HomeMy WebLinkAboutTB-09/29/1959 MEETING OF SEPTEMBER 29, 1959
The Southold Town Board met .at the office of Supervisor Norman
E. Klipp at Greenport, on Tuesday, September 29, 1959 . The meet-
ing was called to order at 1: 30 P.M. with the following preeent:
Supervisor Klipp; Councilmen Albertson and Demarest; Justices
Tuthill and Clark; Supt. of Highways Price; Town Attorney and
Town Clerk Booth.
Moved by Justice Clark; seconded by Justice Tuthill:
RESOLVED: That the reading of the minutes of the meeting of
September 8th be and hereby are duly approved as read.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthill and Clark.
The Town Clerk presented to the Town Board, pursuant to Section
I'll of the Town Law, detailed estimates of revenue and expenditures
from the various Town Officers, departments and distaicts for
the fiscal year beginning January 1, 1960.
Moved by Councilman Albertson; seconded by Justice Tuthill:
RESOLVED: That this Town Board meeting be and hereby recessed
at 2:30 P.M. and will reconvene at the Supervisor ' s Office on
Friday, October 2, 1959, at 1: 30 P.M.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthill and Clark.
The Town Board reconvened at the Supervisor ' s Office on Friday,
October 2, 1959 .at 1: 30 p.m.
Moved by Justice Clark; seconded by Justice Tuthill:
RESOLVED: That the regular monthly audit meeting of the Town
Board will be held at the office of Supervisor Norman E., Klipp
at Greenport, on Tuesday, October 6, 1959, at 1: 30 P.M.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthill and Clark.
Moved by Councilman Demarest; seconded by Justice Tuthill:
RESOLVED: That Bond No. SM178199-4, issudd by the American
Motorists Insurance Company on behalf of EDWARD S. BRUSH in
the sum of Five Hundred Dollars ($500.00) be and the same is
hereby approved as to its form, manner of execution and suff-
iciency of sureties therein.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthill and Clark.
A communication was received from the Rabbit Lane Association
East Marion, requesting a street light to be installed on pole
No. 20 in the East Marion Lighting District. .
Moved by Councilman Albertson; seconded by Justice Clark:
RESOLVED: That the Town ClerkRbe and he hereby is directed to
request the Long' Islarid Lighting Company to install one (1)
100 cp aerial street light in the East Marion Lighting District
said light t7g be placed on pole No. 20 at the intersection of
Bay Avenue and Rabbit Lane, East Marion, New York.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and. Demarest; Justices Tuthill and Clark..
Moved by Councilman Albertson; seconded by Justice Clark:
WHEREAS, an application was received from BROWN' S HILLS ESTATES
INC. for an Open Development Area under the provisions of Section
280A of the Town Law,
NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk of the Town
of Southold be and he hereby is directed to transmit this applic-
ation to the Planning Board in accordance with S ction 901, Sub.
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.
198
Moved by Councilman Albertson; seconded by Justice Clark:
.WHEREAS, an application was received from ARLIN DE GUIMARAES, 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 azd Clark.
Moved by Justice Tuthill; seconded by' Councilman Demarest:
WHEREAS, ROBERT and CAROL.; NARDO have applied to the Town Board for
a single automobile trailer permit,
NOW, THEREFORE, BE IT RESOLVED: That the application of Robert and
Carol Nardo to locate a single automobile trailer on their property
on Naugles Drive, N.Y. be and hereby is granted.
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 report of Howard M. Terry, Building Inspector,
for the month of September, be and is 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 Justice Clark:
WHEREAS, the application of HULMET HAAS for a building permit was
denied by the Board of Appeals on September 17, 1959,
NOW, THEREFORE, BE IT RESOLVED: That on the .request of the Board
of Appeals, Supervisor Norman E. Klipp is authorized and directed
to return to Mr. Haas the $5 .00 fee which accompanied tha application.
Vote of Town Board: Ayes-Supervisor. Klipp; Councilmen Albertson and
Demarest; Justices Tuthill and Clark.
