BOT Minutes – 19th, 2026

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Village of Dering Harbor
Board of Trustees
Minutes

September 19th, 2026, 9:00 AM 

  • The meeting was called to order at 9:02am
  • Attendance- Ari Benacerraf (mayor), Karen Kelsey, Eric Deitsch, Tom Kusner; absent- Sam Ashner; Wayne Bruyn (village attorney), Vicki Shields (village clerk), Susan Dempsey (Shelter Island Reporter)
  • A motion to accept the minutes from the August 8th, 2026 meeting was moved by Eric and seconded by Tom. All Board members present voted in favor.
  • A motion for a resolution to authorize payment of the outstanding bills abstract was moved by Karen and seconded by Eric. All Board members present voted in favor.
  • Old Business
    1. A motion to re-open the Public Hearing on a Local Law to require removal of underground fuel oil storage tanks upon transfer of property. Tom, Eric

Wayne reminded the Board that this is the fourth continuation of the public hearing. Ari acknowledge receipt of the most recent comments submitted regarding this proposed local law. Wayne explained that the board has considered all the comments it’s received, both from the public and amongst the Board, and the proposed law has been revised accordingly.

There were no public comments.

A motion to close the public hearing was moved by Eric and seconded by Karen. All Board members present voted in favor.

A motion to adopt the proposed local law was moved by Eric and seconded by Tom. All Board members present voted in favor.

WHEREAS, Board of Trustees of the Village of Dering Harbor proposed a local law adding a new §230-49.1 of the Zoning Law to prohibit the installation of a new or replacement of an existing underground fuel oil storage tank, and to require removal upon reconstruction or leakage, or as a condition of obtaining an up-to-date certificate of occupancy or the transfer of ownership; and

WHEREAS, public hearings were held on June 6, 2026, July 11, 2026, August 8, 2026 and September 19, 2026; and

WHEREAS, by letter dated June 5, 2026, the Suffolk County Planning Commission considered the proposed local law to be a matter for local determination, and

WHEREAS, the adoption of said local law is considered to be a Type II action under 6 NYCRR §617.5(c), SEQRA and will not have a significant adverse impact upon the environment;

                 NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 3 of 2026 is hereby adopted as follows:

LOCAL LAW NO. 3 OF 2026

                 A LOCAL LAW adding a new §230-49.1 of the Zoning Law to prohibit the installation of a new or replacement of an existing underground fuel oil storage tank, and to require removal upon reconstruction or leakage, or as a condition of obtaining an up-to-date certificate of occupancy or the transfer of ownership.

                 BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:

 

SECTION 1.  Amendment.  Add a new §230-49.1 of the Zoning Law as follows:

      • 230-49.1 Underground Fuel Oil Storage Tanks.
      1. Purpose. It is the intent of these provisions to protect the groundwater supply of the Village by regulating the installation and maintenance of underground fuel oil storage tanks.
      2. Terms. For the purposes of this section, the following terms shall have the following meanings.

ABOVEGROUND TANK – A tank where 100% of said tank is exposed above (and not on) the final ground elevation.   Tanks located within an existing building above an impermeable basement floor shall be considered to be above ground.

EXISTING FUEL OIL STORAGE TANK – any tank existing on a property as of the effective date of this section, including any tank that may have been previously abandoned in place.

FUEL OIL STORAGE TANK – a tank of any size used for the storage of petroleum-based liquids including but not limited to fuel oil or kerosene, but does not include propane, natural gas or gasoline.

UNDERGROUND TANK – any tank where any portion of said tank is below the final grade elevation.

      1. Permit required. A building permit shall be required for the installation or removal of a fuel oil storage tank.  The removal of a fuel oil storage tank shall be in accordance with applicable State, County and Village regulations.   A new fuel oil storage tank may only be installed above ground in accordance with applicable State, County and Village regulations.
      2. Prohibitions. The installation of a new underground fuel oil storage tank shall be prohibited. The replacement of an existing underground fuel oil storage tank shall be prohibited, unless the new tank is installed aboveground in accordance with applicable State, County and Village regulations.
      3. Removal Mandated. An existing underground fuel oil storage tank shall be removed from the property under the following conditions:

(1) An underground fuel oil tank that has leaked shall be removed and any leakage that must be remediated in accordance with applicable State, County and Village regulations.

(2) An existing underground fuel oil storage tank shall be removed as a condition of the issuance of a demolition permit or a building permit involving major reconstruction on the property.  For the purposes of this section, a major reconstruction means an alteration to any part of an existing structure which replaces 50% or more of the existing structure, including walls, roofs, floors, wiring, plumbing and insulation, as calculated by the Building Inspector.

