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TB-08/31/1959
189 MEETING OF AUGUST 31, 1959. The Southold Town Board met at the office of Supervisor Norman E. Klipp at Greenport, on Monday, August 31, 1959. The meeting was called to order at 7:30 P.M. with the following present: Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill mad Clark; Town Attorney Tasker and Town Clerk Booth. The Pmblic hearing on the petition of JOHN J.-FLEMING for a change of zone from ~'A" Residential and Agriculural District to "B'~ Business District, also a petition of DANTE A. LORTI for a ~change of zone from '~" Residential and Agricultural District to "M" Mult- iple Residence District was opened by the Supervisor at 7~30 P.M. The minutes of this hearing were recorded by George T. Lederle. Mo~ed by Councilman Albertson; seconded by Coucnilman Demarest: WHEREAS, A PETITION WAS HERETOFORE filed with the Town Board of the Town of Southold by JOHN J. FLEMING requesting a change, mod- ification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part ~hereof by changing from "A'~ Residential and Agricultural District to :'B" Business District the property described in said and WHEREAS, said petition was to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, ~nd thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the 31st ~ay of August, 1959, and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED: That the relief demanded in said petition, be, and it hereby is granted. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Just'ice Clark. ox Moved by Councilman Demarest; seconded by Justice Clark: WHEREAS, A petition was heretofore filed with the Town Board of the Town of Southold by DANTE A. LORTI requesting a change, mod- ification and amendment of the Building Zone Ordinance including the Building Zone~Maps made a part thereof by changing from "A" Residential and Agricultural District to "M" Multiple Residence District the property described in said petition, and WHEREAS, said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having ~/ been filed with the Town Board, and thereafter, a public hearing ,~! in relation to said petition having been duly held by the Town Board on the 31st day of August, 1959, and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVEDthat the relief demanded in said petition be, and it hereby is granted. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson' and Dmmarest; Justice Clark. Moved Councilman Alb~rtson; seconde~by ~Demarest: WHEREAS ,the Town Board ~f the Town of ~outhold,~ lkCounty, ~ew York ~y resolution t~ereof adopted ~n 'the l!th ~of Aug- ust, 1959,~pon its own mo~ion, determine~ to hold a u~lic Hear- ing in the ~atter of the e~tension of the~Fire Diet ct~ at Fishers Island, in the Town ~f Southold, ~ , _ ~ Q.. S~ffolk Countyk New York, ]~o~n as the Fishe%s Island Fir% District, b~annexing thereto the territory hereinafter ~describ~ d, a~d_ WH~EAS, A notic~ in due form, ~as duly publis~d and poste~ as required by law, ~ontaini_ng a de~ription of th~territory p~0Posed to he,annexed to t~e said ~ire Diarist and specifying the t'~o~ when a~d the place ~here the said ~oxwn Board woul~meet to con~ider the sai~ matter and ~o hear all persons interested rein, an~ ?HEREAS_,~ursuant_to ~uc~. notice a Pu~icX- Hearing w duly held1~ by said T%wn oard on , )Sth day of A gust, 1959, 1:30 o'clock of day at ,,.hool building the School \ District No.~ 4 at Fisher~\~xIsland' in the ~own of ,d, Suffol~ County, New york, and ~ ~ Moved by Councilman Albertson; seconded by Councilman Demarest: WHEREAS, the Town Board of the Town of Southold, Suffolk County, New Y~k, by resolution thereof adopted on the llth day of August, 1959, upon its own motion, determined to hold a Public' Hearing ~n the matter of the extension of the Fire District at Fishers Island, in the Town of Southo~d, Suffolk County, New York, known as the Fishers Island Fire District, by annexing thereto the t~mritory hereinafter described, and W~EREAS, a notice in due form, was duly published and posted as required by law, cont&ining a description of the territory proposed to be annexed to the said Fire District and specify- ing the time when and the place where the said Town Board would meet to consider the