HomeMy WebLinkAboutTB-04/08/1975 gPR.: ::19T
SOUTHOLD TOWN BOARD MINUTES
Meetingcf April 8, 1975
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, April 8, 1975 , with the following present :
Deputy Supervisor Louis M. Demarest
Councilman James H. Rich, Jr.
Councilman James Homan
Justice Martin Suter
Highway Superintendent Raymond C. Dean
Town Attorney Robert W. Tasker
Town Clerk Albert W. Richmond
Absent: Supervisor Albert M. Martocchia.
Justice Francis T. Doyen
On motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that the minutes of the Southold Town Board meeting of
March 25, 1975 be approved as submitted.
Vote of the Town Board : Ayes : Deputy Supervisor Demarest,
Councilman Homan, Councilman Rich, Justice Suter.
On motion of Justice Suter, seconded by Councilman Homan, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 3 :00 P .M. , Tuesday, April 22, 1975 at the office
of Supervisor Albert M. Martocchia, 16 South Street, Greenport, New
York.
Vote of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the March reports of the Police Depa rtment, . Supervisor,
Justice Suter, and Town Cled,- be accepted and placed on file.
Vote of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter.
0
On motion of Justice Suter, seconded by Councilman Rich, it was
RESOLVED that the following bills be approved: General bills in
the amount of $16 , 711. 79; Highway bills in the amount of $13, 759.05;
Fishers Island Ferry District bills in the amount of $22 , 264.40;
Special District bills in the amount of $7 , 760. 99; and Revenue
Sharing Fund bills in the amount of $2, 573.42 .
Vote of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter.
On motion of Justice Suter, seconded by Councilman Homan, it was
RESOLVED that the $1,451.84 voucher submitted by Appeal Printing
Company for expenses incurred by the Town Trustees be approved for
payment.
Vote of the Town Board: Ayes : Deputy Super�zisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter.
L:•
On motion of Councilman Rich, seconded by Councilman Homan, it was
RESOLVED that authorization be given to the Board of Commissioners
of the Fishers Island Ferry District to advertise for bids to
completely overhaul the M/V Olinda diesel engine while aboard the
vessel.
Vote of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter.
'fi g APR :'E $ f9l
On motion of Justice outer, seconded by Councilman Rich, it was
RESOLVED that the Fishers Island Ferry District be granted
permission to advertise for bids to (1) repair cracks in airport
aprons. (2) Paint center lines down each runway as prescribed by
Federal Aviation Administration. (3) Number each runway in
accordance with Federal Aviation Administration requirements.
Vote of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter.
On motion of Justice Suter, seconded by Councilman Rich, it was
RESOLVED that the Supervisor be and he hereby is authorized to
request the Long Island Lighting Company to remove all 400 MV
lights in the Town of Southold and replace them with 175 MV lights.
Vote, of the Town Board: Ayes : Deputy Supervisor Demarest,,
Councilman Rich, Councilman Homan, Justice Suter.
On motion of Councilman Rich, seconded by Councilman Homan, it was
RESOLVED that the Southold Town Board approves the action of the
Fishers Island Ferry District in hiring Phyllis Griffin as a Clerk-
typist to do the necessary work while Mrs. Ione Norton is out due
to the critical illness of her husband, and on a standby basis
whereby she can be used in the future in the event of any emergency
requiring her services.
Vote of the Town Board: Ayes : Deputy Supervisor Demarest, '
Councilman Rich, Councilman Homan, Justice Suter.
On motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that the Southold Town Board submit a letter to the
New York State Department of Environmental Conservation, Stony
Brook')!,,New York, registering their objection to the construction
of an open timber dock approximately 250 ft. in length, by 6 ft.
in width by Robert Dier , in the north side of Southo Ld Bay, 500 ft.
east of Founders Landing Town Beach at Southold.
Vote, of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter.
Moved by Councilman Homan, seconded by Councilman Rich,
WHEREAS -the following local law being proposed Local Law No. 2 -
1975 was heretofore introduced at this meeting by a member of this
Board, said local law being as follows , to wit:
LOCAL LAW NO.52- - 1975
A Local Law to amend Chapter 100 (Zoning) of the Code
of. the Town of Southold in relation to notice of change
of zone; notice of hearings by the Board of Appeals; the
keeping and housing of animals ; site plan approval; the
length of multiple dwellings; minimum floor area of
dwelling units; detached or ground signs; display of
merchandise; uses in B-1 Districts; expiration of Buildings'
permits; and front yard setback in C Districts.
