HomeMy WebLinkAboutTB-09/29/1959197
MEETING OF SEPTEMBER 29, 1959
The Southold Town Board met at the office of Supervisor Norman
E. Klipp at Greenport, on Tuesday, September 29, 1959. The meet-
ing was called to order at 1:30 P.M. with the follow~ present:
Supervisor Klipp; Councilmen Albertsonand Demarest; Justices
Tuthill and Clark; Supt. of Highways Price; Town Attorney and
Town Clerk Booth.
Moved by Justice Clark; seconded ~y Justice Tuthill:
RESOLVED: That the reading of the minutes of the meeting of
September 8th be and hereby are duly approved as read.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthill and Clark.
The Town Clerk presented to the Town Board, pursuant to Section
111 of the Town Law, detailed estimetes of revenue and expenditures
from the various Town Officers, departments and districts for
the fiscal year beginning January 1, 1960.
Moved by Councilman Alber~son; seconded by Justice Tuthill:
RESOLVED: That this Town Board meeting be and hereby recessed
at 2:30 P.M. and will reconvene at the Supervisor's Office on
Friday, October 2, 1959, at 1:30 P.M.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthill and Clark.
The Town Board reconvened at the Supervisor's Office on Friday,
October 2, 1959~at 1:30 p.m.
Moved by JuStice Clark; seconded by Justice Tuthilt:
RESOLVED: That the regular menthly audit meeting of the Town
Board will be held at the office of Supervisor Norman E. Ktipp
at Greenport, on Tuesday, October 6, 1959, at 1:30 P.M.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthill and Clark.
Moved by Councilman Demarest; seconded by Justice Tuthill:
RESOLVED: That Bond No. SM178199-4, issudd by the American
Motorists Insurance Company on behalf of EDWARD S. BRUSH in
the sum of Five Hundred Dollars ($500.00) be and the same is
hereby approved as to its form, manner of execution and suff-
iciency of sureties therein.
Vote of Town Board: Ayes-Slrpervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthil! and Clark.
A communication was received from the Rabbit Lane Association
East Marion, requesting a street light to be installed on pole
No. 20 in the East Marion Lighting District.
Moved by Councilman Albertson; seconded by Justice Clark:
RESOLVED: That the Town Clerkkbe and he hereby is directed to
request the Long Island Lighting Company to install one (1)
100 CP aerial street light in the East Marion Lighting District
said light ~g be placed on pole No. 20 at the intersection of
Bay Avenue and Ra~oit Lane, EastMarion, New York.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthitl and Clark.
Moved. by Councilman Albertson; seconded by Justice Clark:
WHEREAS, an application was received from BRO~%;'S HILLS ESTATES
INC. for an Open Development Area under the provisions of Section
280A of the Town Law,
NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk of the Town
of Southold be and he hereby is directed to transmit this applic-
ation to the Planning Board in accordance with S ction 901, Sub.
C of ~ticle 1X of the Building Zone Ordinance O~ the Town of Southold.
Vote of Town Board:-Ayes-Sup.ervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthill and Clark.
Moved by Councilman Albertson; seconded by Justice Clark:
WHEREAS, an application was received from ARLIN DE GUIMARAES, relative
to change of zone,
NOW, THEREFORE~ BE IT RESOLVED: That the Town Clerk of the To~n 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 tX of the Building Zone Ordinance of the Town of Southold.
Vote of Town Board: Ayes-Supervisor K~ipp; Councilmen Albertson
and Demarest; Justices Tuthill ~d Clark.
Moved by Justice Tuthill~ seconded by' Councilman Demarest:
WHEREAS, ROBERT and CAROL3~, NARDO have applied to the Town Board for
a single automobile trailer permit,
NOW, THEREFORE, BE IT RESOLVED: That the application of Robert and
Carol Nardo to locate a single automobile trailer on their property
on Naugles Drive, N.Y. be and hereby is granted.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and
Demarest; Justices Tuthill and Clark.
Moved by Justice Clark; seconded By Justice Tuthill:
RESOLVED: That the report of Howard M. Terry, Building Inspector,
for the month of September, be and is accepted by the Town Board
and placed on file.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and
Demarest; Justices Tuthilt and Clark.
Moved. by Councilman Albertson; seconded by Justice Clark:
WHEREAS, the application of HULMET HAES for a bu~tding permit was
denied by the Board of Appeals on September 17, 1959,
NOW, THEREFORE, BE IT RESOLVED: That on the request of the Board
of Appeals, Supervisor Norman E. Klipp is authorized'and directed
to return to Mr. Haas the $5.00 fee which accompanied the application.