Moved by Councilman Demarest; seconded by Justice Tuthill:'
WHEREAS, STEANSON BEACH INC. has filed an application and Release
dated and acknowledged the 28th day of September, 1959, for the
discontinuance of a portion of the Town Highway at Orient and
East Marion in the Town of Southold, Suffolk County, New York,
known as Old Main Road, said Highway to be discontinuad ,being more
particularly described on said application,
NOW, THEREFORE,BE IT .RESOLVED:. That consent be and the same hereby
is given that :the Town SjLperintendent of Highways of the Town .of
Southold make an order discontinuing as a Town Highway that portion
of the Town Highway known as the Old Main Road described in said
application.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthill and Clark.
Moved by Councilman Demarest; seconded by Councilman Albertson:
BEEREAS, Ste 1aensofi Beach, Inc. is the owner, of land at East Marion
containing a bathing beach on Long Island Sound, and
WHEREAS, said Stephenson Beach, Inc. has offered to lease to the
Town of Southold a portion of said beach consisting of approximately
2 .77 acres with a frontage of 500 feet on Long Island Sound for a
term of 10 years with an option to renew for an additional term
of 10 years, at an annyai rental of one ($L 00) Dollar plus the amount
of real property taxes assessed and levied against all of the real
property owned by said Corporation, said leased premises to be used
by the Town o f Southold for public bathing beach purposes for
residents .of the Town of Southold and their guests, and subject'
to the terms and conditions contained in a letter to the Town of
Southold from said Corporation, dated August 8, 1959.
NOW, THEREFORE, BE IT RESOLVED: That the. Town of Southold here-
by agrees to. lease from Stephenson Beach, Inc. the following
described real property, to wit:
ALL that certain tract, piece or parcel 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:
BEGINNING at a point on the northwesterly line of Main Road or
State Highway (Route 25) at the southeasterly corner of land now
or formerly of Rutledge M. Howard, and being the southwesterly „
corner of the premises herein described; running thence along
said land of Rutledge M. Howard north 38 degrees 10 minutes 40
seconds- West 382 feet, more or less, to ordinary high water,
mark of. Long Island. Sound; thence northeasterly along said high
water mark of Long Island Sound, 500 feet; thence along other
land of the Town of Southold on a line parallel to the northeast-
erly line of said land of Rutledge M. Howard, south 38 degrees,
10 minutes 40 seconds east 145 feet, more or less, to the north
westerly line of said Main Road; thence along said northwesterly
line of Main Rdad, southwesterly on a curve to the left having
a radius of 1381.45 feet, a distance along said curve of 464.97
feet; thence continuing along said line of Main Road, south
24 degrees 35 minutes 10 seconds west 61.37 feet to the point
or place of beginning.
Containing 2.77 acres, more or less.
For a term of 10 years from. September 15, 1959 at an annual rent
of one ($1.00) dollar plus thb amount of real property taxes
assessed and levied against the real propAy owned by. said
Corpotation consisting of approximately 46.59 acres of beach
and meadow land upon the following terms and conditions:
1. That the leased premises be used and occupied by the ,Town
of Southold for public bathing beach purposes for the residents
of the Town of Southold and their guests.
2. That the Town of Southold erect and maintain suitable fences
along the easterly ;and westerly boundaries of said leased
premises during the term of said lease.
3 . That the Town (6f Southold be given the option to renew s&id
lease for an additional term of ten (10) years.
4. That the Town of Southold be given an option to purchase
said leased premises at the same price and under the ' same terms
and donditions as offered by any Bona Bide purchaser during the
term of said lease.
5 . ' That the Town of Southold shall, during the term of said lease,
maintain public liability policies of insurance on said premises
for the benefit of Stephenson Beach, Inc. with limits of $100, 000-
$300, 000 bodily injury and $10, 000 property damage.
6 . That no building, structures or alterations shall be erected
and made upon said premises except a suitable automobile park-
ing area:
BE IT FURTHER RESOLVED: That the Supervisor of. the Town of
Southold be and he hereby is authorized and directed to execute
on behalf of the, Town of Southold a suitable lease in standard
form containing all of the foregoing terms and conditions.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and..Demarest; Justices Tuthill and Clark.
