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HomeMy WebLinkAboutTB-07/25/1972 213 SOUTHOLD TOWN BOARD MINUTES Meeting of July 25, 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, July 25 , 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 E. Perry Edwards. Moved by Justice Suter, seconded by Councilman Homan, it was RESOLVED that the minutes of July 11, 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 Homan, seconded by Justice Suter, it was RESOLVED that the next meeting of the Town Board of the Town of Southold will be held at the Supervisor ' s Office, 16 South Street, Greenport, New York, on August 8, 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 Councilman Rich, WHEREAS, by resolution adopted by the Town Board on the 20th day of June 1972 , a public hearing was authorized to be held in the mattero6f the adoption of an amendment to the "Traffic Ordinance of the Town of Southold" ,and WHEREAS said hearing was held by the Town Board on the llth day of July 197.2 at which time- all interested persons were - given an'i oppor-tunity to be, hea-rd,. and WHEREAS this Board deems it in the best interest of the Town of Southold that­the Southold Town ,Traffic Ordinance amendments be adopted, , NOW, THEREFORE, BE IT RESOLVED that the following Traffic Ordinance amendments be adopted by the- Southold Town Board: I. By amending" Artic-le IV of the- Traffic Ordinance of the Town of Southold by adding a new Section thereto, to be Section 4, to read as follows, to wit: Section 4:= The -following town- highway-railroad crossings are hereby designated as Stop crossings and Stop- signs shall be erected, to wit: Laurel ' Lane in Laurel Mary' s Road in Mattituck' Mill Lane in Mattituck ] El -ijah-'-s Lane. in Matttuck= Alvah ' s Lane in Cutchogue Cox Lane in' Cutchogue Carroll Avenue in Peconic Horton .Lane in Southold Boisseau Avenue in Southold Laurel Avenue in Southold Kerwin Boulevard near Greenport Pipes Neck Road near Greenport Silvermere Road near Greenport Ninth Street near Greenport Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Justice Suter, it was RESOLVED, that Supervisor Albert M. Martocchia , be and he hereby is authorized to enter into a lease for one -year with Val Stype for a parking lot for .the Cutchogue Justice Court, Main Road, Cutchogue, New York, at a fee of $150.00. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Justice Suter, WHEREAS Lewis Raymond has applied to the Town Board for a single trailer permit, NOW, THEREFORE, BE IT RESOLVED that the application of Lewis Raymond to locate a single trailer on his property, Main Road, Greenport, New York, be and hereby is denied. Vote of the Town Board: Ayes : Supervisor Martocchia , Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Councilman Rich, WHEREAS Minnie Wilson, applied to the Town Board for a single trailer renewal permit dated June 5 , . 1972 , NOW, THEREFORE, BE IT RESOLVED that the application of Minnie Wilson, Middle Road, Cutchogue, New York be and hereby is granted. for a period of six (6) months. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Rich, seconded by Councilman Homan, WHEREAS foreign. fishing fleets are presently allowed to come within 12 miles of our coast, and WHEREAS we. believe the present 12 mile limit is unsatisfactory due to the methods used by these fleets which threaten the many species living in the waters ovdr the continental shelf with extinction, now, therefore, BE IT RESOLVED that we, the Town Board of the Town of Southold respectfully request the, support of our legislators, the Honorable Jacob Javits, James Buckley and Otis Pike., to increase the present 12 mile limit to a 200 mile -limit, thereby establishing a . 200 .mile conservation zone open only to United States ships, and . BE IT FURTHER RESOLVED that a copy of this resolution be sent to the above legislators.. 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. Lillian Pell, Greenport, New York, requesting a change of zone from certain property at Main Road, Greenport, said petition for a change of zone from "A" Residential and Agricultural District to "B" Light Business District, NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk of the Town of Southold be and he hereby is directed 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 Councilman Homan, seconded by Justice Demarest, ------------------------------------- In the Matter of the Application . to Discontinue a portion of a Highway in the town of Southold, Suffolk RELEASE County, New York, known as NASSAU POINT ROAD. -------------------------------------- The undersigned, being the owners of and persons interested in lands affected by the proposed discontinuance of a portion of a certain Town highway known. as "NASSAU POINT ROAD" located at Nassau Point, Cutchogue, in the Town of Southold, and more A � par,ticularly 'hereinafter described;•: for. a .valuable consideration, do hereby release the said Town of Southold from 'any and all damages by reason of .the discontinuance of the following portion of the said Town highway known as "NASSAU POINT ROAD", to. wit _ - All that. aertain