HomeMy WebLinkAboutTB-05/24/1966 MEETING OF MAY 24, 1966 .
The Southold Town Board met at�'the office of the Supervisor, Lester M.
Albertson, Greenport, 'New York, -on May 24., 1966 with the. folhowing
present: Supervisor. Albertson; Councilmeri Demarest and Valentine;
Justices Tuthill and Clark; ' Suet: of Highways Dean; Town Attorney
' Tasker and Towh� clerk Richmond.
Moved by -Justice Clark;, seconded by Councilman Demarest;
. RESOLVED: That the minutes bf the regular meeting -of May loth and the
Special meeting of May 13, 1966 be and they are hereby approved.
Vote of Town''Board: Ayes-Supervisor Albertson; 'Councilmen Demarest
and' Valentine; ,Justices Tuthill and Clark. `
Moved by Justice' Clark;---secorided by Councilman Valentine; -
RESOLVED: That the next meeting of the Town Board will 'be- held at the
office 'of the Supervisor, Lester .M. Albertson, 16 South`Street;" Greenport,
New York, on Tuesday, June- 7, 1966 at 3: 00 P.M."
Vote of Town Board: Ayes-Supervisor Albertson; ' Councilmen- Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Justice Is Tuthill; seconded by Councilniari Demarest;
WHEREAS, Isadore Krupski has applied to the Town 'Board for a single
trailer renewal permit dated May -20, 1966,.
NOW;' THEREFORE, BE IT RESOLVED: That -the application,-of Isadore Krupski
to locate a singel trailer- on 'hLs property at Peconic, N.Y. be and
hereby''is granted for a six (6) month .period.
Vote of"Town.Board: Ayes-Supervisor Albertson; ' Councilmen Demarest
and Valentine',-' Justices Tuthill and Clank:
Moved by 'Justice Clark; - seconded by. Justice- Tuthill; - -
WHEREAS, Minnie Wilson applied _to the Town Board for a single .:trailer
renewal 'permit dated May -5; 1966,
NOW, THEREFORE, 'BE--IT RESOLVED: That the application of Minnie Wilson
to locate.-a 'single `tr'ail'er on .the property of Claude Wilson, Middle
Road, Cutcho' gue; -N'.Y.' be and he reby is 'granted for. apperiod of six
(6) month.O.
Vote of Town: Board: - Ayes='Supervisor Albertson; Councilmen Demarest
and Valentine; Justices 'Tuthill: and Clark.
Moved by Justice Tuthill;. seconded -by Councilman Demarest;
WHEREAS, Franklin R: Saunders has applied"to the- Town Board for a
single trailer renewal permit dated May 24; 1966,
-NOW;- THEREFORE,-. BE IT-RESOLVED: That the application of Franklin R.
Saunders to ,locate a single trailer on the property of Sophie T.
Saunders, Main:'Road; Laurel, N.Y. 'be and the: same is granted for a
period -of six (6) months.
Voteof Town Board: Ayes'-Supervisor Albertson; Councilmen Demarest
and Valantine;- Justices Tuthill and Clark.----
. . Moved by--Justice Tuthill; seconded byy-Justice Clark;
WHEREAS, John J. Klein, Sr . -has- applied ,to the Town Board for a single
trailer renewal permit dated May 24', -1966,-
NOW, THEREFORE., BE IT RESOLVED: That the application of John J. Klein,
Sr�., ' to lodateoa single trailer on-his property; Main Road, Mattituck,
N.Y. ,be and hereby- is -granted for a six (6) month period.
Vote of Town: Board: -Ayes-Supervisor 'Albertson; ,Countilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Justice. Clark; seconded- by Councilman Valentine;
WHEREAS, -Thomas Lacolla applied to- the Town Board for a single trailer
renewal "permit dated May 10, 1966,
NOW, THEREFORE, BE IT RESOLVED: That the application of Thomas LaColla
to locate a single trailer on property of Joseph A. LaColla Sr. , Arsh-
amomaque, N.Y - be- and hereby is granted for a six (6) month period.
