Minutes – June 8, 2019 – Village of Dering Harbor

Village of Dering Harbor
Trustees’ Meeting
June 8th, 2019, 9am

Attendance – Betsy Morgan, Mayor, and Trustees Karen Kelsey, Patrick Parcells, Clora Kelly;
absent- Ari Benacerraf;
Wayne Bruyn (Village Attorney), Victoria Weslek (Village Clerk & Treasurer);
Members of the public present- Joey Modica, Ben Brown, Stuart Goldman, Bob Ruttenberg, James Goldman, Donna Ritzmann, Taylor Ritzmann, Jasper Yang, Daniel Calabro, Joanne Calabro, Ken Walker, Mary Walker, Annbeth Eschbach
Meeting called to order at 9:09am
Patrick moved and Karen seconded to approve the minutes from the May 11th meeting. All board members present voted in favor.
Patrick moved and Clora seconded to open the Public Hearing on a local law amending on the construction law. All board members present voted in favor.

Only change made since last month’s draft were to the hours carved out for homeowners, which were extended: 9am-3pm.
Comments from the public: Joey Modica asked for clarification on the term “machine.” Ben Brown asked for the definition of “homeowner” and “employee.” Wayne clarified those definitions for them. Betsy added that the law is really asking for common sense regarding noise and for everyone to be neighborly.
Patrick made a motion and Karen seconded to close the public hearing. All board members present voted in favor.
Motion to adopt the local law was moved by Patrick and seconded by Clora. All Board members present voted in favor.

WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a local law amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping; and

WHEREAS, a public hearing was held on October 13, 2018, November 10, 2018, December 8, 2018 and January 12, 2019, February 9, 2019, March 2, 2019, April 13, 2019, May 11, 2019 and June 8, 2019; 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 2019 is hereby adopted as follows:

LOCAL LAW NO. 3 OF 2019

A LOCAL LAW amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.

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

Section 1. Legislative Intent. For the purpose of protecting the safety and well-being of the resident of the Village of Dering Harbor, Local Law No. 4 of 2016 sets forth regulations governing the dates and times in which construction work can be undertaken. Construction work is defined as “any work done on a building for which a building permit or demolition permit has been issued . . .” The Village, however, has experienced activities involving work that does not require a building permit that have caused noise and other impacts negatively effecting the atmosphere and peace and tranquility of the Village during the times construction work is otherwise prohibited. It is the intent and purpose of this Local Law to relabel the local law and clarify the definition of construction work and include work and activities customarily associated with construction, property maintenance and landscaping that may not require a building permit, including but not limited to any work of construction, erection, alteration, repair, addition to, excavating, grading, landscaping, hedge trimming, lawn maintenance and leaf blowing or other improvement of any realty, building or structure, which work and activities customarily produce activities, noise or other sounds of such intensity or quality that it disturbs the peace and quiet of residents particularly during the weekends and summer season. The time periods for the exclusion of such activities remains the same as the current construction law, but contains exceptions for swimming pool maintenance, snow removal services, homeowners performing property maintenance and landscaping work on Saturdays, emergency repairs or clean–ups after major storms and golf, beach and tennis clubs in the performance of their regular duties.

Section 2. Amendment. Section 1.1 (Title of Local Law) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

1.1 Title. This Local Law shall be entitled “Local Law No. 4 of 2016 of the Incorporated Village of Dering Harbor, a Local Law Adopting Regulations Regarding Permitted Regulation of Construction, Property Maintenance and Landscaping Work in the Village of Dering Harbor.”

Section 3. Amendment. Section 1.2 (Enactment) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

1.2 Enactment. Pursuant to Section 10 of the Municipal Home Rule Law and the Village Law of the State of New York, the Incorporated Village of Dering Harbor, County of Suffolk and State of New York, hereby enacts by this Local Law of 2016, a Local Law of the Village of Dering Harbor.

Section 4. Amendment. Section 1.4 (Findings) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

1.4 Findings. The Board of Trustees of the Village of Dering Harbor determines and finds that it is in the best interests of the Village, its residents, property owners and guests, and of the preservation of good order and public safety in the Village of Dering Harbor to prohibit construction, property maintenance, landscaping work and related activities during certain hours of the day and week during certain times of the season. The Village of Dering Harbor is an entirely residential Village with less than 40 residences, the large majority of which are used mostly on weekends and during the summer and at other times by residents seeking peace and quiet. The quiet and calm of the Village are special attributes that residents value and wish to maintain and enhance.

