HomeMy WebLinkAboutTB-10/27/1977 344
OCT; Z.7. 1977;,
SOUTHOLD TOWN BOARD
.October 27 1977
A regular meeting of the .Southo.ld ;Town Board was, held on Tuesday
October 25.. 1977 at the Southold Town Hall, Main Road, Southold,
New York ' Supervisor Marto.cchia,.,.opened the meeting at 3 :00 P.M..,
with the following present :
Supervisor Albert M. Ma.rtocchia .
Councilman .James H. Rich, Jr..
Councilman James Homan
Justice Martin Suter
Justice Louis M. Demarest,
Town Attorney Robert W. Tasker
Highway Superintendent Raymond C. Dean
Town Clerk Judith T. Terry .
Absent: Justice Francis , T. Doyen
On motion of Justice Suter, ,seconded..,by Justice Demarest, .-it. was.. . .
RESOLVED that the minutes of the- October 11, 1977. Town Board meeting
be and hereby are approved ,as, submited.
Vote of the Town Board: Ayes :. Supervisor Martocchia,. ,Counc,ilman
Rich, Councilman Homan Justice Su.ter, . Justice Demarest.
This resolution was declared duly adopted.
On motion of Councilman Homan, ,. seconded by Justice _Suter, it. was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at the Southold Town Hall, Main Road, Southold, New
York on Thursday, November 10, 1977 .
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution wa,s, declared duly adopted.
On motion of Councilman Rich, seconded by Councilman ,Homan, it was
RESOLVED that the September 1977 report of Justice Suter, and August
and September 1977 reports of the Police Department be and hereby are
accepted and ordered placed on file.
Vote of the Town Board: Ayes;: Supervisor Martocchia, Councilman
Rich, Councilman Homan, . Justice Suter, Justice. Demarest.
This resolution was declared. duly adopted.
Supervisor Martocchia :
1. The Board has received a sample resolution from the Town of
East Hampton in support of County Executive Klein ' s proposed "marine
sanctuary" with a request that this Board adopt a similar resolution.
Mr. Klein proposed to the U.S . Interior Department a 3 , 000 square
mile "marine sanctuary" southeast of Long Island to protect the Long
Island shoreline from oil spills and well blowouts. This "marine
sanctuary" would prevent tankers from using routes now proposed for
carrying Georges Banks oil to New Jersey refineries. ---Councilman
Rich stated that before he votes yes or no on such a resolution he
would like to have more information. How, for instance would a
' tanker get into Long Island Sound for Northville Industries where
most everybody's fuel oil comes from today. If you look at the map
the environmental control area goes across the mouth of Long Island
Sound. ---Supervisor Martocchia stated they would table such a resolution
for further review and information.
2 . Based upon the request of Southold Town and possibly other
townships a hearing was requested for the Jamesport project. A
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letter was received dated October 17th from the Department of the
Army, Cox,ps of Engineers stating they are scheduling a public hearing
to consider the work described in Public Notice No. 8816 and will
advise as to the time and place of hearing.
3. Receipt of a thank-you letter from the Cutchogue Free
Library, thanking the Town Board for the proposed allocation of
additional revenue sharing funds in the 1978 budget for the libraries.
4. The Board is in receipt of a proposed local law from Suffolk
County Legislator Anthony Noto from' the 12th Legislative District.
This local law requires the Department of Social Services to receive
written authorization from our villages and towns before placing their
clients in rental housing accomodations. Supervisor Martocchia will
be in touch with Mr. -Noto to get more details on the proposed law.
5. A report has. been received from Ho.izmacher, Mc Lendon and.
Murrell relative to engineering services, to conduct a study of the
Town of Southold' s solid waste management program. The Town will
join,_,the Village of Greenport in this study.
6. Item 6 on the agenda pertains to advertising for bids for
the town hall addition project and Main Bayview Road Improvement
project. The Town attorney must study the bid proposals before
authorization for bid 'can be advertised.
