HomeMy WebLinkAboutTB-11/08/1978 14S NOV 810:8
SOUTHOLD TOWN BOARD
November 8, 1978
Executive Session
10 : 30 A.M. - RichardCron, Esq . and Ernest Wilsberg spoke to the
Board relative to the' development of their property at Orient Point.
They have pending before the Planning Board a proposal for a 38 lot
major subdivision on the property which contains approximately 50
acres . They do not feel this is the best way to go. The Suffolk
County Planning Department suggested clustering condominiums and
they feel that is the best proposal. Mr. Cron and Mr. Wilsberg
presented a draft proposal , for preserving the shore front and
centralizing approximately 160 units .on the upland. There was
discussion relative to public water and sewage. ---The Board indicated
that the new proposal for condominiums would require an "M" zone.
They should also go the the Planning Board for their evaluation of
the proposal.
11: 45 A.M. - Mr. Walter Kohnle and Mr. Alex McBride spoke to the
Board relative to their proposal road district for the development
of Island View Lane Green port as a Town Road. Engineer John Davis
prepare an inspection report of the existing road for Highway
Superintendent Dean, which indicated the cost to. improve 20 ft. of
width would cost about $12, 300. 00 There is one problem at the
present time, however, , four or five property owners along the roadway
do not wish to give their approval for the project. ---Supervisor
Martocchia stated he would arrange a meeting between Town Attorney
Tasker, Mr. Mc Bride, Mr. Kohnle and himself.
2 : 00 P.M. - Mrs . Marie Johnson spoke to the Board on behalf of her.
daughter and son-in-law Susan and Fred Pivko . She stated that
they were offered a 20 ft. strip of property by Mrs . Krichgessner
when she was developing a road for her subdivision and Mr. & Mrs .
Pivko refused it as being worthless to them. On May 3 , 1978 they
received a deed in the mail and letter from Gail 'Wickham, attorney
for Mrs. Kirchgessner stating the 20 ft. strip had been deeded to
them and recorded with the County Clerk, and' the 'Letter indicated
this would not affect their real property taxes . When the assessment
notices went out, Mr. & Mrs . Pivko received an increase of $100.
They spoke to Assessor Charles Watts who stated the increase was
due to the 20 ft. parcel. They filed a grievance and the Assessment
Review Board upheld the assessment as being correct. Mrs .. Johnson
then talked to Town Attorney Tasker-who suggested returning the deed
with a letter refusing the conveyance, and objecting to having it
forced on them. She stated this small parcel of 'Landis an old
hard-packed roadway and is in front of the hedge at the Pivko property.
It is not included in the property covered by the:Lr mortgage held
by the Southold Savings Bank. When they spoke to the Bank they stated
when they receive Me tax ill they would be forced to pay the entire
amount; they could not withhold payment for the 20 ft. strip which is
included in the entire bill . - Mrs . Johnson asked for a solution to the
problem. Town Attorney Tasker said one solution would be to draw
another deed and transfer the property back to Mrs . Kirchgessner.
A regular meeting of the Southold Town Board was ILeld on Wednesday,
November 8, 1978 at the Southold Town Hall, Mian 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
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
Absent: Justice Francis- T, Doyen
On motion of Councilman Homan, seconded b.y .Counctlman Pell, it was
RESOLVED that the minutes of a regular meeting of' the' Southold Town
Board held on_ October 24, 1978 Be' and they`-..hereby are approved as
submi.tted...
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice 'Suter', S'upervi.sor Martocchia. Absent :
Justice 'Doyen.
This resolution was- declared adopted.
On motion of Justice Suter, seconded by councilman Drum, .t was
RESOLVED that the' next regular meeting of the .So;uthol'd Town Board
will he held at__3 00,P1M: , Tuesday, November 21 1978 at the
Southold Town Hall, Main 'Road, Southold, New= York.
Vote of the Town Board: Ayes":- Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, .Supervisor Martocchia. Absent :
Justice Doyen.
This resolution was declared adopted.
On motion (f Councilman Homan, seconded by, Councilman Pell, it was.
