Loading...
HomeMy WebLinkAboutLL 2008 # 5SOUTHOLD TOWN BOARD PUBLIC HEARING November 18, 2008 4:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Clerk Elizabeth Neville Assistant Town Attorney Kieran Corcoran This hearing was opened at 5:12 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21 st day of October 2008 a Local Law entitled "A Local Law in Relation to a Ninety day extension of the Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold' and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on the 18th day of November 2008 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in Relation to a Ninety day extension of the Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" reads as follows: LOCAL LAW NO. of 2008 "A Local Law in Relation to a Ninety day extension of the Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold". Be it enacted by the Town Board of the Town of Southold as follows: Section 1: Legislative Intent Dock Moratorium Extension Public Heating November 18, 2008 2 The Town Board finds that the construction of docks in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound impairs the Town's unique environment and ecology. The construction of docks in these waters results in environmental and physical degradation including, but not limited to, impacts to vegetation, water quality, marine life and benthic communities. Docks have the effect of impeding the public access and use of waters and shorelines, affecting navigation of vessels and creating negative aesthetic impacts. On May 20, 2008, the Town Board enacted a one hundred and eighty (180) day moratorium on the approval process for new docks in these waters, in order to comprehensively review the current code provisions and recent scientific studies. A survey of all town waters, review of available scientific materials and evaluation of the Town code has taken place. The Town staff assigned to this project has worked diligently and is prepared to review findings and recommendations with the Town Board. The Town Board is currently involved in detailed budget review, and will turn full attention this matter after the state imposed deadline for budget adoption ofNove, mber 20, 2008. The Town Board expects to prepare legislation to address when, and under what circumstances, docks may be permitted in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. It is expected that this legislation will be prepared by the end of the year, and scheduled for public heating and eventual adoption. Section 2: Enactment of a Temporary Moratorium Chapter 275 §275-17 Temporary Moratorium A. ' For a period of ninety days following the expiration of the current moratorium (90 days from November 20, 2008), after which date this Local Law shall lapse and be without further force and effect: 1) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any new dock (as defined in Chapter 275) proposed to be located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor); 2) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any extension or addition to any existing dock (as defined in Chapter 275) located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor). Dock Moratorium Extension Public Heating 3 November 18, 2008 B. APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications for a Chapter 275 permit from the Board of Trustees of the Town of Southold for any new or existing dock (as that term is defined in Chapter 275). C. EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual maintenance or repair, in-place, of a presently existing dock that has been issued a permit by the Board of Trustees. D. CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local. Law are in conflict with or are construed as inconsistent with the provisions of Chapter 275 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town's municipal home rule powers, parsuant to Municipal Home Rule Law section 10( 1 )(ii)(d)(3 ); section 10( 1 )(ii)(a)(14) and section 22 to supercede any inconsistent authority. In particular, this local law supemedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 11, to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and make decisions concerning applications. E. APPEALS PROCEDURE The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an extraordinary hardship. To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation. Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $50.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 3: SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Dock Moratorium Extension Public Hearing 4 November 18, 2008 Section 4: EFFECTIVE DATE This Local Law shall take effect on November 20, 2008, and remain in effect for 90 days. I have documentation that this has appeared as a legal in the local newspaper, the Suffolk Times and that it has appeared on the Town Clerk's bulletin board outside here. That is all that I have in the file. SUPERVISOR RUSSELL: Would anyone like to come up and address the Town Board on this issue of the extension of the dock moratorium? Don Wilder. DON WILDER: Don Wilder, Mattituck. I would like to talk in favor of the extension. There is a lot of controversy and of course there is some conflict as you see in the newspapers about decisions that are being made and how they are being made and who is making them. But I think most of that comes from conflict within our code and in asking Trustees to interpret that code without proper guidelines. The piece of paper I handed out earlier outlines all these conflicts and I am hoping that we can work to resolve all of them. I would also like to see as we move along, if this approved, that there be periodic updates to the public about what's happening and not wait until the last minute to say here are the new rules. Thank you. SUPERVISOR RUSSELL: I actually had the benefit of reading this. You had given us this weeks ago and I think the CAC got it exactly right on some of the issues that we need to address, so I appreciate your input. MR. WILDER: I stand here supporting all of that. I support rules of controlled development and I support the Trustees. They do need guidelines and we need to be able to update and bring in scientific knowledge and best practices that we can find. Thank you. SUPERVISOR RUSSELL: Anyone else like to come up and address the Town Board on the issue of dock moratorium extension? (No response) Hearing none, can I get a motion to close? This hearing was closed at 5:15 PM El{z/abeth A. Neville Southold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING May 20, 2008 4:45 PM Present: Supervisor Scott Russell Justice Louis Evans Councilman Thomas Wickham Councilman Albert Krupski Councilman William Ruland Councilman Vincent Orlando COUNCILMAN WICKHAM: NOTICE 1S HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of April 2008 a Local Law entitled "A Local Law in Relation to u One Hundred and Eighty {180} day Moratorium on the Processing, Review of~ and Making Decisions on Dock Applications {new or pending} made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall~ 53095 Main Road~ Southold~ New' York~ on the 20th day of May 2008 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local l.aw in Relation to a One Hundred and Eighty (180) day Moratorium on the Processiag, Review ot; and Making Decisions on Dock Applications (new or pending) made to thc Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" reads as follows: LOCAL LAW NO. of 2008 "A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southoid". BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1: Legislative Intent The Town Board finds that the construction of docks in the Peconic Bay, Long Island Moratorium on Docks Public Hearing May 20, 2008 Sound, Block Island Sound and Fishers Island Sound impairs the Town's unique environment and ecology. The construction of docks in these waters results in environmental and physical degradation including, but not limited to, impacts to vegetation, water quality, marine life and benthic communities. Docks have the effect of impeding the public access and use of waters and shorelines, affecting navigation of vessels and creating negative aesthetic impacts. The Town Board finds that it is necessary to temporarily suspend the approval process for new docks in these waters, in order to comprehensively review the current code provisions and recent scientific studies. The Town Board expects to prepare legislation to address when, and under what circumstances, docks may be permitted in the Peconic Bay, Long lsland Sound, Block Island Sound and Fishers Island Sound. Section 2: Enactment of a Temporary Moratorium Chapter 275 §275-17 Temporary Moratorium A. For a period of one hundred and eighty (180) days following the effective date of this Local Law after which date this l,ocal Law shall lapse and be without further force and effect: l) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any new dock (as defined in Chapter 275) proposed to be located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound; 2) The Board of Dustees of the l'own of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold tbr any extension or addition to any existing dock (as defined in Chapter 275) located in the Peconic Bay, Loog Island Sound, Block Island Sound and Fishers Island Sound. B. APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications for a Chapter 275 permit l~on~ the Board of Trustees of the Town of Southold for any new or existing dock (as that term is defined in Chapter 275). C. EXCLUSIONS This Local [,aw' shall not apply to: Moratorium on Docks Public Hearing 3 May 20. 2008 1) the ordinary and usual maintenance or repair, in-place, of a presently existing dock that has been issued a permit by the Board of Trustees. D. CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 275 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1 )(ii)(d)(3 ); section 10(1 )(ii)(a)(14) and section 22 to supercede any inconsistent authority. In particular, this local law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 11, to the extent that these sections require the Board of Trustees to act upon, hoid hearings on, and make decisions concerning applications. E. APPEALS PROCEDURE The Town Board shail have thc authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an extraordinary hardship. To grant such a request the applican't must file with the Town Board and the Board of Trustees supporting documentation. Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $50.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with ~;~ ~ithoul conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 3: SEVERABILiTY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4: EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Moratorium on Docks Public Hearing 4 May 20, 200g COUNCILMAN W1CKHAM: It has appeared, this notice tbr public hearing, in its entirety, has appeared on the Town Clerk's bulletin board outside the door and it has also appeared as a legal in the Suffolk Times newspaper. I have two letters that I will try to read briefly. One is from the Fishers Island Fen'y Commission members. JUSTICE EVANS: No. COUNCILMAN WICKHAM: No? Fishers Island Harbor Committee. JUSTICE EVANS: It is tbur signature. Four different groups signed on. COUNCILMAN WICKHAM: Wow. It is the same letter from four different people representing four different Fishers Island organizations, ttow is that? JUSTICE EVANS: That is good. COUNCILMAN WICKHAM: "We are surprised and somewhat alarmed to find out that this proposal was expanded to address piers and dock facilities in the waters of Fishers Island and Block Island Sound. It is our understanding that this resolution does not affect and would not apply to dock facilities in the coves and harbors that serve Fishers Island Sound and Block Island Sound. These coves and harbors would include but are not limited to such bodies of water as Silver Eel Cove, Hay Harbor, West Harbor between Hawks Nest Point m~d Clays Point, Chocomount Cove and East Harbor between Hungry Point and the point where the 14th tee on the Fishers Island Golf Course is located. We respectfully request that the Fishers Island waters be withdrawn from this resolution. It is our understanding that the Fishers Island Sound and Block Island Sound were not originally included in this resolution but were added as an afterthought, not that Fishers Island was experiencing the same types of issues as Peconic Bay but to be all inclusive for all waters under the Town's jurisdiction. If it is determined that this moratorium must be all inclusive, we respectfull3 request that the harbors and coves as described above be specifically excluded from this resolutk,n. Please contact the response coordinators and the four people are Elbert Burr of tt~e Fishers Island Harbor Committee, Reynolds DuPont Jr of the Fishers lslana Fe:ry Commission, BG ~I remaine 1II of the Fishers Island Yacht Club and Kathryn Parsons, Presidem of Fishers Island FIDCO, Fishers Island Development Corporation." I also have a letter here which I think I should try to read because well, I ha'~e a letter here fi'om the Suffolk County Planning Commission. "Pursuant to section A 1414 of the SuLblk County Administrative code, the referenced application is not within the jurisdiction of the Suffolk County Planning Commission." I have a rather lengthy letter from a former president of the Southold Town Board of Trustees, John Bredemeyer and I think I ought to read it because it has some significant comments in it. "1 offer ti~ese co~nmcnts ~br the consideration of the Southold Town officials and request that they be inclu&d in the public record for the public hearing. My name is John Bredemeyer, I reside in Orient. I am a 33 year mnployee of the Suffolk County Department of Health Services where I work in the Bureau of Marine Resources in the Office of Ecology. I have been involved in marine environmental and public Moratorium on Docks Public Hearing May 20, 2008 health investigations and enlbrcement for 25 of those years and am the most senior employee of Suffolk County personally conducting water quality investigations throughout the Peconic Estuary, Suf'fblk County its coastal waters, Long Island Sound, the near coastal Atlantic Ocean and occasionally Nassau County. 