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HomeMy WebLinkAboutTB-07/05/1972',~"/SOUTHOLD TOWN BOARD MINUTES M&eting of~ July 5, 1972 A Special Meeting of the Southold Town Board was. called-by~ Supervisor Albert M. Martocchia. at his office, 16 South Street, Greenport, New York, at 10:00 A.M., ~ednesday~ Ju!y-5, 197'2, and the following waiver was signed: WAIVER OF NOTICE OF TOWN BOARD MEETING WE, the undersigned, being members of the Town Board of the Town of Southold, Suffolk County, New York, do hereby severally waive notice of time, place and purpose of the meeiing of the Tow~ Board to be held at 16 South Street, Greenport, New York, in the Town of Southold, on Wednesday, July 5, 1972, and do hereby consent that the same be held on said date for the transaction of any business which may properly come before said meeting. Dated: July 5, 1972. Southold, New York /s/ /s/ /s? /s/ /s/ /s/ Albert M. Martocchia, Supervisor Louis M. Dema~est, Justice James F. Homan, Councilman Martin Suter, Justice James H. Rich, Jr., Councilman E. Perry Edwards, Justice Present at the special meeting: Supervisor Albert M. Martocchia, Councilman James H. Rich, Jr., Councilman James F. Homan, Justice Martin Suter, Justice Louis M. Demarest, Town Attorney Robert W. Tasker, and Town Clerk Albert W. Richmond. RESOLUTION AND DETERMINATION In the Matter of Petition of East End Associates for Annexation of Territory to the Village of Greenport. The following resolution was offered by Justice Demsrest, seconded by Justice Suter, WHEREAS, EAst End Associates has heretofore presented a petition to this board rqquesting that the territory described in said petition be annexed to the Village of Greenport, and WHEREAS, a public hearing with respect to said petition was duly held jOintly with the Board of Trustees of the Village of Greenport on the llth day of April, 1972, to hear any testimony and receive ~vidence and information which may be presented concerning ~he said petition and the question of whether the proposed annexation is or is not in the over-all public interest, NOW, THEREFORE, this board does hereby make the following findings with respect to compliance of the Said petition with the provisions of Article 17 of the General Municipal Law and with respect to the effect of such proposed annexation on the over-all ~ublic interest, to wit: I. That the said petition subKtantially complies xn form with the provisions of Article 17 of the General Municipal Law. II. That the proposes annexation is not in the over-all public interest (1) of the territory proposed to be annexed or (2) of the Village of Greenport to which the territory is proposed to be annexed, or (3) of the remaining area of the Town of Southold in which such territory-is situated, or (4) of the Union F~ee School District No. 10 or the East-West Fire Protection District, both of which districts are situated partly in the territory proposed to be annexed for the following reasons, t~ wit: (a) As indicated on the map annexed to said petition the area of the territory sought to be annexed comprises 48.7186 acres of vacant land. The land on the south and west of the territory in question is wi%hin the incorporated Village of Green.port and is uninhabited land utilized for park and watershed purposes by the Village. The land to the east and north (across Middle Road, County Route 27) is outside the incouporated limites of the Village of Greenport and is used, occupied and zoned for one family dwelling purposes. The territory sought to be annexed and the land lying to the north and east thereof is within the "A Residential and Agricultural District under the Town of Southold Building Zone Ordinance which provides for minimum size lots of 40,000 square feet if both public water and public sewer are not provided and 20,000 square feet if public sewer and public water ~ provided. Public water is available to the territory in question but public sewers are net. The zoning ordinance of the Village of Greenp_ort adopted in October, 1971 provides that areas annexed to the Village shall be in %he R-l.zoning district which requi~es a minimum lot size of 10,000 square feet without regard to whether public sewer or water is provided. Therefore if the territory in question were annexed-to the Village of Greenport, the zoning require- ments of the Village of Gree~port would permit four times the number of dwellings to. be ~uilt than ~s allowed by the Town's zoning ordinance. The Southold Town Planning Board has recommended that the proposed annexation be denied since the development of the territory with fom~ times the number of dwellings permitted by the Town zoning ordinance would seriously endanger the limited fresh water~ resources of the Town and would conflict with the master plans of both the