7. Notification has been received from the -Corps : of Engineers
relative to application of Henry M. Karlin for permission to bulkhead,
build a timber pier, ramp and float extension maintenance dredging
anf fill at Jockey Creek, Southold, Jockey Creek is under the juris-
dicition of the Town Trustees and the Board will seek their opinion
on the matter before replying to the Corps ;of Engineers. Objections
must be submitted by November 15; 1977 .
8. Receipt of a, letter from the Eastern Long Island Gymna,sti,cs
Director
Association, 'Mary Tannenbaum, requesting funds to help in their
gymnastic program. The Board has discussed the possibility and
agreed to purchase the necessary equipment in the amount of $500..00.
The Town of Southold would own the equipment.
On motion of Justice Suter, seconded by Councilman Rich, it .was
RESOLVED that the Town of Southold expend $500. 00 for the purchase
of a Balance beam for tl3e ,by the Eastern Long Island Gymnastics
Association at the Mattituck School. This balance beam .shall remain
the property of the Town of Southold.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Supervisor Martoccnia :
9. The Bcara 1.s-_in receipt of a letter sent to the.. Southold Town
Chiefs Council by the Southold Town First Aid Instructors Association
requesting the use' of the manikins to be available for CPR classes
involving students and lay townspeople not involved in"the fire service,
and requesting that the equipment be hou.sed with their Equipment Custodian
Donald Fisher at his residence. The Board will await word from the
Fire Chiefs Council on their action i_n this matter.
10. Supervisor' Martocchia stated he will release to 'the. news-
papers this week a statement proclaiming the week of -October_ '2.3-29,
1977 as "Volunteer Ambulance Week". -There are a great many people
in Southold Town who give up their time to do emergency work for
the citizens of. Southold Town on ,a volunteer basis =
11. There has been considerable correspondence received relative
to Goldsmith ' s Inlet jetty. The communications are. both pro and con'
the removal of the jetty. As mentioned at the last meeting, Supervisor
Martocchia has spoken to County Legislator Joyce Burland regarding this
matter. Mrs. Burland has indicated she will be prepared to give time
to this matter in late November or early December.
12 . A news release has been received from the State of New York
Department of Transportation informing the public there will be an:
information center scheduled at the Laurel Elementary School, Main
Road, Laurel on November 3, 1977 from 3 :00 P.M, to 9 :00 P.M. for the
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purpose of providing information to the public on the proposed
improvement along Main- Road, - Route 25 at Aldrich Lane in the hamlet
of Laurel. The project will consist of realigning a z mile section
of Route 25 to eliminate existing sharp. curves in order to provide a
safer highway facility for the motorist where many accidents have
occurred in the past.
13. Receipt of Public Hearing Notice from the. Department. of
Environmental Conservation in the. matter of the. petition of Orville
W. Terry for permission to erect a ,rubber tire sill 100. ft. long
adjacent to applicant 's property for the purpose of erosion control.
Property located 1. 5 miles west of Orient Point. Project to -be
experimental -in nature. Objections by 'November 17 , 1977 .
14. Receipt of Public Notice from the Department of the Army,
Corps of " Engineers in the matter of- the application of Northville
Industries Corp. , for dolphin construction on Long Island Sound at
Sound Shore Road, Northville, Riverhead Town. Objections by
November 20, 1977.
Moved by Justice Demarest, seconded by Justice Suter,
WHEREAS Northville Construction Inc. has made application to the
Town Board of the Town of Southold to dedicate a certain road in
Cutchogue, New York to be known as "MATTHEWS LANE" as shown on
subdivision map entitled "Northwood" filed, in the Suffolk County
Clerk ' s Office on May 21, 1970 as Map No., 5469, together with
release executed by the owner thereof, and
WHEREAS -the Southold Town Highway Superintendent h6s':1:ins.pected the
said highway .and has advised the Town Board that ,said proposed highway
complies 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 H.ighwa-ys . to, make an order laying
out the -aforesaid highway, to consist of lands described in said
application as shown on certain maps attached to said application:, and
BE IT RURTHER RESOLVED that the Town Clerk be and she hereby is
authorized and directed to f.orwith cause the dedication, release
and deed to be recorded in the office of the Clerk of the County of
Suffolk . New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, , Councilman .