1 was a member of the Southold Town Board of Trustees fbr l 0 years, nearly five of which I served as president. I do not own a dock or have an interest in one. While I cannot speak for Suflblk County or Southold, the people of Suffolk county and Southold Town have invested much in my training and experience. As one who regularly uses docks or may see hundreds during the course of any given day, I feel compelled to share with you my thoughts in relation to docks to better fhcilitate your needs to properly regulate the coastlines of the Town in an effective manner. As such, I respectfull) request you please consider that: 1. The notice of public hearing may be deficient in that certain areas are not adequately described. For example, I would maintain that Orient Harbor is in fact an arm of the sea branching from Gardiner's Bay, which is not names in the notice and theretbre exempt. West Harbor on Fishers Island is similarly absent from the notice. 2. If it is truly your intent to moratorium and ban docks on an island such as Fishers Island, you may wish to hold a separate public hearing on said island to aflbrd the residents a more direct say in the matter. 3. A moratorium and ban may affect other political subdivisions who own waterfront property in the Town such as federal, state and county governments, as the proposal may affect activities at municipal boundaries, the bi-county Planning Commission may have interests in the p)'oposal as well. 4. A moratorium involving such a large area might possibly be accom~;anied by a SEQRA determination. 5. Public officials of jurisdiction have ~;een extensively quoted in the local news media in favor of the dock ban on the bays. There is a slx)rtage of available docking and mooring sites in Southold Town (the Town regularly ii:nits boat size at Town boat ramps, too) which would only be exacerbated by the ban and the ban would essentially limit the construction of any new docks ~o the Totvn waters, creeks, and underwater lands owned by the Trustees. Consequently, tI,e moratorium and ban may create a conflict of interest for the Trustees and pubiic officials who as owners of docks or lands on creeks, might see their property values soar ifa m(;ratorium or ban is enacted. All involved public officials who own docks or waterfront propert5 on waterways not affected by the ban should disclose their holdings and interests to avoid the appearance of any conflicts of interest they might have and seek the counsel ol the Town Ethics Board as necessary prior to any official action in these matters. 6. Public ol'ficials of jurisdiction have been extensively quoted in the local news media staling that permission ~o construct docks is a privilege and not a right. One of the first cou~t cases I was handed as a freshman Southold Town Trustee many years ago was the finding of the US Supreme Court upholding the riparian property right to wharf-om. If you goog}e tl'~e riparian right to 'wharf out' you will find a 2007 decision by the US Supreme Court that affirms it is a property right, not a privilege. 'the right to whart:out is a regulated riparian property right. 7. There is ample precedent in Southold Town and Sufl'olk Ct)unt3 for acquiring property rights in a proper manner (purchasing them) as seen in our larmla::ds preservation programs and the functioning of the man3 land trusts that regularly acquire rigi~ts in land. The rights in these properties ~ere not acquired o3. any moratorium ~r ban that I am aware of: 8. There seems to be little activit? in dock coustruction tl'~a1 would warrant the exercise of police powers of a moratorium and the condemuation o~ property rights at this time. 9. To my knowledge, Moratorium on Docks Public ;tearing May 20, 2008 6 there has been nothing to suggest that Ibc Trustees have acted recklessly or beyond the scope of their duties/authorities in any dock related matters. 10. The benefits of sovereign ownership of underwater lands by the Trustees, which may include lands between high and low water on the Bay and Sound in some instances, may be lost or diminished without careful consideration of how a ban or moratorium is enacted. The NYS Constitution recognizes the Trustee's authority and ownership of lands underwater. The Trustees may be needed when or if our own version of Broadwater were to come to Town lands. 11. Although docks are highly regulated structures requiring multiple agency permits, doom my experience and what I see in western Suffolk County, moorings within the jurisdiction of the Town pose a much greater threat to the environment and aesthetics and remain totally unregt;iate3. Anyone within the state may place a mooring in thc areas mentioned in the public he:~rin/:, without a permit. Hundreds could show up at any time. 12. The purported environmental issue of docks shading the marine environment is very weak. A pastorz! environment that the first settlers would have likely encountered contained much mr, re sun shading from large trees and huge mats of detritus and dead sea grasses than ciocks wsuld ever cause. Marine invertebrates such as squids and small fish regularly seek out the shade and protection of docks to avoid the sun and predators. New dock cc~nstruction materials are non-toxic and permit large amounts of sunlight to penetrate to the waters below. 13. In many locales, docks serve as sites to hang mariculture nets and cages. Areas under docks can provide permanent easements for working baymcn an'3 aqasculturists, thus promoting traditional occupations as well as new industries. In one experiment I oversaw in Southold, some black (edible) mussels unexpectedly spawr,ed at a c, ock where I had hung them, resulting in the production of over 5 bushels o, harvestable mussels ~vhich went right to market. Spawning shellfish at docks could help re-popuiate shellfish on public lands underwater. 14. Dock building is an important local industry providing local employment. 15. The Trustees should be generously t'haded ~o conduct a comprehensive study of mooring and docking needs prior to a~-~y gsve~nmenml action being taken in a manner to enhance the Town's overall security. 