HomeMy WebLinkAboutTB-03/09/1971 385
MEETING OF MARCH 9, 1971
The Southold Town Board met at the office of Supervisor Albert Martocchia,
16 South Street, Greenport, New York, at 3 :00 P.M. on March 9, 1971 with
the following present: Supervisor Martocchia; Councilmen Valentine and
Rich; Justices Demarest and Suter; Town Attorney Tasker; Supt. of Highways
Dean and. Town Clerk Richmond.
Moved by Justice Suter; seconded by Councilman Rich;
RESOLVED: " That the minutes of February 23 , 1971 be and they hereby are
approved. Vote of Town Board: Ayes-Supervisor
Martocchia; Councilmen Valentine and Rich; Justices Demarest and Suter.
Moved by Justice Demarest; seconded by Justice Suter;
RESOLVED: That the next meeting of the Town� Board.will be held at the ,
office of Supervisor Albert Martocchia, 16 South Street, Greenport, N.Y.
on Tuesday, March 23 , 1971 at 3 :00 P.M.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Justice Demarest; seconded by Councilman Rich;
RESOLVED: That the reports of the Police for year 1970 and the monthly
reports for January and February 1971 of Justice Suter, Supervisor
Martocchia, Building Inspector Terry and Town Clerk Richmond be accepted
,by the Townnand placed on file. ,
Vote of Town Board: Ayes-supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter..
Moved by Justice Suter; seconded by Councilman Rich;
RESOLVED: That the Southold Fire Department be and they hereby are given
permission to hold a parade in Southold from Willow Hill (Main Road C
Bayview Road and, Ackerly Pond Lane) to the Fire House or Boisseay Avenue
along the Main Road on Saturday evening July 3 , 1971 beginning at 6 :00 PM
-Rain date July 4, 1971, said parade to be in connection with Tournament
Drill to be held on the Fire House Grounds.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Justice Demarest; seconded by Councilman Valentine;
RESOLVED: That a public hearing will be held by the Town Board of the
Town of Southold; Suffolk County, New York, at the Supervisor ' s Office,
16 South Street, Greenport, N.Y, on the 13th day of April, 1971 at
8:30 P.M. in the matter of the grant of scenic and/or conservation ease-
ments by the Trustees of the Proprietors of the Common and Undivided Lands
of the Town of Southold to the Town of Southold, to effect property owned
by said Proprietors consisting of a parcel of beach and meadow land of
approximately 20 acres, adjacent to Little Creek at Peconic, New York,
and several islands comprising approximately 16 acres in East or Eugene ' s
Creek, at .Cutchogue, New York. The proposed grants of easement containing
the terms and conditions thereof,, and the lands effected thereof, are on
file in the ,Southo.ld Town Clerk ' s Office, Main Street.,, Southold, New York,
and may :be examined by any person interested therein.
Vote of grown Board: Ayes-Supervisor Martocchia; Councilmen Valentine and
Rich; Justices Demarest and Suter.
Moved by Councilman Valentine; seconded by Councilman Rich;
WHEREAS,.. by resolution duly adopted on the 23rd day of Feb. 1971,
Joseph Lite, Esq. was duly retained as Special Attorney, for the purpose
of conducting all proceedings necessary for the acquisition of the necess-
ary lands for the construction of the Grand Avenue Bridge at Mattituck in
the Town of Southold, and
WHEREAS, pursuant to Section 4 of the Suffolk County Improvement Act, it
is necessary and required that a taking map of the proposed acquisition
to be condemned is a condition precedent,
NOW, THEREFORE, BE IT RESOLVED that Joseph Lite, Esq. be authorized to
utilize the taking maps prepared by the Suffolk County Department of Public
Works,- -and it is further
RESOLVED: That such maps be filed in the office of the County Clerk as re-
quired by the Suffolk County Improvement Act.
Vote of own Board: Ayes; Supervisor Martocchia; Councilmen Valentine and
Rich; Justices Demarest and Suter.
