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TB-08/06/1963
~he Southold Town Board met at the office of Supervisor Lester M., Albertson, 16 South Street, Greenport, N.Y, on August 6, 1963. 'The meeting was called to order at 3:00 P.M. with the following. Present: Supervisor Alber, tson; Councilmen Demarest and Grathwohl; Justices Tuthill and Clark; Town Attorney Tasker; Supt. of Highways Price and Town Clerk Richmond. Moved by Justice Clark; seconded by Councilman Grathwohl; RESOLVED: That the minutes of JulY 23, 1'963 be and theF are hereby, duly~ appr o~ed. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen.Dema Grathwohl; Justices Tuthii1 and Clark~ Moved by Justice Clark; seconded by Justice Tuthill: RESOLVR~: That the Town Board make its official visit to Fisher~~ ISland on Tuesday, August 20, 1963. The meeting will be called to'order at 1:30 P.M. The Supervisor is hereby authorized to provide transportation. The boat will leave Sterling Harbor in Greenport, N.Y. at 9:00 A.M~ Vote of Town Board: Ayes-SUPervisor Albertson; Councilmen Demarest and Grathwohl; Justices Tuthill and Clark. Moved by Councilman Demarest; seconded by Justice Tuthill:' WHEREAS, County of Suffolk has requested the Supt. of Public ~orks of the State of New York to survey and prepare plans and e'stimates 6f cost of erosion control at Goldsmith ~Inlet in accordance with Chapter'535, Laws of 1945 as amended, and WHEREAS, ~ ~upt. of Public Works, State of New York, plans and estimates of cost for such work, and WHEREAS, the Board of sUPervisors, County of' Suffolk, ~oluti6n, approved said plans and estimate of cost and agreed to in fifty per cent of the cost of such construction work, NOW, THEREFORE, Be it resolved that the Town Board, Town of Southo~,d, does hereby petition the Office of General Services, State of to grant unto the Town of Southold such lands that lie beneath the pro- posed structure in the waters of the Long Island Sound, the bounds and acreage of which are shown on the attached'maps; request is made so that the re~uirements of Chapter 535, Laws of 1945, concern- ing maintenance responsibility may be complied with. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demar~st+and. Grathwohl; Justices Tuthill and Clark. Moved by Justice Tuthill; seconded by councilman Grathwohl; RESOLVED: That,the report of Supervisor Lester M- Albertson for the mo~th of July be accepted by the Town Board and placed on file. Vote of Town Board: Ayes-Councilmen Demarest and Grathwohl; 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 July be accepted by the TOwn Board and placed on file. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Grathwohl; Ju~zices Tuthill and Clark. Moved by Justice Clark; seconded by Councilman Demarest; RESOLVRD: That the report of Ralph P. Cox, Dog Warden, for the month of July be accepted by the Town Board and placed on file. Vote of Town Board: Ayes-Supervisor Albertson~ councilmen Demarest and Grathwohl; Justices Tuthill and Clark. Moved by Councilman Grathwohl; seconded by Justices Tuthill: RESOLVED: That the report of Albert W. Richmond, Town Clerk, for the mont~h of July~be acc~epted by the Town Board an~ placed on file. Vote of Town oard= yes-Supervisor Albertson; Councilmen Demarest and Grathwohl; J~tices ~uthill and Clark. . . 225 Moved by Councilman Demarest; seconded by Justice Tuthill: RESOLVED: That the report of the Southotd Town Police and Bay Constables for the month of July be accepted by. the' Town Board and placed on.file. Vote Of ToWn Board: Ayes-Supervisor Albertson;-Councilmen Demarest and Grathwohl; Justices Tuthill and. Clark. Moved by Justice Tuthill; seconded by Councilman Grathwohl; RESOLVED: That the Superintendent of Highways of the Town of Southold be authorized to advertise for bids and to pmrchase from the lowest responsiblebidder the following: One (1).Dual ~Purpose BOX type mountable Sand Spreader, 12 ft. box length 80 in. box width , not less than 8 cu. yds Cap. Air cooled . Wisconsin engine OR EQUAL, with not less than-18 PIP, with starter, Generator& enclosed Drive reduction, Body shall not be less than 10 gauge prime steel, all weldedconstruction with reinforcing ribs. Elec- tric remote control ~anel truck dash. Spinner to be not less khan 12 in. Spreader to be mounte~Ion body of Mack tandem