Minutes – March 2, 2019 – Village of Dering Harbor

Village of Dering Harbor
Trustees’ Meeting
March 2nd, 2019, 9am

Attendance – Betsy Morgan, Mayor and Trustees Patrick Parcells and Clora Kelly, Wayne Bruyn (Village Attorney), Victoria Weslek (Village Clerk); absent- Ari Benacerraf and Karen Kelsey;

Members of the public present: Susan Carey, Donna Rittzmannn, Annbeth Eschbach, Stephanie Deutsch, Eric Deutsch

Meeting called to order – 9:06amApproval of the minutes from the January 12th meeting– Motion made by Patrick and seconded by Clora to approve the minutes of the Board of Trustees meeting of January 12th, 2019. All Board members present voted in favor.

Approval of the minutes from the February 13th meeting– Motion made by Patrick and seconded by Clora to approve the minutes of the Board of Trustees special meeting of February 13th, 2019. All Board members present voted in favor.

Motion to open the Public Hearing on revisions to the Construction law – Betsy asked for a motion to reopen public hearing to hear additional comments on a Local Law Amending Local Law No. 4 of 2016 Regulating Construction to clarify the Definition of Construction Work. Moved by Clora and seconded by Patrick. All Board members voted in favor.

Wayne noted that this was the 5th public hearing on this. Grammatical changes and punctuation tweaks were made but the substance has not changed since the last time the board reviewed the changes.The most recent revision did not change the hours. There was discussion about extending the hours (9am-12pm as opposed to 9:30-11:30). Other than that, it was agreed that the proposed law reflects the consensus of the village. Betsy asked the hours be changed in the proposed law and adjourn for all purposes until April 13th, 2019

Motion to close the hearing was moved by Patrick and seconded by Clora. All Board members present voted in favor.

Motion to resolve for a public hearing to be held on April 13th, 2019 was moved by Clora 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, April 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 Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.”

LOCAL LAW NO. ___ 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 Saturday mornings, emergency repairs or clean–ups after major storms and golf, beach and tennis clubs, and municipal employees 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, and municipal employees 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 12:00 noon.

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 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, April 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 Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.”

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 open the Public Hearing on a local law amending various sections of the zoning law to reference the adoption of an application fee schedule – Moved by Patrick and seconded by Clora. All Board members voted in favor.

The fee schedule needs to be updated because it is outdated. The proposed fee schedule will be fair and no longer embedded in the law itself. The fees will be able to be amended in the future (when needed) by resolution as opposed to needing to change the whole law. The recommended fee schedule is consistent and in keeping with what other nearby villages have as their fee schedules. Wayne recommended keeping the resolution open for public hearing and to wait to hear from the SCPC. Betsy adjourned for all purposes until April 13th

Motion to close the hearing was moved by Clora and seconded by Patrick. All Board members present voted in favor.

Motion to resolve for a public hearing to be held on April 13th, 2019 was moved by Clora 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, Aril 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 various sections of the Zoning Law to make reference to the adoption of an application fee schedule.”

LOCAL LAW NO. ___ OF 2019

A LOCAL LAW amending various sections of the Zoning Law to make reference to the adoption of an application fee schedule.”

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

Section 1. Legislative Intent. Currently the Zoning Law provides for certain application fees that have not been amended or updated since the 1980s. It is the intent of the local law to amend various sections of the Zoning Law to make reference to the adoption of an application fee schedule by resolution of the Board of Trustees, which may be reviewed and updated from time to time.

Section 2. Amendment. Section §7-710 of the Zoning Law is hereby amended by deleting strikethrough words and adding underlined words as follows:

Section 7-710 Building permit and Certificate of Occupancy/Compliance: fee

Every application for a building permit shall include an estimate of the cost of the proposed building or structure. A fee to accompany each application shall be charged based upon the estimated cost, at the following rates:

If the cost does not exceed $5000 the fee shall be $150

If the cost exceeds $5,000 but does not exceed $25,000 the fee shall be $250

If the cost exceeds $25,000 but does not exceed $75,000 the fee shall be $500

If the cost exceeds $75,000 the fee shall be $850

Before a Certificate of Occupancy is issued, the applicant or owner shall be required to file the tax assessor’s final cost of completion computed from the increase of assessed valuation, if any. If such final cost exceeds the estimated cost an appropriate adjustment shall be made in the fee any additional amount shall be paid. In no event shall any building permit fees be refunded.

Every application for a building permit or a certificate of occupancy/compliance shall be subject to a fee in an amount set by the Board of Trustees from time to time by resolution.

