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HomeMy WebLinkAboutTB-05/24/1966MEETING OF MAY 24, 1966. The SouthOld Town Board met-at-the office of the supervisor, Lester M. Albertson, Greenport, New York, on May 24, 1966 with t~e ~olfowing present: Supervisor Albertson; Coun'cllme~ Demarest'and vale~ine; Ju~s%-i~es Tuthill and cla~; Supt~ of Highways De~n; TO~n Attorne~ Tasker-and~ Town, Clerk Richmond. Moved'bY-Justice Clark; seconded by Councilm~_n Demarest; RESOLVED= That the minutes ~of the regular meeting 'of May 10th and the Special meeting of May 13, 1966 be and they are hereby approved. Vote of TOWn"Board: Ayes-Supervisor Albertson: "Councilmen Demarest and~V~len~ine; 'JUstices Tuthiil and Clark. Moved b_y ~JUstice · Clark ;~'-seconded by Councilman valentine; RESULVED: That the next meeting of the TOWn Board will be-~eld at ~he office of the Supervisor, Lest-er'M. Albertson, 16 South'Street~ Greenport, New York, on Tuesday, June 7, 1966 at 3:00 P.M.- Vote of TOWn Board: Ayes-S~pervisor Albertson; COUncilmen-Demarest and Valentine; Justices Tuthill and Clark. Moved by Justice Tuthill; seconded by Councilman Demarest; WHEREAS, Isadore Krupski has applied to the Town BOard for a single trailer renewal permit dated May~20, 1966, NOW; THEREFORE, BE IT RESOL~FED: 'That-the application--of Isadore Krupski to locate a singel trailer on 'his property at PecOnic, N;'Y. be and he~Y~is'gra~ted'for a six (6) month period. Vote of~'Town Board: Ayes-Supervisor Albertson;' Councilmen Demarest and Valenti~.~ ~ustices ~uthill and Clakk~ MoVed' by ~Justice Clark; ~seconded by Justice Tut~ill; WHEREAS, Minnie Wilson applied to the Town Board for a single trailer renewal May 5,' 1966, NOW, ~BE?'I~ RESOLVED~: That the application of Minnie Wilson to irer~ on the property of Claude Wilson, Middle -'N~Y~~ ~ 'and t~reby is 'granted for. ~period of six (6) '- - -~ Vote of T~~BOard' /~ye~Q~6~ervisor Albertson; coUncilmen Demarest and Vai-~t~ine; Justices-TUthill and Clark. Moved by J~ustice Tuthill; seconded by COUncilm~ DemareSt; WHEREAs,. ~Franklin R~' S~nders has applied-to the-Town Board for a single~{raiter renewal permit-dated May 24; 1966, ~N~W; THEREFORE, BE' IT-RESOLVED: That the' application of Franklin R. · 'sa~nders to 'locate a single, tr.ailer on the' property of Sophie T. :Sai~dersi Main ROad, Laurel, N.Y. be and th-e' same is granted for a ~ (6) months. ' voteof Ayes-supervisor Albertson; ~ouncilmen Demarest and Justices Tuthill and Clark. MOVed by'JuStice Tuthill; seconded by'-JUstice Clark; WHEREAS, Joh~ J. Klein, Sr. 'has' applied to the Town Board for a sisgle trai~er ren~al permit dated May 24, 1966~' NOW, BE IT RESOLVED: That the application of John J. Klein, Sr-., ~o trailer on-his property; Main Road, Mattituck, N.Y. ,be and ihereby'is-grant'ed for a ,six ('6) month period. vote ~f Tow~/-i Board: ~ Ayes-Supervisor Albertson; ~ountilmen Demarest and Valentine'; Justices Tuthill and clark~ Moved by Jus~ce clark; seconded by Councilman Valentine; w~REAs; -ThOmaS LaColla applied' to-the Town Board for a single trailer renewai~pek~t~-~ dated May 1~,' 1966, -' - NOW, THeReFORE, BE IT RESO~i.VRD': That the application of Thomas LaColla to locate, a single trailer on pDoperty of Joseph A. LaColla Sr., Arsh- amomaqU~, N.IY~ be-and hereby is granted for a six (6) month period. vote of Town~ Board: Ayes-Supervisor Albertson; ~ouncilmen Demarest and vaienti~;' J~stices Tuthill-and Clark. Moved by Councilman Valentine; seconded by Justice Tuthill: WHEp~EAS, R, P. McTeague has applied to the TOW~' Board for a, si~.g_!e _U trailer 'permit 'dated May 17', 1966, ' ' NOW, THEREFORE, BE IT RESOLVED: That the aPPlication O~'R. to locate ~a single' trailer on"Wickham dead', ~attituck~'~-N:Y.' be bna the same is hereby denied. Vote of TOwn Board: AyesrSupervisor Albertson; Councilmen Demarest ~ and