Village of Dering Harbor
Trustees’ Meeting
Minutes
November 13, 2021, 9:00 AM
● Attendance- Patrick Parcells (mayor), Brad Goldfarb, Ari Benacerraf, absent- Karen Kelsey and Brandon Rose, Wayne Bruyn (village attorney), Vicki Shields (village clerk), Donna Ritzzmann (stenographer hired by Timothy Hogue), Bridgford Hunt, Eric and Stephanie Deutsch, Susan Dempsey (SI Reporter)
● The meeting was called to order at 9:01am.
● A motion to accept the minutes from the October 9th meeting was made by Brad and seconded by Ari. All Board members present voted in favor.
● Old Business
○ Treasurer Report – Outstanding Bills Abstract
■ A motion for a resolution approving payment of bills on abstract was made by Brad and seconded by Ari. All Board members present voted in favor. Patrick asked Vicki to use money from the Repair Reserve account to cover the invoices from Ocean Electric. Vicki also asked if she could buy a new printer to replace the one that has stopped working. Tim Collins from East End Computers recommended an HP model that has the same functionality and is less than $200. Patrick said yes- that there is money in the budget for that purchase.
■ There was no new litigation or legal update from Wayne.
● New Business ○ Announcements- Samuel Ashner, of 26 Harbor Lane, is having a gathering at his home and he has asked for permission to use the village parking today. A motion granting that permission for the day was moved by Brad and seconded by Ari. All Board members present voted in favor.
○ Last month, John Colby alerted the village by email about East End Pest Control using village water from the hydrant to fill one of their trucks. Patrick wanted to be clear that he had SCWA take that standard provision for such use out of the village’s contract with them. In a letter of response to John Colby, Patrick had stated that East End Pest Control was “cheating” by using village water. He publicly apologized to them for characterizing it in that way, since East End Pest Control was unaware that the typical SCWA provision had been taken out of the village contract. Therefore, East End Pest Control was not cheating. Patrick also wanted to state publicly that the village is very happy with the services that the SCWA is providing to the village.
○ Water Update
■ Leak Policy- tabled discussion until next meeting, when more members of the board can be present.
○ A motion for a resolution to appoint Susannah Rose as ARB Chairperson was made by Brad and seconded by Ari. All Board members present voted in favor.
○ A motion for a resolution to appoint George Birman as an ARB Member, to fulfill Alfredo Paredes’ term, was made by Brad and seconded by Ari. All Board members present voted in favor.
○ A motion for a resolution to appoint Julie Farris as an ARB Alternate was moved by Brad and seconded by Ari. All Board members present voted in favor.
○ A motion to reopen the Public Hearing on Permitted Uses, Driveways and Parking was made by Brad, seconded by Ari.
■ Public comments: Bridgford Hunt is concerned about the off-street parking clause. He believes this proposed legislation will negatively impact his enjoyment and the value of his property. Brad asked him if he would be ok with a time limit on off-street parking. Bridgford said he would not be negatively impacted by a time limit.
■ A motion to adjourn this public hearing for all purposes and keep open until the December 11th meeting was made by Ari and seconded by Brad. All Board members present voted in favor.
○ A motion to open the Public Hearing on the Discontinuance of a Portion of Dering Lane was made by Brad and seconded by Ari. All Board members present voted in favor.
■ There were no comments from the public.
■ Patrick asked Wayne if he was satisfied with what had been submitted. Wayne answered yes.
■ A motion to close the Public Hearing was made by Brad and seconded by Ari.
A motion to approve the following resolution was made by Brad and seconded by Ari. All Board members present voted in favor.
RESOLUTION TO DISCONTINUE PORTION OF DERING LANE
WHEREAS, Harold K. Ressler, the owner of 14 Harbor Lane shown as Lots 20, 22, 24, 26, 28, 30, 32, 33, 34, 35, 36, & 37 on the subdivision map entitled “Map of Shelter Island Park filed in the office of the Clerk of Suffolk County Clerk on January 25, 1875 as Map No. 150, has requested the Village to consider the discontinuance of an approximately 17.5’ wide portion of Dering Lane that that abuts the front lot line of his property on the north; and
WHEREAS, pursuant to the Order and Judgment signed by the Honorable Joseph C. Pastoressa, J.S.C. on November 12, 2020 and entered on November 23, 2020 in the matter of Brad Goldfarb, Alfredo Paredes and Martha Baker v. Village of Dering Harbor, et.al, Supreme Court of the State of New York, Suffolk County, Index No. 21637/2015, the Village of Dering Harbor, no later than October 14, 1943, had discontinued the strip of land abutting and south of the deeded front lot line of the Baker premises at 16 Harbor Lane (opposite the Ressler property) by filing the 1943 Amended Village Map, which narrowed Dering Lane to only 25 feet, and ordered the Village to adopt a formal resolution of discontinuance pursuant to New York State Village Law §6-612; and
WHEREAS, in consideration of the 1943 Amended Village Map and the Court Order and Judgment in the Baker matter, Mr. Ressler provided a survey, last revised on September 17, 2021, and a legal description and requested the Board of Trustees adopt a resolution discontinuing an approximately 17.5’ wide portion of Dering Lane that that abuts the front lot line of his property on the north; and
WHEREAS, pursuant to New York State Village Law §6-612 the Board of Trustees “may by resolution provide for laying out, altering, widening, narrowing, discontinuing or accepting the dedication of a street in the village;” and
WHEREAS, pursuant to New York State Village Law §6-614 a public hearing was held on November 13, 2021; and
WHEREAS, in furtherance of the aforesaid Order and Judgement of the Court the Board of Trustees find that:
(1) Dering Lane is an approximately 550-feet long cross street extending between Locust Point Road on the east to Harbor Lane on the west.