Section 3. Amendment. Section §7-716 of the Zoning Law is hereby amended by deleting strikethrough words and adding underlined words as follows:

Section 7-716; Other Fees

Notwithstanding any other provisions of this local law, fee payable to the Village for applications and appeals or concerning any matter, will be set from time to time by the Board of Trustees.

Unless a fee is otherwise expressly stated in the Zoning Law, all applications made under the Zoning Law, including but not limited to applications to the Planning Board, Board of Appeals, Architectural Review Board and Building Inspector, shall be subject to a fee in an amount set by the Board of Trustees from time to time by resolution. In addition, all applications shall be subject to the provisions of “Local Law 1 of 2016 Requiring reimbursement of Application Expenses and Consulting and Professional Fees.”

Section 4. Amendment. Section §7-718C of the Zoning Law is hereby amended by deleting strikethrough words and adding underlined words as follows:

Section 7-718C. Demolition Permit; fee

Every application for a demolition permit shall include an estimate of the cost of the proposed demolition, alteration or removal of the existing structure or portion of structure. A fee to accompany each application shall be charged based upon the estimated cost at the following rates:

If the cost does not exceed $5000 the fee shall be $150

If the cost exceeds $5,000 but does not exceed $25,000 the fee shall be $250

If the cost exceeds $25,000 but does not exceed $75,000 the fee shall be $500

If the cost exceeds $75,000 the fee shall be $850

Every application for a demolition permit shall be subject to a fee in an amount set by the Board of Trustees from time to time by resolution.

Section5. Authority. The proposed local law is enacted pursuant to Village Law §7-714 and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e)(4)(b).

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 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, April 13th, 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 various sections of the Zoning Law to make reference to the adoption of an application fee schedule.”

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK

Motion to open old business– Patrick made motion and Clora seconded. All Board members present voted in favor.

Ways and Means

Current invoices for review and approval- Betsy asked for motion to approve payment of invoices. Moved by Patricki and seconded by Clora. All Board members present voted in favor.
State audit status- Betsy said they are about ½ way through, Patrick was able to rectify a problem the current board had inherited regarding the comptroller’s office.
Audit of 2017/18 update- nearly finished, Patrick suggested to have Nawrocki Smith present the audit to the board, had asked them to do a very thorough audit and they are doing so.

Water update from Patrick– Last month, the village installed a test well on Manhanset Road- site chosen based on the info from the USGS. The initial tests for water quality are very good, chlorides are very low, hydrologists are still working on modeling the availability/quantity of water that can be taken. If the results come back good, two new wells will be installed and the Yoco Road barn will be renovated. Clora asked for a timeline, Patrick said that if all goes well, the wells could be installed and operating by the summer. Errors were made in the past in terms of location of wells and the amount of water that was being pumped. The new pumps will be in a better location and will pump more slowly. Stephanie Deutsch asked if there is any concern about the wells being so close to the golf course (and all the chemicals they put on their property). Patrick asked the same question and was assured it’s not a problem. Also, the village will be installing meters. Patrick noted cost per meter- $1,050. The village will pay the water authority to install the meters and then the village will bill the homeowners. They will be tax-deductible and once started, the wells will take 2-4 weeks to install. Question from audience about who will monitor the meters? SCWA will monitor them and will look at patterns that start to emerge. If the village had installed meters in the past, the problems happened in the past would have been detected much sooner

Status on codification program for laws (from Karen’s email)- Wayne presented a report from General Code- draft table of contents, organizational analysis and an outline of questions they want the village to answer, some subjects they are recommending the board adopt- including public access to records, etc., identified some outdated legislation that are on the books that can be repealed. Clora commented she thinks this is super important for transparency. Wayne gave credit to Karen for all the work she’s been doing on this.

Motion to open new business- Patrick made motion and Clora seconded. All Board members present voted in favor.

Preliminary budget approval for 2019-2020 fiscal year– officially presented to the board by the village clerk. Patrick explained that the last budget had to increase taxes by 22% to make up for a budget deficit they had been running for more than 5 years. Revenues are $460,000 (including state revenue share, mortgage tax, sale of tax) and village needed to reforecast the budget based on recent changes that have happened (have outsourced many services that had been kept in-house). After the reforecast and entering the numbers into QB, the village is in a very good cash situation. $148,000 after all expenses that need to be paid out, include a contingency in the budget for reserves. The village was operating irresponsibility for years without a contingency budget or reserve. This preliminary budget needed to be presented by March 20th and is still very preliminary. There are things missing, including $49,000 in fees from SCWA. If the village enters into a long-term agreement with them, that will go away, The budget (around $200,000), excludes capital improvements to water system, (cost for improvements- $1,000,000, which will be funded over 40 years at $70,000/year). Taxes will go down in 2020. Members of public impressed with the numbers reflected in the preliminary budget and thanked the board (especially Patrick) for the efforts they’ve put into. Wayne- we need schedule public hearing and make the preliminary budget available on the website for the public to review before the final budget can be adopted.

