HomeMy WebLinkAboutTB-08/10/1971 SOUTHOLD TOWN BOARD MINUTES
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MEETING OF AUGUST 10; 1971
The Town Board of the Town of Southold met at the office of Supervisor
Albert M. Martocchia, 16 South Street, Greenport, New York, on Tuesday,
August 10, 1971 at 3 :00 P.M. , with the following present:
Supervisor Albert M. Martocchia, Councilman James H. Rich, Jr. ,
Councilman Howard C. Valentine, Justice Martin Suter, Justice
Louis M. Demarest, Town Attorney Robert W. Tasker, Supt. of
Highways Raymond C. Dean, and Deputy Town Clerk Judith T. Boken.
Absent: Justice E. Perry Edwards
Moved by Councilman Valentine, seconded by Justice Demarest, it was
RESOLVED tha.t the Southold Town Board meeting recess for the public
hearing on the amendment of the "Boating. Ordinance of the Town of
Southold. "
Vote of the .Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Meeting reconvened at 3 :15 P.M.
On motion of Councilman Rich, seconded by Councilman Valentine, it
was
RESOLVED that the minutes of the meeting of July 27, 1971 be and
they hereby are approved.
Vote of .the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Councilman Valentine, seconded by Justice Suter, it was
RESOLVED that the next meeting of the Southold Town Board will be
held 1 :00 P.M. , Tuesday, August 17 , 1971 at Fishers Island, New
York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Valentine, Justice Suter, Justice Demarest.
Moved by Justice Suter., seconded by,.Councilman.;Rich., it was
RESOLVED that the july reports of the Supervisor, .Police Department,
Town._Clerk, _ .Justice _Suter and: Building Department be approved as
submitted.
Vote of the-Town Board: .. Ayes : . Supervisor Mattocchia, Councilman
Rich, Councilman Valentine, Justice Suter , Justice Demarest.
On mo.ti.on .of .Councilman_ Rich, . seconde.d by Justice..Suter,
WHEREAS the Southold FiredDepartment has requested permission. for
the use..of the parking lot at the rear of the Southold Fire House
on September 4, _ 1971 between . the -hours of . 12.:00..Noon. .and..2 :00 A.M.
September 5th, for the purpose of a street dance,
NOW, THEREFORE, BE IT RESOLVED that the Southold Fire Department be
granted permission to use the. parking lot at the rear of the Southold
Fire House on September 4, 1971 between the hours of 12 :00 Noon and
2 :00 A.M. September 5, . 1971 for the purpose- of-.a .street .dance, provided
the Southold- Fire Department obtains insurance and takes the necessary
precautions to hold the Town of Southold harmless .
Vote of_the Town.-Board: - .Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice. Demarest. .
On motion of Justice Demarest, seconded by Councilman Valentine,
WHEREAS, Angelo G. Petrucci. has :by written application- applied to
this .board fora permit .to excavate . sand, gravel, . stone or other
materials from premises locatedsouth of Soundview_Avenue, . Southold,
New York bounded .generally. northerly by lands of -Edwin A. .Smith and
Long Island Produce Co. ; easterly by..lands of Case and .Kaplan; south-
erly by lands of Newell Estate and Sepenoski; and westerly by lands
of Tisdale and. Edwin A. Smith, and
WHEREAS,, a _public_hearing_was _.held -on said .application .on July 13 ,
1971,_ .at._which _tide .all interested persons were given _an opportunity
to be heard,
NOW, THEREFORE, BE IT RESOLVED that this Board does in accordance
with Section V of the Excavation Ordinance of the Town of Southold,
find that
(a) The proposed operations will not interfere with the surface
water drainage plan of the area nor endange any street, road or
highway.
(b) The circumstances of the location and terrain are reason-
ably adapted to rehabilitation to the end that the premises• will
not become desert or waste land following completion 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 will not I constitute an attractive
nuisance or endange the safety of children.
