HomeMy WebLinkAboutTB-12/23/1975 3,76
SOUTHOLD-TOWN .BOARD MINUTES ,
Meeting of .December 23, 1975
A regular meeting of the Southold Town Board was held on Tuesday,
December 23, 1975 at 'the Town Board meeting room, 16 South Street,
Greenport, New York. Supervisor Martocchia opened the meeting at
3:00 p.m. with the following present:
Supervisor Albert M. Martocchia
Councilman James H. Rich, Jr.
Councilman James Homan
Justice Martin Suter
Justice Louis M. Demarest
Town Attorney Robert W. Tasker
Town Clerk Judith T. Boken
Absent: Justice Francis T. Doyen
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the Southold Town Board minutes of the December 9,
1975 meeting be and hereby are approved as submitted.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
On motion made by Justice Suter, seconded by Justice Demarest, it was
RESOLVED that the organizational meeting of the Southold Town Board
will be held at 3:00 p.m. , Friday, January 2, 1975 at the town board
meeting room, 16 South Street, 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.
On motion of Councilman Homan, seconded by Justice Suter, it was
RESOLVED that the Southold Town Board approves the action of the
Fishers Island Ferry District in seeking bids for the removal of
Building #27 which has deteriorated to 'the extent that it is impracti-
cal to repair and the condition is dangerous to the general public.
Vote of ' the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
Supervisor Martocchia reported:
1. Application of Richmond S. Corwin, Jr. to the DEC for
permission to reconstruct 70 linear feet of an existing failing
groin and replace four piles on an adjacent dock at his property on
Peconic Bay, 1000 feet east of the mouth of James Creek at Camp
Mineola Road, Mattituck, N. Y. Objections by January 15, 1976.
2. Application of Cross Sound Ferry Servibe, Inc. to the
DEC for permission to rebuild and expand their ferry slip at
Orient Point. Objections by December 31, 1975.
3. Application of Mary L. Mulvaney to DEC for permission to
build on her property at North Road, Southold. Objections by
January 16, 1976.
On" motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that Southold Town participate in the New York State
Department of Environmental Conservation' s clam transplant program
and attempt to attend their meeting to be held Thursday, January
29, 1976 at 10:00 a.m. in their Stony Brook office.
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 Bond No. 73 S-8172 BCA issued by The Aetna Casualty
and Surety Company in the name of Albert M. Martocchia, Supervisor,
Town of Southold, in the amount of $200,000.00 be ' and the same is
hereby approved as to its form, manner of execution, and sufficiency
of sureties therein.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
319 :5: V
On motion of Councilman Homan, seconded by Councilman Rich, it was
RESOLVED that Bond No. 73 S-8173 BCA issued by The Aetna Casualty
and Surety Company in the name of Albert M. Martocchia, Custodian
of the Fishers Island Ferry District Funds, in the amount of $15,000.00
be and the same is hereby approved as to its form, manner of execution,
and sufficiency of sureties therein.
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 Bond' No. 73 S-5527 BCA issued by The Aetna Casualty
and Surety Company in the name of Raymond C. Dean, Superintendent of
Highways of the Town of Southold, in the amount of $2,000.00 be and
the same is hereby approved as to its form, manner of execution,
and sufficiency of sureties therein.
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 Bond No. 73 S-8818 BCA issued by The Aetna Casualty
,and Surety Company in the name of William Januick, Town Constable,
in the amount of $4,000.00 be and the same is hereby approved as to
its form,. manner of execution, and sufficiency of sureties therein.
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 Bond No. 73 S-12139 .BCA issued by The Aetna Casualty
and Surety Company in the name of Otis Horn, Town Constable,
in the amount of $4,000:00 be and the same is hereby approved as to
its form, manner. of execution, and sufficiency of sureties therein.
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 Bond No. 73 S-12374 BCA issued by The Aetna Casualty
and Surety Company in the name of Alfred R. Grebe, Jr. , Town
Constable, in -the amount of $4,000.00 be and the same is hereby approved
as to its form, manner of execution, and sufficiency of sureties therein.
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 Bond issued by The Aetna Casualty and Surety Company
in the name of Martin Suter, Town :Justice, .'in the amount of $4,000.00
be and the same is hereby approved. -as to its form, manner of execution,
and sufficiency of. sureties therein .
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 Bond issued by The Aetna Casualty and Surety Company
in the name. of Judith T. Boken, Town Clerk, in the amount of $4,000.00
be and the same is hereby approved as to its form, manner of execution,
and sufficiency of sureties therein.
