HomeMy WebLinkAboutTB-02/16/1965 MEETING OF FEBRUARY 16, 1965
The Southold Town Board met at the ,office of Supervisor Lester M.-
Albertson .at Greenport, New York, on Tuesday, February16, 1965 . The
meeting, was called to order at 3.:00 P.M. with .the -following present:
Supervisor Albertson; Councilmen Demarest and Valentine; Justices
Tuthill and Clark; Town Attorney Tasker; Superintendent of Highways
Price and Town Clerk Richmond.
Moved by Justice Clark; seconded by Councilman Demarest;,
RESOLVED: That the minutes..of February 5, 1965 be and hereby are
duly approved.
Vote_ of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Councilman Valentine; seconded by Councilman Demarest;
RESOLVED: -That the regular 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, March 9, 1965. at 3: 00 P.M...
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valert ine; Justices Tuthill and Clark. `
At 3:00 P.M. in accordance with a notice published. according to law,
bids were opened t furnish the Town of_ Southold overhead signal lights
at Mattituck, N.Y. on the new Country Road Route 27, The following
bids were received:
Long Island Signal Corp $1875 .00
Littlefield Alger Signal Co.--------------- 2696.00
Moved by Justice Tuthill; seconded by Councilman Valentine;
RESOLVED: That the bids for signal lights be held by the Town Board
for further study.
Vote of..Town Board: Ayes=SuperviTsor Albertson; Councilmen Demarest
and Valentine; ,Justices Tuthill and Clark.
At 3: 30 P.M. in accordance with notices published according to law,
bids were .opened for proposals for.. f_urnishing the Town of Southold one
(1) new ,1965 seven-passenger. Travel ,Van or. equal, for the use by the
Assessors. The following bids were submitted:
Greenport Auto Sales---------------$2300.00
Southold Dodge--------------------- 2874.00
2.650.00
Tryac Trucking, Equipment Co.------- 2998.00
Moved by ,Justice Clark; seconded by Justice Tuthill:
RESOLVED: That the bids for the Assessor' s Car be .turned over. to
Attorney Tasker for his study.
Vote. of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Justice Tuthill; seconded by Councilman Valentine;
-RESOLVED: That the Supt. of Highways of the Town of -Southold be
authorized to .advertise for bids and to purchase from the lowest
responsible bidder, the following tires and tubes, or equal:
20 - .10.00 x 20 12-ply Tires and Tubes
.4 - 7.50 x 20 8-ply: Tines and Tubes.
2 - 6.70 x 15 4-ply Tires and Tubes
2. - 7.10 x 15 4-ply Tires and Tubes
2 6.50 x 16 -6-ply Tires and Tubes
Vote .of Town .Board: Ayes-Supervisor Albertson; .Counci lmen Demarest
and Valentine; Justices Tuthill and Clark.. '
Moved by. Councilman Valentine; seconded by Councilman Demarest;'
RESOLVED: That Supervisor Lester M.. Albertyson,;.beoandihe :eby»±aL-author-
ized to purchase one (1) Bay Station Radio.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
` 8
Moved by-Zustice Tuthill; seconded' by Councilman Valentine; .'
RESOLVED: That -Supervisor Lester .M.•`Albertson;be ands hereY.y `is auth=
orized,,to advertise for, bids to purchase one-'-100 ' foot`-Radibi Tof#er ;and
Antenna.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest`
and Valentine; Justices Tuthill and Clark.
Moved by Justice Clark; seconded by Justice Tuthill':'
WHEREAS, Martin D. Schluensen, .by. petition verified, the Tth`day of
December, 1964, petitioned the .Town Board for a change• of' zone ',of- ' ',
certain real property described- in said- petition from "A" Residenti=
al and Agriculural, District tc) "B" 'Business District'; and`.
WHEREAS, the said petition was referred to the Planning Board for
its official recommendation and report, and ;; =
Whereas, the Town- Board 'pursuant to`due •notic4 'thereof-;
hearing thereon ont the-' 28th day of--January; 1965, at which' time a`l1'�
interested persons.were given an-`opportunity`'to be- heard,
NOW, THEREFORE ' BE IT RESOLVED: That the -Southold•Town Building Zone,
Ordinance including the Buikd'ing Zone- Maps;''.be-amended- from "A" Re's-
idential and Agriculural District to "B" Business District on the . -
following• described pr-operty: ,'
ALL that certain tract or parcel 'of land' situated
in Southold; Suffolk County', New York, - and more"
particularly bounded and described as follows:
BEGINNING at a point on •the•`northwesterly line; of the
Main .Road. about 1,000 feet- 6outhwesterly, alongrsaid
northwesterly 'line `from k6ker'ly` Fond-'Lane, said .point
of beginning being the-- southerly 'corner' ofW llo'w.'_Hi1:,I
Cemetery; from said point of beginning running along
said northwesterly line of the Main Road, S. 39003100719-
W.207.46 feet to"'an iron pipe and land of Goldsmith;
thence along said land of Goldsmith N. 46024110" W.-
82.0 feet to an iron pipe; thence along said- land of
Goldsmith and along 'Itizid of -Walters N. 0700011
E.-151.36.36 feet--to an -iron- pipe; thence along said land' ,
of Walters N. 4-403712011- W,-148:96 feet to an iron pipe
on the southeasterly line •of Lower Road; thence along
said southeasterly line of Lower Road, N. 32010120" E.
50.'0 feet to said Willow Hill Cemetery; thence along
said Willow Hill" Cemetery S. 4605213011--E.-228.28 feet
to the point of beginning. Containing 0,545. acre.
BE IT. FURTHER RESOLVED: That the Town Clerk be and he hereby is
authorized- and directed to cause notice of said amendment to -be
posted and published pursuant to law.