RESOLVED that th. ' 'following audited bills: be' and--hereby are''ordered
aid: General Fund Whole Town --' $26.,.968'.47 ; Geheral' Fund Whole
Town Medicare Reimburabeient $1,5.18, 40;. General Fund Part. Town -
$11, 437 . 73; General Fund-.Part. Town Medicare Reimbu:r.semerit - $633 , 50 ;
Highway Department $79, 558. 0'4; Highway Medicare 'Reimbursem'en't
$1,.613 .30; Fishers Island Ferry District -' '$26',417.."37 ; Federal
Revenue Sharing - $6., 140. 20.
Vote of the Town Board: Ayes::- Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervis•or' Martocchia. Absent :
Justice Doyen.
This resolution was declared adopted.
On motion of Justice Suter, seconded by Councilman Drum, it was-
RESOLVED that the October reports of the Supervis-or'. Town Clerk,
Building Department, .Ass•essors, Justice 'Sutter,. D%sp-os'al Area be' 'and
hereby are received and orderd placed on. fi.le.
Vote of the Towri Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent :
Justice Doyen.
this resolution was declared adopted.
Supervisor Martocchia:
1. Notice from the -N.Y. S . Department of Environmental
Conservation stating that Harold Reese proposes to extend present
canal approximately 435 ft. , dredge to 5 ft. below mean low water,
remove approximately 8000 cu. yds . of fill and bulkhead the sides
of the canal. Spoil will be placed on adjacent upland. Project
located on Peconic Bay, Southold Shores , Southold, The DEC asks
whether the Town of Southold desires to be the lead agency. This
is being referred to the Planning Board.
2 . Application to the Department of the Army, Corps of Engineers
by Marian Pell, Greenport, for permission to build a timber pier and
maintenance dredge at Stirling Basin, Greenport. Comments by November
24, 1978 .
3 . Application to the Department of the Army, Corps of Engineers
by Robert W. Martens for permission to maintain two existing floats
at Dawn Lagoon, Greenport. This has been referred to Councilman Pell
for investigation and recommendations .
4. Receipt from the Department of the Army, Corps of Engineers
of,permits granted by` ahem during the—month of September 1978.,_
5 . Public Notice from the Village of Greenport stating their
Planning Board has approved a final Environmental Impact, Statement
in regard to the application of _Mascony Transport & Ferry Service, _,
Inc. to locate a ferry terminal in the Village of Greenport. The
statement is: -on file for inspection in the office of the Clerk of
the Planning Board, Greenport.
6. Receipt from Wilfred Sinclair of the Fishers Island Ferry
District and Town Attorney Tasker two maps of _Fishers Island Ferry
District property at New London, Connecticut.
7 . Letter fron t e Fishers Island School to the U. S . Department
of Health, Education and Welfare rejecting three houses on Fishers
Island offered by the Federal Property Assistance Program. The Town
withdrew the offer in favor of the Fishers Island School and still
does not have an interest in the property.
150
8. Receipt of a draft agreement between the .County of Suffolk
s
and Town of Sourhold for the - um vision of Cedars beach. Town Attorney
Tasker will review the agreement. A decision will be made later in
the meeting.
9 . Letter from the N.Y. S. Department of En�7ironmental Conserva-
tion stating they are considering the addition oj= "seed" clam purchase,
Growout and planting projects in its P.L. 88-309 Shellfish project
for the years 1979-1982 . ---The Town Board would- be interested in
participating in this program.
10. Letter from the Town Clerk of the Town of Babylon trans-
mitting a copy of a resolution passed by the Town of Babylon regarding
the Anti-Recession Funds The Town of Southold would like to join
with the Town of Babylon in their request to the President of the
United States to call the Congress back into Special Session to act
on the much needed legislation on Anti-Recession Funds under Title II.
On motion of Councilman Drum, seconded by Councilman Pell,
WHEREAS, the United States Government has heretofore,'-authorized Anti-
Recession Funds un er Title II Anti-Recession Provisions Public Law
94-369) , the Public Works Employment Act of 1976 , and
WHEREAS the United States House of Representatives has failed to act
upon the renewal of such legislation after approval by the United
States Senate, and
WHEREAS, said- failure to act will result in some budgetary short-
fall in the Town of Southold, which is an eligible recipient of said
funds , which budgetary short-fall must be made up by other sources ,
NOW, THEREFORE, BE IT RESOLVED, that this Board does go on record as
urging the President of the United States to call the Congress of the
United States back into Special Session in order to act upon this
much needed legislation and to rectify a glaring oversight on the
part of the House of Representatives during the period immediately
prior to adjournment, and be it further
RESOLVED that .the Town Clerk is directed to forward a copy of this
resolution to the President of the United States , the Speaker of the
House of Representatives and the dongressmen representing Nassau
and Suffolk Counties .