(3) An existing underground fuel oil storage tank shall be removed as a condition of obtaining an up-to-date Certificate of Occupancy or the transfer of ownership.  For the purposes of this section, a transfer of ownership shall not include an intra-family transfer or a transfer where there is no change in beneficial ownership.

      1. Abandonment Prohibited. An existing underground fuel oil storage tank shall not be abandoned in place.

SECTION 2.  Authority.  The proposed local law is enacted pursuant to Village Law §7-712, as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(2).

SECTION 3.  Severability.  If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

 

SECTION 4.  Effective Date.  This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Adoption:

NOTICE OF ADOPTION

                 PLEASE TAKE NOTICE that after public hearings were held on June 6, 2026, July 11, 2026, August 8, 2026 and September 19, 2026, the Board of Trustees of the Village of Dering Harbor at their meeting of September 19, 2026 adopted LOCAL LAW NO. 3 OF 2026 as follows:  “A Local Law adding a new §230-49.1 of the Zoning Law to prohibit the installation of a new or replacement of an existing underground fuel oil storage tank, and to require removal upon reconstruction or leakage, or as a condition of obtaining an up-to-date certificate of occupancy or the transfer of ownership.”

Copies of the adopted law are on file in the Village Hall, Mondays, Wednesdays and Fridays, from 10:00 a.m. to 1:00 p.m., or by appointment.

                                                     BY ORDER OF THE BOARD OF TRUSTEES
                                                     VILLAGE OF DERING HARBOR, NEW YORK 

b. Dering Harbor Beautification Committee Update

Tom handed out printouts he prepared for the meeting. He gave a summary of what has been done since the last meeting. An email was sent out by Vicki to residents asking people to put their interest in being on the committee in writing. Philip, Susanna and Peter expressed their interest. The committee would like there to be a distinct feeling when people enter the Village: cohesive signage, vegetation, etc. Most of what they are concerned about are the outdoor spaces. Karen brought up the inconsistent sign on Manhanset Road.

Before moving forward, Wayne suggested the board pass the following resolution, which was moved by Tom and seconded by Eric. All Board members present voted in favor.

WHEREAS, the Board of Trustees of the Village of Dering Harbor values the preservation and enhancement of the Village’s charm, character, and visual appeal; and

WHEREAS, well-maintained public spaces, attractive streetscapes, and seasonal enhancements contribute to community pride, economic vitality, and the overall quality of life for residents and visitors; and

WHEREAS, the Board of Trustees recognizes that a dedicated committee can provide focused attention, creative ideas, and volunteer coordination to advance beautification goals;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby establishes a Beautification Committee as follows: conditions:

      1. Creation of the Beautification Committee – The Beautification Committee of the Village of Dering Harbor is hereby established as an advisory body to the Board of Trustees.
      2. Mission and Scope. The mission of the Committee is to provide guidance to the Board of Trustees on interior and exterior esthetic choices for Village properties and to enhance the natural environment throughout the Village.  The goals of the committee include retaining our special aesthetic charm and creating a unique environment which will help us maintain our thriving residential climate.
      3. Committee Responsibilities. The Committee shall have the following responsibilities:

(1) Identify and recommend projects to improve the appearance of all Village properties and common areas, including landscaping, plantings, decorative features, and the Village Hall.

(2) Monitor maintenance, landscaping and general appearance of all Village properties and common areas for the purpose of making recommendations.

(3) Identify and recommend routine and preventive maintenance projects, including Village Hall interior and exterior, roadside street and traffic signs, lampposts, sea fence, traffic islands, culverts, flagpole, gazebo, other municipal structures.

(4) Organize and promote community participation (e.g. adopt-a-road/spot, clean-up days, planting projects, and seasonal decorating initiatives) and collaborate with residents to encourage sponsorship.

(5) Identify and recommend seasonal landscaping and decorative planting.

(6) Identify and recommend long-term strategies to preserve and enhance the Village’s visual character.

(7) Such other related tasks as may be requested by the Mayor and/or the Board of Trustees.

      1. Composition and Appointment.

(1) The Committee shall consist of a minimum of three (3) members but in no case greater than seven (7) members.

(2) The members of the Committee shall be Village residents appointed by the Mayor with the consent of the Village Board.

(3) The members of the Committee shall be volunteers and are not considered to be employees or officers of the Village.

(4) The Mayor and/or a Trustee may also participate as ad hoc members of the Committee.  In no case shall more than two members of the Board of Trustees (i.e. Mayor & Trustee or two Trustees) participate with the Committee.

(5) Members of the Committee shall serve a term of two (2) years and may be reappointed.

(6) The Mayor shall appoint a Chairperson from among the members.

(7) The Mayor may accept the resignation of a member or cause the removal of a member for cause.

      1. Operations.

(1) The Committee shall meet periodically and maintain records of its activities.