16. Ali arguarents that would justify a dock ban on the bay might lead to an auempr to force a similar ban on Trustee lands. (Meaning creeks) 17. Docks can proviae sa£e harbor to ,nurturers in the face oi the devastating forces of wind and wave. in many of our low-lying l;recmcts, docks serve as potential points of exit during and after natural disasters as ~,eil as points of entry for rescue personnel. While I think the goal oi~ diminishing thc nun;~cr ct: docks on those great expanses of coastline with no history of docks is iau~mble and do-abie, a moratorium or a ban at this time, where no real problem exists, ~l oni5~ m~ite cons',_ruct~on of more docks, in courtrooms, as attorneys line up to argue the issue to no productive end and at great cost to the town, both monetarily and jurisdictisnulty. As historically important marine structures that promote our fi'ecdoms, rights and l:beri, ics, i hope you would consider the positive possioilities of doo~s as they contmtie ~o be a stepping off place for ourselves into the wider world and a hopeful lutarc. Like chinch steeples and cell towers that project mightily frown the land and benefit us gr~:at¥, docks should have their set limits but need not be subject to a moratoriam t~> achieve :hose limits." Those are the only notes and letters in tire file, fommately. SUPERVISOR R~SS[:~LL: Would anybody like to come up and address the Town Moratorium on Docks Public Hearing 7 May 20, 2008 Board on the issue':' DAVE BERGEN: Good evening, my uame is Dave Bergen, 1 am from Cutchogue. I am also a Trustee but I want to make it (:lear i am not speaking on behalf of the Trustees, other Trustees can speak if they want to al',out this issue. Several weeks ago when this moratorium was proposed, I was inclined to support it as at the time and in the moratoriums present language today, it indicates there are environmental reasons to support such art action snd the l'own Board wanted time to study the science which would support possibly banuing docks in -the bay. Since that time, the Conservation Advisory Committee with the generous fiuancial support of this Town Board, held a workshop where two experts holding credential environmental science, with particular expertise in the area of the impacts of docks, discussed this topic in exceptional detail. They discussed the science of lhe impact of docks, which I believe is critical to the discussion. The discussion brought clarity ,o ihe issue and pro, ed that our present town code, chapter 275, does address the ~ci~ncc issuc, s. M[uch time was spent on the issue of potential impacts of (CA and they concluded this should not be a reason to ban docks in areas with high tidai action, as tixen New ~?ork State DEC concluded in their scientific study that was do~e scvcra~ ?ar~ a~¢~. these experts agreed with their conclusions that CCA dissolves almost imlnedialely in areas of high tidal flow. CCA is more of an issue with areas of lo¥~ tidal action, st(ch as v. hW ia l'bund inside of our c~eeks. The dock test currently ~buud in chapter 275 adcquatviy addresses the CCA issue, as we do not allow treated lumber to be used as decking for these docks and catwalks. The experts also stated that docks should ~nt be aiiowed to cover eel beds, suggesting the use of graded material on catwalks. Again, our cctv'rent aock test, under chapter 275 as written combined with our practice of r~quirii~g the use of non-treated lumber on catwalks and our strong encouragement of thc use c~' the graded material addresses this issue. They then addressed the i~npmtance el I>ublic access and recommended the inclusion of either sieps over a dock or c~evafiag a ch.~c c to a height w~erc the public could walk under the dock, our current ciera (cs, under (ha?lc,' 275 requires tile use of steps for public access. Tile experts also stated that the .,tructu~e el' a dock docs not impede the natural flow of sand caused by the Ii(em! drift. ~ih~ capet'ts started the seminar saying this is an issue of the balance of own(rs rights a, ,~stas et views in the bays. Oar bays are state owned waters, in other worus, o,vned tot thc benefit oi' e,'eryone. Private waterfi'ont property owners have ripariar~ right that silnply r,-,eans they should have a right to access navigable water and ~hat they own ~o lhe la~h tide mark. Navigable water can be accessed via a ainghy, mooring, a dock or simpiy ~;v, unmir~g, in the end, they presented much inlbrmation on the aesthetics of ac,(ks and the potential numbers of docks, ~ecommending that iocai autholt~y gl~c serioua consideration to these issues. They provided lots of pictures et ~>ht;:elincs irt Florida and thc Carolinas, where thousands of docks have been applied lilt and ap[troved~ many containing structures extending hundreds of feet rote wctlam, s area v~k,x small sheds mounted on ~he end of docks. I think that everybody in &~e iooln at khis scn'unar agreed that we did not want to see this happen in Southolct i own. l-ne c.':pc;'ts s~ai~d n,'er and over agatn that the science issues were minilnal com0ared to fl~¢ m~litkal i,.sues. In other ~oms, the local community should dictate t[uough th(ir cie(ted ot'i~ck~ls just how coastal co~nmunities such as ours handles these very iu~po:tan: issttes. V,%Ie a conslant refenal to the Carolina's and Moratorium on Docks Public t{caring 8 May 20. 2008 Florida could be seen as ove~!<ilL it w~,~; in 'qy opinion, important for us to see the impact that could happen if there was n, regul itic:~ of docks at all. In my opinion, the current town code, chapter 275. addresses all these potential issues with the current dock test. In two and a half years, the Trustees have approved just two docks in the Bays. This proposed moratorium is a legislative fez:etlon to the approval of one dock. A dock which was discussed at three public hearings, vv~s:~ sul~ject to three site visits-two by land and one by water, it is el a proFe:% loc.'.m:d i~nmediately adjacent to two other docks with proposed dock will not exten:t th'rlht~'r into the Bay than the two neighboring docks. It will be using graded material on the catw;~!k and has an east to west orientation, which will allow maximum stmlighl to perpetrate hnder the dock area. It does include a stair for public access and il docsn", u~ an.5 wa7. sLape or form impede navigation. Yes, it does extend ir, to state waters and )'es. it is a ::'a'~cture l?om the perspeclive of aesthetics. So I agree with the experts that this a purel5 political, not enviromnental decision to answer tile question what do thc citizens ~;f Sou'tnoi..1 Town ward to see their shorelines look like in the future. Thank you. SUPERVISOR RLJSSELL: Da,.c. ic~ t;~c just clarify something. Tiffs actually wasn't a r~.acfion to one do:,. L thir~k w,: ;xrc', this dlscut-;sion, 7you were at the discussion nearly two years ago when t?,e i-own Board discussed the isst~e with the Trustees as a result of an LWRP discuss2oa. 1 :md met ,Mth ye=t and aciually Jill at the tin-re, who said, well, we do need a policy, givc us tir:,e ~o w'or< on ane. 1'4o such poiicy has been forthcoming. This is a moratorian-,. I~ is ~t;t a bm'h , i., a moratorium to ci¢veiop a policy. Are you opposed to a ban or art: you oppo:sed tt, ~ ~noraloriutn or both'? The moratorium just to develop policy'? MR. BERGEN: No, what 1 am saying is. this is a moratorium as I understand it, is being put ~nto place to g~xe time I think '::h~ was quoled and wha~ was stated in the n~oratoiium to Ioo2 at tI,c scicu,.c to l~gtiI'C Ob.t it' thc science ~s in t:act a reason to ban crocks in the bay and w~xat [ an; sa>'mg ts. aecmding co these experts that put on this semiuar, the scicncc is no: an isst~c, i~ ~; mc aesthetics c>l' tile docks ancl again, what the local community would iike to see the:~ s~orelines look like in the iutare, whether they want a slnoreline cocaplc,ely 'void el doc,,~s or sor~¢thing where there is a dock allowed in fiont of every ir*di~idual's i~on!e o~ son',etiuug ill between? SUPERVISOR RUSSELL: Righl. That is why we are having a moratorium. I think if we were interesting in an outright ban x~.