tract or parcel of land known as a portion of Nassau Point Road located at Nassau Point,_ Cutchogue, ..in the Town of-Southold., Suffolk Coun.ty,.. New...Yo.rk.,. being bounded and described as follows : Beginning at the intersection of the irregularly curved north-westerly..line. of. .Nassau _Point .Road with ..the easterly line of said Nassau Point Road as relocated-,_ ,sa.id. point of beg-inning being North 47 degrees 05 minutes 50 seconds East 133 .53 feet from a monument at the easterly corner of lot 199 as shown an "Amended Map A, Nassau ,Point" , .filed .in. the. Suffb-lk County Clerk ' s Office as Map. No. 156; from said poin.t: of. beginning running north- easterly along said irregularly curved northwesterly lihe, 260 feet, more or less, to ordinary high- water mark of Little Peconic Bay; thence southerly along the high water mark, 50 feet., more or less, to the irregularly curved -southeasterly line of said Nassau Point Road; thence southwesterly along said southeasterly line, 300 feet, more or less; thence across said Nassau Point Road, North 12 degrees 55 minutes 30 seconds East 75 feet, more or less , to the point of beginning. Dated: July 13, 1972 /s/ David C. Eaton, as Trustee of an Inter Vivos .Trust for Anna .W. Murray /s/ Eleanor M. Eaton, .as. Co-Trustee of an Inter-Vivos Trust established for the •benefit of 'Anna W. Murray. NASSAU. POINT CAUSEWAY- ASSOCIATION, INC.. (corporation seal) BY /s/ Harold W. Proo.m, Pres . STATE OF NEW PORK) COUNTY OF ERIE ) SS. : On the 13 day of July, 1972 , before me personally -came David C. Eaton and Eleanor M. Eaton, Trustees of' an Inter ::Vivos. Trust for Anna.•W. .Murray,; to-.,be known to be the ihdividuals. described in and who executed .the :foregoing instrument, :and .acknowledged;,that they executed: the .same-. . /s/ Raymond F.: Roll,. Jr..,_ Notary: Public,,,.:S,tate of New York, ,Qualified in -Erie County. STATE OF NEW YORK) SS. : COUNTY OF SUFFOLK) On the 19th day of July, 1972 , before me personally came Harold W. Proom, to be..knowni, whoa. being by me duly sworn,. did:.depose and say that -:he firesides. a.t 510 Bayberry Rd:. , Cutcho.gue, N.Y, that he :is the President of .NASSAU.-POINT CAUSEWAY ASSOCIATION, :the. corporation described .:in and which. executed .the foregoin.g: instrument; . that .he knows the seal of said corporation; that ,the :seal affixed to said..instrument is such corporate- seal_;:;.that . it .was so--aff:ixed.:by order; of .the board of :directors of said corporation, and that he signed his name thereto by--like order. /s/ Anna W. Jacobs, Notary Public in State of. New York-, residing in Suffolk County. 1 ----------------------------------------- : APPLICATION TO In the Matter of the Application to DISCONTINUE A Discontinue a portion of a Highway PORTION OF TOWN in the Town of Southold,. Suffolk :County;. : '"HIGHWAY New York., known as' NASSAU POINT ROAD. TO THE SUPERINTENDENT OF HIGHWAYS' OF -'THE '-TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, STATE 'OF NEW YORK': The undersigned,' persons -liable to be assessed for highway taxes 'in the Town of Southold, hereby" apply to ydu t'o''discontinue a por;ti.on.'of the,. Town highway ;at Nassau Point, in' the Town of Southold, Suffolk County, New York, known as NASSAU POINT ROAD, described as follows : All that certain tractor parcel of land known as a portion of Nassau Point Road, located .at Nassau Point, Cutchogue, in the Town of Southold, Suffolk County, New York, being bounded and' described as follows : Beginning at the intersection of the irregularly curved northwesterly line of Nassau Point Road with the easterly line of said Nassau .Point Road ,as .relocated, .:said point. of beginning being North 47. degrees 05 minutes 5-0 seconds :East 133 . 53' feet from 'a monument at the easterly corner of lot 179 as shown on "Amended Map A, Nassau Point, " filed in the Suffolk County Clerk 's Office as map No. 156; from said point of beginning running northeasterly along said irregularly curved northwesterly line, 260 feet, more .or less to ordinary high water mark of LittlePeconic Bay; thence southerly along said high water mark, 50 feet, more or less, to the irregularly curved southeasterly line of said Nassau Point Road; thence southwesterly along said southeasterly line, 300 feet, more or less ; thence across said Nassau Point Road, North 12 degrees 55 minutes 30 seconds East 75 feet, more or less , to the point of beginning.' Hereunto annexed and ,made a part hereof is a certain map prepared by Van Tuyl and Son, Greenport, New York, and dated July 1, 1970, amended March 5 , 1971, which said map shows the portion of said highway requested to be discontinued by this application. Dated: July 13, 1972 . /s/ David C. Eaton, as Trustee of an Inter Vivos Trust for Anna W. Murray ni /s/ Eleanor M. Eaton, as Co-Trustee of an Inter-Vivos Trust Established for the benefit of Anna, W. Murray NASSAU POINT CAUSEWAY ASSOCIATION, INC. BY /s/ Harold W. Proom, Pres. (corporation seal) STATE OF NEW YORK) SS . : COUNTY OF ERIE ) . On the 13 day of� July, 1972, , before me personally came David C. Eaton andiEleanor