(2)  The Committee shall determine the order of business for meetings and may conduct its meetings either in-person or by video-conference.

(3) The Committee shall provide its recommendations to the Board of Trustees in writing.

(4) At the request of the Board of Trustees, the Committee may also present its recommendations at a public meeting of the Board of Trustees.

(5) All records and documents produced by the Committee shall adhere to applicable records retention and Freedom of Information requirements.

(6) Although the Committee is not an agency of the Village and is not otherwise subject to coverage by the New York State Open Meetings Law, the Committee is encouraged to provide residents and members of the public with notice and an opportunity to participate in the proceedings of the Committee.

(7) The Committee is strictly advisory to the Board of Trustees and is not authorized to act or represent the Village in any capacity and shall not take any action to implement any project without the expressed written authority of the Board of Trustees.

A motion to appoint Susannah Rose, Philip Gubert, and Peter Swerdloff to the Beautification Committee was moved by Eric and seconded by Karen. All Board members present voted in favor.

Ari appointed Tom Kusner as Chairperson of the Beautification Committee.

Karen suggested the committee choose 10-15 items they want to tackle first and assign cost to each item to get a better understanding of the costs involved. Tom agreed that that should be the next step. Tom also suggested there should be a way that residents can report road conditions, etc, perhaps through a form on the new website. Ari commented on the speed bumps and thinks making them look better and the same is a good thing. Wayne recommended a monthly slot on the agenda for a report from the Beautification Committee. The Board thanked Tom for the work he’s done on it.

  • New Business
    1. A motion to approve a tree removal application for 6B Nichol Road (Smith) was moved by Karen and seconded by Eric. All Board members present voted in favor.
    2. A motion to approve a tree removal application for 8 Gardiner Way (Johnson) was moved by Tom and Eric. All Board members present voted in favor.
    3. The following resolution to adopt the Suffolk County 2026 Hazard Mitigation Plan. was moved by Eric and seconded by Karen. All Board members present voted in favor.

WHEREAS the Board of Trustees of the Village of Dering Harbor recognizes the threat that natural hazards pose to people and property within the Village of Dering Harbor; andWHEREAS the Village of Dering Harbor has prepared a multi-hazard mitigation plan, which has been incorporated into the Suffolk County 2026 Hazard Mitigation Plan in accordance with the Disaster Mitigation Act of 2000; and

WHEREAS the Suffolk County 2026 Hazard Mitigation Plan identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property in Village of Dering Harbor from the impacts of future hazards and disasters; and

WHEREAS adoption by the Board of Trustees of the Village of Dering Harbor demonstrates their commitment to hazard mitigation and achieving the goals outlined in the Suffolk County 2026 Hazard Mitigation Plan.

NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby adopts the Suffolk County 2026 Hazard Mitigation Plan (the “Plan”) with the following notes and conditions: (a) The Plan may be edited or amended after submission for review but will not require the community to re-adopt any further iterations; and (b) The Plan must be periodically reviewed and updated within five years.

    1. A motion for the following resolution to accept the website proposal sent by email from Civic Plus on September 2, 2026, was moved by Karen and seconded by Eric. All Board members present voted in favor.

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby accepts the proposal of CivicPlus, dated September 24, 2026, to prepare and host a new Village website at a one-time cost of $3,908.00 with an annual recurring services charge in the amount of $3,258.00, and the Mayor or Deputy Mayor are authorized to sign the agreement.

    1. A motion for a resolution to Schedule a Public Hearing on a Local Law Amending §230-15 of the Zoning Law to Clarify that New Underground Fuel Oil Storage Tanks are Prohibited and the Standards for Above Ground Tanks was moved by Eric and seconded by Karen. All Board members present voted in favor.

Wayne explained that this is to clarify a section of the code to be consistent with the law that was just passed.

    1. A motion for a resolution to Schedule a Public Hearing on a Local Law Amending §230-64A(1) of the Zoning Law to Mandate a Presubmission Conference Before the Architectural Review Board for Certain Applications was moved by Tom and seconded by Karen. All Board members present voted in favor.

Wayne explained that this is something that has been brought to the Trustees from the ARB. They have found presubmission conferences very helpful and want more applicants to utilize it.

  • Legal/Litigation Update- Wayne reported that there is no new litigation to discuss.
  • A motion to go into Executive Session at 9:47am to discuss Litigation/Personnel was moved by Tom and seconded by Eric. All Board members present voted in favor.
  • A motion to reopen the meeting at 10:17am was moved by Karen and seconded by Tom. All Board members present voted in favor.
  • Date for next Trustees meeting –Saturday, October 10th, 2026 at 9:00AM
  • A motion to adjourn at 10:17am was moved by Tom and seconded by Karen. All Board members present voted in favor.

 

 

Category: Minutes