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HomeMy WebLinkAboutTB-09/28/1972 SOUTHOLD TOWN BOARD .MINUTES Meeting of .September 28 , 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. , ' ' Thursday, September 28 , 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 Councilman Homan, seconded by Justice Suter, it was RESOLVED, that the minutes of September 12 , 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 Justice Suter, seconded by Councilman Homan, it was RESOLVED that the next meeting of the Southold Town Board will be held at 7 :30 P.M. , Tuesday, October 10, 1972 at the office of Supervisor Martocchia, 16 South Street, Greenport, New York. 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 Lillian Pell, by application dated July 12 , 1972 , petitioned the Town Board for a change of zone on certain'- property situated at Greenport, New York, from "A" Residential and Agricultural District to "B" Light 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 12th day of September 1972 at 9:00 P.M. , at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that Lillian Pell of Greenport, New York, be granted a change of zone from "A" Residential and Agricultural District to "B" Light Business District on her property situated at the northwesterly side of Old Main Road, Greenport, New York, and more particularly bounded and described as follows : Beginning at a point on the present "B" zoned district line 200 feet from Old Main Road on the northeasterly line of W. Krumholz and others, and the southwesterly line of applicant, and running thence W. 360 13 ' 40" W. 291. 19 feet to land of W. Krumholz and others , running thence N. 510 03 ' 00" E. 284. 71 feet along land of Krumholz and others, thence S. 410 26 ' 30" E. 291. 12 feet along land of Krumholz and others to the present "B" district zone line, running thence S. 510 03 ' 00 " W. 311. 20 feet through land of applicant to point or place of beginning. 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 a request has been made by the Fire Ch'ief ' s Council for bus transportatioh to New York, it is therefore RESOLVED that their request be held for further study. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. -235 Moved by Councilman Homan, seconded by Justice. Suter, P R O C L A M A T I O N WHEREAS, the 4-H program of Cooperative Extension since its beginning 52 years ago has contributed much to the health and welfare of the Nation and has encouraged many young people to choose careers which help improve family and community living; and WHEREAS, , during this week 4-H members will honor all 4-H families for their accomplishments and their devotion to the high ideals of 4-H; and WHEREAS, 4-H members put into practice the skills and science they learn as- they develop their talents through 4-H projects and strive to "learn for living, " WHEREAS, in these changing times young people, who are the citizens of tomorrow, must discover and acquire the virtues of responsibility, thoughtfulness , morality and understanding; WHEREAS, the more than 500 volunteer adult 4-H leaders are organizing their 4-H Clubs for the 19.72-73 year, many others are organizing clubs for the first time; and WHEREAS, the nearly 65 , 000 boys and girls now enrolled in 4-H programs throughout Suffolk County soon will be taking their places in society by establishing homes of their own and joining the ranks of community leaders, NOW, THEREFORE, I, Albert M. Martocchia, Town Supervisor_ of Southold Township, in recognition of the fire achievement of 4-H members and their families do hereby proclaim the week of October 1 - 7 , 1972 as N A T I O N A L 4 - H W E E K IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of this Office to be affixed. Signed at the Town Hall in Greenport this 27th day of September in the Year of Our Lord, One Thousand Nine Hundred and Seventy- Two. /s./. Albert-.M:. .Martocchia, Town Supervisor. ` Vote of the Town Board: Ayes : Supervisor. Martocchia, . Councilman Rich, Councilman. Homan, Justice Suter, Justice Demarest.. Supervisor Albert M. Mattocchia stated that he had received notice from:,the ,,Civil :.Service Commission granting. a.. one year extension,:..- to September 30.-, . l97.r3 , .for, Alfred Grebe:, : a .,member .Iof the Planning. Board of the Town of Southold. Moved by Justice , Suter, .seconded: by Justice Demarest, . .