HomeMy WebLinkAboutTB-08/28/1973 431
SOUTHOLD TOWN BOARD MINUTES
Meeting of August 28, 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, August 28, 1973 , with the following present:
Supervisor Albert M. Martocchia
Councilman James H. Rich, Jr.
Justice Martin Suter
Justice Louis M. Demarest
Justice Francis T. Doyen
Town Attorney Robert W. Tasker
Superintendent of Highways Raymond C. Dean
Town Clerk Albert W. Richmond
Absent : Councilman James Homan
Moved by Justice Suter, seconded by Justice Demarest, it was
RESOLVED that the minutes of August 16, 1973 be and they hereby
are- approved.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Justice Suter, Justice Demarest, Justice Doyen.
Moved by Justice Demarest, seconded by Justice Doyen, it was
RESOLVED that the next meeting of the Southold TownBoard will be
held at 3 :00 P.M. , Tuesday, September 11, 1973 at the office of
Supervisor Martocchia,- �'16 South Street', -Greenport, New York..
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Justice Suter,. Justice Demarest;, Justice. Doyen.
Moved by Councilman Rich, seconded by Justice Suter, it was
RESOLVED that the Southold Town Board accept the report of the
Southold Town Board of Assessment Review.
Vote- of. the Town Board Ayes.: Supervisor Martocchia,. Councilman
Rich, Justice Suter, Justice Demarest, Justice Doyen.
Moved by Councilman Rich,, seconded by Justice Doyen,
WHEREAS Wendell - Tabor -has resigned as Assessor and Chairman of
the Board of Assessors, and
WHEREAS Section, 22B of the Town Daw allows the Town Board of any
Town having more-than one assessor to establish the office of
Chairman of the Town Assessors, who - in addition to his regular
duties shall perform such services in connection with assessment
and taxation of property for State, County and Town purposes as
the Board shall direct,
NOW, THEREFORE, BE IT RESOLVED that David Walker be and hereby
is designated to hold the office of Chairman of the Board of
Assessors until the first day'of January next succeeding such .
designation, all in accordance with Section 22B of the Town Daw,
and be it further
RESOLVEDthat the compensation for such appointment be fixed at
$500.00 per year payable: in_ regular semi-monthly . payments. This
appointment -to be effective September 1, 1973.
Vote of the- Town ,Board:. Ayes :. . : Supervisor..Martocchia, Councilman
Rich,' Justice Dena--rest;l-sidsti6e .Doyeh, Suter.
On motion of Justice Demarest, seconded by Councilman Rich',. it was
RESOLVED that Supervisor Albert M. Martocchia be authorized .to
notify the Security National Bank to release Escrow Account E. 58007
to the free control of the Security National Bank as follows :
'$80gg000 Hempstead ,UFSD #k 11 . . Bond 3 :50 . .due 6-19.78. . -
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, ffuatice Suter, Justice Demarest, : Justice Doyen.
432
Moved by Justice Suter, seconded by Councilman Rich,
WHEREAS Zdzislaw Mikolajczyk .applied to the Town Board for a single
trailer renewal permit dated August 10, 1973,
NOW, THEREFORE, BE IT RESOLVED that the application of Zdzislaw
Mikolajczyk to locate a single trailer on his property at the
south side of a private road (John'-s Road) off east side Main Road,
Mattituck, New York, be and hereby is granted for a six (6)
month period.
Vote of . the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich,, Justice Suter, Jutice Demarest, Justice Doyen.
Moved by Councilman Rich, seconded by Justice Demarest,
WHEREAS Isadore P. Krupski applied to the Town Board for a single
trailer renewal permit dated August 15 , 1973 ,
NOW, THEREFORE, BE IT RESOLVED that the application of Isadore
P. Krupski to locate a single trailer on his, property at the
north side of Main Road, approximately 1000 feet east of Skunk
Lane (Bay Avenue) , Peconic, New York be and hereby is granted
for a period of six (6) months.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Justice Suter, Justice Demarest, Justice Doyen.
Moved by Justice Suter, seconded by Justice Doyen,
WHEREAS W. Edgar Worthington applied to the Town Board for a single
trailer renewal permit dated August 10, 1973 ,
NOW, THEREFORE, BE IT RESOLVED that the application of W. Edgar
Worthington to locate a single trailer on his property at the
south side of Sound Avenue, Mattituck, New York, be and hereby
is granted for a period of six (6) months.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Justice Suter, Justice Demarest, Justice Doyen.
Moved by Justice Suter, seconded by Councilman Rich, it was
RESOLVED that one member of the Building Department be and hereby
is authorized to attend the New York State Building Inspector
Conference on September 20 and 21, 1973 at Fallsburg, New York,
and be it further
RESOLVED that -the actual and necessary expenses to travel, meals
and lodging incurred while .attend:hg said conference be a legal
charge against the Town of Southold.
Vote of the Town Board: Ayes: Supervisor Martocchia, ,Councilman
Rich, Justice Suter, Justice Demarest, Justice Doyen.
