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HomeMy WebLinkAboutTB-08/24/1976 ,,48 AUG 9 4'197' -SOUTHOLD)-.TOWN):BOARD .,August 24,: .19,76 A regular,-., meeting' of the.: Southold-T014h, ' Board was., field: roh, Tuesday; August,_ 24,:. 1976,: at, --the town board 'meeting room*,, , -16 South-:Street';-.-.: Greenport, , :N.ew-. York. -Sup.ervi8or -Martocchia opehed, the melbting :at 3 :00 P:Mi..c­with -the -fo llowirig-,: pre sent: Supervisor: Alber.tz..M. Martocdhia,)-- Councilman James,H.%,Rich., Jr 7 Councilman James Homan—i Justice Martin.. Suter Justice Louis',M, ,Dettar_est- -­_, Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Town Clerk Judith T. Terry Absent: Justice Francais T.- Doyen . On motion of Justice Suter,. seconded, by Councilman Homan, it was RESOLVED that the minutes of the Southold Tbwn-- Board meetings of August 10, 1976 and August 18,41.' 1976 be- and hereby are''approved as submitted. . Vote .of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman- Homan"---, Juttice Suter- .. JusticeDemare-st,:: This resolution- wa,s; declared duly. ado�ted...-. On motion.-of Councilman.-Homan, seconded:_ .by :Councilman.''Rich, it was RESOLVED - that- the,-next'- regular' meeting .,of-- the- -Southold -Town,.-Board will be held - at 3 :00 Pf;M: . Tue:sdaywl- September 7, 7 19,7.6,-�At:,the<(town!:- board meeting- room; 16 South. Street; Greenport, , New._York:.; Vote of' the; Town Board: -Ayes Supervisor:- Martocchia-, Coiinc.ilman Rich;-Councilman ,Homan; Justice Stiter-i Justice -Demar.est:.* z- This.-.resolution was--d6cl-ar.ed, duly:-adopted:. Supervisor, Martocdh.ia:t.teported,: i - y�,1.: Request, of:,Ci..Vil Service Employee:ls Association, -Alban ' for the names of all employees that do not. be.lohg-ito -the CSEA,.';.:,.-.Th'e:--board's response Is that the.-' names are available on,the.,payroll 'and...they may come i down her-b-,and--copy, them-, off; themselves.'­ 2. Report-- of banitation-::facilities-.' Southold TownrBeach'-and McCabe.s beach, are-- now operational. 3. Letter from Edward Lademann, ­aXtesident of.` Southold j- .r.elat-ive to fire arms control petition for the arba- known .aSLGoose._Cr-eek.-. There was a bill in Albany last year with Shelter Island and Southold Towns on it, -and Shelter.:.Island -,has:*withdrawn---.and, the-.bill-:will have .to be redrafted. .4. Letter from Hartman and Alpert -a- law firm representing -the Southold_; Town, PBA-_ on negotiations of, a new contract and internal problems they may have. The board's grievance committee will- meet with their grievance committee.: 5. Letter from fire departments relative to referendum passed last year -legalizing non-profit organizations gambling. The board does not have all,-the .material, piting controls, but as soon as it is received Town Attorney-. Tasket wi.11rdraw it up and if possible try to incorporate it in the November -election, 6. Conflicting letters received relative to Hurricane Belle, One from the Fire Chief 's Council -stating they feel there was not enough coordination during the hurricane; and another letter from the Department of Emergency Preparedness, Suffolk County, commending the Supervisor for a job well done. 7. Letter from Richard Griffin, `Peconic Bay Boulevard, Laurel, relative to people burning rubbish and- l'eaves, 'etc� , and is very unhappy due to" the high tenperature and unc lean' a it. The .D.E.C., has given permission to many people to burn debris as a' result-. of the hurricane.­. They are presently about 700 loads o.f' debris along town highways to be removed. 8.Receipt" of several letters objecting to the Bohack Village project in Mattituck. This meeting will be recessed to 7 :30 P.M. this evening at the Mattituck High School to give everyone interested an opportunity. to' speak. There was a meeting arranged through the Mattituck Chamber of Commerce for last week, however, `due' to his need to, be. at the' National Convention-at Kansas City he -was unable to attend and was criticized. The "mbeting was arranged for the Monday before, but- was cancelled because of tle hurricane, but Supervisor Martocchia did_ supply all of the material. which was made available at the Chamber_ meeting. . The. material Was also supplied to the Planning Board for study and recommendation. ' 9. Request• form the Southold School for new speed controls on Oaklawn Avenue. This 'ha`s been referred"to Cheif Cataldo for' study and recommendation. 