M. Eaton, Trustees of 'an Inter Vivos _Trust :- for Anna W. Murray, to be known to be the individuals described in and .who executed the foregoing instrument, and acknowledged that they executed the same. /s/ Raymond F. Roll, Jr. , Notary Public, State of New York, Qualified in Erie County. STATE OF NEW YORK) SS. . COUNTY OF SUFFOLK) On the 19th day of July, 1972, before me personally .came Harold W. Proom to be known, who, being by me duly sworn, did depose and say that he resides, at Bayberry Road, Cutchogue, N.Y. , that he is the President of NASSAU POINT CAZUSEWAY ASSOCIATION, INC. , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. /s/ Anna W. Jacobs, Notary Public, State of New York, Residing in Suffolk County. -----------------------------------------: In the Matter of the Application -to: Discontinue a portion of, a Highway in the Town of Southold, Suffolk County, CONSENT TO .DISCONTINUE New York, known as NASSAU POINT ROAD. TOWN HIGHWAY ------------------------•-----------------• Upon reading and. filing the Application of "NASSAU POINT CAUSEWAY _ ASSOCIATION and DAVID C. EATON and ELEANOR M. EATON, dated July 13, 1972, and acknowledged the 13th and 19th days of July, 1972, and the release of the said Nassau Point Causeway Association and the release of David C. Eaton and Eleanor M. ' Eaton dated and acknowledged the 1:7 13th and 19th days of July, 1972, which said Application requests the discontinuance of a portion of a Town highway of the Town of Southold known as, "NASSAU POINT ROAD" consisting of the following lands, to wit: All that certain tract or parcel of land known as a portion of Nassau Point Road, located at Nassau Point, Cutchogue, in the Town of Southold, 'Suffolk .County, New York, being bounded and described as follows : Beginning at the intersection of the irregularly curved north- westerly line of Nassau Point Road with- the easterly line of said Nassau Point Road as relocated, said point of beginning being North 47 degrees 05 minutes 50 seconds. East 133 . 53 feet from a monument at the easterly corner of lot 179 as shown on "Amended Map A, Nassau Point", filed in the Suffolk County Clerks Office as Map No. 156; from said point of beginning running northeasterly along said irregularly curved northwesterly line, 260 feet, more or less , to ordinary high water mark of Little Peconic Bay; thence southerly along said high water mark, 50 feet, more or less, to the irregularly curved southeasterly line of said Nassau Point Road, thence southwesterly along said southeasterly line, 300 feet more or less; thence across said Nassau Point Road, North 12 degrees 55 minutes 30 seconds East 75 feet, more or less, to the point of beginning. RESOLVED, that consent 'be and` he same hereby is' given' that 'the Town Superintendent of Highways of the Town of Southold make an order discontinuing as a Town highway that portion of the Town highway known •as''"NASSAU- POINT ROAD" hereinbefore described, all in accordance with the provisions of Section 171 of the Highway Law of' the •State of New York: Dated. July 25, 1972 TOWN BOARD OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK. /s/ Albert' M.' Martocchia, Supervisor /s/ James H. Rich, Jr. , Councilman , /s/ James F. Homan, Councilman' /s/ `Martin Suter`, --Town° Justice /s/' Louis M. Demarest,' Town c"us"tice In the Matter of the Discontinuance of a: ORDER OF TOWN SUPERINTENDENT Portion of a certain town highway known : ," DFSCONTINUING- A PORTION OF A as NASSAU POINT ROAD in the Town of TOWN HIGHWAY Southold, County of Suffolk, State of New York. . -------------- Application having- been made , for the"discontinuance "of a portion of a certain town highway known as •Nassau' Point'•Road in the 'Town of Southold, County of Suffolk State of New York, -here'inafter described, and all pabties' affected thereby -having released the said Town from all damaged by reason of such discontinuance, and the Town Board' of''the Town of Southold having made Its consent to the making--of this order, all of which papers are -filed' and recorded herewith. NOW, THEREFORE, I, Raymond C. Dean; -Town -Superintendent of Highways `of the Town of Southold`;' in accordance-'with the provisions of the- Highway Law of -the- State of New York do 'hereby order the following` 'Lands` ,be 'd-iscontinu•ed a's-a -public highway of' the -Town-of Southold, County of Suffolk, State of New York, to wit:. A11 that certain tractoor' parcel of land known as •a portion of Nassau Point Road, located at Nassau Point, Cutchogue, in the' Town of ' Southold, '' Suffolk County, 'New York, being bounded and described as follows : Beginning at the intersection of • the irregularly curved north- westerly' line of Nassau Point Road' with the easterly line of said Nassau Point Road as relocated; said -point 'of beginning being North 47 degrees 05 minutes 50 seconds East - 133'.53- -feet`from a ` monument at' the easterly corner of lot 179 a's "shown on'- "Amended Map A, Nassau Point" , filed in the Suffolk County Clerk ' s Office as Map No. 156;- from said point of .beginning. running northeasterly along said irregularly curved northwesterly line, 26.0 feet, more or .less, to ordinary high water mark of Little Peconic Bay; .thence southerly along said -high water mark, 50 feet, more or less, to- the: .irregularly .curved southeasterly, line of said Nassau Point Road; thence southwesterly alon g said southeasterly line., 300 feet, more or less; thence across said Nassau .Point .Road, . North 12 degrees 55 minutes 30 seconds. .East 75 .