HomeMy WebLinkAboutTB-10/10/1978 A s�
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SOUTHOLD TOZn1N BOARD
October 10, 1978
A regular meeting of the Southold Town Board was held on Tuesday,
October 10, 1978 at the Southold Town Hall, Main Road, Southold.,
New York. Supervisor Martocchia opened the meeting at 3 : 00 P.M.
with the following present :.
Supervisor Albert M. Martocchia
Justice Martin Suter
Justice Francis T. Doyen
Councilman James Homan
Councilman Henry W. Drum
Councilman William R. Pell III
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
Town Clerk Judith T. Terry
On motion of Justice Suter, seconded by Councilman Drum, it was
RESOLVED that the Southold Town Board minutes of regular meetings
held on Se tember 26 1978 and October 3 , 1978 be and hereby are
ap roved as submitted.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia:
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Justice Doyen, it was
RESOLVED that the-next regular meeting, of the Southold Town Board
will be held at 3 : 00 P.M. . October 24, 1978 at the Southold Town
Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,.
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that the following audited bills be and hereby are approved
for payment : General Fund Whole Town bills in the amount of _ 31, 736. 6 ;
General Fund Part Town bills in the amount of $14, 222. 56 ; Highway
Department bills in the amount of $15 , 482 . 90; Fishers Island Ferry
District bills in the amount of $27 ,441. 42; Federal Revenue Sharing
bills in the amount of $10, 940. 04.
Vote of the Town Board: Ayes : Councilman Pell, Councilman .Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Pell, seconded by Councilman Drum, it was
RESOLVED that the September 1978 reports _of the Supervisor, Town
Clerk, Building Department, Assessors , Justice Rich, Justice Suter
and Town Trustees be and hereby are .received and ordered placed on
file.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
Supervisor Martocchia:
1. Receipt of the March 1978 water table map of Suffolk County
showing the water table contours and the location of observation
wells in each of the ten towns . The accompanying letter from the
Suffolk County Department of Environmental Control indicates a water-
table rise of greater than 12 feet was observed at many observation wells
located in the major recharge areas of each of the ten towns .
2. Receipt of ,a request from the Lagoon Association of Nassau
Point for financial help in dredging the Sol4th inlet on Nassau Point.
There are no funds rem ring in the 1978 budget for this type of
e
work and it will be in abeyance for the 1979 budget.
3 . Letter from Shirley L. Bao rao , Southold urging the Town
Board to consider additional mon ies ,for the local libraries . This
DC°f ' `019 8"
matter will be considered at the proper time.
4. Letter from the--Port of E"pt Marine .Inc. , Southold, proposing
to maintain the channel markers at the mouth of ]Kill Creek for the
next five years at the price of $75 . 00 per year. The Board would
like further details before entering such an agreement.
5 . Letter from-Holzmaclaer. McLendon and MJaZrell,P..C, relative
to a study for the scavenger wastesdisposal at the Town landfill .
The funding for this study would be 75% federal, 122 state ai and
the balance 12% by the Town of Southold.
Moved by Justice Suter, seconded by Councilman Homan,
WHEREAS, the Town of ;%uthold has applied to the Su folk County
'Deppartment of F.�vi ronmPn�l Control for a St ),Ql,1,uti p Dischdrge
Elimination System (SPDES) permit to continue on an interim basis
disposal of Scavenger Wastes to the Town' s landfill , and
WHEREAS said SPDES permit when issued will have a compliance
shcedule requiring that Scavenger Wastes be treated to secondary
treatment standards and further requre the removal of Nitrogen
products , and
WHEREAS, the Town of Southold together with the Inc. Village 'of
Greenport is engaged in a 201 Wastewater Facility Study of the� Town
under a United Stated Environmen-tal Protection Agency(USEPA)grant,
which grant provides for 75 percent Federal funding and a similar
program of the State of New York provides for 122- percent additional
funding,
NOW, THEREFORE BE IT RESOLVED, that Holzmacher, McLendon and
Murrell, P. C. the consullants for the 201 waGtPwatgr FFnei1 ;t, ,dy
shall contact the USEPA and New York State Department of Environmental
Conservation to seek approval of conducting a separate Scavenger
Waste Study under the 201 Wastewater Facility Stud in order to
meet the requirements of the SPDES permit and to provide for Federal
and State aid for required construction of Scavenger Waste 'Facilities ;
and
BE IT FURTHER RESOLVED that the Consultants shall attend all
meetings , prepare exhibits , correspondence, applications , proposals
and modification of existing ._.contracts and other documents required
to gain approval of, the separate Scavenger Waste Study, and represent
the Town in behalf of its SPDES permit application, and
BE IT FURTHER RESOLVED that the consultants shall be remunerated
at hourly rates of compensation NOT TO EXCEED $3 , 900 . 00 . Such. 'funds
to be paid from Town funds .
