HomeMy WebLinkAboutTB-04/10/1973 334
SOUTHOLD TOWN BOARD MINUTES
Meeting. of April 10, 1973
The Southold- Town Board -met- at- the- office of Supervisor Albert- M.
Martocchia,. 1.6 South Street, .Greenport-,- New York-, at 3 :-00
Tuesday, April 10, 1973, with the following present:
Supervisor Albert M: Martocchia.,- Councilman James H.
Rich, Jr. , Councilman James F. Homan, Justice Martin
Suter, Justice Louis M. Demarest, Town Attorney Robert
W. Tasker, Superintendent of Highways Raymond- C. Dean,
and- Town Clerk Albert W. Richmond. -
Absent: Justice Francis.-T. Doyen.
Moved- by Justice -Suter, seconded by Councilman Rich, it 'was. ,
RESOLVED that the minutes of March 27 , 1973- be and they -hereby- -
are approved.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Justice Suter, seconded by Councilman Homan, it was
RESOLVED that the next meeting of the Southold Town Board will be
held at 8 :00 P.M. , Tuesday,- April 24, 1973 at the office of
Supervisor Martocchia, 16 South Street, Greenport, New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Councilman- Rich, seconded by Councilman Homan, it was
RESOLVED that the reports of Supervisor Martocchia, Police, Justice
Suter, Building Department and Town Clerk for the month of March
1993 be accepted by the Town Board and placed on file.
?,dote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Councilman Homan, seconded by Justice Demarest, it was
RESOLVED that the Town Clerk be and he hereby is authorized and
directed to charge the following fees for copies of Town records :
$1. 00 for the first page
$ . 25 for each additional copy
$1. 00 for each certification
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Justice Demarest, seconded by Councilman Homan, it was
RESOLVED that, Hartford National Bank and Trust Company as a
designated depositary of this municipality be and it is hereby
requested, authorized and directed to honor checks for the payment
of mosey drawn in this municipality' s ' nadne from its Fishers Island
Ferry District Account including those payable to the individual
order of any person or persons whose name or names appear thereon
as signer or signers thereof, when bearing or purporting to bear
mechanical facsimile signature of Albert M. Martocchia, Supervisor.
Hartford National Bank and Trust Company shall be entitled to honor
and charge this municipality for such checks drawn on its Fishers
Island Ferry District Account regardless of by whom or by what. means
the actual or purporting mechanical facsimile signature may have been
affixed thereto if such signature or signatures resembles the, specimen
or specimens duly certified to and filed with Hartford National Bank
and Trust Company.
Vote of the Town Boards Ayes : Supervisor Martocchia, Councilman
Rich,Councilman Homan, Justice Suter, Justice Demarest.
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Moved by Councilman Rich, seconded by Justice Suter, it was
RESOLVED that Edward Charnews, Peconic, New York, be and he hereby
is appointed School Traffic Officer, Town of Southold, effective
March 14, 1973 at the daily wage of $12 . 85, payable for each day
worked, and he is to serve at the pleasure of the Town Board.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Justice Demarest, seconded by Justice Suter,
WHEREAS an ordinance was heretofore enacted by the Town Board
entitled "An Ordinance to provide for partial tax exemption of
real property owned by certain persons with 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" ,'
WHEREAS, this Board desires to amend such ordinance,
NOW, THEREFORE, BE IT RESOLVED that a public hearing be held by
the Town Board of the Town of Southold on the 8th day of May, 1973 ,
at the Supervisor ' s' 'Office, 16 ' South Street, - Greenport, New York at
3 :30%o 'clock, in the matter of the -amendment of said ordinance as
follows, to wit:
I. By amending the first sentence of Section 2 of said
ordinance to read as follows :
(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 six thousand dollars.
Vote of the Town Board: Ayes : Supervisor Martocchia , Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Councilman Homan, seconded by ,Justice'-Demarest,
WHEREAS the- term of John Wickham a-s a member of, the Planning Board .
of the Town of Southold expires April 30, 1973 , and
WHEREAS John Wickham ha`s rendered a most valuable serv-ice •as a
member of the- Planning =Board ' of the 'Town of South-old, for a -.