Vote of .Town Board: Ayes-Supervisor Albertson; - Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Councilman Valentine; seconded by Councilman Demarest;
WHEREAS, the' Town Board of the Town of Southold held a:-public Hearing"ti>
at the ' Supervisor-' s Office, , 16 South Street, Gre-enport, -New-'York,-
on the 27th day-of` August, 1964- at 7:30 P.M. on the question'- of the-'
enactment of an Ordinance entitled "The Excavation- Ordinance of the
Town of Southold" at which time 'all interested persons were given .
an opportunity to be heard, and
WHEREAS, the Town Board of the Town of louthold deems it in the public
interest that said proposed Ordinance should be enacted, '
NOW, THEREFORE, BE IT RESOLVED AND ' ORDAINED, ,That the Town 'Board 'of-
the Town of Southold enact- the following ,Ordinance; to: wit:".
(Copy of Ordinance on following page 49)
Vote - of Town Board Ayes-Supervisor -Albertson; Councilmen Demarest.
and Valentine; -Justices Tuthill and Clark.
NOTICE established character- of the neighbor- equivalent, of.such height as shall be required to be performed,and`to-furn- SECTION-XV, Repealer.
hood-or, depress ;the value of•.Other specified by.the Town Board as neces- ish the materials re
NOTICE M. HEREBY CIIVEN- that - � required to'be Earn- . 'It is further provided"that as tors
lands generally in,such neighborhood; sary for the protection of the public ished b p the Town Board of the Town of-South- -and y said a proved plan of reliabii and. g�'avel pits, exeadatfon and"t
considering the Particular circum- itation at or before the times specified soil removal'businesses maintained
old, Suffolk County, New York;.•at the ' (g) 'the-proposed,�operations are set, stances. of the terrain and location, in the schedule of
regular meeting thereof held on the - progress -approved in operation at the date of•the a�
back at;least 20o.,feet-from-.any road,' substantially erected and with no open- connection therewith,.or to do any'tion of'this ordinance, that suCh'li
! i6th: day of February, 1965, adopted -street, avenue or highway and are set ing except• necessary gates.for ingress of the other things-required to be'
the.following Ordinance: back at least-150 feet from any prop: and egress shall be erected to prevent q per- ilesses and operations are hereby grt
e,f ORDINANCE. REGULATING - P formed by this ordinance such bond ed until"March 1, 1965 .to.obtain
erty •line;.provided, however,,that .in public•access to the top of any pits or shall be forfeited upon Written 'notice mits and;licenses,`as provided'in
AND CONTROLLING THE the' case of operations in;existence at steeply graded slopes.
EXCAVATION AND REMOVAL OF of such default or failure being mailed ordinance, 'and except as,hereiial;
the effective date:of of-ordinance, (c) Bank.,and pit excavations shall by registered mail to the permittee it provided, this"ordinance shall take
SAND,- GAVEL; TOPSOIL AND where the present.front,-side,or rear not;extend nor shall topsoil;be stripped the address stated in the application and .feet immediately upom publication
OTHER MATEIPAL6. setbacks of such operations are less or removed within one hundred fifty upon failure b the y permittee to""cure notice of adoption t2iereof;as,provi
This ordinance- shall be known as than the, iequirements. hereof, such (150,ft.) feet of any.property line and such default within 'sixty (60) •days 'by the.Town Law of,tlie'•Siate;of I
-"THE- EXCAVATION' ORDINANCE .operations shall'not lie extended be- two hundred (200 ft.) feet 'from the after the mailing of such notice. The York.
OF THE TOWN OF.SOUTHOLD", -yond, such present front, side or rear front line-of any. street,;road, avenue sixty-day notice of such default or fail- •BY ORDER OF THE
*SECTION 1; setbacks•lines or hi hway except when incident to the
= g. ure of performance may be given at SOUTHOLD TOWN;BOARD
''-The regulation and, control- of the (h) the proposed operations are.to construction of a cellar; except that in any time after such'default or failure DATED: BtBRUARY 16, 1965
general regrading_.of land, -extraction be conducted upon premises having an case of•a bank excavation he same may of performance and no`default or fail=` ALBERT W. RICHMOND_
And removal -of,%rth- products, and area- of not less"than 20 acres;--:pro begin, at a street .or road 'line. The are of performance shall,.lie deemed TOWN CLERK.
Qther excavations are necessary to •vided, however, that the provisions of. term bank excavation refers to an ex-• y�
waived .or excused b¢ any delay or
protect and to prevent serious and this Paaaph`shall riot'apply in"the" cavation which is not carried below failure to mail notice`thereof or. •by=
ifrrbpaiable - damage= to the publio case of.operations in existence at the the.,.grade of the street-or road men-- any subsequent renewal of. a permit
lief ith, safety and general welfare as 'effective date.-of-this ordinance-upon tioned in the preceding,sentence. under this ordinance.
�. hell-as to make effective them;geiieral Premises having-an area of less. than (d). All slopes shall be excavated and (b) Said bond shall remain in full
purposes of comprehensive ,planning 20 acres maintained Auring,operations at safe force and effect until released or until
and zoning. SECTION VI. Application for Permit. angles of repose to prevent erosion the original amount thereof is reduced
SECTION 11 Before any-,excavation is commenced thereof and .erosion ,or collaspse of by the Town-Board upon issuance of
These -regulations and controls are for any. purpose other than those ex- upper grade surfaces,above such slopes, a certificate of completion or-of par
intended to prevent the following cepted in Section IV of this ordinance -and,final slopes shall not be inclined tial completion by the Town Board,
conditions from occurring; or topsoil, earth,- sand, gravel, stone steeper than one foot vertical on one certifying that all provisions of this'
'(a) the interruption and diversion of 'or, other minerals are removed from foot horizontal.;All slopes,shall be pro- ordinance and conditions of the permit
natural watersheds`,and drainage lines the ground,the owner, lessee or agent tected against ,collapse',or erosion by have been fully complied with. AppII-
-resulting in inadequate and: improper of the premises shall obtain a written the construction -of., proper drainage cation for such certificate- shall be
Surface water drainage; permit therefor Prom the Towri Board. ditches back of,the lip or edge thereof. made by the permittee, owner, lessee
(b) the erosion•of^soil by water sand -For that purpose such applicant shall (e),Dust=dovi n:or.a^similar dust layer or his agent to the Town Clerk and
wind; - file with the Town Clerk of the Town shall be.-spread on-access roads and shall be accompanied by'a-map_drawn
.0,the decrease In.or destruction of of Southold an application in duplicate other traveled .areas-,,to protect the to scale showingAhe'affeoted property,
fertility of the,land.;, for such"permit,which shall set forth public and the .countryside against giving elevation thereof" at..ten, (10).