(d) The use will not cause undue traffic hazards.
(e) The use will not cause undue noise or wind-blown dust
or sand.
(f) The use will not change the established character of
the neighborhood or depress the value of other lands in such -
neighborhood.
(g) The proposed operations are set back at least 200 feet
from any road, street, avenue or highway and that the excavation
operations were in existence at the effective date of the afore-
said excavation ordinance and that such proposed operations will
notbe extended beyondthe present front, side or rear setback lines,
and it is further
RESOLVED, that the Town Clerk be and he hereby is authorized and
directed to issue a permit to said Angelo G. Petrucci for the
excavation of sand, gravel; . stone, or other materials from the
above described premises for a term of one year, subject, however,
to the following terms and donditions :
1. The removal of materials shall be confined to the shaded
areas outlined in red on the map accompanying said application, a
copy of which is to be signed by the Supervisor and the applicant
and filed with the Town Clerk.
2 The removal of materials from said areas shall not extend
below fifteen (15 ' ) feet above sea level.
3. All removal operations shall be setback at leaEt 10 feet
from all property lines.
4. All slopes shall be maintained during and after operations
at one foot vertical on one foot horizontal.
5 . After operations have been completed, the excavated areas,
as well as all other areas where prior excavation operations have
been conducted on the premises, shall be leveled, regraded, all
stumps, rocks and other debris removed and the entire premises
seeded with grass.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
On motion of Justice. Demarest, seconded by Councilman Rich, it was
RESOLVED that a public hearing be held by the Town Board of the Town
of Southold on the 7th day of September, 1971, at 7 :30 o' clock P.M.
at the Supervisor ' s Office, 16 South Street; Greenport, New York, in
the matter of the amendment of the Town ordinance entitled "Southold
Town Ordinance Providing for the Regulation of Tourist Camps,
Housetrailer Camps, Housetrail'ers, or similar Establishments" , as
follows, to wit:
I. By amending subdivision (c) of Section lfo6said Ordinance
to read as follows :
(c) Camp cottage is defined' to be any small building
of whatever material constructed having not less than 100
nor more than 450 square feet of enclosed floor area and
used as living or sleeping quarters and constructed and-
equipped only for seasonal occupancy.
II. By amending Section 7 of said ordinance to read as follows :
Section 7 . Each unit in any tourist camp upon which a
tent, tent house, trailer or house car is erected or placed
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- . - and each unit in- any tourist- camp upon which a' camp cottage
is hereafter erected or placed, shall=be' not less than 50
feet x 100 feet- in area- clearly- defined by markers in each
corner.
III. By amending Section 8 of said ordinance to read as
follows :
Section 8. No cottage hereafter erected or placed upon
a- site shall- be less -than 30 feet 'distant from any other
building or trailer.
IV. ' By- amending Section 9 of said ordinance to read- as
follows: -
Section 9: ... No- trailer, camp car, or damp- -cottage-- shall
be located on- any site where- there is---less than :30 feet
between- the-- trailer- or camp car and other buildings, trailers,
or camp.- cars included in the 'camp. -With the exception of
cottages previously placed or erected, no cottage, trailer,
or camp car shall be placed-within' 30 feet - from' -the property
or public highway line or within 20 feet from any interior
road or driveway.
-- V. - By- amending Section - 10 of saidordinance� to read as
follows:
Section 10. Adequate- h6gdways -or driveways sha:11-,be- "
- provided which shall be so located that each unit of the camp
is easily accessable thereto. Said roadways or driveways
shall be adequately lighted while 'such camp is occupied.
- Such roadways or driveways sha-ll' be - constructed - to a"minimum
width - of 24 feet and the-bed of:such -roadway (or 'dri.veway shall
be constructed. in accordance with the S'outho.ld_ Town Highway
Specifications as to--base -;and surfacing. All entrances and
exits-: from the ' camp shall be well marked and so arranged as
to provide proper control and supervision.
