HomeMy WebLinkAboutTB-06/19/1973 6?
SOUTHOLD TOWN BOARD MINUTES
Meeting of June 19, 1973
The Southold Town Board met at the office of Supervisor Albert M.
Martocchia, 16 South Street, Greenport, New York, at 3 :00 P.M. ,
Tuesday, June 19, 1973 , with the following present:
Supervisor Albert M. Martocchia
Justice Martin Suter
Justice Louis M. Demarest
Justice Francis T. Doyen
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
Deputy Town Clerk Judith T. Boken
Absent: ------ Councilman James. H. Rich, Jr.
Councilman James Homan
Town Clerk Albert W. Richmond
Moved by Justice Suter, seconded by Justice Demarest, it was
RESOLVED that the minutes of June 5 , 1973 be and they hereby are
approved.
Vote of the Town Board: Ayes : Supervisor Martocchia, Justice Suter,
Justice Demarest, Justice Doyen.
Moved by Justice Suter, seconded by Justice Demarest, it was
RESOLVED that the next meeting of the Southold Town Board will be
held at 3 :00 P.M. , Tuesday, July 10, 1973 at the office of
Supervisor Albert M. Martocchia, 16 South Street, Greenport, New
York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Justice
Suter, Justice Demarest, Justice Doyen.
On motion of Justice Demarest, seconded by Justice Doyen, it was
RESOLVED that the reports of Justice Suter and Police Chief Cataldo
be and hereby are accepted by the Town Board and placed on file.
Vote of the Town Board: Ayes : Supervisor Martocchia, Justice
Suter, Justice Demarest, Justice Doyen.
Supervisor Martocchia opened the meeting for discussion.
Mr. Steve Tsontos, Mattituck, spoke in opposition to the proposed
dredging and sand and- gravel operation proposed by East Coast Mines,
Inc. of Quogue, New York at the Mattituck Inlet. Mr. Tsontos stated
his reasons for opposition area threat to navigation, excessive
traffic, detriment to the roads, spillage, insufficient tax revenue
to maintain damaged roads, smoke emissions. (There were three other
objections who voiced similar objections . )
Mrs. Jean Tiedke stated that the North Fork Environmental Council
and League of Women Voters also objects to the East Coast Mines,
Inc. proposed dredging and sand and gravel operation, and Supervisor
Martocchia stated that he has a letter from the North Fork Environ-
mental Council dated June 11, 1973 outlining their objections in
full. He also had a letter from the New York S;tateeDppartment of
Environmental Conservation, *ithaa copy of an application from East
Coast Mines, Inc. for permission to construct. four mooring piles and
dredging in Mattituck Creek, 1000 feet south of Mattituck Inlet.
On .motroln of Justice Suter, seconded by Justice Demarest, it was
RESOLVED that the Southold Town Board register their objections
with the New York State Department of Environmental Conservation
to the application of East Coast Mines, Inc. to construct four (4)
368
mooring piles and dredge an area 260 by 35 ft. to -12 ft. MLW in
Mattituck Creek, 1000 feet south of -inlet, Mattituck, New York, as
such a project would block the waterway. Further, . the Town Board
opposes any additional spiles outside of what presently exists.
Vote of the Town Board: Ayes : Supervisor Martocchia, Justice
Suter, Justice Demarest, Justice Doyen.
Mrs. Tiedke asked the Board if anything had been done about applying
for a Ford Foundation grant for funds to undertake aerial mapping
of wetlands. Supervisor Martocchia stated that Mr. Frank Kujawski
Jr. , -Chairman of the gouthold Town Conservation Advisory Council
was looking into this-matter and is to report to him.
Mrs. Gladys Csajko asked if the Board had made provisions in the
Zoning Ordinance to cover notification of adjoining property owners
when there is a public hearing on a change of zone or appeal. Mrs.
Csajko was advised that the Board is presently working on amending
various ordinance and would take it into consideration.
Mrs. Csajko presented to the Town Board a report by the North
Fork Taxpayers Association, Inc. , of vacant land in Southold Town,
showing 20, 470 acres of vacant land on the tax rolls as of June
1972 . This report included a full breakdown of all categories of
vacant land.
On motion of Justice Doyen, seconded by Justice Degiarpst, it was
RESOLVED that the Southold Town Board approves the action of the
Fishers Island Ferry District on the following matters:
1. The hiring of Elizabeth McCloskey, Fishers Island, as
reservationist June 1 through October 31, 1973for ferry reservations
for automobiles leaving Fishers Island on Sunday, 10 hours per week
at 4-3 . 00 per hour.
2. Increase the working hours of Ione D. Norton, Fishers
Island, from four hours per day to eight hours per day, from July
3 through September 6, 1973 .
3 . Engage the services of the following individuals to work
at the theatre for the summer months :
Edwin Horning - Cashier @ $73 . 00 per week
J. B. Hartsfield - Projectionist @ $16.00 per show
Robert Doyen - Ticket Taker C $9.00 per show
Vote of the Town Board: Ayes : Supervisor Martocchia, Justice
Suter, Justice Doyen, Justice Demarest.
A letter was received from Jeanne Lowell, a taxpayer and summer
resident, protesting the fact her daughter was denied permission
to be enrolled in the Drivers Education course at Southold School
for the summer. This letter is being turned over to the Southold
Board of Education for reply, as it is not a Town Board matter.
Supervisor Martocchia advised those present that he had' a letter
from John V. N. Klein, County Executive, dated June 4, 1973
advising him of the new social service law effective January 1,
1974 providing aid to the aged, blind and disabled and supplemental
payments to alcoholics and drug addicts. The Town charge is 50%
of the total cost to each town, and Southold Town 's share is
$8, 400. A recent meeting of the ten towns determined that each '
town would handle their own home relief program rather than the
County as had been suggested.
A Metter was received from Mrs . Carolyn Gaines, Chairman of the
Inter Agency Council of Southold Township expressing concern for
displaced families in the Greenport Homes. --- Mr. Bill Lawrence
statedhhe attending Board of Appeals meetings where it was stated
the building s would be refurbished and remodeled, and many rebuilt.
. Supervisor Martocchia stated that the matter of the action for
annexation by Greenport Village had been resolved. The decision of
the referee had been that the only one to gain by annexation would
be the petitioners and the Village of Greenport; that it would not
be in the interest of the overall public.
3.69
A letter was received from Russell E. Mann recommending that the
Greenport location for the Town Hall site be considered by the
Town Board as it is available without. cost to the taxpayers, the
land is already off the tax rolls and adequate water is available.
A letter was received from Mrs. Joan R. Smith relative to noise
from some sort of operation at the mouth of Mattituck' Creek. ` The
letter was referred to the Police Department.
A letter was received from Aline Dove, President of the North
Fork Audubon Society, Mattituck, New York, requesting the support
of the Town Board to save the land at Orient Point as a Town park.
A letter was received from Lipsitz, Green, Fahringer,, Rocll, Schuller
& James re : acquisition of title of an abandoned portion of Nassau
Point Road, Cutchogue. Highway Superintendent Dean advised he has
taken care of the matter.
Supervisor Martocchia advised those present that the Suffolk
County Showmobile will be at Cedar Beach Park on July 7 , 1973 from
2 :00 P.M. through 4 :00 D.M. with the Smith Street Society Band.
A letter was received from Isabel E. Ross, Corresponding Secretary
of the Cutchogue-New Suffolk Historical Council, suggesting the
purchase, by the Town of Southold, of the John Downs farm, route
25 in Cutchogue, the site of. an old indian fort used by the Corchaugs.
Supervisor Martocchia advised that there will be a training session
for all members of Boards of Assessment Review on June 27 , 1973
from 9 :30 A.M. to 4:00 P.M. `at- the Legislature ' s Room, County' Center,
Riverhead, New York.
A letter was - received from E: Geoffrey High-, Secretary of the-.Oyster-
ponds Historical Society, Inc. , Orient, New York inviting the Southold
Town Board to be present at their 1973 opening on June 30th at 2 P.M.
On motion of Justice Doyen, - seconded by Justice Suter, it was
RESOLVED that Supervisor Martocchia be and he hereby is authorized
to sign a rental agreement with the--Board of- Education of Fishers
Island School District ##4 for the use of a parcel of land approx-
imately 1/4 acre in size located- &t- the junction of- Whistler Avenue
and School Road, Fishers Island, New York, with the following
specific conditions :
(A) Rental Terms - One dollar ($1.00) per year for a ten (10)
year term,. commencing July 1, 1973 and ending July 1, -1983 .
(B) Said contract- shall be renewed at the option and agreement
of both parties.
-(C) Said parcel of land shall be used for the purpose of
Township outdoor tennis courts'.
(D) An existing concrete pad shall be made available for the
final completion of the above recreational facility bythe Township
of Southold.-
(E) Said facility shall -be- maintained by the Board- of Education,
U.F.S .D.##4, as well as all surrounding lawn area -and parking- areas.
(F) - Liability insurance coverage- to- meet accident risks- shall
benencumbered by the Board of Education, H.F.S .D.##4.
Vote of the Town Board: Ayes : Supervisor Martocchia, Justice
Suter, Justice Demarest; Justice- Doyen.-
On motion of Justice Suter, - -seconded by Justice Doyen, it was
RESOLVED- that the Superintendent of Highways of the Town of Southold
be ' authorized to- advertise fore bids- and• to purchase from the,. lowest
responsible bidder, the following:
One- -(-1) New 1973 International Fleet- Star- Dump Truck, or EQUAL.
Vote of the Town Board: Ayes: Supervisor Martocchia, Justice Suter,
Justice Demarest, Justice Doyen. -
, 370
Moved by Justice Demarest, seconded by Justice Suter,
WHEREAS the Southold Town Planning Board and Suffolk County
Department of. Planning ,have prepared official reports and
recommendations on the application of Albert W. Albertson,
Southold, New York, for a change of zone from "A" Residential
and Agricultural District to "C" Light Industrial District,
NOW, THEREFORE, BE, IT RESOLVED that. a public hearing will be held
by the Southold Town Board. at 16 South Street, Greenport, New York
on July 10, 1973 at 8 :30 P.M. , on the abovementioned petitions,
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
newspaper pursuant to the requirements of law.
Vote of the Town Board: Ayes : Supervisor Martocchia, Justice Suter,
Justice Demarest, Justice Doyen.
Moved by. Justice. Suter, seconded by Justice Demarest,
WHEREAS the Burton Potter Post #185 , American Legion, Greenport,_
New York applied to the Town Clerk for a Bingo License, 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 the findings and determinations as required by law,
and it is further
RESOLVED that the Town Clerk be ,and he hereby Is directed ..to.. issue
a Bingo License to the Burton Potter Post #185 , American Legion,
Greenport, New York.
Vote of the Town Board: Ayes : . Supervisor Martocchia, Justice
Suter, Justice Demarest, Justice Doyen.
Moved by Justice Demarest, seconded by Justice Doyen, it was
RESOLVED that Chief Carl Cataldo is hereby authorized to sign an
agreement on behalf of the Town of Southold with Thompson Signal
Devices, Inc. and the Sea Food Barge, Inc . for the connection of a
leased line alarm system to the alarm panel of the communications
console at Police ,Headquarters, ,Main Road, . Peconic, New York.
Vote .of , the Town, Board: Ayes : Supervisor Martocchia, Justice
Suter, Justice Demarest,.. Justice Doyen. .
Moved by Justice Demarest, seconded by Justice Suter,
WHEREAS Russell Allan Stassen by application dated June 28, 1972
made application for a wetlands permit for the purpose of constructing
a wood walkway across meadow land adjacent to Eugene's Creek, the
premises in question being known ,as "Reserved - Plot A", Section 2,
of a subdivision map of M. S . Hand recorded in the Suffolk County
Clerk ' s Office as Map No. 1280, which said premises are- located on
the easterly side of Stillwater Avenue. at Cutchogue, New York.
