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HomeMy WebLinkAboutTB-03/07/1972_ c SOUTHOLD TOWN. BOARD MINUTES Meeting of March 7 , 1972 The Southold- Town Board', met at the office of: Supervisor Albert M. Martocchia, 16 South Street, Greenport, New York, at 3 :00 P.M. ; Tuesday, March 7 , . 1972 with the following present: Supervisor Albert M. Martocchia, Councilman. James H. Rich, Jr. , Councilman James F.. Homan, Justice Martin. Suter, Justice Louis M. Demarest, Town Attorney Robert W. Tasker, Superintendent of Highways Raymond C. Dean, and Town Clerk Albert W. Richmond. Absent: Justice Ew Perry .Edwards .. _ Moved. by Justice Suter., , seconded. by Justice Demarest., it was RESOLVED, that the minutes of February 22, 1972 be and they . hereby are approved. Vote of the Town Board: Ayes.: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Rich, seconded by Justice Demarest, it was RESOLVED, that the nextiMeeting of the Town Board will be held at the office of Supervisor Albert M. Martocchia, 16 South Street, Greenport, New York, on Fr1day?ryMarch 10, 1972 at 12: 00 Noon. Vote of the Town Board: l Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, ' Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Councilman Rich, it was RESOLVED, that the next', meeting of the Town Board will be held at .the Supervisor ' s Office, 16 South Street, Greenport, New York, on Tuesday, March 28, 1972, at 3 :00 P.M. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan•, � Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Justice Demarest, it was RESOLVED, that the reports of the Supervisor, Highway Superintendent, Fishers Island Ferry District, Police Chief, Building Inspector, Justice Suter and Town Clerk for the month of February 1972 be accepted by the Town Board and placed on file. Vote of the Town Board: , Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, , Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Councilman Rich, it was RESOLVED, that the Town' Board recommends the appointment of William Sterling, Cutchogue, New York, as representative from the Town of Southold to the, Fire -Island Wetlands Sea Shore .Advisory Committee for a two year term: Vote of the Town Board:' Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, , Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Justice Demarest, it was RESOLVED, that this Board appoint the following comhiittee to the Citizens for Town Hall Building Stttdy: Mr. William B. Smith, Southold, N.Y. -chairman Mr. William Krause', Mattituck, N.Y. Mr. Walter Dohm, Mattituck, N.Y. Mr. Allan Dickerson, Mattituck, N.Y. Mr. Samuel A. Manarel, Cutchogue, N.Y. Mr. Stanley Waimey,, New Suffolk, N.Y. Mr. Walter Fried, Cutchogue, N.Y. Mr. Howard C. Valentine, Southold, N.Y. Mr. Joseph Reimer ,, Greenport, N.Y. Mr. Herbert Rosenberg, Southold, N.Y. Mrs. Fred E. Hulse, Sr. , Greenport, N.Y. '157 1 Mr. Floyd F. King; Orient, N.Y. 'Mr. John B. Tuthill, Orient, N.Y. Mr. Frank Pospisil, Southold, N.Y. ; Mr. William Lawrence, Cutchogue, N.Y. Mrs. Frank Csjako, Greenport, N.Y. Mrs. Kenneth Tiedke, Southold, N.Y. Mr. Whitney Booth, Southold, N.Y. Mr. Stuart Dorman, Orient, N.Y. Mr. Abbott Muir, East Marion, N.Y. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Nancy Graham read the following report to the Town Board. This report was also endorsed by Mr. Walter Fried: . "Having reviewed the recommendations of the Suffolk County Countil an Environmental Quality with regard to the Gypsy Moth problem, as well as other .literature on. the Gypsy Moth, the Eastern Long Island Group of the Sierra Club recommends that the Town of Southold urge the State Department of Environmental Conservation to abandon its proposed aerial spray programs, within the township and elsewhere on Long Island, and that the Town urge the County and State to investigate and promote alternate methods of Gypsy Moth .control. "The Environmental Quality Couneilts recent report makes the following observations about Gypsy Moth infestation: "l. The Gypsy Moth does not present a human or animal health problem, and it attacks no human food crop. "2. The Gypsy Moth does not" constitute a major threat to forests. Deciduous trees can be expected to survive three seasons of severe defoliation. Tree mortality is an ecological fact of life, and since it is to a great extent the sick and weak trees that will be weeded out, defoliation in uninhabited woodland is , not an environmental disaster. 