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HomeMy WebLinkAboutTB-09/13/1960 MEETING OF SEPTEMBER 13, 1960. 3 2 The Southold Town Board met at the office of Supervisor Henry H. Tuthill at. Greenport, on Tuesday, Sept. 13, 1960. The meeting was called to order at 1: 30 P.M. with' the following present: Supervisor Tuthill,;------ - Councilmen Albertson and Demarest; Justices Tuthill and Clark; Supt. of Highways Price; Town Attor=ney 'Tasker and -Town Clerk Richmond. Moved by. Councilman Albertson; seconded by Justice Clark: RESOLVED: That the minutes of the meeting of August 9, 1960 be and they hereby are duly approved as read. Vote of Town Board: Ayes-Supervisor Tuthill; Councilmen Albertson and Demarest;Justices Tuthill and Clark. Moved by Councilman Albertson; 'seconded by Justice Clark: RESOLVED: That the minutes of the . Fishers Island Meeting of August 23, 1960, be and they hereby are duly approved as read. Vote of Town Board: Ayes-Supervisor Tuthill; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Councilman Demarest; seconded by Justice Tuthill: RESOLVED: That the minutes .of the Special meeting of August 23, 1960, be and `they are duly approved as read. Vote of Town Board: Ayes-Supervisor Tuthill; Councilmen Albertson and Demarest; Justices Tuthill and Clark. The Town Board sat at once as a committee an -audit to examine claims against the Town. . Moved by Justice Clark; seconded by Councilman Albertson: RESOLVED: That the regular -monthly meeting of the Town Board will be held at. the office of the Supervisor, Henry H. Tuthill, 16 South Street, Greenport, N.Y, on Tuesday, October 4, 1960, at 1:30 P.M. Vote of Town Board: Ayes-Supervisor Tuthill; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Albertson Moved by .Councilman; seconded by Justice Tuthill: WHEREAS, Southold Town Planning Board has prepared an official report and recommendation upon the petition of Alexander Bloom for a change of zone from '"A" Residential and Agricultural District to "B" Business District on certain real property situated at Mattituck, N.Y. , George Alec for a change of zone from "A" Residential and AGricultural District to "C" 'Industrial District on certain real property situated in Cutch- ogue, N.Y. , Gilbert &Mary R. Miner & John H. & Lillian P. Kaelin, of Youngs Ave., Southold, N.Y. for a change of zone from "C" Industrial District to "A" Residential & Agricultural District their property on mest side of Youngs Avenue, Southold, (upon the Town Board' s own motion, a resolution was adopted to consider said change 6rom. "C" Industrial District to "A Residential and Agricultural District) and Malty and Marguerite Scholtz, of Laurel, N.Y. for a change of zone �. from "A" Residential and Agricultural District to "B" Business District onccertain real property situated at Laurel, N.Y. including Eastern TV Business and sand pit operation located northeasterly from the Main Road, NOW, 'THEREFORE, BE IT RESOLVED: That a public hearing will be held by the Southold Town Board at the Supervisor ' s Office at Greenport,. on Tuesday,. Oct.. 4, 1960, at' 7: 30 P.M. on the above mentioned petitions, including the zoning ofdinance, and that the Town Clerk be and he hereby is authorized and directed to cause a notice of said hearing to be published in the Long Island Traveler-Mattituck Watchman, pursuant to the requirements of law. Vote of Town Bca rd: Ayes-Supervisor Tuthill; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Councilman Albertson; seconded by Justice Tuthill: WHEREAS, a petition was received from William A. DAvis, corner of ,4th- Street and Main Street, New Suffolk, requesting a change of zone of.,, certain property, more fully described in said petition from ."A" Residential and Agricultural District to "M" Multiple Residence District, NOW, THEREFORE, BE IT RESOLVED:_, That the Town Clerk of the Town of Southold be and he is hereby directed to transmit this petition tb the Planning Board in accordance with Section 901, Subdivision C of Article IX of the Building Zone Ordinance of the Town of Southold. ' Vote of Town Board: Ayes-Supervisor Tuthill; Councilmen Albertson and Demarest; Jusit ces Tuthill .and. Clark. Mowed by Councilman Albertson; .seconded by Justice Tuthill: WHEREAS, a petition was received from the Mattituck Council #34 Jr . Order United American Mechanics requesting a change of zone of certain property situatedin Mattituck, N.Y.. more fully described in said petition, from ",A" Residential and Agridulttmal 'District 'to "B Business District, NOW, THEREFORE, BE IT RESOLVED:. That the Town , Clerk of the Town of Southoldbbe and he hereby is: directed to, transmit this petition to. , the Planning Board in accordance with Section 901, Subdivision C of Article IX of .the Building Zone