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HomeMy WebLinkAboutTB-04/20/1971 39,� MEETING OF APRIL 20, 1971 The Southold Town Board met at the office of Supervisor Albert Martocchia on Tuesday, April 20, 1971 at 7 :30 P.M. with the following present: . Supervisor Martocchia, Councilmen Rich and , Valentine, Justices Suter and Demarest, Town Attorney Tasker, Supt. of Highways Dean, and Town Clerk Richmond. absent : Justice E. Perry Edwards. Moved by Justice Suter, seconded by Councilman Rich;' RESOLVED: That the minutes of April 6 , 1971 be and they hereby are approved. Vote of Town Board: Ayes- ALL. Moved by Councilman Valentine, seconded by Justice Suter; RESOLVED: That- the next meeting of the Town Board will be held at the office of the Supervisor Albert Martocchia, 16 South Street, Greenport, N.Y. on May 11, 1971 at 3 :00 P.M. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman- Valentine, Justice Suter and Justice Demarest. Moved by Justice Suter, seconded by Councilman Rich; WHEREAS , The Town Board of the Town of Southold advertised for bids for the operation of the refreshment- stand and facilities at the Town Beach on March 19, 1971, and , WHEREAS , after study, it was recommended that the bid of Custodia Brandi of $700. 00 per annum be accepted by the Town Board of Southold, N.Y. , NOW, THEREFORE, BE IT RESOLVED: That the Supervisor be directed to enter into a contract with Custodia Brandi for the operation of the Town Beach Refreshment Stand and Facilities for a period of five (5) years in accord= ance with the corrected terms set forth in the specifications prepared by the Town Attorney. Vote of the' Town.. Board: Ayes : Supervisor Martocchia , Councilman Rich, Councilman Valentine, Justice Suter and Justice Demarest. At 3 :00 P.M. on March 31, 1971 in accordance with the notice published according to- law, bids were opened for the Southold- .Town PoliceLBu.ild.ing. The following bids were submitted as follows : #1 John McMahon & Co. , Yaphank 5% Bond $ 78 ,"500. 00 #1 Russell Nowak Assoc. , Wading River 10% Bond 78, 780.00 #1 George Ahlerrs , Cutchogue . 5% Bond- 78,-301. 00 #1 Gerline Contracting Corp. , Bayport $5000 Bond 96, 000.00 #1 Farley Labs Inc. , Babylon 5% Bond 83 , 998. 00 #1 Ohlson & Giangrasso, Babylon 5% Bond 85 , 231. 00 ##2 Morschel Sheet Metal, Matt.ituck #56-3 C. . Check 11, 250.00 #2 South Shore-_Refrigeration. Inc.. , Rgre #704 :C.. Check 14, 086.00" #2 Tota1 Air Cond. , 'Inc. , Deer Park : .10% Bond 10.,400 .00 #2 Cab"aret Cooling & Hag. , . Jamesport, -5% Bond 11,495 :00 #3 Matt. Plumb. & Htg. Corp. , Mattituck $386. 50 C. Check 7 , 730 .00 #4 Thelc-o Elect. Contr. Inc. , Hauppauge 5% Bond- 22 , 750 .00 #4 Hinck Elect. Inc. , Islip Terrace 5%_ Bond 16 , 990. 00 Total =- 113, 620.00-. Moved by Justice Demarest, seconded by. Cou.nc,i.lman.. Valentine; - WHEREAS, George Ahlers, has requested his bid be withdrawn for: the build- ing of the Police Building, due to. union trouble, stating it- would cause . trouble for himself and delay for the Township; RESOLVED: That George Ahlers be and hereby is granted permission- to-with- draw his bid: Vote of the Town. Board: . Ayes-: Supervisor, Martocchia; Councilman Valentine, -Councilman Rich, Justice Demarest., No: Justice Suter. Moved by Justice Deemaresa;. -seconded_ by Councilman. Rich; c _ WHEREAS, the Board reported that the next lowest bid on the 'PolicelBuild- ing- was submitted by John McMahon & Co. , Yaphan),., . N.Y. , c NOW, THEREFORE, BE IT RESOLVED: That Albert: Martocchia, Supervisor, be and he hereby is directed to enter into a contract with John McMahon & Co. for the building of a police building as advertised at a cost of $78, 500. 00. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rieh, Councilman Valentine, Justice Demarest. No: Uustice Suter. Moved by Justice Demarest, seconded by Councilman Valentine; WHEREAS , the Board reported that the lowest bid on the Hearing, Ventila- ting and Air Conditioning for the Police Building was submitted by Total Air Cond. , Inc. , Deer Park, N.Y. , NOW, THEREFORE, BE IT RESOLVED: That Albert Martocchia , Supervisor, be and he hereby-.is directed to enter into a contract with Total Cond. , Inc. , Deer Park, N.Y. , for the heating, ventilating„and air ' conditioning of the police building as advertised at a cost of $11, 400.00. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Valentine, Justice Demarest. No: Justice Suter. Moved by Justice Demarest, seconded by Councilman Rich; WHEREAS, the Board reported that the lowest bid on the Plumbing and Sanitary Work for the Police Building was submitted by Mattituck Plumbing- and Heating Inc. , Mattituck, N.Y. , NOW, THEREFORE, BE IT RESOLVED: That Albert Martocchia, Supervisor, be and he hereby is directed to enter into a contract with Mattituck Plumbing and Heating, Mattituck, N.Y. for the plumbing and sanitary work as advertised at a cost of $7 , 730.00. . Vote of the Town Board: Ayes : Supervisor Martocchia , Councilman Valentine, Councilman Rich, .Justice Demarest. Ne: Justice Suter. Moved by Justice Demarest and. seconded by Councilman Rich; WHEREAS the Board reported that the lowest bid on the Electrical Work for the Police Building was submitted by Hinck Electric, Inc. , Islip, Terrace, N.Y. ; NOW, THEREFORE, BE IT RESOLVED: That Albert Martocchia, Supervisor, be and he hereby is directed to enter into a contract with Hinck Electric, Inc. , as advertised at a cost of $16, 990.00. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Valentine, Justice Demarest. No: Justice Suter. Moved by Justice Demarest, seconded by Justice Suter: RESOLVED: ,That a public hearing will be held by, the Town Board of the Town of Southold on the llth day of May, 1971, at the Supervisor ' s Office, 1'6,, South Street, Greenport, New York at 3 :00 o' clock P.M. of said day upon the matter of the application of Long Island Light- ing Company requesting the granting of a right, Franchise, permission or consent. for the use of the streets, highways and public places of the Town of Southold or any part thereof or the space above or under them or any of them for the purpose of erecting, maintaining and operating electric and gas facilities . Vote of the ' Town Board: Ayes : Supervisor. Martocchia, Councilman Rich, Councilman Valentine; Justice Suter, Justice. Demarest. Moved by Council-man Valentine, seconded by Councilman Rich; RESOLVED: That on the Certiorari Proceedings, Mr. Joseph Lite appeal before' the Hon. John P. Cohalan, Jr. on Monday, April 19, 1971, and .the following cases were marked settled: Beling, Corwin, Bennett and Raymond, Greenport Play, House, and further RESOLVED: That the Board approves of the action of Joseph Lite on this case. Vote of the Town Board: Ayes : Supervisor Albertson, Councilman R=ich, ' Councilman Valentine, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Valentine; RESOLVED: That the following Ordinance was passed by the Town Board: "An Ordinance to provide for a partial tax exemption of real property owned by certain persons with limited income who are 65 years of age or over, pursuatt to Section 467 of the Real Property Tax Law of the State of New York. " as : follows , to wit : 3' la= Se6t2oni1: 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 years of age or over, shall be exempt from town 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 dateof making application for exemption exeeeds the sum of five thousand dollars . Income- tax year shall mean the twelve month period for which the pwner or owner's 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 earn'ings,- 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 con- secutive monthsp�ior to the date ' of making application for exemption; provided, 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 vittue of devise by or descent from the deceased hu"sband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed 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 exemption 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 legal. 