WHEREAS, the said application as referred to the Southold Town
Board of Trustees and the Southold Town Conservation Advisory
Council for their findings and determinations, and
WHEREAS a public hearing was held by this board with respect to said
application on the 12th day of .September, 1972 , at which time all
interested persons .were given .an opportunity to be heard, and
WHEREAS this, board has thereafter examined all statements andV
documents submitted with respect to such application and has also
visited the premises in question and ,is therefore familiar with .the
premises and the effects upon the .same which would result- by reason
of granting of said application, and
WHEREAS on the 10th day of October, 1972 this. Board granted Russell
Allan Stassen .a permit to. construct a wood walkway in accordance with
the plans submitted to this board upon the following conditions, to
wit: A. That the Town Clerk shall withhold the issuance of such
permit until applicant has removed the fill recently placed on said
wetlands.
B. That the approval of the permit herein and the construction
proposed by applicant shall be subject to any and all rights which
other property owners in the vicinity may have in, on or over the
premises in question.
i I
371
WHEREAS on June 19, 1973 this board was notified by the- Building
Department of_ the .Town of Southold that Russell Allan- Stassen has
removed the excess fill which was placed on -the wetlands - of his'
property, it is therefore:
RESOLVED that the Town Clerk be and he hereby is directed to issue
a. Wetland Permit to Russell Allan- Stassen for the purpose of
constructing a wood °walkway across meadow land adjacent to Eugene ' s
Creek, the premises in question being-known as "Reserved Plot A",
Section 2, of a subdivision map of M. S . Hand recorded in the
Suffolk County Clerk 's Office. astMap No. 1280, which premises are
located on the easterly side of Stillwater Avenue at Cutchogue, New
York, provided the approval -of the permit herein and the construction
proposed by the applicant_ shall . be subject-- to any. and all rights
which other property owners in the. vicini.ty may have in, on or over
the premises in question.
Vote .of the. Town Board:-- Ayes : _ Supervisor Martocchia, austice
Suter, Justice Demarest, Justice Doyen: .
On motion of Justice Doyen, seconded by Justice Demarest, it was
RESOLVED that the Superintendent .of Highways--of the- Town of Southold
be authorized to advertise for- bids. for surfacing tennis court on
Fishers Isladd, New York with blacktop. Bids to be opened at the
Highway Department at 2 :00 P.M. , .-June 26, 1973 .
Vote of the Town Board: . Aye.s : Supervisor .Mar' tocchia, austice
Suter, Justice Demarest, Justice Doyen.
On motion of Justice Demarest, -seconded by Justice Suter, it was
RESOLVED that -this Town Board meeting recess at 4 :05 P.M. , to
reconvene at 5 :00 P.M.
Meeting reconvened-:at .5 :35:.P..M .:
On motion of Justice Demarest, .. seconded by Justice Suter,
WHEREAS.; the :.fo.ilowing Local- law being proposed-, Local Law No. 1 -
197:3..was.. heretofore introduced at this meeti.ng : by a member of this
board, said local law being as : follows,�_.to .wit:
LOCAL LAW NO. 1 - 1973
A LOCAL LAW TO AMEND THE PENALTY PROVISIONS OF CERTAIN
EXISTING ORDINANCES AND LOCAL LAWS OF THE TOWN OF SOUTHOLD
Be it enacted by the Town Board of the Town of Southold as
follows :
Section 1.
A. The penalty sections 'of certain existing ordinances of
the Town of Southold, as :enumerated below, are hereby
amended to read as p;ovided in Subsection B below.
(1) Section 7 of the Bicycle and Motorcycle Ordinance
adopted 10-2-15.
(2) Section 5 of an ordinance adopted 5-21-57 regulating
the burning of rubbish.
(3) Section VIII of an ordinance adopted. 4-7-70 Regulating
the Use of Parking Areas at Southold Town Beaches.
(4) Section 2 of the Good Order Ordinance adopted 9-21-65.
(5) Section 3 of the Peddling and Soliciting Ordinance
adopted 4-7-70.
B. The sections enumerated in Subsection A above are hereby
amended to read as follows:
"Any person committing an offense against. any provision
of this ordinance shall, upon conviction thereof, be guilty
of a violation punishable by a fine not exceeding two hundred
fifty dollars ($250. )' or 'by imprisonment for a term not
exceeding fifteen (15) days, or by both such fine 'and
imprisonment. The continuation of an offense against the
provisions' of this 'ordinance 'shall constitute, for each
day the offense is continued, a separate and distinct offense
hereunder. "
372
Section 2 .
A. The-penalty- sections of certain. existin.g. ordinance. of the
Town of STowthofd$oathold.,. as enumerated. below,.-. are . hereby. amended
to to read as provided in Subsection. B below.
(1) . Section 4 of an Ordinanc.e. Regula.ting the Placing of
Obstructures- in and..on Town_ Waters and Public- Lands
and the., Removal of- Sand and .Gravel from Lands Under
Town Waters, adopted 5-18-59.
(2) Next to last .paragraph (unnumbered) of the Public. .
Docks Ordinance adopted 6-28-53 .
.(3) Section- ll, of , the Boat Ordinance adopted 10-4-60.
.(4) . Section 4 of an Ordinance . Regulating the . Raising. and
Keeping. of. Ducks adopted , 5-24-49.
.(5) Section XIII of the Excavatiop Ordinance adopted
216-65.
_(6) _ . Sectio.n_ 18. of. an.. Ordinance Providing for the Regulation
of Tourist Camps, , Hous.e_.Trailer . Camps , House Trailers
or Similar Establishments (as renumbered 9-24-58 from
Section 22) adopted. 6-30-53 . )
. B. The sections- enumerated in-.Subsection_A..above . are_.hereby
a amended to read ,as fo-llows :.
"A. Any person., committing an offense against-any provision
. of . this ,or.dinance.. shall, .upon. conviction thereof,
be guilty of. a_ violation punishable_by .a. fine. not .
exceeding two hundred fifty dollars ($250. ) or by
imprisonment for a term not exceeding fifteen. (15).
days, or by , such fine and ,imprisonment., . The continuation
of an offense against the provisions. of. this _ ordinance
shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder. .
"B. In addition to the above-provided penalties, the Town
BSard may also ,maintain an action or proceeding .in. the
name of the. town . in. a. court of competent jurisdiction
to compel compliance with-.or restrain by. injunction
the violation. of. this . ordinance. "
Section 3 .
Section V of the Ordinance Prohibiting and Regulating the
Disposal of Garbage and - Rubbish adopted 3-23-48 and amended in its
entirety 6-25-65 is hereby amended to read as follows :
"A. Any person committing .an offense. against-.any provision of
this ordinance shall, upon conviction thereof, be guilty
of a violation punishable by a fine not exceeding two hundred
. fifty dollars ($250. ) or .by .imprisonment . for a term not
exceeding fif teen . (15) .days, or by such fine and imprison-
ment. The continuation of. an .offense against.the provisions
of this ordinance shall. constitute,. for.-each day the offense
is continued, a separate and distinct offense hereunder. .
"B. Any person committing an .offense against -the -provisions of
this ordinance shall._be .subject to a civil penalty enforceable
and collectible .by..the town -in..the .amount of one hundred
dollars- ($100. ) for each- such offense. Such penalty shall
be collectible..by..and%-in the name of the .town for each day
that such violation shall continue.
"C. In addition to the above-provided penalties, the Town
Board .may also maintain an action or proceeding in the
name of the town in a court of competent .j.urisdiction to
compel compliance .with or to .restrain by inJ.u,nction the
violation of this ordinance.. "
Section 4.
Section ,1100 _of _Local .Law .No. 1-1967 , entitled "A. Local Law
Establishing a .Housing Code for the Town of Southold,:" is hereby
amended to read as follows : _
"A.. Any -person committing .an .offense against any provision
of this .local law,, or any per.son . who fails to comply with
a notice or order within the time limit .sta,ted thereon,
shall, upon conviction thereof, be guilty of a violation
punishable by a fine not exceeding two hundred fifty dollars
($250. ) or by imprisonment for a term not exceeding fifteen
37 3
(15) days, or by both such fine and imprisonment: The -
Continuation of an offense against the provisions of this
local law shall constitute, for each da'y `the offense is
continued, ' a separate and distinct 'offense hereunder.
"B. In addition to- the above-provided penalties, the Town
Board may also maintain an action or-proceeding in the name
of.' the town in a court'of competent jurisdiction to compel
compliance with or to restrain- by injunction the violation
of this local law. "
Section 5.
Section VII of' an Ordinance- Licensing and Regulating Secondhand
Junk_ and Auto Parts Ac-tivities ' and Businesses adopted 8-10-65 is
hereby amended to read as follows :
"A. The owner or licensee of any such place of business who
co,minits or permits` the commission of any ' offense against
any of the provisions of this' ordinance 'shall be deemed to
have comm-itted a violation and shall be- liable for any
such offense or' the penalty therefor. Each day such
offense shall' 'continue or' b-e permitted to exist shall
constitute a -separate offense. `
"B. For every offense against any provision of this ordinance,
the person committing the same sha-1l,` upon 'conviction
thereof, be subject to a fine of not .more than two hundred
fifty dollars ($250. ) or imprisonment" not exceeding, fifteen
(15) days-; or by both such fine and- imprisonment.
"C.. Cohvict`ion' fo'r any, above-mentioned offense sha-1-1- constitute
and effect an immediate forfeiture of the license:
"D. Any person committing an' offense 3against this ordinance
shall-, upon conviction thereof, be subject to a civil
penalty enforceable and collectible by the town in the
amount of one hundred- dollars ($100. )- for each- such- offense .
Such penalty shall be collectible by and -in the name- .of the
town for each day that such offense shall continue.
"E. : ' In addition to the above-provided penalties and punishment,
-the Town Board may also maintain an action or" procodding
in the name of the town in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the
offense against such ordinance. "
Section 6.
. - 'Section XI of An- Ordinance Regulating the Taking and the Manner
of Taking Shellfish in the Town= of Southold- adopted 6=23-66 is hereby
amended- to read as- follows :
"A. Any person convicted of ari offense' .against any provision
of this- ,ordinance shall be deemed to have committed a
violation against such ordinance',- ' and also shall' be liable
for any such offense or penalty therefor.
"B. For every offense against any provisioni of this ordinance,
the person committing the- same shall be subject to a fine
of not more -than two hundred -fifty dollars ($250. ) "or
imprisonment not exceeding fif teen (15) days , or by both
such fine and imprisonment.
- - "C.- -A second conviction for an offense against any of the
provisions of this ordinance within a period of one (1)
year shall constitute and'effect an immediate forfeiture
of a permit issued'- to such person.' - No new permit shall
be issued to such person for at least one (1) year after
such forfeiture. (
-- -"D. Any person- committing an offense against this ordinance
shall be subject to a civi-1 penalty enforceable and
collectible by the town for each such offense. 'Such
penalty shall be collectible by and 'in the name of the town.
"E. -In addition to the above provided penalties and punishment,
the Town Board may also maintain -an -action or proceeding
in the name of the town in a court of competent -jurisdiction
to compel compliance -with, or-to restrain by injunction, the
offense against this ordinance ..
374
Section 7 .
Section 330 of An Ordinance. Regulating ,Dredging, Filling and
Construction Operations on Wetlands in the Town of , Southold adopted
6-29-71 is hereby amended to.` read as follows :
"A. ,'. Any,person committing . an offense against any provision
of this. ordinance, or failing to comply with a notice of
violation issued by the Building Inspect`or', shall, upon
conviction thereof, be guilty of a1violation punishable
by a fine not exceeding two hundred fifty dollars ($250. )
or by imprisonment for a term not exceeding fifteen (15)
days, or by both such fine and imprisonment. The
contiitation of an offense against the provisions of
this ordinance• shall constitute, for ' each day the offense
is continued, a separate and distinct offense hereunder.
