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HomeMy WebLinkAboutTB-08/08/1972220 SOUTHOLD TOWN .BOARD .MI~NUTES Meeting.of August.8, 1972~ The Southold Town Board met at the office o.f Supervisor~A!bert M. Martocchia, 16 South Street, Greenport, New York, at 3:00 P~M., Tuesday, August 8~ t972,.~.~ith the.fol!owing pres~ent: SuPervisor Albert M. Martocchia, Councilman James H. Rich, Jr., Councilman James F. Homan, Justice Martin Suter, ~Jus~ice Louis M. Demarest, Superintendent of . . Highways .Raymond C. Dean, and Town Clerk ~Atbert W.. - . ~.Richmond~ .... ~ ~ . ._ Absent: Justice E. Perry Edwards and To~wn Attorney Robert W. Tasker. Moved by Justice Suter, .seconded by~Coun~cilman Rich, it was. RESOLVED, that the minutes of July 25, 1972 be and they hereby are approved. , ...... Vote of the Town Board.: Ayes: Supervisor ~Martocchia, Councilman Rich, Councilman Homan, Justice Su~er, Just, ice .Demarest.. Moved by Justice Demarest, seconded by Justice Suter, it was RESOLVED, that the next meeting of the Southold Town Board will be held at ,1:00 P.M., Thursday, August 2~, 1972 at Fish~rs Island, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman.~Homan, JuStice Surer, Justice Demarest. Mrs. Gladys Csajko read the followzng letter to the Town Board: "Council of Allied Associations of the North Fork Taxpayers Association, Inc., Peconic, New York 11958, ~ugust 8, 1972. ~ Southold. Town Board, Greenport, New York, Gentlemen: ...... ~'~ The Council of Allied Associations,. at its August 2nd meeting, voted to go on record as recommending.to the Southold Town Board that whatever legal steps are necessary to be taken to pr0~ide that, in all future proposed zoning changes, request for variances, or condemnation of land, the following.procedures be declared mandatory: 1. all property owners zn the nea~ vicinity of a proposed zoiing change be notified, ~y mail, of the proposed action togethem with the date, time, and place of the hearing on the proposed change of z~n~ng; 2. all proper~y owners mn t~e immediate vicinity of a requested variance be notified, by mail, of the proposed action, to~ether with the date, time, and place of the hearing on the requested variance; 3. property owners of land proposed for condemnation, and all property owners in the near vicinity of land proposed for condemnation, be notified;by mail, of the proposed action, together with the date, time, and place of the hearing on the proposed condemnation; 4. final decisions on such proposed actions should be publicized ~ · n a local newspaper, and, upon request, property owners affected by the change should be notified of the final decision by mail. The Council of Allied Associations believes the above steps should be taken since the general public and particularly affected property owners are too often unaware of proposed changes until it is too late to register an©opinion. The cost of the above procedures should be well offset by providing Southold Town with a better informed and better protected public. S~ncmmely, Mrs. Gladys Csajko, Chairman, Council of Allied Associations." A petition was received from residents of Bay Avenue, Cutchogue, requesting that the name Bay Avenue be changed to Skunk Lane, the old original name. Moved by Councilman Homan, seconded by Justice Demarest, it was RESOLVED, that the reports of the Supervisor, Fishers Island Ferry District, Police, Building Inspector, Justice Suter and Town Clerk, for the month of July 1972 be accepted by the Town Board and placed on file. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Councilman Rich, it was RESOLVED, that the Town Clerk be and he hereby is directed to request the Long Island Lighting Company to install (1) one 100 CP s~reet light on Pole ~7, 5arbor Lane, Cutchogue, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Justice Demarest, W~EREAS John Klein applied to the Town Board for a single trailer pen~al permit dated August 10, 1972, NOW~ THEREFORE, BE IT RESOLVED that the application of John Klein, Main Road, Mattituck~ 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 Justice Suter, seconded'by Justice Demare~t, WHEREAS Donald Clark applied to the Town Board for a camper trailer permit dated August 1, 1972, NOW, THEREFORE, BE IT RESOLVED thatthe application of Donald Clark to locate a camper trailer on the property of Ruth Collins, Mattituck, New York for a period from August 12, 1972 to August 18, 1972, ~er'sleeping onty~ ~s-'~ereby-granted. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice~Suter~ Justice Demarest. Moved by Justice Suter, seconded by Councilman Homan, WHEREAS, Angeto G. PetruCci has by~written~application applied to this board for a renewal of his permit to excavate sand, ~ravel, stone or other~materfals' from~-p~emfses tocated~south of Soundview Avenue~ Southold~ New York; bounded generally'northerly by lands of Edwin~A~ Smith and'Long Istand-Prod~ce-Co~; easterly by lands" of Case and ~aplan; southe'rly~by lands of Newelt Estate and Sepenoski; a~d weste~!y b~ lands ~of~isdale"~and Edwin A~ Smith, and WHEREAS a public hearing was held on-the-original application on July 13, 1971 at which all interested persons were given an opportunity to be heard, ~ NOW, THEREFOR~,-BE IT RESOLVED tha~ this Board~does in accordance with Section V of the Excavation Ordinance of the Town of Southold, f~ind that .... - ('a~ The~proposed"operations will not-interfere with the surface water drainage~plan of the area nor endanger any street, ro~d or highway, ..... (b) The circumstances of the location and terrain are reasonably adapted to rehabilitation to the end that the premises will not become desert or Waste land foltowing~comptetion of operations. (c) The circumstances of the location and the terrain are such~that conditions and safeguards may feasibly be imposed to assure~that the premises wi~ not constitute'~an~attractive~uisance or endanger the safety of children~ ..... (d) The use will not cause undue traffic hazards2 - (e) ~The-use wilt-not cause undue noise or wind-blown dust or sand. ~ ............... -- (f) ~The~-use will not change-the--establish~d~character of the neighborhood or depress the value of Other lands in such neighborhood. (g) The proposed-~ope~ations-are set-back at-least 20 feet from any road, street, avenue ~r highway and that the excavation operations were in existence at the ~ffective date of the aforesaid excavation ordinance and that such p~oposed operations will not be extended 222 beyond ~the present front, side or rear setback lines, and it is f~rther RESOLVED, that the. _ Town. Clerk be and..he.~ereby is authorize~ and directed to issue a renewal permit to said A~elo G. Petrucci for the excavation of sand, gravel, stone, or other materials from the above described premises for a term of one year, ~ubject, however, to the following terms and Conditions: 1. The removal of materials shall be confined to the shaded areas outlined in red on the map accompanying said original application, a copy of which has been signed by the Supervisor and the applicant and filed ~th the Town Clerk. 2. The removal of materials from said areas shall not extend below fifteen (15) feet above sea level. 3. Ail removal operations shall be setback at least 10 feet from all property lines. 4. ~11 slopes shall be maintained during ~nd after-operations at one foot vertical on one foot horizontal. 5. After operations ha~e been completed, the excavated areas, as well as all other areas where prior excavation 6perations ~ave been conducted on the premises, shall be leveled, regraded, all stumps, rocks and other debris removed and the entire premiees seeded with grass. Vote of the Town Board: Ayes': Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Councilman Rich, it was RESOLVED, that Police Chief Carl Cataldo be and he,hereby ~s authorized'to hold a public auction for the sale of twO PlymoUth police ca~S'%PK41Fi92418 and %PK41N1F192422. Auction to be held at the Highway Department building On Pecon~c Lane, Peconic, New York, at 10:00 A.M., Saturday, August 12, 1972. Vote of t~e Town Board: Ayes: Supervisor Mar tocchia, Councilman Rich, Councilman Homan, Justice Suter, ~ustice Demarest. Moved by Councilman Homan, s~conded by Justice Demarest,- it was RESOLVED that Chief Carl Cataldo is hereby authorized to sign an agreement on behalf of the Town of Southold With Relay Communications Inc. and Walter Schwindt, for the connection of a leased line alarm system to the alarm.panel of the communications console at Police Headquarters, Main Road, Peconic, New York. ,~ Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Suter, Justice Demarest. Moved by Justice. Demarest, seconded by Councilman Rich, it was RESOLVED that Chief Carl Cataldo is .hereby authorized to si~n an agreement on behalf of the Town of Southold with THompsonS~gnal' ~ Devices, Inc. and Cyrus McCormick, for the connection of a leased line alarm system to the alarm panel of the communications console ~t Police Headquarters, Main Road, ~eu~h~New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman~ Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved bY Councilman Rich, seconded by Councilman Homan, WI{EREAS Bayview Development Corp., by petition dated May 11, 1972, petitiongd the Town Board for a change of zone on certain property situated at Bayview Road, Southold, New York, from "A" Residential and Agricultural District to "M-i" General Multiple Residence District, and WHEREAS the said petition was referred to the Southold Town Planning Board for official recommendation and report, and WHEREAS the Town Board, pursuant to due notice, held a public hearing thereon on the llth day of July ~972 at 8:00 P.M., at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE~ BE IT RESOLVED that the relief demanded,in said petition~be-and the same is in all respects Denied~ Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice.Suter, Justice Demares~. Moved by Justice Suter, seconded ~y Justice Demarest, WHEREAS Arthur H. Frank, by petition dated May 1, 1972, petitioned the Town~-B©ard for a change of zone on certain property situated at Mattituck Creek, ~o~n of Sou~hold, .from "A" Residential and Agricultural Districttto "B-i" General Business District, and WHEREAS, ~he said petition was referred to ~he Sou~hold Town Planning Board for official recommendation and report, and WHEREAS, the Town Board, pursuant toJdue notice,.held a public hearing thereon on the llth day of July, 1972, at 7:30 P.M., at which time all interested persons were given an oppor.tunity to be heard, NOW,..,THEREFORE, BE IT-RESOLVED, that the. relief_demanded in said petition be and the same is in all respects Denied. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Councilman Homan, WHEREAS George Ahters, by application:dated,.,March 6, 1972, petitioned the Town Board for a change of zone on certain~ property situated at Southold, New York, from "A" Residential and Agricultural District a~d "C" Industrial District to "M-i" General Multiple Residence District, and WHEREAS the said petition was referred to the Southold Town Planning Board for Official recommendation and report, and WHEREAS~ the~own Board~ p~rsuant to. due no~ce,~held a public hearing thereon On the. 9th: day of:May., 1972, at~8,:00 P.M., at which~'time-alt interested persons were.given an opportUnity to be heard, - NOW, THEREFORE, BE IT RESOLVED, that George Ahlers, Cutchogue, New-York,-:be.~granted-a change:'of zone.,from:YA~L Residential and Agricultural District and "C"~ Industrial District, to !'M~i~' General Multiple.Residence Dis%ri~t on h~s property:~at So~h01d, New Yo~k, mo~e particularly:bounded, andc descr~bed~as follows: ~_ ~- _ BEGINNING at. a point.-on_the, westerly, si.de of Railroad Avenue also known as Youngs%Avenue markin~ hhe intersection of'~the southerly line of. land now or formerly of. Charnews with the westerly line of said Railroad Avenue also known as Youngs Avenue and from said point- of beginning running thence South 8 degrees 35_minutes 30- seconds East.60.~0 feet~; running thence.sti~l alon~-~he westerly side of Railroad Avenue South 13 degrees 53 minutes 40 seconds East 458,5Ofeet to6a-po~nt:.and land now or formerly of.:Maier~.~ running thence along said last mentioned land South 73 degrees 53 minutes 20 seconds West 132.40 feel to a~.point;:running~thence South 13 degrees 23 minutes l0 seconds East 100.04 feet along land now or formerly of Maier and land now or formerly of Averett to a point; running thence along, land now or formerl~ of Averett the f©l~owing courses:and d~s%ances;:: South._7~ degrees_,12 minutes 30 seconds West: 89.03 feet.~o a_point;:-thence::So~th~ 17 degrees 41 minutes 40 seconds 60.18 feet to a point and land now_or formerly of K&elin.; running ~hence along said last:mentioned land South 7~ degrees 22 minutes 20 seconds Wes~-l13~76 feet; running thence alohg ~and now or formerly ~f Lipco'Agway Inc.:.the fol~bwing three (3) courses and distances: (1) South 74 degree~ 04 minutes 40 ~ohds>Wes~ ~13-.27-~ee%~: .(2~: South-,5: degrees ~2. minutes 50 seconds East: ~89.TT:'feet. and (3) Sou~h 17'd~rees:'21 minu.t~s 10?seconds East 94.2T .fee~-to a-point and land~n0w_or formerly, of_Long Island Railroad; ~ening thence along land now or formerly of Long Island RailrOad SOuth 70 degrees 30 minutes 303seco~ds2West 534.1.0 feet to a point and-. land now~'or: fo~merl~ of ~ra.ttan; ~nning-.%hence along Said last..men-tioned land:now, or formerl~ of. Grattsn_North_i7 degrees:'43 minutes 30. seconds~WesL 636~24~fe~t ~o~-a:-po~nt:,and-.land now or formerly of Witkows~i; running~thence.'