- WHEREAS the Eastern Suffolk Community Concert Association has provided the citizens of Southold and neighboring towns with the finest- musical entertainment available for many years, .and-where- fore: the week of October 9th, 1972 has- been designated as campaign week for that association, and wherein it has been so decreed by the Town Board of the. Town of. . Southold, I, Albert. Martocchia, Supervisor of said Town, do hereby proclaim the week of October 9th, 1972 as Eastern. Suffolk Community Concert Week in. the Town of Southold, and encourage all citizens of our town to join in membership in this . fine organization and enjoy.. in its fullness and .wonderful ,-music , it brings to us this. season. 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 tha t. the Southold Town Board release the bond of $26, 500 as recommended by the Southold Town Planning Board and Superinteddent of Highways Dean, for the completion of .roads in the subdivision to be known as Jackson ' s Landing, . owned .by John- Hurle.y . and others, located in Mattituck, New York. Vote of the Town Board: . Ayes : Supervisor Martocchia., -:Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. . 236 Moved by Councilman Homan, seconded by Councilman Rich, WHEREAS Sam Brown applied to the Town Board for a single trailer renewal permit dated September 28, '1972, NOW, THEREFORE, BE IT RESOLVED that the application of Sam Brown to locate a single trailer on his- property off 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 Justice Suter, seconded by Councilman Rich, WHEREAS Sophie Saunders applied to the Town Board for a single trailer renewal permit dated October 5, 1972 , NOW, THEREFORE, BE IT RESOLVED that the application of Sophie Saunders to locate a single trailer on her property at Main Road, Laurel, 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, it WHEREASP that Florence Steiner applied to the Town Board for a single trailer renewal permit dated September 28, 1972 , NOW, THEREFORE, BE IT RESOLVED that the application of Florence Steiner to locate a single trailer on her property at John' s Road, east side Main Road, Mattituck, 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 Justice Suter, WHEREAS Richard Principi applied to the Town Board for a single trailer permit dated September 20, 1972 , NOW, THEREFORE, BE IT RESOLVED that the application of Richard Principi to locate a single trailer on Sound Avenue, Peconic, New York, be and hereby is held for study. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, 'Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Justice Demarest, WHEREAS, the Burton Potter Post #$185 , American Legion, Greenport, New York, applied to the Town Clerk for a Bingo License Amendment, 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 required by law, and it is further RESOLVED, that the Town Clerk be and he hereby is directed to issue an amended Bingo License to the Burton Potter Post #185, American Legion, Greenport, New York. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Councilman Rich, offered the following resolution and moved its adoption: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED September 28, 1972 , AUTHORIZING THE ACQUISITION OF LAND SITUATE ON THE TOWN HARBOR ADJACENT TO THE EXISTING FOUNDERS LANDING PARK, IN SAID TOWN, AS AN ADDITION TO SAID EXISTING PARK, APPROPRIATING $38, 000.00 THEREFOR, AUTHORIZING THE ISSUANCE OF �38, 000.00 SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION, AND PROVIDING THAT SUCH RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM. d 317 Recital WHEREAS, 'the Southold ' Park District ' in the Town of Southold, Suffolk County, New York, duly created- as a town improvement district with its own commissioners pursuant to the provisions of Chapter 23.4 of the Laws of 1907 ; ` and"acts 'amendatory thereto, proposes to acquire by purchase a parcel of land ' situate"on the Town Harbor, adjacent to the existing Founders Landing Park in the Town of Southold, as an addition to said existing park; ftow, 'therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF_ SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by fhe *favorable vote of not less than two-thirds of all the- members of ' said Board) AS FOLLOWS: Section' ' l.' The "Southold Park District and the Town of''Southold (herein called "District" and "Town" , respectively) are hereby authorized to acquire by purchase - the certain piece `or parcel of land situate 'ori- thb Town' Harbor adjacent to the existing Founders Landing-'Park in the Town, known as the Overton Property, as an addition to said existing Park. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, 'is $38, 000.00', and said amount is hereby appropriated 'therefor. The plan' of financing includes the issuance of serial bonds' of the Town in ' the principal amount of $38, 000.00 and the assessment, 'levy and collection- of assessments on the several lots and parcels of land within the Southold Park District, in the same manner and at the same time as other District chargesrp to pay the principal of the interest on said bonds as the same shall become due and payable. Section 2 . Serial bonds' of the Town are hereby authorized to be issued in the principal amount of $38, 000. 