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Drum, it was
RESOLVED that the Seniors Club of Southold-Peconic, Inc. be and
hereby are authorized to purchase stationery and membership cards .
said costs be paid from the senior citizen portion of the' budget.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
Supervisor Martocchia:
6 . Receipt of a letter from Mayor Joseph L. Townsend', Jr.
Village ofGreenport, stating that the Village of Greenport Board
of Trustees hereby holds the Town of Southold, -,91Effo k County: State
of New York, harmless from any acts performed undE!r the terms of
their contract for the control of animals which expired September
30, 1978 . ' It is the intent of the Village Board that the Town of
Southold will be harmless until the new contract is executed
by both parties .
7 . Letter from the—Southold Town Trustees rE:questing four
copies of the Code Qf the Tom Qf Southold. for reference and use
of the Board of Town -Trustees . It is the opinion of the Board that
the necessary material pertaining to the Town Trustees is in the
Wetland Ordinance and section of the code entitled. "Boats Docks'
and Wharves , Chapter 32" which will be made available to them by.
the Town Clerk.
8. Notification from the Corps of Army Engineers pon applica=
tion of Guy. Pancaldi for permission to construct approximately 90 feet
of timber bulkhead and fill with approximately 150 cu. yds . of sanj
and gravel regraded from existing property to prevent further erosion
of the upland at Mattituck Creek. Objections by October 28 , 1978 .
Notification from the Cnrjsof Army Enng;n-Pe= upon applica-
tion of Bernard Cosimano for permission to construct a low-profile
OCT. JL05
timber groin approximately 60 ft. in length and. to. place approximately
-
60 cubic yds. of: beach fill from upland -.source& to. control'.-be'a'ch. '
erosion at -Hog' Neck Bay, Southold. Comments by 'October 28,. .19718 .
Notification of complete application from* the' 'Department of
V or�epermission
'ae ��atn�o�n �.T..Sruby% Sterl' g Harbor ShT�Xard
t far
missio t6 �construct.
�c��np pe�r , c t ot , t:;mber buikh-6a'd
in fr-.ont---. of bulkhead for use as ba'ckfill. The s'tate.s. :th_!s
project will not have .a significant effect on the. 'env3`,ronm' en.t-.
The application may be' reviewed until October 2 6,. 19 7S .
9 . Receipt of dradg:inp: 'ach6dules from the Suffolk County
.Department of Public Works':- This -fall : Cedar feachIn ' ., 41ud
Creek Halls Creek and Gull Pond. The 'ones -frbm the spring e :
Brushes Creek, James Creek, Deep Hole *glee,k., Wes't. -Creek ' New
Suffolk, Sch6olhous-e 'Creeh, W3`Ckhams Creek,' Little 'Cr.eek. ffo—rr*ey.
,Creek, Goldsmith Inlet, Qoost 'Creek., Town Creek, Budda. -Pond, Mill—
Creek and Sterling Basin.
Moved by Councilman Drum, seconded by Justice Suter,
WHEREAS the Southold Town Planning Board and Suffolk- *Coun* ty D.epart-
ment of Planning have .prepared
ared official reports and r'ecommendation'g ,
on the ,application of William W. Schriever for a change: 'of. zo*n'e '
from "B" Light Business District to "A" Residential and AgF=Lcu Fural
District on certain property situated in Orient,- New York,' and more
. particularly bounded and described as follows : BEGINNI NG at -a point on:
the westerly line -of Tabor Road, said point of beginning being 43-7 .59
feet south. 'along said westerly line of Tabor Rad.: from, its -intersection
with the Southerly line of' Main Road; proceeding along Said westerly
line of Tabor Road the following two: courses : .(1),. South. 0. degree.s. 38
minutes East 334. 10 feet, and '(2) South. 8 degrees' 06 minutes. 30 seconds -
East 104. 76 feet; thence 'along other lands of the' 'petitioner the
following three' courses:s.: (1)' South- *82 degree's. 32 minutes" 20 s:econ' ds
West 233 . 57 feet, (2) North 0 degree's. 38' minutes Wo-st -45-9 . 74 fee't, .
