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HomeMy WebLinkAboutTB-08/12/1958 MEETING OF AUGUST 12, 1958. The. Southold Town Board met at- the office .of Supervisor:Norman E. Klipp at Greenport, on Tuesday,' August 12', 1958. The meeting was called . to order at 1:30 P.M. with the following present: Supervisor Klipp; Council- man Albertson and Demarest- Justices Tuthill and Clark; Supetintendent of Highways Price, Town Attorney ,Tasker and Town. Clerk Booth. The Board sat at once as a -committee on audit to examine claims against the Town concluding the audit work at 2:00 P.M. Moved by Councilman Demarest`; seconded by Justice Clark: RESOLVED: That the minutes of. the meeting of July 22 'and July 29, 1958 be and hereby are duly approved as read. Vote of . Town Board: Ayes-Supervisor Klipp-; -'Councilmen Albertson and Demarest; Justices .Tuthill and Clark. Moved by Justice Clark; seconded by Justice .Tuthill: RESOLVED: That the Town Board make its official visit to Fishers Island on Tuesday, August 19 1958. ,The meeting will. be called .to order at 1:30, P.M. . The- Supervlsor. is hereby authorized to provide transportat- ion. The boat will leave Preston's Dock in Greenport at 9:00 A.M.' Vote of. Town. Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest'; Justices Tuthill and Clark'.. Moved by Councilman Albertson; :seconded by Justice Tuthill: WHEREAS, on the recommendation of the Planning .Board, the fee of $25..00 be returned for the petition of Frank B. Rogers, Jr. and Midgley & Horton, NOW,. .THEREFORE, BE IT RESOLVED: That Supervisor Norman E. Klipp ,be and he hereby is authorized and directed to return to Frank B. Rogers, Jr. and Midgley & Horton the fee of $25.00. which accompanied the petition. Vote of Town- Board: .Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. . Moved by Justice Tuth31; _:se.corded:f'b3r ;Jutce:l Clark: RESOLVED: That Supervisor, Norman E. ,Klipp ,be. and he hereby is authorized to purchase from Crabtree-O'Keefe one 1953 Ford Panel .Truck, purchase price,. $570= for the use of the Mattituck Civil Defense . Squad. . Vote of. Town Board: Ayes-Supervisor Klipp; 6ouncilmen Albertson and- Demarest; Justices Tuthill and- Clark. Moved by Justice Clark; seconded by Councilmen Demarest: RESOLVED: That t he. report of Howard M. Terry, Building- Inspector, for the , month of J"ly, 1958, be 'accepted by the Town Board and placed on file. Vote of Town Board: .Ayes-Supervisor Klipp; Councilmen Albertson, and Demarest; Justices Tuthill and Clark. Moved by Councilman Demarest; seconded by Justice Tuthill: WHEREAS, ,the Suffold County Civil Service Commission Elegibility List for Police.. Patrolman #297, Town of Southold, established August 20' 1957, for one year, is. about to expire, and WHEREAS, it is the desire of. the Southold Town Board that this list should be continued in full force and effect for a longer period, NOW, THEREFORE, BE IT RESOLVED: That Supervisor Norman E. Klipp be, and he hereby is instructed to request the Suffold County Civil Service Commission to continue the eligibility list for Police Patrolmen, Town of Southold, .N.Y. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by. Conncilm.an Albertson; seconded by Councilman Demarest: RESOLVED: .That General Bills in the amount of $6,317..26; Lighting District Bills in the amount of $11809.80; Fishers Island Ferry District Bills in the amount of $16,3 51.23, be and the same are hereby ordered paid. Vote� of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and ' Demarest; Justices Tuthill and Clark. ' Moved by Councilman Albertson- seconded by Justice Clarks RESOLVED: That Bond No. SM178i88-3, issued by the American Motorists Insurance Company on behalf of Harry W. Smith, in the sum of Five Hundred Dollars (1500.00) be and the same is hereby approved as to its form, manner of execution and sufficiency of sureties therein. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. 51 Moved. by Justice Tuthill; seconded by Justice Clark: .. RESOLVED: That Bond No. 741822, issued by the Glens Falls Insurance Co.. on .behalf of Theodore- B. Howard, in the sum of Four Thousand Dollars ($4,000.00) be and the same is hereby approved as to its manner of execution and form, and sufficiency of sureties therein. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark.. Moved by Councilman Demarest; seconded by Justice Clark: RESOLVED: That the Police Report for the month of July be accepted by the Town Board and placed on file. . Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices -Tuthill and .Clark. Moved by Councilman Albertson; seconded by Councilman Demarest: WHEBEAS, . a petition was received from GEORGE W. SMITH & SONS, INC. relative to 'change of zone, 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 Section 901, Subdivision C of Article 1X of the Building Zone Ordinance of the Town of Southold. Vote of Town Board: .Ayes-Supervisor .Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Councilman .Albertson; seconded by Justice Tuthill: WHEREAS, a petition was received from VALENTINE RUCH]AV, relative to change of zone , 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 Section 901 Subdivision C of ,t Article 1X of the Building Zone Ordinance of the town of Southold. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; ' Jus,tices Tuthill and Clark. Moved by Councilman Demarest; seconded by Justice Clark: WHEREAS, a petition was received from IRVING LATHAM, relative to change of zone, 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 SWction .901 Subdivision C of Article 1X of the Building Zone Ordinance of 'the town of Southold. 'Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices. Tuthill and Clark. Moved by Councilman Albertson; seconded by Justice Tuthill: RESOLVED:. That the proposed zoning ordinance amendments of the Town of Southold .be transmitted to the Planning Board in accordance with Section 901, Subdivision C of Article 1X of the -Building Zone Ordinance of"the Town of Southold. Vote of Town Board: Ayes-Supervisor Klipp Councilmen Albertson and Demarest; Justices Tuthill and Clark. The Public Hearing upon the, question of the enactment of the Southold Town Ordinance regulating .the mooring of boats and the placing of obstruction in and on Town Waters and . public lands , and upon the petition of Fra-nk B. Rogers and Midgley and Horton for a change of' zone from "A" Residential and AGricultural District to "B" Business District on certain real property situate at Peconic, N.Y. and Section 1012 of the Building Zone Ordinance, was held. Supervisor Klipp Opened the hearing at 2:00 o'clock P.,M. The minutes of this hearing were recorded by George Lederle. Moved by Councilman Albertson; seconded by Justice Clark: WHEREAS, a 'petition was heretofore filed with the Town Board Of- the Town of Southold by Frank B. Rogers , .Jr. and Midgley and Horton request- ing a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by .changing from "A" Res. & A.gric. District to "B" Business District the property described in said petition and 'hereas, said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the 12th day of August, 19.58, and due deliberation, having been had- thereon NOW, THEREFORE, BE IT RESOLVED:. That, the relief demanded .in said. .petition,, be and it hereby is granted. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and. Demarest; Justices Tuthill and Clark.. Moved by Councilman ,Albertson;:, seconded by Councilman Demarest: RESOLVED: For ameud° k t S'4''ction 1012'hof�the'.B tilding Zb1e Ordinance of the Town of Southold to read as follows:. SECTION 1012 - PENALTIES - For amy. and every violation of the provisions of this ordinance , the owner, general agent, or_ contractor ,of a building i. or premises , where such violations have been committed or' shall exist, d and'. the .general agent, architect, builder,,. contractor, or any other person r who knowingly commits , . takes part or assists in any such violation or, .who'. (M maintains' any building or premises in which any such violation shall exist, shall be guilty of an offinse. Each week's continued Violation shallcon- stitute a separate additional violation. Such fines or penalties shall be collected as .like fines are now collected by law. Vote of Town Board: Ayes-Supervisor. Klipp; ,Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Councilman Albertson; seconded by Justice. Clark:' . RESOLVED: That