dump body. Vote'-Of Town Board:Ayes-Supervisor Albertson; Councilmen Demarest and Grathwohl;Justices Tuthill and Clark. Moved by C0uncilman'~Demarest; seconded by Justice Tuthill: WHEREAS, Police Chief (Constable) Theodore~Howard re~u. ests this Board to grant a one day leave of,absence with pay to Patrolman Henry S~nt- acroce for his fine work in pre~enting a possible crime by capturing men with loaded guns and ammunition.in their possession illegally, NOW, THEREFORE, BE iT RESOLVED: That this request be granted. Vote of Town B~ard: Ayes-S~pervisor Albertson; COuncilmen Demarest and Grathwohl; Justices Tuthill and Clark. Moved by. Councilman Grathwohl; seconded by Justice Tuthill: WHEREAS, P~lice Chief (Constable) Theodore Howard re~ests this Board to grant' a one day leave~ of absence with pay to Sargeant Sawicki and Patrolman Beebe for their fine work of capturing two young men carrying a i~ome made'bomb in the. trunk of their car, NOW, THEREFORE, BE IT RESOLVED: That.. this request be granted. Vote of.~ Town Board: Ayes~supervisor Albertson; Councilmen Demarest and Grathwohl; Justices~ Tuthill and Clark. Moved by Councilm~n Grathwohl; seconded by Councilman ~emares~; WHEREAS, a~petition was received from WilliamJ. Baxter, Jr. requesting a change of zone of certain property in Cutchogue, N.Y. described in said petition from "A" Residential and Agricultural District to "B" Business District, NOW, TMRREFORE, BE IT RESOLVED: That the~ Town cler.k of the TOWn of Southold beand'he hereby is directed to transmit this application to the Planning Board in accordance with Section 901, Subdivision C of Article IX of the Building Zone Ordinance of the TOWn of Southold. Vote of Town Board: Ayes-SupervisorAtbertson; Councilmen Demarest and Grathwohl; Justices Tuthiltand Clark. Moved 1by:Councilman Demarest; secD~ed.by Justice Tuthill: RESOLVED: That HOWard M. Terry, Building Inspector, Town of Southold, be and he ~ereby isauthorized to attend the Annual Meeting. Conference and Schoolof New York, State Office Building on Sept. 26, 27 and 28, 1963, and BE IT FURTHER RESOLVED: That the necessary expenses incurred while attending said meeting be ~legal charge against the TOWn of Southold. Vote of Town Board: Ayes, Supervisor Albertson; Councilmen Demarest and Grathwohl; Justices TuthiI1 and Clark. Moved by Councilman Grathwohl; seconded by Justice Tuthill: WHEREAS, a petition~was received from William J. Baxter, Jr., Patricia Baxter, Robert Goeller, Jr,. Jane P. Goeller and William J. Baxter, Sr. reefuesting a change of mo~ of certain property in Cutchogue, N.Y. des- cribed in said petition from "A" Residential and Agricultural District to?'Bg-Bus/ness District, NOW,'THEREFORE, BE IT RESOLVED: That the Town clerk of the Town of Southold be and he hereby .is directed to transmit this application to 226 the Planning Board~in accordance w~ith Section 901, Sub~ivision~c of Ar-ticle IX of the Building. Zone ~ Ordinance of the Town,of $outhold. Vote of T~wn Board: Ayes-~upervisor Albertson; Councilmen~Demare.st~ and Grathwohl; Justices Tuthill and clark Moved by Justice .Tuthill; seconded by councilman Grathwoht;' WHEREAS, Mabel Miles has applied to the 'Town. Board for a ~single ~ailer permit dated August, 1963, NOW, THEREFORE, BE IT RESOLVED: That the application of Mabel Miles- to locate a single trailer on her property, .Private Road, NOrth side of Main Road, Laurel, N.Y. be and hereby is granted for year round occu- pancy for ~a one year peri~ dated August .6, ~1963. Vote of T~Wn. Board: AYes-Supervisor Albertson; Councilmen Demarest and GrathwohI; Justices T~thill and Clark. Moved by Justice Tuthill; seconded by Councilma~ Grathwohl; _ ~ WHEREAS-, the Superintendent of Highways ~ has advised the Town Board-~hat a serious highway drainage condition exists in the vicinity of Bay Avenue, at Mattituck, and WHEREAS, the Superintendent of Highways recommends to the TOWn BQard that real property be acquired for drainage purposes to alleviate' flood- ing conditions on Bay Avenue at Mattituck, .New York, and WHEREAS, the Superintendent of Highways '~f Highways has also advised the Town Board that Peter Kreh, Sr., the owner of property locate~ on the east side of Bay Avenue, Mattituck, New York, will convey a parcel of land in the rear of his dwelling.; together.