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, August 13, 2022 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 extending the moratorium on the demolition of buildings and structures established under Local No. 1 of 2022 for an additional 180 days.

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Monday, Wednesday and Friday 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

RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW EXTENDING THE MORATORIUM ON THE DEMOLITION OF BUILDINGS AND STRUCTURES ESTABLISHED UNDER LOCAL NO. 1 OF 2022 FOR AN ADDITIONAL 180 DAYS

 

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on August 13, 2022 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 extending the moratorium on the demolition of buildings and structures established under Local No. 1 of 2022 for an additional 180 days.”

LOCAL LAW NO. ___ OF 2022

A LOCAL LAW Local Law extending the moratorium on the demolition of buildings and structures established under Local No. 1 of 2022 for an additional 180 days.

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

SECTION 1. LEGISLATIVE INTENT.  By Local Law No.1 of 2022, adopted on March 12, 2022, and filed with the Secretary of State on March 16, 2022, the Board of Trustees moratorium on the demolition or alteration of existing buildings or structures and the issuance of a building permit or demolition permit and related review by the ZBA or ARB.  Under Section 3 of the Local Law, the time period for the moratorium is 180 days from the effective date of the local law, which means the moratorium will expire on September 12, 2022.  In April, 2022, the Board of Trustees retained the services of Patrick Ahearn, FAIA, who specializes in historic preservation and creating classic American architecture designed for contemporary living.  Mr. Ahearn is tasked with the responsibility of facilitating public participation in the development of a vision, priorities and goals for design guidelines and drafting proposed standards for the review of historic buildings and structures and new construction in the Village of Dering Harbor.  This effort includes a review of the Design Principles and, if necessary, an update of the inventory and analysis of the historic and architectural significance of existing buildings and structures in the Village, consultation with the Village officials, including the Architectural Review Board; communication and outreach with community members; and production of recommendations of alternatives to the current laws, rules and regulations for the preservation of historic buildings and structures.  Mr. Ahearn has commenced review of the existing regulations and coordinated a community meeting and tour of the Village on June 4, 2022.  Mr. Ahearn has provided the Village with a timeline for the production of draft recommendations for the Board of Trustees internal review in August, 2022.  Thereafter, it is anticipated that Mr. Ahearn’s recommendations will be presented to the community for input, which may take 1-2 months.  Thereafter, drafting of any necessary code amendments, referrals to advisory agencies and formal public hearings will take place.  Given the timeline proposed by Mr. Ahearn, the Board of Trustees believe that it is reasonably necessary to assure that the demolition or alteration of existing buildings or structures does not change the status quo during the pendency of this study, and that an additional 1-2 months may be needed to assure that residents have ample opportunity to express their concerns and recommendations before changes are made to the code.  Accordingly, it is the intent of this local law to extend the moratorium on the demolition of buildings and structures established under Local No. 1 of 2022 for an additional 180 days. 

SECTION 2.  AMENDMENT.  The time period in Section 3 of Local Law No.  of 2022 shall be extended for any additional period of one-hundred eighty (180) days from the effective date hereof.  This moratorium shall automatically expire at the end of the term stated herein, unless extended by the adoption of a local law by the Village Board amending this term.

SECTION 3.  All other terms and conditions of Local Law No. 1 of 2022 shall remain in full force in effect during the term of this extension.

SECTION 4.  AUTHORITY.  The proposed local law is enacted pursuant to Village Law §7-712, Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e)(3), and expressly supersedes all applicable provisions of Chapter 230 (Zoning) of the Code of the Village of Dering Harbor to review and approve applications for building permits and/or demolition permits under Article VII, review by the Board of Appeals under §230-9B or Article VIII, or  review by the Architectural Review Board under Article X of the Zoning Code of the Village of Dering Harbor.

SECTION 5.  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 6.  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, August 13, 2022 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 extending the moratorium on the demolition of buildings and structures established under Local No. 1 of 2022 for an additional 180 days.

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Monday, Wednesday and Friday 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