and (3) North 87 degree's 47 minutes- 30 '.s:ec'onds*- East -.218.37:1 feet to 'the
westerly line of Tabor Road and the point or place 'of' BE-GINNING.. '
Containing 2. 27 acres, together with such. other lands ofthe 'petiti.oner
to the west of the westerly line of the above 'de's'cribe'd parce as- it, may
be determined lies within the :bounds, of the "B" Light Busines."s, Dis,trict.
NOW, THEREFORE, BE. IT RESOLVED that a -public hearing will be' 'held
by the Southold Town Board at 7 - 45___P,-M '.._Tues'day _NoV vember 21,. .1978
at the Southold Town Hall, Main Road, Southold, New York on the
aforementioned petition, at wliich.. time 'any person
son. desiring to be.
heard on the above proposed petition should appear at thd 'time and
place above so. specified, and .be it further
RESOLVED that the 'Town Clerk 'be 'and she hereby is' -authorized and
directed to cause notice 'of said hearing to be 'publi-shdd in the' '
official newspaper pursuant tothe requirements -of law.
Vote of the Town Board: Ayes: Councilman Pell , Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervi.sor' Mart'o'c'chia.
This resolution was declared adopted...
Supervisor Martocchia:
10. Notification from the Town Clerk. relative to. call from
Linda DeMott who stated she fell over a marker in the grass, on. the. -
northeast—corner of Main Road and Youngs Avenue, Southold and hurt
her leg. Highway- Superintendent Dean ordered the matter investigated
and f-aund that it was a 1" b * 1" stake put there 'b LILCO for' a' gas
Y. Y
main locator. Mr. Folts broke off the 'marker.
11. Letter from JodV Adams , Pedonic, New York.' All' tembers:
of the Board were supplied w=L, a copy of this letter.
12. Letter from Mary Baldwin Pankiew'icz, Fishers Island, asking
if there is a possibility of Fishers Is-land -receiving a bu's 's1mi.lar
to the one recently provided to the 'Senior Citizens of South-61d This matter will be reviewed with Mrs .- Taibi from the. 'Office of the
Aging for Suffolk County tomorrow.
On motion of Councilman Homan, seconded by Councilman Drum, it was
RESOLVED that the Southold Town Board .set 7 - 3Q -12_M'._.._Tuesday_,_ November
21., 1978 Southold Town Hall, Main Road, Southold, New York as time
and' place for hearing upon application of Whitcomb Investment. Company
for a permit under the provisions of "thQ--Wetlaud- Ordinance' of the
Town of Southold for permission to provide for a 50 foot road, and
if so required by the Town of Southold, with a gravel bed not in
excess of 30 feet along the westerly. portion thereof as an access
road to a proposed minor four lot subdivision on the north side of
Main Road, New York State Route 25 , Orient, New York. All persons
interested in said matter shall appear at the time and place above
specified and will be given an opportunity to be heard.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
126 ACT ® 97
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Pell,
WHEREAS the Knights of Columbus Marian Council, Cutchogue, New 'York
has applied to the Town Clerk for a Bingo Licensg, and
WHEREAS the Town Board. has examined the application, and after
investigation , 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
of the Town of Southold the findings and determinations as required
by law, and it is further
RESOLVED that the Town Clerk be and she hereby is directed to issue
a Bingo. License to the Knights of Columbus , Marian Council, Cutchogue
New York.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
Moved by Councilman Pell, seconded by Councilman Drum,
WHEREAS, the . Bv-Laws of Pebble Beach Farms ]Lot Owners Association,
Inc . provides that any amendment to its By-Laws shall not become effective
until approved by the Town Attorney and the Town .Board, and
WHEREAS, at a meeting of the members of said Association held on
September 26, 1978, Articel VIII, Section 5 , subdivision 8 was amended to
provide as follows :
(8) To bring and defend actions by or against one or more Homeowners
and pertinent to the operation of the Association, the Board may, in
its descretion, fund the cost of any such litigation out of the common
charge Assessments . The Board shall also have the right to engage in
nay litigation. it deems reasonably necessary to carry out the normal
provisions of the Declaration and these By-Laws and may fund the cost of
any' such litigation out of the common charge AssE!ssments .