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 Supervisor Albert M. Martocchia be and he hereby is
authorized -to enter into a contract on behalf of the Town of Southold
with the Village of Greenport, for the use of 141 East-West Greenport
Fire District fire hydrants for a five year period beginning January 1,
1976 through December 31, 1980, at $65.00 per hydrant.
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 Councilman Rich,
WHEREAS Leander Glover, Jr. , has by written application applied
to this Board for a permit to excavate sand, gravel, stone or
other materials from premises located north of Middle Road
(Route 27) , Cutchogue, New York, bounded generally northerly by
lands of L. Glover; easterly by lands of J. Pratt and F. McBride;
southerly ,by. land of Pietrewicz; and westerly by Town of Southold,
and
WHEREAS a public hearing was held on said application on December
9, 1975, at which all interested persons were given an opportunity
to be heard,
NOW, THEREFORE, BE IT RESOLVED that this Board does, in accordance
with Section 81-5 of the Southold Town Code, find that
(a). The proposed operations will not interfere with the
surface water drainage plan of the area nor. endanger any street,
road or highway. "
(b) The circumstances of the location and terrain are
reasonably adapted to rehabilitation to the end that the premises
will not become desert or wasteland following completion of
operations.
(c) The circumstances of the location and the terrain are
such that conditions and safeguards may feasibly be imposed to
assure that the premises will not constitute an attractive
nuisance or endanger the safety of children.
NThe use will not cause undue traffic hazards.
The use will not cause undue noise or wind-blown dust
or sand.
(f) The use will not change the established character of
the neighborhood or depress the value of other lands in such
neighborhood.
(g) The proposed operations are set back at least 300 feet
from any road, street, avenue or highway and that the excavation
operations were in existence at the effective date of the afore-
said soil removal ordinance and that such proposed operations
will not be extended beyond the present front, side or rear
setback lines, and it is further
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to issue a permit to said Leander Glover, Jr. for the
excavation of sand, gravel, stone, or other materials from the
above described premises for a term:'.of one year, subject, however,
to the following terms and conditions:
1. The removal of materials shall be confined to ' the area
shown on the map accompanying said application, a copy of which
is to be signed by the Supervisor and the applicant and filed
with the Town Clerk.
2. The removal of materials from said area shall not extend
below twenty-five (25) feet above sea level.
3. All removal operations shall be set back at least 25
feet from all property lines.
4. All slopes shall be maintained during the after opera-
tions at one foot vertical on one foot horizontal.
5. After operations have been completed, the excavated area,
as well as all other areas where prior excavation operations
have been conducted on the premises, shall be leveled, top soil
to a depth of three inches shall be deposited thereon and said
area shall be seeded with grass.
6. That all areas where excavation operations have been
conducted in the past and all areas where actual excavation opera-
tions are to be conducted in the future shall be enclosed with
wire fencing of the type known as chain link or cyclone fence
or its equivalent to a height of 6 feet with four strands of
barbed wire at the top thereof which fencing shall contain no
openings except necessary gates for ingress and egress which
gates shall be closed and locked at all hours that operations
are not being conducted on the premises. That the permit author-
ized to be issued .by this resolution shall not be issued by the
Town Clerk until such fencing has been erected.
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 Justice Demarest, seconded by Councilman Rich, it was
RESOLVED that Frederick E. Gordon, Greenport, New York,' be and he
hereby is appointed to the Southold Town Planning Board effective
January 1, 1976 to complete the unexpired term of Henry Moisa
which runs • to April 30, 1980.
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 the sum of $500.00 be paid to the Custer Institute,
Southold, New York.