F
Moved by Justice Suter, =seconded by Justice Demarest, it was
RESOLVED that Jua;tice Francis T. Doyen be and hereby is authorized
to attend Advanced Training Courses for Justices the week of
September 23, 1973 at the Concord, and be it further
RESOLVED. that the actual and necessary expenses to travel, meals
and lodging incurred while attending said training course be a legal
charge against the Town of Southold.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Justice Suter, Justice Demarest, Justice Doyen.
Moved by Justice Demarest, seconded by Justice Suter,
MiEREAS the following local law being proposed Local Law No. 4 -• 1973
was heretofore introdueed at this meeting by a member of this board,
said local law being as follows, to wit:
A LOCAL LAW TO PROVIDE FOR THE COMPILATION, RENUMBERING AND
TA-BULATI'ON OF THE LOCAL.LA:WS,,,, ,ORDINANCES AND RESOLUTION OF.
THE TOWN OF SOUTHOLD
Be it enacted by the Town Board of the Town of Southold:
§1-1. Legislative. Intent.
The local laws, ordinances and resolution of the Town of
Southold referred to in 0 1-2 of this Article shall be known
collectively as the "Code of the Town of Southold, " hereafter
termed the "Code, " and the various parts and sections of such
local laws, ordinances and resolutions shall be distributed and
designated as provided and set forth in § 1-2 of this Article.
433
1-2. Distribution of local laws, ordinances and resolutions . .
Derivation Table
New Number
(Chapter, Title, Old Number
Article, Section XSource) Adoption Date
Chapter 4
Assessors
Article I L.L. No. 1-1971 2-23-71
0 4-10 Sec. 1
§ 4-11 Sec. 2
Article II L.L. No. 2-1971 2-23-71
® 4-20 Sec. 1
4-21 Sec. 3 * (*There was no Section 2 of
4-22 Sec. 4 this local law. )
Chapter 10, Unnumbered 6-30-70
EbH&csf Code of Ordinance
Article I Article I
10-10 Sec. 1
® 10-11 Sec. 2
Article II Article II
10-20 Sec. 1
10-21 Sec. 2
® 10-22 Sec. 3
10-23 -Sec. .4 Amended 7-31-73
Article III Brticle III
§ 10-30 Seca 1
10-31 Sec. 2
.10=32 Sec,. 3
Article IV Article IV
10-40 'Sec. 1
10-41 Sec 2 - -
10-42 Sec.- 3 --
Chapter 14, L.L. NO. .1-1964 2-18=64 - -
Local Laws, Adoption of
14-1 Sec. 1
14-2 2 Sec. 2
® 14-3 Seca 3
14-4 Sec 4
14-5 Sec. 5
Chapter 18, L.L. No. 2-1964 9-29-64
.Police Department
18-1 Sec a 1'
18=2 Sec. 2
® 18-3 Sec. 3
18-4 Sec. 4
§ 18-5 Sec. 5
18-6 Sec. 6
C,jiapter 28, Unnumbered 10-2-15
Bicycles Ordinance
28-1 Sec. 1
28-2 Sec._ 2
® 28-3 Sec 3 _
28-4 Sec. 4
g' 28-5 .. Sec. 5
Sec. 6
28-7 Sec. 7 Amended 7-31-73 by
28-8 SSec. 8 L.L. No. 1-1973
Chapter 30, Unnumbered 7-28-58; .approved by
Bingo Ordinance referendum
4-19-59; amended in its
entirety
4-9-63
34
New Number
(Chapter, Title, Old Number
Article, Section) (Source) Adoption Date
0 30-1 Sec. 1
30-2 Sec. 1, slecond
paragraph
0 30-3 Subsection 1
0 30-4 Subsection 2
0 30-5 Subsection 3
® 30-6 Subsection 4
® 30-7 Subsection 5
@ 30-8 S-ubsection 6
@ 30-9 Subsection 7
30-10 Subsection 8
30-11 Subsection 9
Chapter 32,
Boats, Docks and Wharves
Article I Unnumbered 5-18-59
Ordinance
32-10 Sdec 1
32-11 Sec. 2
32-12 Sec. 3
32-13 Sec. 4 Amended 7-31-73 by
L.L. No. 1-1973
Article II Unnumbered 6-28-53
Ordinance
32-20 Sec.: 1..
32-21 Sec. 2
32-22 Unnumberpd Amended 7-31-7.3_.by L.L. No.
1-1973
Article III Unnumbered 10-4-60
Ordinance,
32-30A Sec.:. 1
® 32-30B Sec. 2. ,
32-31 Sec. 3
® 32-32 Sec.. 4 . ,., Amended 8-10-71
32-33 Sec.: 5
® 32-34 Sec.. 6
® 32-35 Sec. 7 Amended 3-9-61
32-36 Sec. 8
32-37A Sec. 8 (C) Added 8-10-71., Sec. II
32-37B Sec. 9
® 32-38 Sec. 10
32-39 Sec... 11 Amended 7-31-73 by L.L. No.