Town of Southold and Suffolk. County~ The Superintendent of Utilities of the Village at the hearing on this matter conceded that the supply of water in the Town is limited. (b) The petitioner's attorney, indicated at the hearing on this matter that the primary reason for requesting annexation was-to avail themselves, off,he public.sewer system of the Village of Greenport. The Village sewer system ~s~a primary treatment system with a maximum capacity of 500,000 gallons per day. ~he partially treated effluent is discharged into the waters of Long Island Sound within the ~own. of Southold. At the hearing, the Village Superintendent o~ Utilities stated that such system ~s presently in violation of law. The Village of Greenport is presently engaged in litigation with respect to its sewer system (Semahs Properties, Inc. v. Board of TrusA~es of the~Village of Greenport, Suffolk County, Index 71-13687). Exhibits and affidavits submitted by the Village in the proceeding indicate that the Village's sewer system is presently operating at 85% of its capacity (425,000 gallons:per day);~that, the p~ojected anticipated increase in the load within the present limits of the Village would bring the daily volume of the plant up to 535,000 gallons per day. This Board believes that ~he proposed annexation would possibly result in the discharge of additional amounts of inadequately treated sewage into the waters of Long Island Sound and thereby endanger the health of the inhabitants of the Town of Southold. This board further believes that if the territory in question were not annexed to the Village that if petitioner were go develop the property within lots of 20,000 square feet in size, that the developer, at his own expense, would have to construct a communal sewer system in ~o~forma~en~ith present health standards, and therefore eliminate any threat of pollution of the waters surrounding the Town of Southold. (c) This board is mindful of the ~act that the Village of Greenport is desirous of increasing its tax base. The territory in question is presently assessed on the Town tax rolls at $14,000, and if annexed would increase the Village tax base by less than one- half of one percent. This board is of the opinion that the detriment to the Town would far outweigh any benefit that the Village would achieve by such a miniscule increase in its tax base. For the reasons hereinbefore set forth, this board does hereby DETERMINE that it is not in the over-all public interest Ao approve such proposed annexation of the territory set forth in the petition of East End Associates. The foregoing resolution was duly put to a vote v~i~ resulted as follows: Supervisor Martocchia voting yes, Councilman Rich votin~ ~es, Councilman Homart' votin~ yes, Justice Demares~voting yes, Justice Suter voting yes. The resolution was declared unanimously adopted. - ORDER In the Matter or'the Petition of' East End Associates-for Annexation of Territory to the Village of Greenport. There having been presented to'this town board a petition of East End Associates requesting that ~the territory described in said petition be annexed to' the Village of Greenport; and a public hear- ing With respect'to'~said petition having been duly held jointly with the Board of Trustees of the Village of Greenport on the 1-1th day of April, 1972 to hear any testimony and receive evidence and information With may be presented concerning the said peti%ion and the question of whether the proposed annexation is or is not in the over-all publiC interest; and this town board having, by a resolution duly adopted on the 5th ~ay of July, I972 duly determined that it was not in the over~all public interest to consent to the annexation of the t~rri'tory described in said petition; Now, on motion of Councilman Rich, seconded by Councilman Homan it is ORDERED that this town board does hereby determine that it is not in the over-'all public int~rest to ~approve the proposed annexation of the territory described in the said petition of East End Associated and does hereby disaPprove such proposed annexation and does not consent to the same; and it is further ORDERED, that the town clerk shall cause a certified copy of this order, together with copies of the petition, the notice, ths written objections, if any, and~testimony and minutes of proceedings taken and kept on the hearing, in the Office of the clerk of the Village of GreenpOrt, and it is further ORDERED, that the town clerk shall cause a'certified copy of this order to be filed in the office of the County Cte~k o'f the County of SuffolK. ~s,/ Albert M. Martocchia, Supervisor, Martin Suter, Town Justice, Louis M. De~arest, Town Justice, James H~man, Councilman, and James H. Rich, Jr.,. Councilman. Matting adjourned at 11:45 A.M. Albert W. Richmond, Town Clerk