Motion to resolve for a public hearing to be held on April 13th, 2019 to review the preliminary budget was moved Patrick moved and seconded by Clora. All Board members present voted in favor.

WHEREAS, pursuant to §5-504 of the New York State Village Law, the Village Clerk has presented and filed the Tentative Budget for Fiscal Year 2019-2020 with the Board of Trustees.

NOW, THEREFORE, BE IT RESOLVED, that pursuant to §5-508(3) of the New York State Village Law, the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing be held at 9:00 a.m. prevailing time on Saturday, April 13, 2019 at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the Annual Estimated and Tentative Budget for the fiscal year 2019/2020.

Copies of the Annual Estimated and Tentative Budget for the fiscal year 2019/2020 will be available to the public beginning Friday, March 8, 2019 and will thereafter be 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.

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK

Resolution to have public hearings for two proposed laws (accessory buildings and non-conforming lots)

Clora explained the thinking behind the proposal to ammend the need for ZBA oversight on non-conforming lots. Of the 35 households in the village, 21 of the households are on “non-conforming” lots and cannot make any changes to their property without ZBA approval. There is no precedent for this in any other municipality and it is highly irregular. It was also was only loosely enforced in the past. Wayne concurred that the current law is overly burdensome.

Motion to resolve for a public hearing to be held on April 13th, 2019 regarding the proposed amendment to Local Law 2 of 2000 regarding ZBA oversight of non-comforming lots was moved Patrick and seconded by Clora. 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, April 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 the Zoning Law to permit sleeping and sanitary facilities in accessory buildings under certain conditions.”

LOCAL LAW NO. ___ OF 2019

A LOCAL LAW amending the Zoning Law to permit sleeping and sanitary facilities in accessory buildings under certain conditions.”

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

Section 1. Legislative Intent. Currently the Zoning Law prohibits “living or sleeping quarters or kitchen facilities of any kind” in an accessory building. The Board of Trustees find that the seasonal and second home nature of the Village and the existing pattern of development and physical conditions of the Village of relatively large estate lots warrant consideration of the use of accessory buildings for sleeping and sanitary facilities for the family, guests, or domestic employees of the occupants of the principal dwelling. The use and occupancy of an accessory building by the occupants of the principal dwelling, their family, guests, or domestic employees would be for sleeping and sanitary purposes only and there will no separate kitchen and cooking facilities in the accessory building. It is the intent of this local law to amend the definition of an accessory building to eliminate the prohibition of the placement of sleeping and/or sanitary facilities in an accessory building and add a new section 4-427 setting forth conditions and special standards under which an accessory building may contain sleeping and sanitary facilities.

Section 2. Amendment. Section 1-106(2)(a), (definition of Accessory Building) is hereby amended by deleting strikethrough words and adding underlined words as follows:

Accessory Building. A building or structure which is subordinate to the principal building on the same lot, such as a barn, boathouse, garage, greenhouse, playhouse, stable, swimming pool or dish antenna or shed whether attached to or from the principal building or any other building on the lot. An accessory building may shall not contain living or sleeping quarters or kitchen or cooking facilities of any kind. An accessory building must meet these requirements whether it is attached or separate from a principal building or any other building or structure, or accessory building. An accessory building may contain sleeping and sanitary facilities pursuant to the terms and conditions set forth in §4-427.

Section 3. Amendment. Section 3-300(2) is hereby amended by deleting strikethrough words and adding underlined words as follows:

Section 3-300; Uses, Permitted Generally

The following uses, buildings and structures are permitted in both districts:

Detached single family dwelling
Accessory building or structure, including accessory buildings with sleeping and sanitary facilities authorized under §4-427
Accessory use
Municipal
Home occupation
Golf course

Section 4. Amendment. Article IV of the Zoning Law is amended to add a new section 4-427 (Sleeping and Sanitary Facilities in an Accessory Building) as underlined words as follows:

Section 4-427. Sleeping and Sanitary Facilities in an Accessory Building.