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 prescribed 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 theappropriate- taxable status date, the assessing authority shall mail to each person who was granted exemption pursuant to this .ordinance- on the latest completed assessment 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 of the-,payment of the taxes- on property owed by such person,. - Section 5 . - Any conviction of having made .any wilful -fa-Ise--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-- shall take effect immediately. Dated: April 20; - 1971: - Vote of the Town Board: - Ayes : Supervisor Martocchia, Councilman Rich, Councilman Valentine,' Justice Demarest, Justice Suter. Moved by Councilman- Rich, -seconded by Justice ' Suter; GRANT OF 'SCENIC EASEMENT THIS INDENTURE, made this 9th--day of March, 1'97-1;. by and b'etwe'en" THE TRUSTEES :OF THE PROPRIETORS OF THE COMMON.AND: UNDIVIDED LANDS OF THE TOWN OF SOUTHOLD, A Corporation with offices at Main Road (no number) Southold, New York; ( "the "Grantors") , sometimes hereinafter called-=the' 400 "commoners.; " and.-. the TOWN OF SOUTHOLD, a Municipal Corporation of the State of New York; having, its o.ffic,es, at ,16 South Street, , Greenport, Suffolk County, New York, . (the: "Grantee") . . WHEREAS, the g-rantors- are . the owners- of .sever.a l parce.ls of. land ,. . consisting of several meadow islands in the channel of East or Eugene' s Creek at Cutchogue, gown of- Southold, Suffolk. County, ,New York, : an-d shownand designated-on .a . map: annexed hereto, and .masked Exhibit.:,"A" ; and hereinafter. referred to as the "premises : ' and WHEREAS, said premises: constitute an area of; natural scenic beauty whose existing.- openness, ,natural- condition,, or present state of use., if retained would enhance the present or, potential value- of abutting and . . surrounding properties-, and wouldmaintain or enhance the conservation of natural and scenic resources; and WHEREAS, the grantors wish .to grant a scenic and-. conservation _ easement. to :.the grantee upon the -premises ; and : VV, WHEREAS, the.,gran-tee:•deems it to be .in . the..public :.interes t to acquire: interests or r.ights -in- real..property for_ the preservation of open. space- and- areas to preserve: the beauty-and.-natural conditions of estuarine areas in the Town of Southold; and WHEREAS, .Section 247 of the General Municipal- Law of the , State of New York provides :that municipalities, including-. Towns, may acquire the fee or a , lesser interest,. development ,right,.- easement- convenant, or otherccontractural right. in_ and to real property necessary . to achieve- the aforesa.id. purposes; and WHEREAS, the grantee,.-in furtherance of the-..above--policy. and in . accordance with Section 247 of .the General -Municipal Law wishes to accept the scenic. and- conservation easement hereby proffered by the- grantors,, - .and . WHEREAS, - a, public hearing: was- held by the :Town Board of the :.Tow-i of Southold, after due notice thereof, with respect to the terms and conditions embraced herein, at which:-,public hearing ; all interested, persons were given an opportunity to- be heard; and . - ; : , NOW, THEREFORE; inconsideration of ONE ($l 00) DOLLAR,:and other . good and valuable considerationppaid by the grantee to, the. gra.ntorsi the receipt. ,o,f which .is hereby acknowledged, ,this agreembrt witnesseth that: 1: I The Grantors do-. hereby_ donate,, grant., . transfer and convey. to the Town of Southold a scenic easement in gross, of the nature, character and to the extent hereinafter set forth over and upon. the premises ; l . 2. The nature, character and extent of the- easement hereby granted: is as follows :. .(a) No.: dredging, excavating or.