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TB-02/16/1965
The SoutholdToWn Board met at the office of Supervisor Lester M. Alberts0n at Greenport, New. York,~onTuesday, 16, 1965. The mee~g,,,fwas called to order at 3:00 P.M. with the owing present: ~dpervisor Albertson; Councilmen Demarest and valentine; Justices Tuthill and clark; 'Town Attorney Tasker; Superintendent of Highways Price and Town Clerk Richmond, Moved by Justice clark; seconded by Councilman Demarest; RESOLVED:~ That ~he minutes of February,5, 1965. Se and_ hereby are dulY~,approved. ' Vg~9?,of,.T~wn Board: Aye~TSupervisor Albertson; and Valentine~ Jgstices Tuthill and clark~ Moved by Councilman Valentine; Seconded by CounCilm~n Demare~t; RESOL~ED~:.~That the regular meeting Of the Town Board Will be-'hel~ at the, off~=e 0fthe Supervisor, Lester M. AlbertsOn, 16 South Greenport, New York, on T~es~ay, Mar~h 9, 1965 at 3:00 P.M. Vote of Town Board: AyesLSUpek~isO= Albertson;-Councilmen Demarest' and Valer~ine; Justices Tuthill and Clark, At 3:00-P.M. in accordance with a notice published according to law, bids wereopened t furnish the Town of Southold overhead signal lights at Mattituck, N.Y. o~ the new C0untry-Road Route' 27', The following bids were ~eceived: ' - Long Island signal corp. $1875.00 Littlefield Alger Signal Co. 2696.00 Moved by TUt~lll; seconded by Councilman Valentine; bids for signal lights be held by the Town Board Vote o~ Towm Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; ~ustices Tuthill and Clark. At 3:~0 P.M. in accordance with notices pmblished according to law, bids wer'e~pe~ed for proposals for furnishing the To~n of Southold one (1)~n_ew 1965 seven-passenger-Travel Van or equal, for the use by the Assessors. The following bids were submitted: Gr~enport Auto sales~ _ $2300.00 ~ Southold Dodge ........... 2874.00 2650.00 Trya~Truc~ing Equipment Co., 2998.00 Moved by .Justice Clark;' Seconded by Justice'T~thill: RESOLVED~ That the bids for the Assessor's Car be turned over to Attorney Tasker for his study. vote of ~own Board: Ayes-Supervisor Alberts°n; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Justice Tuthill; seconded by Councilman Valentine; RESOLVED: That the Supt. of Highways of the TOWn of 'So~thold be authorized.to advertise for bids and to purchase from the io~est res~onsibl~ bidder, the f llowing tires and tubes ~r equal: 20 - 10.00 x 2~ 12-ply Tires a-~ Tubes 4 - 7.5~ x 20 2 - 6.70 x 15 2 - 7.10 x 15 , 2 - 6.50 x 16' 8-ply Ti~es and Tubes 4-ply Tires and Tubes 4-ply Tires ahd' ~-ply Tires and Tubes Vote .of To~n Board: AyesLSupervisor Albertson; Coun~lmen Demarest - and Valentine; Justices ~uthill and Clark. ~ ~ Mo=e~b~.,COUnCitman valentine; sec0nde~ by Councilma~ Demarest; RESOLVED: That Supervisor Lester M. Albert~be©an~u~ab~e~sra~thor- ized to purchase one (1) Bay Station Radio. ~- Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices TuthiI1 and Clark. Moved by-. Justice' Tuthill ~ seconded by RESOLVED.~ ~ That ~S~Pervisor Lester 1~.'~ J orized-to advertise for bids to p~rchase Vote' of TOWn BOard=' Ayes-S~pervisor Albert'son~ Councilmen '~ .... ~ ' Demare~st and Valentine~ Justices Tuthill and Clark. ~ ~ Moved by JusticeClark~ seconded by Justice T~t~i~(~ W~w.u~AS, Martin D. Schluensen, -by petition verifie~ the 7'th'', day of December, 1964, petitioned the ToW~ Board for a ch~nge- cer~tain 'real ~r'°Perty des~l~e~' in said~' Petition f~om~ ~A'~'~ Reside~tle al and Agriculural' District t0 "B" 'Bus~ne'ss Dis~i~t'~ and WHEREAS, the said petition was referred to th~,-Pla~ing BOard for its of~fici&l reCommendation and report~' and ~ ':' ~' ~ ~ W~i~r~as, the Town"Boar~'~pur'suant to hearing thereon oh"the 28th~day 0fs'J~aa~y~'~' ~rdinance including the Buik~ing Z~0ne Maps, be amended idential and Agriculur~l District to "B" Bushiness Distric~ on the, following described property: ' ~' " ALL that c~rt&in tract Or parcel~ 'of-la~d ~s~l=ua~e~! Smffolk"Co~nty,~ NeW'York,-a~d particularly bounded and described as" follOWer'S-- BEGINNING at a point on the~,northwesterly~t~e~ of the Main Road. about 1., ~80 feet said northwesterly ·line ~from Adk~.