Sleeping and sanitary facilities may be located in an accessory building whether it is attached or separate from a principal building or any other building or structure, provided the Building Inspector finds that the following conditions and standards are met:

The accessory building with sleeping and sanitary facilities shall not be used and occupied by a person or family independent from the occupants of the principal dwelling on the lot. Said accessory building with sleeping and sanitary facilities shall not be rented or leased to a tenant or tenants for occupancy by a person or family independent from the occupants of the principal dwelling. Use and occupancy of the accessory building with sleeping and sanitary facilities shall be limited to family, guests or domestic employees of the occupants of the principal dwelling. Nothing herein shall prohibit the entire lot being rented or leased provided any such tenant of the entire lot complies with the aforesaid restrictions.
In order to construct, maintain or use an accessory building for sleeping and sanitary facilities, the landowner shall apply for and receive a building permit and certificate of occupancy in the manner of all other applications for building permits and certificates of occupancy.
No building permit for the addition of sleeping and sanitary facilities in a new building or in an existing accessory building that requires structural alterations to the exterior shall be issued by the Building Inspector until said application has been approved by the Architectural Review Board.
No building permit for the addition of sleeping and sanitary facilities in a new building or in an existing accessory building shall be issued by the Building Inspector unless and until said application has been approved by the Suffolk County Department of Health Services.
Special Standards. In addition to any other standards, codes, rules or regulations which may be applicable to the construction and use of an accessory building, including the New York State Uniform Fire Prevention and Building Code, the Building Inspector shall certify that the following special standards have been complied with.

(a) An accessory building with sleeping and sanitary facilities shall be permitted in an existing building or structure that has been issued a certificate of occupancy/compliance, or be entitled to the issuance of a certificate of occupancy by virtue of a preexisting status, or is new construction that complies with the provisions of the Zoning Law. Notwithstanding the above, no permit shall be processed until the lot has a certificate of occupancy for an existing single-family dwelling.

(b) The lot to which the accessory building with sleeping and sanitary facilities is to be added shall have only one dwelling unit in existence on the lot at the time of application.

(d) No nonconformities or violations of the Zoning Law shall exist at the time of application for an accessory building with sleeping and sanitary facilities, except as provided in subsection (e) below. The Building Inspector shall inspect the premises upon receipt of a completed application, and the application shall not be processed until all outstanding violations are corrected.

(e) The lot and all required dimensional requirements, including lot area, lot width, lot depth, and setbacks, shall not be less than 90% of the applicable dimensional requirement of the underlying zoning district. A lot with a nonconformity of a greater degree shall not be eligible unless a variance is obtained from the Zoning Board of Appeals.

(f) Minimum and maximum floor areas shall be as follows: The accessory building with sleeping and sanitary facilities shall be a minimum of 400 square feet and it shall not exceed 35% of the total floor area of the principal dwelling to a maximum of 1,000 square feet. All habitable living space in the accessory building or structure will count toward the maximum square footage of the accessory building.

(g) An accessory building with sleeping and sanitary facilities shall contain no more than two conventional bedrooms. The bedrooms and bathroom shall not provide the sole access to any other rooms or the sole access to the out-of-doors.

(h) An accessory building with sleeping and sanitary facilities shall not be permitted on a lot on which exists a bed-and-breakfast, rooming or boarding house, home occupation, pre-existing apartment, or multiple-family dwelling.

The Building Inspector shall require that the above restrictions be incorporated in a covenant and noted on or referred to in the certificate of occupancy to be issued for the lot. The covenant shall be in a form acceptable to the Village Attorney and be recorded prior to the issuance of a certificate of occupancy. The covenant shall be valid so long as the accessory building with sleeping and sanitary facilities is maintained on the lot.

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 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 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 at 9:00 a.m. prevailing time on Saturday, April 13, 2019 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 the Zoning Law to permit sleeping and sanitary facilities in accessory buildings under certain conditions.”

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK

Regarding the proposed amendment to the accessory building law, Clora explained that given the number of seasonal, second homes in The Village it would allow for sleeping quarters and plumbing in accessory buildings for guests and family members to stay. Permissions would be accompanied by stringent regulations. The law will bring the village in line with all other neighboring municipalities. Annbeth Eschbach commended the Board of Trustees for moving forward with this and remarked that it allows residents to add value to their property.

Motion to resolve for a public hearing to be held on April 13th, 2019 regarding the proposed accessory building use law was moved Patrick and seconded by Clora. 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, April 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 Articles V, VI and IX of the Zoning Law with respect to nonconforming buildings and structures and nonconforming lots.”