- land fill operations shall be authorized..or permitted: in.. or on the premises; (b) No permanent buildings or structures shall be placed , or erected. on the premises; (c) ­_..No development of any nature whatsoever shall be. permitted on the premises or in- the waters or 17ands under water adjacent thereto (d) The grantee and kits authorized agents shall have the. right of inspection of. the. premises. at any time during the term hereof. (e) The premises shall not. be used, or: permitted to .be- used as a public park.. (f) No sand, gravel, or other material,-except . salt hay, thatch, seaweed or •drift. shall be removed from the premises, nor shall any. sand, , gravel :or other materials be placed upon: tilde- premises. .:3. - The.:nature; - character: and extent of limitations on . the within grant of easement are- as follows : ; (a) Notwithstanding the provisions hereof, the premises shall remain in the exclusive possession of the grantors. - - . . -- (b) All right, . interests, and. priviledges of the: granto.rs... inathe premises not- herein specifically donated, granted, transf.err.ed . and conveyed shall remain and reside with the grantors. 4. This agreement may be cancelled by the. gra,ntors -upon sixty (60) days written notice ::to the ,grantee :and ;upon payment to, the grantee ofa sum equal - to three times the difference between the amount of real estate taxes paid or assessed against the premises,-and the amount of real estate taxes _that would be assessed against the premises had . the premises not been..burdened with the provisions of -this .instrument, .both-., computed in the tax year in which the cancellation shall take place. 4 Upon payment; of -such sum; -the grantee-, shall execute and: deliver, .to the grantors a,-release• of easement instrument in .recordable-, -form. - . . .. . 5 : In the event that the grantors desire .to- depose of the premises or any party thereof, during the term of this. agreement, or any renewal or extension thereof, by sale, gift, or otherwise, the grantors shall give the grantee 30. days notice of .such proposed .dispos.ition and: the terms thereof. The grantee shall have the first' option to acquire the premises within said .thirty (30) -day, period on. the same. terms as any such proposed dislbosition. -6. The -failure. of the grantee' to, insist upon the strict performance of any of the terms, conditions, covenants or restrictions contained . . herein, shall not be deemed a waiver of any subsequent breach or, default in the--terms , conditions!, ,'covenants ,. or restrictions,, contained ;herein. 7_. If the whole or .any. part of the pr:emis:es shall be condemned or taken by eminent 'doma-in, then-this agreement shall .forthwith' cease from the date of title vesting in such proceeding. In such event the: grantors shall be .required to.- pay.- no penalties, nor shall the value of the premises be limited .by .this easement, :nor shall any part of any - award belong .to the grantee.= 8. The grantee covenants that to the extent legally- permissable the valuation placed upon the premises- for purposes' of -real estate tax- ation will be limited by the restriction of this scenic ease.ment 'in accordance with Section. 247 :of the General Municipal Law of the State of New York. - 9. A1.1- -of the covenants, --conditions., reservations, .-,restrictions, easements and provisions of this agreement shall continue and remain in effect until the 31st day o.f .December,. 1981, a-t which time all .of the provisions hereof shall be :automatically .extended for successive periods- of one - (l) , year,. unless on or before 'the 30th day ot- September,- 1981, or 60 days preior to the end of any. bf such. extension -periods,._ either party hereto shall' be. written. -instrument .dua-y recorded duly recorded in the Suffolk. County Cl.erk ',s .Off.ic.e: de:terarine to terminate the same. 10. The burden of this easement shall run with the land:.and ,shall- be binding upon.- the parties here•to;--:and their successors and assigns. Vote of: the' Town Board:. Ayes.: Supervisor Mar.tocchia, Councilman-:Rich, Councilman Valentine, . Justice Dematest; ,-Justice ..Suter. Moved-by- Justice Demat.est, :se-conded by Justice 'S.uter; . : .GRANT1.OF SCENIC:.AND�CONSERVAT=ION EASEMENT THIS INDENTURE made byis 9th day of:-,March :1971-, :by, and.:between the, TRUSTEES OF THE PROPRIETORS .OF :THE .COMMON: AND .UNDI-VIDEDiLANDS OF THE TOWN OF SOUTHOLD, a corporation with office at Main Road (no number) Southold, New :York;: . (the- P.gr.antors",).:, sometimes here inafterca1led "The Commoners, " and the Town of Southold, a Municipal Corporation- of. the -State..of New York .hay.ing .its ,office: at :16 -South Street, Greenport, Suffolk. County., New York, - (the:: "gran-tee") WHEREAS, the grantors are the owners of a certain parcel of land cnnsisting ,of .eighteen and one-.half (18-1/2) acres:, .more,.or less, of . beach and meadow adjacent to Little: •Cr_eek:-.in:,.:the: Hamlet, of Peconic," Town of Southold, .Suffolk .County,. .New York, -.gerieraily bounded northerly by lands now or formerly°,of Kull,,­Horton -and .others; easterly by Little Peconic Bay; southerly by lands now or formerly of -Standley and Scheel, and westerly by Little Creek.,; said -lands beings- shown and .de-lineated. ona certain map entitled "Map of -Land .of :The •.Commone'rs .at Peconic, Town. of Southold, New York, " made. by .Vani:Tuyl & :Son, ,,Licensed Land Surveyor, Greenport; New York;- dated February: .4, 1971, a _copy .of .which: is annexed' hereto and made -a part hereof; which said. =lands :.are -hereinafteri re:f-erred to as th:e: '."-premises, and. WHEREAS, said premises :cons.ti•tute. an area :of .rratura)l scenic beauty and whose existing openness;.. natural: condition,,. 'or. present state:-of use, if retained would enhance the: present or potential- value of -abutting and surrounding properties and would maintain or enhance the-conservation-of natural and-- scenic-.resources;., and- WHEREAS, the grantors wish to grant a s:cenic : and conservation -ease- ment to -the 'grantee upon;,the.-premises:; . and-. : _ . .. , -.. WHEREAS.; the ..g.rantee deems 'it to -.be in the public interest to. :acqure interest or..;rights--in- real -'property for. the.-preservation, of open: spaces. and areas to preserve .the beauty' arid :natura-1 .conditions, iof .estuarine areas in the Town of Southold; and 402 WHEREAS:,: �Section..24.7 of the-;General., Municipal: Law. of- .the. .State of New York pr.ov.i.des. that- municipalities, including, Towns,, ; may...acquire.,.the fee or. a -1ess.er interest, development. -r.igh-t., ea-s.ement, . co:vena.nt or, other contractual. right in and to .re.al•..pro.perty.: necessary. ;to achieve.,,-the- afore- said• purposes and WHEREAS., the-:.grantee;.-.-in•-fur.th.erance of the .above- policy: and.:in accordance, with Section 247-- of :the General:• Municipal. Law wishes .-to accept the scenic and conservation. easement hereby pr:of.f.esed: by .the. 'grantors;-..and WHEREAS, a public hearing was held 'by the.. ..Town .Boa.r;d of:.the- .Town ,o;f Southold 'af-ter: .due-• notice thereof,. :with. respect to. the _terms and conditions embraced- her.ei-n., . at which public hearing .all: interested-;persons were. - given an opportunity to: be .heard; . NOW, THEREFORE, in condideration .of ONE .($.1-.0.0:) DOLLAR• :and; other good and valuable considerations- paid by the g.ran.tee .to. the. grantors , the receipt of which is. hereby--.acknowledged, this. .a.gr_eement. witnesseth :. that: 1. The grantors-do hereby donate, gr:ant,.. .-tra.nsf,e_r- a-nd. -convey to the Town of:.Southo-Ld:, .a .scenic: and_:c.on-s:er.vation easement ..in: '.gros.s , of the nature, character and to the extent here-inafter set forth.,. :over, and- upon .the premises. - 2. .The .nature.,.i character-. .and extent of-:the ea.semen't hereby granted is. as follows.:_ (a.) No .dredging:,.: :excavating, or. land: -fill operations, shall be authorized or permitted in .or on the premises excepting. that the existing -dredged channel-. of .Litt.le .Creek may.- be deepened, ,upon. approval .of the Southold Town Board-of Trustees :and the- Southold Town Board. Such .channel de.epening,. .shal-1 not,- however,. extend -beyond: . . the limits _of the channel :as, shown on _the :annexed.. map.. :In the:..:event said channel. is :deepened, ..all .of the. spoil. mater.ia,l .therefrom -tsha_ll be used .to :raise the berm .of the beach; _ <_(4b):. Except . .provided in. paragraph 2 (c) no develp- ment .of any kind shall. be permitted .n.or _sha:ll. any.. commercial .use be ; made of the premises including the beaches or underwater lands , adjacent to. the .premises ; (c) _ Except .for: .the :erection of duck blinds ,to pr.o.jOct not more than two (2) feet above. ordinary :high water, ..to: remain on. the premises only -during -they _permitted- hunting season,: no building:s_ or structures shall be placed or erected on the premiss, nor shall the premises be used or, permitted ,to., be, used .as -a .publ.ic .beach,- .or .park. (d) No gravel-,. . sand'peat, ..or. other'.material, except salt hay, .thatch, seaweed or: drift shall be. .removed from the.