"B.. In addition tothe .above-provided penalties, the Town
_ Board may_ also maintain an act ion, or_ proceeding in the
name. of the town in a, cour.t of competent jurisdiction
.. to compel, compliance with or torestrain 'by injunction
the violation of this ordinance. .
Section 8. This local law shall take effect as provided by law.
and
WHEREAS, this board: desires. to, hold a public hearing with respect
to said local ,law,
NOW, THEREFORE, BE. IT RESOLVE D ..that a public_ hearing be held by this
board with respect. to the adoption of the aforesaid. local law at the
Supervisor ' s Office, 1,6 South Street,I Greenpo'rt, New York at 7 :30
o ' clock P.M. on the. 17th day. of July 1973 , and it is further
RESOLVED .that the. .Town Clerk be. and, he, hereby is authorized and
directed to cause public notice of said hearing to be given as provided
by law.
Vote of. the Town Board: , . Ayes : Supervisor Martocchia, Justice Suter ,
Justice Demarest,. Justice.. .Doyen. ,
-Onmotion of Justice Demarest, seconded by Jus.tice .Suter,
WHEREAS the Town Board desires to ;amend an ordinance relating to
a code of ethicsand a board of ethics for the town as follows,
to wit:
Section 1.
Section 4 of Article II of An Ordinance Relating to a .Code,-of
Ethics and a Board of Ethics for the .Town of Southold, adopted
6-30-70,_ .is hereby ,amended to read .as follows : _
"In addition to any penalty contained in any other provision
of: law, any such town employee- whol"shall knowingly violate this
ordinance may be fined,._ suspended ,or r..emoved. from office or employ
ment in the., manner .provided by.:, law. "
Section 2 . _
This -ordinance shall take effect .immediately..-.
NOW, THEREFORE, BE .IT RESOLVED that a public hearing be held by
this board :with. :r.espect .to such„amendment at the Supervisor ' s
Office, 16- South Street,, Greenport, .New York at 7 :.30 o ' clock P.M. on the
17th day of July 1973, and it is . further
RESOLVED that :the Town. Clerk be ..and he hereby is . authorized and
directed to
cgiv.e notice .of .such .hearing- as- required by .law.
Vote of- ,the Town Board: . Ayes: Supervisor Martocchia, Justice
Suter, Justice Demarest,- Justice Doyen.
On motion of Justice Demarest, seconded by Justice Suter,
WHEREAS the Town Board ._desires to . amend an ordinance regulating
the burning of rubbish in the .town as. follows , _to wit:
Section 1. I . - .
Sections 1 through .5 of An Ordinance Regulating the Burning
of Rubbish, adopted 5-21-57 , are hereby renumbered ,as Sections 2
through 6, respectively.
Section 2.
A new Sectio;n . l -is hereby added to read as follows :
"A. The Town Board of the ,Town of Southold is hereby
authorized to enter into an agreement with the Board
of Commissioners of any fire district now or hereafter
75
established in said town, to provide for the issuance
of fire permits for the burning of grass, leaves, brush,
rubbish, refuse, buildings or other materials in the
fire district in which issued.
"B. Such agreement shall provide standards or conditions for
the issuance of such permits including, but not limited
to, specification of the exact location of the -fire for
which the permit ' is 'sought, and prohibition of fires on
streets, highways, sidewalks and other public places
where deemed necessary. -
Violation of the conditions attached to any permit issued
pursuant to said agreement shall be deemed an offense
against this ordinance and shall be punishable as- such. "
Section 3 .
Section 3 of said ordinance, as renumbered by Section 1 above,
is hereby amended by adding-' at the end of the- 'section 'the phrase
". . .as provided in Section 1 above. "
Section 4.
This ordinance shall take effect immediately.
NOW, THEREFORE, BE IT RESOLVED that a public hearing be held by
this board with respect to such ' amendment at the Supervisor's Office,
16 South Street, Greenport,' New York-' at 7 :30 o' clock P.M. -on the
17th day of July 1973, and it is" further-
RESOLVED that the Town Clerk be and he hereby is authorized and
directed to give notice of such hearing as-.required' by law.
Vote of the'- Town Board: Aye-s : Supervisor Martocchia, Justice
Suter, Justice Demarest, Justice Doyen.-
On motion of Justice Demarest, seconded by Justice Suter,
WHEREAS the Town Board- desires to- amend an ordinance regulating the
raising and keeping "of ducks -within the town as follows, to wit:
Section 1.
Section 2 of An 'Ordinance Regulating the Raising and Keeping
of Ducks within the Town of Southold, adopted 5-24-49, is hereby
amended to read' as , follows :
"No person' shall raise or keep- ducks for personal or family
use, in excess of one hundred '-(100) , without first obtaining written
permission- of - the Town' Board.
Section 2 .
Sections 3 ; 4- and 5 are hereby renumbered as Sections 4, 5 and
6,- respectively, and a new Section 3 ' 'is added as- follows :
"Section 3 . Applications and issuance'of-.'permit.
"A. Applications for the permit required by Section 1 above
shall be on forms provided by the- Town Clerk and shall
include, ' among -other things,' the following information:
-(1) - . The number of ducks proposed to. be raised.
(2) Adescription' of -the -structures-'-and enclosures to
be used for such ducks, including :
(a) The design and dimensions. -
(b) - Type of construction- and materials- to- be used.
- - (c-) - _ Sanitary provisions. y
(3) Provisions for the collection and disposal of all
C.%7_' S waste- matter.
B. In addition- to the above information, - the Town Board may
require such information- as-- will enable it to make a
proper determination, including the submission of a sketch
of the property in question, and of 611 'property within
two hundred (200) feet; showing-:-
(1) All- existing and 'proposed- buildings , - structures and
- enclosures. '
(2) All property and street- lines.
(3) All bodies, of water- and drainageways.
(4) -Any other pertinent ' details.
"C. - In arriving' at �a determination regarding the- issuance- of
a permit to raise or keep--ducks as - a--commercial enterprise,
the Town Board shall be guided by all pertinent ordinances,
local laws and regulations of the town and, in particular,
the Zoning Ordinance. In no case, however, shall a permit
3°76
be granted if .a building structure or enclosure containing
ducks is• located nearer than. fifty. (50)_ feet , to a property
line or- ,dwelling., or nearer than one hundred (100) feet to
a street line. "
Section 3 .
This ordinance shall take , effect immediately.
NOW,, THEREFORE, BE IT RESOLVED .that .a public hearing be held by
this .board with respect to such amendment at the Supervisor' s Office,
16 South Street, .Green_ port, , New .York at .7 :30 o ' clock P.M.. on the
17th day=of July 1973, and it is further
RESOLVED that the Town Clerk be and he hereby is authorized and
directed to give notice. of such hearing as . r.equired by,. law.
Vote of the Town Board: Ayes : Sup e_rvisor .Martocchia,. Justice
Suter, Justice Demarest, Justice Doyen.
On motion of Jus.tice . Demarest., seconded by Justice Suter.,
WHEREAS the Town Board desires .to amend an ordinance prohibiting
and regulating the disposal of garbage and rubbish in the town as
follows, to wit:
Section .1.
Section II of An Ordinance to .Amend an Ordinance Prohibiting
and Regulating the: Disposal.. of Garbage and Rubbish,. .adopted . 3-23-48
and amended in its entirety 6-25-65, is hereby amended to read as
follows :
"A. No person shall collect, store, accumulate, throw, _cast,
deposit or dispose of, or, cause or. permit .to_ be collected,
stored, accumulated, thrown, cast, deposited or disposed
of, any refuse upon any premises or upon any street, high-
way, sidewalk, or public place within the Town of Southold,
excep.bxcept when authorized by the Town Board. .
"B. Nothing contained herein shall be construed so.. as„ to prevent:
" (1) The temporary accumulation of refuse by a ,resident
of the town upon premises .occupied by him to the
extent that such accumulation is ordinary and
necessary for his personal household requirements.
" (2) The disposal of ;refuse at any refuse disposal area
maintained or authorized by the Town. of Southold;.
" ( ) The proper use of receptacles placed upon: the
streets or other public places in the Town of Southold
for the depositing of .refuse; ppovided, however, that
such public receptacles shall no.t be used. for the
deposit of accumulated household garbage..
". (4) The engaging in secondhand junk and auto parts
activities and businesses when a license therefor
.has been obtained pursuant to the .provisions of the
.Southold Town ordinance .licensing .and, regulating
secondhand junk and auto parts activities and
b_ usineases. " .
Section 2.
The existing text of Section III is hereby designated as Sub-
section A and a new Subsection B .is added to- sai.d. Section III as
follows :
"B. No garbage, refuse, rubbish .or other .material that does not
have its origin within the Town of Southold shall be
deposited or disposed of -in the town refuse disposal area. "
Section 3.
This ordinance shall take effect immediately.
NOW, THEREFORE, BE IT RESOLVED that a public hearing be held by
this board with respect to such .amendment in the Supervisor ' s
Office, 16 South Street, Greenport, New York at 7 :30 o' clock P.M.
on the 17th day of July 1973., and it is further
RESOLVED that the Town Clerk be and he hereby is authorized and
directed to give notice of such hearing as required by law.
Vote of. the- Town Board: Ayes : Superfit kor Martocchia, • Justice
Suter,. Justice Demarest, Justice Doyen.
377
On motion of Justice Demarest,. seconded by Justice" Suter,
WHEREAS the Town Board . desires to amend an ordinance regulating ,the
taking and the manner of taking shellfish in the town as follows,
to wit-
Section 1.
In Section II (e). of An Ordinance Regulating the :Taking and the
. Manner- of Taking Shellfish in the Town of Southold, adopted 6-23-66,
the definition of "shellfish" is hereby- amended to read as follows:
"SHELLFISH -- Clams, scallops, oysters, blue claw crabs and
mussels. "
Section 2. -.
A new Subsection (f) is hereby added to 'Section' III as follows :
" (f) The presence of shellfish in excess of the limits, ' or
of less size than that set forth in this' ordinance,, found
aboard any boat or vessle in the waters of the. Town .of
Southold,, sha.11 be deemed- presumptive evidence of a
violation of this ordinance. "
Section 3.
In Sections IV and V, ` the- last sentence of Subsection E of each
is hereby deleted..
Section 4.
Sections VII through XIV are hereby renumbered as Sections IX
through XVI, respectively and two new Sections._ VII- and VIII are
hereby adopted as follows :
"Section VII, Blue claw crabs.
"A. Blue claw crabs measuring less than five- (5) inches from
point to point' of the upper shell shall not be taken from
the waters of the Town of Southold.
"B. A permanent resident, a temporary resident or;, a guest,
accompanied by a permanent resident may not take more .
than one-ha.lf (z) bushel of blue claw crabs from town
waters. in any one (1) day for noncommercial purposes.
C. Female blue claw crabs with eggs visible thereon, common-
ly called "sponge crabs, " shall not be taken from the
waters of the Town of" Southocld. "
"Section VIII. Mussels.
"A. A permanent resident, a temporary resident or a guest
accompanied by a permanent resident may not take more
than one (1) bushel of mussels from town waters in one
(1) day for noncommercial purposes.
"B. Not more than ten (10) bushels of mussels may be taken
from town waters for commercial purposes in one (1) day
by any .one (1) person. Two (2) or more persons occupying
the same boat may take, in- the aggregate, not- more than
twenty (20) bushels of mussels in one (1) day for commercial
pia • purposes. "
Section 5 .
This ordinance shall take effect immediately.