Section 5. Amendment. Section 2.0 (Definition) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

2.0 Definition. Construction work is defined as any work done on a building for which a building permit or demolition permit has been issued until the work done under such permit has been completed involving the construction, reconstruction, erection, alteration, repair, addition to, demolition or removal of buildings or structures, or the excavation, clearing, filling or grading of land, or the placement or removal of earth, stone or material of any kind, or other improvement of any realty, building or structure, whether or not the work involves the use of machinery or power tools. The term “construction work” shall not mean the performance of necessary emergency repairs.

Property maintenance and landscaping work is defined as any work involving the excavation, clearing, filling or grading of land, or the placement or removal of earth, stone or material of any kind, or the process of tending, planting, installing, maintaining, or repairing lawns, gardens, hedges, flower beds, shrubbery, trees, or vegetation of any kind, which work involves the use of machinery or power tools, including but not limited to lawn mowers, weed trimmers, leaf blowers and hedge trimmers. The term property maintenance and landscaping work shall not include swimming pool maintenance or snow plowing, snow blowing or other snow removal activities. The term “property maintenance and landscaping work” shall not mean the performance of necessary emergency repairs or clean–ups after major storms, nor shall it apply to golf, beach and tennis clubs in the performance of their regular duties.

Section 6. Amendment. Section 2.1 of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

2.1 Construction, Property Maintenance and Landscaping Work During designated Times Prohibited.

It shall be and hereby is prohibited for any person or party to perform construction work or property maintenance and landscaping work, or make deliveries for construction work or property maintenance and landscaping work on any realty, building or structure for which a building permit, demolition permit or similar municipal approval has been issued except as follows:

From May 1 until Columbus Day (Except Saturday, Sunday, Holidays and July 4 weekend as defined below):

Construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are permitted Monday – Thursday 8:00 a.m. – 6:00 p.m. and Friday 8:00 a.m. – 5:00 p.m. during this period.

All construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on Saturday, Sunday and Holidays during this period, except that a homeowner (excluding employees or contractors) may undertake property maintenance and landscaping work on a Saturday between the hours of 9:00 a.m. and 3:00 p.m.

July 4^th Weekend: When July 4 falls on a Tuesday, construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on July 3. When July 4 falls on a Thursday, construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on July 5.

From Columbus Day until May 1 (except Sunday, holidays and Thanksgiving weekend as defined below):

Construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are permitted Monday – Saturday: 8:00 a.m. – 6 p.m. during this period.

All construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on Sundays and the following holidays: Memorial Day, July 4, Labor Day, Columbus Day, Thanksgiving, Christmas and New Year’s Day.

The use of any music playing device such as a radio, cd player or phone during construction, property maintenance and landscaping work in a manner that the sound can be heard beyond the property line of the property being worked on is prohibited.

Section 7. Authority. The proposed local law is enacted pursuant to Village Law §4-412 and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e) (3).

Section 8. 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 9. 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 hearing was held on October 13, 2018, November 10, 2018, December 8, 2018 and January 12, 2019, February 9, 2019, March 2, 2019, April 13, 2019, May 11, 2019 and June 8, 2019, the Board of Trustees of the Village of Dering Harbor at their meeting of June 8, 2019 adopted LOCAL LAW NO. 3 OF 2019 as follows: “A LOCAL LAW amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.”

Copies of the adopted law are on file in the Village Hall, Tuesdays and Thursdays, from 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.

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

Karen moved and Clora seconded to open the Public Hearing on a local law amending the zoning code to add a new #6-616 with respect to setbacks for buildings, structures and impervious surfaces for waterfront properties. All Board members present voted in favor.
Law was revised since last meeting to change the setbacks based on functionality of bulkheads. Also goes on to define the term “waterfront facility.” Wayne noted that the village is seeking to join the surrounding municipalities in their effort to protect the surrounding water by requiring these setbacks. He also noted that the village received a letter from SCPC that it is a matter of local determination.
There were no comments from the public
Karen moved and Clora seconded to close the public hearing. All Board members present voted in favor.
Motion to adopt the local law was moved by Karen and seconded by Clora. All Board members present voted in favor.

WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a local law amending the Zoning Law to add a definition and standards for waterfront facilities and add a new §6-616 with respect to setbacks for buildings, structures and impervious surfaces on waterfront properties; and

WHEREAS, a public hearing was held on May 11, 2019 and June 8, 2019; and

WHEREAS, by letter dated May , 2019, 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. 4 of 2019 is hereby adopted as follows:

LOCAL LAW NO. 4 OF 2019

A LOCAL LAW amending the Zoning Law to add a definition and standards for waterfront facilities and add a new §6-616 with respect to setbacks for buildings, structures and impervious surfaces on waterfront properties.”

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

Section 1. Legislative Intent. The surface waters and wetlands associated with Dering Harbor and Greenport Harbor in and adjacent to the Village of Dering Harbor have long been recognized as the Village’s most valuable natural resources. The Board of Trustees of the Village of Dering Harbor finds that it has been a long standing the policy of the Village of Dering Harbor, the surrounding Towns of Shelter Island, Southold, Southampton and East Hampton and the Villages therein, the County of Suffolk and the State of New York to conserve and protect these shared natural resources and the benefits derived therefrom. As part of a comprehensive approach to managing the wetlands and surface water resources of the Village of Dering Harbor, it is integral for the Village to implement protections of its wetlands and surfaces waters consistent with the regulatory protections of other State and local programs and laws. Important elements in such programs include local land use controls governing setbacks and buffers for activities, including site disturbance, grading, filling, planting of fertilizer dependent vegetation, and placement of impervious surfaces, building and structures adjacent to wetlands and water bodies. The New York State Department of Environmental Conservation (“NYSDEC”) requires a minimum 75 foot setback for regulated activities along tidal wetlands (see 6 NYCRR §661.6) and the Suffolk County Department of Health Services (“SCDHS”) requires a setback of 150 feet for new sanitary systems. These setbacks have been universally accepted (outside of New York City) as the minimum necessary to be protective of adjacent wetlands and surface waters. Ordinarily the NYSDEC will review all regulated activities adjacent to the tidal wetlands of the Village, however, the NYSDEC may not assert jurisdiction in all cases, particularly where a property has a functional bulkhead or where the regulated activity is at an elevation of 10 feet or more above mean sea level (see 6 NYCRR §661.4(b)(1)). Lack of jurisdiction by the NYSDEC, however, does not automatically presume that regulated activities on property with a functional bulkhead or above the 10 contour will not impact the wetlands and water resources of the Village. Currently, all buildings and structures on waterfront lots in the “B” Residential District are only required to maintain a 40’ rear yard structural setback (see §6-612).

The Village of Dering Harbor has 27 tax parcels fronting on tidal wetlands, only one of which is in municipal ownership and preserved. Of the remaining 26 parcels, 8 are conforming and 18 are nonconforming with respect to lot area and/or lot width for the B” Residential District. Approximately 20 parcels have bulkheads. Given the number of bulkheads and the elevation of adjacent properties, there are many instances in the Village where the NYSDEC may not assert jurisdiction and establish conditions to assure minimum setbacks and buffers for regulated activities. Currently, no building or structure can be built on a nonconforming lot without special exception approval from the ZBA, but there is no additional oversight required for development on conforming lots. Moreover, the special exception standards that must be reviewed for development on nonconforming lots are focused primarily on the orderly and reasonable use of adjacent properties and there are no standards directed specifically to the protection of the Village’s wetlands and surface waters.

Therefore, consistent with surrounding municipal regulations and the aforesaid public policies to conserve and protect the Village’s wetland and water resources, adequate setbacks and buffers must be required for new buildings, structures, or impervious surfaces, other than a waterfront facility, on properties adjacent to the Village’s wetlands and surface waters. It is the intent of this local law to add a new §6-616 to require on all properties adjacent to the wetlands or surface waters of the Village that all new buildings, structures or impervious surfaces have a minimum setback of 75 feet measured from the upland edge of wetlands as defined and delineated by the NYSDEC where there is no functional bulkhead and 50 feet where there is a functional bulkhead, and that all new sanitary septic systems shall have a minimum setback of 150 feet. In the event the upland edge of wetlands shall be a functional bulkhead, then the setback shall be measured from the bulkhead. Such setbacks are required by the Village Dering Harbor regardless whether the NYSDEC or SCDHS grant approval otherwise. It is also the intent of this local law to establish a definition of a “waterfront facility” and to enhance the existing standards for same set forth in §6-614.

