HomeMy WebLinkAboutTB-07/05/1972 ..202
,'SOUTHOLD TOWN BOARD MINUTES
Meeting of July 5 , 1972 .
A Special Meeting of the Southold Town Board was.- called by .
Supervisor Albert M. Martocchia- at his office, 16 South Street,
Greenport, New York, at 10 :00 A.M. , Wednesday-, July 5, 1972 ; and
the following waiver was sign6d:
WAIVER OF NOTICE OF TOWN BOARD MEETING
WE, the undersigned, being members of the Town .Board of the Town
of Southold, Suffolk County, New Yor]�., do hereby severally waive
notice of time, place and purpose of the meeting of the Town
Board to be held at 16 South Street, Greenport, New York, in the
Town of Southold, on Wednesday, July 5, 1972 , and do hereby consent
that the same be held on said date for the transaction of any
business which may properly come before said meeting.
Dated: July 5, 1972.
Southold, New York /s/ Albert M. Martocchia, Supervisor
/s/ Louis M. Demarest, Justice
/s/ James F. Homan, Councilman
/s/ Martin Suter, Justice
/s/ James H. Rich, Jr. , Councilman
/s/ E. Perry Edwards, Justice
Present at the special meeting : 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, and Town Clerk Albert W. Richmond.
RESOLUTION AND DETERMINATION
In the Matter of
Petition of East End Associates for Annexation
of Territory to the Village of Greenport.
The following resolution was offered by Justice Demarest, seconded
by Justice Suter,
WHEREAS, EAst End Associates has heretofore presented a petition
to this board rgquesting that the territory described in said
petition be annexed to the Village of Greenport, and
WHEREAS, a public hearing with respect to said petition was duly
held jointly with the Board of Trustees of the Village of Greenport
on the llth day of April, 1972, to hear any testimony and receive
dvidence and information which may be presented concerning the said
petition and the question of whether the proposed annexation is or is
not in the over-all public interest,
NOW, THEREFORE, this board does hereby make the following findings
with respect to compliance of the said petition with the provisions
of Article 17 of the General Municipal Law and with respect to the
effect of such proposed annexation on the over-all public interest,
to wit:
I. That the said petition substantially complies in form with
the provisions of Article 17 of the General Municipal Law.
II. That the proposes annexation is not in the over-all
public interest (1) of the territory proposed to be annexed or
(2) of the Village of Greenport to which the territory is proposed
to be annexed, or (3) of the remaining area of the Town of Southold
in which such territory ;is situated, or (4) of the Union Free
School District No. 10 or the -East-West Fire Protection District,
both of which districts are situated partly in the territory
proposed to be annexed for the following reasons, t6 wit:
(a) As indicated on the map annexed to said petition
the area of the territory sought to be annexed comprises 48. 7186
acres of vacant land. The land on the south and west of the
territory in question is within the incorporated Village of
Greenport and is uninhabited land utilized for park and watershed
purposes by the Village. The land to_ the east and north (across
Middle Road, County. Route 27) is. outside the incorporated limites
of the Tillage of Greenport and is used, occupied and zoned for one
family dwelling purposes. The. territory sought to be annexed and
the land lying to the north and: east thereof is within the "A"
Residential and. Agricultural District under the Town of Southold
Building Zone Ordinance which provides for minimum size lots of
40, 000 square feet, if both public water and public sewer are not
provided and 20, 000 square feet if public sewer and public wateris
provided. Public water is. available to the territory in question
but public sewers are not. The zoning ordinance of the Village
of Greenport adopted in October, 1971 provides that areas annexed
to the Village shall be in the R-l. zoning district which requires
a minimum lot size of 10, 000 square feet with regard to whether
public sewer or water .,is provided. Therefore if the territory in
question were annexed . to the Village of Greenport, the zoning require-
ments of the Village of Greenport would permit four times the number
of dwellings to. be built than is allowed by the Town ' s zoning ordinance.
The Southold Town Planning Board has recommended that the proposed
annexation be denied since the development of the territory with
four times the number. of dwellings permitted by the Town zoning
ordinance would seriously endanger the limited fresh water- resources
of the Town and would conflict with. the master plans of both the
Town of Southold and Suffolk: County. The Superintendent of
Utilities of the Village at the hearing on this matter conceded
that the supply of water in . the Town. is limited..