NOW, THEREFORE, BE IT RESOLVED that a public hearing be held by this
board with respect to such amendment at the Supervisor 's Office; 16
South Street, Greenport, New York at 7 :30 o 'clock P_.M. on the 17th
day of July 1973 , and it is further
RESOLVED that the Town Clerk be and he hereby is authorized and
directed to give _notice of such hearing as. required by law.
Vote of the Town Board: Ayes : Supervisor Martocchia, 'Justice
Suter, Justice Demarest, Justice Doyen.
On motion of Justice Demarest, seconded by Justice Suter,,
WHEREAS the Town. Board desires to amend the excavation ordinance
of the town as follows, to wit:
Section 1.
Section III of the Excavation Ordinance of the Town of
Southold adopted 2-16-65 is hereby amended to read as follows :
"No lands' -or other premises shall be operated or used as sand and
gravel pits, or for the excavation or removal of sand, gravel, stone
or other minerals , or for other excavation purposes , or for the strip-
ping or removal of ;topsoil therefrom, including sod farming, (except
wuch sod farming operations as remove only the top two (2) inches or
,378
less pf topsoil annually) without a currently effective permit issued
by the Town Board in" compliance- with the"provisions of" this. ordinance
or unless 1-isted- as- an exception in- Section IV. "
Section 2.
A new Subdection (h) is hereby added to Section IV to" read as
follows:
" (h) The- removal of two' (2) inches or less of topsoil
annually during the normal operation of sod" farming. "
Section" 3-:
This ordinance shall take effect immediately.
NOW, THEREFORE, BE IT RESOLVED that a public hearing be held' by
this- board with respect to such amendment at the Superviso.r ' s
Office', " 16- South Street; Greenport, New York- at 7 :30. 'o ' clock
P.M'." on the 17th' day' of July" 1973 , " and it is- further
RESOLVED" tYEt' the Town Clerk- be and he- hereby' is "authorized and
directed to- give notice' of such- hearing" as- required by law.
Vote of the Town Board: Ayes - Supervisor' Ma'rtbcchia, Justice
Suter, Justice Demarest, Justice Doyen.
On motion of Justice Demarest, seconded by Justice. Suter, -
WHEREAS, the Town Board desires to amend the traffic ordinance of
the town .as follows, to wit:
Section 1.
Article III, Section 1, of the Traffic Ordinance"of 'the Town
of Southold adopted 6-21-66 is' hereby amended' arid revised as follows :
"The following streets or parts of streets are hereby designated
as one-way' streets, ' and vehicles shall" proceed. only 'in the direction
indicated within the limits" designated-- below: -
Naive- of Street ' D'irectibn Location
Beckwith Avenue Northerly and Entire 'length
easterly-
Fones Street ' Easterly Entire length
Hobart Avenue Southerdty - Between New York Route 25
(Main Road) and Korn Road
Mechanic Street Southerly " Between New York Route 25
(Main Road) and Mechanic
Street East
Winthrop Drive- Southerly Between' Ferry Road and
_ - Whistler Drive"
Section 2 .
Article IV, Section 1, is hereby amended and- revised as follows :
"The following highway intersections.- are hereby- designated as
stop- intersections and stop "signs shall be erected as , follows :
- ' Direction At' Inter"- Location
Stop Sign On of Travel section with ;(hamlet)
Airway Drive North New Suffolk' Avenue Mattituck
Albo Drive (north West, Bray Avenue - . Mattituck
end)
Albo Drive (south- West Bray"Avenue Ma.t'tituck
end.)
Aldrich Lane Nor th Sound Avenue Mattituck
Aquaview Avenue West Rocky Point Road' - East Marion
Atlantic. Avenue North - Champlin Place Greenport
Bailey Avenue North Champlin Place - Greenport
Bailie Beach Road East Reeve Avenue Mattituck
Bayer Road West Wickham- Avenue Mattituck
Baywater Avenue West South Harbor Road Southold
Beebe Drive East "Eugene ' s Road Cutchogue
Bergen Avenue East Cox Neck- Road Mattituck
Bergen Avenue South Sound Avenue- ' Mattituck
Betts Street South East Road _ Cutchogue
Birch Drive Soizth' Peconic ' Bay Boulevard' Laurel.
Booth Place South Washington Avenue Greenport
Booth Place North Wilmarth• Avenue Greenport
Booth Road North Soundview Avenue Southold
3�9
Direction At Inter- Location
Stop Sign On of Travel section.�with I ..(hamlet)
Bray Avenue South Peconid Bay Boulevard Laurel
Breakwater Road South Cox Neck Road, . -' Mattituck
Broadwaters Drive North Skunk Lane (Bay Cutchogue
Avenue)
Broadwaters Road South Vanston Road Cutchogue
Brower Road East Grand Avenue Mattituck
Bungalow Lane West Marratooka Lane_ Mattituck
Captain Kidd Drive East ;Breakwater Drive Mattituck
Carrington -Road South Wunneweta Road Cutchogue
Carrington Road East. Haywater Road Cutchogue
Carrington Road West Haywater Road Cutchogue
Carrington Road North Vanston Road Cutchogue
Carroll Avenue West Peconic - Lane Peconic
Cedar Avenue West Main Bayview Road Southold
Cedar Beach Road East Paradise Point.. Road Southold
Central Drive East Inlet Drive Mattituck
Central Drive West Inlet Drive ?Mattituck
Central Drive ' East Luthers Road Mattituck
Central Drive East Zena Road Mattituck
Central Drive West Zena Road Mattituck
Champlin Place West Main atteet Greenport
Champlin Place East Manhanset Avenue Greenport
Chestnut Road West Kenny ' s Road Southold
Clark Road North Soundview Avenue Southold
Colony Road East Albertson Lane. . Greenport
Corwin Street West' . Ninth Street Greenport
Cox Lane North Oregon Cutchogue
Deep Hole Drive North New Suffolk Avenue Cutchogue
Deer Drive East , _ Westphalia Avenue Mattituck
Dicks Point Road West, West Creek Road _ . :"Cutchogue
Dicks Point Road East Holden_.Avenue Cutchogue
Dicks Point Road West Holden Avenue Cutchogue
Douglass Street North King Street Orient
East Road West Inlet. Drive Mattituck
East. Road East Luthers-:.Road Mattituck
East,'Road West Pequash Avenue Cutchogue
East-Legion Avenue West Bay -Avenue Mattituck
East-'. Side Avenue North Bailie-. Beach Road Mattituck
Eastwood Drive South South: Cross Road Cutchogue
Eighth Street North WigginsiStreet Greenport
Eighth Street South Wiggins Street Greenport
Elijah' s Lane Oregon Road North . . . Mattituck
Emory Road West Beebe. Drive Cutchogue
Eugene ' s Road East SkunkiLane (Bay . :_- _ Cutchogue
Avenue)
Fiddler Lane West Manhanset Avenue ; Greenport
Fifth Street_ North Jackson Street New Suffolk
Fifth Street South Jackson :Street New Suffolk
First Street West Pequash Avenue New Suffolk
First Street North Main Street New. Suffolk
First Street South Main. Street New Suffolk
Fleetwood Road West Pequash_ Avenue _: Cutchogue
Fletcher Street West Village Lane- Orient
Founders Path South Old Shipyard Road Southold
Fourth Street North Jackson: Street New: Suffolk
Fourth Street South Jackson Street. . New,- Suffolk
Fourth Street , North KingStreet _ New- Suffolk
Fourth Street South King-..Street New.:.Suffolk
Fourth Street North Main. Street New.-, Suffolk
Fourth Street South Main:' Street New...Suffolk
Freeman Road East Grand- Avenue Mattituck
Freeman Road West Wickham: Avenue Mattituck
Glenwood Road West Pequash Avenue .Cutchogue
Golden Lane North Soundview Avenue Southold
Grand Avenue North Wickham- Avenue Mattituck
Grand Avenue South Wickham-Avenue Mattituck
Halyoke Avenu-e West- Orchard_7Street Otient
38
Direction At Inter- (hamlet)
Stop Sign On of Travel section with Location
Harborview Avenue East Reeve Avenue Mattituck
Haywaters Drive North Skunk Lane (Bay Cutchogue
"Avenue)
Haywaters Drive South Mason Drive Cutchogue
Haywaters Road North Broadwaters 'Road ;'Cutchogue
Haywaters Road South Broadwaters Road .- Cutchogue
Haywaters Road North Vanston Road Cutchogue
Haywaters Road . South Vanston.. Road Cutchogue
Hiawatha ' s Path West South Harbor :Road Southold
Hickory Road North Soundview Avenue .. ,. . Southold
Hill- Street East Mary' s .Road Mattituck
Hill Street west . Wickham Avenue Mattituck
Holden Avenue North Midwood Road , .:Cutchogue
Holden Avenue South Midwood Road Cutchogue
Holden Avenue South West Road Cutchogue
Hommel Avenue East Boisseau Avenue Southold
Hommel Avenue West Youngs Avenue Southold
Homestead Way East Moore ' s Lane North: _ Greenport
Homestead Way -West Moore ' s - Lane North . Greenport
Horton Avenue West Shirley Road Mattituck
Hortons Lane North Soundview Avenue ...Southold
Hortons Lane South. Soundview Avenue . . . Southold
Inlet Drive South Captain Kidd Drive. Mattituck
Inlet Lane North Manhanset .Avenue Greenport
Inlet Pond Road East Westwood Lane Greenport
Jacob' s Lane West Bayview Road ., Southold
Jockey Creek Drive East Oakla%n Avenue Southold
Kenney' s Road North Soundview Avenue Southold
Kenney's Road South Soundview Avenue Southold
King Street West Fifth Street New Suffolk
King Street East First Street New Suffolk
Knapp Place East Bailey Avenue Greenport
Knapp Place HTiVest Main Street Greenport
Knollwood Lane East Grand. Avenue -.Mattituck
Korn Road East . Cottage .Place Southold
Korn Road West Cottage Place Southold
Korn Road West Hobart Road . Southold
Landon Lane East Founders Path - Southold
Landon Lane West- Founders Path — Southold
Landon Lane West Hobart Road Southold
Landon Lane East Old Shipyard Road Southold
Legion Avenue East Pacific , Street . .Mattituck
Leslie Road East Indian Neck Lane Cutchogue
L'Homimedieu Lane East Founders Path Southold
L'Hommedieu Lane West Founders Path Southold
L'Hommedieu Lane West Hobart Road Southold
L'Hommedieu Lane. . East Town Harbor Lane , Southold
Lighthouse Road South Old North Road Southold
Lighthouse Road North Soundview Avenue Southold
Lighthouse Road South Soundview Avenue Southold
Linnet Street :West Ninth Street Greenport
Locust Avenue South New Suffolk Avenue Mattituck
Lupen Drive West Skunk , Lane (Bay Cutchogue
Avenue) .
Marratooka Lane South New..Suffolk Avenue, Mattituck
Marratoo7a Lane. North New Suffolk Avenue- Mattituck
Marlene Lane South Peconic Bay Boulevard Laurd,/Mattituck
Mary' s Road South Pike Street Mattituck
Mary' s Road South Wickham Avenue Mattituck
Mechanic Street East Youngs Avenue Southold
Midland Parkway West Bayview Road . Southold
Midwood Road East Pequash Avenue Cutchogue
Mill Lane North Wickham Avenue Mattituck
Mill Road West , Reeve. Avenue Mattituck
Miriam Road East Inlet Drive Mattituck
Miriam Road South Summit Road Mattituck
Moore ' s Lane North Inlet Pond Road Greenport
Moore ' s Lane South New Suffolk Avenue Cutchogue
� 381
Direction At Inter- Location
Stop- Sign On of Travel section with.. (hamlet)..,
Mt. Beulah Avenue South Old North Road Southold
Mt. Beulah Avenue North Soundview Avenue Southold
Nakomis Road West Baywater Road Southold
Naugles Drive West Luthers Road Mattituck.