V1. By amending Section 13 of said ordinance to read as
follows :
Section 13. _ It shall. be ,the duty--of. the-owner; his agent
or manager.; to-.keep a register of all persons accomodated in
the camp, -said- register to include the names of all persons
their home addresses, the registration ,nixmber--and=description
of their automobile or other vehicle. It shall be the duty
of the-.owner,- - his agent, --or - manager to provide a .:sewerage
disposal system-and-•a.-potable water isupply system_ for :the
tourist camp.approved by _the, Suffolk County-:Health -,Department.
It shall ::also -be the .duty .of the owner;.-.s-his agent, :or. manager
to provide for the collection and removal of garbage or -other
waster . materia.ls; to prohibit the placing or storage :of unsightly
materials or ,vehicles .within -the camp;: to provide at :least one
five X5) pound capacity CO2 fire extinguisher for equal, -approved
by Underwriters Laboratories, Inc. , for each 5 units in the
camp:or-,trail-er-park�. -such -fire -extinguishers --to be . so located
that all of the units will be within 250 feet of an extinguisher;
to report-.to the Board---of Health :all :cases -.of communicable ..
- diseases -or suspected cases -of -communicable :-diseases affecting
any occupant of the camp;_rto .repor.t immediately to :the public
- -authority aal-.violations of law committed-by :any person or
persons _within =-.the .camp;- to -install 'and_-maintain -a sufficient
number of telephones as may be required by the Town Board.
VII.-.: By.-.amending -Section 15 --of ;.said ordinance .'to ,read as•
follows : ..
Section 15. On every tourist camp or trailer camp a
suitable -planting of shrubbery will be required to screen the
-trailer camp from public lands and public highways, and'othe'r
areas, as may -be -required.- The planting shall be of .such type
and variety :and. lacated_-as_ approved--by th-e Town Board.
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VIII. By amending the first sentence of Section 16 of- said
ordinance to- read as follows
- - Section -16.- Each app-1•ication- for- a-, permit ks :to -be
accompanied by a fee of $10. 00 for each unit or $200.00 whichever
is greater.
IX. By amending Section 18 of said ordinance to read as
follows :- 11 ., :
- Section- 18-:-. -Any person, firm, or corporation who, shall
violate or fail to comply with any of- th•e• provisions"of this
ordinance, shall be guilty of a violation and shall upon
conviction be punishable by- a fine not to exceed $500:.00 or
by imprisonment for a term not exceeding 15 days or by both
such- fine- and imprisonment. .. Each .day that a-vio-lation is
permitted - to exist- shall constitute- a separate violation.
Vote-,of the Towne Board: - Ayes :-- Supervisor-- Martocchia; Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest-:
Mr. C: - Edward-Nelson, --Suffolk Avenue- and-Deep Hole Drive; Mattituck
spoke to the Board relative to a drainage problem near-- his-, property
which has caused sand to be washed into Deep Hole Creek, filling in.
where he has dredged. Supervisor Martocchia advised Mr. Nelson that
the probiemr-would-be discussed with Highway Superintendent Dean.
Supervisor-Martocchia read•-letters :from-Kenny-' s Beach-,Civic Assoc-
iation; Inc. -relative to-traffic control and" the- public launching
ramp; -Cutchogue-New Suffolk Civic--Association relative to their
opposition-- to removal of water from Cutchogue to--supplement- the
Greenport Water District; :Mattituck- Fire -Department requesting
permission to display posters for their festival (referred to the
Board- of Appeals) RobertSeh--relative- to dredging -project at Deep
Hole Creek, Ma.ttituck; -Antoinette -Sacamano relative to- a water
problem-at Fourth-and--Ordhard- Streets, --New--Suffolk (referred to
Highway Superintendent-Dean) and -Westphalia,•Civic Association,
Mattituck, for street signs (referred to Chief Cataldo. )
Supervisor Martocchia reported on his meeting with the Suffolk
County 'Labor- Department relative to the Emergency.Employment Act
signed-by -President Nixon on -August•-9th--to provide- federal • funds
for--the- payment of salaries--•for- jobs. in governmental sectors in
areas of high unemployment.-
On motion- of-Justice Suter, seconded by--Councilman Rich;.-
WHEREAS. George A. McCarty-, 190 Bay -Avenue, Mattituck; New York
has--.made- an -application ' to the--Southold Town:-Board• for -a six month
renewal of his trailer permit No. 87., located at private road,
Laurel; New York;- .. � . .