NOW, THEREFORE;- BE IT;:RESOLVED that John Wickham- be and he hereby
is reappointed to the ,Planning Board of the Town of Southold for a
term of five years, such term expiring April 30, 1978.
Vote of the Town Board: Ayes•: Su-pervisor-Martocchia, Councilman
Rich, Councilman Homan, -Justice Suter,. Justice Demar'est.
Moved by Justice Demarest, seconded by Justice Suter,
WHEREAS ther term -of office of- Serge Doyen,- Jr: ,, Fishers Island,
New York, as a member of the Board of Appeals of the Town of Southold
expires April 1.9, , 1973,, and
1;ffEEREASiii' the .past; as a member of-- the - Board of Appeals.-,. Serge
Doyen, Jr. has rendered the Town of Southold a most valuable
service;
NOW, THEREFORE, BE IT RESOLVED that Serge Doyen; - Jr. be. and he
hereby is reappointed as a member of the Southold Town Board of
Appeals for a term of five (5) years, commencing April 19,. , 1973 ;
and ending April- 19, 1978
Vote 'of the Town 'Boar-d: --Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice- Suter, Justice Demarest:,
Moved by Councilman Rich, seconded by Councilman-Homan,
WHEREAS the Southold Town- Planning Board- and- Suffolk County- Planning
Commission have prepared- official- reports- and recommendations on the
application of William B. Conway on behalf of William B.- Conway
and Wilfred Jerome Conway for a change of zone from "A Residential
and Agricultural. District �to "B-1" General Business District,
NOW, THEREFORE, BE' IT RESOLVED that a public hearing will be held
by the Southold Town -Board at �GreenQort; New York, 16- South: Street,
on�:-May 29; 197-3 at. 7 :30"'P.M. , on- the---abovementioned,petition, and
that the Town Clerk be and he hereby is authorized- and directed to
cause notice of said hearing to be published in the official news-
paper pursuant to the requirements of law.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Justice Demarest, seconded by Justice Suter,
WHEREAS the Southold Town .Planning Board and Suffolk, County Planning
Commission have prepared official repotts and recommendations on the
proposed Town Board amendments to the Building Zone Ordinance of.
the Town of Southold together with the Building Zone Maps forming
a part thereof, which are as follows : .
I. . By amending Article III, Section 3.00B, by repealing,
subdivision 24 thereof.
II. By amending Article, III, Section 300C by adding, a new,.
subdivision thereto to. be subdivision 7 to read .as follows :
7 . Yard sales, attic sales, garage sales, auction
sales or similar type sales of personal property owned by the
occupant of the premises and located thereon, subject to\..the
following requirements :
(a) Not more than one such sale shall be conducted
on any lot in any one calendar year. .
(b) Adequate supervised parking facilities shall
be.:provided.
(c) No signs , except one on-premises sign not
larger than 3 feet by 4 feet in size, displayed for a period
of not longer than one week immediately prior to the day of
such sale, shall be permitted.
(d) That a permit be obtained therefor from the
building inspector upon the payment of a fee of $15. 00.
III. By amending Article III, Section 300C, subdivision 5 to
read as follows:
5. Horses and domestic animals other than household
pets shall not be housed within 50 feet of any lot line..
Housing for flocks of more than 25 fowl shall not be
constructed within 50 feet of any line.
IV. By amending Article III, Section 303, to read as follows:
SECTION 303 - ESTABLISHED FRONT YARD SETBACK - Where
property in the vicinity is improved with permanent dwellings
with a front yard area of less than that required by the .
provisions of this ordinance, the front yard setback shall
be the average , setback. of the existing, .dwellings within. 300_
feet of the proposed dwelling, on the same side of the
street, within the , same block, and. the same use district. .
V. -By amending Article -III, Section a05 subdivision (a) to
read as follows :
(a) When located in the front yard, along front yard . .
property line, the .same shall not exceed four (4), feet in
height.