Navy Street North Orchard Street Orient-
Navy - Street West Village Lane' Orient
North Bayview Road West- North Bayview Road Southold
Extension
North Bayview Road North Cedar Drive Southold
Extension
North Cross Road East Pequash Avenue Cutchogue
North Parish Drive West Notth Bayview Road Southold
Oak Drive East Broadwaters Road . Cutchogue
Oak Drive West Broadwater-s Road Cutchogue
Oak Drive West Haywaters Drive Cutchogue
Oak Drive West Grathwohl Road New Suffolk
Oaklawn Avenue South PPine Neck Road Southold
Oaklawn Avenue North Pine .Neck Road Southold
Extension
Old Main Road East Ackerly Pond Road Southold
Old Main Road West Ackerly Pond Road Southold
Old Menhaden Road South Wunneweta Road Cutchogue
Ole Jule Lane North New Suffolk Avenue - Mattituck
Orchard Street West Fifth Street New Suffolk
Orchard Street West Village Lane Orient
Parkway North Pine Neck Road Southold
Pike Street East Love Lane Mattituck
Pike Street West Love Lane Mattituck
Pike Street East Wickham Avenue Mattituck
Pike 'Street West Wickham Avenue Ma-ttituck
Pine Street South Horton Avenue Southold
Pine Street North Youngs Avenue Southold
Pine 'Neck Road West Main Bayview Road Southold.'
Pine Tree Road South Skunk Lane . -(.Bay Cutchogue
. - . . ., _ ; Avenue)
Pinewood Road South South Cross Road Cutchogue
Rhoda Road North Captain .Ki.dd.Drive Mattituck
Richmond Road South MU-1 Creek Drive Southold...
Riley' Avenue West Bay Avenue Mattituck
Robinson Lane North Indian Neck Lane Peconic.
Ruth Road East Breakwater Road Mattituck
Seawood Drive East North Bayview Road Southold
Second Street North Jackson Street New Suffolk
Second Street South Jackson Street New Suffolk
'Second Street North King Street . New Suffolk
Second Street South King Street New Suffolk
Second Street North Main Street New Suffolk
Second Street South Main Street New Suffolk
Second Street North Orchard Street New Suffolk
Seventh Street North Linnet Street Greenport
Seventh-Street' South Linnet Street Greenport
Seventh Street North Wiggins Street Greenport
Seventh Street South Wiggins Street Greenport
Sigsbee Road North Peconic Bay Boulevard Mattituck
Sigsbee Road South Peconic Bay Boulevard, Mattituck
Skippers- Lane East Village Lane Orient
Smiths Drive North West Bayview Road Southold
Smiths Drive- South West Bayview Road Southold
=Sou-ndview Avenue West Mill Lane Peconic-
Star*.s •Road West Cedar Road East Marion%
`Sterling- Place North Champlin Place Greenport
Sterling- Place South Champlin Place Greenport
SterlinT Place North Knapp Place Greenport
Sterling Road East Pine Tree Road Cutchogue
Sterling Road West Skunk Lane (Bay Cutchogue
Avenue)
382
Direction At Inter_ - Location
Stop Sign- On of-. Travel section with • -. .(hamlet)
Stillwater Avenue West Pequash Avenue Cutchogue
Stillwater Avenue South Track Avenue Cutchogue
Summit Drive East Inlet Drive Mattituck
Sunset Drive East Marratooka:Road Mattituck
Tabor Road South Orchard Street - Orient ..
Third Street North King Street New Suffolk
Third Street South King Street New.-, Suffolk
Third Street North Main Street New Suffolk
Third Street South Main Street New Suffolk
Third Street North- Orchard ; Street New Suffolk
Traveler Street East Youngs Avenue . . Southold
Tuthill Lane East Wickham Avenue Mattituck
Tuthill Road West Grathwohl. Road New Suffolk
Washington Avenue: East Main Street Greenport
Wells Avenue West: Oaklawn Avenue Southold
. Wesland .Road North Kenny' s Road Southold_
West Road East Pequash Avenue Cutchogue
West Cove Road South . Vanston Road Cutchogue
Westphalia Avenue West Cox Neck Road Mattituck
Westphalia Avenue South Sound Avenue . . Mattituck
Wicks Road .. West. Grathwohl Road New.,.Suffolk
Wiggins Street West Ninth Street Greenport
Willow- Street West Pequash Avenue Cutchogue
Willow. S.treet West Village Lane Orient;
Wilmarth Avenue East Main Street Greenport
Wilmarth Avenue West. Middleton Road Greenpgr,t
Wood-Lane East. Manhanset Avenue Greenport
Woodcliff Drive East Grand Avenue Mattituck
Woodcliff Drive North Westview Drive Mattituck
Woodcliff Drive South Westview Drive Mattituck
Wunneweta Road South Little Peconic Bay Cutchogue
Road _
Wunneweta Road South Nassau Point Road - Cutchogue
Wunneweta Road East, Vanston Road Cutchogue
Yennecott Drive West Boisseau Avenue Southold ,
Youngs Avenue North Oak Street Mattituck
Unincorporated hamlet of Fishers Island
Stop Sign On Direction of Travel At Intersection. With
Avenue B East Crescent Avenue
Beach Avenue West Equestrian Avenue
Bell Hill. Avenue South Equestrian, Avenue
Bell, Hill Avenue _. North Fox Avenue,�; ,
;Cen-tral Avenue South Munnatawket ,Road
Equestrian Avenue East ; ,.. Whistler Avenue
Ettrick Avenue North Heathulie Avenue
Ettrick Avenue East Oriental Avenue
Fones Street North Oriental Avenue:
Fox;, Avenue East Crescent, Avenue
Greenwood Avenue North North Milita-ry: Road
Greenwood Avenue East Whistler Avenue
Heathulie Avenue West Equestrian. .Avenue
Hedge Street South Montauk Avenue
Madeline Avenue West Central- Avenue. .
Madeline .Avenue East Crescent Avenue
Mansion House Drive South Central Avenue
Montauk Avenue South Oriental Avenue_
Munnatawket Road North Crescent Avenue
Ocean View Avenue West Equestrian, Avenue
Ocean View Avenue East Heathulie Avenue
Oceanic Avenue North Oriental Avenue.
Oriental Avenue West Athol-Crescen.t .Avenue
Peninsula Road South Oriental Avenue:
Sterling Avenue South The Gloamin,a.
The 'Gloaming North Montauk Avenue ,_
The Gloaming South Montauk Avenue
The Gloaming South Oriental Avenue
West Street North Bell Hill Avenue
West Street South North q uestrian Avenue„
West Street E _ estrian Avenue
13S3
Section -3,
. :_.Article IV, Section 2, is hereby amended and revised -as follows :
"The following intersections are hereby- designated= as - stop'.
intersections and f1'as-hing signals shall be--installed as indicatedc'
Intersection Red Signal Facing � Yellow Signal Facing
Depot Lane and North on-Duck Pond Road East and west on'-County
Duck Pont Road and south on Depot Lane Highway No. 2.7
with' County Highway -
No. 27--.; -
New Suffolk North and south on West on- New Suffolk
Avenue, -Fifth Fifth Street Avenue and east on
Street and Main Main Street -
Street
Peconic Lane and North on Mill Lane East -and- west- on
Mill- Lane with and south on Peconic County Highway,No. 27
County'Highway Lane
No. 27
Westphalia North and. south on East and west on--
Avenue -and- County Westphalia Avenue County Highway• No. 27
Highway No. 27
Wickham ,Avenue North and south on East and-west- oft.,
and County Highway' Wickham Avenue County Highway No. 27 "
No. 27
Section 4. -
Article IV, Section 3 , 'is hereby amended to read as follows :
"The' `following highway intersections are hereby designated as
yield intersectmons and yield signs shall-' be erected as- follows:
Yield Sign" On DfrLctibl - At inter-' Location*: '
- of Travel '-section with (hamlet)
Anglers- Road West Manhanset Avenue Greenport
Bay' Rdad' South New Suffolk Avenue Cutchogue
Bayberry Road 'East Wunneweta Road Cutchogue
Bayer Road East Grand Avenue Mattituck
Bayer Road West Grand Avenue Mattituck
Bayer -Road East Mary' s Road � Mattituck
BayWater-"Avenue' East Bayview Road Sbuthold2
Beach�'Road East Manhanset Avenue G`reenport
Beckwith Avenue North Traveler' Street Southold
Beebe- 'Drive East Deerfoot Path Cutchogue
Betts ` Street North - Fleetwood Road - Cutchogue
Birch:-Road- North- Soundview Avenue Southold-
Bennett' Lahe North Pine Neck Road Southold
Blossom Bend South New Suffolk Avenue Mattituck
Bridge -Lane South Nassau Point Road Cutchogue
Bungalow' Lane South Park Avenue Mattituck
Center Street East' 'Bungalow Lane Mattituck
Center Street West Marratooka Road Mattituck
Clearwater Lane West Main Bayview Road Southold
Custer-Avenue East ' Bennett' s Lane Southo'ld�
Custer Avenue West Bennett' s Lane Southold
Custer Avenue West Gardiner' s' Lane Southold
Custer Avenue North Oaklawn A-venue Southold
Extension , -
Dayton Road South North Bayview Road Southold
Deer Foot' Path North -Moose Trail-- " Cutchogue
Depot Lane' North., .:. Oregon Road— Cutchogue
Dicks Point Road East ,Pinewood Road Cutchogue-
Dogwood Lane West' - Kenny' s Road Southold,
Dogwood Lane South Soundview''Avenue ,'Southo"ld .
Douglass' Street East- Narrow River Road Orient"'
Duck Pbad"Road South Oregon Road Cutchogue
Factory avenue North Sound Avenue' Mattituck
First Street East Stillwater' Avenue New> Suf.fo.lk
Fourth Street
North Orchard Street New! Suffolk
Direction At inter- Location
Yield..Sign On of - Travel section with : (hamlet)
Gardiner ' s .Lane North Pine Neck Road Southold,
George-, Road West Grathwohl Road New-...Suffolk
Grathwohl .Road South New Suffolk. Aven_ue New;.Suffolk
Hamilton:Avenue North , Fleetwood Road Cutchogue.,.
Hamilton Avenue South- Glenwood Road Cutchogue, .,
Harper Road East Calves Neck Road, Southold. ., ,
Harper Road West Calves Neck Road Southo•ld.. -.
Haywaters Road West Little Peconic Bay Cutchogue
_ Road
Hiawatha ',s. Path East Nakomis Road. .. Southold,._
Hiawatha ' s. path West Nakomis Road Southold. . .
Holden Avenue North North Cross Road Cutchogue. .
Extension
Jackson -Street North , New Suffolk Avenue New Suffolk
Jacob's . Lane. South Main Bayvi-ew, Road Southold
Jacob' s Lane North North Bayview Road . Southold_
King Street East Narrow River Road Orient
Kouros Rbad West Grathwohl Road New Suffolk
Lake Drive ,,. East Kenny's Road Southold .
Landing- Lane hest Beach Road.- - Greenport.
Landing Lane East Manhanset Avenue Greenport
Laurel Lane gouth Peconic Bay Boulevard Laurel
Leslie: Road West Skunk , Lane, (Bay Cu,tchq ue, ..
. Avenue)
Lipco Road South Sound Avenue Mattituck
Little Neck Road North Eugene' s Road Cutchogue
Locust Lane South L'Hommedieu Lane Southold . .
Lower .Road East Akerly Pond Lane Southold
Madison Avenue South Wilmarth Avenue Greenport
Manor- Road . West Gillette Drive. East. Marion
Maple Avenue North Pike Street Mattituck,.