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent :
Justice Doyen.
This. resolution was declared adopted.
Supervisor Martocchia:
11. Letter from Dr. J. Douglas Glaeser who did a study for
the Town on the. LILCO Jamesport nuclear plant pro•i)o, sal, stating
that he has checked with the Corps of Engineers relative to the
application pending for _jetties at the Jamesport .Site, and the
Corps advised him they will not act on the jetty :review question
until a decision is made by the New York State' s ]energy and the
Environmental group concerning the suitability of the site for the
power installation proposed.
12 . Thank you letter from Lawrence N. Adams , teacher at
Greenport Public School for letting his class toui.- the Town Hall
facilities . This letter included thank-you' s from the following
students : Kelly Clift, Peggy Carey, Thomasina Boldin, Michelle
Hansen, Jacqueline Mims .
13 . Supervisor Martocchia. reported that there was a meeting
with the- Vice President of CATV last week. Proposals were submitted
by CATV as to what they plan to do over a three year period with
extension of cable throughout Southold Town. The Board asked for
study on a couple of other areas and when this is returned for review
another meeting will be scheduled. ---David Driscoll Southold, asked
if the Board was aware that last night Channel 6 -vas sponsored, it
was strictly commercial programs .-- He wonders if they are permitted
to sell time on a so-called public service channel_ .
14. The Supervisor received a telephone call from Alex. Gropwall
of the N.Y. S . Parks and Recreation Department at which. time he indicated
he could make available to the Town of Southold a certain amount of
bouys for ,channel marking. The Board has requestE:d the Supervisor to
ask for 15 red cans and 5 black cans ; which will be done.
15 . Item 15 on the .agenda was a request for t:he .removal of a
_street light and the request has been withdrawn.
Moved by Councilman Homan, ' seconded by Councilman Pell,
WHEREAS _Lawrence Kirk, by application dated July 2.9 , 1978 petitioned
the Town Board of the Town of Southold for a ;e of zone on certain
NQIV41- 8 1971911.
51
go.perty situated at Cutchogue, New York, from "A'' Residential and
ri.cultural Di.s.tri,ct to '"B-l" General Business District, and
WHEREAS the said petition was referred to the ,Southold Town Planning
Board of the Suffolk County Department of Planning for official
recommendation and report, and
WHEREAS, the Town Board pursuant to due notice held a public hearing
thereon on the 24th day of October, 1978, at 7 :30 P.M. at which time
all interested persons were given an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED. that Lawrence Kirk be and hereby
is Zranted. a change of zone from "A" Residential and Agricultural
District to "B-l" General Business District on his property situated
at Cutchogue, New York, and more particularly bounded and described
as follows : BEGINNING at a point on the southerly line of the Main
Road, at the northeasterly corner of land of Kirk, from said point
of beginning running along said southerly line, North 36*09 ' 00"
East 100. 25 feet; .thence along land of John Wickham two courses and
distances as follows : (1). South 49*50' 30" East 157 . 0 feet; thence
(2) South 40*09 ' 30" West 100. 0, feet to said land of Kirk; thence
along said land North 49*50' 30" West 150. 0 feet to the point of
BEGINNING.
Vote of the .Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. - Absent :
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia:
16 The Town Board is ready to make a decision on the applica-
ation of. Eastern Long Island Kampground Inc for a permit in -accordance
with Chapter 88, Article II, Recreation Vehicle Park, to increase the
number of sites, from 1234 to 148 . There was discussion at the public
hearing relativeto some unlicensed vehicles that should not be on
the premises . Mr. Wilton was called in to discuss the matter and
the vehicles have been removed, and he assured they would-.not 'be
brought in again.