NOW, THEREFORE;. BE IT RESOLVED that-George A: McCarthy, be--granted
a six (6) month extension of his trailer permit, trailer -to be
located- at private road,-Laurel; New York. --
Vote of ,the Town --Board: - Ayes.: Supervisor Martocchia, -Councilman
Rich, Councilman Valentine, --Justice Suter; Justice Demares-t.
On -motion o.f Justice-Demarest, seconded by"Councilman Rich; - it .was
RESOLVED -that -Supervisor Martocchia . s authorized to hire William
Allen as •a -Temporary-Relief Watchman:
Vote of the Town Board: Ayes: Supervisor Martocchia, --Councilman
Rich, Councilman Valentine, Justice Suter, . Justice ,-Demarest.
Supervisor Martocchia advised the Board he would discuss with the
Cons-ervation-'Department the question -of -regulating the taking of
Blue Crabs in Town waters.
On motion of Justice Suter,' -seconded-:-by Justice-Demarest;—
WHEREAS -Henry J. =Smith and Stella• M. --Smith, his wife, have made
- application--to the .Town Board =to dedicate certain highways at
Peconic,'- .-New York to:-be known .as' -Hwiry' s Lane and Sound View
Avenue including the 100 ft. turnaround at the northwesterly
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extrenfity of Henry' s Lane, more fully described in said ..petition
together with release executed by the owners thereof, and:
WHEREAS the Highway Superintendent :has inspected-- the said highways
and has advised the Town Board that said proposed highways comply
in- all respects with :the specifications -for the dedication of high-
ways in the: Town -of,- Southold,,
NOW, THEREFORE, BE- IT RESOLVED that .the Town -Clerk be- and he hereby
is authorized and -directed to forthwith cause the. dedication, release
and deed to -be recorded in. .the office of the Clerk of the .County of
Suffolk.-
Vote of ,the' Town Board: Ayes : -, Supervisor Martocchia Councilman
Ric h,'::Council man- Valentine; Justice -Suter,.. Justice Demarest.
On motion of Councilman Rich, seconded by Justice Demarest, it was
RESOLVED that the Town Board of the Town :of Southold set.i :-45 P.M. ,
Tuesday,-September7 - 1-971, -.16 South :Street.,-_ Greenport,- .New; York'm
time and'pl'"ace for-.,:a hearing on the- .ma.tter, .of the!-amendment ,of--,.an
ordinance entitled "An Ordinance Regulating and Controlling the
Excavation and Removal of Sand, Gravel., Topsoil .and other Materials, "
as follows.,! .to wit:: o_
I-. -By- amending :Section .IhI of said:.ordinance. to read. as;;
follows-:
-- SECTI.ON,:III; -Operations Regulated_
No lands or other premises shall be operated or used
as :sand--and- gravel .pits,- or.: -for- the .excavation, or.. removal
-of -sand, :grave l,:=,:stone: or_ -other- minerals;. or :for other"
excavation. -- purposes.-
or for.; the. stripping or r.emoval .of .
topsoil therefrom -including sod farming.. without- a -currently
: : :ef.fective permit::iss-ue.d..by the:. Town Board: in :compliance -.
with the provisions of- this Ordinance .or unless -listed as
an exception in Section
II-.: By: amending, subdivision .-(b) of. Section LIV of: said
ordinance to read as follows :
._,Jb:) -. Excavation: or:.removal::of excess-sand, gravel,;. :stone
or other minerals incident to highway, sidewalk,,,_.driveway, :.