Be it enacted by the Town Board of the Town of Southold as follows :
I. Section 100-30A. (2) (c) of Article III of Chapter 100 of
the Code of the Town of Southold is hereby amended to read as follows :
(c) The keeping of not more than two horses and/or ponies owned
and used by the owner ofthe premises for his personal use, provided .
that the land area devoted to such use shall not be less than forty.
thousand (40, 000) square feet.
II. Section 100-30 C. (5) of Article III of Chapter 100 of the
Code of the Town of. Southold is hereby amended to read as follows,:
(5) Horses and domestic animals other than household pets,
provided that such shall not be housed within forty (40) feet of
any lot line. Housing for flocks of more than twenty-five. (25) fowl
shall not be constructed within fifty (50) feet of any line.
III. Section .100-40 A. of Article IV of Chapter 100 of the
Code of the Town of Southold is hereby amended to read as follows :
A. Permitted uses, subject to site plan approval of the
Planning Board in accordance with Article XIII hereof.
IV. Section 100-40,A. (2) of Article IV of Chapter 100 of the
Code of the Town of Southold is hereby amended to read as follows :
A.R. 81975. 4-
(2) Multiple dwellings not exceeding one hundred twenty-five
(125) feet in length designed for an occupied by not more than
four (4) families.
V. Article IV of Chapter 100 of the Code of the Town of Southold
is hereby amended by adding. a new section thereto, to be Section
100-42 , to read as follows :
§100-42 Livable floor area.
Each dwelling unit in a multiple dwelling the the M Light
Multiple Residence District shall have a livable floor area of
not less than eight hundred fifty (850) square feet, except that
a one bedroom or studio dwelling unit shall have a livable floor
area of not less than six hundred (600) square feet.
VI. Article V of Chapter 100 of the Code of the Town of
Southold is hereby amended by adding a new section thereto, to be
Section 100-53 , to read as follows :
§100-53 Livable floor area.
Each dwelling unit in a multiple dwelling in the M-1 General
Multiple Residence District shall have a livable floor area of
not less than eight hundred fifty (850) square feet, except that
a one bedroom or studio dwelling unit shall have a livable floor
area of not less than six hundred (600) square feet.
VII. Section 100-60 C. (3)' (a) of Article VI of Chapter 100
of the Code of the Town of Southold is hereby amended by adding a
new sentence at the end thereof to read as follows:
As used in this paragraph, the word premises shall mean all
contiguous property in common ownership.
VIII. Section 100-63 of Article VI of Chapter 100 of the
Code of -the Town of Southold is hereby amended to read as follows :
@100-63 Uses confined to enclosed buildings.
All uses permitted in a B District, including the display and
sale of merchandise, and the storage of all property, except living
plants; shrubs or trees, shall be confined to fully enclosed buildings
on the premises .
IX. Section 100-70 B. (f) of Article VII of Chapter 100 of
the Code of the Town of Southold is hereby amended to read as
follows:
(f) No motor vehicle sales, used car lots, gasoline service
or repair shops or similar businesses are to be located within three
hundred (300) feet of a church, public school, library, hospital,
orphanage or a rest home.
X. Section 100-70 B. of Article VII of Chapter 100 of the Code
of the 'Town of Southold is hereby amended by adding a new paragraph
thereto, to be paragraph (5) to read as follows :
(5) Cabinet shops, carpenter shops, electrical shops, plumbing
shops, furniture repair shops and bicycle and motorcycle shops.
XI. Article XII of Chapter 100 of the Code of the Town of
Southold is hereby amended by adding a new section thereto, to be
Section 100-125 , to read as follows :
1100-125 Notice of hearing.