-premises , nor shall any sand, .gravel or other materials .be -;p--laced. upon the :,. premises ; _ (e) No roadways or driveways shall :.be constructed on the premises;. . . (f) The grantee and its .authorized ,agents. shall--. -have the right or inspection of the premises at-.any .and :all .times during '. the term .hereof. i 3 . The nature, character- and extent of limitations on .the- within grant of easement-are, as •:follows (a) , .Notwithstanding. ,the provisions hereof,.: the .premises shall remain at .all -times .in .the..exclusive. pos.sess.ion. .of .-the , grantors. (b) All• rights, inter.ests _anal. privileges of ,the, grantors in the .-premises not herein specifically donated,, granted, transferred and conveyed. shall .remain and reside. with the. grantors. _ . : :4.. This .agre-event may:-be cancelled by. the .grantors upon . sixty (60)1 days .written notice to .the -grantee -and. ;upon payment ..to.. the grantee of a sum .equal .to .three ;times :the ,difference..be.tween the, amount of real estate taxes paid or assessed against the premises and the .amount of .real .e:state. taxes that would be ,assessed ,against the premises had .the premises, ,not- been burdened .with the provisions of this :instrument, both computed. in .the .tax year. :-in which -the cancellation shall take place. Upon payment of such . sum, .the grantee shall execute and deliver to the grantors a .-releas.e of :easemen.t_ instrument in recordable ..form. 5 . In the event that. the, .-gran-tors desire• todispose of .the premises,- .:or. any part ther-eof., during. the_ term :-of this .agreement, .or any renewal or extension .thereof,. .by sale, gift,, .or otherwise,- the.. grantor shad-1 _give the grantee .30_ .days-- notice of, such proposed __ 4-0 3 dis,pos it-ion, and : the terms. thereof. - The grantee shall' have the . first option to acquire the premises with said thirty +30) -day period. on the . same terms as any such proposed disposition. 6. The failure of the grantee to insist upon the strict- perfor- mance of any of the terms , conditions,- convenants , or restr-ictions _ contained herein, shall not be deemed -a waiver of any subsequent breach or default in the terms , donditions, convenants-''or restrictions':-.contained herein. 7 I`f the whole or any part, of. the' premises shall be condemned or taken by eminent domain, then this agreement shall forthwith cease .from the date of title vesting in such proceeding. In such event the grantors shall be required :to pay no penalties),: nor shall the value :of 'the premises be limited by this easement, nor shall any -part of any award. belong to : the grantee. - 8. -The grantee covenants that to the extent legally permissable the valuation placed upon the premises for purposes of real estate tax- ation will be limited by the restriction of this scenic easement in accord- ance •with Section 247 of the General Municipal - Law'. of the State of New York.- ' .. . 9: All of the covenants, conditions, reservations, restrictions, easements and provisions of this agreement shall 'continue and remain in effect until' the 31st day of December, 1981, "a't which time all "of: the provisions hereofshall be automatically extended for successive periods of one (1) year, unless on or' before the 30th, day of September 1981, or 60 days prior --to the end of any such extension periods , ' either party hereto shall by written instrument duly recorded : in the Suffolk County Clerk ' s Office determine to terminate the same: 10. The burden of this easement shall run with the land and shall be binding upon the parties hereto, and their successors and assigns. Vote of the Town - Board: ' Ayes : Supervisor