· ~,ould be voting on a ban tonight. MR. BERGEN: lLigh~ SUPERVISOR RUSSELL: Whal wc are trl lng to do is develop sound policy to manage a public asset, wi~ich is.. MR. BERGEN: An~-, ~hat I an~ s~O;~¢ :s, I think that policy is already in place in Chapter 275 and the Trustees can regula*e that policy appropriately. SUPERVISOR RUS~;EiA~: {)kay. i a~¢ ~. ~{oard member disagree, I know in talking to Moratorinm on Docks Public t learipg May 20. 2008 9 Albert who had been a Trustee lbr a long, long time. I think he would disagree. I don't think, I don't want to speak fi)r ?u Albert but I think that the 275 effort was focused on the docks in the creeks, I don't think :here ~vas a lot of policy for docks in the Bay. Maybe, what is 275 is sufficient, maybe it is not. 1 think the moratorium is simply a time out to evaluate that. Under current code I am unaware of any length limit, tbr instance, for a dock in the Bay. Can you 400. 500 600 feet? The current code has limits for docks in the creeks. You are limited by the physical mass of where you are putting it, one third of. there is no, if you :~re going to take that 1/3 rule, can you have a 3,300 square toot dock? 1 mean, those are the types of things we need to look at and I think in the interest of clarity and good government, you should clarify what is appropriate and what is inappropriate. I, you know, think tim: the six month moratorium ~vould provide that opporlunity. MR. BERGEN: And I agree with wi',at 3ou are saying, I think there is opportunity to amend chapter 275 to address ~his MIh eul totally banning, considering the banning of total ban of docks in the Bay. And that i; where 1 feel there is a desire to do here. S~JPERV1SOR RUSSEI.L: That i~ a l':.ii point. I don't think there is again, if there was total ban, we would be voting oh lhal k;nig:,t. MR. BERGEN: Okay. SUPERVISOR RUSSEI,L: But I do think, first the ban issue got a little bit overplayed. It was clear ti'om the beginning that wotsl&l't ban, obviously, water dependent industries like fisherman, like marinas, like fishing, st~tions, those types of things, and 1 had talked to Jill some t~vo ~cars ago, she had ac~aaiiy suggested to me that maybe a policy that would limit the lengths of the docks, so that people had access to the dinghy and then the dinghy to the mooEug. Thru s,mads ito~ a reasonable policy. I know' Lloyd Harbor adopted it, I know Southampton I believe :,dopted it. Those are reasonable policies. But we need time to affect those policies and txvo years, we haven't seen anything come lc4w'a~d. ]he dock in the. in Cntchogue was .just tI~e last thing, but this is an old discussion, this isn't a reaction to a recent application. This has been an ongoing discussion for two years. MR. BERGEN: And as; ~ recad two years ago, me discussion, the meeting that I attended Yvas actually 'thc L'WRP council and it ,xas a suggestion to consiaer the zoning of the bay fronts lbr docks. Where there c,mld bc ~,reas where docks couid be allowed, there could be areas maybe whom clocks arc not app,'coriate and maybe should not be allowed and I know with chat, thc I rus~ees last summer ,~'¢nt out and viewed the shoreline from Laurel to Orient b) boat, video taped i~. We c:id lhat lbr two purposes, one to look at possible mooring locations aed where we ti:It ,:~oa~ings were appropriate or not appropriate and also during the discussion out O. erc we als:: looked m areas where docks could possibly be allowed or maybe should not be allowed, so that we could use that inlbrmation for ourselves when we are considering dock 'ap!51ications as they come in. UNIDEN~IIFIE£): Does thai se¢l¥, to ?nu like an appropriate approach to the problem? Moratorium on Docks Public Hat,ring 10 May 20. 2008 The zoning approach? MR. BERGEN: ! think there is potential {hr that. I do think there is, two years ago, I was not in favor of it but 1 think loday 1 do !i~el, times change, people change. COUNCILMAN KR/JPSKI: That is ~ diPl'erent issue though, the zoning and that is something we will address later, with help I?om the Department of State. SUPERVISOR RUSSELL: If you have de,:eloped that policy, I haven't seen it. I am certainly am unaware of it in talking to ether Trnstees... MR. BERGEN: No. no there was no policy SUPERVISOR RUSSELL: Oh b.'.t yo~:. that wouid be what we need. That would be the six momh time out, would al,o,v tis th? time to sort of commit those things to paper. What would be the policy on gowmfing docks in the Bay. I think it is important, I think it is good governmen~ to put it all on paper so that everyone knows what we are talking abed(, everybody kuows what the allo~':.5::tccs are, what the limits are. That is, you know the informal approaah, you kno~,', we wen~ out and we surveyed so that we have good guidance, needs to be part of thc public die;cuss(on. MR. BERGEN: Okay. Thank you. PEGGY DICKERSON: Peggy t)ick.~l:;o>i, I am a Cutchogue resident and Southold Town i'rustec. 1 waulcl iikz to agree vi[ 1 ~;uper~'isor Russell. I think it is very important today or this even(ag that we s~ay tbca:,cd on the purpose of this hearing. That it is a hearing lbr a moraa~rium. Unl;ortuuatd. y. the word moratorium and banning seem to happen at the same time and c(r;ain!y? wc are here just for the public hearing of the moratorium. I just wanted to commenl on some of Dave's comments. We, all of the Trustees were at tl;e workshop on May l0th and it is always interesting to see how different people come away uiti~ c~iffcrent perspectives on workshops. Completely right, Dave. about the scie;:,c¢ behiu:i ~!oeks a~',d ~ve do have a very good wetland code which we worked on. l towever, I do ibei the( the visual impact issue was not a separate issue aria I do feel that v~sual impact ,vas given a3 much weight as the scientific knowledge and all of the visuals that riley brouga; wili~ as. all the ideas they brought to us on that day was extremely iinportam anti again, i lac, it was dealt with equally. I had voted no on the recent dock in question, it was on a priscilla shoreline, ii was, gave the opportunity of the Trustecs ~o say no to a pristine shoreline and that did not happen. I had hoped for a tnoratoritim two yea~s ago, and '~ xvouic_l like to thank Supervisor Russell and the Board lor putting it at the :ap of tl'~ci~: r, riority list. We need this moratorium, it will give the Town (tire to eva!ua;e whether not rcg_~2at hg (locks on the Bay is heneficial to Southold Town. i would like ia be consi~ar~d ~-,d the Town to be considered proactive. I am going to refer to thc group of studenfs and their teacher, Mary Ellen Gamberg, that was here earlier. Some al yo.~ sa',~, sst hits ~, way al calming he[ students down and getting them ready to learn and she ilas ~rm:e key wolds she uses. She asks them to stop, look Moratorium on Docks Public tlcarmg 11 Ma~ 20, 2008 and listen and l think that is what lhis ~,oratorium will do. Will help us to stop, look and listen. SUPERVISOR RUSSELL: Tines..