Rich, Councilman Homan; Justice Suter, ,Jus tice Dena rest.
This resolution was declared duly adopted.
On motion .of Councilman Homan, seconded by Justice Demarest, it was
RESOLVED that $97�;00 be and hereby is transferred from .Whole Town
Surplus to A3640.4 Civil Defense Contractual,,
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan., - Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
On motion of. Councilman Homan, seconded- by Justice Suter, it was
RESOLVED that $125. 00 be and hereby is transferred from Fishers
. Islaand Ferry District Unexpended. Balance to Attorney's Fees.
Vote of the Town Board: Ayesti Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
. This resolution was declared duly adopted.
On motion of Justice Suter, seconded by Councilman Homan, it was
RESOLVED that Zdzislaw Mikolajczyk be and he hereby is granted a.
six months renewal of his trailer application, dated October 12, 1977 ;
location of trailer. is south side private road, off east side Main
Road, Mattituck,, New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Moved by Councilman Homan, seconded by Justice Suter,
WHEREAS Sacred Heart R.C. Church, Cutchogue, New York has applied
to the Town Clerk for a Bingo License, and
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007. 2 T.1977
WHEREAS the Town Board has examined the application, and after
investigation, duly made findings and 'determinations as required
by law,
NOW, THEREFORE., BE IT RESOLVED that the Supervisor be and he'..hereby
is authorized and directed to execute on behalf of the Town Board
of the Town of Southold the findings and determinations as requi-red
by law, and it is further
RESOLVED that the Town Clerk be and she hereby is directed to issue
a Bingo License to Sacred Heart R.C. Church, Cutchogue, New York.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopt.
Moved by Councilman Homan, seconded by Justice Demarest
WHEREAS the Burton Potter Post 185, American Legion, Greenport, New
York has applied to the Town Clerk for a Bingo License Amendment-, and
WHEREAS the Town Board has examined the application, and after
investigation, duly made findings and determinations as require d
by law,
NOW,. THEREFORE., BE IT RESOLVED that the Supervisor be and he '.hereby
is authorized and directed to execute on behalf of the Town Board
of the Town of Southold the findings and determinations as required
by law, -and it is ' further
RESOLVED that the Town Clerk be and she hereby is directed to issue
an Amended Bingo License to Burton Potter 185 , American Legion,
Greenport, New York.
Vote of the Town• Board:: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Supervisor Martocchia :
15 . The Board, pursuant to request, received a metes and bounds
description of property of James Bitses at Southold, which he seeks
to develop 'as a cluster development. The .description� is. being
returned to Mr. Bitses as the description of the .cluster..development
is only to, -embrace the- "buildable area . " The-area adjacent to Corey
Creek described as "park- and playground" should be -excluded and a
new description submitted.
16. The Board -has .received .a draft of..an amendment to the
Southold Town Code from Town Attorney -Tasker. The Board will study
the proposal and act in the near future.
On motion of Councilman•Homan, -seconded •by Justice Suter, it was
RESOLVED that Superintendent of Highways . of. the...Town of Southold
be authorized to advertise- for bids for.-the following: One Diesel
Engine for replacement of .engine .in a =WaI ter . Snow-Fighter.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman '.
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly -adopted:
On motion -of Councilman Rich, . seconded by Councilman:-.Homan, -:it was
RESOLVED that a recess be called at this time, 3 :30 P.M. , for the
purpose of holding a public hearing in th•e -matter of the. applicat-ion
of Leo Stack 'for a permit under the provisions of the -Wetland-
Ordinance•, Application No. 30.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice. Suter, Justice Demarest.
This resolution was declared duly adopted.
Meeting reconvened at 3 :35 , P.M.