Martocchia;. Councilman Rich-, Councilman Valentine; -Justice 'Suter, Justice' Demar-est. Moved by Councilman Valentine, seconded by Councilman- Rich; WHEREAS, A. Gordon & Lucy J': Ahman requested a -change,.of zone"-on Fishers Island; N.Y, from "A" -Residential &, Agricultural ,District to"B=2 Business District, -dated"February 22 , " 1971, and - WHERMS, W. ,Gordon Ahman has requested his application- .be- withdrawn- in writing, dated April 7 , 1971, NOW, THEREFORE,' BE IT RESOLVED: ' That Gordon Ahman' s( request= be granted. Vote of the Town Board: ' Ayes : Supervisor" Martocchia, - Councilman., Rich'," Councilman Valentine, Justice Demarest, Justice Suter. Moved by 'Justice Suter, �seconded- by Councilman-Valentino WHEREAS Fishermans Beach "Association; " Nassau Point,- applied' to the=-Town Board for financialassistance in dredging the entrance of creek, NOW, THEREFORE, BE IT RESOLVED: That Supervisor Martocchia be andhe hereby is authorized" to contribute -half of- the total. cost up to but not to exceed the sum of $475.0"0 toward the cost of 'dredging the "entrance of the creek. . I ( - Vote of the Town Board: Ayes : -Supervisor Martocchia, Councilman -Rich; Councilman Valentine, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Valentine; = RESOLVED: That the Southold Town Board accept bank books and withdrawal slip of $59, 504. 39 as recommended by the Southold Town Planning Board, for roads, drainage, and other"improvements, ,-approved 'by Construction: Engineer and Highway Superintendent, in the 'subdivision known as Leeward Acres, developed-by .'Leeward .Acres , Inc. Vote of-the Town = - Board: Supervisor Martocchia, ,Justice, Demarest; Justice-:Suter:, Councilman Rich, Councilman Valentine. Moved by Justice Demarest; seconded by Justice Suter; WHEREAS Gus Schad has- applied to the- Town' of Southold in the matter of� the grant of a Scenic- Easement consisting of a parcel= of land containing 16. 788 acres; s-ituated- on"jthe north-side of North Road (Route 25) -near- Greenport, in the -Town "of Southold, !:Suffolk Cbianty, ," New" York;� ' ,.I .- NOW, THEREFORE, BE IT 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 llth day of May 1971 at 7 :30 P.M. on the abovementioned scenic easement. 91®4 Vote -of -.the Town:Board::, :Ayes.: Mr- Ma.rtocch:ia,. . Councilman, Va.len,t.ine,.. Co.uncilman .Rich, ,Just;ice Suter, _Jus;tice_•;Demarest., Moved by Justice D.emar.est, ._seconded: by: Counci:lman Valentine; ; RESOLVED: That- .the following conditions and restr- ictions :be, placed,=on , the . selling, and .taking .:of :,fill: from .Town Disposal;,Area : ; Operating --onl.y on. Monday .and •.Thur,gda:y, each w_e•ek:.,f.rom ,9,;,00.. A.M.,,to ..-3::00 P.M. No more: than 15:0- cubic :,yards .be_::sold:,to any one .person. per week, per site. Location - of-placing of ;fill ..on ticket. Ticket dated. ,.;. - FURTHER RES.OLVED:-.,- That .,the, ;cos,t pe.r_:.cubi,e., yard,.be 759', :;plus,..ta,x,, •as of April 21, 1971. Ayes.: Vote of the Town Board: ./Supervisor Martocchia, Councilman Rich, :.,,,.- Councilman Valentine, ,Justice•-,Demares;t, Noy::Just ce:-,S,uter. Moved by Councilman Valentine, seconded by Justice Demarest; WHEREAS, a - peti:tion wa;s. rec.eived. from :Frankl:yn Born,.. Treas. , - Casbor, Inc. , Mattituck, N.Y, requesting a change of zone of certain property in Matt,ituck,, :New York.; said petition for a ,change of zone from "A" Residential -and A.Gricultura,l: District ,to "B-2 " District;., NOW,. THEREFORE, BE.;IT RESOLVED: . That, ,the- Town Clerk of the :Town of Southold be and_he. hereby ,is:. directed ..to• transmit this ::a.pplication to th.e .Planni.ng Board in .accordance--with ,Section . 