'cesspool foundation .or: cellar construction: on .the,- same
premises, including the grading of said premises, upon
obtaining :a permit therefor from•the Building.:Inspector.
III. By amending subdivision (d) of Section IV of said
ordinance to read as follows :
(d) The moving of topsoil or other earth from one part
to another of the same lot or premises .as -anr�inc.ident •to,:
building, farming, or landscaping;
::IV.- By- amending- subdivision- (e) of .Section-.IV..of-_said�,ordinance
t): read- as follows: - 1_::
:(e) --Removal of -excess topsoil or:..other: earth from,ithe,
area of a subdivision plat, or from .one: area of -such plat to
another.--area -thereof -when :authorized by a special order in .
writing issued by authority of th-e -Town,.-Board.,
V. By adding new subdivision (g) to Section IV of said
ordinance.,to read as follows-:
(g) The moving and/or removal of topsoil or other....
material on :premises -subject_.to -site :plan_ approval by_
.the :Town:.Plann.ing Board, :when�sauthorized iin •writing. by-
such Board incidental :to !the :approval of .such :site.plan..
VI. By amending subdivision' (a) of Section XI of said
ordinance to- read::as:lfollows::':
(a) A filing fee of $50. 00 shall be paid within the
filing of an application fora .permi-t'. required :by, this
ordinance. In addition to the foregoing, an additional fee
of_ :$10:.00 for: each .500- c:ubic::yards:,: or !fraction thereof, of
material. to be excavated shall be paid upon .,the issuance of
the permit.
t1 I-I.. By amend-ing-:S-ecti'o.n. XII1_ of, staid :or,dinance_. to;.read-: '.as
follows:-,-:
: _ :SECTION- XII:I,,, B_enaaties _
: For:- .any .and .every violation: of the provisions of .this.:.
ordinance, the owner, general agen.t; ; le'ssee .or tenant of
any: .par_t- of- the :premixes -on,which- said violation or. any
,par.t_ _thereof :has been .committed. or shall•. exist,-. .and, the
,.general-:_agent, engineer..,_:_surveyor,:. contractor or any-
other person who knowingly permits, takes part, 6r .a,ss1sts,,-.
in .ahy,such-- violation, shall.. be :gu-ilty of. a violation, - -
punishable: :by- -a:Mine -not c-exceeding -$:5-00-.00: or.- imprisonment
not exceeding fifteen days, or both. Each day' s continued
: v.iolation' of this ordinance -shall 'constitute a separate•
additional:iv.iolatkon-: -: o•- -
Vote of �..th.e- -Town_ -Board:--- .Ayes::: �:.Stpervi or_. Marto_cch±a Co,urrcilman
Rich, Councilman: -Valentine-, Ju-stice: Suter,n Jixst.ice Demarest:
On motion of- Justice Suter., seconded by Counci-lman .Valentine,-:-,it!. was
RESOLVED that a meeting of the Southold Town Board wil,l�:be, Jheld;
8:00 'P:N . Tuesday-.-I-S=ep-tember :-7-, .1:9:71 cat--the -office:.-of Supervisor
Albert M. Martocchia, 16 South Street, Greenport, New
Vote of the Town Board:_-- ,-Ayes-: _Supierv.isor Martbcchia,. Coundilman
Rich,- Councilman Valentine, Justice Suter, Justice Demarest.
On motion- of- Ju-stirce Suter. s-ecended by: :Councilman- -Va.lentine, it was
RESOLVED,-that :Highway:,Supe'r_i_ntendent- Raymond, C-:; iDean. be .authorized
to attend- a: Highway -S.uperintendent-'.-s .Conference-:at ,Cooperstown, New
York -on:-Septemb-er_ 20 2,1,_,.22, rand be-:its f.urth_er,," :.... : .. .