10. Letter from the Citizens for the Ea"st End Inc. relative to preservation of the frams in Suffolk County. Supervisor Martocchia stated verbally he supports the preservation of farms, but will not subscribe has . name 'until" the town attorney has had an opportunity to review the proposal. 11. ' Letter from Benson Telsey relative to traffic study for the K.O.A. ' site on the North ,Road, Greenport; . he does not feel it has been evaluated enough: 12. Item 15 on the agenda was not acted upon as' it goes- to the attorney representing- Southold Town on. a.. grievance- submitted by Mr: Nezin. It must go to court and therefore cannot-be commented upon. 13 . Letter from- Miss Agnes Van Nostrand, Colonial Village, , Southold, objecting to the noise from the ' furid raising carnival held-by-the Southold Fire Department, and wishes it to be located elsewhere in' the future. 14. Letter from Henry'Cantelmi-, Mattituckobjecting'- to '.a " fence phis prop .erty • ^The—opposite of. Highways has been- authorized to-make the necessary corrections. 15'.; Items 19 and '20 on" the agenda; HUD Bohack Village" and HUD- Ahlers-Hellman will•-be, discussed further, later" in' the day. They met in the early afternoon with George Ahlers- and- his 'represe:ntatives. On motion of Councilman Homan, seconded by Councilman Rich, it was RESOLVED that resolutions of July 27, 1976 aftd' August 10, 1976 granting Supervisor Martocchia permission to enter into a renewal lease for a lauching ramp 'next " to' the marina on Narrow River Road, Orient-, with H.M. Demarest & Sons, . at a rental of $100.00 for the period of September 1, 1976 through-August" 31, 1977 be-arid "hereby are rescinded.' Vote- of the- Town Board: _ Ayes : . Supervisor Martocchia, Councilman . Rich; Councilman Homan, Justice Suter.' Justice ,Demarest-not voting. This resolution was declared duly adopted. On motion of Councilman Rich,, secorided..by Councilman Homan; it was RESOLVED that Supervisor Albert M.- Martocch ia`'be and he hereby is authorized to enter into a . five year renewal lease . for a lauching ramp 'next , to the marina "on Narrow- R'iver Road,-Orient; the only public access to Peconic, Bay in the area ' with H.M. Demarest & Sons, at' a rental fee of $100.00'.per year for the period- of', September 1, - 1976 through.:August 31" ' 1981;- property bounded north` by 'Narrow' River Road, east by now. or formerly 'of John• Brown; south by Hailock"s;_ Bay, and west by now or 'former'ly of George L. Edwards: Vote of the Town Board: Ayesc Supervisor"Mar'toccliia, ' Councilman' Rich, Councilman Homan, Justice Suter;-- Justice Demarest-not voting. This resolution was declared duly adopted. T50 1 rfi V G: 24 11976 On motion of Justice Suter., seconded by; Councilman Homan- t..was, RESOLVED that 'the trailer renewal application o_ f ; Edmond_ Bokina_dated � r - July 16; 1976 lbe. .:ands hereby is- granted for-a 6 month period;_ tra 'ilex locztea at'the 'rear of a., storage building, _ on right-ofway,:_ Off the north side Main Road, Laurel, on; the, property o.f,_Aldrich Lane Realty. Vote of the Town- Board: Ayes: Supervisor` 'M&.rtocchia, Councilman` - Rich, ,Councilman .Homan, Justice Suter, Justice Demarest. This resolution was declared duly,adopted: y M . . � _ oved-by .Justice.-beinarest, . seconded. by Justice 'Suter- WHEREAS: a petition was'.received from,Villiam &' Barbara Schriever requesting a change-of zone .on certain property at Orient;,, 'New York said •pe't.ition" for a change -of, zone from' "B" Light Business.District' to "C" Light Industrial District,' now, therefore, be it RESOLVED- that- the Town Clerk of the Town .of Southold-be and she' hereby id., directed, to transmit this applicati n--to- the Planning- Board in accordance- with Article XV; Section;:100-150_ (B) of-.the Code 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 .Martocchia.: .