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HomeMy WebLinkAboutTB-05/26/1959 167 MEETING. OF MAY 26-P 1959. The Southold Town Board met at the offiee of Supervisor Norman E. Klipp at Greenport, on Tuesday, May 26, 1959. The meeting was called to order at 1:30 P.M. with the following present: Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark; Supt. of Highways Price; Town Attorney Tasker and Town Clerk Booth. Moved by Justice Clark; seconded by Councilman Demarest; RESOLVED: That the minutes of the meeting of May 5, 1959, and May 18, 1959 be and hereby are duly approved as read. Vote of Town Board: Ayes-Suprvisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark., -� Moved by Councilman Albertson; seconded by Justice Clark: RESOLVED: That the Town Clerk be and he hereby -is directed to write a letter of condolence to ANDREW J. CRITTEN, ESQ. on the loss of his esteemed wife. Vote of Town Board: Ayes9 Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Justice Tuthill; seconded by Justice Clark: WHEREAS, a petition was received from residents adjoining Jockey Creek requestingadditional dredging in that area, NOW, THEREFORE, BE IT RESOLVED: That Supervisor Norman E. Klipp be and he hereby is directed to notify these resident that additional dredging in that area cannot be done at this time. Vote of the Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Dematest; Justices Tuthill and Clark. Moved by Justice Clark; seconded by Justice Tuthill: RESOLVED: That JOHN WICKHAM be and he hereby is reappointed a member of the Southold Town Planning Board to serve until April 39, 1963. Vote of Town Board: ,-Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Councilman Albertson; seconded by Councilman Demarest: WHEREAS, a petition was received from property owners and taxpayers of East Marion, recommending that a Town Ordinance be a dopted . requiring that all excavations such as sand and gravel works which are a menace to life and limb be protectively fenced by owners and operators, NOW-, THEREFORE, BE IT RESOLVED: That the Town Attorney be and he hereby is directed to prepare a proposed ordinance on the aforesaid matter. Vote of Town Bard: 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 ROBERT H. PRESTON and LaGRANT CHAPMAN relative to change of zone, NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk of the Town of Southold be and he hereby is direct3d to transmit this applic- ation 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 Clark: WHEREAS, ' JOHN J. KLEIN applied to the Town Board for an automobile trailer permit to locate a trailer, on Y}' is property at Mattituck, the Town Board finds that the lot is too small an area to locate a trailer on, NOW, THEREFORE BE IT RESOLVED:That the application of JOHN J. KLEIN for an Automobilentrailer permit be a d hereby is denied. Vote of Torun Board:-Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Justice Clark; seconded by Coun ilmen Albertson: RESOLVED: That the regular monthly audit meeting of the Town Board will be held at. the- offQce of Supervisor.. Klipp at Greenport, on Tuesday, June 16, 1959., ,at 1:30 P.M. Vote of Town Board? Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill. and Clark. Moved by Justice Tuthill; seconded by Justice Clark: WHEREAS, .in accordance with a letter .received dated- May 18, 1959, a request was made for the pir rchase of shirts, pants and raincoats for the Auxiliary Police , NOW, THEREFORE, BE IT RESOLVED: That Supervisor. Norman E. Klipp be and he hereby is authorized, to purchase shirts, pants and rain- coats for use of the Auxiliary Police of the Town of8outhold. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest;- Justices' Tuthill and Clark. EDGAR HILLS, ESQ. and WILLIAM WICKHAM, ESQ. appeared before the. Board representing residents of. DEEP HOLE DRIVE, MATTITUCK, relative to the automobile trailer permit issued to James and Alice DeVires. Lawyer Hills stated that they should not have applied. for a trailer permit as it stated in their deed that ,,they are restricted to one detached frame dwelling and the usual accessory building. The Supervisor stated they would give the matter further consideration. The public hearing on the petition of JOHN and ALEXANDRA DROSSOS and GENEVIEVE NAUGLES for a change of zone from "A" Residential and Agricultural District to "B Business District was opened by . the Supervisor at 2: 00 o' clock. F.M. The minutes of this-hearing were recorded by George T. Lederle. Moved by Councilman Albertson; ; seconded by Justice Tuthill: WHEREAS, a petition was heretofore filed with the Town Board of; the Town of -Southold by GENEVIEVE NAUGLES requesting a change, modification and amendment of .the Building Zone Ordinance including . the Building Zone Maps made a thereof by changing from , . "A" Residential and Agricultural District to "B" Business 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 petition having been duly held by the Town Board on the 26th day of. May_,. 