Moved by Councilman Valentine; seconded by Justice Suter;
WHEREAS, this Board did heretofore enact Local Law No. 1-1971 entitled "a
local law to provide that the offices , of assessors in the Town of Southold
shall continue to be elective" and Local Law No. 2-1971 entitled "A Local
Law to provide that the number of assessors in the Town of Southold .be re-
duced from six to three" both of which local laws are subject to -a mandatory
referendum, and
WHEREAS, this Board now desires to provide for a special town election at
which time the aforesaid local laws shall be submitted for the approval of
the electors. of the Town, now, therefore be it
RESOLVED, AS FOLLOWS :
Section 1. A Special Election shall be held in the Town of
Southold, in the County of Suffolk, New York, in said Town on April 20,
1971, at 11:00 o' clock. A.M. (E.S.T.) and the polls shall remain open .until
8 :OO . o"clock P.M; (E.S .T.) or as much longer as may be necessary to enable
the voters then present to cast their votes. Voting will be at the, polling
places set forth in the form of notice of said Special Town Election herein-
after prescribed.
Section 2. The Town Clerk of the said Town shall cause such
Notice of said Special Town Election to be published at least once in THE
Suffolk Weekly Times, a newspaper published in the Town of Southold, New
York, and designated the official newspaper- of the Town and the. Long. Island
Traveler-Mattituck Watchman an additional newspaper designated for the. ,
publication of notices, resolutions- and ordinances in the Town of .Southold,
and to be posted on the sign board of the Town maintained pursuant to sub-
division 6 of Section 30 of the Town Law, Said publication and posting to
be at least ten (10) days before such Special Town Election.
Section 3. Said Town Clerk is hereby authorized and directed
to include in the Notice of the Special Town Election as hereinafter set
forth notice that the Town Board will submit at the said Special Town Election,
for the approval or disapproval of the voters of the Town, the Propositions
therein set forth. ,
Section 4. At said Special Town Election, the vote upon .the
said Propositions shall be by voting machine and the Manly persons qualified
to vote upon the said Propositions shall be :the persons. who are electors
of the Town.
Section 5. Election Inspectors and ballot clerks for each
polling place at said Special Town Election shall be those appointed as
provided by the Election Law for general election purposes.
Section 6. Said Notice shall be in substantially the follow-
ing form:
TOWN OF SOUTHOLD, NEW YORK
NOTICE OF, SPECIAL TOWN ELECTION TO BE
HELD ON APRIL 20, 1971
NOTICE IS -HEREBY GIVEN that a Special Town Election will be held on April
20, 1911 in the Town of Southold, in the County. of Suffolk, New .York, at .
the following polling places in said Town,, and the polls shall remain open
from 11:00, o 'clock A:..M. (E.S.T.) until 8:0'0 o 'clock P.M. (E.S .T.) or for
such longer period of time as may be necessary to enable the voters then
present to cast their votes::
Voters of
Election District POLLING PLACES
No. 1 Fishers Island Fire House
Equestrian Ave. , Fishers Island .
No. 2 'Poquatuck Hall
Corner of Village Lane and
Skippers Lane
Orient
No. 3
East Marion Fire House
Main Road, East Marion
No. 4 Holy Trinity Episcopal_ Parish. House
Main Road, Greenport
No. 5 Methodist Church
Main Street., Greenport . ,
No. 6- Greenport Fire Station No. 1,
Corner of South St. . & 3rd St.
No. 7 St. Agnes Hall
Six and Wiggins Streets, Greenport
No. 8 Veterans. of..Foreign Wars Hall. ,
,
Boisseau Ave. , Southold.
No. 9 American Legion Hall
Main Road,. Southold _
No:- 10 Peconic. School
Pe.conic Lane., Peconic
No. 11 Cutchogue Grammar School
Depot. Lane.,. Cutchogue
No. 12 American Legion Hall
Wickham Street, Mattituck
No. 13 Mattituck Fire .Hous.e
Pike Street, Mattituck
No. .14 Custer Institute
Bayview Rd. , Southold
At said Special Town Election the following two- propositions are to F.be
voted upon:
PROPOSITION NO. :1
SHALL local law No. 1-1971 of the Town of S"athold
entitled` ."A .local law to provide , that the off%ices . .
of assessors in the Town of Southold shall continue
to be elective.." BE APPROVED?