- - 1.6.. There -are, two positions for dog enumerators on the .Orient to Greenport area and Southold to Cutchogue area. Fee is 504 per. do;g: and •' job must be- completed by December 1st. See the Town Clerk for appli- catons,_and information.. : ..- 17'. The program for senior citizens=youth building. on Peconc' ° Lane, Peconic, word_has been received the first portion of tFie _ - grant has been,approved, and the___town` has been_ ac�vi`sed_to send their voucher for; payment of $23, 760.r00 Supervisor,Martocchia-asked if..anyone wished to address -the, Board?--- No response:. - On motion_of _Justice. Suter,-.seconded by.Councilman Homan, . it was RESOLVED that a recess be called at 3s35 P..M.; meeting to reconvene at 7 :30 P.M. at the Mattituck. School.- Public hearings-will be held. at 4.:,30 P.M. on a_ proposed7-Loca1= Law to amend the._Vehicle` and Traffic Ordinance; and_4 :45.. P.M._, on-a proposed_ Local- Law to amend th-e Code of the Town of,_ Southold : relative ''to mailing notices Vote of the Town Boards Ayes : Supervisor Martocchia, ' Councilinan Rich,_Councilman Homan,- Justice- Suter, Justice Demarest. This .resolution..was declared .duly adopted. Meeting reconvened,.at ,7:30 , P.M.-Mattituck^School, Mattituck,New York. � . _. _ .. - _ On motion-of Counc,i.lman._Aoman, seconded-,.bye.Councilman._Rich,, it was` ° RESOLVED r_that the Superintenden_t ,of•_ Highways'.of the Town ,of­Southold` be authorized to. advertise.'for-.bids . and to purchase from the.- lowest responsible bidder : (2) Tow Box Sand and- Salt .Spreaders. , . _ 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 _Councilman Rich,,. it' was. RESOLVED that the; Superintendent of H,ighways_,of: the•'Town' of Southold_ be authorized_ to ,adver_tise' f.or_ bids -and ,to. purchase from the lowest responsible bidder, 10,000. sq, yds.. of. Cationic . Slurry . Seal Type II, more . or less, -as maybe. needed,, for resurfacing' of town highways. ` Vote of the Town Board: Ayes: Supervisor Martocchia,..Councilman Rich, Councilman Homan,,, Jgstice.•Suter, `Justice Demarest. This resolution.,was .declared;duly adopted. . _ =:r �.AVG 2 41976 ,,51 Mr. .,Neil .Mathews, _Elijah Lane-;, ' Mattituck; stated the highway department had knocked down an: evergreen tree last winter and has not replace- it. Supervisor -'Martocchia stated he .would_have... Superintendent of .Highways Dean. look into..the matter tomorrow-. The -,question -was asked what prices would be . accepted for the sand and salt spreader and Slurry seal?�---Supervisor Martocchia stated that it is by .bid.:and he would -not know the average bid .prices. Supervisor Martocchia. stated the general purpose of the meeting this evening is the outgrowth of an incident two or three weeks- ago, when after a town board meeting a parcel was received containing the applica- tion.,of-Holly-Corporation . for. a -project at Bohack Village; West Main Road, Mattituck. Due to. the .fact the•.-next board meeting would not be until .August- 10.th..he decided to contact.' a hon-political organization, the Chamber of Commerce of Mattituck., and. talked to its president, Henry. . Drum, --stating the 'proposal .for Mattituck, and asking him to take. some highlights from the application to get the pulse of the people of Mattituc7 . The entire . file was given to the Planning Board asking for their evaluation and study for the town board. Subsequently a -meet.ing. was set .,for the '.night ,of. the hurricane; therefore it was : cancelled: The plans for the following week for'. the Supervisor were to be a delegate to the National Convention at Kansas City. He did not .know. the. meeting"was. rescheduled for that weeki therefore was obliged-to be: absent, but .his. -interests are in--Southold -Town. He received his report from the Planning Board, -arid' the town board is. ..prepared. to vote, but wish an expression. fr.om the people tonight. Supervisor Martocchia asked Henry Drum if he d.id or -did not make the, material available to him on `the Holly application?