On motion of Justice Suter, seconded by Councilman Drum,
WHEREAS Eastern Long Island Kampground Inc by application dated
August 4, 1978 petitioned the Town Board of The Town of Southold for
a permit in accordance with Chapter 88, Article II, Recreation Vehicle
Park, to increase the number of sites from 1244 to 148, and
WHEREAS, the Town Board pursuant to due notice held a public hearing
thereon the 24th day of October 1978 at 8 : 00 P.M. , at which time
all interested persons were given an opportunity to be- heard,
NOW, THEREFORE, BE -IT RESOLVED that Eastern Long Island Kam round
Inc. be and hereby is- granted _permission to increase the number o
sites from 124 to 148 on property. located at 690 Queen Street,
Greenport, New York.
Vote of the Town Board: Ayes : Councilman Pell , Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent :
Justice Doyen.
This resolution was declared adopted.
_Mr. David Driscoll asked if the permit provides a limitation on
the amount of rental trailers . ---Supervisor Martocchia stated there
are no rental trailers allowed.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that $15 , 000. 00' be and hereby is transferred from Unexpended
Balance; Fisher5 Island F rry District to Operation of the Ferry,
Fishers Island Ferry District.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan_ , Justice Suter, Supervisor Martocchia. Absent :
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that $1, 300. 23 be and hereby -is-transferred from Unexpended
Balance, Fishers Island Ferry District- to Insurance, Fishers Island
Ferry District.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent :
Justice -Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that $475 . 36 be: and hereby is transferred .from Unexpended
Balance,_Fisb r� s lsl_ alZFerry Di rift to New Ferry, Fishers Island
Ferry District.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent :
Justice Doyen.
This resolution was declared adopted.
On motion of Justice Suter, seconded by Councilman Drum, ; it was
RESOLVED that_,$1 , 660 44 be and hereby is transferred from Part., T,owu
Contingent B1990. 4 to B1910. 4 - $1, 169 . 25 ; B3130. 4 $350 . 38 ; and
B8020. 4 $140. 81.
Votei:of, the Town Board: Ayes:: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervi.s.or Martocchia. Absent :
Justice Doyen.
This resolution was declared adopted.
On Motion .of Councilman Pell, seconded by Councilman Homan, it was
RESOLVED that 068. 44 be and hereby is transferred from Whole Town
Contingent A1990 . 4 to A1010. 4 $57 . 49 ; A1910..4 2.,.185 . 75; A-5182'.4
$5, 201. 89 ; A7620. 4 $466 . 00 ; A8160 .4 .$1, 097.31; and A8510'.4' $60 .'.0,G
Vote of the Town Board: Ayes: Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent :
Justice Doyen.
This resolution was declared adopted. *
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that $1. 500. 00 be and hereby is transferred from General
Fund Whole Town A7530. 4 Shellfish to General Fund Whole Town Contingent
A1990. 4 -
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Hupervisor Martocchia.
This resolution was declared duly adopted.
Supervisor Martocchia explained that there is a matching fund
program for transplanting clams by the State of New York. The
Town put up $1, 500 and the State matches it with 1, 500 . Initially
the $3 , 000 must be paid by the Town and is then reimbursed by the
State.
On motion of Councilman Hoamn, seconded by Justice Suter, it was
RESOLVED that $7 . 285 . 34 be and hereby is transferred from Highway
DR9100. 8 Item I, State Retirement to Highway DR5110. 4 Item I,
Contractual .
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Drum, it was
RESOLVED that $2, 911. 82 be and hereby is transferred from Highway
DS5140. 4 Item IV, Contractual Miscellaneous to Highway DM5130 .4
Item III, Contractual.
Vote of the Town Board: Ayes : Councilman Pell , Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent :
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Pell, it was
RESOLVED that $3, 998 . 12 be and hereby is transferred from Highway
DS5140. 1 Item IV, Personal Service, Miscellaneous to Highway DS5142 .4
Item IV, Contractual Snow and Ice.
Vote of the Town Board: .Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that 343. 62 be and hereby is transferred from Highway
DS9060. 8 It-emIv, Medical and Hospital Insurance t-o Highway DS5142, 4
Item Iv, Contractual Snow and Ice.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent :
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Homan, seconded by Councilman Drum, it was
RESOLVED that 343 . 62 be and hereby is transferred from Hi hg_way
DS5140. 4 Item IV, Contractual Miscellaneous to Highway DS 5142 .4
Contractual Snow and Ice.
you r R �
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent-:
Justice Doyen.