~y -- ~of beginn:i~g be:~g the.- soulful2 'e~ner~ :of: Cemetery~ from said point of ~gi~ing r~ming?a:l~nu .... said nOrthwes=erly l~e 'of'the ~aim Road, S. W.2~7.46 feet to~ ~on pipe ~d l~d of Goldsmi~; thence along said land of Goldsmith N. 46°24'1~" W.- 82.0 feet to'am ~om pipe;:~ence a~ong said' Gold~mi~' and al'ong ~ of Walrus N. 42°~7'~ E.-i51.36 feet' to ~-iron-pipe~ ~ence along said 'l.an~ ef Walters N. 4-4°37'20"-:W;-148~96 fe~ to ~ ~on pipe' on the southeasterlY line ~f L~er Road~' thence along said' s~Ou~eaSt~ly line of L~er Roa~, N. 32°10'2~" E. 5~.0 feet to said Will~ HAll Cemetery~ ~ence along said Will~ Hill Cemetery S. 46°~2~3~"-'E.-228~28 feet to the point of beginning. Containing G.545. acre. BE IT F~T~R ~SOLVED: ~a~'~e T~n Clerk ~ and. he ~h~eby-. is au~oriZ~ amd d~ected ~o Caruso notice of 'said ~en~nt robe posted and p$1i~ed p~suamt to law. - vote of ~T~'Bo~d: Ayes-Su~rvisor ~A1ber~son~ Co~cilmen Densest an~ valentine~ Ju~lces ~1'1 and clark. - Moved by Councilman Valentine; seconded by Councilman Demare~t; WHEREAS, the:'Town'Board of the Town of Southold held' a..public .Hearing at the' Supervisor-' s Office,. 16 South street, Greenp°rt, on the 27th day-'of'August, 1964"at 7:'30 'P~M. on'the question'~of"th~ enactment of an Ordinance entitled "The Excavation" Ordinance of the T~w~ of SOuthold" at which time"all interested persons Were given an opportunity to be heard~ and-~ _ WHEREAS, the Town Board of the Town of ~outhold deems it in the publi~ interest that said prOPosed Ordinance should be enacted,' NOW, THEREFORE~ BE IT RESOLVED AND ORDAINED, ,That the Town '-Board ~f~ the Town of Southold enact~ the following ~Ordinance, to:Wit~ (Copy of Ordinance on following page 49) Vote of-Town Board:- Ayes~s=pervisor Albertson; Councilmen;DemareSt and Valentine; Justices Tuth~ll and Clark~ ak l~st ~0 ~l~et f~om-any road, greet, &venue ar ~h~F ~ ~ ~t mt~ ~ ~ of o~ ~ ~ at ~ ~ON .VI. Ap~Uon f~ ~t. f~ ~ o~er ~ ~ ~. ~P~ ~ ~ IV of ~b ~ ~t ~f~ f~m ~ ~ ~~wn~kof ~ ~ ~ an ~ ~ d~t~ ~ s~t ~ ~ ~. ~, a.~ of ~ ~ ~ f~ · ~ or f~ ~ ~ ~ ~or~~ ~ad~~ ~ ~ of ~e ~ ~ N~ ~Y~ ~ ~at ~ ~ mo~, if ~. ~ ~ (d) ~ ~ b~ ~ a ~t~ ~p~ ~f or ~ ~t~r ~ b~ ~e R~lv~ of ~ ~ ~e ~ a~aot or ~ ~ au~or; . moral of topsoil pn I~, emises, owned me~te age. st the property described in Or le~ed by ~ water ;district,.:DubllG the appl~ion have bee~ paid; · fmprove~mt- distviot, ~ manleipal o~ (e) .~The ~mes and addresses of all ethe~ public or governmental subdivi, property eNacTs, of record within two ~ Sioh auth0'rity* pr department . ~ "htlfidred (200) feet of the ot~de :~ '?(b) f~Eae~vatlo~' o~ re'loyal, o~.'sand, bo/lfl/lgrte~- o~ . the premiies with~ ~;//ravel, stone or other m~nerals incident w~lch operations regulated b~ this ..t~'hlgh. way, sidewalk erldriveway con- dinaace are pr0poscd to be performed. "at~ucflol} on the same llremiscs; ' (The 'following items (f) and (c) Exc/ivation or removal of sand, ~" be ~pplled quless waived by '~,ra~,l, §~tone or other minerals incident Town Board under Section X of ~his 'Ix) the c~mstruotion of a storm water ordinance), i..b.a~.