Vote of Town Board: Ayes-Supervisor Albertson; councilmen Demarest
and Valentine;` Justices Tuthill and Clark.
Moved by Councilman Valentine;. . seconded by Justice Tuthill_:
WHEREAS, R. P. "MeTeague has applied to the Town Board for a single.
trailer permit dated May 17, 1966, ` .
NOW., THEREFORE, BE IT' _RESOLVED: That the application of R. P. McTeague
to locate -a single trailer on Wickham Road, Mattituck, N.Y. be and the
same is hereby denied.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest . -
and Valentine; Justices Tuthill and Clark.
Moved by .Councilman Demarest; seconded.by fusiticie Tuthill:
WHEREAS, George''- D.' Damien has .applied .to the Town Board for a .single
trailer permit dated May 24, 1966,
NOW, THEREFORE,. ..BE IT RESOLVED: That the application of George D.
Damien to locate . a single trailer 'on Main, 5th and Jackson St., New
Suffolk., N.Y. be and the same is' hereby denied.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen. Demarest
and Valentine; _Justices�Tuthill. and.,Clar`k. `
Moved by Justice Tuthill; seconded by Councilman Demarest
WHEREAS, the Town Board on its own motion proposed a change of the
Building Zone ordinance. of the. Town of .Southold, Suffolk..County,
New York, and
WHEREAS, the said petition `.was..referj�ed to, the Planning Board for
its official recommendation.and report, and
WHEREAS, the Town Board pursuant. to due notice thereof, held ,.a hear-
ing on May 13, , 1966 at which time .a11 `interested persons wer,e. given'
an opportunity to be heard,
NOW, THEREFORE, BE IT RESOLVED; That the Building Zone Ordinance of
the Town of Southold, Suffolk ,County, New York, be .amended as follows:
1. By amending ARTICLE IV B of said ordinance by adding a new
section .thereto to be Section 442, to reach as follows:
..SECTION 442 - .Notwithstanding any other `provisions ,-
` of this Article,, a building or a combination of build4,
ings containing retail stores, mercantile establish-
merits, offices, banks, and financial institution,,
commonly known as shopping centers, .may be erected or
e
altered in the 11B-2" Business District-, subject, to
the, following requirements:
1. .The. lot ;.shall be not less than one. .(1) acre.
2. At least .twenty-five .(25) per cent of .the ,lot
area shall be. landscaped with. grass and plantings.
3.. The required front yards shall .]be not less 'than
twenty-five (25) feet except that where the .pr,operty
in the vicinity- is 'partly built up with permanent
buildings. and an average ^setback 'line has, been
established. No buildings shall project beyond the
line of 'the average setback so established.
4. The -required side yards shall be not less than
twenty-five (25) feet.
5. The required rear yard shall be not less. than.
twenty-five (25) feet.
6. Parking 1. shall be provided in offstreet paved. . :
parking areas which shall provide for one (1)
Parkin'_.space, three. hundred thirty-four (334)
square feet in area, for each one hundred (100)
square feet of sales floor area or office floor
area in-each building.
7 . All rainfall and storm water accumulated on the
premises shall be returned to the ground wi_ thin. the
boundaries of the premises.
Ii. By- amending ARTICLE VII, Section 703 " of 'said Ordinance to. read
as ..follows:
SECTION 703 - No building shall be erected or added to
.,until a permit therefor has been issued by the Building
Inspector.
2 3
III. By amending :ARTICLE.X .gf..said. Ordinance. by adding
thereto a new section to be Section 1008, to read as follows:
SECTION 1008 - Notwithstanding ,any .other provisions
of this :Ordinance, no multiple dwelling shall, be
:. erected, altered or used.which does not provide
a lot area of at least . twelve thousand five hundred (12, 500) square
feet for each family or dwelling unit.
Vote of. .Town Board: Ayes-Supervisor Albertson; Councilmen. Demare,st
and Valentine;.'. Justices Tuthill and. Clark.