Vote of Town Board: Ayes-Supervisor~ Klipp; Councilmen Albertson and
Demarest; Justices T~thill and Clark.
Moved by Councilman Demarest; seconded by Justice Tuthill~
WHEREAS, STE~NSON BEACH INC. has filed an application and Rel~a-se
dated and acknowledged the 28th day of September, 1959, for the
discontinuance of a pDrtion of the Town Highway at Orient and
East Marion in the Town of Southold, Suffolk County, New York,
known as 01d Main Road, said Highway to be discontinued being more
particularly described on said application,
NOW, THEREFORE,BE IT RESOLVED: That consent be and the same hereby
is given that ~he Town S~perintendent of Highways of the Town ~of
Southold make an order discontinuing as a Town Highway that portion
of the Town Highway known as the Old Main Road described in said
application.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthilt and Clark.
Moved by Councilman Demarest; seconded by Councilman Albertson:
EHEREAS, S~.e~e~~. is the owner of land at East Marion
containing a bathing beach on Long Island Sound, and
~HEREAS, said Stephenson Beach, Inc. has offered to lease to' the
Town of Southold a portion of said beach consisting of approximately
2.77 acres with a frontage of 500 feet-on Long Island Sound for a
term of 10 years with an option to renew for an additional term
of 10 years, at an ann~al rental of one ($L00) Dollar plus the amount
of real property taxes assessed and levied against all of the real
property'owned by said Corporation, said leased premises to be used
by the Town o f Southold for public bathing beach ~rpose~s for
residents.of the TOWn of Southold and their guests, and subject
to ~the terms and conditions contained in a letter to the Town of
Southold from said Corporation, dated August 8, 1959.
199
NOW, THEREFORE, BE IT RESOLVED: That the Town of Southold here-
by agrees to lease from Stephenson Beach, Inc. the following
described real property, to wit:
ALL that certai~ tract, piece or parcel of land situate, lying
and being at East Marion, in the Town of Southold, County of
Suffolk and State of New York, bounded and described as ~o~lows:
BEGINNING at a point on the northwesterly line of Main Road or
State Highway (Route 25) at the southeasterly corner of land now
or formerly of Rutledge M. Howard, and being the southwesterly
corner of the premises herein described; running thence along
said land of Rutledge M. Howard north 38 degrees 10 minutes 40
seconds West 382 feet, more or less, to ordinary high water
mark of Long Island~Sound; thence northeasterly along said high
water mark of Long Island Sound, 500 feet; thence along other
land of the Town of Southold on a line parallel to the northeast-
erly line of said land of Rutledge M. Howard, south 38 degrees,
10 minutes 40 seconds east 145 feet, more or less, to the nort~
westerly line of said Main Road; thence along said northwesterly
line of Main R~d, southwesterly on a curve to the left having
a radius of 1381.45 feet, a distance along said curve of 464.97
feet; thence continuing along said line of Main Road, south
24 degrees 35 minutes 10 seconds west 61.37 feet to the point
or place of beginning.
Containing 2.77 acres, more or less.
For a term of 10 years from September 15, 1959 at an annual rent
of one ($1.00) dollar plus th~ amount of real property taxes
assessed and levied against the real prop~ty owned by said
Corporation consisting of approximately 46.59 acres of beach
and meadow land upon the following terms and conditions:
1. That the leased premises be used and occupied by the~Town
of Southold for public bathing beach purposes for the residents
of the Town of Southold and their guests.
2. That the Town of Southold erect and maintain suitable fences
along the easterly ;and westerly boundaries of said leased
premises during the term of said lease.
3. That the Town ~f Southold be given the option to renew s~d
lease for an additional term of ten (10) years.
4. That the Town of Southold be given an option to purchase
said leased premises at the same price and under the same terms
and donditions as offered by any Bona ~ide purchaser during the
term of said lease.
5.'That the Town of Southold shall, during the term of said lease,
maintain public liability policies of insurance on said premises
for the benefit of Steph~nson Beach, Inc. with limits of $100,000-
$300,000 bodily injury and $10,000 property damage.
6. That no building, structures or alterations shall be erected
and made upon said premises except a suitable automobile park-
ing area~
~E IT FURTHER RESOLVED: That the Supervisor of the Town of
Southold be and he hereby is authorized and directed to execute
on behalf,of the Town of Southold a suitable lease in standard
form containing all of the foregoing terms and conditions.
Vote of Town Board: Ayes-Supervisor Klipp; CounCilmen Albertson
and Demarest; Justices Tuthill and Clark.
