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HomeMy WebLinkAboutTB-08/08/1972 SOUTHOLD TOWN WARD MINUTES ; Meeting _of .August_8, 1972.. The Southold Town Board met at the office of .. Su,pervisor ,Albert M. Martocchia, 16 . South Street, Greenport, .New York, ,at 3 :00 P-.M. , Tuesday, August 8, 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., Superintendent of Highways; .Raymond C... Dean, _and Town Clerk, Albert W.. Richmond: Absent: Justice E. Perry Edwards and Town Attorney Robert W. Tasker. Moved by Justice - Suter, -seconded by .Councilman. Rich, it was. RESOLVED, that the minutes of July 25, 1972 be and they hereby are approved. . . . . . ._ . . 1 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 the next meeting of the Southold Town Board will be held at 1:.00 P.M. ,, Thursday, August 24, ,19.72 at Fishers Island, New York. Vote of the Town Board: ' Ayes: Supervisor Martocchia, Councilman Rich, Councilman .Homan, Justice Suter,. Justice Demares.t. I Mrs. Gladys Csajko read the following letter to the Town . Boa•r_d: "Council of Allied Associations of the North Fork Taxpayers Association, Inc. , Peconic, New York. 11958, August 8, . 1972 . Southold . Town Board, Greenport, New York, . Gentlemen: The Council of Allied Associations, at -its August 2nd meeting, voted to go on record as recommending to the Southold Town Board that whatever legal . steps . are necessary to be taken 'to protide: that, in all future proposed zoning changes, request for variances, or condemnation of land, the following procedures be declared mandatory: 1. all- property owners in the near.: vicinity of .a proposed zoning, change .be notified,. ]py mail, of the proposed action together with the date, time, and place of the hearing .on .the proposed change of. zoning; 2. all property owners in the immediate .vicinity of a requested . variance be notified, by mail, of the proposed action, together with the date, time, and place of ,the hearing on the requested variance; 3 . property owners of land proposed for condemnation, and all property owners in the near vicinity of land proposed for condemnation, be notif.ied,.by mail, of the proposed action, together with the date, time, and place of the hearing on the proposed condemnation; 4. final decisions on such proposed actions should be publicized in a local newspaper, and, upon request, property owners affected by the change should be notified of the final decision by mail. The Council of Allied Associations believes the above steps should be taken since the general public and particularly affected property owners are too often unaware of proposed changes until it is too late to register anaopinion. The cost of the above procedures should be well offset by providing Southold Town with a better informed and better protected public. Sincerely, Mrs. Gladys Csajko, Chairman, Council of Allied Associations. " A petition was received from residents of Bay Avenue, Cutchogue, requesting that the name Bay Avenue be changed to Skunk Lane, the old original name. Moved by Councilman Homan, seconded by Justice Demarest, it was RESOLVED; that the reports of the Supervisor, Fishers Island Ferry District, Police, Building Inspector, Justice Suter and Town Clerk., for the month of July 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 Clerk be and he hereby is directed to request the Long Island Lighting Company to install (1) one 100 CP street light on Pole #7, Harbor Lane, Cutchogue, New York. 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 John Klein applied to the Town Board for a single trailer renexral permit dated August 10, 1972 , NOW, THEREFORE, BE IT RESOLVED that the application of John Klein, Main Road, MattituckJ;. 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 Justice Suter, seconded by Justice Demarest, WHEREAS Donald Clark applied to the Town Board for a camper trailer permit dated August 1, 1972 , NOW, THEREFORE, BE IT RESOLVED thatthe application of Donald Clark to locate a camper trailer on the property of Ruth Collins , Mattituck, New York for a period from August 12 , 1972 to August 18, 1972 , for s leeping only; � is -hereby `granted 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; Angelo-G. Petrucci has by-written -application -applied to this board for a renewal of his permit to excavate sand, gravel, stone or other -materi'als -from -r-r emises located -south of Soundview Avenue; Southold, New York; bounded