With respect to existing buildings, structures or impervious surfaces, the reconstruction, expansion, enlargement, alteration or modification of a preexisting building, structure or impervious surface not conforming to these setbacks shall be subject to the provisions of §9-900 (Non-conforming Situations), which permits “in-kind” reconstruction of a nonconforming building or structure. Variances to these setbacks may be granted by the ZBA in accordance with the provisions of Article VIII of the Zoning Law and §7-712(b) of the New York State Village Law, which requires that the applicant demonstrate that a grant of the variance shall not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or in the affected area of the Village.

With respect to sanitary septic systems, it is the intent of this law that all new sanitary septic systems shall have a minimum setback of 150 feet from wetlands. This setback for sanitary systems is consistent with surrounding municipal, County and State policies and regulations. The replacement of a septic system in a location less than the required setback would require a variance whereby the ZBA can weigh and balance the benefit to the applicant as weighed against the detriment to the health, safety, welfare and environment of the Village and its water resources. It is recognized that in some instances it may not be physically practical to install a new septic system at the required setback, but the ZBA has the authority to consideration such factors and obtain reasonable mitigation measures including consideration of the installation of new Innovative Alternative On-Site Wastewater Treatment Systems (“I/A OWTS”) now being approved by the SCDHS.

Section 2. Amendment. Subsection 1-106 Definitions of Article 1 of the Zoning Law is amended by adding a new definition for Waterfront Facility as underlined words as follows:

Waterfront Facility: A bulkhead, pier, wharf, revetment, dock, piling, or similar structure to which a vessel or watercraft may be secured, such building on such structures or contiguous to them used for the storage of equipment and changing of clothes, including a boathouse or bathhouse, and other structures necessary for access to the water from the upland area, including walkways, paths, boardwalk, stairs and steps.

Section 3. Amendment. Section 6-614; Waterfront facilities is amended by deleting strikethrough words and adding underlined words as follows:

Section 6-614; Waterfront facilities

A waterfront facility, boathouse or bathhouse shall not contain sleeping, cooking or sanitary facilities.
The floor area of any boathouse or bathhouse shall not exceed one hundred (100) square feet.
The height of any boathouse or bathhouse wholly or partly seaward of the ordinary high-water line shall not exceed fifteen (15’) feet and no part of any dock, pier or wharf shall be constructed to a height greater than six (6’) feet above the ordinary high water line.
No boathouse or bathhouse shall be constructed, reconstructed, erected, installed, placed, deposited, expanded, enlarged, altered or modified without special exception permission from the Zoning Board of Appeals.

Section 4. Amendment. Article VI of the Zoning Law is amended by adding a new §6-616 as underlined words as follows:

Section 6-616; Setbacks for Development on Waterfront Lots

No building, structure, or impervious surface, other than a waterfront facility, shall be constructed, reconstructed, erected, installed, placed, deposited, expanded, enlarged, altered or modified on a waterfront lot adjacent to wetlands or surface waters unless said building, structure and/or impervious surface shall have a minimum waterfront setback measured from the upland edge of wetlands as defined and delineated by the New York State Department of Environmental Conservation (“NYSDEC”) of 50 feet where there is a functional bulkhead and 75 feet measured where there is no functional bulkhead, and all new sanitary septic systems shall have a minimum setback of 150 feet. In the event the upland edge of wetlands shall be a functional bulkhead, then the aforesaid setback shall be measured from the bulkhead. Such setbacks are required by the Village Dering Harbor regardless whether the NYSDEC or SCDHS grant approval otherwise.

Section 5. Authority. The proposed local law is enacted pursuant to Village Law §§7-700 & 7-708 and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e)(3).

Section 6. 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 7. 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 hearing was held on May 11, 2019 and June 8, 2019, the Board of Trustees of the Village of Dering Harbor at their meeting of June 8, 2019 adopted LOCAL LAW NO. 4 OF 2019 as follows: “A LOCAL LAW amending the Zoning Law to add a definition and standards for waterfront facilities and add a new §6-616 with respect to setbacks for buildings, structures and impervious surfaces on waterfront properties.”

Copies of the adopted law are on file in the Village Hall, Tuesdays and Thursdays, from 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.