--Mr. Drum stated the -materiaL-.rwas: made.-ava.i.lab>l-e:to- him>-.on- the 3rd of'. August... Mr. Sal. .&:istino. -a-sked what :the proper procedure is 'for making an - application to HUD, :can-.the ,.-town ,board when they receive such an application take the people 's wishes under advisement and then vote whichever. .-way ..they_se°e f i,t, =b;=Supervisor- Martocchia stated that�it - takes the best -interests of Southold Town into considera-tion..' But whatever-:,,way they ,,vote: HUD will have _.the- final say-.---Mr. Sistino asked what their options -are, -in _the =eveht the town' board -fails, 'wkat can the rpeop1-e -_do..to :stop: HUD?-- Supervisor.-Martocchia •feels they generally listen .to:-governmental agencies. : Mr..-(Jack :Feeney`cof,_.th:e�._S-igsb:ee Road Civic._Association presented a petition_rconta ning_•..1166- signatures :objecting to .the 'Holly;Construction Company.�.p'roj=ect:--filed with -HUD :for :Main Road,,:. Mattituck, and an -additional amount of signature-s-.'totaling- 135:3 _This: petition was ,presented to HUD this .morning.: Ax%-_Feene_y -then-read 'the: petition,:which -reads as follows :. -"-PETITION,;IN. :_OBJECTION:':TO HUD. SUBSIDIZED HOUSING IN :MATTITUCK; N.Y. We the undersigned concerned. .citizens of the. Ma'tt.ituck- Community wish to .expres-s our.-_ob_jection«to_ the, application: of, the Tur-nkeep- Properties Inc., of Freeport :a•lso ref erred -to as (the "Holly. Construction Company of Freeport" .to convert the. abandoned' -Bohack store: and .adjoin•ing shops on Main :Road., :Ma.ttituck. in'.to-_21.:efficiency- apar.tments.'and 27 one bedroom apartments`,. with :ten...percent_ of.-the -units -designated• for handicapped persons— This This proposal had been filed with :HUD- under :Se-. 8 of the. Housing and Community Development .tact. of- :1.974-_.-_ Under. Sec. . 8', - -elderly persons or families whose .income does not-.:exceed .80%. of the median -income — for -Suf.folk..Countyfcould''qualifyu.as rrente-i�s and' receive. a HUD .rent subsidy_ fos_' rental.:char-ges:: n.,,exces-s--•of: 25% -of- the.-i-r- income. The HUD payments would go :directly_ to, the .landlord.- HUD_':s .main. :consideration_:is-_ the_- need f:or `low -.income- .housing' in the area .whete the. housing .would be built. We object to this: application :f-or_ the 'following reas'ons:: ' 1:` At'the present time: there :is- no- -demonstra:ted_need .for- low income housing for the elderly in this area. 52 MC 2. , The -location; .Main Road:, :Mattituck, N:Y. 'is . actually. N:Y.S. Rt. 25, a heavily traveled toa:d•that �wouls. present a great' danger to. elderly people, _handicapped-persons, and children. . Tt's. a difficult road for the present residents of the..community.. to cross. - The area is definitely not appropriate for this type of development. . 1 3:; , - In , this community .the. services: these people need .most are sadly .lacking: a. Our -dedicated ..physicians,,are presently overburdened and reluctant to take new patients. This is primarily a summer vacation -community,-and.- in the summer :months .this:community is intensified: . b. Only ,two .hospitals serve the community .one in Greenport . _ ;and the other-:in Riverhead.. . .-Only Riverhead .has :a .maternity ward, Both hospitals find it hard -to .meet.: present -demands. -e: We .only have private- ambulance service- d. - -Our schools_despte. recent additional buildings,- are . overcrowded.-and the. school taxes.are_A major concern- of our home owners, many on low•. f ixed - incomes,- - pensions or. social -security. - e:: ..