PROPOSITION NO. 2.
SHALL local law No. 2-1971 of the Town of Southold
entitled ."A local law.-to provide that - the number of
assessors in the Town of Southold be reduced from
six to three. " BE. APPROVED?
No person shall be qualified to vote upon the said Propositions unless
he/she is an elector of the town of Southold.
Section 7. This resolution shall take effect immediately: .. :
Vote of Town..Board: Ayes-Super.visor. Mar.tocchia; Councilmen .Valentine
-.and Rich; Justices Demar.est -and Suter_.,
Moved by Justice Suter; seconded. .by Councilman Valentine;
RESOLVED: That a public hearing will be held by .the Town.. Board of the.
Town of Southold, Suffolk County, New York, at the Supervisor 's Office,
16 South Street, Greenport, New York, on the 13th day dfyApfil, 1971
at 7 :30 o'clock P.M. on the .matter of the amendment of an ordinance entit-
led "An- Ordinance to provide for a partial tax exemption of real property
owned by certain persons eith limited income who are 65 years .of age or.
over, pursuant to Section. 467_ of the Real Property Tax Law of the State of
New York." .as- follows, to wi.t:
.. Section .1. Real property owned by one or more persons, each of
whom is sixty-five years of age or over, or real property owned by husband
and wife, one of whom is sixty-five :gears of age or over,. shall be exempt
from taxes to the extent of .fifty per centum of the assessed valuation
thereof.
Section 2. No exemption shall be granted
(a) If the income of the owner or the combined income of the
owners of the property for, the income tax year immediately preceding the
date of making application for exemption exceeds the sum of five thousand
dollars, Income- tax year shall mean the twelve month period for -which the
owner or owners filed a federal personal income tax return, or if no such
return is filed, the calendar year. Where title is vested in either the
husband or the wife, their combined .income may not exceed such sum. Such
income shall include social security and retirement benefits, interest,
dividends net rental income, salary or earnings, and net income from self-
employment, but shall not include gifts or inheritances;
(b) Unless- the title of the property shall have been vested in
the owner or all of the owners of .the property for at least sixty consec-
utive months prior to the date of making application for exemption, pro-
vided, however, that in the event of the death of either a husband or wife
in whose name title of the property shall have been vested at the time of
death and then becomes vested solely in the survivor by virtue of devise
by or descent from the deceased husband or wife, the time of ownership of
the property by the deceased husband or wife shall be ddemed also a time
of ownership by the survivor and such ownership shall be deemed continuous
for the purposes of computing such period of sixty consecutive months
and provided further- that. where property of the owner or owners has been
acquired to replace property formerly owned by such owner or owners and
taken by eminent domain or other involuntary proceeding, except,a tax sale,
the period of ownership of the former property shall be combined with the
period of ownership of, the_ property' for which application is made for ex-
emption and such periods of ownership shall be deemed to be consecutive
for purposes of this ordinance;
(c) Unless the property is used exclusively for residential
purposes;
(d) Unless the real property is the leal residence of and is
occupied in whole or in part by the owner or by all of the owners of
the property.
Section 3 . Application for such exemption must be made by the
owner or all of' the owners of the property, on forms prescribed by the
state board to be furnished by the appropriate .assessing authority and shall
furnish the information and be executed in the manner required or prescrib-
ed in such forms, and shall be filed in such assessor's office on or before
the appropriate taxable status date.
Section 4. At least sixty days prior to the appropriate taxable
status date, the assessing authority shall mail to each person who was
granted exemption pursuant to this o.rdinance. on. the latest completed assess-
ment roll an application form and a .notice that such application must be
filed on or before taxable status date and be approved in order for the
exemption to be granted. Failure to mail any such application form and
notice or the failure 'of such person . to receive the same .shall not prevent
the levy collection and enforcement or the payment of the taxes on property
owned by such person.