Ordinance of the Town of Southold. Vote of Town Board: Ayes-Supervisor Tuthill; Councilmen Albertson and Demarest; Justices Tuthill andr:Clark. Moved by Councilman Albertson; seconded ,by ,Justice Tuthill: RESOLVED:. That the report of Howard M. Terry, Building Inspector, . for the month of August be accepted by, the Town Board and placed on ' file. Vote of Town Board: Ayes=Supervisor. Tuthill; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Councilman Albertson; seconded by Rustice Tuthill: RESOLVED: That the report of Ralph P. Cox Dog Warden, for the month of August be accepted by the Town Board and placed on file. Vote of Town Board: Ayes-Supervisor Tuthill; Councilmen Albertson . ._ _ and Demarest; Justices Tuthill and Clark._. Moved by Councilman Albertson;. seconded by Justice Clark: RESOLVED: That the Auxiliary Police Report for the month of August be accepted by the Town Board and placed on ,,file. Vote of Town .Board: Ayes-Supervisor Tuthill;, Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Councilman Albertson;, seconded by Justice Clark: RESOLVED: That the Police report for the month of August be accepted by the Town Board aiid placed ,on file. Vote of Town Board: Ayes-Supervisor Tuthill; Councilmen Albertson and Demarest; Justices Tuthill and-. Clark. Moved by Councilman Albertson; seconded by Justice Tuthill: RESOLVED: That Howard Terry, Building Inspector, be and hereby is authorized- to attend the New York State Association of Building Inspectors and be it further resolved; that ,the necessary .expenses incurred while attending said meeting be a. 16gal charge against .the- Town. Vote of Town Board: Ayes-Supervisor Tuthill; Councilmen Albertson and Demarest; ,Justices: Tuthill and Clark.. Moved by Councilman Demarest; seconded by- Justice Tuthill: RESOLVED: That the Supt. of .Highways of the Town of Southold be and he hereby is authorized to advertise for bids and purchase from the lowest bidder 10, 000 ft. of snow fence and 1000 steel posts. Vote of Town Board: Ayes-Supervisor Tuthill; Councilmen Albertson and Demarest; Justices Tuthill and Clark. ' _ _.. 327 Moved by Councilman Demarest; seconded by Justice Tuthill: RESOLVED: That the Supt. of Highways of the Town of Southold be and he hereby is authorized to advertise for bids and purchase from the -lowest bidder, 60 tons of Rock Salt. Vote of Town Board: Ayes-Supervisor Tuthill; Councilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Councilman Albertson; seconded by Justice Tuthill: RESOLVED: That the Supt.. of Highways of the Town of gouthold be and he .hereby is authorized to advertise for bids and purchase from the lowest bidder 2000 tons of 3/8" stone. Vote of Town Board: Ayes-Supervisor Tuthill;- Councilmen Albertson and Demarest; Justices Tuthill ,and Clark. Mr. Edwin King and Mr . House appeared before the Board. Mr House asked for a larger amount of money for the Historical Society in Orient. After much discussion the. Board advised him they- would con- sider the matter . Moved by Councilman Albertson; seconded by Justice Tuthill RESOLVED: :.,-.That the Supt. of Highways of the Town of Souft1d be and he hereby is authorized to purchase the necessary parts and equip- ment for push frame for Fishers Island Truck, the� sum not to exceed $400.00. Vote of Town Board::-,Ayes-Supervisor Tuthill; Councilmen Albertson and .,Demarest; Justices Tuthill and Clark.. Moved by Justice Clark; seconded by Councilman Albertson: RESOLVED: That Supt. of Highways lend the Village .of Greenpor,t one crane to be kept in order by the Village and be returned on demand. Vote of Town Board: Ayes-Supervisor Tuthill;, Councilman Albertson and Councilman Demarest; Justices Tuthill, and Clark. Moved by Councilman Albertson; seconded by Justice Tuthill: RESOLVED: That Otto L. Anrig, Police Chief 'of the Town of Southold, be and he hereby is authorized to advertise for bids and purchase from the lowest bidder 2 radios for .Police Department. Bids are to be opened at 2 P.M. at the Supervisor' s Office, 16 South St. , Greenport, on Oct. 4, 1960. Vote of Town Board: Ayes-Supervisor Tuthill;' Councilmen Albertson and Demarest; Ju3ti6es Tuthill and Clark. Moved by Councilman Albertson; seconded by Justice Clark: WHEREAS, Fred Young h*as applied to the .Town Board for. a single trailer permit dated Sept. 13, 1960, NOW, THEREFORE, BE IT RESOLVED: That the application of Fred Young -to locate a single trailer on his property at Arshamomaque, N.Y. 