~ are the children I tried to exploit as a human shield tonight, right? MS. DICKERSON: Next years i~}pic. SUPERVISOR RUSSELL: Jill? JILL DOHERTY: Jill Dohc:'ty, lx.'~,ttitt,ck :esident and Southold Town Trustee. First I 'would like, Jim King wanted Id '~_~ he:c .cnight but is still working. 1 guess the weather has slowed him dox~n today, tie x~a~,ec! me tn relay to you that he is in favor of the rnoratoriun', and he ',:3eis ::hat ~t 5 :inx x~c lake ~ hard kook at our shoreline and what we want it to be in the future. I agree ,:,'illa t~in', to take a hard look our shoreline and what we want it to be but I don't know il' it is neccssm3' to have a moratorium to do that but whatever thc Town !5crud decide3 ~o do, t xvill support and I look forward to working towards a solution and a good policy. We do have that tape as Dave mentioned, if any of tSe Board wants to take a 1oo~, at it. It is in our office. SUPEkVIS'OR RUSSELL: Tmmk yo~[, ,.:;'~. M~. Hardy? DOUG tlARDY: I am Doug [laid}. S~;.athold. 1 don't own a dock. I do have a mooring permit, i would like to sappor~ ,ia,; rn~.ratarium, as ~; would allow the Town to have breathing room to make a mar'~agcn;cnt 3~zcision. I wtmic; like to jast locus on two points. One, is it is true that thc eft'ecl of a A.nglc dock would have a minimal environmental impact on a higl-~ energy shorctine, such as the open bay but if you have cumulative doc;:& then there ,,~,~dlcl ~;e ruc:~maSlc c~',~ironmental impacts. And so there should be a contmi but then .yo~: imve thc choice cf n: you allow one dock, how can you refuse then other docks'? The other aspect I wnuld like to touch upon is the lateral access along the shore. Docks do prcser:t an osslaclc, 9articuiarly in Southold. We have an elderly population and they don't have thc agi/~ty cia special forces member. So that the chapter 23'5 imposes a condkioa o~ a dack o'.~nc~ ~hat they mast provide lateral access. That codld be a bdlkhead aiong mc, ar~:;¢e ~;~e::u high water, five tbot wide; a ramp up and over tBe dock (a' sm~'c~vays ,.q) and o,~c~' t~e dock. }>ali ii' you lake a look at the past history, it looks like 3;outi~oki lacks ti~e ;-i'.tcrccracnt resoarces to enforce this provision in chapter 275. for in;;:anc¢, in _inckcy Cr,~;:;~. ! coanted 75 docks. Private docks. Of those, t~o had s~axrways aa and oxcr. ©ftc ticck alloxxed passage around the dock, an easy passage, i'x~o others had (;nc stanway ~hich weald allow you to get up on the dock but then if you were ar, eiderly citizen v~it~:out :~ parachute, you couldn't get back down onto the shoreline, q ais is a compliant c el ~e-;s :hah 10% and this has been going on now for decades and there is .iust no enlJ~rccm~.m policy. And so, the Town should consider do you have thc resota'ccs to enRerce ;ater¢~ :~ccess along ti~e shore? ]'hank you. SUPERVISOR RUSbELi,: 'l haak ynt, vii. Hardy. Weald anybody else like to address tl;e l'owr, Board ot*t mis ~ssue ~ Moratorium on Docks Public !le~uing 12 May 20, 2008 At,LISON MA}][AFl:Y: Itl, my name is Allison Mahaffy tbr 43 years and I don't see anything wrong ,xith ge'Lting .xo~r feet wet. Yot~ take offyour shoes, you climb into your canoe and you can g:t on 5our ?ailboa[ that way or your motorboat that way. Some of my neighbors have docks and they don'l use them. Not that I watch them all the time but I am on the beach Cluite a bit and so are my kids and they are out running around on other people's docks and occasionally we get told to leave and you know, 1 would love access tc fish off of them or to us~ them, if there,' ,xas more public access to these huge 100 foot docks, then I would be more for il but it is iust like one old man owns that dock and him and his wife only come to Southold one month out of the whole year and they use that dock maybe one or two weekends ~nd ~coc,dy else in the neighborhood is allowed to step on it and god only knows how tomy a!a:ms are gonna put on it next or whatever, cameras, and I would love t~ go and dc> ::annonballs off'the end of it and so would my kids and so woulcl the res~ of' all of' Soutl;o*,d's kids probably if the:~ were allowed to and t?,ere are a lot of other reasons xxh)', I [:car ~ a rumor ~hat there was a big boat company coming It) Bayviex~ tc I~uy. tba~ they vo,agh! property and rhey wanted to make, I heard it was hustler boats, that ~hey '~anted to, these giaut cigarette boats and I am like in the middle o~,' Bayvicw r,n:5 I ea~ i'~,~ tl~es: g~ant cigarette boats way out by Cedar beach. T~ey are r. oisy. And also. 1 don'~ :l'~ink i.!tat we uced that. 1 definkely don't think that we need that. I take my canoe out with a ',<;::~_, :~pe and when it gets windy in the afternoons, I generally always, because [ go prctU tzar. i pall my canoe back by a rope and I walk aiong thc shoreline in an o!cl p~Sr oi ?~:.,xers and every time I have to go around a bulkhead or someEody else': dock. ! aa-~ f,:,hting tire wind to get around them. I am not just going to leave ;;~v canoe c.n son;cbc~dy else's property, I am going to get my canoe [~,~me and my kids a~,mc. Ar.d il ~s a drag t~; canoe around a huge dock. You know, I am for ~rees, I don'~ wa:n to see ~vt> :nan:~ ~ecs get killed to get docks that are only walked upon once a year. I baxe seen in storms people s docks destroyed and for months, these big pieces of wood, ').ou xno~:, ?d ha'et lc clmrs over it every time you walk along the shoreline. The s,ocms do a itc; of damage to the docks and they are not often repaired right away. And theft is a hazard. 'fou ':~a ~'~: got these big chunks of wood floating around and fishermen don't '~xanr io bmn~', into 3~cse pieces of wood and l~oaters don't want to bdmp into those pieces of wood floating ar~mnd. So I am all lbr a moratorium, I think if people were buiidmg ii, ese b~g i',~v ~b<;; ,2~lJ~:ks oul onto their propcrty, they should do it as a conrmunity and everybody jcm~ ib~9c3 and say, yeah, we can all of this neighborhood sa5, or this associano':, is ailoweet acc~s~ to it and not just one rich guy. Okay? Thank S~SPERV~$OR RUSbE[,i,: Wou:d -at,yt;oQ/else like to address the Town Board on this? Fitzgerald? JiM Fii-ZGER/'~LD: iii, I am ~I;;~ 7iczgcx;~ld icom Cutchogue. I am what some people refer to as an expcc;!t:)r. A cons,.,~rant. ; ha~e oeen doi:',g it 10c 22 years and I have had i.wo clients in those 22 :,ears kl't~l; v/eec; -~e~,~'sted in smnctures on the Bay. One was for a 0ock nero Angel Shores. which was d,.:,*ed by the Trustees and the DEC; the other was 1or the Gmaus hetc, u. It occurs [o F;e. let me ask you z2tis: how many Bay front properties are there m Southold? Moratorium on Docks Fublic Heming 13 May 20, 2008 S'JPERVISOR RI%';EL1J: :-hat woul~: bc residential properties or are you throwing in the farmland and evc;ythJng else? MR. FITZGEPokLD: ii©w man? Bay fco:,~ properties are there in Southold that you are concerned that there might be a dock built upon? SUPERVISOR R 1J!;SI~I L: /C::~i~,. !?t ? i:;st:e o~: conceru. It is the issue of an absence of cun'en~ policy. MR. FITZGERAL1): Okay. SUPEP, VISOR RUSSi!i,Z: 'rou know, il' you are going to build them, what