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'the sum .of $500,-00 be paid to the• New York State
Archaeological Society, -Long .Island Chapter, Southold, 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 Justice Demarest, seconded by Justice Suter,
WHEREAS, Pebble Beach. Realty, Inc. is the owner of certain real property
situate :`on the .north side -of Route 25 at East Marion in the Town of
Southold being more fully described in a certain deed dated October 31,
1972 and recorded in the Suffolk County Clerk' s Office on November 10,
1972 in Liber 7279 of deeds at page 489, and
WHEREAS, Pebble Beach Realty, Inc. has heretofore filed a subdivision
map with respect to �said real property in Suffolk County Clerk' s
Office on September 11, 1.9.75, being Map No. 6266, and
WHEREAS, the Southold Town Planning Board heretofore approved the
development of said real property as a cluster development pursuant
to the provisions of Chapter 100, Article XIII, Section 100-136 of
The Southold Town Code, and
WHEREAS;' said provisions of the Southold Town Code require that a
cluster development be organized as a homes association or any other
arrangements -approved by the Town Attorney and the Town Board, and
WHEREAS, -. Pebble Beach Realty, Inc'. has submitted .to the Town Attorney
a copy of :_a Certificate of Incorporation of Pebble Beach Farms Lot Owners
Association; Inc. , a not for profit corporation, which said certificate
was filed in the. -Office. of the Secretary of State on Novemb.er 25; 1975
and also submitted to. -the. Town Attorney- a copy of the proposed By-Laws
of said not for profit corporation, - and
WHEREAS, •the. Town Attorney has reviewedi .said Certificate of
Incorporation and By-Laws with this Board,
NOW, THEREFORE, BE ,IT RESOLVED that this Board does hereby approve
the aforesaid Certificate of Incorporation of Pebble Beach Farms Lot
Owners Association, Inc. ,and the, By-Laws of said corporation and.
directs that the same be filed with the -Town- Clerk.,
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,
WHEREAS the- Sacred Heart R. C. Church, Cutchogue, New York -, has
applied to . the 'Town Clerk for a;Bingo License, and
WHEREAS -the Town Board has examined the application and after
investigation, duly made findings and determinations as required
by law,
NOW, THEREFORE, BE IT RESOLVED. that the Supervisor be and he hereby
is authorized and directed to execute on behalf of the Town Board the
findings and determinations required by law, and it is further
RESOLVED that the Town Clerk be and she hereby is directed to issue
a Bingo License to the 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 adopted.
Mrs. Sherley Katz questioned the Board about an article she read
in a local newspaper stating Justice Demarest and Justice Suter
will be off of the police committee. Supervisor Martocchia stated
he is making up his committees and after evaluation, and since they
have been on the committee for a number of years, he feels he should
change the committees.
Mr. William Pell asked if there would be yearly reports at the
January 2nd meeting. Supervisor Martocchia stated the yearly reports
will be available on January C-th.
380DEC 3975
Mr. Pell also asked when the break-:down of the legal . expenses on
the Norris matter will be :available.. Supervisor Martocchia stated
that upon request from the attorney he received all of the informa-
tion, but since,. the.,judge has not signed the order..the .:information
cannot be made- available to .the public.
On motion of Councilman- Rich, - seconded by Councilman Homan, it was
RESOLVED that, a re.cbss g� be. called at 3:3.0. p..m. for. the
purpose of holding a public hearing, on the agreement..for fire
protection - East-West Greenport Fire Protection District.
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 3:45 p.m.
Mrs. Gladys Csajko asked if the cages for the dog pound have
arrived. Supervisor Martocchia stated he has -been advised they .. .
will--arrive today. They were_in Bay Shore on Friday and should
be in Peconic :now. . Considerable, discussion was. held relative ,to
the .dog :pound;- and- the- proposed leash law.
Supervisor Martocchia thanked all. departments , in Southold Town
for their cooperation -with him upon his request to hold within
their budget lines.- - All of the officials responded very well.
He also thanked those. in, the audience .for. attending the. meetings
throughout the year. .-.--:Wished all holiday cheer and best of the
new year .to :all.
Mr. William Pell asked what the surplus funds will be for the end
of the year. :. Supervisor. Martocchia .stated those -figures. are - being
worked on, and he .should have an answer by the first -of the year. .
On motion of Justice Demarest, seconded by Councilman Rich, it was
RESOLVED that .the' Town of -Southold .enter into an -agreement with
the Village _of-._Gre.enport whereby the Town does engage the- Village
to- furnish .fire; protection to-- the East-West Greenport Fire Pro-.
t tection District, :Town of Southold, N.- Y.-for the following sums
for the years indicated: 1976-$18,000..00, 1977-$21,:000..00,
1978-$24,000.:00, 1979-$27,000.00, 1980-$30,000.00, such sums to
be paybible by the town each: year during the term .of this ,contract
on or ,before_ the lst day. of February_.of each year.
Vote of the Town Board: Ayes; .Supervisor Martocchia, Councilman
Rich, Counci-lman-. Homan, Justice Suter, Justice Demarest.
This resolution. was declared duly.-adopted. .
On motion of Councilman Rich, seconded .by Councilman .Homan, it was
RESOLVED that there being no further business to come before this
town board meeting, adjournment be called at 4:05 p.m.
Vote of the Town Board: .Ayes:. Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
AJudit�hroken
Town Clerk