1959, 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 Justice Clark; seconded by Councilman Demarest: WHEREAS, a petition was heretofore filed with the Town Board of the Town .of Southold by JOHN and ALEXANDRA DROSSOS requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by changing from "A" Residential and Agricultural District to "B" Business District the property described in said petition, and 169 WHEREAS, sAid petition was duly referred to the Planning Board for its investigation, r commendation and report, and its report having. been filed with the Town Board, and thereafter, a public hearing in relation to sa d petition having been duly held by the Town Board on the 26th day of May, 1959, 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 Justice Tuthill: WHEREAS, EDWARD. NIDDS has made application. to the Town Bca rd for the establishment of an OPEN DEVELOPMENT ARE& pursuant to the provisions .of Section 280-A of the Town Law, and WHEREAS, the Town Board has heretofore referred the matter to the Planning Board for its advice and recommendation, and , WHEREAS, the Planning Board has recommended that the application of EDWARD NIDDS be granted, / NOW, THEREFORE, BE IT RESOLVED: that the Town Board of the Town, of Southold does hereby establish an OPEN DEVELOPMENT AREA over the property of EDWARD NIDDS as shown forth on the map attached to the application. Vote of Town. Board:Ayes-supervisor Klipp; , Councilmen Albertson and Demarest; Justices Tuthill and Clark. . Moved by Councilman Albertson; seconded, by Justice Tuthill: WHEREAS, the Commistioners of the Fishers Island Ferry District i have requested .the Southold, Town Board to approve of a contract between the District and the Interstate Navigation Company for the bareboat charter of the M. V. "Quonset" for a period from May. 25, 1959 to May. 29, 1959, with the privilege of extending such time not. to exceed June 18, 1959, at a lump sum minimum=: a payment of $400.00 to cover the first two days and $175 .00 per day for each. additional day or part thereof, now therefore be it RESOLVED: that Norman E. Klipp, Supervisor, be and he hereby is authorized to execute the above-mentioned contract in behalf 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 Councilman Demarest: WHEREAS, the Town Board of the Town of Southold by resolution duly adopted on the 7th day of April, 1959, did, agree to leaser to the United States Department of Navy, certain property located in the Fort H. G. Waight area of Fishers Island, said property being described in said resolution,' -and WHEREAS, the property proposed to be leased was not properly . described in said resolution, and 'it 'is now desired to amend said resolution to properly describe the property to be leased NOW, THEREFORE, BE IT RESOLVED: That the Town Board of the Town of Southold hereby leases to the United States Department of Navy the following described property: ALL that tract of land on Fishers Island, `;Town of- Southold, County pf Suffolk and State of New York, known as Battery 215, more particularly bounded and described as follows: Beginning at an iron pipe marker which is N 610 21' W a distance of 199.7 ' from the Coast and Geodetic marker "Battery 215, 1943", located in the Southwest corner of Fishers Island,. New York, thence N 760351E, a distance of 273 .3 ' to an iron pipe marker, which is 4.6' northeasterly from a manhole; thence S 130251E, a distance 10 of 2871 , more or less, to the mean low water line of the South shore of Fishers Island; thence meandering along saidsshore line in a southwesterly direction a distance of 282,' , more or less; thence N 130251W, a distance 'of 361.'5 ' , more. or less,- to the point' of beginning; all bearings being true and the parcel containing a calculated area of 2.035 acres, 'said parcel being bounded on the North, East and West by` land now or formerly owned by the U.'' S. Government and bounded on the South by the waters of 'Block Island Sound. Together with that certain strip of land, subject to the afore- mentioned easement, the center line of which is described as follows: Beginning at an iron pipe marker,,- which is on the North property line of Battery 215 and is N 76035'E and a 'distance of 146.4' from the northwest corner of Battery. 