1-1973
Chapter 36, Unnumbered 5-21-57
Burning, Outdoor Ordinance
36-1 Sec. 1 Added 7-31-73
® 36-2 Sec. 2 Renumbered frogs Sec. 1, 7-31-73
36-3 Sec. 3 Renumbered from Sec. 2
and amended 7-31973
36-4 Sec. 4 Renumbered from Sec. 3, 7-31-73
36-5q Sec..'
5 Renumbered from Sec..4, 7-31973
36-6 Sec. 6 Amended 7-31-73 by L.L. No.
1-1973;
renumbered from Sec. 5,
7-31-73
Chapt,er 41,
Ducks
41_I Sec. 1.
® 41-2 Sec. 2 Amended 7-31-73
41-3 Sec. 3 Added 7-31-73
41-4 Sec. 4 Renumbered from Sec.3 , 7-31-73
41-5 Sec. 5 Amended 7-31-73 by L.L. No.
1-1973 ;
renumbered from Sec.4, 7-31-73
i
-435
New Number
(Chapter, Title, Old Number
article, Section ) (Source) Adoption Date
Chapter 48, Unnumbered 3-23-48; amended in its
Garbage, Rubbish and Refuse Ordinance entirety 6-25-65
48-1 Sec. I
48-2 Sec. III Amended 7-31773
® 48-3A Sec. III
48-3B Added 7-31-73
48-4 Sec. IV
48-5 Sec. V Amended 7-31-73" by L.L. No.
1-1973
Chapter 52 , L.L. No. 1-1967 12-12-67
Housing Code
Article I Article I
52-10 101
52-11 ® 192
52-12 104
® 52-13 105
® 52-14 106-
52-15 107
52-16 109
Article II Article II
52-20 201
® 52-21 ® 202
52-22 ® 203
52-23 204
52-24 ® 205
52-24A 8 206
® 52-24B 207
52-24C 208
52-24D 209
52-25 210
52-25A ® 211
52-25B 8 212
52-26 213
52-26A 214
® 52-26B 215
52-27 216
52-28 217
Article III Article III
9 52-30 _ 301
8 52-31 ® 302
.9 52-32 303
Article IV Article IV
52-40 § 401
® 52-41 § '402
Article V Article- V
52-50 501
52-51A 502
52-51B 593
52-51C 504
52-51D ® 505
52-52 506
52-52A ® 507
52-52B ® 508
,52-52C ® 509
52-52D ® 510 =
52-52E 511
52-53 512 =
53-53A 513
53-53B 514
53-53C ® 515
52.-53D 516
52-53E 517
§S52-53F 0 518
9 52-53G 6 519 -
S 52-53HF S 520
S 52=53I` ® 521
'436
New Number
(Chapter, Title, Old Number
Article, Section) (Source) Adoption Date
52-54 522;
9 52-54A ® 523:.
52-54B 524
52-55 525
52-55A ® 526
52-56 527
52-56A 528
52-56B 8 529
52-57 ® 530
52A57A 531
52-57B 532
52-58 ® 533
52959 534
52059A 535
52-59B 536
52-59C 537
Article VI Article VI
§ 52-60 601
52-61 602
52-62 603 ,
@ 52-63 604
® 52-64 605
Article VII Article VII
® 52-70 ® 701
52-71 ® 702
® 52-72 ® 703
Article VIII Article X
52-80 1000
52-81 ® 1001
® 52-82 1002
52-83 1003
® 52-84 1004
® 52-85 1005
Article IX Article VIII
52-90A 800
® 52-90B 801
® 52-90C ® 802
® 52-90D 803
52-91 ® 804
52-92 805
52-93 806
® 52-94 ® 807.
52-95 808
52-96 809
® 52-99 810
® 52-98 ® 811
Article X Article IX
§ 52-100 0 900
52-101 99901
52-102 902
52-103 903
52-104 904
Article XI Article XI
§ 52-110 0 1100 Amended 7-31-73 by L.L.No. 1-1973
Chapter 54, Unnumbered 8-10-65
Junkyards Ordinance
8 54-1 Sec. I
54-2 Sec. II
54-3 Sec. III
54-4 Sec. IV, first through
third paragraphs
SS 54-5 Sec. IV, fourth and
fifth paragraphs
$ 54-6 Sec. V
54-7 Sec. TZ
S�,54-8 Sec. VII Amended 7-31-73 by L.L. No. 1-1973
.437
New Number
(Chapter, Title, Old Number
Article, . .Section) (Source) Adoption Date
Chapter 57, L.L. No. 2-1073 7-31-73
Littering
57-1 - 57-1
57-2 ® 57-2 :
57-3 57-3.