,(V the removal of"lateral support of mud include: wdndblown.,sand and,dust.:- feet-intervals,
nutting streets, lands;and,premises; (a) An 'application containing'a de- f Topsoil strip . d':.i ale, pre ed by a duly of par
( ) pe n.connection tensed engineer or land surveyor of
.(e) the creation'.of=dust storms,,and•;.tailed statement of the proposed,oper with operations regulated: by,this or- the State of New York'•after-the com-
mosquito breeding S1a`aes' :, ation, i:'plan.of the area proposed for, dinance shall not be removed from the pletion of the operations who shall also
tf):the creation of;dangerous baadss,' 'ezcavation or for removal of -topsoil,'premises and.,shall be preserved for certify.as to the.amount of-:topsoil-re=:
i. Qepressions, or=pIts,. showing the condition of the plot or use;n-connection with-rehabilitation, .maining upon ground:%required-to. be.:
(g) ;the interruption of suitable:ac-. 'Premises ;before operations-are com :provided; diowever, ::that 'any excess respread with topsoil by Section VII:
cess-roads to-other m ds and the dis- �!�. and the,proposed.condition of
- i• •; � :, topsoil may be�removed..after'rehabil- hereof, and that such<area has':been .•
tuption�of:bile future To , p2tttern; said plot or premises after the work itation has:•been'completed:.Excess top seeded .In compliance with this ordin
:�;(h) the rendering I f:Iands unfit or .18 completed;-such plan shall be pre-. soil is°any:topsoil do excess of that re- ante and that the other conditions'of
j- dnsudtable.for<.their most appropriate Pared by:a`duly licensed engineer or quired to.allow-a.cover of at least 6 the approved: plan- of rehabilitation
uses;. land surveyor of the State' of New any-area on which topsoil is have been fulfilled
inches over
(i) the depreciation ,of -property York,'shall be drawn to scale and shall .required;to be'respreud:=by this ordi- (c) In lieu of such'lionti a cash de-
valuea; and `, show all the streets adjoining the `nance This paragraph shall not,apply posit or deposit of negotiable securities-
on and ijiimensions to sod farming.,authorized bb permit may -be made'with the•Supervisor,of
the. mated' and harmonious of t de to e�vatepoin which it is pro 'toe'
the:
:the Fcreation of obtler deterrents 'Froperty, fife locati
d and performed ia,conformity width the the Town subject to• the approvals;
ys coal �develo'pment :of4 the'Tows .o! Pie and location, size,;bend and :saP iris
8olitholc�C s `ry sad of-a �. Prescribed .conditions and- forfeitures• "specified^
u 0e ay.,-existing buildings; uad`er this ordinance _ hereinabove in the case of a bond:
8 ON iIL-Qperations Regulated (b> topographic survey of.the •-. preserved SECTION X; Power '.of Waiver Re
Eby (g), Topsoil set`aside and
No lands or,other,premises shall be Property'prepared by a duly licensed
for use in accordance with subseetion served by-Town'Board:
Operated or used°as sand aril gravel engineer or land;surveyor_of the State (1) of,:this section shall:,be respread If the Town Soard%shall td'etermine
pits, or for the excavation or remov�il of New York, showing contours at ten
foot• rote yk1s upon`.the;�urlace o> the land 'from upon the request of ail,,applicant for
of saht3 gravel,;stone fir other inerals , using Coast and C}eo, $ permit that no substantial rehabiH=
k which topsoil or sand and gravels:have
:'or for ,other excavat on detic"Survey datum h
5 1?urPoses, - been stri d or removed .excepting tatdon of the premises will become '
for"thi..st`ripping or removal;gf topsoil (c).'A duly acknowledged;,consent in PPe
s areas which are:laid out as streets, necessary as a result Of the'proposed -
'therefrom mtiiout a c` rently,;effectipe writing of the owner,of the premises:�ar�g.lots or areas to lbe occupied operations, or'on`any application per
permit.issued`hy theowmoaid in and, mortgagee if any, including his `by,buildings.on• a subdivision plat ap'-. twining to an eporation in existence at
compliance wifi'the provisions of this or .thee addresses;, t y the,time of enactment of this ordin-
proved b ,the,Town Plan;un9 Board.
ordinance yor unless it fed a9 an ex-, (d) Receipted- tax bills 0r. a photo•'; (h)Upon completion an o ra p_ y,- per - ante, or-whenever they;applicant shall
ceptioh inWSect on N static copy thereof,or a.,letter signerd` tion,regulated,;by thi . ordinance the satisfy the Board that unusual hard=
3ECTiON IV, Exceptions by the Receiver.of Taxes of the Town
excavation area' shall be`,refilled and ship shall exist, the .Town Board, in
TheTM following operations�•ancL,„uses of Southold or by.,the'Suffolk=County
graded'to such reasonable level as may its discretion, may waive, an or all
are liereb exec fed from the appl-; Treasurer or"yy,:any title's.insurance; y y
y P be specified in the approved plan of of the requirements of this ordinance
I Cation-of his>. idinance abstract or.seaxching•company=author- _ _
�< rehabilitation. by resolution of the Board and the
(a) ,Fxca�atioxi or.removalrgf sand, ized'to do business.•_in Suffolk County, s (i), material used as fill shall be -Town Town Clerk shall then issue the per
.gravel; stony or other,,)ninerals ror re; y g that all-taxes and --assess Tree from garbage,=refuse,,,offal, com- mit at the direction of the Town Board.
movai•of topsoil on premises; owned ments against the;property described in
r ole- SECTION XI, Fees.
ustible, or any deletorious or unwh
1 or,leased by a water distract, publiq the applfQ'6n have been..paid;•; some matter.;
(e); The names and ,addresses,of all Before a permit shall be issued or
improvementf�district,, municipal ox (j) All areas on. which topsoil has renewed, the applicant shall a to the
"other public or governi�ientas subdivi; property awnexs:of y record-within two 9 pp pay
been respread as,required hereinabove Town Clerk the following fees:--
feet.n,`autfigrity�or department; , hunYiied (200) feet of.,_the outside sfiall be prepared for�;and_seeded with (a). Sand,bank::and_pit�excavatiOns
; ;(b)"Excavation•or; removal_,ofsand, boundaries ;.of:•fhe- premises ti within•.•grass unless other-vegetation or-plant- a fee of $50.00 to be-paid with the.