this meeting be recessed. at 6:00 P.M. and be reconvened at the American Legion Hall in Southold at 7:30 P.M. A Public hearing on the petition of EDNA A. BROWN for a change of zone from "A" Residential and Agricultural District to "'-B" Business District on certain real property situate at Peconic, and on petition of ANHANASIOS and HELEN SPINTHOURAKIS fora change .of zone from "A'" Residential and Agricultural District to "M" Multiple Resident District on certain real pro perty,..situate at- East Marion, and the. the petition of ANGELLO and GEORGET`1'E. PETRUCCI for a change of zone foom -"A" Residential and._ Agric.. District to. I'M" Multiple Resident..District on certain real property .at Nassau Farms, Peconic, N.Y. was held. This last petition wqs withdrawn. The -Supervisor opened -the, hearing a.t 7:30 P.M,, . The minutes of this hearing were recorded by. George. T.. Lederle. Moved by -Justice Tuthill seconded by Councilman Demarest: WHEREAS, •a ;petition was heretofore -filed with the Town 'Board of the, Town of. Southold- by' .ATHANASIOS and HELEN SPINTHOURAKIS requesting 'a change,_ m&difica.tion and amendment of the Building Zone. Ordinance including the- Building Zone. -Maps made a pant'; thereof by changing from "A!' Res. ' Agric. District to- "M" Multiple Res. District the property described in said petition, and WHEREAS , -.,said petition was duly referred to the Planning Board for. its investigation,. recommendation and report, and . its report having been filed with the Town Board, and thereafter, a public hearing in relation to said .peti'tion-having been duly .held by - the Town Board on the 12th day of .August, 1958'' and due. deliberation having been had thereon NOW, THEREFORE, BE IT-IESOLVED: The* the relief demanded in said petition be, and i't hereby is granted.' "Vote of Town .Board: Ayes-Supe' rvisor' Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved `.by.,.Cotnezlman:_A>1beTtson.; 'seconded by Justice Tuthill: WHEREAS, a petition was. heretofore filed with the Town Board of the. Tovm. of Southold by .'Planning Board & Board of-Appeals, .requesting .a change, modification and amendment of the Building , Ordinance =including the , Building gone maps made a part thereof by amending-ktiicle b, Section. 1012 and 1,vWHEREAS, said petition was duly referred to' the Planning Board for..its °i investigation, recommendation and report, and its report having been'.filed with the Town Boardi and thereafter, a public hearing in relation to said t petition having been duly.- held by the, Town Board on the 12th day of August, 1958, and. due deliberation having .been had thereon NOW, -THEREFORE, BE IT RESOLVED: That the relief demanded in said petition be,_ and -it 'hereby is granted.: , Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Adjournment was at 8:30 .P.M. Ralph" P. Booth Town Clerk AMENDMENT N'0.. 21 . r:: �� Notice is hereby given that after a public hearing held pursuant to the requirements of law, the Building Zone Ordinance (including the Build- ing Zone Maps) of the Town of Southold, Suffolk County, New York was duly amended. at a regular meeting of the Southold Town Board on August 129 1958, as follows: 1. By changing from "A" Residential and Agricultural District to "B" . Business District, the following described property:- A-LL that certain tract or parcel .of land situate, lying and being at Peconic .in the Town of Southold.,- County of Suffolk and State of New York and more particularly bounded and described .as follows:- Beginning at a point on the southerly line of Main Road at the north- westerly corner of land of Albert Richmond, being about - 95 feet westerly along said line from the westerly line of Bay Avenue; running along said land of Albert Richmond, South 33 degrees 20 minutes 30 seconds East `12I.32 feet; thence along land of William Midgley, Jr. , and along land of'-Midgley and Horton, South, 62 degrees 29 minutes 10 seconds West 150.0 feet; thence still along land of Midgley and Horton, North 33 degrees 29 minutes 30 seconds West 93.3 5 feet to said southerly line of Main Road; thence along said southerly line, North 51 degrees 47 minutes 10 seconds East 150.0 feet to the point of beginning. 