3. In recreation areas, where control of the Gypsy Moth may be desirable for cosmetic reasons , alternate meth"ods of control may be judiciously used. "The Council also lists the following reasons for its opposition to aerial spraying "1. Spraying from the aireis not selective, . and makes_ the State 's policy of spraying only where permission has been granted a practical impossibility.' "2. Some sources indicate that Gypsy Moth populations may actually undergo more rapid re-infestation in sprayed than in unsprayed areas. ThePennsylvania Department of Environmental Resources states : " 'Large scale spraying operations may thus be self-defeating and result in continuous yearly programs without solution. ' "Additional reasons for not spraying. include. the. following: "l. Sevin is particularly toxic to bees . "2. , Applications of Sevin near estuar-ineeareas constitute a threat to oyster and clam development. "3. The spray program occurs during the nesting season of many Long Island birds. During this time young birds are capable of ingesting fatal quantites of this chemical. '(4.. The 1969 Mrak Commission on Pesticides states that Sevin has caused birth defects in test animals . The experiments were done on mice, and the white-footed mouse is one predator of the Gypsy Moth.' "5. Gypsy Moth predators include birds, shrews, beetles, small wasp-like egg parasites, and a virus , as well as white-footed mice. Repeated Sevin spraying delays the time -when these predators will be able to develop -an equalib.rium with the- Gypsy Moth population. "6. The State ' s restrictions on aerial spraying limit the program so that it does not benefit:.the. small-lot homeowner . "The Eastern Long Island Group u-rges also that the Town of Southold request that the fo-blowing recommendations of -the Environmental Quality Counc.inl- be impLemen.ted: : "1. The County should undertake abroad citizen education program in alternate methods- homeowners can use' to control moths on their property. "2. The County should, -call for stepped up research on the Gypsy Moth and its predators ,on. Long Island. — "Sources- - "Report to the County Executive on the Gypsy Moth Problem, Suffolk County Council on- Environmental Quality, January-21, 1972. "Gypsy Moth Control and Public Policy, Arthur P. Cooley. "New York State Tree Pest Leaflet F-10 (Gypsy Moth) . "Gypsy Moth Supression Program 1972 , New .York State Department of Environmental Conservation, November 24, 1971. " Moved by Councilman Homan, seconded by Councilman Rich, it was RESOLVED, that Supervisor Albert Martocchia be and he hereby is authorized to sign the necessary papers for AN ACT, Bill No. 6644-A Assembly bill to erect the county of Peconic from the territory now . comprised of the towns of East Hampton, . Riverhead, Shelter Island, Southampton, and Southold, in the county of Suffolk. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. At 3 :00 P.M. , February 28, 1972 in accordance with notice published according to law, bids were-, opened for. seven (7) new 1972 Special Police Cars, six. .(6=) marked and one (1) unmarked; trade in four (4) cars presently owned by the,- Town of Southold, less special equipment on said cars. . _ Three bids- were submitted: - - O'Keefe Chev.-Olds, Inc . -$25, 992 . 60 Garsten- Motors , Inca $25, 912 .00 Ford, Philip Andrews , - Vice. -Pres. ;�-25, 029. 00 Moved by Justice Demarest, . seconded by Justice Suter, WHEREAS, the Board reported that the lowest bid on the.. Police Cars was submitted by. Ford Motors, ' NOW, THEREFORE, BE IT RESOLVED, that Albert Martocchia , Supervisor, be and he hereby is directed to enter into a contract with Ford Motors for the purchase of seven (7) Police Cars as advertised in the bid, for use of Southold Town Police Department at a cost of $25, 029.00. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. . Moved by Justice Demarest, seconded by Councilman Homan', it was RESOLVED, that George Fisher, Building Inspector, be and he is hereby authorized to have printed 500 copies of road maps, sum not to exceed $325. 00, to be sold at $2-.00 per copy. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, 'seconded by Justice Demarest, WHEREAS, the Senior Citizens, Mattituck, New York, request use of two -(-2) buses for .transportation to Somerville, New Jersey,. NOW, THEREFORE, BE IT RESOLVED, that the Town of Southold furnish such transportation for the Senior- Citizens at a cost not to 'exceed $450.00. Vote of the. -Town- Board: * Ayes : Supervisor Martocchia, Councilman Rich, Councilman- Homan., .Jus.tice Suter, Justice Demares.t. Moved by -Councilman Homan, seconded by Councilman Rich, WHEREAS, Cutchogue Fire Department request permission to use Town roads in the village of Cutchogue for their Annual Parade and Drill, Saturday, July 22 , 1972 at 4 :00 P.M. , rain date Sunday, July 23, 1972 at 2 :00 P.M., NOW 59 NOW, THEREFORE, BE -IT RESOLVED; that -the Cutchogue' Fire Department be granted said request. '.