Said matter and to hear all persons interested therein, and WHEREAS, PURSUANT TO SUCH NOTICE A Public Hearing was duly held by said Town Board on the 25th day of August, 1959, at 1:30 P.M. of said day at the school b~ilding of the Union Free School District No.4 at Fishers Island, in the Town of Southold, Suffolk County, New York, and W/42EREAS, all persons interested, who desired to be heard, were duly heard, and due deliberation having been had, NOW, upon ~he evidence given at said Public Hearing, it is RESOLVED AND DETERMINED, pursuant to Article 11 of the Town Law of the State of New York, as follows: (a) That all the property and'property owners within the proposed extension of said district a~e benefited thereby; (b) That all the property and property owners benefited are in- cluded within the limits of the proposed extension of said district; (c) That it is in the public interest to grant in whol~the relief sought, and it is further RESOLVED: That this Board in all respects approves the extension of the Fishers Island Fire District, in the Town of Southold, Suffolk County, New York, to embrace the additional territory described in and containing the following boundaries, to wit~ ALL that certain tract, piece or parcel of land, situate on Fishers Island, in the Town of South old, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at the intersection of the southwesterly line of Beach- Avenue with the southeasterly l~ne of Equestrian Avenue, said point being located 618.25 feet North and 3873.92 feet West of U.S.Coast & Geodetic Triangulation Station "PROS"; from said p~int of beginning running along said line of Beach Avenue, 8 courses, as fgllows: (1) South 470~~ East 514.09 feet; thence (2) South 840 21' 15 "East 345.39 feet; thence (~) South 78° 31' 10" East 281.33 feet; thence (4) South 81° 28' East 447.94 feet; thence (5) South 67° 38' East 342..57 feet; thence (6) North 77° 17' East 202.32 feet; thence (7) North 26° 02' 30" East 13~.81 feet;' thence (8) North 25° 36' 50" West 32.38 feet to land now or formerly of Hay Harbor Realty Corp..; thence along said land of Hay Harbor Realty and across the westerly end of a 50 feot ~ight of way leading to l'and now or formerly of the United States of America, South 39° 45' 10" East 226.28 feet; thence still along said land of Hay Harbor Realty, 3 courses as follows: (1) South 39° 41' 40" East 64.38 feet; thence (2) South 76° 00' West 386 feet; thence (3) South 13° 20' East 107 feet, more or less, to the shore of 19i Block Island Sound; thence in a general westerly direction along the shore of said Block Island Sound and then in a ~eneral norther- ly direction along ~he shore line of Fishers Island Sound, about 12,200 feet to land now or formerly of the Estate of S. A. thence along said land now or formerly of the estate of Sa~A. Salvage, 2 courses, as follows: (1) South 46° 58' East 408 ~eet, more or less; thence (2) South 35° 24' East 424.0 feet to land now or formerly of Wilmerding; thence along said land of Wilmerding, 3 courses, as follows: (1) South 32° 36' West 465.9 feet, thence (2) South 26° 57' East 405 feet, more or less; thence (3) North 62° 26' East 687.22 feet to the westerly line of said Equestrian Avenue; thence along said line of Equestrian Avenue, 9 courses, as follows: (1) South 31° 18' East 188.41 feet; thence (2) North 62° 26' East 1.61 feet; thence (3) South 27° 34' East 25.0 feet; thence (4) South 76° 02minutes 30" East 105.07 feet; thence (5) South 49° 33' 15" East 202.44 feet; thence (6) South 80° 36' 30" East 127.50 feet; thence (7) South 56° 10' 50" East 113.37 feet; thence (8) North 79° 28' 15" East 121.87 feet; ~thence (9) North 41° 46' East 59.7 feet tot~he?p~t©6~be~inning. Ail ~ea~ings refer to the true meridian. Excepting from the above any lands owned by the United States of America. and it is further RESOLVED: That the Town Clerk of the Town of Southold shall ~within ten (10) days after the adoption of this resolution file certified copies thereof in duplicate in the Office of the State Department of Audit and Control at Albany, New York, together with an application by this Board in duplicate 'for permission to extend such District as provided for by Section 173 of the Town Law of the State of New York; and that such application be executed and verified by and on behalf of the Town Board by the Supervisor of the Town of Southold. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justice~ Clark. Absent: Justices Tuthill~_ and Edwards. Moved by Councilman Albertson; seconded by Councilman Demarest: WHEREAS, a petition was received from ~NGELOS and EVELYN KALINTGIS relative to change of zone,NOW, ~HEREFORE BE IT RESOLVED: That the Town Clerk of the Town of Southold be and he hereby is directed to transmit this application to the Planning Board in accordance with Section 901, Subdivision C of Article 1X of the Building Zone Ordinance of the Town of Southold. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices T~thill and Clark. Mmved by JUstice Clark; seconded by Councilman Demarest: WHEREAS, the Southold Town Planning Board has promulgated rules and regulations for the subdivision of land in the Town of Southold, and WHEREAS, said Planning Board held a public hearing on the question of the adoption of said Rules and Regulations on the 26th day of Augusti 1959 after due notice thereof pursuant to law, and WHEREAS, the ss~d Planning Board thereafter adopted said Rules and Regulations subject to the approval of the Town Board of the Town of Southold, and ~ WHEREAS, said Planning Board has submitted s~id Rules and Regu- lations to the said Town Board for its approval, NOW, THEREFORE, BE IT RESOLVED: That the Town Board of the Town of Southold does hereby approve the r~les and regulations as adopted by said Planning Board by-resolution thereof adopted on August 23, 1959. BE IT FURTHER RESOLVED: That the Southold Town Clerk be and he hereby is authorized and directed to transmit a certified copy of the resolution to the Planning Board of the Town of Southold. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Justice Tuthill; seconded by Councilman Demarsst: RESOLVED: That the applicatio~ of CARL DAVIDSON for a permit to locate a single automobile trailer on his property at Mattituck, be and hereby is denied and the- fee of $5.00 which accompanied the application be returned. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and clark. Mo~ed by Councilman Demarest; seconded by Justice Tuthill~ ?~EREAS, Otto L. Anrig, Chief of Police (Constable) of the Southold Town Police has preferred written charges against JAMES FITZPATRICK a patrolman (constable) of the said Southold Town Police for the removal or punishment of the said James Fitzpatrick for misconduct during his tour of duty, which said written charges have been filed with the Town Board. NOW, T~IEREFORE, BE IT RESOLVED: That the Town Board of the Town of Southold hold a hearing on the question of the removal or punishment of the said James Fitzpatrick on the 14th~ day of September. 1959, at 7:30 o'clock P.M. at the Southold Town Supervisor's Office, 16-South Street, Greenport, New York, and BE IT FURTHER RESOLVED, that the Southold Town Supervisor be and he hereby is authorized and directed to cause written notice of ~such hearing together with a c~py of the charges preferred annexed thereto Bo be given to the said James Fitzpatrick; that the said James Fitzpatrick shall be given eight (8) days after the receipt of aaid notice within which to make and file an ~answer in writing to said charges with the Supervisor of the Town of Southold at his office at 16 Bouth Street, Greenport, New York. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen ~lbertson and Demarest; Justices Tuthill and Clark. Moved by Justice Clark; seconded by Councilman Demarest: RESOLVED: That th~s meeting of the Town Board be recesses.at 9:30 P.M. and recomvened at the Town Clerk's Office at Southold, on Sept. 1, 1959, at 7:00 P.M~ Vote of Town Board: Ayes-Supervisor Klipp;~Councilmen Atbertson and Demarest; Justices Tuthill and Clark. The Town Board reconven~d at the Town Clerk's O~fice at 7:00 P.M. Moved by Justice Clark; s~econded by Councilman Demarest: RESOLVED: That the Supervisor inform JONATHON OVERTON that on or before Sept. 15, 1959, Mr. Overton would be required to apply sufficient calcium chloride to the roads to hold down the dust (on the roadso~n his trailer camp site at Southold); to mow all the grass inside the trailer camp fence, and continue to keep it mowed; remove the snow fence on the outside of the trailer camp fence; to mow and keep mowed the grass and weeds outside the fence; an~ to· suggest to Mr. Overton that he trim the hedge on the outside of the fence as nearly even as possible and parallel to the fence ~ne; and to inform ~r. Overton that if the above matters are not accomplished by Sept. 15, 1959 the permit he now holds to operate a trailer camp will be revoked. Vote of Town Board: Ayes-Supervisor Klipp; Councilman .