~, ffe~. harge basin er dminnge sump on tl~e same ~remtses provided that topsoil shall not be removed from f~he ;~.ren~,'se~ and provided .further that ;~ commencement bf any such ~l~ration a fence er suitable barrier ~ be. erected uround the area of i~Xcavatlc~ in accordance with pla~s ~_~U~I. spoeifleatlons approved bl, the ~ ~ as adequate to saSe~aed ~he public in the Particular .circum- ear~ ~ one Imrt t~ ~nother of the (e~ Removal Of excess tol~C~l'or ~ e~kam the area of a subdi- ~rledictien of the T.owp~ ~ ~ When authored by a ~eciul ~er f~ writ~; issued by authority ~ the Town ~rd: ~ W~, ~ts and Renewals (D l~movgl of ta~ecil er other earth, Thereof. incident to the buslnecs':o~ opor~ Pernflte may be issued or renewed ~rI' ntlrsery, b~ the Town Clerk at the direction of ON V, Permit-ston~arde the Town Board upon compliance by The Town Board may by reeolut~n the applisant vdth this Ordinance. Per- ~n a specific c~ce, after ~ublic not~ce mite may be issued for a period not a~d he~g and subject to &ppropr~ate egcem~tn_e one year and may be re- e~e~dttlons m~d safeguards to be pre- hewed for successive periods of one with ~ o~lnanoe, and tn ~ with sc~flbed herein have been complied with ~Je 8utdes and standards.herein, lasue of the valMlt~ mid existence of 8126' ~ up~m furnlshtn~ ~h~ ~(~tion ~ ~ for the uee of hind for the pe~mt Sr~ted Or rehewod hereunder, re~ub~d bY Sect~un vlmmfar ee ap- ~laan and. b terrain am reasentb~ t I~ rebe, blHtatod in -----.'mm~'~a~ee with a I (f) A prepared comprehensive plan for the r~h~bUltatinn of the prem/ces together with a schedule of progress therefor. The propoced plan of lmbilitation shall asr forth the ulthnata c~tour and grade of the area u~ ~,mpletion thereof and ~ das~he ~he~_edaroos m be re. freed, ~o._~!~Jed ed. and shell specify-~j~e amount before'December ~tet of th~ year f~ ~, .ldy~h_ a ~t ~ renewa~ of a ~.~,,~t mnove~ f~.the to .~uch plan dm~tog the pern~t ~ or. renewal th~e~ .... Au a~pUeatiun ~ a poV~t ~r~ s~ ~nifl_~ need.not include the informs. t/on gequlred by subdivis~ (a),: (b), (d)., (f) and (,) above. Such aPl2M- aim. shitll set f~ a d~t~S~d state~nent ~. ~ prolog, ed sod farm~ :~era~on, a plan of the area to be used for that purpose showin~ its condlt2on, and the ma~rial and. formation requh~d by sal~divisinns ~) and (e) above. SECTION VII, Re~ations. · C0~PllM~e with the f0Uowin~ reffU- latione shall be ~ centinuins condtt_L~ specified by.the Town-Board as nceea- sary far the protect~n of the public conslderte$ the particular c~rcum- stence~ ~f ~he tervain and location, ~ul~tantially erected and with no open- tag except neoessary ga~s for in~resc and ~ ~hn11 be erected to prevent pubUc aee~s to the top of any plte Or ~eeply 8raded slopes. ~{c) 3~ak and pit, excarationa shall not extend her ~hnl! Wp~dl be stripped (I~0 ft.) feet, of an~ property line and two hundred (~00 ft.) feet from the fl-oat line of an~ at,eot, road, ~mue or highway except when incident to the construction of a cellar, except th~ in c~e of a ban~ excavation the same may begin at a street Or road .~__ '1'he le~n beak excavation refers to an ca~tion which ~s not carried bciow tis~d in the precedin~ eentenee. (d) All slopes shall be excavated and ~/ntatned during operations at an~es of repose to prevent er~o~ ~f and er~ion or conaspee of upper srade surfaces above such slopes, and final slopes shall not he inclined stec~er than one foot verth~ on on~ foot horizontal. AU slopes shall be pro- tected a~alnst ccllapce or ero~on b~ ditches b~ek of the lip or edge thereof. (e) Dust=down or ~ ,dmfl~t, dust le, yer shall be sinbad on access roads ~md other traveled areas to protect the pablis ~nd the oo~nt~slde agaL,~t w~ndblown