'be and hereby is granted ,for year round occupancy for a two-year period. Vote of Town Board: Ayes-Supr'visor Tuthill; Councilmen Albertson and' Deu arest; Justices tuthill and Clark. Moved by ,Councilman Albertson; seconded by Justice Demarest: RESOLVED: That General Bills in the amount of $3, 108.11; Lighting District Bills in the amount of $2, 743 .41; Fishers Island Ferry District Bills in the amount of $15, 035 .12 be and the same are hereby ordered paid. .Vote of Town Board: Ayes-Supervisor Tuthill; 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 has heretofore by resolution designated the Valley National Bank of Long Island (formerly the First National Bank 'of Greenport; New York) as- a depository for the deposit nd moneys of the Town of Southold and 328 further required that said bank deposit securities in the amount of $130, 000.00 with the Irving Trust Company of New York, as collateral security in lieu of a surety bond, and WHEREAS, the said Valley National Bank of Long Island did deposit United States Treasury Bonds in the amount of $130, 000.00 with the Irving Trust Company of New York pursuant to an agreement entered into between the Town of Southold and said banks, and WHEREAS, the said Valley National Bant of Long Island now desires to substitute in lieu of said bonds $100, 000.00 of United States Treasury Bonds and $60, 000.00 of United States Treasury Notes, NOW, THEREFORE, BE IT RESOLVED: that the Town Board noes hereby consent that the Valley National Bank of Long Islarid may deposit with the irving Trust Company of New York United States Treasury Bonds in the sum of $100,000.00 and the United States Treasury Notes in the sum of $60, 000.00 in lieu of the securities presently deposited with the said Irving Trust Company of New York and that the Supervisor of the Town of Southold be and he hereby is authorized and directed to enter into an agreement with said banks in order to effect such substitution. Vote of Town Board!' Ayes-Supervisor Tuthill; Councilmen Albertson and Demarest; Jutices Tuthill and Clark. Moved by Justice Clark;. seconded by Councilman Albertson: RESOLVED: That Supervisor Henry H. Tuthill be and he hereby is authorized to enter into a lease with Harrison M. Demarest, Sr. for a tract of vacant land situated and being at Orient, Town of Southold, New York, bounded as follows: N-by Narrow River Road E-by land now or formally of John Brown S-by Hallock' s Bay W- by land new or formally of the Estate of George E. Edwards for use as a town parking area and boat landing for a term commencing the first day of May, 1960 and ending April 30, 1961 for the sum of $25 .00 per year . Vote of Town Board: Ayes-Supervisor Tuthill; ouncilmen Albertson and Demarest; Justices Tuthill and Clark. Moved by Councilman Albertson; seconded by Councilman Demarest: WHEREAS, the Town Board has received numerous compaints concerning the speed of boats and skiiers and their nearness to bathers and docks in Southold Town, NOW, THEREFORE, BE IT RESOLVED: That::a public hearing be held by the Town Board of the Town of South old at the Supervisor ' s Office 16 South Steet, Greenport, N.Y. on the 4th day of October, 1960 at 2: 30 P.M. upon the question of the enactment of the following ordinance, to wit: AN ORDINANCE REGULATING THE USE OF BOATS WITHIN @HE TOWN OB SOUTHOLD SECTION 1 . Short Title This Ordinance shall be known as the "Boat Ordinance of the Town of Southold" . SECTION 2 . Areas Covered. The following rules and regulations shall apply to all waters within the Town of Southold and to all waters bounding the Town of Southold to a distance of 1,500 feet from the shore; provided that they shall not apply to waters within or bounding an incorporated village of the Town to a distance of 1, 500 feet from the shore. SECTION 3 . Definitions. The term' Boat' shall mean and include every vessel propelled in anp manner, - except vessels having having a valid marine document issued by the Federal Bureau of Customs or any foreign government. SECTION 4. Sanitation The dumping of oil; refuse, garbage, sewage or waste is prohibited except that toilets may be discharged in any areas not within 1, 000 feet of any shore line. SECTION 5 . Hazards to Navigation (a) Any boat which becomes a menace to navigation or unseaworthy or sinks, grounds, or otherwise becomes disabled or incapable of navigation shall be removed or restored to navigable condition, by the registered owner 820 upon notice from the Southold Town .Board or its designated agent which notice shall be either by personal service or registered mail addressed to the registered owner' s last known address as given by him or as stated in his certificate of registration... (b) If such boat is not removed or restored to navigable condition by the said owner within one week after the mailing,:)of said notice, the Southold Town Board or its designated agent may direct the removal or destruction of the boat, and the cost of said removal including storage charges shall attach to and shall become a lien upon said boat, and said boat may be sold upon direction of the