~with a. twelve foot right of way from Bay Avenue~.to said parcel, for the sum of Fifteen HUndred ($1500.00) Dollars, and the Highway Superintendent be- lieves that the acquisition of said real property and the constructign of a drainage area thereon will alleviate the flooding conditions ion Bay AVenue, and recommends that the Town Board acquire the said~real property for the aforesaid sum, _. -' NOW, THEREFORE, BE IT RESOLVED: t~hat the Supervisor be and. he~h~reby. is authorized and directed to.enter into a written contract with Peter Krey, Sr. for the purchase of the real property hereinafter des~cr.~bed for the sum of Fifteen Hundred ($1500.00) Dollars, to wit: ALL 'that certain plot, piece or parcel of land situate at Mattituck, in~ the ToWn of Southol~, Suffolk County, New York, generally bounded and described as follows; BEGINNING at a point on the northerly boundary line of land of Peter Kreh, Sr., which point is 152 feet easterly along said line from the easterly side of Bay Avenue; from said point running thence easterly along said boundary line a ~istance of 98 feet more or less to land now or formerly of William Berlinger; tt~nce southerly along land last mentioned 75 feet more or less to land now or for- merly of Jackson; thence westerly along land last mentioned a distance of 98 feet more or less; thence in a .northerly ~ direction along other land of Peter Kreh, St., a distance. of 75 feet to the~p~nt or place of beginning. Toge/~her with a right of way 12 feet in width~from the easterly side of Bay AVenue to the premises hereinabove described~ The southerly line of .Said right of way being the south- erly line of Premises of Peter Kreh, Sr. Vote of Town Board: Ayes-supervisor Albertson;. Councilmen Grathwohl and Demarest: J~stices Tuthill and Clark. Moved by councilman Demarest; seconded.by Justice Tuthill:~ WHEREAS, the residents of captain Kidd Estates request .a sp.eed'limit in the Captain Kidd area, Mattituck, NOW, THEREFORE, BE IT RESOLVED: That the S~pervisor be and he hereby is authorized to communicate with the State Traffic CoaUaission and request it to establish a maximum speed limit, of 15 MPH_~n this area. Vote of Town Board: Ayes-SUPervisor Albertson; Councilmen Demarest and Grathwohl; Justices Tut_hill and Clark. ...... 227 Moved by Justice Tuthill; seconded.by councilman GrathwOhl; WHEREAS, Joseph Riccardo and Jack Driscoll by petition verified the 4th day-of March, 1963, petitioned the T~wn Board for a change of zone of certain real property described in said petition from "A" Resident- ial and Agricultural District to '.'B" Business District, and %~HEREAS, the said petition was referred to the Planning Board for its official recommendation and report, and WHEREAS, the Town Board pursuant to due notice thereof held a hearing thereof on July 9, 1963, at which time all interested persons were given an opportunity to be heard, minutes of which were recorded by Judith Boken, NOW, TH~RY~P~, BE IT RESOLVED= That the Southold Town Building Zone Ordinance, including the Building Zone Maps be ammended from "A" Residential and Agricultural District to "B" ~usiness District on th~ 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 monument set on the corner formed by the intersection of the northerly line of Main Road, New York State Route 25, with the easterly line of Factory Avenue; running thence North 20° 22' 40" West along the easterly line of Factory Avenue 663.35 feet to a-monument set in the southerly line of land former- lYoOf John Husing, late~ of Lee O. Karp; thence North 64 47' 50" East along said last mentioned land 664.36 feet to a monument set in the westerly line of Mattituck Cemetery; thence South 37© 20' 30" East along said Cemetery 440.26 feet to a monument set in the northerly, l%ne of said' Main Road; and thence South 48° 57' 30'' West along the northerly line of said Main Road 844.83 feet to the .point or place of beginning. BE IT FURTHER RESOLVED: That the TOWn Clerk be and he hereby is authorized and directed to cause notice of said amendment to be posted and publishedpursuant to law. Vo=e of T~Wn Board: Ayes-Supervisor ~Albertson; Councilmen Demarest and Grathwoh!; Justices Tuthill and Clark.