s~nd and dust. (1~ Tol~oH sh-l~pod in connection with opora~lans regulated by this or= dinnnce shall not be vemoved fro~ the nnd ,t~,n-be i~asrved for in- connection with rci~blHta~on, l~gsoll my be l~noved after rehab~. soil Is any topsoil in exceas of that re- tochas over any area on which topeetl is (~) ~ set ~-~ds and preasrasd Crt) of this eectio~ ehull be re. read wh~h to,usan Or sand and gr~vel have been eU'lpved or removed exceptin~ ~ which are luld out as streets, P~'~g loIs or areas to be Orcupled by. ImildmBs on a subdivlelon Plat ap- pr~ved by the Town ptinnm~~rd,. (Ii) Upon completion of any opera* lion reguisted by this ordinance the excevation area shall be refilled and gra~ed to such reasonable level as may be ~ecffied in the approved plan of rchsbflltation. 0) All material used as fill shall be from garbage, refuse, offal, corn- ble, or any deleterious or unwhole- ~0~e matter. ~ (J) All areas on which topsoil has ~e~n respread as required hereinabeve ish the materials requh-ed to be fum- ~ byasM appro~ plan of rehab~- itation at or before the times specified in the schedule of progress approved in co-mection therewith, or to do any of the other shings required to be per- formed by this ordinance such bond shall be forfeited upon written notice of such default or failure being mailed by registered marl to the pernflttce at the address stated, in the apl~lcation and upon failure by the ~n'mlttee to cure such default within 'sixty (60) days after the mafltn~ of such notice. The s~ty*day notice of such default or fall* ute of performance may he given at any time after such default or failure ~ performance and no default or fafl* ure of porformauce shall be deemed walved or exeuced by any delay or teflure to m~fl notice thereof or by any subsequent renewal of a permit under this ordinance. (b) Said bond s~n vemain in full force and effect until released or until the er~,qnal amount thereof is reduced by the Town Bcard upon issuance of a ce~flcete of c~mpletion or of par- rial compleUon by the Tow~ Board, certif~ that all provisions of th~s ordinance and conditions of the permit have been fully compl~d with. AppU* cation for such certificate thail be made by the permittce, owner, lessee er his agent to the Town Clerk and shall be accompanied by a map drawn to scale showin~ the a~ected property, gi~ elevation thereof ~t ten (10) feet-hiter~als, prepared by a duly ll* cenced en~neer or land surveyor of the State of New York after the pletion of the operations who shall also certify as t~ the umou~t of top~mll re- maint~ up~m ~round requ~ed to be re~rced w~th top~l by Sectio~ hereof, and that such area h~ been ance and that the other conditions of the approved plan of rchabllitetion have been fulfilled. te) In lieu of s~ch ~ a cash de` p~dt or dep~dt of ne~0tlable securities may be made with the Superv~or of the Town subject to the a~provale, hereinabove in the case of a bond. SECTION X. Power of Wat~er Re* If the Town Bce.rd shall determine upon the request of an ap~cent for a ~mit that no substantial rehab~- tation of the prendece will bceoms necessary as a result of the proposed operations, or on any applisatien por- tem~n~ to an eperation in existence at the ~ of enactment of thl~ ordin- ance, or w~enever the, apulicent shall eat~sfy the Beard that unusual hard* shlp shall exist, the Town Board, in its discretion, may waive any or an of the requirements of this ordinance by resolution of the Beard and the Town Clerk shall then issue the per- mit at the direction of the Town Bcerd. SECTION XI, Fees. Before a permit shall be ~ssued or renewed, the applicant shah pay to the Town Clerk the following fees: made for the preventinn of the accum- ulation of water from any source as a result of such operations. (1) No excavations shall be made which shall cau~ peUution to any Underground water supply by salt water (In) The setback areas sl~ll not be tlSed for the swra~e of any products Or ether materials or equipment. "~ Natural- vegetation is to remain undisturbed within the astb~ck srea, In eases w~ere natural vegetaUon is ~padequate in such area to provide 't~er screening, a s~table pisnt2~g of .,(~) ,_?..