- Vote of the Town' Board': Ayes : Supervisor `Martocchia , Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, -seconded by Justice Demarest, WHEREAS, Renee Lalane and Antonia Lalane by application dated December 6, 1971' made application for Ia wetlands permit for the purpose of placing approximately' -1, 000 yards of fill on premises known as Lot No. 44 on map of Mattituck tstates 'which' said premises are situate on the east side of Meadow Lane at Mattituck, and WHEREAS, the said application was referred to the Southold Town Board of Trustees and the Southold Town Conservation Advisory Council:�for their findings and recommendations , ' and WHEREAS, a public hearing was held' by `this board with respect to said application on the loth day of February, 1912 at which time all interested persons were given an opportunity to be 'heard, and WHEREAS, this Board has thereafter examined all statements and documents submitted with respect to such application and has also visited the premises in question and is therefore familiar with the premises and the effects uponthe same which would result by reason ot�granting' of said application, NOW, THEREFORE, IT IS - HEREBY RESOLVED AS FOLLOWS : Upon all of the evidence and information obtained by this board, the board finds that the premises in question consist of a lot which has a frontage of approximately 12B feet on the east side of Meadow Lane and a depth of - approximately 180 feet. On viewing the premises, the board finds that the premises are adjacent to a body of water which is a tributary of Deep Hole Creek which in turn flows into Peconic Bay` and the' waters'• adjacent to the- premises 'in question comprise a salt water body of water; that a substantial portion of the premises'in question are covered `by storm and'-`normal tidal waters; -that as' indicated--in the` letter ' of -the New- York State Department of Environmental'Conservation- submitted at 'the Bearing, the-premises have- growing thereonsalt- hay and cord grass and other beneficial vegetation which is vital -to the marine life of the area; that the proposed filling- as set'-forth in said applica- tion would completely- fill and cover the area- in question and therefore completely- destroy- said wetland and therefore- substantially adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildli-fe and vegetation and the natural h-abitat thereof, it is, therefore--further ' RESOLVED; that for' the- reasons h6reiribefore' set forth, ' the aforesaid application of Renee Lalane and Antonia Lalane is in all respects denied-. - Vote of the Town "Boards- '-Ayes '- Supervisor -Martocchia; Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved' by- Councilman Rich;-- seconded by- Councilman Homan, WHEREAS, Edward G. "- Abitz-by application dated December -17 , 1971, made application for a wetlands permit for the purpose of placing approximate1y '2, 000 yards of fill on premises known as- Lots 'Nos. 40 and 41 on map of Mattituck Estates which said premises are situate on the east side of Meadow Lane- at Mattituck, -and WHEREAS, the- said- application was referred to- the 'Southold-Town- Board of Trustees- and- the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a- public , hearing was 'held- by this-board with respect- to said application on the"10th day of February, • 1972 , at which- time all interested persons- were given an opportunity to be heard; - and WHEREAS; this board' has' thereafter- examined, all statements'- and- documents--submitted with ,respect to •said -application and has- also visited the premises in question and- is therefore `familiar with•• the premises' and'the- effects- upon `the- same which -would result by reason of the granting of said application, NOW.,., THEREFORE, . IT. IS HEREBY .RESOLVED AS,-FOLLOWS : Upon ;all: of• the evidence and information obtained by this board, the board finds that the premises_ .in. question consist. of two:,contiguous lots _which together have a ,frontage ,of approximately 214 feet-.on the _east side of Meadow Lane and a depth of approximately 200 feet. On viewing the premises the board 'finds that the premises are adjacent to a body of water: which. is a tributary of ,Deep Hole