Moved .by Councilman Valentine; seconded by Justice Clark;
RESOLVED:. That .the Town Clerk be and he hereby is directed to request
the .Long. Island .Lighting .Company to .install the following- overhead
street lights:
One .'(1).. 400 MV street light on -LILCO pole #205, Route 25 in front
of the East Cutchogue School in the Cutchogue Light District..
One (1) .175. MV street light on NYTCO pole #39J, Boisseau Avenue,
Southold, N.Y. across from VFW, Hall, in the Southold Light District.
One: (1) .100 cp street light -on LILCO pole #3, Harbor, Lane, East
Cutchogue, jn= the Cutchogue Light District.
Vote: of Town Board:, Ayes-Supervieor Albertson; Councilmen Demarest
and Valentine; Justices ,Tuthill and Clark.
Moved by Councilman Valentine;- seconded by Councilman Demarest;
WHEREAS, Greenport Fire Department, Greenport, N.Y. .applied to the
Town Clerk for. aBingo .License, and
WHEREAS, the Town Board, has: examined the application and after invest-
igation- 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 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 Greenport Fire Department,. Greenport, N.X.
Vote. of. Town ,Boards Ayes-Supervisor .Albertson; Councilmen Demarest.
and Valentine; Justices, -Tuthill and .Clark. . .
_-Moved by Councilman Valentine; seconded by Councilman Demarest;
.WHEREAS,..this Town Board deems it in the best interest of the Town -
of Southold, Suffolk.Courlty, New York, that an Ordinance entitled
"AN ORDINANCE .REGULATING THE. TAKING. AND THE. MANNER OF TAKING. SHELLFISH
.IN _THE. TOWN. OF SOUTHOLD" be adopted,NOW, THEREFORE, BE IT RESOLVED:
That.:aa public .hearing .will. ,be held by the Town Board. ,of the Town- of
Southold at. the Supervisor' s Office, 16 South. Street, Greenport, N.Y. ,
on the 23rd day of June, 1966 at 7: 30 P.M. on the matter of the
enactment of. the .following Ordinance., to wit-:
SECTION I. Title... . .
This ordinance shall be known as the "Shellfish Ordinance of the
Town of Southold" .
SECTION II. Definitions,
(a) The term "town waters" shall bel"deemed, to mean all waters and
lands under tidewater in any harbor bay or creek, title to which and
the :right . of fishing in.which is vested in .the Town of Southold and/or ..
in the Board of Trustees of. the Town of Southold.
(b) :The term "permanent resident" shall mean a person who has,, dur-
ing the period of not less than sixty (60) days immediately preceding
.the date- of his application for a license hereunder, . or the date of
taking shellfish if no permit is required, maintained a permanent
dwelling within .the Town of Southold.
(c) The term "guest" shall mean a person who occupies living quarters
in. .a dwelling .maintained.by a permanent resident.
(d) The _term `.'temporary resident" shall mean a person who :has, during
the .period of not less than seven (7) days immediately preceding the
date of his application for a license hereunder, occupied living
quarters within the Town of Southold.
f,
(e) The term "shellfish" shall mean clams, escallops, and oysters.
(f) The term "commercial purposes" shall mean any use or purpose
6
other than for food consumption by 'the persons taking shellfish or by
memliers of such .person!s :household.
SECTION 111. Taking of Shellfish. .
.(a)-..Shellfish- may be .taken from town- waters :for commercial purposes
by a permanentresident, -`over the --age of sixteen: (1-6) years, upon first
obtaining a commercial shellfish permit therefor from the Town: Clerk -of
the Town of Southold.
(b) ' Shellfish may be taken from -town. waters by -a. temporary -res_ -.
ident upon first obtaining a•-temporary .resident°shell fish- .permit.
therefor from the Town Clerk of the Town of Southold.