57-4 57-4
57-5 57-5
57-6 57-6
57-7 57-7
Chapter 65 , Unnumbered 4-7-70
Parking at Beaches Ordinance
65-1. Sec. I
65-2 Sec. II Amended 5-25-71; 5-9-72
65-3 Sec. III Amended 5-25-71; 599972
65-4 Sec. IV Renumbered from
Sec. V, 5-9-72
§ 65-6 Sec. V Renumbered. from Sec. VI,
5-9-72
65-6 Sec. VI Renumbered from Sec. VII,
5-9-72
65-7 Sec. VII ' Renumbered from Sec. VIII,
5-9-72 ' amended 7-31-73 by
L.L. No. 1-1973
Chapter 67 , Unnumbered 9-21-65
Peace and Good Order Ordinance '
Article I
67-10 Sec. 1
67-11 Sec. 2 Amended 7-31-73 by L.L.No.
1-1973
Chapter 69,
Peddling and Soliciting
Article I L. L. -No. 3-1973 7-31-73
69-100 69-100
69-101 69-101
69-102 ® 69-102
69-103 ® 69-103
69-104 ® 69-104
69-195 69-105
69-106 69-106 -
69-107 69-107
® 69-108 69-108
69-10.9. 69-109
69-110 69-110
® 69-111 69-111
® 69-112 @ 69-112
69-113 69-113
Article II Unnumbered 4-7-70
Ordinance
69-200 Sec. 1
69-201 Sec. 2
® 69-202 Sec. 3 Amended 7-31-73 by L.L. No.
1-1973
Chapter 77 ,
Shellfish
Article 'I Unnumbered 6-29-33
Ordinance
77-100 Sec. 1
77-101 _ Sec. 2
® 77-102 Sec. 3
® 77-103 Sec. 5
Article II Unnumbered 6-23-66
Ordinancd
B 77-200 Sec. I
71-201 Sec. II Amended 7-31-73
77-202 Sec. III Amended 7-31-73
g 77-203 Sec. IX Renumbered from Sec. V
7-3 -I13
�z438
New Number
(Chapter, Title, Old Number,
Article;, Section) . (Source) Adoption -Date:
77-204 Sec. IV Amended 7-31-73
77-205 Sec. V
77-206 Sec. VI Amended 7-31-7-3
® 77-297 Sec. VII Added 7-31-73
77-208 Sec. VIII Added 7-31-73
8 77-209 Sec. X Renumbered from Sec. VIII,
- 7-31-73
® 77-210 Sec. XI Renumbered from- Sec. IX,
7-31-73
® 77-211 Sec. XII ,. Renumbered from Sec. X,
7-31-73
77-212 Sec. XIII Amended 7-31-73 by L.L. No.
1-19734
3;enntilbered from Sec. XI,
7-31973
Chapter 81, Unnumbered 2=16-65
Soil Removal Ordinance
81-1 Sec. I
81-2 Sec. II
81-3 Sec. III Amended 7-31-73
® .8.1-4 Sec. IV Amended 11-9-71; 7-31-73
81-5 Sec. V
81-6 Sec. VI
§ 81-7 Sec. VII
81-8 Sec. VIII
® 81-9 Sec. IX
81-10 Sec. X
81-11._. Sec. XI Amended 11-9-71
81-12 Sec. XII
81-13 Sec. XIII Amended 7-31-73;by L.L.
No. 1-1973
Chapter 85, Unnumbered 4-20-71
Taxation Ordinance
85-1 Sec. 1
85-2 Sec. 2
85-3 Sec. 3
85-4 Sec. 4
85-6 Sec. 5
Chapter 88, Unnumbered 6-30-53
Tourist and Trailer Camps Ordinance
88-1 Sec. 1 Amended 9-24-58.; 11-9-71
88-2 Sec. 2 Amended 9-24-58
® 88-3 Sec. 3 Amended 9-24-58
88-4 Sec. 16 Amended 4-14-58; renumbered
from Sec. 20, 9-24-58;.
amended 11-9-71
88-5 Sec. 4 .
88-6 Sec. 5
88-7 Sec. 6
88-8 Sec. 7 Amended 11-9-71
® 88-9 Sec. 8 Renumbered from Sec. 10,
9-24-58; amended 11-9-71
88-10 Sec. 9 Renumbered from Sec. 11,
9-24-58; amended 11-9-71
88-11 Sec. 10 . , Renumbered from Sec. 12 ,
9-24-58; amended 11-9-71
88-12 Sec. 11 Renumbered from Sec. 14, and
amended 9-24-58
88-13 Sec, 12 Renumbered from. Sec. 15
and amended 9-24-58
88-14 Sec. 13 Renumbered from Sec. 16 ,
9-24-58; amended 11-9-71
88-15 Sec. 17*
*Original Section 17 was omitted from the renumbering effected by the
ordinance of 9-24-58 and was not repealed. It is thus still in effect,
which accounts for two sections designated with number "17 . "_
` 439
New Number
(Chapter, Title, Old Number .
Article, Section (Source). Adoption Date- .