Moved by Justice Clark; seconded by Justice Tuthill:
WHEREAS, the minutes of the Town Board meeting h&~d on August 11,
1959 as set forth at page 185 of book Liber R of the minutes of
the Southold Town Board erroneously states that the Southold
Town Planning Board has prepared an official report and recommen-
dation upon the petition of DANTE A. LORTI for a change of zone
from "A" Residential and agricultural District to ?M" Multiple
Residence District, and
WHEREAS, in fact said action of the Plan~ing Board was taken upon
a motion of the Town Board for such change of-zone and not upon
the petition of said Dante A. LOrti
NOW, THEREFORE, BE IT RESOLVED: That the ~inutes of the Town Board
meeting held on August 11, 1959 as set forth at page 185 OflBook
Liber R of the minutes of the ~outhold Town Board be corracted to
read as follows:
Moved by Councilman Albertspn; seconded by Councilman Demarest:
"WHEREAS, the Southold Town Planning Board has prepared an official
report and recommendation U_Don the proposal of the Southold Town
Board upon its own motion for a change of zone from "A" Resident-
ial and Agricultural District to "M" Multiple Residence District
on c~rtain real property situate at New Suf'folk and a petition
of John J. Fleming for a change of zone from "A" Residential and
Agricultural District to "B" Business District on certain real
property situate at Mattituck,
NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held by
the Southold Town Board at the~ Supervisor's Office in Greenport
on Monday, August 31, 1959, at 7:30 o'clock P.M. on the above
mentioned proposals for changes of zone."
~KqEREAS~ the minutes of the Town Board meeting held on August 31,
1959, as set forth at page 189 of Book Liber R of the minutes of
the Southold Town Board erroneously stated that the public hearing
was held on the petition of John J. Fleming for a change of zone
from "A" Residential and AgriCultural DiStrict to "B"~ Business
District and al~o a petition of Dante A. Lorti for a change of
zone f~m "A" R sidential and Agricultural District ~ "M"
Multiple residence District was opened by tie Supervisor at 7:30
P.M. and
WHEREAS, the minutes of said meeting held on August 31, 1959, state
that the Town Board changed the zone of property described in a
petition of Dante A. Lorti when in fact said change of zone was
made by the Town Board on its own motion,
NOWay? THEREFORE, BE IT RESOLVED: That the minutes of the Town
Board meeting held on August 31, 1959, as set forth at page 189
of boo~ Liber R of the minutes of the Southold Town Board be
corrected to read as follows:
The ~ubl~ih~aring on the petition of John J. Fleming for a change
of zone from "A" Residential and Agricultural Dist~ct to "B"~ Business
District and the propOsal of the Southold Town Bcard on its own
motion for a change of zone f~m "A" Residential and Agricultural
District to "M" Multiple Residence District was opened by the
Supervisor at 7:30 P.M. The minutes of this hearing were recorded
by George T. Lederle.
Moved by Councilman Albertson; seconded by Councilman Demarest;
WHEREAS, a petition was heretofore filed with the Town Board of
the Town of S~uthold by John J. Fleming requesting a change, modif-
ication and amendment of the Building Zone Ordinance including t~e
building zone maps made a part thereof by changing from "A" Resi~ent-
ial and Agricultural Distr~ct to "B" Business District the property
described in said petition, and
WHEREAS, said petition was duly referred to the Planning Boardlfor
its investigation, recommendation and report, and its report hav-
ing been filed with the Town Board, and thereafter, a public hear-
ing in relation to said petition having been duly held by the Town
Board on the 31st day of August, 19~9, and due deliberation having
been had thereon,
NOW, THEREFORE, BE IT RESOLVED: That the relief demanded in said
petition of John J. Fleming be, and it is hereby granted.
Moved by Councilman Demarest; seconded by Justice Clark:
WHEREAS, the Town Board of the Town of Southold on its own motion
proposed a change, modification and amendment of the Building
Zone Ordinance including the building zone maps made a part ~
thereof by changing from "A" Residential and Agricultural Dis-
trict to "M" Multiple Residence District the following described
Property: North-John Malinowski
East-Second Street
South-Main Street
West-Third Street
WHEREAS, SAID PROPOSALWAS duly referred to the Planning Board
fpr its investigation, recommendation and report, and its report
having been filed with the Town Board, and thereafter a public
hearing in relation to said proposal 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 RESOLVED, that the Building Zone Ordinance
including the building zone maps made a part thereof be amend-
ed by changing ~rom "A" Residential and agricultural District
to "M" Multiple Residence District the property hereinbefore
described.
vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthilt and Clark.
Adjournment was at 5 P.M.
Ralph P. Booth
Town Clerk