(c) Shellfish may betaken from town waters for noncommercial pur-
poses by 'a' permanent resident without obtaining -a permit• therefor. , _
(d)-- Shellfish. may be taken ,from town waters -for- noncommercial pur-
poses without obtaining a permit therefor by a guest when :accompanied
by a permanent resident in-whose dwelling such-•guest.. occupies living..
quarters.
(e) No person not a permanent resident, a temporary resident or
a guest accompanied- by a permanent resident' shall' take shellfish-In...
any manner: at any time from town. waters: ,
SECTION IV. Escallops.
(a) Escallops may -not be taken from town. waters' during the,_per-iod
from April 1 to the 3rd Sunday -in -September, in each year.-; - both dates
inclusive.
(b)' Subject* to the provisions -.of-.'.this !section,= during the period
from the 3rd Monday in September. to Octobert% -in each year,, :both dates
inclusive, not more than two (2) pecks of escallops may be. taken from
town waters'= in any one day by. hand' or with . a scalp -net...--
(c) • Subject to the ,provisions ,of this -section, during •-the, •period,
from October 10 to March 31, both .dates, -inclusive, .escallops .'May be.
taken from town waters With a dredge 'or scrape, having, an opening' at.
the mouth of not more than 36 inches in width..when towed by. a boat
operated by mechanical. .power .or :other means, provided that such -dredge
or scrape is brought aboard the boat by hand power without the -use: of.
a. mechanical.*-device.
(d) Subject to the provisions- of this section, -a :permanent xes-
ident, .temporary resident or a guest when.- accompanied by.. a permanent
resident., may take from town waters not -more -than two. (2) -pecks. .of .
escallops in any one day for other than . commerciak.purposes.
(e) Subject to the provisions of this section, not more than, ten
(10) bushels ofescallops may be taken from town waters: for commercial
purposes in any-'one. day by any one person. Two .or more persons, -occupy
ing the same boat may take;� 'in the aggregate, - not more than-twenty (20)
bushels of escallops in one day for commercial purposes. The presence
of more than twenty (20) ,bushels of escallops onany boat' in' town.waters
shall be deemed presumptive evidence-. of a violation -of this subdivision.
(f) Escallops shall not be _taken from `townwaters during the :
period from sunset' to' sunrise.
(g) Escallops shall not be taken- from town waters on-Sundays- except
by. hand -or with a scalp net.
(h) Only escallops having an annual growth line or- measuring.-more
than 2�4-, inches from tlioiddle of -the- hinge to the- middle .of• -the bill
may be. taken from the/waters.
SECTION V. Clams.
(a) -. A3 •clams• less than one, inch in thickness shall" not' •be taken
from, the/waters.
(b) Soft or steamer clams less than two- inches -in -the longest
diameter shall not be taken from town waters.
(c) Churning- by power may- be employed -in the taking of soft clams
ori:.�lands- below low tide .line in town- waters.
(d) A permanent resident, a temporary resident or a guest -accomp-
anied by a permanent resident may-take'-not more than two (2) peeks
of clams from town waters in one -day for noncommercial purposes. -'
-SECTION VZ..... Oysters. i
(a) Oysters shall, not -be taken -from •town waters ,during=•the period
from May l to August 31,1in each year, both dates inclusive.
(b) -. Oysters -shall not- -be taken- from town' waters during the -period
from sunset--to sunrise., -
- -
(c) Only oysters -measuring more ,than 3 inches -from-the hinge
to the, bil1 may be taken from town.waters.
(d) A permanent resident, a temporary resident or a guest when
accompanied by a permanent resident may take not more than'two �(2)
pecks of. oysters from town _waters in any one clay for other:'than. comm-
ercial purposes. .
(e) Not more than five. (5) _,bushels of oysters may betaken from
town waters for commercial purposes - in one day by 'Any`one person. Two
or more persons occupying the same boat may take, in the aggregate, not
more than ten (10) bushels of oysters in one day for commercial purposes.
The presence of more. than ten (10) bushels of oysters- on. any boat- -in
town waters shall be deemed presumptive evidence of a violation of
this subdivision.
SECTION' III. Permits.