Valentine; Ju'Stices TUthili and Clark. Moved by Councilman Demarest; seconded_b~ ~ustice Tuthili: .... WHEREAS, George"DJ Damien h~s _app~ie~ '{~ the TOWn 'BOard f~_r ahsingle trailer permit dated May 24, ~'1966, N~W, T~EREFORE, BE IT RESOLVED: That the application of George D. Damien to l~cate a 'single trailer °n Main, 5th and Jack,on S~., -New Suffolk., N.Y. be' and the same is~ hereby 'denied. vote 6f Town BOard: Ayes- upervisor Albertson; councilmen De, merest ~nd Valentine; .Justices~ T~thill' and Ci'a~k. Moved by Justice Tuthill; seconded by c~uncilman 'Demarest; WHEREAS, the Town Board ~n its own motion proposed a change of the Building Zone' ~rdinance ~f the Town of South01d, 'Suffolk _County, New 'York, and . WHEREAS, the said petition 'was .refer~ed to the Planning Boa~'d. f~ its official recommendation, and ~ep°rt, and WHEREAS, the Tewn Board pure,entire due notice thereof,- held' a hear- ing on May 13 1966 at Which time all interested persons were given an opportunity to be heard, . _ ..~ .. NOW, THEREFORE, BE IT RESO~VED; That the Building Zone ordinance of the Town of Southold, Suffolk County, NeW York, be amended as .follows: 1. By amending ARTICLE IV B of said ~dinance by adding. ~ new section thereto to.be Section 442, ~o rea~ as follows: ..... . '. SECTION 4~2 -. Notwithstanding any .other 'pr0~is~10nS~ ~ ~. .... of this Article',-a building or a c0mb~nation of buJ ...... ings 'containi,~g retail stores, ments, offices, banks and f~.nancial institution,~ 6ommonly kn°wn. aS sh0ppin~ centers,, may be :~ected or .. altered Ln t~e '"B-2" Business District~ subject, to the following requirements: 1. The. lot shall be not le~ ~han on& .(1) ?cre. '2. At ieas~' twenty-fi~e (25) ~er 6ent.~'f _~he~. ~10t ~rea s~all be landscaped wi~h grass 's. '~ 3. The required front ~ards shall ~e no~ twenty-five (25) feet eXcept that whe=e-t.h~i-P~?perty ...... in the~ vicinity ~s~pa~lY' bu~t up.with permane~nt buildings and an average ~setback line ~has hee~' .... established. No buildings shall proj~ect beyond the line of the-average setback so established. 4. ........... The .~equired side yards shall be.. .net less .than. twenty~five (25) feet. 5. The required rear y~rd ~hali b& not twenty-~ive (~5) feet. 6. Parking shall be provided in of~fstree~ par~ing areas which' ~h&l'i pr'°V~de for one ~!) parking <space, three hundred thirty-foU~C~. (334). square feet in area, for each..one hun~.~d.: square fee~ of Sales 'floor area or office floor area in-each building. .boundaries of t~e premises. · ,~ · ~i, By' amending ARTICLE VII, Section 703 "el said O~dinan, ce3 to read as follows: SECTI°N ~03 - NO building shall be erected or added to a permit therefor has been issued by the Building ..III. By. amending ARTICLE X ~f. said. Ordinance by adding thereto a new section to be Section 1008, to re~d as follows: -SECTION 1008 - Notwlthstanding~any other provisions of~this~Ordinance, no multiple dwelling shall be ~.~ ~ -' ~ected,. altered or used.which does not provide a lot.ar~ea of.at least, twelve thousand five hundred (12,500) square feet 'for each family or dwelling ~nit. Voteof TOWnBOard: Ayes-SupervisorAlbertson; Councilme~ Demarest and~alentine;: Justices Tuthill and Clark. Moved hy:.co~ncilman Valentine; seconded by Justice Clark; RESOLVED:.~_:That .'t/%e TOWn Clerk be and he hereby is dire6ted to request -~e .Long. Ista~nd-.Lighting .Company to install the following overhead s%_r~ eet lights: One.;(1)_'~ 4.00. ~V street light on .LILCO pole %205, Route 25 in front of the East Cutchogue School in the Cutchogue Light DiStrict. One (1)~.'~75~ M~ street light on NFTCO pole %39J, Boisseau Avenue, SOUthold, N.Y. across from VFH~ Hall, in the Southold Light District. O~el (1)~.108 cp street light-on LILCO pole %3, Harbor Lane, Eas~t ' CutCh~gue, in~ the Cutchog~e Light District. ~ote~ of Town Board:, Ayes-Supervieor Albertson; Councilmen Demarest ~and. Valentine'; Justices ,Tuthill and Clark. Moved by Councilman Valentine; seconded by Councilman Demarest; WHEREAS, Greenpor. t Fire Department, Greenport, N.Y..applied to, the Town Cterk for~ a¥!