~.._~_~.~. uona ~ ~ with '~ . :- . .~~ latinas applk~e ,the~. (p) The issu~ce of~ & permit here- ~t~JGd4r shan no~ coastttute autherlea- 0n~ for washtn~, aeree.~ or other l~%essin~ of excaT~ted materisle leas' expressly authorized by such ~ ha prepaid for~aDd seeded with (a) Sand banh and pit-exca~tlon~ 'g~ unless other vegetation or plant- a fee of $50,00 to be paid with the ~g with vines or other covering is filing of the application for a permit, s~ecified in an approved plan of re- which fee shall be for t~e first year Imbilitation, of the operations of said permit. A fee (k) Adequate provisions shall be of $50.00 is to be lmid in each year for the renewal of such perffflt; and lb) Topsoil removal; a n~nimum fee of SIO.~O for an area exceeding 10.000 sq. it. Such topsoil removal pormft fee shall be for a period of one (I) year and a sinfllar fee shall be paid the renewal of sam pe~n~tc upo~.,tbe~ basis of the charge herein set forth. B~WI'ION X~, Public Hearing. Except as set forth, in Sert~on X, no permit authoring operative regulated by this ordinance shall be ~ssued for the first thne Under this ordinance until after a pubIle heartl~ by the Town ~ hi ~ thereto, at wlflch parties in tnterect and oitleens enowals of pern~te-l~-vionsfy issued under this ordinnnce provided that the area cevered by tl~ ~enewsd dceg not e~end beFond the area of operations previously antherlzed. At lemd; ten (I0) days notice of the time and place of such hearing shah be published in one new~paper designated far oiTlelal town notices and a written notice of any ap- pUcation for s permit shall be mailed by the applisanis to the owners of record, as set forth in the ~pplleatien. of properties within two hundred (~00) feet of the outside beundn,-~ee of the premises within which operations rrgu= lated by this ordlmmce are proposed to S~CTION Xtti, Penultias. For any and ~ violation of the; ~e~erul n~ent, lessee or ter~nt of any ~ of the ~ of which ~ ~ latlon or any part thareof has been erul ngent, enginser, surve~r, con- t~totor er any other pe~on who know- ment r~ ~ six monks, or ~ rood~ to o~har lands und th~ dM- j{h) the rondering of ~ unfit or ia3auitable ~0r t~elr nse~t appropeinte ~e~: c~) the ?N/~m of ~e h~bI. ~p~ ~he~ pubic or Sov~en~ ~avel, s~e or ~er ~er~ i~d~t ~w~, adewa~ or~ a~cfio~ on t~ ~me ~s; (c) ~ti~ or remo~ of ~a~l, ~one the ~tion of a the ~e ~m~s ~o~ ~t ~tl ~ ;~re~ ~d ~o~d~ f~h~ '~lon a fe~ ~ ~tab~ b~ ~ti~ ~ ~r~ce ~th pubm ~ t~ ~1~ ~um= (~ ~,m~ ~ ~ ~ o~e~ ~ ~ ~e (~ ~ of ex~n ~ ~ ~e ~ W~n auld Town ~; (D ~o~ of ~dent ~ n~. ~e TO~ ~d my ~ ~lu~ ~ h~ ~d ~b]~t ~tlo~ ~ ~ ~ ~ ~e- ~ ~ ~ch ~d In e~ ~ ~.~ ~d ~ ~ ~th ~ I~t or I~m~ slier the work pe~d by a duly Ncemed incliner or Cb) ~ ~ id) ~ ~ co~ ~ ~ ~e ~tv~ ef oI ~uth~t o~ by ~e~' or a~ct or ~ ~ aunt: m~ ~ ~e prop~ de~ the app~ion ~ve ~ ~id; pro~ ~s. of h~ (2~) feet w~ o~tio~ ~n~ ~re ~o~d ~ ~ ~rto~ ehnll ~ ~p~l~ q~ ~lV~ by ~e (f) A ~ eom~ ~ ~ r~b~n ~ ~ ~es ~f~. ~e ~on ~ ~t fo~ ~ ~d ~ade of M~ and ~ f~ ~ n~ ~in~ s~ ~. ~ ~o~ ~ f~ :~r~ti~. s p~n f~ ~ ~ s~ its ~o~on, ~ ~e ~1 ~o~on roq~ by ~visio~ and (e) .