215"" thence N 10057' W, a distance' of 523 .1' to an iron pipe marker, which is 10.0" West of the South- west corner of the NW-SE. atr strip; thence N 11002' E, a distance of 160.5 ' to an iron pipe marker; thence N 63018' E, a distance of 50.0' to- 'an iron pipe marker; thence N.'88030' E, a distance of 755 .4' to an iron pipe marker, which is southwesterly 58.5 ' from' an electric manhole; thence N 59007' E, a distance of 374.9' to an iron pipe marker; thence N 49°44' E, a distance of 223 .2'"_ ­ . to an iron pipe marker; thence N 870 50.1 E, a distance of 608.2' to an iron pipe marker, which, is 26.4' Southerly from a concrete platform! thence N 610 54' E,'. a distance of 336.7' to an iron pipe marker, which is 151.0' from the southeast corner of Build- ing 21, which is on the East side of Schmidt Drive; thence N 890 42' E, a distance of 1304.1'" to an iron pipe marker, which is East of Parkhurst Road and North of the culvert running under the road; thence N 770 08' E, a distance of .826.7' to an iron pipe marker; thence N 760 02' E, a distance' of 229.3 ' to 'an iron pipe marker; thence N 600 O1' E, a distance of 116.3 to an iron pipe marker; thence S 89004' E, a dist;ance of 157.6' to an iron pipe marker thence N 420 53 ' E, a distance 3, of 220. ' to ' an iron pipe marker'; which is on .the North side of South Beach Pond; thenne S 890 7' E; a distance of 4151 , more or less, ' to a turning point which is, on - the East side of South Beach Pond; thence N" 750 53 ' E, a distance of 2831 , -m6re or less, to a turning point; thence S 660 47 ' E; a distance of 134.5 ' to a turning point; thence S 820 57 ' E, ' a distance of 111.'6' to a turning point; thence S 390 451� ..E, a dis tance of 141.1' to a. turning point; thence 'N 880 11' E, a distance of 12 .7 ' to the intersection of the westerly boundary line of lands owned .by the Hay Harbor Club; thence continuing along said line a distance' of 194.1' to a turning point; ;thence N 800' 26' E, a distance of 300.1' to a turning point; thence N 730 11' . E, and a calculated distance of 266.8' to the U."S. Government property line, at a point which is S V 56' E and 'a . distance of 27.7 ' from a mere stone on the property -line;, said line being the center of a permanent easement extending 10 feet on either side of the line for a total width of 20 feet. Together with the rights of ingres's and egress. to' said 'properties, over existing roads or other means and the right to install, maintain, operate, repair, replace or remove a cable in said right-of-way described in the pred.eding paragraph.. BE IT FURTHER RESOLVED, that the term of. said lease shall be fore a complete term of 99 years., and that the United States Department of Navy pay to the Town ofSouthold .a total rent of $1.00 for sai d term, and BE IT FURTHER RESOLVED, that the Southold Town Supervisor be and he hereby .is authorized and directed to execute any and all leases and other documents required to effect such purpose. Vote of Town Board:Ayes-Supervisor Klipp; Councilmen Albertson and Demarest; Justices Tuthill and Clark. AMENDMENT NO. 28 NOTICE IS HEREBY GIVEN that after a public hearing held pursuant to the requirements df law, the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York 13as duly amended at a regular meeting of the Southold Town Board on May 26, 1959 as follows: 1. By changing from "A" Residential and Agricultural District to "B" Business District the following described property: ALL that eer.tain tract or parcel of land situate near Greenport, in the Town of Southold, County of Suffolk, and State of New York, and more particularly described and bounded as follows: Beginning at the intersection of the northwesterly line of Main South Road with the southwesterly line of Chapel' Lane and running thence southwesterly along the northwesterly line of Main South Road about 3600 feet to land of L.I.R.R. Company; thence, southwesterly along land of L.I.R.R. Company about 350 feet to a point 250 feet northwesterly from the northwesterly line of Main South Road, measured at right angles thereto; thence northeasterly parallel to the north- westerly line of Main South Road about 3900 feet to south- westerly line of Chapel Lane; thence southeasterly along the southwesterly line of Chapel Lane 250 feet more or less 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 near Mattituck, in the Town of Southold, County of Suffolk, and State of New York, _ and more particularly described as follows: Beginning at a point on the- northerly line of Naugles Drive 1638 feet, more or less, easterly along said _northerly line from Luthers Road, said point of beginning being. the southeasterly corner of land of DeWulf; from said point of beginning running northerly along said land of DeWulf 431 feet, more or less to the southerly line of a 30 foot right of way; thence easterly along said southerly line, of said 30 df said 30 foot right of way 60 feet, more or less, thence northerly across said 30 foot right of way and along land of Cavaliere and Pardo, 310 feet more or less to Mattituck Inlet; thence southeasterly along said Mattituck Inlet, 650 feet more or less to land of Chambers; thence southwesterly along said land of Chambers, 360 feet, more or less, to said northerly line of Naugles Drive; thence westerly along . said northerly line of Naugles' Drive 107 feet, more or less, to the point of beginning, contain- ing 4 acres, more or less. Dated: May 27, 1959, By Order of the Southold Town Board Ralph P. Booth, Town Clerk Adjournment of Meeting at 5:30 P?M. Ralph P. Booth Town Clerk