VI. By amending Article III, Section 305 by repealing sub
division. (d) thereof.
S \
VI,I. By amending Article III by . adding a new section thereto,
to be Section. 306, to read as follows :
SECTION 306 - SUBSTANDARD LOTS - In the "A" District,.
in the caae=_: of a lot held in single and separate ownership_
on the effective date of this ordinance and thereafter with
an area and/or width of less than the requirements of this
ordinance, a single family dwelling. may be constructed
thereon with side yards requirements reduced by 25%, provided
that all other yard requirements are complied with.
VIII. By amending Article VI, . Section 602 , subdivision 7 , to
read as follows :
7. Parking shall be provided in offstreet paved parking
areas which shall provide for .one (1) parking. space, three
hundred fifty (350) square, feet in area, for each one hundred
(100) square feet of sales floor area or office floor area in
each building.
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IX. By -amending Article XIV by adding .a new section, to be
section 1402 to read as follows :
SECTION 1402 - CLUSTER DEVELOPMENT - The Planning Board
may approve Cluster Developments for one-family detached
dwellings in an A - Residential and. Agricultural District
according to the procedure and requirements specified below.
The purpose of such development is to provide flexibllity in
the design and development of land in such a way as to promote
the most appropriate use of land to facilitate the adequate
and economical provision of streets and utilities , and to
preserve the natural and scenic qualities of open space.
. . 1. The maximum number of single-family lots that
may be approved in a Cluster Development shall be computed
by subtracting from the total gross area a fixed percentage
of 20% of said area, and dividing the remaining 80% of the
area by 40 , 000 square feet.
(a) In computing the maximum number of lots
that may be created, any lands which are subject to flooding
or which are occupied by public utility easements in such a
manner as to prevent their use and development, - shall not be
considered part of the total gross area. In a Cluster Develop-
ment, lot area, width, depth, front yard, rear yard, and side
yards shall not be reduced by more than 50% of the minimum
requirements set forth in the Bulk and Parking Schedule.
2 . The area of a Cluster Development shall be in
single ownership or under unified .control.
3 . Prior to the issuance of a building permit in
a Cluster Development a Site Plan shall be submitted to add
approved by the Planning Board in accordance with Article XIV
of this ordinance-,and- the, following conditions :
(a) Said-.Site Plan shall include areas within
which structures may be. -located.;.. the :height:-,and spacing of
buildings, open..spaces;;and::their landscaping,=off=street open
and -enclosed '(if. ,any).. parking. spaces,.:and streets, driveways ,
and, any..other physical=:features relevant, to the- proposed plan,
and
(b) Said .Site Plan shall include a statement
se.tting1forth .the nature of all proposed modifications of
existing zoning provisions,, and:-::
4. Nothing contained -in. this ordinance shall relieve
the owner or his: agent,. .or .the developer..of a=,proposed: Cluster
Development:-from rece.iv.ing: Subdivis ion :Plat Approval-in in accord-
ance. with the..Town Subdivision: Regulations. .In .approving the
Final Plat for a Cluster Development the Planning, Board may
modify the acreage requirement for recreation areas as set
forth in the Town ' s rules governing subdivision: review provided
that the common land dedicated meets all other requirements
of the Town: Subdivision Regulations —
:I 5:. ..A !Cluster> Development.:shala be organized as one
of the following : (1.) A::Homes Association approved by the
Federal Housing Administration for .mo.rtgage. insurance as a
"Planned-Unit .Development" , .and .the Town Board; or (2) A
Homes Association approved by 'the :Town Attorney. .and Town Board;
or (3) Any other arrangements approved by the Town Attorney
and Town _Board as satisfying the intent of this ordinance.
Whenever a Homes Association :-is proposdd, i_the..iTown -_Board shall
retain the right to review and approve .the art:icle.s :of: incorp-
oration and charter of said Homes Association:, and to require
whatever conditions;i:deemed necessa.ry: t-ojinsure . that the intent
and purpose of--this ordinance is:.-carried out.. Inconsideration
of said approval, the Town Board shall, in part,.::r.egwire the
Cluster: Deve-lo.pmen-t to .meet the ; fol:lowing_ oonditi.ons.:.,.