LOCAL LAW NO. ___ OF 2019

A LOCAL LAW 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, lot coverage or volume of the nonconformity 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 of less than three hundred feet, notwithstanding 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, notwithstanding 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 of less than two-hundred feet, notwithstanding 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, lot coverage or volume 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 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 at 9:00 a.m. prevailing time on Saturday, April 13, 2019 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 Articles V, VI and IX of the Zoning Law with respect to nonconforming buildings and structures and nonconforming lots.”

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK

Resolution to accept the SCWA proposal for installation of water meters– The board needs to approve the SCWA proposal so they can move forward with the work. Wayne referenced a law from 1989 (“water works”) and a book written about the history of the village, in which it is established that providing water to the residents was a main objective of the village. The board is “commissioners of the water district”. Betsy read aloud the resolution;

A motion to adopt the resolution was moved by Patrick and seconded by Clora. All board members present voted in favor.

WHEREAS, pursuant to the provisions of Article 11 of the New York State Village Law and Local Law No. 1 of 1989, the Board of Trustees, as Commissioners of the Village of Dering Harbor Water District, manage, maintain and operate a water distribution system for the benefit of the residents of the Village of Dering Harbor; and

WHEREAS, the Water District has installed a new water storage tank and is considering upgrades of water supply wells to improve the distribution of water to residents; and

WHEREAS, the Village has engaged the Suffolk County Water Authority (“SCWA”) on an interim basis to provide operational, management and consulting services to the Water District, including the daily water quality testing and reporting by a licensed Water Plant Operator, and

WHEREAS, it has been reported that the Water District has been experiencing water quality issues with its water supply due to excessive volumes of water being pumped from its wells; and

WHEREAS, although water meters once existed in the past, there currently are no individual water meters connected to the water distribution system; and

WHEREAS, the SCWA has recommended that Water District consider the installation of individual water meters which enable the Water District to better ascertain and monitor the use of water quantities leaking in the distribution system or being consumed by residents, and facilitate billing for water usage; and

WHEREAS, the installation of individual water meters is a necessary obligation of the Village to fairly monitor, manage and operate the Water District and is in the best interests of the taxpayers and residents of the Village of Dering Harbor; and

WHEREAS, pursuant to the provisions of Article 11 of the New York State Village Law and Local Law No. 1 of 1989, the cost of the installation of water distributions lines, mains, laterals and appurtenances, including water meters, is the sole expense of the property owners to be served thereby; and

WHEREAS, by letter dated February 27, 2019, the SCWA has provided the Village with a proposal to install individual water meters for each residence that is currently connected to the Village water distribution system that is currently recommended that Water District at their standard cost of $1,050.00 per residence; and

WHEREAS, the Village has determined that there are 35 residences plus Village Hall in the Village connected to the Village water distribution system and the total cost to the Village will be $37,800, which cost will be paid by the Village but reimbursed by individual property owners as required by law.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees, as Commissioners of the Village of Dering Harbor Water District, hereby approves and authorizes the proposal of the Suffolk County Water Authority, dated February 27, 2019, to install individual water meters for each residence and Village Hall that is currently connected to the Village water distribution system at a total cost of $39,900, which represents a cost of $1,050.00 per installation; and

BE IT FURTHER RESOLVED, that Mayor Elizabeth Morgan or Trustee Patrick Parcells are authorized to enter into a contract with the SCWA to install said water meters, which contract shall be in a form found acceptable by the Village Attorney; and

BE IT FURTHER RESOLVED, that the cost of the installation of the individual water meters of $1,050.00 per residence shall be the expense of the property owners to be served thereby and billed by the Water District for payment in one installment by the property owner on or before June 30, 2019, which expense shall constitute a lien on the property and collected as provided by law.

ZBA meeting scheduled for April 6^th -must be noticed in the paper, a letter sent to all residents within 200 feet, and also notice all residents via email. Also notice residents in that same email about next Trustees meetings- April 13th, May 11th

June BOT meeting date– Betsy can’t make the scheduled date. Patrick made a motion and Clora seconded to move meeting from June 8th to June 1st. All board members present voted in favor.

Motion to go into Executive Session to discuss litigation – Patrick made a motion and Clora seconded to go into executive session at 10:52am. All board members present voted in favor.

The Board returned at 12:24 and called the meeting back into session.

Patrick made a motion and Clora seconded to pass a resolution to authorize payment to the Shelter Island Fire district for fire protection services for fiscal year 2018/19 in the amount of $35,000.00. All board members present voted in favor.

Motion to Adjourn- Betsy asked for a motion to adjourn. Patrick moved and Clora seconded at 12:30pm. All board members present voted in favor.

Village of Dering Harbor

Minutes – March 2, 2019

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