RESOLVED--that the actual -and. necessary: ,exp.ens.-es.- to .travel',:.' meals,
and lodging-. incurred-while-.-attendi;ng said -conf.erence be :a .;Legal
charge against the Town of Southold.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, :--Councilman _Vale:ntine•, Justice Suter;:. Justice .Demarest.
On 'motion. '_of Councilman rVa,len_tine.,:- seconded 'by." Councilman
Rich,, it .was
RESOLVED. that a, recess: be. -called-, --meeting .to- reconvene -at 5.:00
Vote -of the-.rTown Board: Ayes Supervisor Martocchia, : Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Recess at 3 :40 P.M.
Meeting-i.Re-convened -at 5-:00 P-.M
On motion of Justice Suter, seconded by Councilman Rich, it was
RESOLVED that General Bills in t'he amount of $9, 81.0.-. 00,; Fishers
Island Ferry District bills in the amount of $17.,-236:,73 ;. . Highway.
Department. bills -in:-the amount _of- -$9-, L22-.L70;- Special District
bills in the amount. of -$4,7.28-63;. -and Capi:ta1-_ Account- bills in
the amount .of -$-I-,�649.01 :b-e and _the .same arse- hereby. ordered paid.
Vote of the Towrr_.Bo:ard•-:: Ayes.: Supe-rvsls:or_ Mattoc-chin, :Coun_cilinan
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
On motion of Councilman Valentine, s-e-conded- by, Councilman Rich,:
it was-.
RESOLVED- that--a-fter .,a- publ-ic hearing -held-by' ,the Town- Board. of the
Town of.. Southold _on rthe.::10th day- of August 1971,- the: Southold Town
Board duly -adopts•:th-e following :amendments, to an- ordinance entitled
"Boating Ordinance of the Town of Southold" as follows :
I. By amending Section 4 of said ;ordinance to-, read -as .,...
follows ..
SECTION -4-.- Sanitation,: :
_ = .The dumping ':of o .l,: .'refuse, garbage, sewage or' waste is
prohibited. - - - :. .- .. c . . .
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III! By amending Section 8 of said ordinance by adding thereto
a new subdivision to be subdiv.ision; (c) to read as follows :
(c) No boat propelled by an internal combat-stion
engine shall be operated, on_.any: inland fresh waters in
the Town of Southold, except- in emergency or rescue
operations or by peace officers in the performance of
their duties.
III. -..By, amending, Section 11, of. said. ordinance to, read. as
follows : .
SECTION 11. Penalties
- Any person who violates any provision of this ordinance
shall- .be guilty of a •violation and upon conviction. .sha-11 be
subject to a _ fine :of: not,.more than .$500.00.. or imprisonment
for not :mo.re: than 15 days or by both such fines and imprison-
ment.
Vote of. the. Town Board: - Ayes•: Supervisor- Martocchia, .Council,man
Rich;.. Councilman •Valentine, Justice S,uter,.;_Just-ice. Demarest.
On motion of Justice Suter, seconded by Councilman Rich, it was
RESOLVED,,that- Supervisor Martocchia be and he hereby is, authorized
to sign a five , (5) year-. renewal lease at..$1.00 per year with, -
Harrison Demarest, for a beach front parcel at Orient, New York.
Vote of- the Town_ Board:. _ Ayes: Supervisor.. Martocchia, . Councilman
Rich, , :Councilman:: Valentine, Justice Suter,.. •Justice. Demarest.
On motion of Justice Demarest, seconded by Justice Suter, it was
RESOLVED,, that. ,the Southold..Town. Board meeting bg :ad:journed. at,.,. .
5 :30 :P..M.
Vote of: the. Town .Board: ;Ayes-: - Supervisor..,.Martocchia, Councilman
Rich, . ,Councilman• Valentine,, .Justice Suter, Justice Demarest. ;
Judith T. Boken
Deputy Town, Clerk .
:A I.:.,.... �