can you build7 One thousand feet out because the water is shallow? Where do you stop7 What, I raean, one thing that I mink x~.as up_lai~ mat people were saying, well, there is hardly anybody inlerested in building lhem, ~,ell then this is a good time for a moratorium. Because if there were 50 applications then we would be accused of being reactionary. I would, ray gu~nption to sagg~st ~ight now about 1,800 improved residential parcels. All the otLer farmland and vacant land yet to be subdivided, I can't even hazard a guess right now. MR. FIT);GERALD: ()kay. Itow man? docks would you think there are on the Bay in So~,ti~old I o~n? COUNCILMAN 'i(it?KkiAN'I: l~&)wi Lurk'eh'dy? MR. FITZC, ERALD: Ycs. COLJb, CILMAN WI(!KIIANq: :~ MR. FITZGERALD: How many? CO[:NCILMAN WICTKHAM: A handful. Would you say? SOPERViSOR RGSS£1,L: Y(m tlavc ~,~ exclade such areas as Orient, where it makes perlbct sense. MR. FITZGEIL5IA): There were 32 dom<s on the Bay in Southold Town. Or, I am sorry, there evere four or fi~e ?cars agt} wi~en the project of mine that was denied was denicd. And 1 knoxv because I counted thenq. SLJPERVISOR RUSS['iLL: How did yot~ get that inventory? You ~vent out and looked at t nero or .~ou counled cfi' ~he cards? MR. FIq'2;G[',Ri~xI,D: I looked at ti',e '_' o xn's aerial photographs which at that time were pretty current and counted them. Anyhow, the point is this, regardless of whether it is 32 Moratorium on Docks Public Ileal May 2(L 2008 14 or 50 or (30. the l:act o!' the trotter is, based upon the inlbrmation that Dave mentioned, there have been a xery. very linfited n~mber of applications lbr docks on the Bay in recent years and I .iust wonder x~ hv all c,i'a sudden we are very concerned about it? You know that the Trustees would no-t approve 1.000 foot dock on the Bay. SUPERVISOR RUSSELL: !to'~ do [ kn~w [hat? MI/. FITZGERAL[;: l{uh? SUPERVISOR RUSSELl,: Hc~,x do I ~.cnov,' that'? How do I know that? ttow would a ft[tur¢ Board, yoc can2 ;hake. it is t,~d law ~.o make', decisions based on the current occupants at'any given position. The law needs to be better than any group that occupies it. Eecause the law needs t,, be r(msi:~ .'~I through time. Elections and Trustees come and go. Saper~isors come and g(:. l'he law needs to be the clarity in what we can and can't do as we move forward. The quanti!y issue is specious. If there was 50 pending applications right re;w, you woa!d bc c~;ila-,g this reactionary. It is not an all of a sudden thing, we have been talking ab(mt this tbr two years. That is a long time. Now is a good tithe,~ to develop pvli,~'3 :,;',d b3 tt~c way, growing up there was one dock in Cutchogue ltarbor, now there is seven. What do I wait lbr? When there is 700? And then address it'? MR. FITZGERALD: %,'ah Cat you kn(,w ~imt there are not going to be 700. You sound l~ke... SUPERVJ. SOR P, USSELL: ituh': MI),. FITZGERALD: You st~unci tikc thc DEC. to say that we give you a dock, the first taing thai is going ia happca is yt:u arc iellil~g me that 3au are going to put a 20 foot boat on the dock and that is baloney because as soon as we approve it, you are going to run out and buy a 42 loot boat. 1 know you are going to do that. This is not me talking, this is... SLlPERVISOR ROSSELL: ?dbert? COUNCILMAN KRUPSKI: Actually. this has been, I am sorry to interrupt you. Why don't you fimih and then 1 wid.., do you mind? MR. F[TZGERALi-3: Yeah. gu ahead. COUNCILMAN KRUI'SKI: And ! knew you ,,cry weil m;d you know me and we have dealt with each other ,'or yea~s. You men'.ia ~ed Chuck Hamilton and Scott mentioned the length of the dock discussion, actually it is more of a 10 year old or 15 year old dock Oiscussion lb~ mo, being a pasr member or lhe Board oi' ~lrustees, when we rewrote the wetland code in 2004 Chuck Hamilton gave us a picture, a big aerial photograph of an area l?om up the island and it 'xas a peninsula with a creek on either side and it was completely built au',. Not oniy ',xi~b haines :ut it was completely built out with docks and be said, if you don't do something. Soulho~d Town will look like this. And we did, we Moratorium on Docks Public !leafing May 20, 2008 15 took his advice, when we rewrote the wetland code which was then chapter 97, we did ban docks in Downs Creek, which was; completely undeveloped, Hallocks Bay which is very large and complelely undeveloped and parts of undeveloped Hashamomaque Pond and we did so because it is called 'creep When you put one dock in, all ora sudden the area has been fragmented by tha! one dock and then well, you put another one in and what is the difibrence? Well, you have tut) there, it doesn't matter if you put a couple more in. And you mentioned 32 locks m d~e Bay and there is only 32 docks. I wonder, because of the ctp'rcp~. conditit~l~!, the ~ cnlt~er conditions, the normal weather conditions of the Bay, how many o~'those docks arc aclually used? MR. FITZGERAi53: I havc ao idea. COUNCILMAN K ',tJ?SKI: And that i:.; tht whole point ora dock, is to be used. NIR. FITZGERALD: /d, the pc,hr is ¥,i~h c,nly 32 docks out of 1,800 properties, why all ora sudden are wc concerned that peop:e are going to rush out and start building docks? COL~IC!LMAN KI':IJPSK! l:;;~'at~s,, iilba; what Scott said, once a horse is out of the bu~ n .... SOPERVISOR RUbSELL: We [:~o not *all ora sudden' there is discussion, Albert talked to me about this two years ago. and I have only been the Supervisor tbr two plus years. MR. FITZGERAIJ): I understand. SUPER'ViSOR RUSbELL: it v,a~,; on his agenda, the fact is, also are your talking about the merits of the moratm'ium or a ban? A moratorium is to develop the policy. MR. FITZGi~RALD: l am talking aborn a ban. SO?ERViSOR RUSSELl,: C/ell, we me talking about a six month, we just said that a ban wouldn't work. that is why wc are ~nt addressing a ban tonight. But a moratorium to develop good policy, so maybe in the lhtn'~e you wouid understand why your client in Sout?,old got turned down and a,;other cliert might get approved. So you know what the policy is berm'e, in other words, it is wnttem you understand what is behind the decision nmking. MR. FITZGERALD: And I am ail ibr having a rule book and everybody gets the same r~lc Look. All ~b~' il COUNCILMAN K}qt)PSKI: idmmi:mal. MR. FiTZGEIitAL]): My concern ~s ta3t when this showed up in the newspaper, currcutl.5, it had to do wid~ tl:e tact lt'~at ihe president of the Trustees and the Town Supervisor both t, sed d:c word ~ban'. C, kav' So I dun't have... Moratorium on Docks Public Hearing 16 May 20, 2008 SUPERVISOR RUSS[iLl: That ;:; l'~ir. T'o :t is hrir. MR. FITZGERAI.D: 1 don't !lure prot?erty on the Bay. I don't care. I am just concerned by the concept. Let me just say one other thing, I will sit down and let other people; do you think this is going to have an effect on property values? On assessed .... SUPERVISOR RUSSELL: A mormorium will have no bearing on property values. MR. FITZGERAI,D: ~5o you tL2 ~k t!