generally northerly by lands of Edwin:A. Smith and Long Island 'Produce--Co: ; easterly by lands ' of Case and Kaplan; southerly-by lands - 'of Newell Estate and Sepenoski; and westerly by lands' of -Tisdale"and Edwin A: Smith, and WHEREAS a public hearing was -held on- the -original application on July 13, 1971 at which all interested persons were given an opportunity to be heard,NOW, --THEREFORE, BE IT -RESOLVED -that - this Board -does in accordance with Section V of the Excavation Ordinance of the Town of Southold, find that ('a)--- The, proposed operations -will not- interfere with the surface water drainage -plan of the area nor endanger any street, road or highway, (b) The circumstances of the location and terrain ate reasonably adapted to rehabilitation to the end that the premises will not become desert or waste land following completion of -operations. (c) The circumstances of the location and the terrain are such - that conditions and safeguards may feasibly be imposed to assure--that the premise's will' not -constitute--an- attractive � nuisance or endanger the safety of children - -= (d) The use will not cause undue traffic hazards: (e)- _. - The'use will-not cause -undue -noise or wind-blown dust or sand. (f) - The--use will riot change -the established--character of the neighborhood or depress the value of other lands in such neighborhood. (g) -The proposed 'operationsFare set back -at least 20 feet from any road, street, avenue or highway and that the excavation operations were in existence at the effective date of the aforesaid excavation ordinance and that such proposed operations will not be extended 222 beyond the present front, side or rear setback lines , and it is further . RESOLVED, that the Town Clerk be and -he hereby is authorized and directed to issue a renewal permit to said' Angelo G. Petrucci for the excavation of sand, gravel, stone, or other materials from the above described premises for a term .of one year, subject, however, to the following terms and conditions : 1. The removal of materials shall be confined to .the shaded areas outlined in red on the map accompanying said original application, a copy of which has been signed by the Supervisor and the applicant and filed Frith the Town Clerk. 2. The removal of materials from said areas shall not extend below fifteen (15) feet above sea level. 3. All removal operations shall be setback at least 10 feet from all property lines. 4. All slopes shall be maintained during a.nd after operations at one foot vertical on one foot horizontal. 5. After operations have been completed, the excavated areas, as well as all other areas where prior excavation operations have been conducted on the premises, shall be leveled, regraded, all stumps, rocks and other debris removed and the entire premises seeded with grass. Vote of the Town Board:, Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Demarest, seconded by Councilman Rich, it was RESOLVED, that Police -Chief Carl Cataldo be and he hereby is authorized to hold a public auction for the sale of two Plymouth police cars #PK41F192418 and #PK41N1F192422. Auction to be held at the Highway Department building .on Peconic Lane, Peconic, New York, at 10 :00 A.M. , Saturday, August 12, 1972e , 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 Chief Carl Cataldo is hereby authorized to sign an agreement on behalf of the Town of Southold with Relay Communications Inc. and Walter Schwindt, for the connection of a leased line alarm system. to the alarm .panel of the communications console at Police Headquarters, Main Road, Peconic, New York. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice- Demarest, seconded by Councilman Rich, it was RESOLVED that Chief Carl Cataldo is hereby authorized to si}n an agreement on -behalf of the Town of Southold with Thompson Signal Devices , Inc. and Cyrus McCormick, for the connection of a leased line alarm system to the alarm panel of the communications console at Police Headquarters, Main Road, Pecbh(b&, ,New York. 