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

Clora made a motion and Karen seconded to open the Public Hearing on a local law amending articles V, VI & IX of the zoning code with respect to nonconforming buildings and structures on nonconforming lots. All Board members present voted in favor.
Wayne reiterated what has been said in previous meetings regarding the need for amending this local law. He also noted that the village received a letter from SCPC that it is a matter of local determination.
There were no comments from the public.
Karen moved Clora seconded to close the public hearing. All Board members present voted in favor.
Motion to adopt the local law was moved by Karen and seconded by Clora. All Board members present voted in favor.

WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a local law amending Articles V, VI and IX of the Zoning Law with respect to nonconforming buildings and structures and nonconforming lots; and

WHEREAS, a public hearing was held on April 13, 2019, May 11, 2019 and June 8, 2019; and

WHEREAS, by letter dated May 22, 2019, 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. 5 of 2019 is hereby adopted as follows:

LOCAL LAW NO. 5 OF 2019

A LOCAL amending Articles V, VI and IX of the Zoning Law with respect to nonconforming buildings and structures and nonconforming lots.”

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

Section 1. Legislative Intent. Currently the Zoning Law requires that no building or structure shall be erected or altered on a nonconforming lot, without first obtaining special exception permission from the Zoning Board of Appeals. Special exception permission is required regardless of whether or not the building or structure to be altered or the addition of a building or structure will comply with the underlying zoning requirements. The Board of Trustees find that compliance with the underlying zoning dimensional requirements (i.e. setbacks, height) presumptively meets special exception standards and that additional review by the ZBA in such instances is duplicative, burdensome and unnecessary. Expansion of a nonconforming building and structure or the addition of a proposed building or structure that will not comply with the underlying zoning requirements will still require application to the ZBA under the “nonconforming” provisions of §9-900. Specifically, it is the intent of this local law to amend sections 5-502, 5-504, 6-602 and 6-603 to eliminate the requirement for special exception review for the alteration or addition of a building or structure on a nonconforming lot. The underlying dimensional requirements for the two zoning districts remain the same. It is also the intent of this local law to amend §9-900(3) to clarify that a legally existing nonconforming building and structure can be reconstructed, structurally altered, restored, repaired, in whole or in part, except that the degree of nonconformity shall not be increased, including that there be no expansion of the floor area or lot coverage of the nonconforming portion of such building or structure.

Section 2. Amendment. Section 5-502 is hereby amended by deleting strikethrough words and adding underlined words as follows:

Section 5-502; Area and width of lot
No building or structure shall be erected or altered on a lot having an area less than three acres or width of less than two hundred feet, not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals. The lot area for a lot in the “A” Residential District shall be three acres (130,680 square feet). The lot width for a lot in “A” Residential District shall be two hundred (200) feet.

Section 3. Amendment. Section 5-504 is hereby amended by deleting strikethrough words and adding underlined words as follows:

Section 5-504; Depth of lot
No building or structure shall be erected or altered on a lot having a depth off less than three hundred feet, not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals. The lot depth for a lot in the “A” Residential District shall be three hundred (300) feet.

Section 4. Amendment. Section 6-602 is hereby amended by deleting strikethrough words and adding underlined words as follows:

Section 6-602; Area and width of lot
No building or structure or a waterfront facility other than a boathouse shall be erected or altered on a lot having an area less than three acres or width of less than two hundred feet, not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals. The lot area for a lot in the “B” Residential District shall be one and one-half acres (65,340 square feet). The lot width for a lot in “B” Residential District shall be one hundred fifty (150) feet.

Section 5. Amendment. Section 6-604 is hereby amended by deleting strikethrough words and adding underlined words as follows:

Section 5-504; Depth of lot
No building or structure or a waterfront facility other than a boathouse shall be erected or altered on a lot having a depth off less than two-hundred feet, not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals. The lot depth for a lot in the “B” Residential District shall be two hundred (200) feet.

Section 6. Amendment. Section 9-900(3) is hereby amended by deleting strikethrough words and adding underlined words as follows:

Non-conformity other than use.
A building and structure that is conforming in use but does not conform to the height, yard, or area, or other dimensional requirements shall not be considered to be nonconforming within the meaning of paragraphs 1 and 2 of this section. A building or structure that is conforming in use, but is nonconforming as to the height, yard, area or other dimensional regulations may be reconstructed, structurally altered, restored, repaired, in whole or in part, except that the degree of nonconformity shall not be increased. No permit shall be issued, however, that will result in the expansion of the area on the ground floor area or lot coverage of any such nonconformity.