---jobs' are _scarce. and those; available are _on a low.'salary scale:. . Ou-r •:.young �peop.le are -constantly_, leaving the -community becuase--of- ;this situation.:. f._ .Our Southold 'Town _Police _.Department is: underrdanned at 'the present and the tax; money necessary to correct the situation -As unavailable. . Ai The area 2i,s _not zoned for .this type of housing and:-there is no logical -reason for changing this,, zonin-g :. Taking all of .these, circumstances -into consideration we are sure .HUD can find other locations in communities where their assistance would be greatly appreciated and needed, .and where .these people who we all desire to, help would have the services and .conveniences they= :need.-. - Mr. Feeney stated that their representat'i-ve was told HUD wants: an answer. by August _31st., but today at a : town board meeting. -in, Gr:eenport a gentlemen c.la.iming to . r.epresent ..the. Holly .Consturction Company, Stanley Sedransk, , also claiming to ,be .the -so-le_owner, .-stated that if the people of. the community .obje.cted, --thby of the construction company could ask for an extension: To_:his knowledge HUD''s letter to the town makes no knowledge of an extension. The people of the community remain united vigilant where, the_ interests of. the •community are inv_olved,, -and want. a -unanimous vote .of :the board 'rbjecting the project., Mr,. Raybor told, them at 'a _chamber of commerce- meeting that a person he spoke. to- at .HUD stated they are not interested in per_sonal-,-.opinions,.-=-Mr._ Feeney read- the objections to the project by the Southold Town Planning Board. Mr. Feeney read, a copy of .a_. . certificate of _change filed with .the.'Department �of State. -(bf--certif- icate of incorporation.).-name- of the _cbrporation is Turnkey Proposals, Inc_:., it- was=-formed -under the-name of-HUD Builders j_ :Inc.:, with '-office located in Freepo_rt., in-.the Town of Hempstead;. therefore- they changed the- name:,. .and it was.-:signed. November:-8,-. 1-973 by .the secretary, Stanley Sedransk, the present sole. owner. of :the' :Ho.11y. Corporation, "-If HUD ignores 'the wishes , of the people and, the. town elected offic-ials, they will contabt. all of -the state and federal elected officia.ls ,'' '. and send them copies of. the.ir petition. and, let them know a govern- ment agency ha's seen: fit- to•,igno.re _the:wishes of-- the people;. if' they. fail.-:,there they -would like-to s,exve'::noti°ce. on.Hol.1y. Corporation that their signatures were of:• locally concerned citizens,- and Holly will regret they ever heard,, of Mattituck, Long Is-land. . Mr. Sistino questioned,how- HUD. can: have the:.final say:=- Mr. .Feeney stated he knows from personal knowledge-that-it can happen., they have a lot of money they are looking -to spend and it has been known that people with enough . influence: have gotten them-- tb spend money when- people in the community -do not want it-. - Even if the_. town objects, AUG* 24:1976 53 HUD can overrule the board, and give the money.---Supervisor Martocchia stated that even if HUD approves the grant, there are many other steps they.must take before they can build. Town Attorney Tasker explained the process--what Holly is doing is applying to HUD for funding and subsidy. They are really asking for federal funds. As to whether or not Holly can override the local laws of the Town of Southold, the answer is no; they must comply with the laws and regulations of the town. Right now we are concerned with Holly isapplication to HUD, we haven' t gotten to the next step or even if they got the funds they could legally put it there undEr our laws; we are not to that step yet, however, their application in its present form our ordinance will not permit it to be placed there because it violates several sections of our zoning ordinance. The question was asked if multiple dwelling is an allowed use in the business district?--The answer was yes. One of the citizens asked that the question be put ,to a vote in the interest of saving time.