2.. By changing from "A" Residential and Agricultural District to "B" Business District, the following described property:- ALL that certain tract or parcel of land situate, lying and being at Peconic in the .Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows:- BEGINNING at a cased post set on the southerly line of Main Road at the northeasterly corner of land of George Bailey and running along said southerly line of Main Road, North 55 degree-s 54 minutes 40 seconds East 157.20 feet to a pipe set at the northwesterly corner of land. conveyed to Frank Rogers , Jr. and wife; thence along said conveyed land two courses:- (1) South .,3 degrees 29 minutes 30 seconds East 93. 55 feet to a pipe';- thence (2) North 62 degrees 29 minutes 10 seconds East 51.72 feet to a concrete monument set at the northwesterly corner of land of William Midgley, Jr. ; Thence along said land of William Midgley, Jr. , South 10 degrees 33 minutes 10 seconds East 75. 80 feet to a concrete monument set at the northwesterly corner of land of Adelaide Sayre; thence along said land of Adelaide Sayre, South 7 degrees 08 minutes 40 seconds East 100.00 feet to a concrete monument set at the northwesterly corner of land of William Richmond; thence partly along said land of William Richmond and partly along- land of Isabel Ross' South 13 degrees 19 minutes 10 .seconds East 123.0 feet to a pipe set. at . the southwesterly corner of land of Isabel Ross; thence along land of Adam Dorski, Sr. south 87 degrees 34 minutes 30 seconds West 215.14 feet to a concrete monument set at the southwesterly corner of the premises herein described; thence along Sand of Walter Silleck, north 27 degrees 02 minutes 00 seconds West 98. 52 feet to a pipe set at the southwesterly corner of said land of George Bailey; thence along said land of George Bailey, two courses , as follows; (1) North 56 degrees 52 minutes AO seconds East 64. 53 feet to a pipe; thence (2) North 27 degrees 46 minutes 30 seconds West 164.44 feet to the point of beginning. Containing 1,r5157acres , by survey of Otto W. VanTuyl & Son, dated March 30,` 1954. (3) By amending Article X, Section 1012 of the Building Zone Ordinance of .the Town of Southold to read as follows:- SECTION 1012- .PENALTIES - For any and every violation of the provisions of this ordinance, the owner, general agent, or contractor of a build- ing or premises where such violations have been committed or -shall exist, and the general agent , architect, 'builder, contractor or any other _per`son .who knowingly commits, takes part or assists in any sucli violation or who maintains any building or premises in which any such violation . :' shall exist, shall be guilty of an offense. Each week's continued violation shall constitute a separate additional violation. Such fines or penalties shall be collected as like fines are n,)w collected by law. 4. By 'changing ,from "A" Residential and Agricultural District to_I'M" ' Multiple R sidence District the following described property:- ALL those tracts or parcels of land, situate, lying and being at East Marion, in. the Town of Southold, County of Suffolk, and'.State, of New York, bounded and described as follows:- Parcel 1 Northerly by the Main Road (Route. 2.5) ; easterly by .land of Downs , southerly partly by other land formerly of Charles T. Brooks and partly by land of Wayland C. Brown, formerly of Henry Gardiner; westerly by land of Reginald. Peterson, formerly of William Munch. Parcel 11 Beginning at a point on the south line of the land formerly .- of Charles T. Brooks, which point is the northeast corner of land of Wayland C. Brown, formerly of Henry Gardiner and the no:rthwest' c.orner of the land hereby described; running thence north 54 degrees 25 minutes east 133 feet to -land of Ceasar Tedeschi; running thence along land of Ceasar Tedeschi south c30 degrees 15 minutes east 149 feet more. or_ less; thence south 54 degrees 25 minutes west 134 feet more or less to land of, Wayland C. Brown, formerly of Henry Gardiner; thence along land last mentioned north 30 degrees west 149 feet more or less to the point of place of beginning. Dated: August 13 , 1958. By order of the Southold Town Board Ralph P. Looth , Town Clerk 1.