Section 7. Authority. The proposed local law is enacted pursuant to Village Law §§7-700 & 7-708 and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e)(3).

Section 9. 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 hearing was held on April, 13, 2019, May 11, 2019 and June 8, 2019, the Board of Trustees of the Village of Dering Harbor at their meeting of June 8, 2019 adopted LOCAL LAW NO. 5 OF 2019 as follows: “A LOCAL LAW amending Articles V, VI and IX of the Zoning Law with respect to nonconforming buildings and structures and nonconforming lots.”

Copies of the adopted law are on file in the Village Hall, Tuesdays and Thursdays, from 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.

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

Karen made a motion and Clora seconded to open the Public Hearing on a local law amending the navigation, surface water use and mooring regulations of 2012 prohibiting transient anchoring and living on boats at docks. All Board members voted in favor.
The village is in receipt of a letter from the Town of Shelter Island and will be in talks with them about this proposed law in the coming weeks. Betsy explained that the village wants to have parody with the town.
Wayne explained that this is not a new law. It goes back to the 70’s, was totally revised in 2012 and left a lot of questions as a result. It is being revisited because one question is how the village can enforce the current law and because there is vulnerability in the current law.

Comments from the public:

James Goldman- his understanding that this law was drafted in reaction to a specific incident from last summer. Suggested that village residents confront individual situations themselves as opposed to addressing them with a law. Betsy clarified that several people reached out regarding the boat that was anchored last summer and she stated that one of the missions of this board is to be good stewards of the environment. Karen added that there has been a lot of work done on this and it is very important to village residents.

Stuart Goldman asked if there could be an attachment explaining where people can anchor/can’t anchor for clarification purposes? Maybe moorings set out as well for clarification? Also suggested clarification on who can use someone’s boat on a dock. Also suggested the buoys that used to be set out need to be set out once again.

Ken Walker- concerned about how the current law can be enforced. Wayne explained that is why the proposed law is needed- for clarification and enforcement purposes.

Public hearing will adjourn for all purposes and kept open until July meeting. Karen moved, Clora seconded.

Karen made a motion and Clora seconded to open old business. All Board members present voted in favor.

Treasurer’s Report prepared with Charlene Kagel of East End Accounting Services

1. Bank reconciliation- Patrick explained some housekeeping that needs to be done with regard to the village books. Charlene will be upgrading the accounting process based on recommendations that recent audits have suggested. A lot of progress has been made regarding the tidying up of the village finances
2. Resolution to approve the abstract/bills to be paid. Patrick made a motion and Clora seconded this resolution. All Board members present voted in favor.
3. update on received taxes & reminder to pay by July 1^st to avoid penalties

Resolution to renew our insurance coverage with a substantial savings from last year through Salerno Brokerage. Patrick noted that the village is saving about ½ of what was budgeted for ($24000 budgeted, policy is $16000). Patrick made a motion and Clora seconded to approve the resolution. All Board members present voted in favor.

Ways and Means

1. State audit status- Betsy explained that in the best case scenario, the state audit will be done by the end of the year, unless they find any glaring mistakes and inconsistencies
2. Nawrocki audit of 2018/19 fiscal year

Water update from Patrick- chloride levels have really come into line and it has a lot to do with the way SCWA is managing the village water. They are well below the acceptable level by the EPA. Patrick says it’s been a real pleasure working with the SCWA. The testing they do alone is incredibly valuable to the village.

1. Patrick gave a brief update on test wells
2. Metering update – only 4 wells left to install (as of the day of the meeting). SCWA is having a little trouble finding some of the connections but they are making progress
3. Reminder that VDH water is not to be used for filling or topping up pools; you must use private well water or truck water in.
4. Extension of short term agreement- Short-term agreement expires on June 15th. It is going to be extended by 90 days. The village has already started discussion on terms of a long-term agreement that Patrick hopes will be done in the next 90 days. Patrick made a motion and Karen seconded to pass a resolution extending the short term agreement with SCWA. All Board members present voted in favor.