00 pursuant to the provisions of the Local Finance Law,' constituting Chapter 33-a of the Consolidated-Laws-of 'the-'State of `New-York - (herein called "Law") , to finance said appropriation. Section 3. The following -additional matters-are hereby determined and stated: (a)'' The period 'of probable usefulness of- the-specific object or purpose for which the--bonds authorized by this resolution are ' to be issued, within the limitations of Section 11. 00a. 21 of the Law, is thirty '(30) years . (b) Current- funds are not required-by the =law-to" be provided as a down- paymerit prior' 'to the' issuance of the- bonds authorized by this resolution or of any bond anticipation ri'otes`-issued in anticipation of the sale of-'said - bonds, --pursuant to Section 107. 00 d. 3 (i) of the Law.- = (c) The proposed- maturity of-the "bonds ' authorized by-this resolution may exceed five -(5) years. - - Section- 4. ` Each-of -the -bonds authorized by this resolution and any -notes issued-'in- anticipation thereof - shall" contain the recital of--Validity prescribed by 052 .-00 of - the Law, and - said -bonds an and any notes issued in anticipation- of said bonds shall -be -general obligations of the Town, payable as to both principal and 'interest by general tax upon`all''the taxable 'real property--within the Town without limitation of rate 'or amount. -'The' faith -and credit-"of 'the Town are hereby ir` revocably 'pledged to, the punctual payment of the principal of and interest on -said bonds and -provisions shall be made annually in the budgets of' the Town by appropriation for (a) the amortization and redemption of the bonds to mature in such year and (b)""the -payment of interest to be due and payable in such year. Section 5 . Subject to the provisions of this resolution and of the-'Law,'- and pursuant to -the -provisions of 030.-00 -relative -to the authorization of the issuance of bond anticipation notes and the renewals thereof, and 'of -'050.00-and 0056. 00- to- 60. 00 --of the.. Laws, the powers 'and duties --of the Town Board relative 'to-prescribing 'the terms; form and -contents and 'as -to the--sale and--issuance -of said bonds - and -any "notes '-issued -in -anticipation--of--said "-bonds', -or the renewals thereof, are hereby delegated to the Supervisor, the chief 3-8 fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any bond an notes issued in anticipation of said. bonds, may be contested only if : (a) _ such obligations are authorized for .an . . object or purpose for which the- Town is not. authorized . to expend money, or (b) . the provisions of law which should be complied with at the date of the publica— tion .of .such resolution are not substan -i tially complied with, and an action, suit or proceeding contesting such validity., is . commenced within twenty days after. the date bf .such publication, or (c) such- obligations are authorized in viola tion of the- provisions of the constitution. .Section 7 .. . This Resolution shall be submitted as a. Proposition to the..qualified voters of the Southold Park� District at a Special Election, to be held October 27 , 1972,.- and .this Resolution shall take effect upon approval by said qualified voters at referendum .vote. The. adoption of the foregoing resolution was seconded by Councilman Homan and- duly .put. to. a vote on roll call, which resulted as follows : Ayes : Supervisor. Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Noes: none. The resolution was declared unanimously adopted. Councilman Rich offered the following resolution and moved its adoption : RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED September 28, 1972 , PROVIDING FOR SUBMISSION: OF• A PROPOSITION AT A SPECIAL ELECTION TO BE HELD ON October 27 , 1972, TO APPROVE THE RESOLUTION HERETOFORE ADOPTED BY THE TOWN BOARD OF SAID TOWN ON- September 28, . 1972, SUBJECT TO MANDATORY REFERENDUM. Recitals WHEREAS, on September 28, . 1972 ,. .-the Town Board of the Town of Southold, in the .County ,of Suffolk, New York, adopted a resolution entitled: "Bond Resolution of the Town of Southold, New York adopted September 28, 1972, authorizing the acquisi- tion of land situate on the Town Harbor adjacent to the existing Founders Landing Park, in said Town, as an addition -to said existing park, appropriating $38, 000. 00 therefor, . authorizing the issuance of .$38, 000.00 serial.