(a) The fee for a commercial shellfish permit shall be '$5.00.
Such permit shall expire on December 31 of the year .of issue.
(b) The fee for a.,temporary resident shellfish permit shall be
$5"000.. Such permit -shall'.-be issued only for- the period ''of time that'
such temporary resident occupies living quarter' s within the Town of
Southold.
(c) The holder of, a shellfish permit shall carry`the' permit`
assigned; to him on his person while engaged in the permitted activities,
and -the failure of such holder to exhibit his permit to an enforcement
officer shall be presumptive evidence that no valid permit has been
issued to him.
SECTION VIII. Culling Shellfish and Restoration
of Underwater Lands.
(a) Shellfish shall be culled when taken. All shellfish taken
which do not comply with..the provisions of this ordinance shall be
immediately returned alive to .the water.
(b) All lands under'- town` waters disturbed by the taking of
shellfish shall be restored to their condition prior to the taking of
such shellfish by the person taking such shellfish.
SECTION IX. Restricted Areas.
Shellfish shall not be taken from any town waters which have
been restricted by the Town Board of Trustees provided such restricted
areas shall have been properly designated by resolution duly passed
by said Board of Trustees, and properly staked, and notices posted by
said Board of Trustees.
SECTION.X. Transplanting Shellfish.
Notwithstanding any other provision of this ordinance, the Town
Board of' Trustees may authorize the transplanting of shellfish in town
waters of any age or size, subject to its supervision, when it shall
find that such shellfish are in danger of destruction as the result of
predators or other causes.
SECTION XI. Penalties.
(a) Any person convicted of a violation of any provision of this
ordinance .shall be deemed to have committed an offense against such
ordinance, and also shall be liable for any such violation or penalty
therefor.
(b) For every violation of any provisionsof this ordinance, the
person violating the same shall be subject to a fine of not more than
One Hundred Dollars ($100.00) or imprisonment not exceeding thirty (30)
days, or by both such fine and .imprisonment.
(c) A second convictiofl for a violation of any of the provisions
of this ordinance within a period of one year shall constitute and effect
an immediate forfeiture of a permit issued to such person. No new permit
shall be issued to such person for at least one year after such for-
feiture.
(d) Any person violating this ordinance shall be subject ,to a
civil penalty enforceable and collectible by the Town for each such offense
Such penalty shall be collectible by and in the name of the Town.
(e) In addition to the above provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name of
the Town in a Court of competent jurisdiction to compel compliance with,
or to restrain by injunction the violation of, this ordinance.
SECTION XII. Repeal.. .
All ordinances or regulations heretofore adopted `in conflict
with this ordinance are hereby repealed
SECTION• XIII. Saving Clause; . '
If any- clause, sentence, paragraph; section or';part''of this
ordinance shall 'be adjudged by any Court'of competent jurisdiction to'
be invalid, such judgment shall not affect, . impair or invalidate the
remainder thereof, but shall be confided in' ts. operation 'to 'the clause,
sentence, paragraph, section or part thereof directly involved in the
contkoversy in whi.ch 'such judgment shall have been rendered, -:-
SECTION XIV. Effective Date.
This ordinance shall take 'effect immediately. '
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest .and
Valentine; Justices. Tuthill and Clark.
Moved by Justice Clark; -seconded by"Councilman _Demarest;
WHEREAS, this Board deems it. in the best interest ofthe Town of Southold,
Suffolk County,. New York, that the. New York Building Code be' adopte' d"
by the Town of Southold;
NOW, THEREFORE, BE IT .RESOLVED: That. an informal hearing be held"on
June'.. 16; 1966 ..at `7:30- P.M. 'At, the Supervisor' s' Office, 16. South Street,
Greenport, New York, . ori the proposal for the adoption of the. New York
State Building: Code.
Vote of Town Board: Ayes-Supervisor Albertson; 'Councilmen Demarest_ and..
Valentine; Justices Tuthill and Clark.
Adjournment.
Albert W. Richmond
Town Clerk
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