A. In all cases where the Board of Appeals is required to hold
a public hearing, in addition to the notice of such hearing required
by law, a written notice containing the following information shall
be sent by the person petitioning such Board, or his agent, by either
certified oritegistered mail, to every owner of property immediately
adjacent thereto. In the event that any petitioner owns or has any
interest in any puperty immediately adjacent' to the property which is
the subject of such petition, then written notice shall also be
given to the owners of the property adjacent to such other property
of the petitioner. For the purpose of this section, the words
"owner" or"property owner" means the owner as shown on the current
assessment roll of the Town of Southold. The notice required by
this section shall be mailed by the petitioner, or his agent, within
five (5) days preceding the filing of the petition in the town
clerk ' s office. Proof of mailing' of such notices in the form of a
sworn statement shall be filed with the town clerk at the time of
filing of the petition. Such notice shall contain the following
information :
250 APR . .8.1975
(l:) A statement that the petitioner proposes to apply to
the Board of Appeals of the Town of Southold for a variance,
special exception, special permit, or other specified relief,. as
the case may be.
(2) A description sufficient to identify the propetty which
is the subject of the petition.
X3) The zone district classification of such property.
(4) A detailed statement of the relief sought by the petitiorer.
(5) The provisions of the zoning law applicable to the relief
sought by the petitioner.
(6) A statement ghat within five (5) days such petition will
be filed in the Southold Town Clerk ' s Office, Main Road, Southold,
New York, and may then be examined during regular office hours.
(7) A statement that a public hearing with respect to such
petition must be held by the Board of Appeals of the Town of Southold
before the relief sought can be granted; that the person to whom the
notice is addressed, or his representative, has the right to appear
and be heard at such hearing; that a notice of such hearing will be
.published in the official .Town newspaper not less than five (5) days
prior to such public hearing.
B. In. lieu of complying with the provisions of this section,
written verified waivers of notice executed by the persons entitled
to receive such notice may be filed with the town clerk at the time
of filing the petition.
C. Failure to comply with the provisions of this section shall
not affect the validity of any action taken by the Board of Appeals .
XII. The first sentence of Section 100-141 H. of Article XIV
of Chapter 100 of the Code of the Town of Southold is hereby amended
to read as follows :
H. Every building permit shall expire if the work authorized
has not commenced within twelve (12) months after the date of
issuance, or has not been completed within eighteen (18) months
from such date.
XIII. Article . XV of Chapter 100 of the Code of the Town of
Southold is hereby amended by adding a new section -thereto, to be
Section 100-152, to read as follows :
a
S100-152. Notice of proposed change of Zone Classification.
A. In the case of a .petition requesting a changendn zoning
district classification, in addition to the notice required by law, -
a written notice containing the following information shall be sent
by the petitioner, or his agent, by either certified or registered
mail, to every owner of property immediately adjacent thereto. In
the event that any petitioner ownes or has any interest in any property
immediately adjacent to the property proposed to be changed in zoning
district classification, then written notice shall also be given to
the owners of the property adjacent to such other property of the
petitioner. For the purpose of this section, the words "owner" or
"property owner" means the owner as shown on the current Southold
Town assessment roll. The notice required by this section shall be
mailed by the petitioner, or his agent, within five (5) days preceding
the filing of the petition in the town clerk ' s office. Proof of
mailing of such notice in the form of a sworn statement shall be
filed with the town clerk at the time of filing the petition. Such
notice shall contain the following information:
(1) A statement that the petitioner proposes to file a petition
with the Southold Town Clerk requesting a change of zone classificatio
(2) A description of the property ubich is the subject of such
petition.
(3) The present zone district classification of the property
and the proposed zone district classification.
(4) A statement that within five (5) days the petition requesting
such change in zone district classification will be filed in the
Southold Town Clerk 's Office, Main Road, Southold-, New York and may
then be examined during regular office hours.
(5) A statement that a public hearing with respect to such
petition must be held by the Southold Town Board before such change
APR' 8"1975 ' " 251
of zone can become effective; that the person to whom the notice
is addressed, or his representative, has the right to appear and be
heard at such hearing; that a notice of such hearing will be
published in the official town-pn_pwspaper not less than ten (10)
days prior to such public hearing.
B. In lieu of complying with the provisions of this section,
written verified waivers of notice executed by the persons entitled
to receive such notice may be filed with the town clerk at the time
of filing the petition.
C. Failure to comply with the provisions of this section shall
not affect the validity of any action with respect to such petition.
XIV. * The Bulk and Parking Schedule forming a part of Chapter
100 of the Code of the Town of Southold is hereby amended to change
the front yard requirements it the C Light Industrial District from
200 � feet to 50 feet.
XV. This local law shall take effect immediately.
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 6th day of May , 1975 , 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 : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter.