ravel, stop
or:other minerals incident wdiich.opeiaiions,regulated.-by this or-
t zg 5. Ing with-. vines or other ,covering is filing of the application for a permit,
I toy Ighway, sidewalk or driveway con- dinance are proposed to be,perforir►ed ;
specified in an approved plan of re- which fee shall be for the first year
j k-structiorl on die same premises (The following items (f)- and Cg) Habilitation.
of the operations of said permit. A fee
(c) Excavation or removal of sand•, shall be supplied unless waived byAh (kj Adequate
1gravel, tone,or other:mine als:incide t Town:Board -under Section X of;this . q provisions shall be of $50.00 is to be paid in each year
--gravel,a 5 - A made for the prevention;of•the accum- for the renewal.of such permit; and.
to the construction.-of a -storm. water ordinance) -
ulation-of water from•'any 'source as (b) Topsoil removal;.a minimum,fee
I -basin,recharge basin or drainage-sump (f).A proposed comprehensive plan
•1 a result of such operations. of $10.00 for an' area exceeding 10,000
on-tfie same ,,premises provided that, tor. the.rehabilitation of the premises (ll No excavations shall-be made sq. ft. Such topsoil removal permit fee
topsoil shall not-;be.removed.=Prom the together-with a schedule of-progress which •shall: cause pollution to any shall be for a period of one .(i) year
premises and, •prgvfded �further _that therefor The. proposed..plan •of ie underground water supply b salt water and a similar fee shall be paid upo
tiefor`e;commencement of -any, such habilitation_shall-set forth the ultimate intrusion or other causes. Y the renewal of said poMtt upon the.
'rperation a ;fence or suitable. barrier contour and:_grade of,the:area,`upon O The setback areas.shall not be basis of the charge herein set forth.;
shah be.erected a.ound.,tlie.,area,gf, completion`th6reof.,and� shall describe g y products SECTION-XII, Public Hearin� _ used for the storage of�an g.
„excavation Iin accordance with plans the areas to be refilled,,topsoiled .and
- _ or''other.materials�or equipment. ..- = Except as set forth;in Section X,.no
and specifications;approved by the, seeded, and shall specify_.the amount `'-(ii') Naturak vegetation is-to remain permit authorizing operations regulated
own'8oard as adequate'to safeguard and .extent;thereof •,to: be -performed undisturbed within the setback area. ,by this ordinance shall be issued for
the public' in the particular.circum ' before December �lst of•the year for In'cases;,where natural•vegetation is, the first tine,..undei+ •this. ordinance
I Stances oY the terraui and location o;: which a permit or renewal of'a permit Inadequate in such area' to' provide•until after a public hearing by the
ilrhe exeavatiQn?, is being applied for; .' proper screening, a suitable,planting:Of Town Board in relation whereto, at
, tg) An esti p p
Zd) The,moving of topsoil• or other hate: re ared by a duly shrubbery:'-shall'be required, which parties in interest and citizens
licensed engineer or land surveyor of
earth'from=one part to='another of the (o) Thes,Operations shall comply with shall have an opportunity to be heard.
.m�:pr2inise"•�s an:.ncident to build-. the State Of-lvesv-Ygrk..of tie•-total III statute4 ordinfinces;rules andTWku-``- ]Public�ihfigs nestT iiot be�ttieI
dumber of,pubic yards of material to lations-applicable thereto. permits•previously--issued
j fn farming, or landscaping;`- • r renewals of
(e) Removal• of�excess 'topsoil "or be removed from the•property,,pursuant ip 'The issuance of;,a permit-here- under, this ordinance provided that the
other earth:.from the area of a,subdi= to rsuch plan during the permit period and�r shall not constitute authoriza- area covered by the.renewal-does not
i+isionr:.plat-which-�;is, subject'.aa,-the,,or{renewal tliereoY tiion fol• washing,-screening' or other extend beyond the area of-operations
jurisdiction •�of the ,.TownL Planning. An,application Yor. a permit for=sod- proeessing of excavated materials un- previously authorized. At least ten (10)
$card when 'authorized by a special farming need notinclude.the informs (less expressly authorized by- such days notice of the time and place of
0 a, in writing issued_by authority-of fion. requir d.by subdivisions-(a) •'(b), permit. such hearing shall be publishers in one
he_Town Board; ,_ .•, W,, .(f) and (g):above Such•applica- SECTION VIII, Permits and Renewals newspaper-designated-for official town
(f)..Removal of topsoil or other earth, tion,k,shall ;set , ;forth-, ,a•: detailed Thereof. notices and a written notice of any ap-
-incident'to the business`,of- operating statement,of,the proposed sod• farming Permits may be-issued or renewed placation for a permit shall be mailed -
nursery., : peration;a plan of the area to,be used by,the Town Clerk at-the direction,of by the applicants to the owners Of
SECTION V, Permit-Standards.. for .that•purpose. showing its existing the Town Board upon compliance by record, as set forth in the application,
The Town Board may;by resolution -condition, and the-material and-in-' the applicant width this ordinance. Per- of properties within two hundred (200)
.in.a specific case, after public'-notice _formation required• by-subdivisions (c) mits may be issued for a"period not feet of the outside boundaries of the
andhearing and subject to appropriate -and (e) above.: exceeding one year and may be re-
premises,within which operations regu
Cgnditions_and safeguards to be-pre= ;SECTION VII, Regulations. newed for successive- periods of one lated by this ordinance are proposed:to
•ocribed :by`such Board in conformity >- Compliance with the following regu- year provided that the regulations pre- .be.performed.
W th this ordinance;and in accord with.-lations shall,bea,continuing.condition scribed herein have been eomplie '.with SECTION XIII,,Penalties.