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 Bayview Development Corp. , by petition dated May 11, 1972, petitioned the Town. Board for a change of zone on certain property situated at Bayview Road, Southold, New York, from "A" Residential and Agricultural District to "M-1" General Multiple Residence District, and WHEREAS the said petition was referred to the Southold Town Planning Board for official recommendation and report, and WHEREAS the Town Board, pursuant to due notice, held a. public hearing thereon on the llth day of July 1972 at 8 :00 P.M. , at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE,- BE IT RESOLVED that the relief- demanded ,in said petition-be-' and ' the same 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 Py Justice Demarest., WHEREAS Arthur H. Frank, by petition dated May 1, ' 1972, petitioned the Townj.Board for .a change. of . zone on certain property situated at Mattituck. Creek, Tonzn of Southold., .. from. "A" Residential and Agricultural Districttto "B-1" General Business District, and WHEREAS, the said petition was referred to the Southold Town Planning Board for official recommendation and report, and WHEREAS, the Town Board, pursuant to due notice, ..held a public hearing thereon on the llth day of July, 1972, at 7 :30 P.M. , at which time' all interested person.s"were given an opportunity to be heard, __ NOW; ,,THEREFORE, . BE IT-- RESOLVED, that the- relief- demanded in said_ petition be and the same is in.- all. respects Denied. Vote of the Town Board:. Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, ._Justice Suter., Justice. Demarest. Moved by Justice Demarest, seconded by Councilman Homan, WHEREAS George Ahlers, by .application. dated.:March.- 6, . 1972 , petitioned the Town Board .for a change of zone on certain.. property situated at Southold, New York, from "A" Residential and Agricultural District and "C" Industrial District to "M-l" General Multiple Residence District, and WHEREAS the said petition was referred to the Southold.. Town Planning Board for officialrecommendation and report, and WHEREAS; thet'Town Board, - pursuant to: due notice,:- held a public hearing thereon on the 9th- day of=May., 1972 , - at.: 8.:00 P-M., at which 'time- all interested-,persons were.. given. an opportunity to- be heard, NOW, THEREFORE, BE IT RESOLVED, that George Ahlers, Cutchogue, New, York, be- granted- a - change-;of zone.)from: ."A'S..Res identia l and Agricultural District- and "C"- Industrial District, to :'M-l" General Multiple-Residence District on his property:)at. Sou:thold, New. York, more. particularly,:bounded,and- des cr:ibed-_as., follows : BEGINNING at a- point.-on: the-.wester.l.y.. side of Railroad. Avenue . also known as Youngs':Avenue marking the intersection of _the southerly: line of- land now or formerly of-_.Charnews..with. the westerly line of said Railroad Avenue also known as Youngs Avenue and from said point- of beginning running thence South. 8 degrees 35_ minutes 30. seconds East. 60. 70 feet,;:--running--.thence—still a.lon.g-:the.,westerly„ side of Railroad Avenue South 13 degrees 53 minutes 40 seconds East 458. 50, feet to.-..a po:int:.and land. now or formerly of..-Maier:; .-- running thence along said last mentioned land South 73 degrees 53 minutes 20 seconds West 132 .40 feet to a..point;._r.unn.ing,_ thence South 13 degrees 23 minutes 10 seconds East 100. 04 feet along land now or formerly of. Maier and land now or formerly of Averett- to a point; running thence along. land now or - formerly of Averett the following courses: and. diistances::.: South-. 73, degrees-. 12 . minutes 30 seconds West-89.03 feet—to a point;.'.thence;:,Southt:17 degrees 41 minutes 40 seconds 60. 18 feet to, a point and land now-. or formerly of Kaelin; running thence along said: last: mentioned land South 73 degrees 22- minutes 20 seconds West- 113.: 76 feet; running. thence along land now or formerly of L.ipco.-Agway Inc.::the fold'ow,ing three (3) courses and distances : (1) South 74 degrees 04 minutes 40 seconds: Wes-t 213, 27- feet;; .(2`) : South,-.5:,degrees 22. minutes 50 ' se.conds East 389.17 feet- and (3).. South :17 : degrees 21 minutes lOr seconds East 94.2-1 fee,t- to a--point- and land.-now. on formerly. of-Long Island Railroad; tanning thence along land now or formerly of Long Island Railroad South 70 degrees 30 minutes 30 seconds=West 534. 10- feet to a point and. land now or formerly of Gr.a.ttan;::running:..thence along said. last:.men-tioned land: now.=or :formerly of- Gra.tta.n- North. :17 degrees' 43 minutes 30. seconds -West 636..24: feet :toga:-point_.and_.land now or formerly of Witkowski; running. thence,: along.:.said last -; mentioned land now or formerly of Witkowski the following two (2) ,. 24 courses..and..distances. _(1) North_ 70 degrees . 08 , minutes-.30. seconds East 110.80 feet and . (2.) .. Notth 12_ degrees_.. 