On motion of Councilman Homan, seconded by Justice Suter,
WHEREAS the Sacred Heart R. C. Church, Cutchogue, New York has
applied to the Town Clerk for a Bingo License , and
VEEREAS the Town Board has examinedthhe 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 onbehalf of the Town Board
the findings and determinations 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 Sacred Heatt R. C. Church, Cutchogue, New York.
Vote of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter .
On motion of Justice Suter, seconded by Councilman Homan,
WHEREAS George McCarthy applied to the Town Board for a single
trailer renewal permit, dated April 1, 1975 ,
NOW, THEREFORE, BE IT RESOLVED that the application of George
McCarthy to locate a single trailer on his property at the south
side Main Road, Laurel, New York, be and hereby is granted for a
period of six (6) months .
Vote of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter .
On motion of Justice Suter, seconded Councilman Rich, it was
RESOLVED that Chief Carl Cataldo be and he hereby is authorized
to purchase 28 police jackets at $55.00 each.
Vote of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter.
On motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that Agnes Norkelun be and she hereby is appointed part-
time clerk in the Supervisor ' s office, at a s&lary not 'to exceed
$2, 500. 00 per year.
Vote of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter.
A recess was called at 3 :30 P.M. for the purpose of holding a
public hearing on Local Law No)j' 1975; minutes taken by Muriel
Brush.
Meeting reconvened at 3 :45 P.M.
252 _APR .8.1975
On motion of Councilman Rich, seconded by Justice Suter,
THEREAS William Lieblein of the Port of Egypt, Southold, has
volunteered to place navigation stakes in the entrance of
Arshamomaque Pond for the year 1975,
NOW, THEREFORE, BE IT RESOLVED that William Lieblein be and he
hereby is authorized by the Southold Town Board to place markers
in the entrance of Arshamomaque Pond at a cost not to exceed $75. 00.
Vote of the Town Board': Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman 'Homan, Justice Suter.
On motion of Justice Suter, 'seconded by Councilman Homan, it was
RESOLVED that the Southold Town Board accepts the $380, 000.00
bond submitted by "Pebble Beach Farms" for roads and improvements
in that subdivision.
Vote of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter.
On motion of Justice Suter, seconded by 'Councilman' Rich, it was
RESOLVED that the Town Board of the Town of Southold does hereby
support the appeal of the Town of Lockport in its appeal to the
U. S. Sppreme Court of the U. S. District Court decision which
upheld the manner in which the County Charter of Niagra County
was approved by the electorate, and that a copy of this resolution
be forwarded to the Town Board of the Town of Lockport.
Vote of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter.
On motion of Justice Suter, seconded by Councilman Rich, it was
RESOLVED that this Town Board 'meetng be recessed from 4 :30 P.M.
to 5 :00 P.M.
Vote of the Town Board: Ayes: Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter.
Meeting reconvened at 5a00 P.M.
On motion of Justice Suter, seconded by Councilman Homan, ' it ,was
RESOLVED that Michael J. Cortese be employed as worker and
coordinator of the Narcotic Guidance Council at a part-time
rate of $4. 00- per 'hour for 10 hours per week, for the period
effective April 1, ' 1975 through June 30, 1975.
Vote of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter .
On motion of Justice Suter, seconded by Councilman Homan, it was
RESOLVED that the Southold Town Clerk ' s Office, Main Road, 'So'uthold,
New York be designated as the Central Registry in the Town of
Southold for all corporations having underground facilities within
the township.
Vote of the Town Board: Ayes : Deputy Supervisor Demarest,
Councilman Rich, Councilman Homan, Justice Suter .
Mrs . Loraine Terry inquired as to how applications to the Department
of Environmental Conservation and the Southold Town Trustees could
be corrected to conform in size of project.
Mr. Gleason spoke on behalf of the Senior Citizens asking if the
Town wuld go to the $6500 income exemption on taxes.
Mrs. Pospisil read a letter directed to Suffolk County Executive
Klein requesting a Teen-Senior Pitizen Center in the Town of Southold
which would hold 1000 people.
Mrs. Dorothy Sullivan read an article from Newsweek regarding dog
bites by unleashed dogs.
Meeting adjourned at 5 :30 P.M. Albert W. Richmond
Town Clerk