(b) The petitioner 's attorney indicated at the hearing
on this matter that the primary reason for: requesting annexation
was- to avail themselves.. of- the public , sewer, system of the Village
of Greenport. The Village sewer system is-.a primary treatment
system with a maximum capacity of 500, 000 gallons per day. .. The-
partially treated effluent is discharged into the waters of Long
Island Sound. within the 'down of Southold. At- the hearing, the
Village Superintendent of Utilities. stated..that such system is
presently in violation of law. The Village of Greenport is
presently engaged in litigation with respect to i.ts, sewer system
(Semahs Properties, Inc. v. Board of Trustees of the- Village of
Greenport, ,Suffolk County, Index 71-13687) . Exhibits and affidavits
submitted by the Village in the proceeding indicate that the Village ' s
sewer system is presently operating at 85% of its capacity (425 , 000
gallons: .per day) ; ..that the, projected anticipated increase in the
load within the present limits of the Village would bring the daily
volume of the plant up to 535, 000 gallons per day. This Board
believes that -the proposed annexation would possibly result in
the discharge of additional amounts of inadequately treatdd sewage
into the waters of Long Island Sound and thereby endanger the
health of the inhabitants of the Town of Southold. This board
further believes that if the territory in question were not annexed
to the Tillage that if petitioner were go develop the property
within lots of 20, 00Q square feet in size, that the developer, at
his own expense, would have to construct a communal sewer system
in conformancenwith present health standards, and therefore eliminate
any threat of pollution of the waters surrounding the Town of
Southold.
(c) This board is mindful of the fact that the Village
of Greenport is desirous of increasing its tax base. The territory
in question- is presently assessed on the Town tax rolls at $14, 000,
and if annexed would increase the Village tax base by less than one-
half of one percent. This board is of the opinion that the
detriment to the Town would far outtieigh- any benefit that the
Village would achieve by such a miniscule increase in its tax base.
For the reasons hereinbefore set forth, this board does hereby
DETERMINE that it is not in the over-all public interest to approve
such proposed annexation of the territory set forth in the petition
of East End Associates.
The foregoing resolution was duly put to a vote wh±dh resulted
as follows : Supervisor Martocchia voting yes, Councilman Rich
. ,^,4
voting yes, Councilman Hoinan' voting yes, Justice Demarest voting
yes, Justice- Suter voting yes. -
The resolution was declared unanimously adopted.
ORDER In the Matter of ' the Petition of- East End Associates- for
Annexation of Territory' to the Village of Greenport..
There having been- presented 'to- this town board a petition of
East End Associates regi'iesting that -the territory described in said
petition be- annexed to the Village of Greenport; and a public hear-
ing with respect- to ' said petition having been duly held jointly
with the Board of Trustees of the Village of :Greenport on the llth
day of April, 1972 to hear any testimony and receive evidence and
information with may be presented concerning the said petition and
the question of whether the proposed annexation is or is not in the
over-all public interest; and this town board having, by a resolution
duly adopted on the 5th day of July', 1972 duly determined that it
was not in the over-all public interest to consent to the annexation
of the territory described in said petition; Now, on motion of
Councilman Rich, seconded by Councilman Homan it- is
ORDERED that this town board does hereby determine that it is not
in the- over-all publi-c interest to approve the proposed annexation
of the territory described in the said petition of East End
Associated and does hereby disapprove such proposed annexation
and does not consent to the same; - and it is further
ORDERED, that the town clerk shall -cause a certified copy of this
order; together with copies of the- petition, the notice, the
written objections, if any, and� testimony' and- minutes of proceedings
taken 'and kept on the hearing, in the office of the clerk of the
Village of. Greenport, and' it is further
ORDERED, that' the town clerk shall cause a certified copy of this
order to be- filed in the office of the County Clerk of the' County
of Suffolk.
Is/ Albert M. Martocchia, Supervisor, Martin Suter, Town Justice,
Louis M. Demarest, Town Justice,- - James Homan, Councilman, and
James H. Rich, Jr. ,. Councilman.
Matting adjourned at 11 :45 A.M.
Albert W. Richmond, Town Clerk