WHEREAS, the Village of Dering Harbor owns, maintains and operates a water distribution system for the benefit of its residents; and

WHEREAS, by resolution dated June 8, 2018, the Board of Trustees of the Village of Dering Harbor approved an agreement with the Suffolk County Water Authority (“SCWA”) to provide operational, management and consulting services, including the daily water quality testing and reporting by a licensed Water Plant Operator to the Village for a period of one-year commencing on June 15, 2018, and

WHEREAS, the Village and SCWA have been undertaking necessary investigations and studies with respect to the long term supply and distribution of water to Village residents and have been considering a long-term agreement between the parties to operate and manage the Village’s water distribution system; and

WHEREAS, to permit the Village and the SCWA additional time to complete such investigations and studies, the Village of Dering Harbor and SCWA desire to extend such agreement for an additional 90 days.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby authorizes a 90 day extension of the agreement with the Suffolk County Water Authority to provide operational, management and consulting services, including the daily water quality testing and reporting by a licensed Water Plant Operator, commencing on June 15, 2019, and authorizes Betsy Morgan, Mayor, to execute said extension agreement on behalf of the Board of Trustees and the Village of Dering Harbor.

Karen made a motion and Clora seconded to open new business. All Board members present voted in favor.

An email from Dan Calabro was read aloud by Betsy. She asked Mr. Calabro (who was present) for further comments. Mr. Calabro explained the reason for his letter was to make sure that everyone is aware of his inquiry. He wants to know why the new water tower was moved 80 feet from original location and according to him, “no one is taking action on this.” Seems this aspect of the project was swept under the rug. Betsy assured Mr. Calabro that nothing was swept under the rug and that all communications she received were forwarded
Karen asked for clarification on the size of Mr. Calabro’s property and how he gets access.
Patrick explained that the new tank location was chosen to avoid hitting the water main as well as other factors, based on an engineer’s findings. Wayne explained that water mains were shown on a survey from 1917.
Wayne asked Mr. Calabro if he’s represented by counsel. He said not at this time.
Wayne asked when did he acquire the property? 1983. Was a survey done? Yes. Wayne asked for a copy of that survey.
According to Mr. Calabro, Jason Hime from the SC Dept of Health contacted him regarding this matter, apparently on request from someone in the department (although Mr. Calabro seemed confused about which body was making this inquiry). Wayne explained that the direct source related to the construction of the tank is the village, not the SCWA, not the Health Dept.
Mr Calabro contends that there was no survey done until May 21^st. Wayne presented a survey that was done previous to that and the project.
Mr. Calabro also contends that the tank has been built on his property. Wayne said it was not.
Patrick asked Mr Calabro for clarification for what he wants done here. He also asked for a valuation of the land, since Mr. Calabro contends that the project has diminished the value of his parcel.
Joann Calabro asked Patrick for clarification about footings and if they are on Mr. Calabro’s property. Patrick stated no.
It was explained to Mr. Calabro that he needs to submit a FOIL request for whatever documentation he is asking for (which is extensive).

New FOIL request received, which will require extra hours from Vicki to keep up

Betsy introduced Jasper Yang who will be interning for the village this summer.

ARB working group, with the goal of streamlining processes and procedures of the ARB, as well as guidelines. This group is open to every village resident to participate. So far Brad Goldfarb, Stephanie Deutsch, Mickey Kostow are part of the group, with Clora as the trustee liaison.

Election reminder: the election will be on June 18^th, voting hours as 12:00pm- 9:00pm, polling inspectors will be Angela Corbet and Wade Badger. With alternates (if needed) of Barbara Brigham and Lois Corbett. Vicki asked to follow up with alternates to make sure they have documentation. Note that Betsy will be unreachable from the 18^th through the 23^rd as she’ll be in the Grand Canyon on a rafting expedition.

The next Trustees’ Meeting (which will be an organizational meeting) is July 13th .

Karen made a Motion and Patrick seconded to go into Executive Session to discuss litigation and personnel matters at 10:39am. All Board members present voted in favor.

Board came out of Executive Session. Patrick moved and Cora seconded to call meeting back to order at 12:10pm.

Patrick made a motion and Karen seconded to pass a resolution extending the contract for Christian Johnson at an annual rate of $22500. All Board members present voted in favor.