901, Subdivision C . of Article IX of .the Building, Zone, Ordinance ;of the sown of Southold. Vote of the. Town.,Board: :Ayes :,_ Supervisor, .Ma.rtocchia., ,,Councilman. ,Rich, Councilman Valentine, Justice Suter,, Justice..Demarest. :.:, Moved by Councilman Valentine, seconded. by :Justice.,Suter; WHEREAS,.,,The.,term of o.f:fice .of _.;Rober,t..Bergen, Mattituck, , N.Y. ,,. as..a,..:_ member of the Board .of appeals of -,the Town of Southold, ;expires Apri_1 19, 1971, and WHEREAS, in the_..past, .as ,a: .member•,of ,the, Board_:of. Appeals,, Robert Bergen has rendered the ,Town .of. .Southold a most valuable service; NOW, THEREFORE, ,BE IT. RESOLVEDc, That Robert Bergen- be and :he, hereby: is appointed as a member .of the- Southold Town Board of Appeals for a. ,term of five (5) years .. ;,commencing-April 1.5, 1971..and_;ending April 19, 1976. Vote of the Town .Board:: , Ayes :- : Supervisor Martocchia; Councilman Rich, Councilman:Valentine :Justice ,.S,uter,). .Justice-.Demar,gpt. Moved by Councilman Valentine, seconded by Councilman Rich; WHEREAS, the term of , office. of •Frank Coyle, ;Gr.eenport;, N,Y:;. as ,a member of the :Planning. Board .of. the Town of..Southold expires;,April 30, 1971 and WHEREAS, in the past, as a .member of the Planning Board, Frank ,Co,yle,, has rendered the. Town of Southold a ..most valuable service, NOW, THEREFORE BE , IT RESOLVED: That Frank Coyle, be and .he.,hereby. ,is appointed as a member of the Southold Town Planning Board fora term of five (5) -years commencing April 30, : 1971,: and ending,.Apr•il. 30, 1976 _ = Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Valentine,: Justice .Demarest, justice Suter. Moved. by Councilman Rich„ .seconded by Justice ,De,marest; RESOLVED: „That .$2500.,00, be .and hereby .is transferred from Contingent- . Fund Town to,. Town., Board Expenses., Vote of the Town Board: Ayes : ;.;Supervisor..Marto.cchia, ;.Councilman .Rich, Councilman Valentine.,. Justice De,marest,. .Justice . Suter. ,,. _ Moved by Justice Suter, seconded by Councilman Rich; RESOLVED: That Supervisor. Albert. Martocchia be ..and he hereby...is authorized to hire Judith Boken . stenographer .to• the Town Clerk until the Civil Service list is received. Effective April 16, : 1971. ,. Vote of the Town Board: Ayes: ..-Supervisor• Martocchia, Councilman Rich, Councilman Valentine, . Justice . Dematest, . Justice_,Suter. 0S A .petition was received from students of Cutchogue East School, respect- fully requesting the Southold Town Board to please pass' a • strong `law now, which will protect :o.ur. :wetla.nds� =before- they, arb--`all 'destroyed-. ' They state: "We want to be. able to,•continue -fishing -in- these"waters , and `digging clams that we.' can, eat, and swimming in unpolluted waters., through; the years that we are growing up. " - Presented by Tom Wacker. Mi,ss.-Terry .Harnan presented. the Wet Lands':Ord-inan'ce t'o the Board:" "Southold Town .Conservation.Advisory Council, - South'dld'; N.Y.', Apr'il­ 20, 1971. ,_;Gentlemen: : As a..member. of the Southold- Town Cons°ervatioi Advisory Council. I• am here. to .pepresent' theme in .presenting�,the 'Town' Board 'formally with a,,copy.,•of. the -proposed:-Wetlands Ordinance fbrtSbLithdlfli Gown. "This is the fourth draft of a Wetlands Ordinance that the Council has submitted to the. Board. As you know, it was - first offered in'- March, 1970, and, at ,the. Board's ,request, .hasp been, reworked and submitted twice since then, while portions. of•-the tidal lands--have been-•disappearing every' day. "In an effort to meet the Board' s remaining objections and"6dgge6tibhs1,' the Council has -.obtained- the help of Town Attorney' Robert'-Tasker; who`-has most competently prepared the present ordinance which -we ard`submitting this evening. We .feel• .this 'ord.in'ance i.s a- good one -and' we urge its= adoption without -delay.. .. . "Thank you. Submitted this day by Terry Harnan; Secretary of the Southold Town :.Couser-vation Advisory Council. " Paul Stoutenburgh'. spoke on wet lands, requesting' that all landfill must be seven-. (7) feet ..above ;high tide. ''He -al-sa,requested that all easements be for ..a longer,. period of time.- Robert Douglas pr..otested the •new restrict-iori"s ,on the 'purchasing of sand at the disposal area,,' ,stating that;1150 cubic T yards per, week was --too `small and force them ou.t. of business.- Paul Stoutenburg_.wants.:sandt restricted, to 'up''land• :`.and° not 'be a-llowed -on wbt lands. ,. Adjournment. - ..-. . _. Albert W-.-, RicYimond _ .Town >Clerk .