NOW, THEREFORE, BENT RESOLVED that this Board does hereby approve
of the above mentioned amendment to the :BV-Laws : of Pebble Beach Farms Lot
SDwners Association, Inc.
Vote of the Town }hoard: Ayes : Councilman Pell , Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, 'Supervisor Martocchia.
This resolution was declared adopted.
Supervisor Martocchia:
13'. There .was a recovery of $3 , 250. 00 for a police car which
was totalled-out and the money was put into the General Fund Whole
Town account and this money should be transferred to the Part Town
General Police account.
On motion of Justice Suter, seconded by Councilman Homan, it was
RESOLVED that� $3 , 250 . 00 be and hereby is transferred from General
Fund Whole tow,_, revenues-insurance recoveries , to Part Town General
Police B3120. 2
vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Justice Doyen, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by councilman Pell, it was
RESOLVED that _$1, 442. 14 be and hereby is transferred fromf,-Ontingent
Account Whole Town A1990 . 4 to Whole Town General Street Lighting
A5182. 4.
Vote of the Town Board; Ayes : Councilman Pell, Councilman Drum,
Councilman. Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Councilman Drum, seconded by councilman Homan, it was
RESOLVED that $1, 617 . 87 be abd hereby is trgnnsferred from j2ontingent
Account Whole Town A1990. 4 to Whole Town General Disposal Area
A8160. 4
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resoltuion was declared adopted.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that $528. 25 be and hereby is transferred from Whole Town
New York State Retirement A9010 . 8 to Whole Town General Workmen' s
Compensation A9040. 8.
Vote of the Town Board: Ayes': Councilman. Pell, Cotinci1m.an Drum
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
On motion of Justice Doyen, seconded by Councilman Drum, it was
RESOLVED%that $350•.00 be and hereby, s tranafer-rerl from Fisher
Island Ferry District Operation of Ferry to Fishers Island Ferry
District Insurance.
Vote of the -Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter,. Supervisor Marotcchia
This resolution was declared adopted.
On motion of Councilman homan, seconded by Justice Suter, it was
RESOLVED that $1595 . 89 be and hereby is tran.sferred. from -Highway
Unexpended Balance to Item 1, Workmen' s Compensation DR9040 . 8
$1005 .41; Item 3, Workmen' s .Compensation DM9040. 8 - $191. 51; and
Item 4, Workmen' s Compensation DS9040 . 8 - $398 . 97
Vote of the Town Board: Ayes Councilman Pell,. Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
Supervisor Martocchia:
14. There has been a budget submissior_ftom the Supervisor to
the Town Clerk, and the Town Clerk to the Town Board on October -3-rd.
The bu get will be studied for the next week or so . When the pre iminary
budget is prepared copies will be available for the public. A date
for the budget hearing will be set at the next meeting.
15. The Planning Board has submitted the ,Development Plan
which they accepted and approved on September 14th. All. members
of the Town Board have a copy for review.
16. Receipt of a letter forom Joan C. Hatfield for Concerned
Citizens relative to the impending research on Rift ValleV Fever,
A�.list_of questions to Dr. Callis , Director of the Plum Island nimal
Disease Laboratory was attached to the letter.
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that application of Stella Bertolini, 516 Sterling. Place,
Greenport, dated October 10, 1978,. for permission to locate 'a single
family trailer on her property on the east side of Sterling Place,
Greenport, New York, be and hereby is granted for a six month,
non-renewable period, for a leased trailer, to be occupied while
Mrs . Bertolini' s residence is being rebuilt due to fire damage.