.We,guide's,and-standards,;herein,,issue of the validity`and existence of..any and ',upon furnishing,,the information -For;any and every.violation of the.
A permit;for.the use of`:,'I' for.fife permit granted` or renewed hereunder,.required by"Section VTt insofar as ap provisions of this ordinance,the owner,.
.excavation,and-reinoV.d.of_'sand,gravel,- (a):.;When required by the Town=.pIIcable:-to tlxe renewal period,`•upon .general agent, lessee or tenant of any
:Saone.of.other ffinerals or .for other` Board as necessary•for the-protection ,payment<of;any:additlonal fee required part of the premises of which saiii Qio
iExcavation purposes-or .for the strip- of fife healtli;'satety.add..genital'-eel :by this ordinance wad upon furnishing Iation or any- part thereof lies been:
ipiag or,removal'.oi,_topsofl.., fare of the'public,-for the preservation such additional bond4orgseeurlty In'sn- committed or shall exist,gad the'gen-
Such authoi 1Eation alias not be of ,property values.in the neighbor a>ziount.approved by the;Town- Board, eral :agent, 'engineer, surveyor,`con
-
.-Such.-:40,,W6ss:.the Board finds that: hood'or to facilitate'the proper drain7. a3;sufficient;to insure.compliance with tractor or any other person who know
(a) the proposed operations,4M not age of surface,water or appropriate these,-regUiiUona:during,tha renewal tingly permits; takes part; or assiiki
tnterfere witkthe,siirface:water drain use of land;`- in-.accordance ;'with• the, period:including perfor maace•;of the any such violation shell exist;.shall be
°age plan.oi the.area'nor•endanger any° ataadards prescribed in Section-V, the- approved'pian.,o! rehratbilitation on the ,guilty of an offense,•.puhishable by a
-street,-road"or•highway:- premises on which operations regulated areas,covered'by'the,renewal'permit. . fine not exceeding ¢50.00.or imOrtaoh-
(li) the circumstanaesa of the•;,loca- 'by,this Ordiaa:ice are performed shall �$ECTION I:X, Bond br Cash Deposit. went not exceeding. -six months, :or
tioa and„„the;••terrain,- are ,reWnAW be rehabilitated';In accordance with.6:
,, (a) Before the issuance:of a'-permit 'both. Y(ach days=continued violation:.
Irreparabie damage to the public case of operations in existence at the the grade of the street or road men. any y
.. v a.,.. Vl U
health, safety'and general welfare as -effective date of this ordinance upon tioned in the any subsequent renewal of a permit
P preceding sentence. under this ordinance.
wall. as to make effective the general Premises having an area of less than (d) All slopes shall be excavated and (b) Said bond shall remain in full
purposes of comprehensive planning 20 acres. maintained during operations at safe force and effect until released or until
and zoning. SECTION VI. Application for Permit. angles of repose to prevent erosion the original amount thereof is reduced
SECTION II Before any excavation is commenced thereof and erosion or collaspse of by the Town"Board upon issuance of
These regulations and controls are for any purpose other than those ex- upper grade surfaces above such slopes, a certificate of completion or of par
intended to prevent the following cepted in Section IV of this ordinance ,and final slopes shall not be inclined tial completion by the Town Board,
conditions from occurring: or topsoil, earth, sand, gravel, stone steeper than one foot vertical on one certifying that all provisions of this'
(a) the interruption and diversion of or other minerals are removed from foot:horizontal. All slopes shall be pro- ordinance and conditions of the permit
I
watersheds and drainage lines the ground, the owner, lessee or agent tected against collapse or erosion by have been fully complied with. Appli-
aesulting in inadequate and improper of the premises shall obtain a written the construction of, proper drainage cation for such certificate shall be
surface water drainage; permit therefor from the Towri Board. ditches back of the lip or edge thereof, made by the permittee, owner, lessee
.(b) the erosion of•soil by water•and For that purpose such applicant shall (e),Dust-down or a,similar dust layer or his agent to the Town Clerk and
wind; file with the Town Clerk of the Town shall be spread on access roads and shall be accompanied by a-map drawn
.(c),the decrease in or destruction of of Southold an application in duplicate other traveled areas to protect the to scale showing the affected property,
fertility of the"land- for such permit;"which shall set forth public and the countryside against giving elevation thereof at. ten (10)
,(d).the removal of lateral support of and include: windblown sand and:dust. feet intervals, prepared by a duly li-
ebutting streets, lands; and premises; (a) An application containing a de- (f) Topsoil stripped in connection censed engineer or land surveyor of
(e) the creation of"dust storms, and. tailed statement of the proposed oper- with operations regulated by this or- the State of New York after the com-
mosquito breeding".1ilkees;• ation, a:plan of the area proposed for dinance shall not be removed from the pletion of the operations who shall also
(f).the creation of dangerous banks,''excavation or for removal of topsoil. premises and 'shall be preserved for certify as to the amount of.topsoil re-"
depressions;'or"pits; showing,,--the condition of the plot or
(g) the`interruption of suitable ac- Premises before operations are com- use in,connection with rehabilitation, maining upon ground,required to be
provided, however, that any excess respread with topsoil by Section VII
Cess roads.to other lands and the dis- menced, and"the proposed.condition oP topsoil may be"removed after rehabil- hereof, and that such•area has been
ruption"Of the future road'pattern; said plot or premises after the work itation has.been completed,Excess top- seeded in compliance with this ordin=
ds
(h) the rendering of lan unfit or Is completed; such plan shall be Pre- soil'is any topsoil in excess of that re- ance and that the other conditions of
unsuitable for their most appropriate Pared by,a duly licensed engineer or. quired to allow a cover of at least 6 the approved plan of rehabilitation
uses; laud surveyor of .the State of New inches over any area on which topsoil is have been fulfilled.
(1) the depreciation of, property York,shall be drawn to scale and shall required to be respread by this ordi- (c) In lieu of such Bond a cash de-
values, and show -all the- streets adjoining the nance...This paragraph shall not apply posit or deposit of negotiable securities
(j) the creation of other,-deterrents Property,,the location'and dimensions may be made with the Supervisor of
Ar to sod farming authorized by-permit
f to- the coordinated and harm,oiiious of the.,Premises:upon which;it is pro-- and:performed,in conformity with the the Town subject to-'the approvals,
physical -development,of the-Town,,of Posed to':excavate, and location, size,.conditiions and safeguards prescribed conditions and forfeitures .specified.:
i Southold sad use-01 Any-existing buildings; under this"ordinance. hereinabove in the case of a bond.
r aECTION III,Operations Regulated. (b> topographic survey of the .