,.. . (a). The:.Homes Asso.ciat:ion .shall be :established
as any: incorpora-ted; non-profit _or.gani,za:tion operating:-.under
recorded land agreemtns through which each .lot: owner (and any
suceeding, owner)! is a:utomatically_a member;i-and each lot is
automatically - subject to ,a charge -:for ..a:.proporti:ona.te. : share of
the expenses for the organization ' s activities.
(b) Title to, all, common property shall be
placed in the Homes Association, or definite and acceptable
assurance shall .be..given that - it_,,automatically,- will be so
.placed within. a reasonable, period, of, time.
..(:c) Each lot owner shall have equal. voting
rights. in„the .Association and.. shall. have. the right to the use
and,-enjoyment of the common property...
(d) Once established, all ,responsibi-lity for
operation..and. maintenance. of the: common .land. and. facilities
shall lie with the Homes. Association.
(e). Dedication of. all common areas. shall be
recorded directly on the-. subdivision- Plat, or by reference .on
..the_. .P1at .to .a.. dedication in a separately recorded document.
Resubdivision. of. such areas-is prohibited. The,. dedication
shall: _
(i) Save the, title to the common property
to_ the .Homes Association. fre.e of any cloud of implied public
dedication; - and
(ii). Commit, the. developer, to._ convey, the areas
to. the Homes Association at an approved times; . and
(iii_) Grant easement of enjoyment. over. the area
.,to ,the lot, own;ers.; and
. (iv). Give to the .Homes Association-, the right
to.. borrow for improvements.upon- the .secur-ity of the ,common
areas;- and,
(v) Give to..it the right, to. sus-pend. member-
ship rights. for. non-payment of assessments .or infraction of
published rules.
6. ._ Covenants shall .be established, . limiting all lots
to one-family .use. and all. common lands- to open. space uses.
No structures may be erected on such .common lands except as
shown, .on the. approved Site Plan..
7. , Each. deed to each lot sold shall include..by.
refer.ence. _all recorded declarations and other restrictions .
(including assessments and. the provision for liens for non-
payment of such) .
8. The Homes Association shall be perpetual; shall
. purchase insurance; pay taxes; specify in its charter and by-
laws an annual homeowner ' s. fee; provision for assessments, and
provide. that all such charges become. a l.ien. on each property
. .in favor- of said .Association.. .. The Association shall have the
right to,.procedd in accordance with all necessary legal action
for. the fore.closure and enforcement. of. liens, and it, shall also
have- the- right to commence action against any member for the
collection of any upaid assessment in any: court of competent
jurisdiction..
.9. The, developer-, shall. ass..ume. all responsibilities as
previously outlined .for_ the Homes_ Association- until a. majority.
of the dwelling sites .are sold at which time. the Homes Association
shall be. automatically. establ.ished.
10. .. Prior to. Site Plan approval the -developer. shall file
wi.th .the, Town. Board a performance bond . to .insure the .proper
installation . of all required ._improvements.,; .and a maintenance
bond .to insure. the ..proper. maintenance .of- a,ll common lands until
the .Home.s Association. is established,. .,The amount and. -term of
said bonds. shall be .determined . by the, Planning Board, and the
f.orm, . sufficiency, m.anner .of execution, and .surety shall be
approved .by .the Town Board..
X. By..-amending the Bulk and Parking Schedule of said ordinance
applicable to "A" Residential Districts by repealing colums B in
said schedule.
XI.. . By amending the Bulk and Parking Schedule.. of said.
or dinance :by .increasing .the lot :width ,applicable to single family
dwe;llings...in the "AO .Residential .Districts from 135 feet. to 150 feet.
NOW, THEREFORE, BE IT RESOLVED that a .public hearing will be held by
the Southold Town Board at the office of the. Supervisor., 1.6. South
S#ree.t; Greenpor,t,. New York, on.May 8, 1973 at 7 :30 P.M. , on the
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abovementioned amendments to the .Building Zone Ordinance, and that
the Town -Clerk be, and he hereby -pis, authorized .'and .directed ,to cause
notice of said. hearing . to:,,.be :published -:in the official newspaper
pursuant to :the requirements of , law. ., ' - - L.