~Bi~go LicenSe, and WHEREAS, the Town.Board has~ examined_ the application and after invest- igat~on duly made findings and determinations as required by law, N(TWj~THEREFORE, BE IT RESOLVED: That the supervisor be and he hereby is~ authorized .and directed to execute on behalf of the Town Board the findings and determinations as required by law, and it. is further RES~LUED: That the ~Town Clerk be and-he hereby is directed to issue a~h%ngo _Licens.e to/the Greenport Fire Department, 'Greenport, N.y. vote. of Town BOard= Ayes-Supervisor .Albertson: Councilmen Dem~arest ag~d Valentine; Justices. ~Tuthill. and Clark~. .~Mo.ved by Councilman Valentine; seconded by Councilman Demarest; ~W.HEREAS,~.this Town Board deems it in the best i~terest of the Town of $0~uthold, Suffolk~COU~ty, New York, that an Ordin~_nce entitled "AN .:ORDiNaNCE RE~TING ~THE TAKING. AND T~E MANNER OF TAKING SHELLFISH XN~THE TOWN.OF ~OUTHOLD~ be adopted,NOW, THEREFORE,.. BE IT RESOLVED: That/a public ~hearing ~will .be held by the Town Board .of the Town of Southold ~t.the :Supervisor's Office, ~16 South Street, Greenport, ~.Y., on the 23rd day of J~ne, 1966 at 7:30 P.M. ~n the:matter of the enactment ~ of the _following Ordinance, to wit: SECTION I.. Title. , This~Ordinance shall be known as the "Shellfish ~dinance of the Town of Southold". SECTION II. Definitions, ~ (a) .The term "town waters" shall he,deemed to mean all-wa~ers and lands under tidewater in ~my harbor~b.~y or creek, title to which and the ~lght of fishing in which is vested in the Town of South old and/o= in the Board of Trustees ~of~ the Town of Southold. (b) ~e term "permanent resident" shall mean a person who has, dur- ing the period of not less than sixty (60) days i~m~ ediately pr'eceding .~e. date of his application for a licens, e hereu/~der, or the date of taking ~she~llfish if no permi~ is required, maintained a ~permane~t dwelling within the TOWn of Southold. (c) The term "guest" shall mean a person who occupies liV. ing quarters in .a~dwelling .maintained.by.a permanent resident% (d) The ~term ."temporary reside~nt" shall mean~ a person who-has, during ~h_e_~eriod of_i~not 19ss than seven (7) days immediately preceding the date of his application for a lic'ense hereunder:~ 0ccupi~'d' living quarters within the Town of Southold. (e) The term "shellfish" shall mean clams, escallops, and oysters. (f) The term "commercial purposes" shall mean any use or purpose other than for food consumption by the persons taking ~hellfish or by members of' such person~ s ~household. - ~ SECTI~q. ~'I~..~ Taking of Shellfish~. ~ · (a) _.Shellfish. may be .taken from tOwn~ waters~for commercial purposes by a permanent resident, ;over the a'ge of sixteen (-1~) years~ upon first obtaining a ~commerCial shellfish permit therefore-from the Tow~u,~Cterk the Town of' ~outhold. -~- ~ (b) ' Shellfish may be taken from -town waters' by '-a temporary 'reS=--- ident upon first obtaining &-temporary resident ~shell fi=sh permit therefor from the Town clerk of the Town of Southold. (c) Shellfish may~be 'taken from town waters for noncomme~$ial pur- poses by a permanent resident without obtaining'a permit, ther,~for (d). Shellfish. may b~ taken from town waters for noncommer,~ial pur- poses without obtaining a permit therefor by a guest when ~accompan£ed by a ~ermanent resident in-whose dwelling such-guest. Occupies l~.ing- quarter s ~ (e) N6 person not a permanent resident, a tempgDary resident or a guest accompanied, by a permanent resident~ shall take Shellf'ish_in any manner at any time from town wa~ers. '-., ' ~. - ~, ........ SECTIO~{ IV. Escallops. (a) EscallOpS~ may not be taken from-town waters 'during, from April 1 to the 3rd Sunday-' in . September, in-each year;~ both~dates inclusive. (b)' ~abject-.to-the provisions-~of-,'this ~section, .during.,the ~.per~d from the 3rd Monday in september.' to October ~9, -in 'each year%+,-both dates inclusive, not more than two (2) pecks of escallops may be taken from town waters in any one day by hand' or with-'a 'scalp'net..-' (c) Subject to the ,provisions ~of 'this -section, during :th~ ~perio~ from October 10 to March 31, both dates 'inclusive, escallops 'ma~ be,~, ~i taken from t~wm waters ~ith a dredge or scrape, having',an opeming at ,. the mouth of ~ot more than 36 inches~in width~when towed by~'a boat .... operated by mechanical power or ~ other means, provided that such?dr,edge or scrape is- brought ~board the boat by hand power without the?Uae~ of~ a. mechanical/device. ' ..... --. ~ (d) Subject' .to the provisions of this section, a~permanent~res- ldent, ~temporary resident or a guest whe~ .a=companied by. a permanent residents-, may ta~ from town-.waters not ~more-than two (2) pecks~,~ofJ~' escallops in any one day fo= other than.cDa~ercial~_pur~poses. (e) Subject to the provisions of this section, not more than ten (10) bushels of escallops may be taken from town waters for commeruial purposes in any one-day by any one.person. Two .or more personz~.~ccupY$ ing the Same boat may.,take&~-in ~he. aggregate, not more ~than~-twenty (20) bushels of escallops in one day for CO~m~ercial purposes. The presence' of more than .,twent~ (2~) ~' bushels of escallops on a~y ,bOat',in' toWn,~Waters shal'l, be deemed preSmmptive evidence,-of a, v~ation of thaiS., s,~ub~ivision. ,~ {f) Escallops' shall not be taken from ~town ~wa,ters during the. period from s~n~set~-to sunrise, ~ '- (g) Escallops shall not' be taken from town-waters on'-.Su~days'~'except by hand or with a scalp net. (h) Only escallops having an annual growth line or-measur,i~.g]~Ore than 2% inches from t,~0~ddle of-the hinge to the middle of,-the bill may be taken from the/waters. · ' SECTION V, Clams. - ...... _. _- . (a)-:~-ctsm~ less than one inch' in ~hiCkness shall-': nOt::~be ~taken from' the/waters.- (b) SOft or steamer clams less than two inches in the ,' longe st diameter shall not be taken~ from town war-ers. ,~' (,c) Churning-by power may-be emp-loyed-in the taking .of soft tclams o~-lands- below l=w-tide line in tow~-water, s. - (d) A permanent r'e.sident, a t-'empora~y resident or a- guest z~accomp- anied by a permanent resident may take' n~t. more than. two. '(2) pecks of clams from town waters in one ~day for noncommercial p~rposes.--'- SECTION .~-~ - (~sters. - ' ' ' ' -- (a) Oysters shatl' not -be. 'taken, -from .'town' waters.-during :the period from May-1 to August 31,- in each year, both-dates inclusive. (b)'.-oysters-shall not-be ~taken, from town Waters during the~--peri~ from sunset'to sunrise:- lc) Only oysters measuring more than 3 in~hes'from~the hinge tO' the bill may be taken from town w~ters. (d) A permanent resid~n~, a temporary resident Or a guest when  ccgmpanied by a permanent resident may t~ke n~t m0~e than~two '(-2) ec~s of 0Yste'rs from t0~ waters i~ amy one day for o~her than comm- ercia~l p~Poses. -~ ' (e) Not more than fige (5) bushels of oysters may be 'taken from ~town waters for co-~ercial' pUrposes in one day' by any~one person. T~o or more persons OccUPYing the Same boat may take, iff theaggregate,' not more than t~n ('10) bushels of oysters in one day for Commercial p~rposes. The presence of more than ten (10) bushels 'of oysters on. an~ boat· -in town waters sh~ll be' deemed presumptive evidence of a violation of this i~ (a) The fee for a commercial shellfish permit shall be $5.00~ Such permit shall expire on December 31 of the year .of issue. (b) The fee for a temporary resident shellfish permit shall be ' $5:~00. S~Ch permit ~hall' be issued only 'fOr' the period 'Of time that such temporary resident occupies living q~arte~s 'within the Town Of Southold. ..... ](_~) ~e holder of ~ shell'fish permit 'shall carry'the permit' ~s~.