- bonds of the Town to finance said appropriation, and providing that such resolution shall .be subject to a mandatory referendum. " which resolution is subject to mandatory referendum in the manner prescribed by Articles 6 and 12-A .of the Town Law, constituting Chapter 61 of the Consolidated Laws - of the State of New York; now therefore be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOU.THOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS :. Section 1. A Special Election shall be held on October 27 , 1972 at .6 :00 o 'clock P.M. (D.S .T.) and the polls shall remain open until 10 :00 o ' clock P.M. (D.S .T.). or as much longer as may be necessary to enable the voters then. present to cast -their votes.. Voting will be at lst Floor of Southold Fire House, Southold, New York, in -said Town. Section 2. The Town Clerk shall cause the Notice of such Special Election to be published at least once in "L. I. Traveler- Mattituck .Watchr4an" whereby designated the official newspaper of the Town for such publication and in the Suffolk Times, and to be. posted on. the sign board of the. Town maintained pursuant to subdivision ,6 of Section 30 of the Town -Law, add in at least five (5) conspicuous public places in the Southold Park District, said publication and k _ 2 39 posting: to be at least twenty (20) days before ,such_ Special Election. Section. 3. _ The Town Clerk.. is hereby authorized and directed to include in the e Notice, of the- Special Election, Notice that the Town Board.will submit at. said Special Election a Proposition for the. approval or disapproval of the resolution hereinafter referred to, in such Notice. Section 4. , Said Notice shall be in substantially the following form_ : _ TOWN, OF SOUTHOLD, NEW YORK NOTICE ,OF SPECIAL ELECTION NOTICE_ IS HEREBY GIVEN that a Special_ Election will be held on October. 27 , 1972, in the Town of Southold, in the County of Suffolk, New York, at lst Floor.. - Southold Fire House, . Southold, New York, in - said Town and will be limited to electors of the Town- residi_ ng. in Southold Park District, in the Town of Southold, and/or the owners of taxable real property situate * thin said Distr.i_ct, as shown upon the latest completed assessment roll of said, Town, including corporations, wkich for such_ purpose. shall .be entitled to one .vote to be cast by an officer or agent of such corporation or such other duly authorized person. desi.gnated by. an, appropriate resolution .of such corporation. The polls . shall remain open. from 6 :00 o ' clock P.M. (D.S .T.) and 10 :00. o'clock P.M. . (D.S.T. ) , or for ,such longer period of time as may be necessary to enable the voters then present .to cast their ballots. At said Special Election the following Proposition is to be voted upon: PROPOSITION SHALL the resolution entitled: "Bond Resolution of the Town of Southold, New- York, adopted September 28, 1972 , authorizing. the acquisition of land situate on the -Town Harbor: adjacent to the. existing Founders- Landing Park, . in , said . Town, , as_.an.- addition to,-said- . existing park, appropriating . $38, 000.00 therefor, , -. authorizing the issuance of $38, 000.00 serial bonds of.. the Tow_ n to- finance said: appropriation, and -.providing. that such resolution shall be subject to a mandatory referendum. " _ . . _ . . An. abstract. of said Resolution, concisely stating the purpose and effect thereof, being as follows : _ FIRST,: RECITING that.- the heretof.ore� duly._ereated Southold Park District. proposes to. acquire:.by .purchase, a parcel of. .land - . situate on the Town Harbor. adjacent-. to the existing Founders Landing Park in the Town of- Southold, " known. as the -Overton Property, as an - addition� to. said existing ,park; y SECOND: AUTHORIZING' the .Southojld Park District -(.'_'District") and the- Town- of _Southold ( "Town") to acquire said property .as...here- inabove described;.-.STATING that the estimated .maximum cost. .thereof is $38; 000.00; APPROPRIATING said amount therefor; and STATING that the plan of financing includes the issuance of serial bonds..of the Town in: the principal amount of , $38., 000.. 00 and the_ . assessment, levy and collection of- assessments . on the--several lots and ,parcels of land within.th&. Southold Park District, in the. same manner and at. the same time-.as other District charges, to. pay the.-principal of and interest on_ said .bonds . as . the same becomes _due and payable; THIRD:. AUTHORIZING the issuance of $38, 000. 