---Supervisor Martocchia asked- that those who do not want the project to come into Mattituck at the Bohack Village site to stand up. (Almost everyone present stood. ) Supervisor Martocchia asked that all those who are willing to have it come into Mattituck to stand. (No one stood. ) On motion of Justice Suter, seconded by Councilman Homan, it-was RESOLVED that the Town Board of the Town of Southold recommend to the Department of Housing & Urban Development the disapproval of Project NY36-006-044, application of Holly Construction Company for a proposed apartment complex in the hamlet- of Mattituck, New York. The Southold Town Planning Board and Southold Town Building Department has made a study of this proposed project and, are opposed; the Southold Town Board met with over 300 Mattituck residents on this date, August 24, 1976, at which time all expressed their opposition, and presented this board with a petition containing 1, 350 signatures, all in opposition. In the face of so much public opoosition, and the fact that the subject application does not fit in with the development plans for housing in that location, this proposal- is unanimously rejected by the Southold Town Board. Vote 'of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Sutee, Justice Demarest. This resolution was. declared duly adopted. On motion of Councilman Rich, seconded by Justice Demarest, it was RESOLVED that the Town Board of the Town of Southold recommend to the Department of Housing. & Urban Development the disapproval of Project . NY36-006-040, application of George. Ahlers and Barry Hellman for a proposed apartment complex in the hamlet of Southold, New York. The Southold Town Planning Board has made a study of this proposed project and are opposed, stating that this type of housing is not desirable in this area, nor necessary, and the town board strongly concurs with their opinion. 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 Local ,Law to amend Chapter 100 (Zoning) of the Code of the Town of Southold in relation to the exclusion ,of dwelling units in certain use districts and to redefine the terms Public Water and Public Sewer" be transmitted to the ,Southold Town, P.lanning, Board with instructions to prepare an official report giving their recommendations on said proposed Local Law. Proposed. Local Law to read as follows: 1. The terms "Public Water; Public Sewer" as defined in Section 100,--13 Article I; Chapter 100 of the Code of the Town of Southold is hereby amended to read as follows : 5A 2`41976 AUt Y PUBLIC WATER: PUBLIC SEWER - Communal sewage disposal systems and commun-a-1 water supply systems: - - __.: r-approved :by public ! agencys,having jurisdiction -thereof. II. Subdivision (1) of Section-._1.00-60A, ,Article: VI, .Chapter_: ,100 of the Code of the Town of Southold is hereby amended to read as follows: .(.l) -Any, permitted :use,s. set ,forthin,. and as regulated, by the, following provisions ,of thisA:chapter: -(a Subdivision (2 aric�`'(3') of "Section 'T00-30A.' =(b' '=Subdivis bri- (3):.of- Section :100-40A. II2i' ' ZubdiV sign''-.(1-)= of Section 100-60B, Article VI, Chapter 100 of.:the.-Code•-of the.- Town.cof:Southard is hereby amended. to "-read as - •. -fol-lows-•_, --.- - � _ �_ .-��:=.r., , :, ° .... ,, ,, . .- .: . . ;_.: .: . ,.- =: ° �,.� . (1):.-Any, special_exception-ruse..set;forth in,,; and: as -regulated by, _.the following provisions of;.the -chapter: Subdivision ' (.2) -to -.(:13) , inclusiy.e 'f -Section; 100-30B. (b ' 'Subdivfsi_ons J(2) ; (4)- and (5") of" Section 100 50B. IV. Subdivision -( Section' 100-'60C, Article VI, CYiapter 100 of the Code of the Town of Southold is hereby deleted and subdivisions of--said Sectibn are: renumbered.