~ON ~, ~tio~. C~ maintained durin~ operations at saf~) ankles of repose to prevent ero~m thereof and erosion or coliaapee of upper erade surfaces above such slopea, Glad final slopes shall ll0t ~ge lilclilled stee~er than ~e foot vertical on on~ foot hor~ontoL All slopes shall be pro- d~tebes back of the lip or edge thereof. (e) Dust-down er s. ~tmu~,, dust l&yer public a~d the CeUntr~de asalnst (~ Topecti stripped in connecttan dinmtce shall not be ~emeved ~rom the l~rovided, however, that any creese ~l)ecfl In&y be removed after rehmbil- aafl'ls Shy topsufl in eacese of th&t re- quired to allow a oover of ~t ie~st 6 l~ Sod ~,ar, nin~ aiKl~etsed by. permit ~mlUtk~s ami ~ ~eec~bed ~l~er thi~ ormnanoo~ for ~ee in a~danoo with enbeaatlon C-O of thle ~ dud1 be real,read baaa strtl)i)ed or removed exceptln~ anms which are ~ out as streets. purlflnf lots or ~reaa to be occupted by, Imlldinss on · subdiviStoa plat Proved by the Town Planm~ Bo~d. (lO Upon compleUon of any opera- tiau regulated by this ordinance the excavation ~rea eh~U be refilled and graded to such reasonable level ae may be ~peclfled tn the approved plan of rehabilitation. ~ ti) All material used as fffi ~htll be ~roe from garbage, refuse, offal, como l~ustible, or any delstorlons or unwholeo s~me matter. ' (j) All areas on winch topsoil has ~e~n respread as required heretnabove 'g~aas unless other vegetation or plant- lng wl~h vines or other coverin~ is s~-clfled in an approved plan of reo ImbRltat~on. (k) Adequate provistens shall be made for the prevention of the asctun- uiation of water from any source as a result of such operations. ~ m~l! noth2~ thereof or by~ M~y subeequent renewal of a permit (b) 8aid bead ~ :remain in full fo~ce and effect until released or until the original amount ~f is reduced by the Town Board upon issuanea of certlfld~ that all pro~dstons of this onHnance and conditions of the permit have been fully ecmplled with. Appli- caiion for such certitieate shall be m~le by the pernflttee, owner, lecsee or his agent to the Town Clerk and givin~ election thereof st ten feet-intervals, prepe~ by a duly Ilo tensed engine~ or l~nd surveyor of the ~te of New York nfter the com- eertif~ as to the emotmt of top~all re= ~ with topsuR I~ 8eotion hereof, and that such area has been ance and th&t the other eonditioas o~ the approved pllm of rebabflitatiun (c) In lieu of such I~ond a caah de- posit or dep~tt of ne~01iable securities the Tow~ subject to the approvals, heretnabove In the case of a bond. SECTION X, Power of Waiver Re- If the Town BGGrd chsdl detennlne~ upon the request of an applicant fQr a permit the. t no substantial rehabfllo ration of the premis~ will become necessary aa a result of the 9roposed opeeatlGns, or on any application per° t~l~ff to an eporation in existence at the lime of enactment of this ordin- ance, or w~enever the, applicant shall eatisfy ~e Board that unusual hard- ship shall exist, ~he Town Board, in its discretion, may waive any or all of the requirements of tins ordinance by resolution of the Board and the Town Clerk shall then issue the per- mit at the direction of the Town Board. SEC'~ION XI, Fees. Before a permit shall be issued or renewed, the applicant shall pay to the Town Clerk the followtn~ fees: (a) Sand bank and a ~ee of $50.00 to be paid with the filln~ of the application for a permit, which fee shall be for the first year of the operations of said permit. A fee of $50,~ is to be I~id in each year for the renewal of such permit; and (b) Topsoil removal; a minimum fee of $10,00 for an area exceedinK (1) No excavations' shall be made sq. ft. Such topsoil removal permit fee which shall cause pollution to any shall he for a period of one il) year underground water supply by salt water ] and a similar fee shall be paM upon, intrasion or other cauaec. [ the renewal of said Pel~ uglx~t~ C'n) The setback areas shall not be ] basis of the charge herein set forth. liSed for the storage of any productslSb(.