Vote of -the - Town Board: Ayes:: : Supervisor: Martocchia, Councilman
Rich, Councilman Homan, Justice Suter,_:Justice 'Demarest.
Moved by .Councilman Homan; seconded. by Justice :Suter;.
WHEREAS Sam Brown applied-to the ;Town• Board _.for .a single trailer
renewal permit :dated : .
NOW, THEREFORE, . BE IT RESOLVED,:thatthe application of Sam Brown
to locate a single trailer on- his .property. off Middle .Road, Cutchogue,
New York,. -be; and hereby ,.is granted, for; a :period of s.ix _(6): months .
Vote of; the .Town Board: Ayes : : Supervisor: Martocchia, Councilman
Rich,..Councilman Homan.,. Justice. Suter_, -Jutice _Demarest.
Moved ,-by Justice :Suter, seconded by Justice Demarest., it was
RESOLVED that the Southold Town .-Board approves the --Fishers Island
Ferry District:' s acceptance :of: the .lowest bidder on. the .improve-
ments. .of the .Fishers Island, Ferry. .Distr.ict office by A. John Gada
at $2, 207. 00. Bouten Services, Inc. bid was $2,.779:. 00:..
Vote of ,the Town. Board: Ayes.: - Supervis,or..Martocchia, Councilman
Rich, -Councilman Homan, Justice .Sutery :Justice Demarest.
Moved.by :Councilman- Rich, .seconded by Councilman Homan;;-it-was
RESOLVED :that. Supervisor Martocchia be. .and, he -.hereby is _authorized
to advertise .for.. bids for -two (2) sanitary units :for- Town beaches.
Bids to. be .opened April 26 ;. 1973 at 2 :00 P.M. at the _Supervisor '.s
Office, 16 .South Street, Greenport,: New York::-._ : . =
Vote of the-Town Board:: -Ayes :, :Sup.ervisor :Martocchia,_ Councilman
Rich', •:Councilman: Homan, :JUstice Suter-, iJustice .Demarest._
Moved :by Councilman: Homan:,:. seconded by Justice Demarest;_: -
WHEREAS, East::End -.Associates -.has :heretofore %.presented .a .petitio.n
to 'this board :-requesting that-:the :territory_ �descr bed::in. 'said
petition -be annexed to. the •Village of Greenport, and
WHEREAS; a public.-.hearing-with respect 'to :sa-id .petition .was- duly
held -jointly with the.Board .of.. Trustees :of -the -Village of Greenport
on the .12:th day of�:Jan.uary, 1973 to hear, any testimony and: receive
evidence: and ;information .which .may_,_b.e;:presented _'concerning.:the _said
petition- and the question ,-of whether the proposed:_annexation. is::or
is not..in .the -.over-all public :interest,.: : . : .,-
NOW, THEREFORE,,-)-this.:board •does hereby .make the following :findings
with respect :to::compliance :of the :said •petition: with,.the provisions
of Article 17 of the General Municipal Law and .with respect. to
the .effect:.:of. such)-proposed;,annexation..on the over-all :public
interest,--:to wit:
I. . That-:the _said .petition -substantially .complies~ in: .form :with
the -provisions _of :Article .17 .of..the General:-Municipal-..Law.