Section 5. Any conviction of having made any willful false
statement in the application for such exemption, shall be punishable by
a fine of not more than one hundred dollars and shall disqualify, .the
applicant or applicants from further exemption for a period of .five years.
Section 6. This ordinance whall take effect immediately.
i�ote of Town Board: Ayes-Supervisor Martocchia; Councilmen .Valentine
and Rich; Justices '.Demarest and Suter.
Moved by Councilman Valentine; seconded by Councilman. Ribh
RESOLVED: That -sealed proposals for .the .operation of, the refreshment, stand
and other facilities at the .Southold Town Beach located on Long Island .
Sound at Arshamomaque,- intthe Town of -Southold, New York, will be.re-
ceived by the Southold Town Board .at the Supervisor 's Office, 16 outh-
Street, Greenport, N.Y. until 3 :00 o'clock P.M. on ,the 6th day ofSApril,
1971 at which- time they will be publicly opened and read aloud.
Proposals must be submitted in sealed .envelopes upon and .in :accordance
with the form of proposal which-may be obtained at the Southold Town
Clerk 's Office, Main Road, Southold, New York.
The Town Board of the Town of Southold reserves the right to reject .a_ny
and all proposals and to waive any and all informality in .any proposal
should it be deemed in the best -.interest of the Town of Southold.
Vote of Town Board: Ayes-Supervisor Martocchia_ Councilmen Valentine and
Rich; Justices Demarebt and Suter.
Moved by Justice Suter; seconded by Councilman Rich;
WHEREAS, Corbett Jones, Greenport, New York, has been a faithful and
conscientious. member of the Conservation.' Advisory 'Council' since- his
appointment on. May, 6, -1969,. . "
NOW, THEREFORE., BE IT RESOLVED': That. it is .with`deep, regret that the.,Town
Board of the Town of Southold accepts the resignation of-Mr. . Corbett "Jones.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter..,.
Moved by Councilman Valentine;� se con' ecl by Justice Suter;
RESOLVED: • That Frank Cichanowicz, Jr.. be and`'lie' Hereby 'is appointed a
member of the Southold Town Advisory. Council as- a result of the resig-
nation of Mr. Corbett Jones, whose term expires May 6; 1972.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices. Demarest and Suter.
Moved by Councilman• Val entinei.'.seconde:d'by Councilman R c#L,;
RESOLVED: That John Plock, Sr. Sou'thol_d,^ "N.Y. be and he hereby is
appointed a member of the Southold Town--Con se'rvation"Advis'ory, Council in
place of James Mulhall whose term expires May .6, 1971.
Vote of Town• Board: Ayes-Supervisor Martocchia; Councilmen_ Valentine
and Rich; JusticesV Demarest and Suter'. `
Moved by Justice Demarest; .seconded. by Justice Suter;
WHEREAS, a petition was received from W. "Gordon , and, ;Luc J'. Ahman,. Fishers
Island., New York, requesting, ,a change of zone of certain property -on
Fishers Island, said petition for a change from "A" Residential and ;
Agricultural District .to "B72" Business District,` ' `
NOW, THEREFORE, , BE I-T RESOLVED':- That the' Town Clerk of the Town of Southold
be and he .herreby is directed ;to� transmit 'this application" to the Planning
Board in accordance with.� Section 901�, Subdivision C of Article IX of the
Building Zone Ordinance of the Town of Southold,
Vote of Town Board: Ayes-Supervisor Martocchia;, Councilmen Valentine
and ,Rich; " Justices ,Demarest, and Suter.