Moved by -Justice Clark; seconded by Justice Tuthill:
WHEREAS, the minutes of the Town Board meeting held on August 11,
1959 as set forth at page 185 of book Liber R of the minutes of
"the Southold Town Board erroneously states that the Southold
Town Planning Board has prepared an official report and recommen-
dation upon the petition of DANTE A.LORTI for a change of zone
from "A" Residential and agricultural District to "M" Multiple
Residence District, and
WHEREAS, in fact said action of the Planning Board was taken upon
0,0
a motion of' the Town Board for such change' of -zone and not upon
the petition of said Dante A. Lorti
NOW, THEREFORE, BE IT RESOLVED: That the' minutes. of the Town Board
meeting held on August 11, 1959 as set forth at page 185 of Book
Liber R of the minutes of the Southold Town Board be corrected to
read as follows:
Moved by Councilman Albertson; seconded by Councilman Demarest:
"WHEREAS, the Southold Town Planning Board' has prepared an official
report and recommendation upon the proposal of the .,Southold Town
Board upon its own motion for a change of zone from "A" Resident-
ial and Agricultural District .to "M" Multiple Residence District
on certain real property situate at New Suffolk and a petition
of John J. Fleming for a change of zone from "A" Residential and.
Agricultural District to "B" .Business District on. certain real
property situate at Mattituck,
NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held by
the Southold Town Board at the Supervisor 's Office in Greenport -
on Monday, August 31, 1959, at 7: 30 o' clock. P.M. on the above
mentioned proposals for changes of zone. " '
WHEREAS, the minutes of the Town Board meeting held on August 31,
1959, as set forth at page 189 of Book Liber R of the minutes of
the Southold Town Board erroneously stated that the public hearing
was held on the petition of John J. Fleming for a change of zone
from "A" Residential and Agricultural District to "B". Business
District and also a petition of Dante, A. Lorti for a change of-
zone from "A" R sidential and Agricultural District tO "M"
Multiple residence District was opened by the Supervisor at 7: 30
P.M. and
WHEREAS, the minutes of said meeting held on August 31,. 1959, state
that the. Town Board changed the zone of property described in a
petition of Dante A. Lorti when in fact said change of zone was '
made by the Town Board on its own motion,
NOW. . THEREFORE, BE IT RESOLVED: That the minutes of the Town ,
Board meeting held on August 31, 1959, as set forth at page 189
of booK Liber R of the minutes of the Southold Town Board be
corrected to read as follows:
The publics.hearing on the petition of John J. Fleming for a change
of zone from "A" Residential_ and Agricultural Dista(bct to "B" Business
District and the proposal of the Southold Town Board on its own
motion fora change of zone fcom "A" Residential and Agricultural
District, to "M" Multip3�e Residence District was opened by the
Supervisor at 7:30 P.M. The minutes of thi's hearing were recorded
by George T. Lederle.
Moved by Councilman Albertson; ' seconded by Councilman Demarest;.
WHEREAS, a petition was heretofore filed with the Town Board of
the Town of Southold by John J. Fleming requesting a change, modif-
ication and amendment of the Building Zone -Ordinance including the
building zone maps made a part thereof by: changtng from "A" Resident-
ial 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 hav-
ing been filed with the Town Board, and thereafter, a public hear-
ing in relation to said petition having been duly held by the Town
Board on the 31st day of August, 1959, and due deliberation having
been had thereon,
NOW, THEREFORE, BE IT RESOLVED: That the relief demanded in said _
petition of John J. Fleming be, and it is hereby granted.
Moved by Councilman Demarest, seconded by Justice Clark:
WHEREAS, the Town Board of the Town of Southold on its own motion
proposed a change, modification and amendment of the Building
Zone Ordinance including the building zone maps made a part y
thereof by changing from "A" Residential and Agricultural Dis-
trict to "M" Multiple Residence District the following described
Property: North-John Malinowski
East-Second Street
South-Main Street
West-Third Street
WHEREAS, SAID PROPOSAL 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 proposal having been duly held by>:::the
Town Board on the 31st day .of August, 1959, and due deliberation
having been had thereon
NOW, THEREFORE, BE IT RESOLVED, that the Building Zone Ordinance
including the building zone maps made a part thereof be amend-
ed by changing Irom "A" Residential and Agricultural District
to "M" Multiple Residence District the property hereinbefore .
described.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson
and Demarest; Justices Tuthill and Clark.
Adjournment was at 5 P.M.
Ralph P. Booth
Town Clerk