� i' (g) Topsoil-:set aside and-preserved SECTION X, Power ,of Waiver Re-
No lands or other premises shall 1 Property prepared by a duly licensed for "use in accordance with subsection served by Town Board.
Operated or used as sand and gravel engineer Or,land.surveyor of the State (,i) of this section shall be respread
.pits, or,for the excavation or removg•1 of'New York, showing contours at ten If the Town Board"shall determine
of sand;gravel,stone or other"minerals,
foot intervals, using Coast' and Geo- upon the,surface of the land from upon the request of an applicant for
which topsoil or,sand and gravel have a permit that no substantial rehabili-
f or•for other-excavation."purposes, .or Betio•Survey datum; � been stripped p i pped or removed excepting tation of the premises will become
for tlie.stripping.or removal of topsoil (c) A duly'"acknowledged.consent in areas which are laid out as streets, necessary as a result of the proposed
therefrom without a currently effective' writing of the owner of the premises'parking lots or areas to be occupied operations, or on any application per-
E' permit issued"by the 'Town Board In and• mortgagee; if any, including his ' p- taming to an eporation in existence at
tTO - by buildings" on a subdivision plat a
comphanoe,with the provisions of.this or their addresses y g the time of enactment of this ordin-
proved b "the Town Planning Board.
"ordinance',or unless li ted,,as an ex- (d) Receipted tax bills :or: a photo (h) U on-com letion of an opera-P P Y ance, or whenever-thet-applicant shall
ception in;I, E,n IV .• static copy, thereof•or a letter signed'- tion regulated-by this ordinance the satisfy the Board that unusual hard-'
SECTION`IV, _Exceptions:._ . .by the Receiver.of Taxes of the Towri excavation area shall be -refilled and
� " of Southold or, b ship shall exist, the Town Board, in
The, following operations,..and-,uses y-the-Suffolk County graded to such reasonable level as may! Treasurer'or'b an title,insurance Y its discretion, may waive any or all
are hereby:,excepted from the,apph y y be specified in the'approved a P of the requirements of this ordinance
pe ' ' pproved fan of
cation of his ordinance. abstract or searching company-author- q
i . - - rehabilitation. by resolution of the Board and the
` (a) Excavation or removal,of sand„ ized.to do•business.in Suffolk County, +
(i) All material used as fill shall be Town Clerk shall then issue the
4 gravel, stone or•other .'minerals',or re-- certifying;,that all•taxes and .assess- per-
t, free from garbage, refuse, offal, com- mit at the direction of the Town Board.
moval of. topsoil on premises, owned ments agaipst the property described in bustible or an deletorious or unwhole-
or leased by a .water district;••."bliG.;the application have, been paid;' y SECTION XI, Fees.
�.,pu P some matter. Before a permit shall be issued or
improvement- district, •municipal, or, (e).The naives and addresses .of all (j) All areas on. which topsoil has
t - � - -�• P renewed, the applicant shall pay to the
other public or governmental subdivi-_ Property.owners,of record within two been respread as required hereinabove Town Clerk the following fees:
authority or; depar
` hundred (200)
sion, tment - (�. feet. of " the outside-.shall be..prepared
,_for and seeded with
Q(b)',Excavation. or,removal of;;"sand, boundaries".of .;the premises ,witluri". (a) Sand bank and.-Pit_excavations;_-_
which operations grass unless other vegetation or plant- a fee of $50.00 to be paid with" the.
gravel, stone mother minerals incident pe bons regulated by this or in with. vines or other covering is g g filing of the application for a permit,
to highway, sidewalk or driveway.con ,dinance are proposed to be performed. s ecified in,an an a
structiori on the.same P' approved plan of re- which fee shall be for the first year
premises; (The "following• items (f) and. (g) habilitation. of the operations of said permit. A fee
(c) Excavation or removal of sand, 'shall. be,supplied'unless waived by the (k) Adequate provisions shall he of $50.00 is to be paid in each year
gravel, stone or other minerals incident Town Board under Section X of.this "made for the prevention of the accum- for the renewal of such permit; and
to the construction of a storm water -ordinance).
� - ulation-of water from any source as (b) Topsoil removal; a minimum fee
basin,recharge basin or drainage sump , (f), A" proposed comprehensive plan a result of such'operations. of $10.00 for an area exceeding 10,000
on the same premises provided that.,for the rehabilitation of the premises (1) No excavations shall be made sq. ft. Such topsoil removal permit fee
topsoil shall not be removed,from;:;the together.with a schedule of progress which shall cause Pollution to any shall be for a period of one .(i) year
,premises and provided further that therefor. The proposed plan of re- underground water supply by salt water and a similar fee shall be paid .upon '.
before 'commencement of any such habilitation shall set forth the ultimate intrusion or-other causes. the renewal of said Permit-upom-,the•.
pperation a fence or suitable barrier. contour and grade of-the area upon (in) The setback areas shall not be basis of the charge her set forth.
,,hall l be,erected around. the"area of. completion thereof .and shall describe used for the storage of any products SECTION XII, Public Hearing.
