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HomeMy WebLinkAboutTB-07/25/1972SOUTHOLD TOWN BOARD MINUTES Meeting of July 25, 1972 The Southold Town Board met at the office of Supervisor Albert M. Martocchia, 16 South Street, Greenport, New York, at 3:00 P.M.s, Tuesday, July 25, 1972, with the following present: 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, Superintendent of Highways Raymond C. Dean, and Town Clerk Albert W. Richmond. Absent: Justice E. Perry Edwards. Moved by Justice Suter, seconded by Councilman Homan, it was RESOLVED that the minutes of July 11, 1972 be and they hereby are approved. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Justice Suter, it was RESOLVED that the next meeting of the Town Board of the Town of Southold will be held at the Supervisor's Office, 1,6 South Street, Greenport, New York, on August 8, 1972 at 3:00 P.M. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, CoUncilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Councilman Rich, WHEREAS, by resolution adopted by the ToWn Board on the 20th day of June 1972, a public hearing was authorized to be held in the matteroSf the adoption of an amendment to the "Traffic Ordinance of the Town of Southold",and WHEREAS said hearing was held by the Town Board on the llth day of July 1972 at which ti.me~ all intereSted ~er~ons were given an opportunity to be' heard,.-and WHEREAS this Board deems it in the best interest of the Town of SouthoTd~ %hat'th~ Southold Town Traffi'C Ordinance amendments be adopted, ~ NOW, THEREFORE, BE IT RESOLVED that the following Traffic Ordinance amendments be a~op.ted by the Southold Town BOa~rd: I. By amending~'Articte IV'of the ~raffic Ordinance of the Town of Southold by adding a new Section hhereto, to be Section 4, to read as follows, to wit: Section 4~- The following town. highway~railroad crossings are hereby designated aS'Stop crossings and Stop'~signs shall be erected, to wit: - Laurel~La~e in Laurel Mary's Road in Mattituck Mill Lane in Mattituck .... Elija~'s Lane. in Matt~tu~k Alvah's Lane in Cutchogue Cox Lane in Cutchogue Carroll Avenue in Peconic Horton A~ne in Southold Boisseau Avenue in Southold Laurel Avenue in Southold Kerwin Boulevard near Greenport Pipes Neck Road near Greenport Silvermere Road near Greenport Ninth Street near Greenport Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, ~ouncilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Justice Suter, it was RESOLVED, that Supervisor Albert M. Martocchia, be and he hereby is authorized to enter into a lease for one year with Val Stype for a parking lot for~the Cutchogue Justice Court, Main Road, Cutchogue, New York, at a fee of $150.00. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Justice Suter, ~4EREAS Lewis Raymond has applied to the Town Board for a singl~ trailer permit, NOW, THEREFORE, BE IT RESOLVED that the application of Lewis Raymond to locate a single trailer on his property, Main .Road, Greenport, New York, be and hereby is denied. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, J~stice Demarest. Moved by Justice Demarest, seconded by Councilman Rich, WHEREAS Minnie Wilson, applied to the Town Board for a single trailer renewal permit dated June 5, 1972, NOW, THEREFORE, BE IT RESOLVED that the application of Minnie Wilson, Middle Road, Cutchogue, New York be and hereby is granted for a period of six (6) months. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Rich, seconded by Councilman Homan, WHEREAS foreign fishing fleets are presently allowed to come within 12 miles of our coast, and WHEREAS we believe the present 12 mile limit is unsatisfactory due to the methods used by these fleets which threaten the many species living in the waters over the continental shelf with extinction, now, therefore, BE IT RESOLVED that we, the Town Board of the Town of Southold respectfully request the support of our legislators, the Honorable Jacob Ja~its, James Buckley and Otis Pike~ to increase the present 12 mile limit to a 200 mile limit, thereby ~stablishing a 200.mile conservation zone open only to United States ships, and BE IT FURTHER RESOLVED that a .copy of this resolution be sent to the above legislators. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seoonded by Councilman Homan, WHEREAS a petition was received from Lillian Pell, Greenport, New York, requesting a change of zone from certain property at Main Road, Greenport, said petition for a change of zone from "A Residential and Agricultural District to "B" Light ~usines$ District, NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk of the Town of Southold be and he hereby ~s directed to transmit this applica- tion to the Planning Board in accordance with Article XVI, Section 1600 of the Building Zone Ordinance of the Town of Southold./ Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. Moved by Councilman Homart, seconded by Justice Demarest, In the Matter of the Application to : Discontinue a portion of a Highway : in the town of Southold, Suffolk : RELEASE County, New York, known as NASSAU : POINT ROAD. : The undersigned, being the owners of and persons interested in lands affected by the proposed discontinuance of a portion of a certain Town highway known as "NASSAU POINT ROAD" located at Nassau Point, Cutchogue, ~in the Town of Southold, and more particularly'hereinafter described~; for a valuable consideration, do hereby release the said Town of Southold from'any and all damages by reason of the discontinuance of the f.ollowing, port~on of the said Town highway k~own as '!NASSAU POINT RDAD3',. to. wit: All that c,e~tain, tract or pa~eel of land known as a portion of Nassau Point Road located at Nassau Point,~ Cutchogue, .in the Town of..Southotd, Suf~folk County,. New..~or.k, being bounded and described a.s follows: Beginning at the intersection of the irregularly, curved north-westerly, line of..Nassau Point Road with the easterly line of said Nassau Point Road as relocated, ,said. point of beginning being North 47 degrees 05 minutes 50 seconds East 133..53 feet from a monument at the easterly corner of lot 199 as shown ~n "Amended Map A, Nassau Point", filed in the Suff61k County Clerk's Office as Map No. 156; ~rom said point, of beginning running north- easterly along said irregularly curved northwesterly lihe, 260 feet, more or less, to ordinary high wate~ mark of Little Peconic Bay; thence southerly along the high water mark, 50 feet, more or less, to the irregularlY, curved.southeasterly line of said Nassau Point Road; thence southwesterly along said southeasterly line, 300 feet, more or less; thence across said Nassau Point Road, North 12 degrees 55 minutes 30 seconds Eas~ 75 feet, more or less, to the point of beginning. ~ated: July 13, 1972 /s/ David C. Eaton, as Trustee of an Inter Vivos Trust for Anna W. Murray /s/ Eleanor M. Eaton, as Co-Trustee of an Inter,Vivos Trust established for the benefi~ of. Anna ~. Murray. NASSAUPOINT CAUSEWAY ASSOCIATION, INC. BY /s,/ Harold W. Pro~m, Pres. STATE OF NEW:~OR~) '-~ ..... COUNTY OF ERIE ) SS.: (corporation seal) On the 13 day of July, 1972, before me personally-came David C. Eaton and Eleanor M. Eaton, Trustees of an Inter ~ivos T~st for Anna W. Murray,~ to~.7be known to be the ihdividuals described in and who executed .the~foregoing instrument, ~and acknowtedged~tha~ they execut-~d~ the.same-.. ' ~..: . _ ~ ._; ... ~ _. ~ /s/ Raym~nd~ F. Roll,_ Jr.,- Notary: Public~_~State of New York, Qualified in_Erie C~unty .... -~ -.." STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the 19th day of July, 1972, before me personally came Harold W. Proom, to be knowns, who,, being by me duly sworn,, did:depose and say that'~e ~resides at 510 Bayberry~ Rd:., Cutchogue, N.Y. that he,is the P;res~dent of NASSAU:..POINT CAUSEWAY ,ASSOCIATION, ;the corporation described :in and which,.executed the foregoing instrument; that he knows the seal of said corpor'ation; that the-seal affixed ;to said. instrument · s such corporate, seal ;;~. that . it -was so-~affixed~:by order or,the board of ;directors of said corporation, ah~-that he signed his name thereto by-like order. - .... : .: /s/ Anna W. Jacobs, Notary Public ~n State qf New YQ~k.,- residing · n Suffolk County ---: APPLICATION TO In the Matter of the Application to : DIS CONTINUE A Discontinue a