-: - ....... Demarest; Justice Tuthill and Clark. Adjournment at 7:30 P.M. AMENDMENT NO. 29 NOTICE IS HEREBY GIVEN, that. after a public hearing held pursuant to the requirements of law, the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York was duly amended at a regular meeting of the Southold Town Board held on July 7, 1959 as follows: By changing from "A" Residential and Agricultural District to "B" Business District the following described property: ALL that certain tract or parcel of land situated near Greenport, in the Town of Southold, Suffolk County, New York, and more particularly boun([ed ~nd described as follows: Beginning at a point on the westerly line of Manhanset Avenue, 585.06 feet Southerly along said line from Champlin Place; and running South 21 degrees 18 minutes 10 seconds West 526.0 feet; thence South 33 degrees 04 minutes 10 seconds East 153.78 feet; thence South 40 degrees 18 minutes West 75.9 feet; to the boundary line of the Incorporated V~llage of Greenport; thence along said boundary line, north 54 degrees 33 minutes 50 seconds West 230 feet, more or less, to ordinary northeasterly along said high water mark, about850 feet, more or less, to the westerly line of Manh~nset Avenue; thence southerly along said westerly line of Manhanset Avenue, 300 feet, more or less, to point or place of beginning. Dated: July 8, 1959 By Order of the Southold Town Board. Ralph P. Booth, Town Clerk AMENDMENT NO.30 NOTICE IS HEREBY ~IVEN, that after a public hearing held pursuant to the requirements of law, the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, was duly amended at a regular meeting of the Southold Town Board held on August 31, 1959, as follows: 1. By changing from "A" Residential and Agricultural District to "B" Business District the following described property: ALL that certain tract or parcel of land situated at Mattituck, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: Beginning at a point on the Westerly line of Pacific Street 148.89 feet Southerly along line from Sound Avenue; and running South 83 degrees 52 minutes West 178.82 feet; thence South 5 degrees 05 minutes East 83.00 feet; thence South 83 degrees 52 minutes West 185.14 feet; thence North 17 degrees 58 minutes West 53.92 feet to land of Long Island Railroad; thence along said land of Lang Island Railroad North 46 degrees 43 minutes 50 seconds East 267.09- feet to the Southerly side of SoUnd Avenue; thence along Southerly side of Sound Avenue North 77 degrees 31 minutes East 162.03 feet to the Westerly side of Pacific Street; thence along the westerly side of Pacific Street South 7 degrees 11 minutes East 148.89 feet to the point or place of beginning. Containing 1.137 acres, more or less. (continued on following page) 2. By changing from "A" Residential and Agricuttur&~ District to "M" Multiple Residence DiStrict the following property: ALL that certain tract piec or parcel of land situate, lying and being at New Suffolk, in the Town of Southold, Suffolk County, New York, more particularly.bounded and described as follows: Beginning at the intersection of the Northerly line of Main Street with the Easterly line of ~ird Street; and running Northerly along said Easterly line of Third Street, 200 feet, more or less, to land now or formerly of Malinowski; thence, Easterly along said land now or formerly of Ma~inowski,200 feet, more or less, to the westerly line of Second Street; thence Southerly along said Westerly line of Second Street; 200 feet, more or less, to said Northerly line of Main Street; Thence Westerly along said Northerly line of Main Street, 200 feet, more or less, to the point or place of beginning. Dated: September 1, 1959. By Order of the Southold Town Board. Ralph P. Booth, Town Clerk.