-feet, ,more or less, to the point of beginning. AND I DO -FURTHER ORDER that that portion of the said existing town highway above described be discontinued and closed as a public highway of the said Town of Southold. Town of Southold, New York. Dated: July 25, 1972. /s/ Raymond C: Dean, Town Superintendent ., of-.Highways of .the Town of Southold, Suffolk County, New York. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, -Ju-stice Suter, Justice Demarest. Moved by Justice Suter, seconded. by Justice Demarest, _ _ WHEREAS, certain areas of the Town of Southold are subject to periodic flooding from the tidal waters .surrounding. the Town of. , Southold causing serious damages to residential properties within these areas ; and WHEREAS, relief is available in the form of flood insurance as authorized by the National Flood Insurance Act:.of 1968 as amended; and WHEREAS, it .is -.the intent- of this Board to comply with land use and management criteria regulations as required in said act; and WHEREAS, it is a-lso the ,intent of this Board to recognize and duly ev&luate flood -hazards- in all official actions relating to land use sndthenfl-66d -plain areas .having special flood hazards; and WHEREAS, the State enabling legislation and any resulting town ordinance that authorizes this Town to adopt land use and control measures are Town Law, Articl.es. 9 and..16 and Municipal_.Home Rule Law, Article 2. NOW, THEREFORE, BE IT RESOLVED., that this Board hereby assures the Federal Insurance Administration that it will take legislative action as follows : (1) Enact and maintain in force for those areas, adequate land use and control measures„with effective enforcement provisions consistent with the criteria set forth in Subpart A of Section 1910 of the National Flood Insurance Regulations ; and (2) If necessary, seek State enabling legislation conferring authority to enact land use .and control measures designed to .reduce the exposure , of property to flood loss; and ; .(3) Take such other official action as may be reasonably necessary to carry out the objectives of the program.. , Such actions will include but not be limited to: ..(a) , Assisting the Federal Insurance Administrator,, at his request, ,,in delineating the limits of the flood plain :having special .flood hazard on available local maps of sufficient scale to identify the location of the building sites. .(b) After flodd insurance is made available, furnishing representatives of the National Flood Insurers Association ,(also ,; appropriate, Federal .or State . agencies,, upon reggest) information concerning new or substantially improved structureswithin the area of special flood hazard. . This, information will include floor elevations and, -if, *there is,..a basement, the distance between the.;, first floor and the bottom .of the. lowest.. opening where water flowing on the,, gimnd ,will enter. (c) Cooperating with Federal, State and local agencies which undertake to study, survey, map and identify flood-prone areas 29 as well as cooperating with neighboring jurisdictions with respect to adjoining flood plains in order to prevent aggravation of the flooding problem. (d) Providing the name of the individual and the office that will be responsible for furnishing the first floor elevation information. BE IT. FURTHER RESOLVED, that this Board hereby appoints the Town Supervisor with the responsibility, authority and means to implement the commitment made herein. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Homan, it was RESOLVED that Raymond Dean, Department of Public Works, be and he hereby is authorized to advertise for bids for necessary fence around the Town Disposal Area. Bids must specify cost of fence and cost of labor involved. 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 the Town Clerk be and he hereby- is directed to request the Long Island Lighting Company to install the follow- ing lights on Oregon Road: Vote of the Town Board: Ayes : Sipervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Recess was called at 3 :35 P.M. to reconvene at 4 :35 P.M. Meeting reconvened at 4.:35 P.M. Moved by Justice Demarest, seconded by Justice Suter, .it was RESOLVED that $500.00 fe and hereby is ordered transferred from Surplus to Item A7310, Youth Programs - contractual expenses. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich,-Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, --seconded by Justice Suter, it was RESOLVED that $500. 00 be allocated for the assistance of Harbor Crafts, Inc. ; Greenport, New York, provided such claim is placed on a proper voucher. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Meeting adjourned at 3 :55 P.M. Albert W. Richmond Town Clerk