WHEREAS, by resolution dated October 13, 2018, the Board of Trustees of the Village of Dering Harbor accepted the proposal of Christian Johnson Tree and Turf Works, Inc. (“contractor”) for snowplowing, highway, lawn and landscape maintenance services for Village roads and properties for a one year term for an annual cost of $20,000.00; and

WHEREAS, the Board of Trustees and the contractor entered a contract dated November 10, 2018 for said services with conflicting dates with respect to the term ending on either June 30, 2019 (the end of the fiscal year) or October 14, 2019 (one year term); and

WHEREAS, the Board of Trustees desire to correct the term of the contract to align with the Village’s fiscal year, and

WHEREAS, the contractor has offered to continue the snowplowing, highway, lawn and landscape maintenance services for Village roads and properties at an annual cost of $22,500.00; and

WHEREAS, based upon the satisfactory level of service provided by the contractor to the Village since October, 2018, the Board of Trustees also desire to extend and modify the contract to continue the services of the contractor for the next two (2) years commencing on July 1, 2019, at an annual cost of $22,500.00.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby authorizes the extension and modification of the contract with Christian Johnson Tree and Turf Works, Inc. for snow plowing, highway, lawn and landscape maintenance services for Village roads and properties for a two (2) year term commencing on the Village’s next fiscal year on July 1, 2019 at an annual cost of $22,500.00, and authorizes the Mayor or Deputy Mayor, to execute an agreement to extend and modify the aforesaid contract on behalf of the Board of Trustees and the Village of Dering Harbor.

Patrick moved and Clora seconded to pass a resolution for appointment of alternates. All Board members present voted in favor.

Resolution regarding ARB was moved by Clora moved and seconded by Patrick. All Board members present voted in favor.

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, July 13, 2019 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled: “Local Law amending Article X of the Zoning Law to add a new §10-105 with respect to the Chairperson of the Board of Architectural Review, training and appointment of alternate members.”

LOCAL LAW NO. ___ OF 2019

A LOCAL LAW amending Article X of the Zoning Law to add a new §10-105 with respect to the Chairperson of the Board of Architectural Review, training and appointment of alternate members.”

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

Section 1. Amendment. Article X of the Zoning Law is amended to add a new Section §10-105 is hereby amended by adding underlined words as follows:

Section 10-105. Chairperson, Training and Alternate Members.

The Board of Trustees shall designate the Chairperson and Vice-Chairperson of the Board of Appeals. Such designation shall be for one official year of the Village and shall expire at the end of each official year. During the absence, disability or disqualification of the Chairperson, the Vice-Chairperson shall perform all the duties, exercise the powers and be subject to all of the responsibilities of the Chairperson. The designation of Chairperson and Vice-Chairperson may be withdrawn at the pleasure of the Village Board. The duties of the Chairperson shall be as follows:

(1) To preside at all meetings.
            (2) To postpone meetings due to inclement weather and to call special meetings.
            (3) To sign, together with the administrative support personnel of the Village Clerk or Building Inspector, all official documents of the Board of Appeals.
            (4) To see that all reports, documents, and actions of the Board of Architectural Review are properly made, executed, filed or taken, as the case may be, in accordance with law and regulations of the Board of Architectural Review.
            (5) To serve as liaison the Village Board of Trustees and other Village boards.

Training. All members of the Board of Architectural Review, including alternate members, shall be required to meet the training and continuing education requirements as established by law and the Board of Trustees.
Alternate Members. For the purposes of substituting for a member of the Board of Architectural Review in the event that such member is unable to participate because of a conflict of interest or is otherwise unavailable due to a long term absence, disability or disqualification, the Mayor may appoint one or more alternate members subject to the approval of the Board of Trustees, with any such appointment for a term of one year from the date of appointment. Any designation of an alternate member in replacement of a member on a particular case because of a conflict of interest or unavailability due to a long term absence, disability or disqualification shall be made by the Chairperson of the Board of Architectural Review and shall be entered in the minutes.

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 refer this local law to the Suffolk County Planning Commission; and

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

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, July 13, 2019 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled: “Local Law amending Article X of the Zoning Law to add a new §10-105 with respect to the Chairperson of the Board of Architectural Review, training and appointment of alternate members.”

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Tuesday, from 9:00 a.m. to 12:00 noon and Thursday 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.

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

Motion to Adjourn- moved by Patrick, Clora seconded, at 12:13pm

Village of Dering Harbor

Minutes – June 8, 2019

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