-aceordirigly s- V. Subdivision (1) of Secti.on,�100-70A;.,Article•VIl,; .Chapter. -100-.of the Code of the Town of Southold is hereby amended to read as follows: (1) . Any .p:ermitt.ed use _sqt forth:.in -and- as, regulated- by the „following _provisions of. .this iChapter` (a Subdi"vision (2 and "(3) of Section 100'-.30A. (b Subd1v sion-- (3)' of -Section 100'40A-." "(c =-Subd-iv'iari`s o '=(2�) =to `'(9')-,`- ihclUs ve of Secti on 100-60A. d:- r-Sectioni--1-00=62�; : VI. Subdivision (1) of Seb.tion: 10.0=70B�,; Article-. VII, Chapter, 100 of the Code of the Town of Southold is hereby amended to read as follows,: 1 _Ar _special _exception. use set .,forth in, and as; regulated by the following provisions of_ this chapter. a Subdivision �_ to (lf3)" i'nclu.sive of Section :1bb '30B. b�= Subdivision �2-� , (4) ; and-- (5)=�ofl Section 100=50B. VIl, -,, Subdivision =(1)i-of .'Section-=100-7OC=;_ Article VII, Chapter` 100 of .the, Code:.of the Town-- of Southold:--is: hereby: deleted and°subdivision (2), is, renumbered accordingly. ,VILI. .. .S.ubd; vision (1); o:f-,-15ection: lOQ--80A, _Article -VIII_, Chapter. ;100 ,of tYie -Code_ of the_.Town .of Southold ,is- hereby amended_ to read as follows: _ _ permitted` uses' -set. -forth'--in,' 'arid as, regulated: by the- foll=owing °provission9 of this chapter c (a) . Subdivis ions! (2) and (3) of Section 100' 30A. IX.:: :Subdivis:ion- _(L-7): .of. _Se.cti:oxr :100--"�80B; Article VIII,: .Chapter 100 of the Code of the Town of Southold is hereby deleted. X. Section .100-9OA, o. :..Article;_;IX, .Chapter 100 of the -Coale, o.f. the Town"'of Southold .is her amended to.. read as. follows: . A. Ih 't):b t-1 District, Buildings` and premises may be used for any,-lawfu� 'pur�pos'e, exc'ept'that rio building and/or premises shall be used for dwelling, boarding and tourist home; hotel, motel or• tourist camp purposes :and.- the_:us..-es:�hereinaft:er- set forth are permitted only by : spereial exception_by,•-the::Board of Appeals- as hereinafter t , provided., - and .are- subd1?ct ;to-.sit;e.,plan:,approval. by .the; Planning. Board in accordance. with Article. XIII, hereof: Vote of the: Town Board:- Ayes: Supervisor Martocchia, Councilman Ri°ch;` 'councilman Homan-, Just-166 Su.t'er',"Justice` Demarest: This resolution was declared- duly adopted. Town Attorney Tasker explained the proposed Local- Law:relative to the exclusion..of..dwelling units in certain use,- districts: : Right now the Town of'Southold. has a- cumulative type; zoning., ordinance as. distinguished from''a restrictive type ordinance. . A cumulative -type ordinance permits in the lower use districts everything that is permitted in the higher sue districts. In the business district it permits the .uses ,in the 'r-esidehob district. The `uses' permitted in the r•esidence..a3Ad":busine88 district are ,permitted 'ih the industrial district. .For instance, a multiple dwelling use is permitted in the business district ;,under the present zoning.-ordinance. , The proposed local law will-.prohibit,residence. and. multiple dwelling uses in the -business districts;' only business uses will be permitted in the business , • �district; noresdences. On motion' of 'Councilman Homan; seconded -.by Councilman Rich, it was RESOLVED that .a .regular meeting of the Southold Town Board-will be held at 8:00 P.M. , Thursday, August 26, 1976 'at the town board meeting room, 16 South Steet, Greenport, New York. Vote of the Town Board: Ayes: Supervisor Martocchia Councilman Rich, Councilman Homan, Justice Sutter, Justice Demares�t. This resolution was declared duly adopted. AU G� 2 41976 t5.5 -- A ... ;J The residents attending this meeting gave the board a vote of thanks for their actions this evening. The question was asked when the board' s reply will be sent to HUD?-- Supervisor Martocchia stated tomorrow morning. It was requested that the minutes show that the vote taken of the public was unanimous in opposition at both the Chamber of Commerce meeting and the present town board meeting. It was asked whether it would be desirable to enlist some congressional aid?---Supervisor Martocchia stated it would probably help. On motion .of Councilman Rich, seconded by Councilman Homan, it was RESOLVED that there being no further business to come beforethis town board meeting, adjournment be called at 8:20 P.M. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resolution wa's- decl'ared duly adopted. A Judith T. Terry Town Clerk