(2) Including the Ressler lot, there are four parcels of land having frontage on Dering Lane with only Baker’s property (a corner lot on Harbor Lane) and one other property (a corner lot on Locus Point Road) currently have their driveways onto Dering Lane.
(3) Other than the portion of Dering Lane which widens to provide a grassed median on the westerly end, the paved width of Dering Lane is approximately 15-20 feet with the remaining portion of the right-of-way consisting of lawn or landscaping by abutting owners.
(4) The 17.5-foot wide portion of Dering Lane abutting the Ressler property as depicted on the survey prepared by Robert W. Brown, L.S. last revised on September 21, 2021, which narrows to accommodate the wider paved portion with grass median on the westerly end is otherwise grass with one tree and has remained undisturbed and unused as a street by the public for several decades.
(5) The existing paved width of Dering Lane as shown on the survey provides suitable physical access to the abutting properties and for passage by the public and emergency vehicles.
(6) Like nearby Gardiner Way, Dering Lane will have a 25-foot right-of-way, and act as minor cross-street, both of which are not considered, used or planned to be major thoroughfares.
(7) The remaining right-of-way of Dering Lane can accommodate the existing public improvements, including utilities, and reasonable future expansion thereof.
(8) The 17.5-foot wide portion of Dering Lane abutting the Ressler property is no longer needed as a thoroughfare and is useless as a public street.
(9) As the Court determined in the Baker matter, portions of Dering Lane were effectively discontinued as the consequence of the Village’s filing of the 1943 Amended Village Map, which narrowed Dering Lane to only 25 feet. NOW, THEREFORE, BE IT RESOLVED, that pursuant to New York State Village Law §6-612 and in furtherance of the Order and Judgment signed by the Honorable Joseph C. Pastoressa, J.S.C. on November 12, 2020 and entered on November 23, 2020 in the matter of Brad Goldfarb, Alfredo Paredes and Martha Baker v. Village of Dering Harbor, et.al, Supreme Court of the State of New York, Suffolk County, Index No. 21637/2015, the Board of Trustees of the Village of Dering Harbor hereby affirms and authorizes the discontinuance of the 17.5-foot wide strip of land abutting and north of the deeded front lot line of the Ressler premises as more particularly shown on the survey prepared by Robert W. Brown, L.S. last revised on September 21, 2021; and
BE IT FURTHER RESOLVED, that the Mayor is authorized to sign the deed and all necessary recording instruments to cause title to said strip to be conveyed to Harold K. Ressler as herein described.
○ A motion to open the Public Hearing on Cannabis Legislation was made by Brad and seconded by Ari. All Board members present voted in favor.
■ There were no public comments.
■ Wayne explained why the village would want to adopt this legislation. No business can be conducted in the village per the code as it is currently written, but codes can change. This legislation ensures that even if the village code changes regarding conducting business in the village, retail cannabis business will not be permitted. Also, this would be in keeping with what the Town of Shelter Island has adopted.
■ A motion to close the public hearing was made by Brad, second by Ari.
■ A motion to adopt the following Local Law was made by Brad, seconded by Ari. All Board members present voted in favor.
WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a local law adopted pursuant to New York Cannabis Law §131 opting out of licensing and establishing retail cannabis dispensaries and on-site cannabis consumption establishments in the Village of Dering Harbor; and
WHEREAS, a public hearing was held on November 13, 2021; 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 2021 is hereby adopted as follows:
LOCAL LAW NO. 4 OF 2021
A LOCAL LAW A Local Law adopted pursuant to New York Cannabis Law §131 opting out of licensing and establishing retail cannabis dispensaries and on-site cannabis consumption establishments in the Village of Dering Harbor.
BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:
SECTION 1. LEGISLATIVE INTENT. It is the intent of this local law to opt the Village of Dering Harbor out of hosting retail cannabis dispensaries and on-site cannabis consumption establishments within its boundaries.
SECTION 2. LOCAL CANNABIS RETAIL DISPENSARY AND ON-SITE
CONSUMPTION OPT-OUT. The Board of Trustees of the Village of Dering Harbor, Town of Shelter Island, County of Suffolk, hereby opts-out of licensing and establishing cannabis retail dispensaries and cannabis on-site consumption establishments within the boundaries of the Village of Dering Harbor.
SECTION 3. AUTHORITY. This local law is enacted pursuant to New York Cannabis Law § 131, which expressly authorizes cities and villages to opt-out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within their boundaries.
SECTION 4. 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 5. EFFECTIVE DATE. This local law shall take effect immediately upon filing with the Secretary of State. Pursuant to New York Cannabis Law § 131, this local law is subject to a permissive referendum and thus may not be filed with the Secretary of State until the applicable time period has elapsed to file a petition or, if such a petition is validly filed, a referendum has been conducted approving this local 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
SUBJECT TO A PERMISSIVE REFERENDUM
PLEASE TAKE NOTICE that after public hearing was held on November 13, 2021, the Board of Trustees of the Village of Dering Harbor at their meeting of November 13, 2021 adopted LOCAL LAW NO. 4 OF 2021 as follows: “Local Law adopted pursuant to New York Cannabis Law §131 opting out of licensing and establishing retail cannabis dispensaries and onsite cannabis consumption establishments in the Village of Dering Harbor.”
PLEASE TAKE FURTHER NOTICE, that this local law is subject to a permissive referendum pursuant to the provisions of Article 9 of the New York Village Law.
Copies of the adopted 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
○ A motion to pass the following resolution to schedule a Public Hearing to acquire an easement over property of 9A Yoko Road LLC was made by Brad and seconded by Ari. All Board members present voted in favor
WHEREAS, the property of 9A Yoko Road LLC, with a street address at 9A Yoco Road in the Village of Dering Harbor, and designated as SCTM# 0701-001.00-03.00-008.000 (the “9A Yoko Property”), is surrounded by properties of the Village of Dering Harbor used for municipal and public water supply purposes; and
WHEREAS, the 9A Yoko Property is more particularly described in a deed dated February 24, 2017 and recorded in the office of the Suffolk County Clerk on April 12, 2017 in Liber 12908, page 220; and
WHEREAS, the 9A Yoko Property is a trapezoidal shaped-parcel of land with a maximum width of 44’ and a depth of 163 feet consisting of approximately 6,400 square feet (0.15 acres); and
WHEREAS, the replacement of the water tank on the adjoining Village property revealed the existence of decades old water mains running under and across the 9A Yoko Property and the necessity to utilize a portion 9A Yoko Property to maintain the water tank facilities in their current location; and
WHEREAS, a public hearing was held on April 19, 2021 pursuant to Article 2 of the Eminent Domain Procedure Law of the State of New York with respect to the acquisition of the 9A Yoko Property; and
WHEREAS, in lieu of further Eminent Domain proceedings, 9A Yoko Road LLC has offered to sell to the Village an easement for the furtherance of public water supply facilities and related municipal purposes for consideration of $7,500.00.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held at Saturday, December 11, 2021 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 acquisition of an easement in and over the property of 9A Yoko Road LLC for the furtherance of public water supply facilities and related municipal purposes for consideration of $7,500.00; and
BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing and deliver a copy to 9A Yoko Road LLC and its attorney:
NOTICE OF PUBLIC HEARING TO ACQUIRE AN EASEMENT
PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor shall hold a public hearing on Saturday, December 11, 2021 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 acquisition of an easement in and over the property of 9A YOKO ROAD LLC; situate at 9A Yoco Road, in the Village of Dering Harbor, Town of Shelter Island, County of Suffolk, State of New York and designated as SCTM# 0701-001.00-03.00-008.000, more particularly described in a deed dated February 24, 2017 and recorded in the office of the Suffolk County Clerk on April 12, 2017 in Liber 12908, page 220. The acquisition of the referenced easement is intended for the furtherance of public water supply facilities and related municipal purposes and is for consideration of $7,500.00.
BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK
● A motion to go into Executive Session at 9:26am – Litigation and Personnel Matters- was moved by Brad and seconded by Ari.
● A motion to reopen the meeting at 10:59am was moved by Brad and seconded by Ari. All Board members present voted in favor.
● Date for next regular Trustee’s meeting – December 11, 2021 at 9:00 am
● A motion to adjourn at 10:59am was moved by Brad and seconded by Ari. All Board members present voted in favor.