Village of Dering Harbor
Trustees’ Special Meeting via Zoom
Minutes
March 30, 2021, 4:00 PM

● The meeting was called to order at 4:03pm
● Attendance- Mayor Patrick Parcells, Trustees Karen Kelsey, Ari Benacerraf, Brad Goldfarb, Absent- Clora Kelly; Vicki Shields (village clerk), Wayne Bruyn (village attorney), Donna Ritzzmann (stenographer from Flynn Stenography, present on behalf of Timothy Hogue), Bridgford Hunt.
● Patrick explained that this meeting was a public work session for the trustees to discuss the following (3) proposed local laws. Members of the public are welcome to attend the meeting but public comments will not be permitted.

1. A LOCAL LAW AMENDING CHAPTER 180 (TREES AND VEGETATION) TO CLARIFY THE REVIEW PROCEDURE, CRITERIA FOR REMOVAL OF TREES AND UPDATE ENFORCEMENT REMEDIES AND PENALTIES
This law was discussed and Wayne made revisions to the law based on what was discussed.

2. LOCAL LAW AMENDING §230-4B (DEFINITIONS; WORD USAGE); §230-27, §230-34 AND §230-37 OF THE ZONING CODE TO UPDATE AND ADD VARIOUS DEFINITIONS RELATED TO LOT LINES, YARDS AND LOT COVERAGE.

This law was discussed and Wayne made revisions to the law based on what was discussed.
3. LOCAL LAW AMENDING §§230-7, 230-8, 230-9 AND 230-21 OF THE ZONING CODE RELATED TO PERMITTED/PROHIBITED USES,
INTERPRETATIONS AND ACCESSORY DRIVEWAYS AND OFF-STREET
PARKING AREAS.
This law was discussed and Wayne made revisions to the law based on what was
discussed.

● A motion to go into Executive Session at 5:15pm to discuss litigation matters was made
by Ari and seconded by Karen. All Board members present voted in favor.
● A motion to call the meeting back into session at 5:50pm was made by Ari and seconded
by Karen. All Board members present voted in favor.
● A motion to pass the following resolution was made by Ari and seconded by Karen. All
Board members present voted in favor.

RESOLUTION TO HIRE SPECIAL COUNSEL IN CONNECTION WITH THE
EMINENT DOMAIN PROCEEDING OF PROPERTY OF 9A YOKO ROAD LLC
RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby retains
the firm of Farrell Fritz P.C. as special counsel in connection with the acquisition of property of
9A Yoko Road LLC under the Eminent Domain Procedure Law pursuant to an updated written
proposal to the Village Attorney at an hourly rate of $250.00.

● A motion to pass the following resolution was made by Karen and seconded by Ari. All
Board members present voted in favor.

RESOLUTION TO SCHEDULE PUBLIC HEARING UNDER THE EMINENT DOMAIN
PROCEDURE LAW IN REGARD TO PROPERTY OF 9A YOKO ROAD LLC

WHEREAS, the Eminent Domain Procedure Law of the State of New York permits
municipalities to condemn properties or interests therein necessary for public purposes; and
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, on or about July 2, 2019, “9A Yoco Road LLC” as Claimant filed a Notice
of Claim against the Village of Dering Harbor and other defendants for alleged trespass and
other claims; which claim has not been pursued by Claimant; and
WHEREAS, without any admitting or foregoing any legal defenses to such claims, the
Board of Trustees offered to purchase the 9A Yoko Property based upon a fair market value
appraisal, which offer was not accepted by the owner; and
WHEREAS, the Eminent Domain Procedure Law of the State of New York permits the
Village of Dering Harbor to acquire the 9A Yoko Property for the furtherance of public water
supply facilities and related municipal purposes after a public hearing.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to Article 2 of the Eminent
Domain Procedure Law of the State of New York, the Board of Trustees of the Village of Dering
Harbor hereby directs that a public hearing shall be held at a Special Meeting on Monday, April
19, 2021 at 10:00 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 the
fee simple or such lesser interests in the property of 9A Yoko Road LLC; 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 in accordance with the provisions of the Eminent Domain Procedure Law:

NOTICE OF PUBLIC HEARING UNDER THE
EMINENT DOMAIN PROCEDURE LAW

PLEASE TAKE NOTICE, that pursuant to Article 2 of the Eminent Domain Procedure
Law of the State of New York, the Board of Trustees of the Village of Dering Harbor shall hold a
public hearing as a Special Meeting on Monday, April 19, 2021 at 10:00 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 by eminent domain of the fee simple or such lesser
interests in 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 property is intended for the furtherance of public water
supply facilities and related municipal purposes.
NOTICE IS FURTHER GIVEN THAT THE PROPERTY OWNER WHO MAY
SUBSEQUENTLY WISH TO CHALLENGE THE CONDEMNATION OF ITS PROPERTY
VIA JUDICIAL REVIEW MAY ONLY DO SO ON THE BASIS OF THE ISSUES, FACTS AND
OBJECTIONS RAISED AT SUCH PUBLIC HEARING.
In the event Governor Cuomo’s Executive Orders suspending portions of the Open
Meetings Law due to COVID-19 restrictions are extended, the meeting of the Board of Trustees
and aforementioned public hearing shall be held by video conference/ZOOM. The Village Clerk
can be contacted to obtain information on accessing the meeting.
BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK

● The date for the next regular meeting is April 10th, 2021at 9:00am.
● A motion to adjourn at 6pm was moved by Ari and seconded by Karen. All Board
members present voted in favor.