88-16 Sec-. 15 , Renumbered from Sec,.. 19,
S 9-24-58; amended 11-9-71
® 88-17- Sec. 14 Renumbered from Sec. 18,
9-24-58
88-18 Sec. 17* (see Amended 4-14-58; renumbered
pg.438) from Sec. 21, 9-24-58
® 88-19 Sec. .18 Renumbered from Sec. 22 ,
9=24-58; amended 7-31-73 by
L. L. No. 1-1073
Chapter 92 , Unnumbered 6-21-66
Vehicles and Traffic Ordinance
Article I
92-10 Article I, Sec. 1
92-11 Article II, Sec. 1
Article II
S 92-20 Article III, Sec. 1 Amended 7-31973
"Article III Article- IV .
92-30 Sec. 1 Amended 7-31-.7.3
® 92-31 Sec. 2 Amended 7-31-73
® 92-32 Sec. 3 Amended 7-31-7.3
92-33 Sec. 4 Added 7-25-72
Article IV Article V '
92-40 Sec. 1
92-41 Sec. 2 Amended 7-15-69 and
® 92-42 Sec. 3 Added 7-31-73
92-43 Sec. 4 : . Added 7-31-73
Article V Article VI
92-50 Sec. 1 ' �
92-51 Sec. 2
® 92-52 Sec. 3
Article VI Article VII
® 92-60 Sec. 1
Chapter 97 , Unnumbered 6-29-71
Wetlands Ordinance
Article I Article I'
® 97-10 Sec. 100
® 97-11 Sec. 110
97-12 Ar Article IV, Sec. 410
® 97-13 Sec. 120
Article II Article:'II
97-20 Sec. 200
97-21 Sec. •210
97-22 Article IV, Sec. 420
® 97-23 Article IV, Sec. 400
97-24A Sec. 220
97-24B Sec. 230
97.-24C Sec. 240
97-25 Sec. _250
97-26 Sec. 260
97-27 Sec. 270
97-28 Sec.- '280-
® 97-29 Seca 290
Article III Article III /
97-30 Sec. 300'
® 97-31 Sec. 3:10
97-32 Sec. 320
® 97-33 Sec. 330• Amended 7-31-73 by
L.L. No. 1-1973
Chapter 100, Unnumbered 4-9-57 ; renumbered
Zoning Ordinance and revised in 'its
entirety 11-23-71'
Article I Article I-
100-10 Sec. 100
100-11 Article XVII
Sec. 1700
100-12 Sec. 1702
. 440
New Number
(Chapter, Title, Old Number
Article, .Section) (Source) Adoption- Date
§ 100-13 Article I, Sec. 101 Amended 7-31-73
Article II Article II
§ 100-20 Sec. 200 Amended 7-31-73
§ 100-21 Sec. 201
§ 100-22 Sec. 202 .
§- 100-23 Sec. . 293
Article III Article III
§ 100-30 Sec. 300 Amended 5-29-73; 7-31-73
§ 100-31' Sec. 301
§ 100-32 Sec. 302
§ 100-33 S Sec. 303 Amended 5-29-7.3
§ 100-34 Sec. 304
§ 100-35 Sec-. 305 Amended 5-29-73
§ 100-36 Sec. 406 Addede8-292-9373
Article IV Article IV
§ 100-40 Sec.. _400
§ 100-41 Sec. 401
Article V Article V
§ 100-50 Sec. 500
§ 100.-51 Sec. 501
§ 100-52. Sec. 502
Article VI Article VI
§ 100-60 Sec. 600
§ 100-61 Sec. 601
§ 100-62 Sec. 602 Amended 5-29-73 .
§ 100-63 Sec. 603
Article VII Article VI_I .
§ 100-70 Sec. 700 Amended 7-31-.73
§ 100-71 Sec. 701
Article VIII Article VIII
§ 100-80 Sec ., .800
§ 100-81 Sec. 801
Article IX Article IX
§ 100-90 Sec. 900 Amended 7-31973
§ 100-91 Sec. 901
§ 100-92 Sec. 902 .
§ 100-93 Sec. 903'
Article X Ar.ticle .X
§ 100-100 S Sec. 10.00
§ 100-101 Sec. .1001 _
§ 100-102 Sec. 1002_
Article XI Article XI
§ 100-110 Sec. 1100
§ 100-111 Article XII, Sec. 1201
§ 100-112 Sec. 1101
§ 100-113 Sec. 1102
100-114 Sec. 1103
§ 100-115 Article XII, Sec. 1200
100-116 Article XII, Sec. 1202
100-117 Article XII, Sec. 1203
§ 100-118 Article XII, Sec. 1204
Article XII Article XIII
§1100-120 Sec. 1300
§ 100-121 Sec. 1301 Amended 7-31-73
§ 100-122 Sec. 1302
§ 100-123 Sec. 1303
§ 100-124 Sec. 130.4
Article XIII Article XIV
100-130 Sec. :1400, . first paragraph
§ 100-131 Sec. 1400A
100-132 Sec. 1400B -
100-133 Sec. 1400C
100-134 Sec. 1400D .