portion of a Highway : PORTION OF TOWN in the Town of Southold,_ Suffolk-County, : 'HIGHWAY New York, known as I~ASSAU POINT ROAD. TO THE SUPERINTENDEI~T OF HIGHWAYS OF 'TPIE TOWN OP SOUTH~LD, IN THE COUNTY OF SUFFOLK, STATE 'OF NEW YORK':' The undersigned/ pers6ns liable to'be asse~s~d':for'h~ghWa~ taxes in ~h_e T0w77 o~..S0uth_01d, here~Y a~ply ~ you tO~'dlscontinue a ~por~'~oh ~0f-the T0~n highway at Nassau P0~nt, i~ ~he Town 'of Southold, Suffolk County, New York, known as NASSAU POINT ROAD, described as follows: All that certain tract or parcel-of land known as a portion of Nassau Point Road, located~at Nassau Point, Cutchogue, in the Town of Southotd, Suffolk County, New York, being bounded and described as follows: Beginning at the intersection of the ~irregUlarly curved northwesterly line of Nassau Point Road with the e'asterly line of said Nassau Point Road as relocated, ~safd point, of be~ginning being North 47 degrees 05 minutes 50 seconds:East 133.53 feet from a monument at the easterly corner of lot 179 as shown on "Amended Map ~, Nassau Point," filed in the Suffolk County Clerk's Office as map No. 156; from said point of beginning running northeasterly along said irregularly curved northwesterly line, 260 feet, more or less to ordinary high water mark of LittlePeconic Bay; thence Southerly along said high water mark, 50 feet, more or less, to the irregularly curved southeasterly line of said Nassau Point Road; thence southwesterly along said southeasterly line, 300 feet, more or less; thence across said Nassau Point Road, North 12 degrees 55 minutes 30 Beconds East 75 feet, more or less, to th~ point of beginning. Hereunto annexed and,made a part hereof is a certain map prepared by Van Tuyl and Son, Greenport, New York, and dated July 1, 1~70, amended March 5, 1971, which said map shows the portion of said highway requested to be discontinued by this application. Dated: July 13, 1972. /s/ David C. Eaton, as Trustee of an Inter Vivos Trust for Anna W. Murray m /s/ Eleanor M. Eaton, as Co-Trustee of an Inter-Vivos Trust Established rom the benefit of~ Ann~ W. Murray NASSAU POINT CAUSEWAY ASSOCIATION, INC. BY /s/ Harold W. Proom, Pres. (corporation seal) STATE OF NEW YORK) SS.: COUNTY OF ERIE ) _ On the 13 day of July~ 1972, before me personally came David C. Eaton and Eleanor M. Eaton, Trustees of an Inter Vivos Trust~ for Anna W. Murray, to be known to be the individuals~described in and Who executed the foregoing instrument, and acknowledged that- they executed the same. /s/ Raymond F. Roll, Jr., Notary' Public, State of New York, Qualified in Erie County. STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the 19th day of July, 1972, before me personally .came ~Harold W. Proom to be known, who, being by me duly sworn, did depose and say that he resides a% Bayberry ~oad~ Cutchogue, N.Y., that he is the President of NASSAU POINT CA~SEWAY ASSOCIATION, INC., the oorporation described in and which executed the foregoing instrument; tha~ ~he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. /s/ Anna W. Jacobs, Notary Public, State of New York, Residing in Suffolk County. In the Matter o'f'~e Application ~o : Discontinue a portion of a Highway in : the Town of Southold, Suffolk County, : New Yor~, known as NASSAU POINT ROAD..~ . : CONSENT TO.DISCONTINUE TOWN HIGHWAY Upon reading an~ ~iling the-Application of ~ASS~u POINT CAUSEWAY ASSOCIATION and DAVID C. EATON and ELEANOR M. EATON, dated July 13, 1972, and acknowledged the 13th a~d 19th days of July, 1972, and the release of the said NaSsau Point Causeway A~sociation and the release of David C. Eaton and Eleanor M. Eaton dated and acknowledged the 13th and 19th days of July, T972, which said Application requests the discontinuance of a portion of a Town highway of the Town of Southoid known aY "NASSAU POINT ROAD" Consisting of the following lands, to wit: Ail that certain tract or parcel of land known as a portion of Nassau Point Road, located at Nassau Point, Cutchogue, in the Town of Southold, Suffolk.County; New York, befng bounded and described as follows: Beginning at the intersection of the £~regularly curved north- westeriy'~line of Nassau