This resolution was declared adopted.
On motion of Justice Suter, seconded by Councilman Homan, it was
RESOLVED that the Southold Fire Department be and hereby is granted
permission to use Tuckers Lane, Griswold Street, Terry Court, and
Glover Street, Southold as staging area for firemen and trucks for
a parade to be held on Saturday, January 6 , 1979 to celebrate
,George Gaffga Day, provided the necessary insurance is secured to hold
n the Tow of Southold harmless .
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent :
Justice Doyen. ,
This resolution was declared adopted.'
Supervisor Martocchia:
17 . Stated he has been in contact with Community Development
_Program and there are some monies available for small cities and
the Town. of Southold does qualify as a small city and will determine
what strings are attached to such monies . The deadline for applica-
tions will be sometime in late spring of next year.
On motion of Councilman Homan, seconded by Councilman Pell , it was
RESOLVED that Supervisor Albert M. Martocchia be and hereby is
authorized to sign an agreement between the Board of Commissioners ,
Southold Fire District, Southold, and the Town of Southold for a five
year lease of a tract of land located on the north side of the Main
Road, Southold, surrounding the fire house, and used as a,
parking .,
field.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent:
Justice Doyen.
This resolution was declared adopted.
On motion of Councilman Drum, seconded by Councilman Pell , it was
RESOLVED that Supervisor Albert M. Martocchia be and he hereby is
authorized to sign an agreement and license between the County of
Suffolk and the Town of Southold which shall give a license to the
Town o Southold to provide law enforcement by Town Ordinances and/or
Local Laws and Regulations on a sixty-three acre parcel of land on
the southern end of the peninsula extending into Hog Neck Bay, Town
of Southold, known as Cedar Beach County Park, for a term of one
year commencing January 1, 1979 and ending December 31, . 1978 ; and
in consideration of the services to be performed the County will
pay to the Town the sum of five thousand (45 , 000 . 00) dollars per
annum upon the submission to County Vouchers in proper form.
Vote of 'the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent :
Justice Doyen.
This resolution was declared adopted.
Supervisor Martocchia stated there will be a public hearing at
4: 00 P.M. on the 1979 budget, 4: 15 P.M. on the- Federal Revenue
_Sharing budget, 7 : 30 P.M. on the 1979 Budget and 7 :45 P .M. on
the federal Revenue Sharing Budget .
Mr.-Charles Hickey, Southold, , asked why the Town does not have vacuum
type machines for picking up leaves?, Southampton has it, why can' t we?---
Highway Superintendent Dean stated he just does not have enough money
to purchase the machines , they would eight to ten of them at a
cost of over $50, 000. to cover the entire town. The machines cost
$4, 000. to $5 , 000. each. ---Mr. Hickey suggested we might be able to get
some machines next year using money saved in gas if the police did
not have to go around telling people not to burn. ---Mr. Dean said
he would like to see the State lift the bruning ban. ---Supervisor
Martocchia stated he tried to get the State to left the ban for this
area but they refused, 'with the only condition being the Disposal
Area, if they applied for a permit it would be . considered.
_Mrs . Gladys Csaiko asked if the Board has any more information on
the development proposed for Youngs Avenue, Southold?---Supervisor
Martocchia stated that 'all he knows is something did go to the
Planning Board about a week to ten days ago. He does not know
what is happening with it at the present tiem. ---Mrs .. Csajko asked
whether the project would come before the Town Board?-- Supervisor
Martocchia said the zone has been changed, and they now work with
tehe Planning Board. What appears to be the matter in. discussion
with the public is that this may become a subsidy project .
Miss Jody Adams , Peconic spoke about the sewage treatment plant -
at what state of development should it be installed?----Supervisor
Martocchia said his understanding is that it cannot become operational
unless the plant is in and functioning. (This discussion was in
reference to condomimium type developments . )
On motion of Councilman Drum, seconded by Councilman Homan, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 3 :40 P.M.
Vote of the Town Board: Ayes : Councilman Pell, Councilman Drum,
Councilman Homan, Justice Suter, Supervisor Martocchia. Absent :
Justice Doyen.
This resolution was declared adopted. `
Auditdh ? Terry a�
Town LCIerk