,,excavation in accordance with plans the areas to be refilled,.topsoiled and,.or',other materials or equipment. Except as set forth,in Section X, no
rand. specifications approved by the seeded,.and shall specify .the amount —4h) Natural"vegetation is-to remain permit authorizing operations regulated
mown-Board as adequate to'safeguard and extent thereof to be performed undisturbed within the setback area. by this ordinance shall be issued for
-Abe public in the, particular -eircum- before December 31st•of the-*year for In cases where natural vegetation is the first time under this ordinance
j stances of the terrain and location of W. hich a permit or renewal of a permit Inadequate in such area to provide until after a public hearing by the
the excavation:;' is being applied for; proper screening, a suitable planting of Town Board in relation thereto, at
(d) The I moving. of"topsoil or other" (9) An estimate prepared by a duly shrubbery'shall be required. which parties in interest and citizens
earth from"one part to another of the licensed engineer or land surveyor of (oj The,operations shall comply with shall have an opportunity to be heard.
o=c.grca3isev-wa an incident to build- the"State of—New York-_of -the—totul--ail statutes7orainances;-rules and,'•regu= P.ublid-h'&a-Rzigs;hb6T-'AOf b67Meld,�- i
in farming, or landscaping;-` number of„cubic yards of material to lations applicable thereto; renewals of permits°previously issued
be removed,from,the property,:pursuant
(e) Removal- of -excess,"topsoil 'or '(p) The issuance of,a permit-here- under this ordinance provided that the
to_such.plan during the permit period,
Other earth_from•the area of a.subdi- under shall not constitute authorita- area covered by the renewal does not
or,renewal"thereof.
{!ision plat-which .is. subject to "the tionz for washing, screening or other extend beyond the area of operations
jurisdiction" of "the Town: Planning An application for a permit for sod processing of excavated materials un- previously authorized. At least ten (10)
Board when authorized by a.-.special farming"need not include the informa- less' expressly authorized by such days notice of the time and place of
order in writing issued by authority:of Lion required by subdivisions-(a),:(b), permit. such hearing shall be published in one
the Town Board; (d) (b. and (g) above: Such applies- SECTION VIII, Permits and Renewals newspaper designated for official town
(f) Removal of topsoil or other earth, Lion,, small set forth ,a detailed Thereof. notices and a written notice of any ap-
incident to the business-of operating statement,of,the proposed sod"farming Permits may be issued or renewed plication for a permit shall be mailed
a,nursery. operation, a plan of the area to be used by the Town Clerk at the direction of by the applicants to the owners of
SECTION V, Permit-Standards for that purpose showing its existing the Town Board upon compliance by record, as set forth in the application,
The Town Board may by resolution condition, and the• material and- in- the applicant with this ordinance. Per- of properties within two hundred (200)
fn a specific case, after public notice formation" and
by subdivisions (c) mits may be issued for a period not feet of the outside boundaries of the
and hearing and subject to appropriate .and (e) above.. exceeding one year and may be re- premises within which operations regu-
conditions and .safeguards to be pre- ;SECTION VII, Regulations. newed for successive periods of one Iated by this ordinance are proposed to
ccribed by such Board in conformity Compliance with the following regu- year provided that the regulations pre- be performed.
With this';ordinance, and in accord with lations shall be a continuing condition scribed herein have"been•complied with SECTION XIII, Penalties.
,the guides and-standards.herein, issue of, the validity' and existence of any and upon furnishing, the information For any and every.violation of the
permit for the use of land for the permit -granted or renewed hereunder. required by Section VI,insofar as ap- provisions of this ordinance,the owner,.•
Qxcavation.and-removal Of sand,'gravel, (a)- When required by the Town" plicable.-to the renewal period, •upon general agent, lessee or tenant of any
;`stone of Other minerals. or for other Board as,necessary for the protection payment"Of any additional"fee required part of the premises of which said,vio
+Excavation`_purposes or for the .strip- of the'health, safety and general.wdl-; `by'•this ordinance and upon furnishing lation or any part thereof has been
g or,removal of,topsoil. - fare of the public, for the preservation such additional bond,onsecurity in an committed or shall exist, and the gen-
Such--authorization shall not be of Property values in the neighbor- amount approved by,,the'Town Board eral agent, engineer, surveyor, con-
granted unless.the Board finds that: 'hood'or to iabilitate"the proper drain- as.sufficient to insure compliance with tractor or any other person who know
(a):the,proposed-operations-*n not. age-of, surface water- or appropriate these regulations during_the renewal ingly permits, takes part; or assists In*'
Interfere with:-the surface.water drain .use of land, in accordance with the period:including performance_ of the any such violation shall exist;.shall be
age Plan of the area"nor endanger anj standards, prescribed in Section-V. the approved plan of r "bilitation on the guilty of an offense, punishable by a
,'street, road:or highway premises:on,which operations regulated areas,covered by the renewal permit. fine not exceeding $60.00.or imprieoh-
(b) the circumstanees;lof• the::loca :by`this. ordinance are performed shall. SECTION IX. Bond or Cash Deposit. ment not exceeding ;six' months,. ;or
tion and,Ahe, terrain are reasonably be rehabilitated in"accordance with a� (a) Before the issuance"of a-"permit both. Each day'! continued violation.
4dapted to rehabilitation. to the end',Plan of rehabilitation and schedule of the applicant and the owner of record of this ordinance"After written notice
that the premises" will not..beeome Progress therefor r approved: by the of the premises shall execute and file thereof shall constitute a separate ad-
desert or.waste'land following com- Towwn'Board.which plan and'schedule. with the Town Clerk, a surety"bond in dltional violation. Such fines or penel-
-,pletion of operations; and: shall be filed;• , the office of the Town ;the amount. required by ,the:" Town ties shall be collected as like fines are.
(c)"'tine--circumstances"..of the, loca ,Clerk and,.:is:\hereinafter, referred to Board,conditioned" upon the faithful now by law"collected.
'tlon and 'the terrain are such•-Ghat "aa the approved plan of rehabilitation. `and punctual performance:of the work ,SECTION XIV;;Separability.
conditions and safeguards may feasibly ;Such plan--of rehabilitation may,pro- •`required,to be performed,,by.the ap- If any clause,: Sentence; paragraph
6e imposed to,assure that'the premises vide for a'partial restoration of the proved plan of rehabilitation on the or section of this ordinance. shall be
will', not: constitute an". -Aiiaettve :property involved, pending the com area covered by the permit and upon adjudged by any court of competent
nuisance"'tor`_endanger,`the ,safety, of pletionoi.operations'regulated,-by°this compliance-with.the other.regulations jurisdiction to be invalid, such judg-
children... " ordinance; and need not:include the contained in•.this ordinance and to in- ment shall not ,impair or invalidate
(d)" the use will not cause.,undue delineation,of streets. demnify the Tow.mof Southold and/or the remainder hereof but such ad-
traffic'hazards; and (b) When ,required by the,_ Town the Superintendent .of. Highways for judication shall be confined 'in its
'(e) the use will not crow undue'"vi- Board as necessary,for the protection any damage'`to town property and for operation to the clause, sentence,para-
bratio,n,`noise or wind blown dust•or of the public barriers consisting" of the cost of taking-over-'•such perform- graph or section directly involved in
'-sand; and wire fencing of'_the type known as ance in.cgi!ie of default. In case of any the controversy in which judgment
M the use will'"-not`'change,the chain link `or'cyclone fence, or its default or_Sailure to perform:the work .shall have been rendered.