Creek which- in turn flows into Peconic Bay and the waters adjacent to the premises in question comprise a- salt .water. body of water; that a substantial portion of the premises in .question are -covered- by storm and normal tidal waters ; that as indicated in. the letter. of the New York .State Department- of Environmental Conservation submitted at the hearing, the premises have .growing .thereon. salt hay and cord. grass and other beneficial vegetation which is .vital to the, marine life-, of the area; that the proposed filling as set forth in said application would completely destroy said wetland and.. therefor.e substantially adversely affect fish.,,. shellfish or other beneficial marine organisms-, . aquatic wildlife and vegetation. and_ the, natural habitat thereof, it is., . therefore further RESOLVED, that for the. ,reasons hereinbefore set. forth, ..,the afore,.- said application of Edward G. Abitz is in all respects denied. _ Vote of the Town Board: Ayes;: Supervisor Martocchia.,.- .Councilman Rich, Councilman Homan, Justice Suter,,, Justice Demarest— , Moved by Justice Suter_, seconded. by Justice, �emarest,., WHEREAS, the Southold American Legion Auxiliary, Griswold-Terry- . Glover Post #803 , Southold, New: York, . 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 as 6equired 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 Legion Auxiliary, ,Griswold-Terry- Glover Post#$803 , Southold, New York. Vote of the Town Board: Ayes :, ... Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, . Justice .Demarest. Moved by Councilman Rich, seconded- by ,pouncilman Homan, WHEREAS, the Southold American Legion,...:Griswold-Terry-Glover .Post #803,. Southold,, New York, 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 findingsi and determinations as 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 #p803 , ,Southold, ;New York. Vote .of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice, Suter, Justice. Demarest. Moved by Justice Demarest, seconded b Councilman Rich,.. it. was. . RESOLVED, that the: Superintendent of .Highways of the Town. of Southold, be authorized- to advertise for bids and to purchase from the lowest responsible. bidder,,_ the :following: One (1) New 1972 Heavy duty 16 inch Wood/Chuck Chipper, _ or EQUAL. Vote of the Town Board: Ayes : Supervisor Martocchia , ,Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Homan, WHEREAS, a petition was received from George Ahlers , Cutchogue, New York, requesting a change of zone on certain' -property at Southold, said petition for a change from "A" Residential and 'Agricultural District and "C" Industrial' District to "M" Multiple Residence' District, NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk of the Town of Southold be acid he hereby is d"irected'to transmit 'this applica- tion to: the Planning Board in accordance with Article XVI, Section 1600 of the _Building Zone Ordinance of the Town' of Southold. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, ' Councilman Homan, Justice Suter; Justice Demarest. Moved by Justice Suter, seconded by Justice Demarest, it was RESOLVED, that Supervisor Albert M. Martocchia be and he hereby is authorized toypurchase office furniture for the Justice Building, sum -not to exceed $800. 00. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman' Homan, Justice Sute'r; � Justice Demarest. Moved by Justice Demarest, seconded by Councilman Rich, -it was RESOLVED; that the resolution passed this meeting authorizing George Fisher, Building Inspector, to have' printed 500 copies ' of road maps, sum not to exceed $325. 00 and to be sold for $2.'00 per copy be and hereby is rescinded. Vote of the 'Town Board: Ayes : Supervisor- Martocchia, Councilman Rich, Councilman Homan, Justice Demarest. No. : Justice Suter. Moved by-,Councilman Homan, seconded' by Justice Demarest, it was RESOLVED, that George Fisher, Building Inspector, be and he is hereby' authorized to have' printed 500 copies of road maps, sum not to exceed�$325. 00 j: and to be sold- at $2,: 50 per.- copy. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Demarest. -Noc Justi'c'e Suter. " Moved by'Justice;De mares t, seconded by, Councilman' Rich, it was RESOLVED, that the wetlands application received from Henry F. — Praus, :R.F:D.::#l; Kirby Lane; -Muttontown, New York,,'--be, forwarded. fo the Board -of Town Trusteesi and •the Conservation Advisory Council for their study and recommendations .