the Town Board the
findings and determinations 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 Sacred Heart R. C. Church, Cutchogue, New York.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
Mrs. Shertey Katz questioned the Board about an article she read
in a local newspaper stating Justice Demarest and Justice Surer
will be off of the police committee. Supervisor Martocchia stated
he is making up his committees and after evaluation, and since they
have been on the committee for a number of years, he feels he should
change the committees.
Mr. William Pell asked if there would be yearly reports at the
January 2nd meeting. Supervisor Martocchia stated the yearly reports
will be available on January ~th.
Mr. Pell also asked when the break-do~n of the legal expenses on
the Norris matter will be available. Supervisor Ma~toochia stated
that upon request from the attorney he received all of the informa-
tion, but since She.~judge h~s not signed, the order the information
cannot be mad~~ a~ai!abl~ to the-public.
On motion of Councilman Rich, seconded by Councilman Homart, it'was
RESOLVED that a r~c~Ss ~w~E~be called at 3:30 p.m. for the
purpose of holding a public hearing on the agre~ment~for fire
protection - East-West Greenport Fire Protection District.
Vote of the~ Town Board: Ayes:Sup. ervisor Martocchia,sgOUncilman
Rich, Coun$ilman'H~man',~Justice Suter, Justice Demare
This resolution was declared duly adopted.
Meeting reoonvened at 3:45 p.m.
Mrs. Gladys Csajko asked if the cages for the dog pound have
arrived. Supervisor Martocchia stated he has been advised they~
will-arrivel~oday. They were.in Bay Shore on Friday amd should
be in Peconic nQW. Considerable discussion was held relativeto
the dog.pound;- and the proposed leash law.
Supervisor Martocchia thanked all departments in Southold Town
for their cooperation with him upon his request to hold within
their budget lines. Ail of the officials responded very well.
He also thanked those in the audience for attending the meetings
throughoutthe year. ~-~ished~all holiday cheer and best of the
new year to all.
Mr. William Pe!l asked what 'the surplus funds will be for the end
of the year. ~ Supervisor~Martocchia stated those~.figures are being
worked-on and he should have an answer by ~the first af the year.
0nmotion of Justice-Demarest, seconded by Councilman Rich, it ~as
RESOLVED that the' Town of.Southold enter into anagreement with
the Vittage..of. Greenp~ortwhereby the Town does engage the Village
to. furnish fire protection to-the East-West Greenport Fire Pro-
tection District, ~Town of Southold, N. Y. for the following sums
for the years indicated: 1976-$18,000.00, 1977-$21,000.~00,
1978-$24,000.00, 1979-$27,000.00, 1980-$30,000.00, such sums to
be payable by the town each year during the term of this contract
on or befQre the 1st day of February of each year.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly~adopted.
On motion of Councilman Rich, s~conded by Councilman Homart, it was
RESOLVED that there being no further business to come before this
town board meeting, adjournment be called at 4:05 p.m.
Vote of the. Town Board: Ayes:-Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Surer, Justice Demarest.
This resolution was declared duly adopted.
Boken
Town Clerk