100-135 Sec..- 1401
100-136 Sec. 1402 Added 5-29-73
441
New Number
(Chapter, Title, Old Number
Article, Section) (Source.) ' Adoption Date
Article XIV Article XV -
100-140 Sec. 1500
100-141 Sec.: 1501 Amended 7-31-73
100-142 Sec. Md2 1502
100-143 Sec. 1503
® 100-144 Sec. 1504 Amended 7-31-73
® 100-145 Sec. .1505 Amended 7-31-73
@' 100-146 Sec. 1506
Article XV Article XVT
® 100-150 Sec. ' 1600
@ 100-151 . Sec. 1601
Bulk and-.
nd Parking Schedule Amended -- ,-
Chapter A105, -Resolution 5-7-63
Grievance. Procedures (no number•)
A105-1 Sec. 1
A105-2 Sec. 2
@ A105-3 Sec. 3
@ A105-4 Sec. 4
Chapter A106, Approved by Adopted by the Planning Board
Subdivision of Land resolution 9-6-67 ; approved by the
(no number) Town 'Board 9-26-67
Article I Article I
@ A 106-10 First paragraph
® -A106-11 Second paragraph
8 A106-12 Third paragraph•
® A106-13 Article II Amended 5-8-73 ;
Article II Article III
A106-20 First paragraph
® A106-21 Sec. ' l Amended 11-7-68; 5-8-73
A106-22 - Sec. .,2...
A106-23 Sec. 3 Amended 5-8-73
A106-24 Sec. 4` Amended 5-8-73
8 A106=25 Sec. 5 Amended 11-7-68; 5-8-73
A106-26 Sec. 6 Amended 5-8-73
A106-27 Sec. 7 Amended
Article III Article IV
A106-30• ..First': Paragraph
@ A106-31 Sec. l -
® A106-32 ' Sec. 2 Amended 5-8-73
® A106=33 Sec. 3...... Amended= 11-7-68.; 5-8-73
® A106-34 - Sec,. 4
A106-35' ..Sec.. 5
® A106-36 Sec. 6 Amended 5-8-73
A106-37 Sec. 7 Amended 5-8-73
A106-38 Sec. 8 Amended -5-8-73
Article IV Article V
A106-40 Sec. 1 Amended -5-8-73
®-A106-41 Sec: 2
A106-42 S Sec. 3 Amended 5-8-73
A106-43 Seca 4 .
Artia'le V Article VI.T
A106-50 Sec. 1
@ A106-51 Sec. 2
A106-52 Sec.. 3
1-3 . Repeal of enactments not included in Code.
All' local laws and ordinances of a general and- permanent nature
of- the Town' of Southold, in force on the date "of the adoption of this
local law and not contained in such Code or recognized and continued
in force by reference therein, are hereby repealed from and after the
effective date of this local law.'
1-4. Enactments saved from repeal; matters not affected.
The repeal of local laws and ordinances provided for in @ 1-3 of
this local law shall not affect the following cl-asses -of local laws,
ordinances, resolutions , -rights and obligations, which are hereby
expressly saved from repeal :
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A. Any right of liability established, accrued or incurred
under any legislative .provision of the Town of. Southold
prior to the effective ,date of this local law or any action
or proceeding brought for the,_enforcement of such right or
liability.
B. An offense or act committed or done before the effective
date of this local law in violation of any legislative
provision of the Town of Southold or any penalty, punishment
or forfeiture which may result therefrom.
C..._ Any prosecution, indictment, .action, suit or other proceeding
pending, or any judgment rendered prior to the effective
date of this local law brought pursuant to any legislative
provision of the Town of Southold.
D. Any franchise, license,. right, easement or prmvilege
heretofore granted or conferred by the Town of Southold.
E. Any local law, ordinance or resolution of the Town of
Southold providing for .the laying out, opening, altering,
widening, relocating, straightening, establishing .grade,
changing name, improvement, acceptance or vacation of ,any
right-of-way, easement, street, roa(Aa highway, park or
other public place within the Town of Southold, or any
portion thereof.
F. Any ordinance or resolution of the Town of Southold
appropriating money or .transferring funds, promising
or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond of the Town of . eouthold,
or other instruments or evidence of the town ' s indebtedness.
G. Local laws , ordinances, or, resolutions authorizing the
purchase, sale, lease or transfer of property, or any
lawful contract or obligation.
H. The levy or imposition, of special assessments or chargers.
I. The dedication of prpperty.
J. Any local laws , ordinances or,. resolutions relating to salarie
K. Any ordinance or resolution amending the Zoning Map
adopted by the Zoning Ordinance of 11-23171.
L. The Police Department Rules and Regulations approved by
resolution of the Town Board. 8-10-65 .
M. The Highway Specifications approved by resolution of the
Town Board 3-11-70.
N. Any ordinance or local law adopted after 5-29-73.
1-5. Affect on previously adopted legislation.
In compiling and preparing the local laws, ordinances .and
resolutions of the town for publication as the "Code of the Town
of Southold" as d&stributed and designated in the table in .@ 1-2
hereof, no changes in the meaning or intent of such local laws ,
ordinances and regolutions have been made.
§ 1-6.. Severability.