Mayflower, Road South Brower Road Mattituck
Meadow. Lane South New Suffolk Avenue Mattituck
Midwood .Road - North Eastwood Drive Cutchogue:
Midwood Road South Eastwood Drive Cutchogue. ~
Mill Lane North Oregon Road. . Mattituck.
Mill Road East Grand Avenue Mattituck .
Mill Road, East Mill Lane MMattituck
Minnhhaha- Boulevard North Minnehaha Boulevard_ Southold. -,
Moose Trail West Beebe Drive Cutchogue
Naugles Drive South Mill Road. Mattituck
North Road West Horton Lane Sou.thold..
North Bayview Road North Pine Neck Road .. Southold
North .Cross Road North West Creek Avenue Cutchogue;
North -Sea Drive West Kenny ' s Road Southold
North Sea. Drive E3stt Three Waters Lane Orient,
OldPasture Road East West Creek Avenue Cutcho:g.ue.
Old Shipyard Lane North L'Hommedieu Lane Southold
Orchard .Street East Narrow River. Road Orient
Oyster Pond Lane North Skipper Lane'- Orient-, ,
Oyster Pond Lane. - South Skipper Lane- Orient ._
Pacific .Street North Sound Avenue Mattituck
Park- Avenue East Marratooka Lane Mattituck -
Park, Avenue West . Marratooka Lane Mattituck -
Pike . Stre.et West Westphalia Avenue Mattituck ..
Pine Tree Road West Skunk Lane (Bay Cutchogue
Avenue)
Pinewood Road North Midwodd Road Cutchogue,.
Platt. Road South Halyoke Street Orient. ..
Reeve :Avenue Southeast New Suffolk Avenue Maittituck
Reeve Avenue Southwest New Suffolk Avenue Mattituck
Saltaire Way North Soundview Road Mattituck
School House Road East Depot Lane Cutchogue
Seventh Street South Corwin Street Gr,eenport , ;
Short Road South New Suffolk Avenue Cutchogue
Soundview Avenue South Soundview Avenue Southold
Extension
3S5
Direction At inter- Location
Yield Sign On of'•Travel section with (hamlet),
Sound Drive- East Sound Road Greenpor.t
S:outh 'Street West Oaklawn Avenue Southold
Extension
Southern Boulevard West Rocky Point Road Cutchogue
South• Cross Road West Holden Avenue Cutchogue
South Cross Road East Pequash Avenue Cutchogue
Sunnyside Road East Horton 's Lane Southold
Sutton Place West McCann Place Greenport
Sutton Place East Sound Road Greenport
Terry Lane North Smith Drive North Southold
Terry" Lane South Smith Drive South Southold
Terry Lane East Town Harbor Lane Southold
Third Street North Jackson Street New Suffolk
Third Street" South Jackson Street New Suffolk
Track Avenue East Stillwater Avenue Cutchogue
Track Avenue North Stillwater Avenue Cutchogue
Traveler -Street West Horton Lane' Southold
Tuthill Lane West Wickham Avenue Mattituck
Vanston Road South Little Pecohic Bay Cutchogue
Road
Vista Place South Duck Pond Road Cutchogue
Washington Avenue West Middleton"Road Greenport
Wavecrest Lane West Reeve Avenue Mattituck
Wells' Road North Albo Drive (north end) Hatire-1
Wells ' Road North - Albo Drive` (-center) Laurel = =
Wells Road '- South A1bo Drive (center) Laurel
Wells Road West Bra y.A Avenue Laurel
Westvew Drive North Brower Road " Mattituck
Westview' Drive East Grand Avenue Mattituck
Westwood Lane North Sound Drive Greenport
Willow Street ' East Stillwater Avenue CCutchogue
Wilson Road West Beebe Drive Cutchogue
Wood Lane West Beach Road Greenport
Youngs Avenue North Old North Road Southold
Youngs Avenue East Westphalia- Auedue Mattituck
Unincorporated hamlet of Fishers Island
Yield Sign On Direction of Travel At Intersection withf, '
Alpine-'Avenue North Oriental Avenue
Central Avenue -East Crescent Avenue
Central Avenue West Crescent Avenue "
Crescent Avenue .'- West Athol-Crescent Avenue
Crescent Avenue South Munnatawket Road
Equestrian Avenue South Athol-Crescent Avenue
Fox Avenue ... .East Equestrian Avenue
Fox' Avenue- East Mansion House Dr"iwe'
Montauk 'Avenue North Crescent Avenue
Oceanic Avenue South Ettrick Street
South Military Road West 7 Whistler Avenue
Winthrop Drive - South Greenwood Avenue
Winthrop Drive' South Ferry Road" ,
Section 5'.
Article V, Section 2, is hereby amended and revised and new.
Sections 3-and 4 are,added as follows :'
"Section 2. Parking prohibited at all times.
The parking of"-.vehicles ie hereby prohibited at all .tim�es:'in
any of the following-,locations :
Name of- Street = Side DLocation
Eighth Street East- , Between Main Street (New
- - York Route 25) and Corwin
. Street
Main Street (Village-,- Lane) east Between New York Route 25
and Orchard Street
386
Name of Street Side Location
Main Street . (Village 'Lane) west From a point , 50 feet .north of
the north curb line of Orchard
Street southerly for a distance
of 675 feet.
Marratooka Lane west Between Peconic Bay. and Park
Avenue
Mechanic Street east Between Main Street .(New York
- Rouge 25) and Mechanic Street
East
North Bay View Road both In Southold for a- distance
of 450 feet easte-rly..-,-and
westerly from the- center
line of Goose Creek Bridge.
Seventh Street east Between Main Street (New York
Route 25) and Corwin Street"
"Section 3 . Parking prohibited during certain hours.
The parking of vehicles is, hereby prohibited between the hours
indicated in any of the following locations :
Between the
Name -of Street Side. hours of Location
Bay. Avenue Both 10 :00 p.m. and In Cutchogue, from
,7 :00 a.m. Peconic Bay westerly. ,
for a distance of- 150 feet
Bay Avenue Both 10 :00. p.m. and . _ In Mattituck,,_ between
7 :00 a.m. Peconic Bay and Peconic
Bay Boulevard
Haywaters Road Both , 10 :00 p.m. and In Cutchogue, from
7 :00 a.m. Peconic Bay ea.ster. ly �
for a distance of 230. feet
Lighthouse Road Both , 10 :00 p.m. and I•n Southold, from the
7 :00 a.m. guardrail at the north-
erly terminus southerly
for a distance of 20.0 feet
Manhanset Avenue Both 10 :00 p.m. and In Greenport,, from Peconic
7 : 00 a.m. Bay to Inlet Lane and the
public, .parking lot adjacent
thereto
Nassau Point Road Both 10 :00 p.m. and In Cutchogue, from
7 .00 a.m. Peconic Bay easterly for
a distance of 170-- feet
Oaklawn Avenue Both 9 :00 a.m. and For a distance of 300 -
4 :00 p.m. , ex- feet southerly of the, .
cept on Satur- south curbline of. Main
days, Sundays Street (New York.' - ' .- .
and holidays Route 25)
Pine Neck Road Both- 10 :00 p.m. and In Southold, from Peconic
7 :00 a.m. Bay to North Bay View Road
Rocky Point .Road Both 10:00 p.m. and In East Marion, from: the
7 :00 a.m. guardrail at the northerly
terminus to Aquaview Road
Sound Avenue Both 10 :00 p.m. and In Greenport, from the
7 :00 a.m. guardrail at the northerly
terminus to Sound Drive
Sound Drive Both. 10 :00 p.m. and In Greenport, from the
7 :00 a.m. northerly terminus. southerly
for a distance of 150 feet
Town . Harbor Lane Both 10 :00 p.m. and In Southold, from Peconic
7 :00 a.m. Bay to Terry Lane
Wistler Avenue North 7 :30 p.m. and In Fishers Island, from the
11 :30 a.m. easterly terminus westerly
for a distance of 500 feet
Youngs Road Both 10 :00 p.m. and In Orient, from the guard-
7 : 00 a.m. rail at the northerly,
terminus southerly for a
distance of 265 feet
3S7
"Section 4. Parking for limited time only.
"The parking of vehicles is hereby prohibited for a longer
period of time than that designated, between the hours indicated,
in any of the following locations :
Name of Street Side Between the Time
hours of Limit Location
Oaklawn Avenue ` Both 8:00 A.M. and 1 hour Between a point 300
4 :00 P.M. , feet southerly of
except on Satur- the south curbline
days, Sundays of Main Street (New
and Holidays York Route 25) and
a point 700 feet
southerly of the
south curbline of Main
Street (New York
Route 25)
Love Lane Both 8 :00 A.M. and 2 hours Between New York Route
6 :00 P.M. 25 and Pike' 'Street
Section 6. When effective,
T This ordinance shall become effective immediately as
provided by law.
NOW" THEREFORE, BE IT RESOLVED that a public hearing be held by this
board with respect to such amendment at 'the Supervisor ' s Office, 16
South Street, Greenport, New York at 7 :30 o ' clock P.M. on th'e- 17th
day of July 1973 , and it is further
RESOLVED that the Town Clerk be and he hereby is authorized acid
directed to give notice of such hearing as required by law.
Vote of - the Town Board: Ayes : Supervisor Martocchia, Justice
Suter, Justice ,Demarest, Justice Doyen:
On motion of Justice Demarest, seconded by Justice Suter, -
WHEREAS the Town 'Board desires - to amend the zoning ordinance of the
town as follows, to wit:
The Zoning Ordinance of the=Town of Southold adopted '4-9-57 and
amended in its entirety 4-8-58 and 11-23-71 - is--hereby amended as
follows.-
Section 1. An Article I, Section 101, the definition of "YARD,
FRONT" is hereby amended to read as follows :
"YARD, FRONT -- An unoccupied ground area fully open to the
sky between the street line, or between the street line
established by the Official Map of the town or an approve
subdivision plat, and a line drawn parallel thereto. "
Section 2 . In Article II, Section 200, ' the designated title
of the C-1 District is hereby amended to read as follows : "General
Industrial Districts. "
Section 3. In Article III, Section 300 :
A. Subsection 7(a) under B, Uses Permitted by Special
Hxception by the Board of Appeals, is hereby amended
to read as-follows :
"No building, tent, activity area or recreation facility
"-shall be' less than twoo hundred- (200) - feet from any lot.
line, and any such building, -tent-, activity area. or- - ,
recreation- facility shall be effectively screened ' therefrom
as required by the Planning Board. Buildings intended
for use as sleeping quarters shall be not less than thirty
(30) feet from each other, except tents, which shall- be
not- less than ten (10) feet apart. "
'B. ' Subsection' 9 (a) under B, Uses Permitted by SpeciaT' Exception
by the Board of Appeals, is hereby amended to read -as follows :
" (a) There shall be docking or mooring facilities for not
more than two (2) boats other' than those owned and
used by the owner 'of the premises for his personal use. "
C. Subsection 1 under C, Accessory Uses, Limited to the
Following, is hereby amended to read as follows:
"l. Home occupations , provided that:-,;.. . "
D. Subsections l (e) and (f) under C, Accessory Uses, Limited to
the Following, are hereby repealed.
388
Section 4. In. Article VII., Section 700, .. Subsection Al. is
hereby. amended so as ,to refer to " . ...Section 300A, Secti.on _400A, Section
500A, . S.ection 600A. and section , 60.2.