Point Road with the easterly line of said Nassau Point Road as relocated, said point of beginning being NorTh 47 degrees 05 minutes 50 seconds East 133.53 feet from a monument at the easterly corner of lot 179 as shown on "Amended Map A, Nassau Point", filed in the Suffolk County Clerk, s Office as Map No. 156; from said point of beginning running northeasterly along said irregularly curved northwesterly line, 260 feet, more or less, 'to ordinary high water mark of Little Peconic Bay; thence southerly along said high water mark, 50 feet, more or less, to the irregularly curved southeasterly line of said Nassau Point Road, thence southwesterly along said southeasterly line, 300 fee~ more or less; thence across said Nassau Point Road, North 12 d~grees 55 minutes 30 seconds. East 75 feet, more or less, to the point of beginning. RESOLVED, ~ha~ consent'~be and~-~he 'same hereby is given that' the Town superintendent of Highways of the Town of Southold make an order discontinuing as a Town highway' tha~ portion of the Town highway kn0Wn 'as'"NASSAU'POINT ROAD" hereinbefore described, all in accordance with the provisions of Section 171 of the Highway Law Of the 'State of Dated: July 25, 1972 TOWN BOARD OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK. /S/ Albert M.~ Martocchia~ Supervisor /s/ James H. Rich, Jr.~ Councilm~n · /S/ James F. ~0man, councilman ..... /s/ Martin Suter, Town.Justice ~ ' /s/ Louis M. Demarest, Town ~us~ice In the Matter of the Discontinuance of a: ORDER OF TOWN SUPERINTENDENT Portion of a certain~town highway known :-DZSCONT%NUING-A PORTION OF A as NASSAU POINT ROAD in the Town of : TOWN HIGHWAy Southold, County of Suffolk, State of : New York. : · Application having been made'for the"discontinuan~e Of a portion of a certain town highway known as NaSsau' Point'Road in the Town of Southold, County Of Suffolk, State o~f New York, hereinafter described, and all patties affectedthereby having released'the said Town from all damage~ by reason of such discontinuance, and the Town Board of' %he Town of SOuthold having made its consent to the making~ of this order, all of Which papers~ are'filed ~nd recorded ~erewith. NOW, THEREFORE, I, Raymond-C. Dean, Town-Superintendent of Highways of th~ Town of So~holdv'in accordance with the provisions of the~ Highway Law ~o~-the- S~ate of New YOrk', do hereby order~ th.e fol~owing'%ands'~s~isc0ntinued as a'publ'ic highway of' the Town.-~f Southold, County of Suffolk, State Of New York, to wit:. %1% that certain tractoor parcel of land known as a portion of Nassau Point Ro~d, t'ocated~at Nassau Poinl, Cutchogue, in 'the Town of Southold, Suffolk County', New York, being~ bounded and described as follows: Beginnihg at the interSection ~f the irregu-larly curve~"north- westerly~ line of Nassau Point Road wi~h ~the easterly line of said Nassau ~Point Road'as relocated, Said-point-of beginning being North ~7 degrees 05 minutes 50 seconds East-t33:.53 fee~t from a monument at the easterly corner"of lot 179 ~B'"~hOwn on~ "Amended Map A, Nassau Poin?', filed iH the Suffolk County Clerk's Of.fice as Map No. 156;~ from sa-id point of_beginning running northeasterly along Said irregularly curved northwesterly line, 260 feet, more or less, to ordinary high water mark of Little Peconic Bay; thence southerly along said ~high water mark, 50 feet, more or less, to. the. irregularly curved southeasterly line of said Nassau Point Road; thence southwesterly along said southeasterly line, 300 feet, .more or less; thence across said Nassau .Point Road, North 12 degrees 55 minutes 30 seconds East 75-feet, more or less, to the point of beginning. AND I DO FURTHER ORDER that that portion of the said existing town -highway above described be discontinued and closed as a public highway of the said Town of Southold. Town of Southold, New York. Dated: July 25~ 1972. /s/ Raymond C. Dean, Town Superintendent cf..Highways of the Town of Southold, Suffolk County, New York. Vote of the-Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan,-J~stice Sut. er, Just~ice Demarest. Moved by Justice Suter, seconded bY Justice Demarest, WHEREAS, certamn areas of the-Town of Southold