29:_minutes_30, seconds.. West_1537.84 , feet_ to.. land.,now_-or_ formerly of_Charnews.; running_. . thence along said . last mentioned land.. now or..formerly_ of, Charnews ' North 70 degrees 05 minutes 00 seconds East. 487 .72 feet and North 76 degrees 22. minutes 20 ' seconds East.- 567 . l0._feet to_ the point- or place of BEGINNING. . Vote. of_ the. Town Board: Ayes : Supervisor,Martocchia, Councilman Rich, Councilman .Homan, Justice_ Sutter, _ Justice Demarest. Recess :was,. called. at ,3 :3.0 P..M. , . to reconvene at 4:30 P.M. Meeting _reconvened_at_ 4 :30. P.M. Moved by Councilman. Homan, seconded. by_ Justice..Suter., -- it was .. . . RESOLVED that General bills in the amount of $13 , 391. 22 , Fishers Island Ferry_.District_ bills . in_ the . anount.of.. $2.3 , 699.. 10.;: Highway bills in the amount__of. $9., 490.89, . and Special District bills.- . . in the. amount.:of. $47.760-.56 be..and the . same.. are. hereby ordered. paid. 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 public .hearings will be held„by. the Southold Town- Board• at the_ S.upervisor.' s . Office:, _ 16_South._ Street., . Greenport.,. New York, on the 12th. day of.-September, 1972., in the.. matter. of the following applications 1. 7 :30 P.M. , ..upon application of.. Russell. Allan Stassen for a ._.. permit under - the provisions of-,the,.-Wetlands Ordinance._of the _Town of Southold for" the .purpose__ of_ constructing_- a wood,"walkway_ to.. the waters edge_across meadow, on.. Reserve_r Plot A, Section -2, M. S. Hand- Map 1280, _ on Eugene - Creek., Stillwater Avenue, Cutchogue, New York. 2. . 7 :45. P_.M.. , upon..application" of. John_,Lusk. for_ a , permit under the provisions- of the Wetlands Ordinance_. of the. Town of Southold. for the purpose of constructing a bulkhead and filling land shown as wetlands on James Creek, Riley Avenue, Mattituck, New York. 3 . 8:00 P.M. , upon. application_ of:_•Ar.thur. W. Sauer. for a permit_ under the provisions of the Wetlands Ordinance. of the Town of. _ Southo.ld..for .the purpose of constructing a bulkhead and filling land shown-..as. wetlands. on James Creek, Riley Avenue, Mattituck, New York: Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice-Suter,--Justice Demarest. A recess was called. at 5 :30 . P..M.. , to . reconvenes. at. 7 :20. P.M. Meeting .reconvened. at. 7 :20 P..M. .. On motion.- of Councilman... Rich:, Se.conded . by Justice Suter, WHEREAS, Leander Glover., Jr.. , ..heretofore app.lied.. to this Board for a. permit_ to- excavate. Sand, _.gravel., stone and other materials from premises located on the. north side. of Middle Road at Cutchogue.,.. New York_; and . .. _ . WHEREAS, .this Board. by resolution duly adopted on the 26th day of October,, 1971, authorizing. the_ Town._ Cl.erk. to issue a permit to the said Leander Glover . Jr.. subject to the terms- and. conditions set . forth in said resolution and, WHEREAS, one. of. the conditions . to - the. issuance of said,. permit was that the applicant enclose the_ premises with a wire.. fence six_, (6) feet_. in height with four (4). s.trands of barbed wire at the top thereof, and - WHEREAS, the applicant has requeslii this Board to waive the . requirement of the placing of fou trands. of barbed wire at the top of said fence for the reason that the same is not required. for the protection of the public forreason of the location of: said premises., and. . WHEREAS, this Board has given due consideration to said requested waiver and is of the opinion that due to the location of the said premises the required barbed wire strands along the top of said fence are not required for the public safety, NOW, THEREFORE, BE IT RESOLVED, that the aforesaid resolution of this Board adopted the 26th day of October, 1971, be hereby amended by deleting therefrom any reference to the placing of four (4) strands of barbed wire at the top of the fence on the premises of said Leander Glover, Jr. , and IT IS FURTHER RESOLVED, that the Town Clerk be and he hereby is authorized and directed to issue a permit to the said Leander Glover, Jr. , subject to the terms and conditions of the aforesaid resolution adopted by this Board on the 26th day of October, 1971, except that applicant is not required to install four (4) strands of barbed wire at the top of said fence. Vote of the Town Board: 2Ves : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Meeting adjourned at 7 :30 P.M. q Albert W. Richmond Town Clerk