If any clause, sentence, paragraph, section, Article. or part
of this Article or of any local law or ordinance cited in the table
in 9 1-2 hereof shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impp-- r or invalidate
the remainder thereof, but shall be confined it its operation to . the
clause, sentence, paragraph, section, Article or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
0 1-7 . Copy of Code on file.
A copy of the Code in loose-leaf form, has been filed in the.
office of the Town Clerk of the Town of Southold and shall remain
therefor the use and examination of the public until final action
is taken on this local law, and, if this local law shall be adopted,
such copy shall be certified to .by the Town Clerk of the Town of
Southold by impressing thereon the seal of the Town of Southold, and
such certified copy shall remain on file in the office of said Town
Clerk to be made available to persons desiring to examine the same
during all times while the said Code is in effect.
1-8. Amendments to Code.
Any. and all additions , deletions, amendments or supplements to
any of the local laws, ordinances and resolutions known collectively
as the "Code of the Town of Southold, " or any new local law, ordinances
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or resolutions, when enacted or adopted in such form as to indicate
the intention of the Town Board to be a part thereof, shall_ be
deemed to be incorporated into.-such Code to be a part thereof, shall
be understood and intended to include such additions, deletions,
amendments or supplements. When such additions , deletions,
amendments . or supplements.• to the Code shall be enacted or adopted,
they shall thereafter be printed and, as provided hereunder,
inserted in the loose-leaf book -containing the said Code, as amend-
ments and supplements thereto. Nothing' contained in this local law
shall affect the status of any local law, ordinance or resolution
contained herein and may be amended, deleted or changed from time
to time as the Town Board deems desirable. Legislation originally
adopted by resolution may- be amended by local law, ordinance or
resolution. Legislation originally adopted by ordinance may be
amended by local law or ordinance. Legislation originally adopted
by local law maybe amended only by another local law.
1-9. Code book to be kept up-to-date.
It shall be the duty of the Town Clerk to keep up-to-date the
certified copy of the book containing the "Code of the Town of
Southold" required to be filed in the office of the Town Clerk
for the use of the public. All changes in said Code and all local
laws, ordinances and resolutions adopted by the Town Board subsequent
to the enactment of this Article in such form as to indicate the
intention of said Town Board to be a part of said Code shall, when
finally enacted or adopted, be. included therein by temporary attach-
ment .of copies of such changes or local laws, ordinances or resolutions
until such change or local _laws, ordinances or resolutions are printed
as supplements to said Code book, at which time such supplements shall
be inserted therein.
0 1-10. _ Sale - of Code book; suppl-ementation. •
Copies of- the Code-,may -be- purchased from the .Town. Clerk .of the
Town of Southold upon the payment of a• fee to beset by .resolution
of the .Town Board, which may also arrange by resolution for procedures
for the periodic. supplementation- .thereo•f.:
1-11. Penalties for offenses.
Any person,who, without authorization from the Town Clerk,
changes or -amends•, by' additions or deletions, •any part or portion
of the -"Code of the Town of Southold, " or who alters or tampers
with such Mode in any manner whatsoever which :will .cause the
legislation of the Town of Southold to be misrepresented thereby,
or who violates any other provision of this local law shall be
'guilty of an offense and .shall, upon conviction thereof, be subject
to a fine of not more than two .hundred .fifty dollars ($250. ) or
imprisonment for a term of not more than fifteen (15) days , or both.
1-12. Incorporation of provisions into Code.
The provisions of this local law are hereby made Chapter
11 of
-the "Code of the Town of Southold, " to be entitled "General-• Provisions,
Article I, Adoption of 'Code,' -and the• sections of this local law
shall be numbered ®§ 1-1 to 1-13 inclusive.
® `l=13 : When effective.
-This local law shall take effect immediately upon filing with
the'•Secreta'ry of State of'-the State of New -York.
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 3 :30 o 'clock P.M. on the llth day of September 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•, Councilman
Rich,- Justice Suter, Justice Demarest, Justice Doyen.
Moved by Justice Demarest, seconded by Councilman Rich, it was
RES3DLVED that this Town Board approve the payment of $58. 00 for
one pair of eye glasses to James Mellas, which glasses were
destroyed while in the line of duty, upon submission of a proper
�.q-444
voucher to cover same.
Vote of' the Town- Board: Ayes: Supervisor Martocchia, Councilman
Rich-, Justice Suter, Justice Demarest,' Justice Doyen.'
Moved by Justice Demarest, seconded by Councilman- Rich,
WHEREAS a petition was received from Albert W. Albertson Jr.
requesting a change of zone on certain property at Southold-, said
petition for a change of zone from "A" Residential and Agricultural
District to "C" Light" Industrial District,
NOW, THEREFORE, BE IT RESOLVED that the Town Clerk of the Town of
Southold be and he hereby is directed to transmit this application
to the Planning Board in accordance with Article XVI, Section 1600
of the Building Zone Ordinance "of the Town of Southold.
Vote of the TownBoard: Ayes : Supervisor Martocchia, Councilman
Rich, Justice Suter, Justice Demarest, Justice Doyen.