Mrs. Marie Johnson asked the 'Board who would be responsible for-
the insurance liability for , the gymnastic equipment the. town is
purchasing?---Supervisor, Martocchia stated they- will own the
equipment •-and the Town has a $5, 000, 000. blanket policy, They will
also be using the equipment at the Mattituck School and they -.are
covered by insurance.='-=Justice Suter stated that the reason the
town is .going .to 'be -the owner of - the equipment is-`the fact the gymnastic
..348 ;°oct. 2,,7, 1977
program has .changed .directors several times and someone could not
take the equipment saying it belong.s to the program.. It will be
stored in the school with their other equipment.
Mr. William Pell asked, in reference to. the $50, 000. revenue sharing
funds put aside, for a compactor, what is going to the the final -cost
and what is the target date for completion of this compactor?---
Supervisor Martocchia stated sometime ago the Board met with
representatives of .a compactor., company and they were talking about
$200, 000. but. at . that ,time it - included ,-the building as well.---
Highway Superintendent Dean stated that it all depends upon when
the compactor is purchased and if there is a rise in cost, the
size required. A survey will have to be done of the whole town
as to potential growth, and that will determine .size and cost.--
Supervisor Martocchia stated their . intention is to start .setting :
money aisde for when a compactor is -,required. ---Mr. Pell asked
when they expect to .have it in operation, two years, .five years,
ten years?---Supervisor Martocchia stated it will probably be
mandated by a certain time as to how much longer we can continue
to use the present system.. ---Highway Superintendent Dean stated
they will be looking for a grant plan at 60/40 or 80/20 which
would take a considerable amount of the burden off of the. Town.---
Supervisor Martocchia stated it will be a couple of years at least.---
Councilman Homan stated he does not feel it will be a determination
made by the Town, it will .be made for us. One of the factors nobody
has mentioned is that very shortly we will have to go to liners .at
the disposal area.---Mr. Pell .asked if -. the town will go -as long as
they can without the compactor until they are forced to install one?---
Supervisor Mart9cchia, stated yes , as long as what they are doing
is safe. If there are problems with pollution and they must put in
a liner, they will do that.
Mrs. Gladys Csajko asked if federal revenue sharing is a yearly
thing or what?---Supervisor Martocchia indicated federal revenue
sharing was renewed six or seven months ago for five years. The
anti-recession money has no guarantee .further than July 1978 and
maybe it will be^renewed, but it is not certain. ---Mrs. Csajko
suggested that the t6wn start putting money. aside toward the '100%
assessment project which will -probably .come about .in the near - future.---
Supervisor Martocchia stated -that. at the present . time that : has been
deferred, but when the time comes .he believes there will be some aid ,
from the State of New York, that was part of the cdnditions.---Mrs .
Csa.jko feels it would be a good idea to start building up a , fund for
that. ---Supervisor Martocchia stated the Board might have to start
putting' funds aside for court cases. Many stores are in bad shape-_ ;
finanicia-lly, they are not getting a return on their investment;. and
the courts usually rule in favor on such matters . The worth of the .
.building does not .mean ,a thing, they . go in return on the investment.
For instance, Hill ' s is applying for a, reduction. This hurts the
schools, town -and country. Many times -the town tries to settle out
of court, it saves considerable legal fees , appraisals do, not have
to be hired to testify in cnurt; .this can be avoided by a settlement,
out of court. (Supervisor Martocchia continued to speak on various
assessing procedures, adjustments that must be made on assessments,
the function of the Grievance Review Board. )
Mrs. Marie Johnson asked whether, when big . copporations apply for
building permits, must they automatically be given, or can the town.