II. That the .proposed .annexation. .is.-.not ;in the over-all
public .interest : (l) .o,f .the•-.territory,propos.ed.`to :be annexed or
(2).:: of, the .Village:=of Greenport .to :which :the :territory .is..proposed
to be annexed, or (3) of the •remaining .area .;of :the Town of Southold
in which said -terr.ito.ry_:_is::situatedi,-•. o.r;:-(4) .of the .UniQnn Free
Schoch District :No.: 10: or -.the::East-West :.Fire . Protection District•:,
both of, which:.districts are'. situated: :partly:in the :territory
proposed . to :be :annexed for -the ,following reasons ,' to
(a) . :As .indicated on-.::the map annexed :to :said -petition the
area of the territory sought to be annexed ,compris-es, 48. 7186._ac„r:es
of,--,vacant . land:).- The:-land- on _the::south =and:_west ,o.f,:the: territory
in .question is within the -incorporated -Vil-lage -of .Greenport :and -
owned by thei.:Villager;oft Greenport .and•�.is..unihhabited land utilized
for park and watershed purposes by .the Vi-11age.: rI:The _land' --to ,the
east add north:. (acr-oss__Middle -Road.;. :County•-Route =2,7_).•._is outside
the incorporated limits of the Village of Greenport and is used,
occupied and zoned for one family dwelling purposes. The territory
sought to be annexed and the land lying to the north and east thereof
is within the "A" Residential and Agricultural District under the
,: 340
Town of .S.outhold Building..Zone- ..Ordinance.-.which:=provides. for minimum
size lots .of 40;:.000 .squar.e feet chf .both:. publ:ic- water and public
sewer <are: not provided and , 20;.000 :.square :feet if.-both public .:sewer
and public water is provided:. .. .-P.ub'lic .waster. is: available ::to= the :.
territory i.n .question, but;.publ:ic. sewers. ar.e:-.not. r --The _zoning
ordinance. of: the--,,Village of, -Gr.eenpor,t ,_adopted.-in :Octoberl,: .1971
provides that areas annexed to the Village shall be in the R-1
zoning district -which requires. a: m.inimumi'.lot. size .of .10, 000 square
feet without ,regard to whether.:_public:.sewer :.or water is�.provided.
Therefore if the territory in question were annexed .to..the.:V.illage
of Greenport,. the zoning- requirements of the Village_ of Greenport
would permit four times the number. of- dwellings .-to:_be -bdilt than
is allowed ,by the ,Town:'.s ,zoning. ordinance:. The Southold .Town
Planning: Board:.has recommended,:.that :the. proposed annexation_ be
denied since--the:,developmen,t �o-f .the- territory,_with..four:,t.imes the
number of dwellings permitted by the Town zoning ordinance would
seriously endanger °the -:limited,-fresh water..-resources :of• the Town
and would conflict with the master .plans. .of: bo.th::the: Town.-of Southold
and Suffolk..County... The :Superintendent -of :Utilities -of:.the Village
at thei hearing on .this .matter _conceded.that the supply of water in
the Town is limited.
(b) . The petitioner-1s. .attorney indicated at the :hearing
on this matter: .that,.the. .prima.ry .reason: for requesting :annexation
was to avail themselves of the public sewer system of the Village
of Greenport,. ., The. Village, sewer--sys.tem Is -a-. primary::treatment
system with a maximum capacity..iof 5.00,-000 :gall-ons.:.per.:day.- . The
partially .treated .effluent .is :discharged ..into,.the- waters _of.- Long
Island .Sound within ,th.e. Town. o.f; Southold. - At the :hearing,:;_the
Village Superintendent .of Utilities stated -that such :system: is
presently in .violation -of. law. The ::Villag.e of -,Greenport is presently
engaged in litigation -with .r_es.pect,,to its sewer. system (Semahs
PropertiEs, Inc. v. Board of Trustees if the Village of Greenport,
Suffolk County, -Index: 71-13687)-,•: i-.Exhibits:.and: affidavits .:submitted
by the .Village in.!the .proceeding indicate -_the: Village ':_s sewer
system-is presently operat-ing ::at,.85/ .Qf its _capac.ity-.::(425,,000)
gallons per day) ; -that:_the projected. anticipated -increaser.in. .ithe
load within the -present limits -.of the .Villag:e. would bring-the.- .daily
volume of. the plant up .to _53-5., 0.0.0 gallons :per,_day. ., This :Board ,
believes :that -.the:,proposed::annexation .wo.uld -possible result: -in the
discharge of :additional-amounts of inadequately treated sewage into
the waters. of Long � Island Sound:_and: thereby. .endange the. heal-€h of
the inhabitants of the Town .of Southold. !iiThis -board. further believes
that if :the .territory in question :were not: annexed, to: the..Xil;lage .
that if. petitioner •were .to develop the :pr.operty. with -lots.fof 20, 000
square feet,-in size, .ithat. the developer.,:. at his- own expense, would
have to:-,construct a communal ..sewer .system_ in :conformance with
present health standards, and therefor eliminate. :any threat of
pollution of the waters: 'surr.ounding "the _Town :.of :Southold. ..