Section 5 . In Article IX, Section 90.0, .Subsection .2l .is.: hereby
amended to read as follows : "Oil, rubber or leather. manufacture. "
Section. 6. In Article XIII, Section 1301, -Subsectiori C(2') (i) is
hereby amended to read as follows :
" (i) Whether a hazard to life, limb or property because of
fire, flodd, erosion or panic may be created by reason
of or as a result of the use, or by the structures to
.. .be used therefor, _ or by the inaccessibility of the
property or structures thereon for the convenient entry
and operation of fire and other emergency apparatus, or
by the undue concentration or assemblage of persons
upon such plot. "
, Section 7 . In Article XV, Section 1501, Subsection 10, the
section reference under the entry for "SIGNS" is hereby amended to
read. as follows : ". . .Section 30006 (a) . . . "
Section 8. In Article XV, Section 1503 is hereby amended to
read as follows :
. "For every offense against any of.:.the provisions of this
ordinance or any regulations made pursuant thereto, . or failure to
comply with a written notice or order of the Building Inspector .
within the time - fixed for compliance therewith, the own'er, . occupant,
builder, architect, contractor or their agents or any other person
who commits , takes part or assists in the commission of any such
offense or who shall fail to comply with. .a written order or notice
of the Building Inspector shall, -upon- conviction thereof, .be. guilty
of a violation punishable by a fine. not- exceeding fifty. dollars ...($50. ) or
imprisonment for a period not to exceed- six .:(6) months, or both. . Each
week ' s continued offense shall constitute a separate, additional
violation. "
Section 9. In Article XV, Section .1504, : Subsection 2 is -hereby
amended to read as follows:
. "No certificate of occupancy shall be issued for the use of a
building or lands requiring a Special Exception or special permit by the
Board of Appeals or for any land or use rqquiring a site plan approval
by the Planning Board unless and until such special. exception orspecial
permit use or site plan approval has been duly granted. Every certificate
of occupancy for -which a special exceptin, special permit or site
plan approval has been granted or in connection with which a variance
has been. granted by the Board of -Appeals, shall.- contain a.;detailed
statement of.. any condition to. which the same is subject. "
Section 10. This ordinance shall take effect as providdd by
law. .
WHEREAS this board desires to hold a public hearing with..respect.
to said amendment,
NOW, THEREFORE, BE IT RESOLVED that a public hearing be held by
this board with respect to such amendment at the Supervisor ' s Office,
16 South Street, Greenport, New York at 7 :30 o ' clock..P.M. on the 17th
day of July.-1973, and it is further
RESOLVED that the Town Clerk be and he hereby is authorized and
directed to give notice . of such hearing as required by law.
Vote of the Town Board: Ayes : Supervisor Martocchia, Justice
Suter, . Justice Demarest, Justice Doyen.
On. motion of Justice Demarest, seconded by Justice Suter,
WHEREAS the following -local law -being .proposed Local- Law No. 2-1973
was heretofore introduced at this--meeting -of this board, said local
law being as follows,. to wit:
LOCAL LAW NO. -2 - 1973 -
A LOCAL LAW TO PROVIDE FOR THE CONTROL..OF LITTER IN THE TOWN
OF SOUTHOLD
Be it enacted by - the Town Board of the Town of Southold:
389
§57-1. Definitions .
For the purposes of this local law, the following words,
phrases and terms and their derivations shall have .the meaning
given herein. When not. inconsistent with the context.,. words used
in the present tense include the future, words used in. the plural n
number include the singular; words. used .in, the singular number
include the-.-plural; and. wor.ds in- the masculine include the feminine
and the neuter. The word "shall" is always mandatory and not merely
directory..
AUTHORIZED PRIVATE. RECEPTACLE -- A litter storage and collection
receptacle of steel, aluminum or plastic,-- of ten (10) to thirty
.:(30-) gallons capacity, with :tight cover,, or larger steel container
with closed lid.
GARBAGE --- Putrescible animal' and, vegetable wastes resulting
from the handling,. preparation, cooking and consumption of food.
HANDBILL -- Any printed or written matter, any sample or device,
dodger, circular, leaflet, paper, booklet or any other printed
or otherwise reproduced original or copies.. of any matter of
literature.
LITTER:. -- Garbage, refuse and rubbish, a.s defined herein, and
all other wastermaterial which,. if. thrown or. deppsited as herein
prohibited, tends to create a danger topublic health, safety
and welfare or tends :.br create blight. -
NEWS-PAPER -- A printed publication issued at regular intervals ,
including any periodical or current magazine regularly published
with not less than four (4) issues per year and sold to the public,
commonly containing news, comment, features and advertisements,
including any "newspaper duly-entered with .the Post Office
Department of the United States in accordanee with federal statute
-�. or regulation.
PARK, -.- A park, reservation, playground, - beach, .recreation center
or any other public area in the,. town, owned or operated by the
...town and devoted to active or passive- recreation.
PERSON-- Any person, firm, partnership,, asspciation, corporation,
company or organization ofany kind.
PRIVATE - PREMISES -- Any house, building or -other structure not
owned or- operated- by the - town, whether inhabited - or temporarily
or conti:nuous-ly- unihhabited or vacant, - including any yard,
ground-, parking lot, walk; driveway, porch steps, vestibule or
mailbox belonging or appurtenant to such house, - building or other
structure.
PUBLIC PLACE -- Any'- and all streets-, sidewalks, boulevards, alleys
or other- public ways , and any and all public- parks, beaches,
squares, spaces grounds.. and- buildings. -
REPUSE-' -- As 'defined in the` Town� of :Southold ordinance regulating
the disposal of . garbage and ' rubbish:
RUBBISH' -- Nonputrescible- solid wastes consisting of both
combustible and noncombustible wastes, such as, -but not. limited
to, paper -wrappings, cardboard, tin cans, wood, glass, bedding,
crockery.
TOWN ;'- 'The* Town of Southold.
VEHICLE -- Every device in, upon or by which any person or
property is -or may be transported or drawn upon a highway or
public street.
-390
@57-2. Litter in public places.
A. No person shall- throw or, deposit- litter -in or upon any
street, sidewalk or. other. public place within the town -
.except in public receptacles :or in- authorized private-
receptacles :f-or collection,, or as provided -in the- ordinance
regulating :the disposal of garbage and rubbish. . . -
B. Persons placing litter in public receptacles or- in-a-uthorized
private receptacles shal-L. do' so •in such a mann6.t- ass to prevent
it, from being carried or deposited by the elements; upon any
street,' sidewalk or other.. public place or upon private
property.
C.. No person. shall sweep into or deposit in any gutter; street
. .or .other public place within the town the accumulation of
litter from any building or lot or from any public or
private sidewalk or driveway.
D: Persons owning .or occupying property shall keep; -the side-
walk in front of their premises free of litter:? �
§57-3. Litter from vehicles.
A. : No person shall -th-row or, deposit litter from-any,- 'vehicle
. : upon any street or other public -place within the town or
upon private property.
B. No person shall drive or: move any vehicle or truck- within
B. the town, the wheels or tires of which carry onto or deposit
in, any street, alley or other public place sticky substances
or foreign matter' of such kind as adheres to the- road surface.
§5-7-4. Litter in parks, beaches' and bodies. .of water. -
, ..- A. . No. ,person shall throw or deposit litter in any park - or beach
within the. town .except in public receptacles and: in such a
manner that the litter will be prevented from. be-ing carried
or deposited by the elements upon any part of the park or
beach or upon any street or other public or private place.
Where public, receptacles. are not. ,.provided, all such-,. litter
shall be carried away from' the pa rk .or beach ,by -,the_person
responsible ,for its presence and properly disposed -of
elsewhere, as provided herein.
B. No person shall throw or deposit litter in any pond, river,
stream or other body of water within the town.
@57. 5. Litter on private property.
A. . No, person .shall throw or, deposit litter on any private
property within. the town, whether owned by such person or
not and whether occupied or vacant,, except that ,.the . owner
or person in control ,of private property may maintain
, .authorized private receptacles for collection in such a
manner that litterr will be prevented from being .carried
or deposited by the elements upon any street, sidewalk
or ,.other public place or upon private property.
B, The owner or person in control of private .proper.ty,,or any
portion thereof shall at all times .maintain the, premises
or that portion controlled by him free of litter, except
when stored properly in authorized private receptacles
for collection, when such_ person shall have .actua.l„notice
thereof or when said litter shall have been present a
sufficient length of time to constitute. constructive notice.
§57-6. Handbills.
A. In public, places. No person shall throw or deposit any
handbill in or upon any sidewalk, street or other ,public
place within the town. No person shall hand out or
distribute any handbill in any public place except to
persons willing to accept it.
B. On vehicles., No person. shall .throw or deposit any- handbill
in -or upon any .vehicle; except it shall not be unlawful in
any public place for a person to hand out or distribute a
handbill to any occupant of a vehicle who is willing to
accept it.
. 391
C. On private property. No person shall throw or. depos.it .any
handbill in 'or upon any private premises `which' are :
(1) Temporarily or continuously uninhabited or-vacant.
(2) Posted with a sign' -placed in -` coinspicuou's"-position
near the entrance thereof, bearing the words "No
Peddlers or Agents, " "No Advertisement-s" or words
of similar import indicating the desire of the
occupants not to have such handbills left upon such
premises, or. where an occupant expressly directs the
-person not to .throw, deposit or distribute the handbill
on the premises.
(3) Inhabited, but not posted or -subject to an ,.express
warning by an eocupant, except by handing or trans-
mitting- any such handbill directly to an occupant,
unless he places or deposits any such handbill so as
to secure or prevent it from .being blow or' drifted
about the premises or sidewalks, streets or other public
ways .
D. The provisions. of this -section shal.1 not apply .:,to. .the
distribution of mail by the United States _ Postal, Service
nor to newspapers (as defined --here-,in) , .excep.t -that newspapers
shall .be placed on private,.:property-,in such .a,. manner as to
prevent their being carried -or dep.osited by -the.- elements
upon any street, ° sidewalk or other public place :.or: upon
private property.
@57-7 . Penalties for offenses•.
Any person -committing an -offense: against any of the: provisions
of this local law shall be punished, upon conviction, by a f.ine .not
exceeding two hundred fifty dollars ($-250. ) or by imprisonment not
exceeding fifteen (15). days; or, by bo.th--such fine :-a'nd-:impri.sonment.
The continuation of an .offense - against. the provisions. of.. this . local
law. shall constitute, ..for each day- the offense is . continued, 'a
separate and distinct offense hereunder.
§57-8. When effective.
This local .law shall become effective.-immediately as- provided
by law.
§57-9. Severability::
If any clause, sentence, paragraph, section or :par.t. of .this
local law shall be adjudged by .any court of ,-competent...jurisdiction
to be invalid, .such judgment 'shal:l 'not -effe.ct, impair or invalidate
any other clause-, sentence,- paragraphs:,.. section or part of this local
law.
WHEREAS this board desires: -to .hold. a public hearing with respect
to said local law,
NOW, THEREFORE, BE IT RESOLVED that .a public .hearing be held by
this board with respect to. the adoption of 'the -aforesaid- local law
at the Supervisor ' s Office, 16 Sou.th: Street, , Greenport, -New York
at 7:30 o)'-clock p.m. -on the 17:th.. day of July 1973 , , and it is. further
RESOLVED that -:the Town -Clerk --be .and =he -hereby .is :authorized and
directed to cause public notice :.of !_said :hearing to. -be _given as
provided by law.
Vote. of the. -Town Board: _-Ayes:-�-:.=Supervisor.:Martocchia,-. Justice
Suter',- Justice Demarest, Justice Doyen. - . _ _
On motion of Justice. .Demarest,".se:conded by. Justice,.Suter,
WHEREAS, the!..following :local law being,--proposed --Local -Law No. 3-1973
was heretofore introduced at- this meeting by --a -member of. this board,
said .,local _law being, as follows, to wit: . .