Moved by Councilman Valentine; seconded by Councilman Rich; ;
WHEREAS, a petition was. received "from. Philip _W. Abatelli,• Main 'Road,
Cutchogue, N.Y. requesting• ";a change of "zone of certain property in East
:: r :
Cutchogue, N.Y. said petition for a,.cha, mg of zone form "A" 'Residential
and Agricultural Distric.tIto '.'B" Business District,
NOW, ,THERE 9RE•, BE .IT RESOLVED.: That 'the Town Clerk of, the Town .of
Southold. be .andihe.,hereby is directed to transmit this application to'
the Planning Board in accordance liith Section 901, Subd.ivision ,C of
Article IX of the ,Building, Zone ."Ordinance of the .Town of Southold:
Vote of Town Boards: Ayes--§upervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Justice .Demarest; seeconded by Justice Suter;
WHEREAS, a petition°;was r.eceived.from Martin Filla, Mattituck, N.Y. re-.
' in property in East Cutchogue, N.Y.
questing a Change of zone of cert
said petition for a changeoof_ zone for a ,portion which is ' "B" Business- "
District to. "B-2 Business District and a portion which is "A" Residential
ral` District, to
Business District
and Agricultu
NOW, THEREFORE, BE' IT RESOLVED:.' That the Town Clerk of the Town of
Southold. be and. he .hereby is directed to transmit this application to
the . Planning. Board ,in, accordance witYi Section . 901,, ,Subdivision C of" "
Article IX of the Building :Zone Ordinance- of the Town, of Southold.
Vote of ,Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices. Demarest and .Suter:
:. .: .
Moved by Justice Suter;_ seconded by Justice Demarest;
WHEREAS, W. Edgar Worthington, Mattituck; " N.Y: has pDpplied to the Town
Board for a single trailer renewal permit dated March, 1971,,
NOW, THEREFORE, BEUIT RESOLVED: That the application of 'W. Edgar Worthing-
ton to locate a single trailer• on his property, Sound. Ave. ,, Mattituck,
N.Y. .be and- the. same . is granted for a. six month period,.
Vote" of, Town board: Ayes-Supervisor" Martocchia; Councilmen Valentine
and- Rich; Justices Demarest and Suter:
390
Moved by Justice Demarest; seconded by Justice Suter;
RESOLVED: That Police Chief Carl Cataldo be and he hereby is authorized to
fully equip the new police car, the sum not to exceed $800.00.
Vote of Town Bca rd: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Justice Suter; seconded by Justice Demarest;
RESOLVED: That Police Chief Carl Cataldo be and he hereby is authorized to
advertise for bids for a new radar.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine and
Rich; Justices Demarest and Suter.
Moved by Counilman Rich; seconded by Justice Demarest;
RESOLVED: That Police Chief Carl Cataldo be and he hereby is authorized
to purchase one Tac light, the sum not to exceed '$110. 00:
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Councilman Valentine; seconded by Councilman Rich;
WHEREAS, Southold Legion G.T.G. Post #803 , Southold, N.Y-. applied 'to the
Town Clerk for a Bingo License, and
WHEREAS, the Town Board has examined the application and after investig-
ation duly made findings and determinations as required by law,
NOW, THEREFORE, .BE IT RESOLVED: That the Supervisor be and he hereby is
authorized and directed to execute on behalf of the Town Board the find-
ings and determinations as required by law, and it is further
RESOLVED: That the Town Clerk be and he hereby is directed to issue a
Bingo License to the Southold American Legion G.T.G: Post ##803, Southold,- 'NY
Vote of Town Board: Ayes-supervisor Martocchia; Councilmen Valentine and
Rich; Justices Demarest and Suter.
Moved by Justice Suter; seconded by Councilman Rich;
WHEREAS, Southold Legion Auxiliary G.T.G. Post #803, Southold, N.Y. applied
to the Town Clerk for a Bingo License Amendment, and
WHEREAS, the Town Board has examined the application and after investig-
ation duly made findings and determinations as required by law,
NOW, THEREFORE, BE IT RESOLVED: That the Supervisor be and he hereby is
authorized and directed to execute on .behalf of the Town Bard "the findings
and determinations as required by law, and it is further
RESOLVED: That the Town Clerk be and he hereby is directed to issue any
amended Bingo License to the Southold American Legion Auxiliary G.T.G.