exercise some control. The three in a row in' Mattituck could not
succeed, we could .have seen this coming. It would be a great way
to go out and spend a great deal of money and then pay no taxes on
it because you can claim it is not working.---Supervisor Martocchia
stated that first zone changes are ofter involved, site plans must
be approved by the. Planning Board. Mrs . Johnson stated that .the
master plan must certainly have not indicated the need for three
huge shopping centers in a row,--- . Justice Demarest stated what we
originally have is a change of zone for business -and once property
is set aside for business because it should be concentrated in certain areas,
and if someone comes along and buys it for a shopping center it is
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too late then. ---Mrs. Johnson said that there manages to be all kinds
of restrictions on zoning, on building, on practically anything you
do on property you have owned;_for generations., how it is that someone new
can come in and buy a piece of property and you tell us you have no
control. If we have a plan that.-says we. have zoning in this area for a
general wide purposem however, it must be reviewed, so we don 't have
wall to wall grocery stores .---Justice.-Demarest stated that a person
who invests money in a business does not do it - to save taxes, he does it
because he thinks he can make a go of it. We have no control over the
economy. He feels that the . investors in the shopping _cen.t.ers : felt
there was going to a a big influx of people coming ott to Southold Town,
since there-are a lot of developments .and filed maps and those filed
maps would be full of homes and shopping centers would be . needed,.---
Mrs. Johnson`.feels that somewhere a.long. the way the Town,. who could
see the problem ahead, should. have. advised these . people they would
be very foolish_to : do it. ---Mr. Pell. asked .who .overrules the Planning
Board?---Supervisor Martocchia stated the -Planning Board just.
recommends on a change of zone.---Justice Demarest stated that if
the Town sets up a business zone and someone wants to build a
shopping center . the.y must get their building permits from the Building
Department. :When it comes to laying it out it goes to the Planning
Board; they lay out the drainage., . where' the buildings are to be s
built, the parking area..---Mr. . Pell -asked. who appoints the Planning
Board?---The Town: Board appoints them.---Mr. Pell asked whether the
Toen Board has final say?---J.uatice Demarest stated that the Town
Board does not have final say. If they are going to have final say
over the Board they appoint, if they are going to tell them how
to do their jobs then the Town Board does not need them. But the
various boards are appointed and set-up by law and it is ,up to
themto do the job. When it comes to a shopping center, if .the land is
zoned for .a ..shopping center, . for that .type of business , and they
meet all the requirements of the Planning Board there is nothing
that can be done to stop them.---Mrs. Johnson asked if it weren' t
possible to tighten up on the zoning . laws..=.--Justice .Demarest stated,
yes, they can be tightened, but how do you do it so you -don ' t stop
someone who has a legitimate application. --.=Mrs. .Johrison,. suggested
getting the legitimate business person to sign .a waive stating.:they
will not apply for a tax relief within so many years . ---Councilman
Homan stated they cannot make- zone . changes for individuals, .they can
only be made for the land. ---Mrs. Mabel Lytle asked what happened to
the plan and statement of Mr. Wickham that they would zone the property
north of 27 to 2 acre plots?---Supervisor -Martocchia stated it .was in
discussion. The Planning Board was talking about several categories.
They wer.e.•.even .talking about four acres.. for some , areas, but .it ;was
all in discussion.---Justice ,-Dema�rest .stated ..that -.the .master plan
would not :.make two or. !four acre zoning.. :A ;new zonings.br.dinance was
passed as a result of those hearings.. The Town Board -did .not accept
all of the .things that were . discm9sed. A master plan might suggest
in the -future, that it ,would ,be ' advantageous ;for the,.town to adopt some
2 acre zoning,, :but at that .time : the Town .3oard did not see fit to do
it. ---Mr. Hank Faust asked what happens to a shopping center when the
owner defaults on his taxes , and _defaults... on his mortgage?---The Town
Attorney Tasker stated if you default. on• y.our mortgage the bank
forecloses. If they default :on 'their . taxes . the. County of Suffolk
owns the property after a certain number of years. Every piece of
property has a price; has. a value. :.. . . :
Mr. Gus Hartofelis asked if the .T.own Board has made :.a decision regarding
the proposed addition,-at .his .snack _bar at .East .Marion. ---Supervisor. _
Martocchia stated .it has been. determined . it :is =.not a :,Town _Board matter,.
all he has to do :is go to the. .Building. .Depa.rtment _and secure .a permit.
On motion of Councilman Rich, seconded ,_by-.Councilman Homan, .it was
RESOLVED that there being no further -.business to come. before this
meeting adjournment ..be called at ..4 :05_ P.M.. .
Vote of the Town Board: Ayes : Supervisor .Marto.cchia, Councilman :,
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Judith T Terry
Town Clerk