LOCAL LAW_,NO:- 3 -__ -197.3
A LOCAL . LAW TO PROVIDE .FOR,-_THE LICENSING :AND :REGULATION
OF PEDDLERS AND SOLICITORS WITHIN THE._TOWN,:OF SOUTHOLD
: Be it enacted by the Town Board of the. Town of Southold:
ARTICLE .-I
g69-100. Legislative intent.
This local law -is enacted for .the purpose of regulating itinerant
merchandisirig ' in order that the peace;-:health, safety,. welfare and
good order of the' town:.0f the .inhabitants thereof, shall not be
endangered or unduly disturbed.
92
§69-1.01. Definitions.
For, the purpose of this local law, the terms used herein are
defined as follows-:
'ESTABLISHED . PLACE OF BUSINESS.-- Any .building, store or
.depository 'in .which or where the person , tra,nsacts business
and deals in the -goods, wares and merchandise he hawks,
peddles or solicits.
HAWKER a d,-PEDDLER. ' Except as-:herein :expre.ssly provided,
any .person, principal or, a.gent who; in any public street or
highway or public place, or by going from house to house or
place of business to place of business, on -foot or on or
from any vehicle standing in a street or .highway, sells or
. , .barters,,, offers for sale or barter or carries or exposes for -
sale of -barter any goods, wares. or merchandise, except as
hereinafter exempted.
MERCHANDISING -- Refe-rs to :the selling,; ..bartering or trading,
or offering .to sell., barter or. .trade, of apy goods, wares,
commodities or services.
. PERSON -- -Any individual, firm., ..partnership, corporation, unin-
corporated association, and all other entities of: any kind, or
-any: principal or .-agent thereof.. :.
SOLICITOR. -- Any person whoagoes from pla.ce to .place or house
to •house, or stands in any street or public place, taking or
offering to . take orders for goods, wares or merchandise, except
as hereinafter exempted, or for services :to be -performed in
the future, or for making, manufacturing. or repairing any
. article or thing whatsoever for future delivery:•-
§69-102 . License required.
It shall be unlawful' for any person, within the limits of. the
Town. .of Southold,. to act as a hawker, peddler: or solicitor:, as
herein defined, except in conformity with the provisions of. .thi.s
local law, and without first having obtained and paid for and- having
in force and effect a license,. as provided herein.
§69-103 . Application requirements.
Every- applicant for a. license under this local law shall file
with the Town Clerk a sworn written application, in duplicate:, on a
form to be furnished by said Clerk, which shall give -or be accompanied by
the following:
A. Name and - description of -the applicant.
B. Permanent home address .and full local address, o.-f- the applicant.
C.. A brief statement of the nature of the business -.and a . .
description of the merchandise or service to be sold. :. .
D. If employed, . the name and address Of the employer. ,togehher
with credentials establishing the exact relationship-.;-
E. The length of.. time for which the.-.license is:.-desired-.
F. If a vehicle: is to be used, a description of such vehicle
and its license. number.
G. The place where the goods. or property to be sold, or :offered
'for sale are .manufactured or produced, where such- goods-,or
property are located- at the time such application i•s filed
and the proposed method of delivery.
H. A photograph of the applicant taken within sixty (60)-,:da:ys
immediately prior to the date of the application, which
photograph shall clearly show the head and shoulders 'of the
applicant and shall -measure two by two (2 x 2) inches. . ,
I. Two (2) business references located in the County of.,. ,-_
Suffolk, State of New York,, or, in lieu thereof, =such :other
available evidence of the -character and -business responsibility
of the applicant as will enable an investigator to properly
evaluate such character and responsibility.
J.' A ''s.tatement as . .to .whe.ther the applicant has been convicted,
of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the .offense and the :punishment or
-penalty assessed therefor.
K. The fingerprints of the applicant.
§69-104. 'Investigation and issuance' 'of' -license.
Upon receipt of such- application, the. original shall be -referred
to the Chief of Police of the Town of Southold, who shall cause such
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investigation of the applicant's business and,.moral character to be
made as he deems necessary for the protection of the- public good.
A. If as a result of 'such investigation the applicant ' s
character or business responsibility-.is found to be
unsatisfactory, .the Chief of Police shall endorse on
such application• his disapproval and his reasons for
same and return toe said application to.-the Town Clerk,
who .shall..notify the applicant that his application is
disapproved and that no license will be issued.: A hearing
upon such disapproval shall be held, upon appeal, as provided
in § 69-110B:
B. If -as a result.-of -such investigation the character and
business responsibility of the applicant are found to be
satisfactory, the Chief .of Police shall endorse, on the
application his approval and return such application to
the Town Clerk, who shall, upon payment of the prescribed
feee issue a license to- the applicant. , Such .license shall
contain the signature and 'seal of the issuing officer and
shall show the name and address of said licensee, the kind
of goods to be sold thereunder, the amount- of- fee paid, the
date of issuance and the length of time the same shall be
operative.
069-105. License fees:
The fee for each license issued pursuant to this local law shall
be twenty-five dollars ($25. ) per year or ten dollars ($10. ) per day
or fraction. thereof.
§69-106. License conditions -
,A. A license shall not be. assignable. Any: holder. of such
license wo permits it to. .be used by any other person,
and any person who uses such license granted to any other
person, shall be,•guilty__of an offense •a.gainst :this local
law.
B. Each such license issued shall automatically expire on
. December 31. following the date of issuance thereof, but
such. license may provide for an earl.ier .expiration date.
C. No applicant to whom .a license .has, been refused or who
has had a license which has been revoked shall make
further application until a period of at least twelve (12)
months-- .shall. have .elapsed .since the last -previous rejection
or, revocation, unless he -can show that the reason for such
rejection or 'revocation no .longer exists.
D. Every licensee, while_ exercising his license, shall carry
the license, with him. and shall exhibit the same upon demand
to any poliee officer or citizen.
@69-107. Records.
It shall.-be the duty. of the Town -Clerk to keep- a record of all
applications and of all licenses granted under the previsions of this
local law, giving the number .-and date. of_ e.ach license,. the name and
residence of the person licenses, the amount of .the license fee paid
and also the date of revocation of .all licenses revoked.
@69-108. Employees of licensee.
Any licensee using a motor vehicle may. employ not more than two
(2) persons to assist in selling and delivering the wares, but such
persons shall also act only while accompanying a licensed peddlar,
hawker or solicitor.
§69-109. Restrictions .
A. licensed hawker, peddler or solicitor shall:
A. Not engage ,in such business at any time between the hours
of 8:00 p.m. and 9 :00 a.m.
B. Not willfully misstate the quantity or quality of any
article offered for sale..
C. Not offer for sale any unwholesome, tainted,_-deleterious
or diseased provisions or merchandise..
D. Keep the vehicles and- receptacles us-ed ,by him. ,in a clean
and ..sanitary, condition .and the foodstuffs and edibles offered
for sale -well covered and protected .from dir.t, .. dust and
insects .
-..E. Not -call attention .to: his goods .by .blowing a horn, by
ringing a bell .other than a•.house doorbell, -:•by shouting
or. crying out or.,by any "loud. or unusual_noise. -..
F. Not .stand,-or permit ,the,-,vehicle .used by ..him•. to :stand in
one :(1) place i"n. any. public .place or street for more than
ten-.. (10) minutes, .-,or in f ront of any premises for any time
:. if :the owner or. any lessee ..of- the premises objects.
G. Not create or maintain -any booth or stand; . or place any
barrels, boxes, crates .or other.lobs.tructions, upon any
street or- public place for the purpose of selling or
exposing for sale any goods, wares or merchandise.
H. Not ..sell confectionery or ice :,cream "within fiwe.1hundred
(500) . feeto-of any school between - the .-hours. -of 8 :00 a.m.
and' 4 :00 p.m. on schooldays .
I. Not .sell or :peddle .prepared "foods- of any .kind, .-including
ice cream,. confectionery, -beverages , prepackaged snack
foods., hod dogs, hamburgers and other sandwiches, on any
town beach upon .which :is •located a concession stand operated
under ,an agreement with- the :town, or, on :.any -.parking area
-adjacent, thereto.
@69-110: -_-Revocations;' hearings. - .
A. Causes. Licenses issued under the provisions,- of this
local law may be revoked by the Town Board-. of .the .Town
of Southold after notice and hearing for .:any..-.of the follow-
ing causes :
(1) Fraud, misrepresentation or false statement contained
in the application for a license.
(2) Fraud, misrepresentation or false ' statement made in
the course of carrying on his 'busine`ss as' a hawker,
peddler or solicitor.
(3) Any violation of this local law.
(4) Conviction of. any crime or misdemeanor involving
moral tuppitude.
(5) Conducting the business of peddling, hawking, or
soliciting in an unlawful manner or in 'such a manner
as to constitute a breach. of the peace or to constitute
a menace to the health, safety or general.- welfare of
the public.
B. Notice of hearing for revocation or refusal of a license
shall be given in writing, setting forth specifically the
grounds of complaint "and the time and place 'of hearing.
Such notice-' shall be mailed to the "licensee at his last
known address at least five (5) days, prior to the date
set for hearing.
069. 111. Exemptions.
A. No part of this local law shall be enforced so astto
conflict with Article 4, Section 32, of the General' Business
Law of the State of New York, providing for exemption for
veterans . -
B. The requirements of this local' .1aw' shall not apply to the
following, provided that official uniforms, clothing or
other suitable identification is displayed:
(1) Any recognized nonprofit religious, charitable"-,
educational, civic or political organization. '
(2) Any such organizations as the Boy Scouts, Girl
Scouts or local volunteer firemen.
C. Nothing in this local law shall be held" to apply to:
(1) Sales conducted pursuant to Statute or by order of
any court.
(2) Persons selling personal property at wholesale to
dealers in such articles:
(30) Merchants having an established place" of business with-
in the Town, or their employees .
(4) The peddling of meats , I.fish, fruit" and 'similar produce
by by farmers and persons who produce "such commodities.
(5) Dealers in mil, baked goods, heating oil and daily
newspapers.
(6) Licensed real estate brokers.
39:5
§69-112 . Signs.
Appropriate signs, as the Town Board of the Town of Southold
shall deem necessary, shall be erected by the Highway Department
of the Town of Southold at such places within the Town of Southold
as the Town Board directs, advising of the existence of this local
law.
§69-113. Penalties for offenses.
Any person committing an offense against .any provision of this
local law shall, upon conviction thereof, be guilty of a violation
punishable by a fine not exceeding two hundred fifty dollars ($250. )
or by imprisonment for a term not exceeding fifteen (15) days , or by
both such fine and imprisonment. The continuation of an offense
against the provisions of this local law shall constitute, for each
day the offense is continued, a separate and distinct offense
hereunder.
§69-114. When effective.
This local law shall become effective immediately as provided
by law.
@69-115. Severability.
If any clause, sentence, paragraph, section or part of this
local law shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not effect, impair or invalidate
any other clause, sentence, paragraph, section or part of this local
law.
§69-116. Repeal of Present Ordinance.
The ordinance entitled "Hawking and Peddling in Town of Southold"
adopted by the Town Board on August 26, 1932, is hereby repealed.
WHEREAS this board desires to hold a public hearing with respect to
said local law,
NOW, THEREFORE, BE IT RESOLVED that a public hearing be held by
this board with respect to the adoption of the aforesaid local law
at the Supervisor ' s Office, 16 South Street, Greenport, New York at
7 :30 o 'clock P.M. on the 17th day of July 1973, and it is further
RESOLVED that the Town Clerk be and he hereby is authorized and
directed to cause public notice of said hearing to be given as
provided by law.
Vote of the Town Board: Ayes : Supervisor Martocchia, ,Justic,e
Suter, Justice _Demarest, Justice Doyen.
Meeting adjourned at 5 :40 P.M.
Judith T. Boken
Deputy Town Clerk