- Moved bY councilman Demarest; seconded by Justice Clark; RESOL~.VED: That General Bills in the amount~of $6,299.81; Lighting District Bills in the amount of $2,741.47 and Fishers Island Ferry District Bills in the amount of $9,858.41 be and the same are hereby ordered paid. Vote of TOWn Board: Ayes-Supervisor Albertson; CoUncilmen Demarest and Grathwohl; Justices Tuthill and Clark. Moved by Justice Clark; seconded by Justice Tuthilt: RESOLVED: That a public bewaring will be held by the Town Board of the Town of Southold, Suffolk County, New York, at the Supervisor's Office, 16 South Street, Greenport, New York, on the 10th day of September, 1963 at 7230 P.M. of said day in the matter of the app- lication of the Long Island Railroad Company requesting the right, franchise, permission or con~ent to operate an omnibus line on and over the street, highways and public places in the TOWn of Southold, Suffolk County, New York. Vote.of Town Board: Ayes- %?ervisor Albertson; Councilmen Demarest and Grathwohl; Justices T~thill and Clark. Mr. H. J. Williams, Point Pleasant, Mattituck, N.Y. appeared before the ~Boa~_.~ r~uesting a dog ordinance. Mr. Williams said dogs had done great destruction to the under side of his house and thought a dog ordinance was necessary. The Board will investigate the matter. 228 Letters were .received from the following: l& Deep Hole Properties Association advising the Board that tJaey are in favor of dredging Deep Hole creek. Also reported conditions at the intersection of New S~f~olk Ave., and~ Deep Hole Ave. 2. Fleets Neck Association thanking Supt. iof Highways for work at the end of Pe~uash Avenue, Cutchogue., New York. 3. Mattituck Gun. Club on renewing eontract wi~h Town. 4. Mrs. Nelson thanking Superintendent of Highways for opening Peconic Inlet. 5. Frank J. Maggiore for first aid and ~uick'.response from old Police Department. Adjournment. Albert W. Richmond, T~Wn "Cl. erk SPECIAL MEETING OF- AUGUST~ 13, 1963. WE, the undersigned, b~ing members of the Town Board of the ?~Wn Southold, Suffolk County, New York, .d0 hereby, severally waiv~ nO~ice of the time, place and purpose..of, the meeting of the TOWn' Board held at Greenport, in-the TOWn of Southold~ ~-New York, on Tuesday~-~ August 13, 1963 and do hereby consent 'that .the same be held ~on ~d date for the'transaction of any business which may ~properly come before said meeting. ' Dated: August 13,. 1963~ Lester~Albertson, Supervis®m Southold, New- York Corwin 'C. Grathw. ohl, Louis -M. Demarest, ~C~un~itmah~I ~Ralph W. T~thill, .Justice o~ ~;Peace Henr~ A. clark, Justice of Peac6 Alber~ W~ Rich. mond, Town Clerk- A special meetin of t~e $outhold T~wn Board was held at the SupenfVisor's ~ffice, 16 S~Uth Street, Greenpor~, N~Y~ ~on Tuesday, August i3, ~1~96'3, the members of the Board having waived notice .of the time, place-and purpose of the meeting. The meeting was calle~ to order by the Supervisor, Lester M. Alber~son, at ~5:00 P-.M. with the ~ following present: S~per~isor Albertson; Councilmen Demarest and Grathwohl~ Justices TuthilI '~d · Clark; Town clerk Richmond. .~- .~ ' Moved by Justice Tuthill; seconded by councilman Demarest; RESOLVED: That Bond No. 73S-1747 BC, isSUed 'by the Aetna Casualty and Surety Company /_n the name of James~P. Mellas in the sum'o~ $40100.00 be and the same is hereby approved as to its form, manner of execution and sufficiency of sureties therein. Vote of Town Board: Ayes-~upervisor-Albertson; Councilmen Demar~s~~' and Grat~wohl; Justices TUthilt and clark. Moved by Justice Clark; seconded by councilman Demarest; RESOLVED: That the Bond No.' 73-S-1746 BC, issued by. the Aetna Casualty and Surety Company in the name of Edward Stanley Brush in the ~sum ~of $400~.00 be and the same is hereby approved as to its form, manne~ -of Execution and sufficiency of sureties therein.~ Vote ' of Town Board: Ayes- supervisor -Albertson; Councilmen Demarest and Grathwohl; Justices Tut~ill an~-Clark. Moved by Justice Tuthillr seconded by Councilman Grathwohl; W~REAS, George McCarthy has applied to the Town Board for '~a'. single~ trailer permit, dated August 2, 1963, NOW, THEREFOI~E, BE IT RESOLVED: That the application of George McCarthy to locate a single trailer off Rt. 25, Laurel, N.Y. be and ~ereby is granted for year round occupancy for a one year period. Vote of TOWn Board: Ayes-Supervisor Albertson; Councilmen Demarest and Grathwohl; Justices Tuthill and Clark.