Moved by Councilman Demarest; seconded by Justice Clark;
WHEREAS, . Fishers Island Ferry District Commissioners request the appro-
val of 'Spearin, Preston and Burrowg, Inc. the lowest bidder for con-
struction of necessary dolphins 'in the vicinity of the wharf about
to .be leased by said District at West Harbor; Fishers Island, N.Y. ,
NOW, THEREFORE, BE IT RESOLVED: That the Southold Town Board approves
the action of the Fishers°Island Ferry District Commissioners in the
hiring of said Spearin, Preston and Burrows, Inc. for construction of
necessary dolphins at 'Vest Harbor, Fishers Island, N.Y.
Vote"of Town Board': .Ayes-Supervisor Albertson; Councilmen Demarest
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 eight (8) -MVOH street
lights as follows:
Pole 512 L.I.L. Main Road at Chapel Lane
494 itat Albertson Lane
890 it Ifat Pipes Neck Road
522 N.Y.T. Rt. 27A at Sound View Avenue
487 at Albertson Lane
455 " at Chapel Lane
367 " 25 at Manhanset Avenue
379 " " at Bailey Avenue' ,
and to request- the Greenport Lighting Company to install: -One (1) -
400 MVOH street light on' Pole. V16 Main Road at Silvermere Road,
and two (2) 100 MVCH street lights on Champlin Place on Pole #65.
and on Manhanset Avenue at Champlin Place on-Pole #7S , (NYT Guy Pole)
Vote of Town Board: Ayes-Supervisor Albertson; Councilman Demarest
and Valentine; Justices Tuthill and Clark .:
Moved by Justice Tuthill; seconded by Justice Clark; ..
RESOLVE That the. Town Clerk be . and he hereby is directed to request
D:
the Long. Island Lighting Company to install One (1) 100 cpoh street
light on LILCO Pole #3 on Georges Road, New Suffolk, , in the Cutchogue
Light District.
Vote of. Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices -Tuthill and Clark.-
Moved. by Councilman Demarest; seconded by Councilman Valentine;
RESOLVED: That Supervisor Lester M. Albertson be and he hereby is
authorized. and directed to advertise for bids for 75,000 gallons of
Special Gasoline for Highway and Police purposes for the period from
-April'--l-, 1965 to March 31, 1965, same to be opened at 3: 30 P.M. on
March 23, 1965 at the Supervisor' s Office, 16 South Street, Greenport,
New York.
Vote of Town Board: Ayes-Supervisor -Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Councilman Valentine; seconded by Justice Clark;
RESOLVED: That the Southold Town Board approves the .amount of . a,per-
formance bond of $11,000.00 for the construction ' of the -roads and
water mains in the subdivision "Fordham Acres" located at Greenport,
and owned by and developed by Ruth F. Preston, & Ors.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthi'11 and Clark.
Moved by Justice Clark; seconded by Justice Tuthill;
RESOLVED: That the Southold Town Board approves the amount of a per-
formance bond of $7, 000.00 for the construction of the water mains
in the subdivision "Town Harbor Terrace" located in Southold, and
owned and developed by Kathryn D. Hoey and Genevieve T. Daley.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
5
Moved by Justice Tuthill; seconded by Justice Clark;*
RESOLVED: That the Southold Town Board approves the amount of a
performance bond of _$15,000.00 for the construction of the roads
and the water mains in the subdivision "Melrose Manor` " located in
Southold and owned and developed by Clement Booth.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Councilman Valentine; seconded by Justice Tuthill: .
RESOLVED: That the southold Town Board approves the appointments.
of supervisor Lester M. Albertson of the following on the. Ecomomic
Opportunities Committee:
Mrs. Sidney Breese Mr. Gerald Hobson
Mr. Hull Tuthill ;,' Mr. Robert Neidick
Mr-. Richard Cron, Rev. Ben Burns
Dr. John G. Hansen Father Hogan
Rev. Arthur Bryant-exoffic,io Mr. George .Stelzer-exoffic'io
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Justice Tuthill; seconded by Councilman Valentine;
RESOLVED: That the Southold Town Board approves the appointments
of Supervisor Lester M. Albertson of the following on the Commerce
and Industry Committee:
Mr. William Bolenius Mr. Robert Brown
Mr. Parker Wickham Mr. Arthur L.. Seamann
Mr. James Rich Mr. William Mueller
Recess was called at 3:47 P.M.
The meeting reconvened at 4:00 P.M.
Moved by Justice Clark; seconded by Justice Tuthill:
WHEREAS, after study, this Board reported that Long Island Signal
Corp, was the lowest bidder for placing signal lights on the new.
county highway, Mattituck, N.Y.
NOW, THEREFORE, BE IT RESOLVED: That Lester M. Albertson, Supervisor,
be and he hweby is .directed to enter .into a contract with Long- Island
Signal Corp. for the installation of signal lights .as per bid submitted.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark. .
Moved by Councilman Valentine; seconded by Councilman ,Demarest;
RESOLVED: That all bids for the Assessor' s Car be' rejected and. Supervisor
Lester M. Albertson be and he hereby is directed to re-advertise for a
seven passenger Travel Van or equal.
Vote of Town Board: Ayes-Supervisor 1.Albertson; Councilmen Demarest
and Valentine; Justices Tuthill .and Clark.
The report of the Business Meeting of the Association of -Towns held
on February 9,. 1965 was given by Councilman Howard C. Valentine.
Adjournment.
Albert W. Richmond,
Town Clerk