~along said last mentioned land now or formerly of Witkowski the following two (2) cou~ses.and~disDaDc~S_ .(l) North. 70 degrees. 08,minute.s_30. seconds East 110.80 fee~ ~n~ (2)_~ot~h 12_degrees_.29:_minutes._30 seconds.. West_:537,84 feed to_!and_~ow_.or formerly of~¢harnews.~ running__ thence along said_lasD.mentioned land.now or..formerly..of~Charnews North 70 degrees 05 minutes 00 seconds East 487.72 feet and North 76 degrees 22 minutes 20 seconds Eas~567.!0~feet to_the point or place of BEGINNING. Vote of the Town Board: Ayes: Supervisor_Martocchia, Councilman Rich, Councilman.Homan, Justice, Su~er, Jus2ice Demarest~- Recess. was.called~at. 3:30 P,.M'.,_kO reconvene at 4:30 PiM. Mee~ing_reconvened_a~_4:30.P.M Moved by Councilman_Homart, secon.ded, b~Justice~Su~er,:it was .... RESOLVED that General bills in the amount of $13,391.22, Fishers Island Ferry_.DistricZ_bills.in.~he amount_.of..$23,699_,105. Highway bills in the amount~.of $9~490.89, and Special District bills in the amount of. $4~760.56 be..and the.same.are hereby ordered paid. Vote of the.~own~Board.:,~ Ayes.: ..Sup.er~isor.Martocchia,_Councilman Rich, Councilman Homan, Justice Suter, Justide Demarest. Moved by Councilman, Homan~.~seconded.~by Councilman Rich, .it RESOLVED, that public hearings will be held~by. ~he Southold TOW~_ Board at the. Supe~visor_!s Office.,_16~SouZh..Street~ ~reenpor~,. New York, on the 12th. day of_September, 1972, in~e~matter of the following applications: 1. 7:30 P.~., upon application of Russe!!_.A!i~D S~sen for~_~ permit under the provisions of..the_.~e~lands Ordinance..of the_Town of S~thOld for_ the purpose.~of_constructing_a wood. walkway to.~he waters edge across meadow, on._Reserve~APlot A, Section_2, M.. S. Hand_Map 1280, on Eugene Creek~ S~illwater Avenue, CutchQgue New York. 2. .7:45. R.M,, upon_application, of. John~Lusk_for~a.permit ~ndgr the provisions_of Lhe Wetlands Ordinance of the Town of Southold.for the purpose of constructing a bulkhead and filling land shown as wetlands on James Creek, Riley Avenue, Mattituck, New York. 3. 8:00 P.M., up.on, applicaZionzof, Arthur W- Sauer_for a permit under the provisions of the Wetlands Ordinance of the To?n of Southold for the purpose of constructing a bulkhead and filling .land shown-.as, wetlands on James Creek, Riley Avenue, Matti~uck, New ~ork vote of the, Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justiee_Suter,. Justice Demare~ A recess was called at 5:30 P_.M~, .to reconvene~at_.3:20 P.M. Meeting recon~ened at.7.:20 P.M.~ On mo~ion_of Councitman.~Rich.,-.Seconded by Justice Suter WHEREAS, Leander Glover., Jr heretofore apptied_.to this Board for a. permit to~exca~ate.~and.,_gravel., stone and other materials from premises located on the. nor.th side of Middle Road at Cutchogue,. New. Y.ork~ and WHEREAS, this Board by resolution duly adopted on the 26th day of October., 1971, authorizing the. Town. Clerk to issue a permit to the said Leander Glover Jr. subject to the terms_.and~co~ditions set forth zn said resolution and ...... _,WHEREAS, mn.eof the conditions.~o.~he, issuance of said_permit was that the applicant enclose the_premises with a wire fence six.:(6) feet. in height with four (4)_ s~rand.s of barbed ~ir~ at the top_ thereof, and WHEREAS, the applicant has reques~.~ ~his Boar~ to waiue the requirement of the pl_aucing of fo~ ~trands of barbed wir.e at the top of said fence for the reason that the same is not required, for the protection of the public forreason of the location of said premises, and WHEREAS, this Board has given due consideration to said requested waiver and is of the opinion that due to the location of the said premises the required barbed wire strands along the top of said fence are not required for the public safety, NOW, THEREFOP~E, BE IT RESOLVED, that the aforesaid resolution of this Board adopted the 26th day of October, 1971, be hereby amended by deleting therefrom any reference to the placing of four (4) strands of barbed wire at the top of the fence on the premises of said Leander Glover, Jr., and IT~IS FURTHER RESOLVED, that the Town C~rk be and he hereby is authorized and directed to issue a permit to the said Leander Glover, Jr., subject to the terms and conditions of the aforesaid resolution adopted by this Board on the 26th day of October, 1971, except that applicant is not required to install four (4) strands of barbed wire at the top of said fende. Vote of the Town Board: ~es: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Meeting adjourned at 7:30 P.M. q Albert W. Richmond Town Clerk