..(c)- This .board :is mindful of the fact that the Village
of Greenport is desirous:.of .increasing ;its _tax base.-, ..The -Territory
in question . is presently assessed -_on:..the =.Town tax :rolls at -$14, 000, and
if annexed would -increase .the Village :tax base by . less. than onevhalf
of one .percent. .This .board ° is of,_the- opin(emnn that ,the detriment
to the. Town would far outweigh any benefit :that.:the Village would
achieve by such _a -miniscule -:increase,.in -its :tax base.. : ,:_ ..
For the reaons hereinbefore -.set- forth,.. _this .Board .does hereby
DETERMINE that it• is.%not in the over-all :public.interest .:to. approve
such proposed annexation of .the territory set.:forth in the petition
of East End Associates.
The foregoing resolution was- duly put -to a vote which :resulted
as follows :. Supervisor :Martocchia voting -yes; Councilman --Rich .
voting yes.,. Councilman Homan voting :yes.;:: Justice Demarest :voting
yes, Justice ,Suter voting yes. ., :
The resolution was declared .unanimously:adopted. . : _
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ivioveaThprdohavingabeEnmpnpsentedd�tQ 't iisu 'b rn=BBand�a-petition of
East End Associates requesting that the territory described in said
petition be annexed to the Village of Greenport; and a phhld:rL hearing
with respectto said petition having been duly held jointly with the
Board of Trustees of the Village of Greenport on the 12th day of
January, 1973, to hear any testimony and receive evidence and
information which may be presented concerning the said petition
and the question of whether the proposed annexation is or is not
in the over-all public interest, and. this town board having, by a
resolution duly adopted on the loth day of April, 1973, duly
determined that it was not in the over-all public interest to
consent to the annexation of the territory described in said petition;
Now, on motion of Councilman Homan, seconded by Justice Demarest, it
is
ORDERED that this town board does hereby determine that it is
not in the over-all public interest to approve the proposed annexation
of the territory described in the said petition of East End Associates
and does hereby disapprove such proposed annexation and does not
consent to the same; and it is further
ORDERED, that the Town Clerk shall cause a certified copy of
this order, together with copies of the petition, the notice, the
written objections, if any, and testimony and minutes of proceedings
taken and kept on the hearing, in the office of the clerk of the
Village of Greenport; and it is further
ORDERED, that the town clerk shall cause a certified copy of
this order to be filed in the office of the County Clerk of the
County of Suffolk.
/s/ Albert M. Martocchia, Supervisor, James H. Rich, Jr. , Councilman,
James Homan, Councilman, Louis M. Demarest, Town Justice, Martin
Suter, Town Justice.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Ric} , Councilman Homan, Justice Suter, Justice Demarest.
A recess was ealled at 3 :45 P.M. , to reconvene at 4 :45 P.M.
Meeting reconvened at 4:45 P.M.
Moved by Justice Demarest, seconded by Councilman Homan, -it was
RESOLVED that General bills in the amount of $11, 169. 79; Fishers
Island Ferry District bills in the amount of $13, 455. 00; Highway
bills in the amount of $8,430.48; Special District bills in the
amount of $4, 561. 99; and Capital Account bills in the amount of
$3, 277 . 32 be .and the same are hereby ordered paid.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich,, Councilman Homan, Justice Suter, Justice Demarest.
Mrs. Jean Tiedke appeared before the Board .to propose an investigation
into the polution of ground water at the Town Disposal area.
Meeting adjourned at 5 :00 P.M.
r'.
Albert W. Richmond
Town Clerk