Post ##803, outhold, N.Y.'
Vote of Town Board: Ayes-Supervisor . Martocchia; Uouncilmen Valentine and
Rich; Justices Demarest and Suter.
Moved by Justice Suter; seconded by Councilman Valentine;
RESOLVED: That the Town Clerk of the Town of Southold be and he hereby is
directed to request. the Long Island. Lighting Company to install the
following lights :
One 10.0 cp light on Pole #4, Fanning, Road, . New Suffolk.
Remove light from PILCO pole #3 and place .on LILCO pole #2, Fanning Rd. ,New Suffo;
One 175 MV light on LILCO pole #32 at intersection of Old North Road and
Horton Lane, Southold.
One 100 cp on LILCO pole #46 on Hortons Lane, north of intersection,Southold
One 175 MV on NYT pole #510 intersection of Rt. 27 and Ruch Lane, east
of town beach, Southold.
One 175 MV on LILCO pole #5 at intersection of Jennings Rd. and Booth Rd. ,
west of' Hortons Lane; 'Southold.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine and
Rich; Justices Demarest and Suter.
t
Recess was called at` 4:30 P.M. and reconvened at 7 :30 P.M.
Moved by Justice Demarest; seconded by Justice Suter;
RESOLVED: That General Bills in the amount of $16,070. 57 ; Lighting District
Bills in the amount of $4,463.87 ; Capital Accounts in the amount of $3, 506. 22 ;
Fishers Island Ferry District Bills in the amount of $36 , 845.30 and Highway
bills in the amount of $18, 130.60 be and the same are hereby ordered paid.
Vote of town Board: Ayes-Supervisor Martocchia; Councilmen Valentine and Rich;
T." es Demarest and Suter.
Moved by Justice Demarest; seconded by Councilman Rich;
391
RESOLVED: That Paragraph 4 of the Highway Specifications, which requires
the highway on water front property to hate access to the water be waived
with regard to Subdivision Map known as Mattituck .Hi'11s, owned by Louis
F. Simeoni and Joseph Micari, -
BE IT RURTHER RESOLVED.: That a copy of this resolution be transmitted to
the Southold Town Planning Board.
Vote of Town Board: Ayes-supervisor Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Councilman Valentine; seconded by Councilman Rich;
RESOLVED: That the Town Board approves the action of the Fishers. Island
Ferry District in advertising gor bids to haul the ferry boat OLINDA for
inspection and repairs, and be it further
RESOLVED: That the request for bids be advertised in the Local papers of
Southold Town.
Vote of Town Board: Ayes-Supervisor,- Martocchia; Councilmen Valentine
and Rich; Justices Demarest and Suter.
Moved by Justice Suter; seconded by Justice Demarest;
RESOLVED: .That the Town Board approves the 'action of the Fishers. Island
Ferry District in advertising for bids to have underwater spiles cut off
where the boat ties up at the New London Terminal.
Vote of Town Board: Ayes-Supervisor Martocchia; Councilmen Valentine
and Rich; Jis tices Demarest and Suter. ^'
Mr. Gallagher, Mattituck, N.Y. appeared before the Town Board requesting
more information on taking over a road known as Donna Drive and Theresa
Drive owned by Frank Zaleski. Town Attorney explained at great length that
Mr. Zaleski had not met with the highway specifications and had not ded-
icated the roads to the Town:
The League of Women Voters presented a letter requesting the immediatee
enactment of a vital wetlands ordinance.
Edward Latham spoke against one acre zoning.
Mrs.. -,Lytle spoke on preservation of wetlands. Also on the damage being, done
by erosion -on the Sound Shore from Peconic Inlet to Horton Point, .Southold.
Mrs. Johnson stated that something should be done to force the farmers to
put a cover crop on farmland to prevent dust storms. .
Adjournment.
Albert W. Richmond
Town Clerk