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
Moved by Justice Suter, seconded by Councilman Homan,
,WHEREAS John F. . Reeve and John T. Reeve has made application to
the Town Board of the Town, of Southold to dedicate 'a certain road
in Mattituck, New York, to be .known. as "BENNETT' S POND LANE" as
shown on subdivision map entitled "Map of Bennett' s Pond at 'Mattituck, "
filed in the Suffolk County Clerk' s Office on June 12 , 1970, as Map
No. 5483, togther with release ececuted by the owners thereof, and
WHEREAW the Southold Town Highway Superintendent has inspected the
said highway and has advised the' 'Town Board that said .proposed highway
complies in all respects with the 'speificiations for the dedication of
highways in the Town of Southold,
NOW, THEREFORE, BE IT RESOLVED that in accordance with Section 171
of the Highway Law of the State of New York, consent be .'and the same
is given to the Superintendent of Highways to make an order. laying
out the aforesaid highway, to consist of lands described in said
application as shown on certain maps attached to said application, and
BE IT FURTHER RESOLVED that the Tow ' Clerk be a-d-d•_she hereby is
authorized and directed to forthwith cause the dedicat o-a,release
and deed to be recorded in the office of the Clerk of the County of
Suffolk, New York.
Vote of the Town Board: Ayes.;: Councilman Pell, Councilman Drum,
' Councilman Homan, Justice Suter,, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
On motioncE Councilman Pell,. seconded by Councilman Homan, it was
RESOLVED that Supervisor Albert M. Martocchia be and hereby is
authorized to sign an agreement granting the Villa e of Green ort
a 15 foot easement from the westerly minus of Nicole Roa :to t e
easterly line of sound Avenue, a distance of approximately 140 feet
for the purposeof laying and maintaining a water main said easement
is more particularly described as followa:
Beginnign at 'a point on the easterly line of Sound Road,
said point being 29 . 5 feet northerly from the point of intersection
of the boundary line between the southerly end of the property of
the Grantor and the northerly end of lands. now .or, .form,erly. of Frank.
Toledo and the easterly line of Sound Road;-'Running thence north
27 degrees 31 minutes 20 seconds west 15 . 0 feet; Running thence -
north 63 degrees 28 minutes 40 seconds east 140. 78 feet; - Running
Thence South 27 degrees 33 minutes 20 seconds east, 15 . 0 feet ; Running
thence south 62 degrees 28 minutes 40 seconds west 140. 79 feet to
the point of beginning.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
Mr. David Driscoll, Southold asked what is the difference between
a billboard of a commercial nature and one of• alnoli ; •1 nature
where no application has been applied for? Isn' t it within the
power of the police department to enforce the law, much less , . a
man who is a veteran of the police department sponsoring such an
unlicensed sign? First it was in the road limit, then out of the
road limit, the County told him to take it down, but he moves
it back then forward, and it is still there. . Does that meet w:Lth '
the approval of the Board?---Supervisor Martocchia stated he knows
the sign Mr. Driscoll is talking about., and he has had instructions
to take it down. ---Mr. Driscoll stated he may have had. instructions
to take it down but yesterday another one went up. He would like
to recommend that: the Board confiscate the sign, which the County
is prepared to do it it goes back in the roadway, and he has had
notice from the County.---Mr. Driscoll said he knows the County
has seen fit to take action against the individual, but since 'it
is now out of the road limit he has no control o-1aer it . As of
4: 00 P.M. Friday afternoon the building inspector received no
application from anyone for any political sign in the Town of
Southold. ---Justice Suter stated that if there is a complaint
the Building Department will go up and cite the individual . ---Mr.
Driscoll said a political sign has also been plastered on a County
highway sign. This is not what a policeman' s son is supposed to
do, and he thinks that the Board or the police committee should
see that that is stopped immediately. This has been going on. since z .
before Labor Day. ---Supervisor Martocchia stated he will follow up
on the matter as soon as he leaves the meeting.
Driscoll also spoke about a trailer that is parked on the road
limit- of a County highway. How long can this trailer be parked there?
There is one that has been there for six to eight: months . It is on
the North Road. ---Justice Suter stated that as long as it is legally
licensed there is no -limit by the County and as long as it is properly
parked there is not limit by the County. If it is licensed by .the
State. he has a right to park it there, the same Zis a car or truck or
any other vehicle. ---Mr. Dean stated it is a 15 foot tow trailer
parked on the north side of County 'Route 27A, west of Albertson
Lane, Greenport.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 3 : 35 P.M.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Doyen, Justice Suter, Supervisor Martocchia.
This resolution was declared adopted.
udith T. Terry
Town Clerk