are subject to periodic flooding from the tidal waters surrounding the Town of_ Southold causing serious damages to residential properties within these areas; and WHEREAS, relief is available in the form of flood insurance as authorized by the National Flood Insurance Act;.of 1968 as amended; and-- WHEREAS, it is ,.the'i~tent of this Board to comply with land use andl management criter'ia regulations as required in said act; and --~ WHEREAS, it is also the intent of this Board to recognize and duly ev&luate f/ood~hazards~in all official actions relating to land use &ndt~en~d-plain areas having special flood hazards; and WHEREAS, the State enabling legislation and any resulting town ordinance that authorizes this Town to adopt land use and control measures are Town Law, Artiql~s 9~_~nd~l~ ~n~.~n~cipa~.H~me Rule Law, Article 2. NOW, THEREFORE, BE IT RESOLVED, that this Board hereby assures.the Federal Insurance Administration that it will take' legislati-ve action as follows: (1) Enact and maintain in force for those areas,' a~equ~t~ land use and control measures ~ith effective enforcement provisions consistent with the criteria set forth in Su~pg~t A.?f ~Section._ 1910 of the Nationa%,.~lood Insurance Regulations; and (2) If necessary, seek State enabling legislation conferring authority to enact l~nd use~and control measures designed to.reduce ~he exposure of property to flood loss~ and , -('3) Take such other official action as may be reasDn~bly necessary to carry]out: the objectives of the prggram. Such actions will include but not be limited to: .,(a) Assisting.the Federal Insuranc~ Adm~n~skra~tor., at his request, in'deli'heating the limits of the flood plain having special flood hazard on available local maps of sufficient scale. to identify the location of the building sites ..... (b) After flo~d insurance is m~de'available, furnishing representatives of the National Flood Insurers Association (al.s0~ appropriate Federal or S~ate agencies',upon request) mnformat~on' ..... '~ : concerning new or substantially improved structumeswithin the area of special flood hazard. This information will include floor elevations and ~if'there is a basement, the distance between the first floor and the bottom of the lowest opening where ware~ flow,ing on the gnsan~,wil! enters, . (c) Cooperating with Federal, Sta~e and lo~al agencies which undertake to study, survey, map and identify flood-pr0~e a~eas as w~ll as cooperating with neighboring jurisdictions with respect to adjoining flood plains in order to prevent aggravation of the flooding problem. (d) Providing the name of the individual &nd the office that will be responsible for furnishing the first floor elevation information. BE I~ FURTt{ER RESOLVED, that this Board hereby appoints the Town Supervisor with the responsibility, authority and means to implement the commitment made herein. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Homan, it was RESOLVED that Raymond Dean, Department of Public Works, be and he hereby is authorized to advertise for bids for necessary fence around the Town Disposal Area. Bids must specify cost of fence and cost of labor involved. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Justice Demarest, it was RESOLVED, that the Town Clerk be and he hereby is directed to request the Long Island Lighting Company to install the follow- ing lights on Oregon Road: Vote of the Town Board: Ayes: ~pervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Recess was called at 3:35 P.M. to reconvene at 4:35 P.M. Meeting reconvened at 4:35 P.M. Moved by Justice Demarest, seconded by Justice Suter, it was RESOLVED that-S500.00 fe and hereby-is ordered transferred from Surplus to Item A7310, Youth Programs - contractual expenses. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman RiCh, -Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest,-seconded by Justice Suter, it was RESOLVED that $500.00 be allocated for the assistance of Harbor crafts, Inc., Greenport, New York, provided such claim is placed on a proper voucher~ ' Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Meeting adjourned at 3:55 P.M. &lbert W~ Richmond Town.Clerk