-~'~ON XII, Public H~. , Gr ether materials or equipment. [ Except as set forth in Sectto~ X, no *' ~) Natural- vel~tation is to romaln ] permit authertz~ operations re~I~ted tlnd~ turbed within the setback area. [by this ordinance shall be issued for Tn e~_'~S where natural ve~'tatlo~ is! the first time under this ordtnsnce tl~adequ&te in such area to provide ~er sere~t~g, a suitable planUng of latlsl~ aM~eahae ,thereto. ':(p) The lMus~ea ~ a permit-here- ~ shall not coasttthto author~a- pi~eseing of excavated materials un- leM' expreesly authorized by such ~s wn, Pe~ts und aonewals Permits may be issued or renewed by the Town Clerk at the direction of the Town Board upon compliance by t]~e appheaut with this ordinance. Per- mite may be issued for a period not exceeding one year and may be re- newed for sueeea~ve periods of one ecribed herein have been complied with ,{~T~_e~ave ar~ ppport?4tilT to he heard. ~a~ of ~ this ~ln~.~ ~d~ ~t ~e ~d ~y~d ~o~ au~o~. At 1~ ~ (I0) da~ no~ce of the ~e ~d ~ of ~ h~g ~H ~ pub~ ~ ~e nsw~r desi~$~d f~ official to~ noti~s and a ~n noU~ of ~ ap- p~cation for a ~t ~ ~e applic~ ~ the o~s of ~d, as ~t fo~ In the app~cation, ~ ~ti~ wit~ f~t of the ou~i~ ~d~ of ~e ~ ~t~ w~ch ~atio~ la~ by t~s o~ce ~ a~ ~d ~ ~t~ of ~e ~for the use of g.l~_ ~ ~ pm~int sr~ted or renewed ,h~_e~d~ ~. req~t~ed by Becttc~ VZ msufa: ~ a~ ~om of ~ ~, ~e o~, t ~~,~ (s) w~ ~ ~ ~ &uw~ ~Me ~ ~ ~ ~ u~ ~e~ asent,~~t of any[ ,.~ ~ ~ f~ ~ ~f~ ~ ~ ~or~~ ~of~~w~I ~ ~ ~ ~ ~ ~l~ ~ a~ ~ ~ ~~~~lth~f~m~s~.I · '~' ~_:~ ~ ~] ~ ~ ~ ~ ~ 1~ ~ ~ ~ ~U~l ~on ~ ~ m~d, ~ch ~- ] .(d) ~ ~ ~ ~.-~ ~]~.~ ,. [~.i~e~~ ~/~]~ ~r.he~t ~t ~eh ad*] ~ ~: ~' ~; l_ ~)_ ~ ~ ~ ~ ~/~ ~ent ~ ~h~ ~l J~U~ ~ ~ ~ ~ i~/ ~).~w~te-~W~[~ n~ fw ~ ~n[~~~f~lo~m~the~.~W.~.[ Moved by Councilman' Demarest; seconded by JUStice Clark; I~land Ferry District Commissioners request the appr~- Preston and B~rrow~, Inc. ~the lowest bidder for con- structiOn of necessary dolphins 'in the vicinity of the wharf about to be leased by said"District' at West Harber, Fishers ISland, N.Y., NOW~ '~'~EREFORE, BE IT P~ESOLVE~: That the S°Uthold Town Board approves the action of the Fishers~ISland Ferry District COm~issioners in the hiring of said in, Preston and B~rrows, Inc. fOr construction of Harbor, FiShers Island, N.Y. vote~' Albertson; councilmen Demarest and ; and Clark~ Moved by Councilman Valehtine; seconded by Justice Clark; RESOLVED: That the"Town Clerk be and he hereby is directed to request the Long Island Lighting Company to install eight (8)'MVOH street lights as follows: POle' 512 " 494 " 890 " 522 " 487 " 455 "~ ' " 367 " 379 'L.I.L.' Main Road at Chapel Lane " " " at Albertson Lane .... at Pipes NeCk Road N. Y.T. Rt. 27A at Sound View Avenue ..... at Albertson Lane " " " at Chapel Lane' : " "' 25 at M~hanset Avenue " " " at Bailey AVenue (1) and to request~ the Greenport Lighting Company to install:-'One 400 MVOH-street light on Pole V16 Main Road at Silvermere Road, and two (2) 100 MV(~ street lights on Ch~mplin Place on Pole and on Manhanset Avenue at Champlin Place on Pole %7S (NYT Guy Pole) Vote of Town Board: Ayes-S%~ervisor Albertson; Councilman Demarest and Valentine; Justices Tuthill and Clark. Moved by Justice Tuthill; seconded by Justice clark; RESOLVRn:~'That the Town Clerk be ~and he hereby i~ directed, to request the LOng Island Lighting Company 'to install One (1) 100 cpoh street light on LILCO Pole %3 on Georges Road, New Suffolk,, in the Cutchogue Vote of TOW~ BOard: Ayes-Supervisor Albertson;-. Councilmen Demarest and Valentine; Justices-Tuthill and Clark.