~e~ tO him'oh his pers6n while.. engaged in the permitted activities, and"'the failure of such holder to em/aibit his permit to an enforcement officer shall be presumptive evidence that no valid permit has" been SECTION VIII. Culling Shellfish and Restoration ~ of Underwater Lands. (a) Shellfish shall be culled when taken. Ail shellEish taken which do not comply with. the provisions of this ordinance shall be immediately returned alive to the water. (b) Ail lands under t'own waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of ~, such shellfish by the person taking such shellfish. SECTION IX. Restricted A~eas. Shellfish shall not be taken from any town waters which ha~e been restricted by the Town Board of Trustees provided such restricted areas shall have been properly designated by resolution duly passed by said Board of Trustees, and properly staked, and not~ces posted by said Board of Trustees. SECTION X. Transplanting Shellfish. Notwithstanding any other provision of this ordinance, the Town Board of Trustees may authorize the transplanting of shellfish in town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators or other causes. SECTION XI. Penalties. (a) Any person convicted of a violation of any provision of this ordinance shall be deemed to have committed an offense against such ordinance, and also shall be liable for any such violation or penalty therefor. (b) For every violation of any provisionsof this ordinance, the person violating the same shall be subject to a fine of not more than One Hundred Dollars ($10~.80) or imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment. (c) A second convictio~ for a violation of any of the provisions of this ordinance within a period of one year shall constitute and effect _ an ~-~,ediate forfeiture of a permit issued to such person. No new pea-mit shall be issued to such person for at least one year after such for- fe itur e. (d) Any person violating this ordinance shall be subject to a civil penalty enforceable and collectible by the Town for each such offense Such penalty shall be collectible by and in the name of the Town. (e) In addition to the above provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a Court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, this ordinance. SECTION XII. Repeal.. Ail ordinances or regulations heretofore-adopted 'ih .conflict with this ordinance are hereby repealed. ' SECTION, XIII. Saving cIaU~e ~ ...... If a~y ~lause, sentence, par{ ordinance shall be adjudged by any be invalid, such judgment shall not affect, impair or ihvalidate remainder-thereof,' but shall b~ confi~ed in'it~ operation to'the clause, sentence, paragraph', section or part thereof directIY' involved ~i~ ~the c~nt~oVersy in which"s~ch judgment shall have been renderedl SECTION XIV. ' Effective Date. ~ni's ordin~nce shall ta~e 'effect immediately. Vote of Town Board: Ayes-SuPervisor Albertson; Councilmen Demarest Valentine; Justices Tuthill and Clark. ~ ..... Moved by J~stiC~ cla~k; -seconded' by-'Councilm~an .Demarest;'. WHEREAS, this Board'~e~ms it in the best interest Off,he Town. of Suffolk county, New York, that' the. New York B~ilding code by the Town of South~ld~ N~N, THEREF6~E, BE IT RESOLVED: That a~ informal hearing be held-On June 16~' 1966 at 7:38-P.M. at the sUPergisor's'Office, 16 SoUth Street, 'Greenport, NeW ¥o~k,. On' the propOSal for the adoption, of the NeW~k state B~ilding- Code'. Vote Of Town Board: Ayes-Supervisor Albertson; CoUncilmen DemareSt and valentine; Justices Tuthill and clark. id, Adjournment. Albert W, Richmond Town clerk .........