Court at public auction to defray said expenses, any surplus being returned to the owner of The Town shall not be liable for any damage done to said boat during its removal, storage and sale. SECTION 6. Operation near Bathers No boat propelled other than by hand shall cruise or be operated within 1.00 feet of any life lines or .bathing float or if there be no life lines or bathing float, then within 100 feet of any public or semi- public beach regularly used for bathing or swimming, except that such boat may approach or depart perpendicularly to such beach at less than five miles per hour solely for the purpose of commencing or ending the ride. , SECTION 7 . Water Shiers (a) No person shall operate a boat for towing a person on water skis, a surfboard, or similar device unless there is in such boat or vessel a person other than the operator in a position to observe the progress of the person being towed.. (b):� No person shall ride on water skis, a surf-board, or similar: device or use or operate-a boat to tow a person thereon between the period from one hour after sunset to one hour before sunrise. (c) No. person shall ride on water skis, a surfboard, or similar device or use or operate a boat to tow a person thereon within 150 feet of any public or semi-public bathing beach or public dock or within 50 feet of any swimmer or bather. Nor shall any such person engaged in such activities come within 300 feet of the shore, line unless they approach or depart perpendicularly to the shore line and solely for the purpose of commencing or ending the ride. SECTION 8. Operation of Boats or Vessels (a) The Town Board of the Town of Southold may by resolution limit the speed of boats in any waters in which this Ordinance applies and shall cause noticed of such speed limit to be posted at appropriate places in the areas effected. Any person who shall operate a boat in such areas at a greater speed than the speed specified in such notice shall be deemed to have violated this Ordinance. (b) Every person operating a boat shall at all times operate the same in `a careful and prudent manner and at such a rate of speed as not to unreasonably interfere with the free and proper use of the waters or unreasonably endanger any person or property. SECTION 9. Mufflers No person shall operate a boat propelled wholly or partly by an engine operated by the explosion of gas, gasoline, naptha, or other substance without having the exhaust from the engine run through a muffling device so constructed and used as to muffle the noise of the exhaust in a reasonablemanner . SECTION 10. Aquatic Events Nothing herein contained shall prohibit the Town Board of The Town of Southold from issuing special permits for aquatic events, boat races, or otherwise under proper supervision in limited areas fuJ3 limited periods. SECTION 11. Penalties Any person who violates any provision of this Ordinance shall be guilty of .an off&nse, and upon conviction shall be subject to a fine of not more than $100.00 or imprisonment for not 'more than six months or ,by both such fine and imprisonment. SECTION 12. Repeal of Conflicting Ordinances All ordinances or parts of ordinances inconsistent or conflicting with the provisions of this Ordinance are hereby repealed insofar as the same affect this Ordinance, provided, however, that such repeal shall be only to the extent of such inconsistency and conflict, and in all other respects this Ordinance 'shall be in addition to other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 13 . Severability If any section or provision or part thereof of this ordinance shall be adjudged invalid such invalidity shall not affect the aalidity. of this ordinance as a whole or of any other section or provision thereof. SECTION 14. Effective Date This Ordinance shall take effect immediately. BY. ORDER OF THE SOUTHOLD TOWN BOARD. Albert W.., Richmond Town Clerk Dated: Sept. 13, 1960. Vote of Town Board: Ayes-Supervisor Tuthill; Councilmen Albertson and Demarest; Justices Tuthill and ' Clark. Mmved by Councilman Albertson; seconded by 'Councilman Demarest: WHEREAS, : the Southold American Legion .Griwwold-Terry-Glover Post #803 has applied to the Town' Clerk for a Bingo License, and WHEREAS, the Town Board has examined .'the application and after invest- igating the matter, duly,made .findings and determinations as .required by law, NOW, THEREFORE, BE IT RESOLVED: That the Supervisor be and he Rereby -, is authorized and directed to execute on behalf of the 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 Southold American Legion, Griswold-Terry-Glover Post #803-. Vote of Town Board: Ayes-Supervisor Tuthill; Councilmen Albertson , and Demarest; Justices Tuthill and Clark. Adjournment was at 4:40 P.M. Albert W. Richmond Town Clerk