~ Moved by Councilman Demarest; seconded by C~uncilman Valentine; RESOLVEB: T~at supervisor Lester M. Albertson be and he hereby is authorized and directed to advertiSe for bids for 75,0~0 gallons of 'Special Gasoline~ for Highway and Police Purposes for ~the perio~ from "April'l; 1965 to March 31, 1965, same to be opened at 3:30 P.M. on March 23, 1965 at the Supervisor's Office, 16 South street, Greenport, NeW' 'York. Vote of Town Board: Ayes-~Supervisor 'Albertson; councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved b~ Councilman Valentine; seconded by Justice Clark; RESOLVED: That the Southold Town Board approves the amount of a per- formance bond of $11,080,00 for the construction of the roads, and water mains in the subdivision "Ford/~am Acres" located at Greenport, and owned by and developed by Ruth F. Preston, & Ors. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthl~l and clark. Moved by Justice Clark; seconded by Justice TUthill; RESOLVED: That the Southold Town Board approves the amount of a per- formance bond of $7,000.00 for the construction of the water mains in the subdivision "Town Harbor Terrace" located in Southold, and owned and developed by Kathryn D. Hoey and Genevieve T. Daley. Vote of TOWn Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Jmstice Tuthill.~ seconded by Justice'Clark; RESOLVED: That the Southold Town Board approves the amount of a Sout~old--and. owned and developed by Clement BOOth. ~6t~ ok ToWn Board: Ay&s-S~pervisor' Albertson; and Valentine~ JuSticesl Tuthill and clark. Moved by' COuncilman valentime; seconded by J~stice T~ttL% 11: RESOLVED: Th~t~the. southold Town Board approves the :s of supervisor Lester M. Albertson of the .following on Opportunities Committee: Mrs. Sidney Breese Mr. Hull Tuthill ' ~F. Mr~ Ric'~ard~ Cron Dr'. John G. Ha~sen Rev. Arthur Bryant-exofficio Vote of Town Board: Ayes-Supervisor Aiberts6n~ COUhCilmen Demarest and Valentine; Justices Tuthill and Clark. Mr. ~erald Hobson Mr. Robert N~idick Rev. Ben Burns Father Hogan Mr. George .st~izer-exoffi~io Moved by Justice Tuthill; seconded by Council~a~ Valentine; RESOLV~..~: That the Somthold Town Board approves the appointments of supervisor Lester M. Albertson of the following on the Commerce and Industry Committee: Mr. William Bolenius Mr. Parker Wickham Mr. Ja~es Rich.. Recess was called at 3~7 P.M. The meeting reconvened at-4:~0 P.M. Hr. Robert Brown Mr. Arthur L. Se Hr. Wi~liam'MUel Moved by Justice Clark; seconded by Justice T~thill: WHEREAS, after.study,~his Boar.d reported tbat.:LongISland sig~a~' cotp, Was the lowest biaderf°r placing'Sighal light, on th~_.~ew~ county highway, Mattituck, N.Y. NOW,' ~~RE,'BE IT RESOLVkD: That Lester M. Albert.son, Superyis r, be and he -eby is .di=ec e.t r. to a co.tract ...... Signal Corp. for the installation of signal Vote of Town Board: Ayes-Supervisor Albertson; Demarest an~ Valentine; ~ustices Tuthill and Clark. Moved by Councilman Vale~tine~ s~conde~ by Co~nci RESOLVED: That all bids for'theAssessor's car~be-re Supervisor Lester M. Albertson be and he 'hereby a seve~.~assenger Travel va~ ~ eq~al_~ . ..~ Vote of Town Board: Ayes-Supervisor Albertson; and valentine; Justices Tuthill and clark. The report of the Business Meeting of'~the Association ~k~owhs held on February 9,. 1965' was given by Councilman .Howard .~.~ Valentine.i Adj our nment. Albert ~". Richmond Town Clerk