00 serial bonds of the Town to finance said appropriation; FOURTH:..: - DETERMINING that the period of : probable usefulness of said specific object or purpose is thirty (30) years; ,. tha t current funds are not required to be provided prior to the issuance of said bonds or of any notes . issued,..in anticipation , of_. the sale. of said bonds ; and that said bonds may have a .maturity_.:in : excess of-five (5.). years; FIFTH: DETERMINING that said bonds and any notes issued in anticipation of said , bonds: shall be .gen.eral obligation-.s of the .Town and PLEDGING •.to- their. payment! and- .fa_ ith . and".credit of: the Town; : . SIXTH: DELEGATING to the Town Supervisor the powers and duties as, to-. issuance .of said bonds and. of, any notes issued, in , anticipation of said bonds., or the renewals thereof; SEVENTH: DETERMINING that the resolution be submitted as a Proposition to the qualified voters_, of. the. District at a Special 4-0 Election"- ' to be held October 27 , ' 1972, and the 'resolution' shall 'take effect upon app'roval' by said qualfied voters at referendum- vote. Dated September 28, 1972 /s/aAl'bert W. 'Richmond, Town-Clerk. Section 5'. At the said Special' Election, ' the vote upon the said Proposition shall' be- 'by separate ballot and the only persons qualified to vote upon -the said Proposition shall be ' the electors of' the Town residing in' the District and/or the owners of taxable real property situate in the District, as shown upon the latest preceding assessment roll thereof; `.including corporations, which for such purpose shall be entitled to one vote to be cast by an officer or agent of, such- corporationIor:" such other duly authorized persons designated by an 'appr'opriate 'resolution 'of such corporation. Section' 6. Forthwith after the referendum is held pursuant to Section' 20'9-e of the Town Law, the Town Clerk shall prepare' and file a certificate 'stating a, refe'rendum was held pursuant to the provisions of said Section and cer"tifying" the results of 'the voting on the Proposition submitted at such: referendum ' in the- office of the County Clerk' of Suffolk .County and in the" office of the' Department of Audit and Control, in Albany. Section 7.' This resolution shall take effect immediately: The adoption 'of the foregoing resolution was seconded by Justice Demarest and- duly put to a voter on roll,'call, ' which resulted as- follows : Ayes : Supervisor Martocchia; Councilman Rich,- Councilman Homan, Justice Suter-, Justice Demarest'. ' Noes :- None. The resolution was declared unanimously adopted. Moved by Councilman Rich, seconded by Justice Demarest, WHEREAS, this Town Board deems it in the public interest and in the promotion of health, safety, moral or- general welfare to the Town of Southold that certain premises is Southold',' Town- of Southold, County of Suffolk, New York, here after' more ' fully described be rezoned from "A" Residential and Agricultural District to- "B=l" General'- Business District, . NOW, THEREFORE, BE IT' RESOLVED that the Building Zone Ordinance of the Town of Southold, including th'e Building Zone Maps be amended by the Town Board on its own motion by changing ' from "A" Residential and Agricultural District to "B-1" General Business -District, and following described property: Beginning at a' point- on ' the westerly line of Mechanic Street where' said line is intersected by the line between Zone ' A and Zone B-1; from said point of beginning' running southerly 'along 'said westerly line- of Mechanic Street, 620 feet, more or 'less , to land of Rimmler; thence westerly along said land of Rimmler 463 feet, more or less, to Wells Avenue; thence along said Wells Avenue, two courses : (1) Westerly"l5'0 feet, more or less'; -thence ('2) Northerly 471 feet, more or less; to said line between Zone A and' Zone' B-l ' thence easterly along said line, 580 feet; more or less', to` the -point of beginning. Containing 7 acre's, more or less. BE IT FURTHER- RESOLVED, 'that pursuant to Article XVI, Section 1600 of the Building Zone Ordnance of the- Town of Southold; the Town Clerk be .and he hereby is authorized and directed-' to transmit- a copy of thi s resolution and map" of the 'property described to the Planning Board of the Town of Southold with a written request instructing said Planning Board to prepare an official -report concerning the same together with their recommendation. = Vote of the Town Board; Ayes: Supervisor Martocchia,-`Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. The Town Clerk presented the Town Board with 'the Tentative Budget for 1973 'as required by law. Moved by Justice Suter, seconded by Justice Demarest, -it was' RESOLVED thatthe Town "Board accept the Tentative Budget' for 1973 as presented by the Town Clerk. ` Vote of the Town ' Board: Ayes : - Supervisor Martocchia, Councilman Rich, Councilman Horan, Justice Suter, Justice Demarest. Meeting adjourned at' 4 :05 P.M." Albert W. Richmond, Town Clerk