Village of Dering Harbor
September 11th, 2021, 9:00 AM
● Before beginning the meeting, Karen asked for a moment of silence to remember those lost during September 11th, 2001.
● The meeting called to order at 9:51am
● Attendance- Karen Kelsey (Deputy Mayor), Trustees Ari Benacerraf, Brad Goldfarb,
Brandon Rose, absent- Patrick Parcells; Wayne Bruyn (village attorney), Vicki Shields (village clerk), Donna Ritzmann, Susan Dempsey, Eric Deutsch, Stephanie Deutsch, Mary Walker.
● A resolution to accept the minutes from the August 14th, 2021 meeting was moved by Brad and seconded by Brandon. All Board members present voted in favor.
● A resolution to accept the minutes from the August 30th special meeting was moved by Ari and seconded by Brad. All Board members present voted in favor.
● Old Business
○ Update on Chris Chobor Contract- The contract has been signed. He anticipates the work will start in early October. Karen asked Brad if Chris has an idea of how long the project will take. Brad said no.
○ Treasurer Report – Outstanding Bills Abstract
■ A motion for a resolution approving payments was made by Brandon and seconded by Brad. All Board members present voted in favor.
○ Litigation/Legal Update- Wayne was happy to report there is no new litigation or claims. He did hear from appellate division about future scheduling of current arguments. They have not been scheduled yet but will probably happen later this fall.
○ Reopen the Public Hearing – Zoning – Permitted Uses: Driveways and Parking
Public comments: Stephanie Deutsch had a question, so that the ARB could proceed with data. She asked if each of the Trustees could share where they stand on this issue. Wayne explained where the village stands with this version. The question was raised with respect to driveways and parking areas and what kind of review the village wants to have involved. The BOT wants to ensure that the ARB understands its charge in reviewing those items, since they don’t fall under their typical building review. The question is whether there should be any further guidance included in this legislation at this time as to what that review by the ARB is. The BOT is looking for input from the ARB, which Wayne thinks would be helpful.
Stephanie went on to give an update as a member of the ARB. They have drafted a list of preferred and unfavorable materials. The ARB is going to be meeting in October to cover this topic. She went on to say that the ARB would like to retain purview over driveways, parking, landscaping, and siting, though they have not reached consensus on this as a board, nor have they gotten enough formal input from the community. They have gotten informal input. In her experience on the ARB, these issues can often be amicably and easily resolved in an ARB meeting. She asked Wayne if the ARB may obtain the Trustees input on this topic as residents. Wayne explained that they are free to do so but they have to be careful that it isn’t a position of what their legislative authority is. It’s the BOT that is asking for input from the ARB. She also added they are looking at adding landscape lighting as part of standards they review. Brad asked for clarification. She explained that the ARB has addressed landscape lighting with past submissions and they want to continue to do so, with the understanding that it falls under the “use and enjoyment” criteria in the code. They may or may not use Dark Skies Legislation as a guide. Since the ARB won’t be meeting until after the next BOT meeting, Wayne recommended that this public hearing be held open until the November meeting, with the hope that the ARB will have completed their recommended standards and have presented them to the board.
A motion for a resolution to hold open this Public Hearing and adjourn for all purposes until the November 13th meeting was made by Ari and seconded by Brad. All Board members present voted in favor.
● New Business
○ A resolution to Extend NYSEFC Drinking Water Facility Note- Wayne noted that this was already done at the last meeting. Closing of note happened on Wednesday, Sept. 8th.
○ A resolution to pass the following resolution to schedule a Public Hearing on the discontinuance of a portion of Dering Lane at 14 Harbor Lane, adjoining property of Kirk Ressler was moved by Brad and seconded by Brandon. All Board members present voted in favor. Mr. Ressler has agreed to submit the original documents he had submitted electronically to the clerk’s office, which he needs to provide before the Public Hearing occurs. The board asked that the documents be submitted a week before the Public Hearing is set to occur.
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 has provided a survey 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 §6-614 the Board of Trustees may by resolution provide for discontinuing of a street in the village after due notice and a public hearing.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to New York State Village Law §6-614
the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, October 9, 2021 at 9:00 a.m. prevailing time to hear any and all persons either for or against the adoption of a resolution discontinuing a portion of Dering Lane as described herein; 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 pursuant to §6-614 of the New York State Village Law the Board of Trustees of the Village of Dering Harbor will hold a public hearing on Saturday, October 9, 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 adoption of a resolution in accordance with §6-612 of the New York State Village Law discontinuing an approximately 17.5 foot wide portion of Dering Lane that abuts the northerly front lot line of the property of Harold K. Ressler known as 14 Harbor Lane, Village of Dering Harbor, Town of Shelter Island, County of Suffolk, State of New York and designated as SCTM 0701-001.00-02.00-015.000. The meeting of the Board of Trustees and aforementioned public hearing may be held by video conference (i.e ZOOM). The information for accessing meeting materials and the meeting as it happens are provided by the Village Clerk and are also posted on the Village website. Copies of the aforesaid judgement, survey and deed are on file in the Village Hall, and can be reviewed in the Village Hall, Monday, Wednesday and Friday from 9:00 a.m. to 12:00 noon, or by appointment with the Village Clerk.
BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK
○ A motion for a resolution authorizing the Village Treasurer to transfer funds from the X0253 Repair Reserves Account to the X1449 Operating Account for costs associated with Village Hall Exterior Repairs Project, not to exceed the total amount of the contract, was made by Ari and seconded by Brad. All Board members present voted in favor.
○ Consider an application for tree removal submitted on August 30th, 2021, by Karen Kelsey of 3 Dering Woods Road. Ari explained that Karen had submitted an application for tree removal on her property, with all the requisite documentation. A motion to approve the application was made by Ari and seconded by Brad. 3 votes in favor, 1 recusal (Karen). Motion passed.
● Vicki mentioned that the village boards do have the authority from New York State to hold their meetings virtually through January, should they feel the need to do so. Karen commented that the ARB may find that useful if they need more time to discuss and review what they want to recommend to the BOT. Vicki reminded them that Special Meetings do need to happen during her normal office hours.
● There was no need for an Executive Session.
● Date for next regular Trustee’s meeting is October 9, 2021 at 9:00 am
● A motion to adjourn at 10:23am was made by Brad and seconded by Brandon. All Board
members present voted in favor.