[ - Vote of the Town Board:* Ayes • Supervisor 'Ma•r-tocc•hia, 'Councilman Rich, Councilman 'Homan; Justice Suter,• Justice Demarest. Moved by Justice Demarest, 'seconde'd b'y •Councilman Rich, it was ,, RESOLVED, that a recess be c'a'lled ,at- 4 :05, P.M: to reconvene at' '5 :30 P 'M. Vote- of 'the Town Board: Ayes :- .Supervisor Martocchia, Councilman Rich, Councilman Hocian, Justice S'uter,- Justice Demarest. Meeting reconvened at •5 :30 P.M. Moved by Justice Demarest, seconded by Councilman Rich, it was RESOLVED, that General bills in the amount of $18,"505. 50; Special District .bill-& in the -a-mount of $4, 618.85 ; Highway bills in the amount of $27 ,432 . 28; Fishers Island Ferry District -Y3i1'1•s. in! -the amount of ..$34, 639. 50; and Capital Account bills in the- amount of $5, 688.00-, 'be and the same are hereby ordered paid as corrected. Vote of the To An Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Just-ice- Dema-rest. On motion of Justice Suter, seconded by Councilman Rich, WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel-, in: -Richmond Creek,-"Town, -of Southold, and WHEREAS.; ,the' County 'of Suffolk- proposes-' to do- sa id,.7 dredging- at Richmond Creek, in the Town 'of Southold 'at• a "nominal cost to -the Town of Southold, and :.1,62 WHEREAS, in order to accomplish said dredging, . plans., specifications, agreements and other .documents must be, executed. -on behalf-.of: the, Town of Southold, now, therefore be it RESOLVED, that the Supervisor be and he hereby _is authorized .'to,. . execute, on behalf of_ the.. Town of Southold, .all...necessary. plans„and specifications,, spc6il area: agreements ,. .assurances., to the- County ,of Suffolk, license and/or_.dredging, permit .applications to, Federal.,,and State Agencies and all other documents, that, may be. .required; to accomplish said dredging.work. . Vote of the- Town Board: Ayes: Supervisor ,Martocchia-, : Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved_ by Justice Suter,,, seconded .by., Councilman Rich, WHEREAS, the Town of Southold has requested the .County of Suffolk to dredge a navigation channel in Wickham Creek, , Town of, Southold, and WHEREAS, the. County of Suffolk proposes to do said dredging of Wickham Creek, in the Town of Southold at a nominal cost to the Town of Southold, and WHEREAS, in order to accomplish- said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold, , now therefore be it , RESOLVED, that the Supervisor be and, he ,her.eby is authorized to, execute, -on behalf of the Town ,of Southold,,,- a�l, necessary plans and specifications, spoil area agreements, assurances to_ . the-County of Suffolk, license and/or dredging permit applications to Federal and.- State Agencies and all other,.d_ ocuments that_ may,lm_ required, to accomplish,_ said dredging.work,. Vote of the Town Board: Ayes : Su pernis:or .Martocchia, ,.Councilman Rich, Councilman Homan, Justice.. Sute.r, Justice Demarest. Moved by Justice Suter, s-econded- by Councilman. Rich, WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a -navigation ,.channel.,in;Corey. .Creek, Town .of Southold, and - WHEREAS,_ .the. County of Suffo.lk-propos.es.,,to do said„ dredging. of _. Corey Creek, .,in the -Town.,of Southold at a nominal cos.t,. to the Town of Southold, and , WHEREAS., , in order to accomplish said„ dredging, :plans, specifications, agreements and_,other documents.. must be . executed=on beha_lf. of„the Town of Southold, now therefore be it RESOLVED, that the Supervisor be and he hereby is authorized ,to execute, on behalf of the Town- of Southold, all necessary .plans. and specifications, spoil area agreements , assurances to the. County. of Suffolk, license and/or dredgin,g .permit applications to ,Federal and State Agencies and all other documents that may be required to accomplish said dredging work. Vote of the Town Board:, Ayes : Supervisor .Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by -Councilman Rich, seconded by. Jus.tice Demarest, WHEREAS, .the salary of Police Chief Carl Cata,ldo was not negotiated by the P.B..A-. , and WHEREAS, no.raise was given to Chief Cataldo -In January 1972 , it is RESOLVED, that a 5/ cost of living expense increase be added to his salary. . . . I , Vote of the Town Board:. Ayes : Councilman Rich, Councilman Homan, Justice Demarest. Noes : Supervisor Martocchia, Justice Suter. --Resolution declared Lost- Moved by Justice Suter, seconded by Councilman Rich, it was RESOLVED, that the Southold Town Board adjourn at 6 :30 P.M. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice, Suter, ,Justice Demarest. Albert W. Richmond, Town Clerk