Moved by Justice Suter, seconded by Councilman Rich,
WHEREAS- a petition was received from Bruce A. Norris requesting a
change of zone on certain property at Mattituck, New York,- said
petition for a change of zone from "A" Residential and Agricultural
District to "M" Light Multiple Residence District,
NOW, THEREFORE, BE IT RESOLVED that the Town Clerk be and he
hereby is directed to transmit this application to the Planning
Board in accordance with Article XVI, Section 1600 of the
Building Zone Ordinance of the Town of Southold.
Vote of the Town Board: Ayes : Supervisor Martocchia; Councilman
Rich, Justice Suter, Justice Demarest, Justice Doyen.
Moved by Justice Demarest, seconded by Councilman Rich;' it was
RESOLVED that Marjurie McDermott be and hereby is' appointed
Stenographer to ,the Southold .Town Planning Board, at a. salary
of $5,"000.00 per year, effective September 1, 1973.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Justice Suter, Justice Demarest, Jus.tice .Doyen.
Moved by Councilman Rich, seconded by Justice Demarest, it .was
RESOLVED that the Town Clerk be and he hereby is, instructed to
request the Long Island Lighting Company to install one new.
100 watt street light on Stars Road, Pole #25,. East Marion, New
York, and one new 175 MV light ..on,. Pole # LILCO 101, .corner of
Booth Road and Sound Avenue-,. Southold, New York.
Vote. of, the Town Board: Ayes :, Supervisor Mar.tocch.ia, Councilman
Rich, Justice .Suter, Justice .Demarest, Justice _Doyen.. "
Moved by Justice Demarest,.. "seconded by Councilman Rich,
WHEREAS a .group of residents on Douglas Street, . Orient,, New York
has requested permission of the Town Board to use Douglas Street,
Or.ient,, for recreation and. activities on September 8, 1973., . from
4 :00 P.M. to 8:00 P.M. ,
NOW, THEREFORE, BE IT RESOLVED that Douglas Street, Orient, New
York be closed to the public traffic on September 8, 1973 from
4:00 P.M. to 8:00 P.M. providing .the group of.. residents .on -Douglas
Street have insurance to .hold -,the Town of Southold harmless.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich,, Justice Suter, Justice Demarest, Justice Doyen.
1 4
A .,recess was called at 4 :30 P.M. , to reconvene at 5 :0.0 P.M.
The meeting reconvened at 5 :00 P.M.
Supervisor Martocchia reported that at 3 :00 P.M. , August 24, 1973
in accordance with notice published according tolaw, bids were
opened for one (1) four-wheel , drive car for th.e Police Department.
Two bids were received: Greenport Ford Mercury Inc.-7$4, 105. 99 .
Tryac Truck & Equip. Co. -----$4, 410. 00
Mtn
445
Moved by Justice Demarest, seconded by Justice Suter, it was
RESOLVED that all bids for the four-wheel drive car for the
Police Department be rejected.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Justice Suter, Justice Demarest, Justice Doyen.
Moved by Justice Demarest, seconded by Councilman Rich,
WHEREAS a certain highway known as Swamp Road at Cutchogue, in
the Town of Southold 3vas abandoned in 1969,
NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he
hereby is authorized and directed to execute and deliver a Quitclaim
deed to Semus Lynch, the owner of the premises abutting said
abandoned highway conveying one-half of the said former highway
abutting the premises to the said Santis Lynch.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, austiee Suter, Justice Demarest, Justice Doyen.
Moved by Justice Demarest, seconded by Justice Suter,
WHEREAS Frank S . Zaleski has madd application. to the Town Board
to dedicate certain roads in Mattituck, New York, to be known as
"THERESA DRIVE", "RICHARD STREET" , and "DONNA DRIVE" as shown on
subdivLsion map entitled "Map of Deephole Creek Estates" filed
in the Suffolk County Clerk's Office on January 28, 1965 , as Map
No. 4256, together with release executed by the owner thereof, and
WHEREAS the Southold Town Highway Superintendent has inspected the
said highways and has advised the Town Board that said proposed
highways comply in all respects with the specifications for the
dedication of highways in the Town of Southold,
NOW, THEREFORE, BE IT RESOLVED that in accordance with Section 171
of the Highway Law of the State of New York, consent be and the
same is given to the Superintendent of Highways to make an order
laying out the aforesaid highways , to consist of lands described
in said application as shown on certain maps attached to said
application, and
BE IT FURTHER RESOLVED that the Town Clerk be and he hereby is
authorized and directed to forthwith cause the dedication, release
and deed to be recorded in the office of the Cd)erk of the County
of Suffolk, New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, anatice Suter, Justice Demarest, Justice Doyen.
Mrs. Gladys Csajkl) discussed the Fishers Island trip with the
Town Board.
Mrs. Jean Tiedke discussed the proposed sand and gravel project
by East Coast Mines at Mattituck Inlet. She also questioned the
proposed dredging of the Thames River Channel.
Meettng.gadjourned at 5 :45 P.M.
Albert W. Richmond
Town Clerk
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