~:f a ban of docks on the Bay would have an effect Oll assessed values? SUPERVISOR RUSSEI I~: 1 think that i5, o ,erslated, first of all, I don't think we will go to thc directiou ora ban and ! la':e mzn:~o~,ed that 15 times tonight, if we were talking about a ban, lhat is wh,~t vve wudid be ',o:ing on. I wasn't tile only one that used the word ban ihat day, I mig?,t have been quc~tco b,~t ew,'rybody used the word ban. We dismissed that as an impractical and somev:hat simplistic solation to a complicated and complex problem. But do 1 think docks on the 3ay, tho right to have one, has an influence on the market value as an app:'aiser lbr ! 5 years. 1 have to say nominal. Most people that buy on the Bay m'e not looking for do;,ts aa ~h~ Bay. That is why you don't get a lot of applications. You can't say, well. nobody v:ants a dock on the Bay and then say, well, it is going to hurt their market valtic. The market Ibr docks is usually Ibr creeks and more navigable, deeper waters. The dock on :~ie 3ay, people that build on the Bay are looking ~or other things. ?, d,,;ck is aa ,;zcasio~a,, is tha, a market forced'? It is a very nominal market forced. 21' you arc conc,a:qe0 about market value, a few years ago the Board passed something mat i spoke against, wilich was limiting the size that you can build on. The buildable, the 20% lot cowrage issue. That bas far more impact on market value, I believe, than tile ability to put a dock. Now. would a dock that is 30 feet long versus 170 fce'~ long affect mariner ',alue? I Jon't think so. But I think we need to start to say do we really want to allow 17,5 lbot docks just hecause you have to go that far out to get to deep water? Suppose you haxe to go 270, .¢7~;, 470, 570'? What are the parameters? What is the decision makii~g I;ere? ~ ,~o~.id like to know that nod that is ¥~hat the policy, over six n'~onlhs, we'I1 be abic to be ,ie,'ciop, sc, ti-,a~ everybod? understands what the decision making is. i'he 'frescoes recent,,' 3aio mai &ey though£ Cutchogue Harbor was a good piace lbr docks in thc Bay ~,nite ,%the~ locations were not. [ don't know why Cutchogue ?turbot would oe good. it f:ad been thn:l:' pristine R)r so many years, I would like to know what the decision, maybe it is a ~ aiid point of view; but I would like to know the oecision making. ~hat is what policy o, cs. That is what good government does. It puts it all out on the mi;i,. Jbr ex. er?,ody t*; *mdersiand and it manages public assets with property rights, not you know. property 'Aghts don't trump the other. Riparian rights are not the exclusiw: right to use something. Fl;at's... MP,. FiTZGER,qI,O: l ,~ncicr:;tar, a. l b~ as 1 walk to m~ seat, let me just say despite the ~ac~ that essentially boi~ody ~ m,.eres~ctl m buiiding i:. dock on the Bay now, as soon as ?d ban them, you xA, ill fi!id a It31 el pc~3ple ,ire interested in building them when they talk to their lawyers anti tae assessors arlo w'}tal hax, e you. Moratorimn on Docks Public l leering 17 ?~ay 20. 2008 SUPERVISOR RIJ~C~iI:;I.L: !t could be. Th:ti could be. MR. FITZGERALD: Thank you '_bt youc.... SUPERVISOR RUSSELL: I don't kncx~ i~'that will drive the market though. Mr. Wills? And that is the issue is filndame~:tally ~hal aflbcts market value? I don't think lawsuits drive the market. Mr. Wills.'? FRANK W~'LLS: Fnmk \Vills. Mat:ih~c<. 1 will say right out I am in favor of a moratorium because it will give ~e Bee 'd and v hoever they choose to advise them more time to ct;nsider the lk?.;s., ficdon e'~c~ I a,tc:~ded the ~neeting the other day, last Saturday and I would like to r:ad one sentc:~.ce, ~:e paragraph, that has me troubled. And let me fl,'st of all expla2n '~nat CCA is i0t tl'~t,se who are unfamiliar with the term. CCA says copper, chrome, arscnate is a compound that is used to prevent supposedly, the rotting of tim,~ers iu the grc~a;d. One t;.' tee iacts that mey stated, that 'they presented, was laboratory studies by Weiss in ;991, i .~c, 2 had shown that the leech (inaudible) from CCA treated wood can be toxic !o est~at'ian species. Leeching decreases to about 50% daily once the wood is i:amersed in tt:e sea xvater. Approximately 99% of the leeching eccurs withi:~ the first !;(i da?s. i am st:i. forking for ar, explanation for these facts. What txappcns after the f, rs: 90 days'? :\Ii ti-,;., tapper, chrome, arsenate which is a poison, is in tee '~ater and wherc ,Joes it ge.; And ;,or, doe:; it guild kip [~r is it still in the wood? Bccause ii' it all ieee,irs oat in ~h,: ih'st ';t] days, t}lel~ ¢¢hy bother putting it in? COUNCILMAN KRtJPSKI: They ar~:.¢;st saying that !t doesn't leech out anymore after that 90 da3, s. What happens is that thc marine growth around the wood kind of encapsulates thc wood and titerc is really vn'tuaily no more leeching after that period. MR. WILLS: But it stili presc[v,.s t,~c woo,? COUNCILMAN lqRbi:'SKi: %~!L v,i~l i',appens is thc worms will eat into it, die and then the other worms eat iuto it ~'md oic a,d evemaaiiy it does comprontise the woods integrily but t2ey .ihSl car~'i~ cat i,~) it and 'u,vc a party. MR. WILl. S: Alright. Ed; 1 '¢,%i~ it had ocen exDained in this. The other comment is ~i:e; docks that extend onto public O~'optr:: ~hich is aii of us that own the water, the 2 rus~ees and so i'o~. nas the Towa considered charging a raonthly, year rental lee? Getting some money out of this tbr the ones they do allow? COUNCILMAN KRUPSKI: I p, etieve Dar when you receive a dock permit and build a doc,, 5om property ~3 ~cassesseo ':, tel!cci ~aat added value. S~-,PI';RV,SGR i;tUS,~l;l&: ,,\ &;,mn,i, a~sc~sntcut on it. As a structure. The underlying rental, that gets comvlicated with riparian issues. And again, riparian right is not the right to a dock ol any leag,h ynu wahl -1 i~o:~,~ a-c the issues we are going to work out. Also, 1 don't want to speak o,'the science: t(,':di.,}',t, that is wbat the six month time out will be. It will oe evaluatiug a,l of that atdIt thorough!: and thoughtfuliy. Moratorium on Docks Public Hearing 18 May 20, 2008 COUNCILMAN KRUPSKI: And also. the moratorium won't only address the science involved aud the e':viroameatai af,+~c~s, it will also address the navigational issues associated with docks and the access lc the public. When we had a moratorium on the wetland code basically the cede was ta!,xn: apart and put back together, we had a lot of input fi'om the affected public~ the marine contractors, the marine industry and I would assume, I would hope, that we would have the same sort of help from affected people as we had in that process because it r-,akes for a comprehensive judgment call by the Board t~en. when y:~u get ialbrmation fi'om cvc?:me and not just one group. SUPERVISOR RUSSELL: And that i *xhat six months will allow tbr, everybody sit around the table an~ ~.ome up wltl~ somvthiag. Jill'? MS. B©HERTY: ~ just ';~an:cd lt~ cia?, :y a couple ofthiugs. Yes, we have been talking abt;ut doing a policy ~,~ t~o y~:ar's. 12owever, ~t hasn't been the top priority for the Trustees, we have been, ~.s .~ou know ',~c .~x,/c made significant changes to the 275 and we felt that this was big3er than a lot ol d3ose little changes and we didn't want to hold up tht~se little changes for this, so x~c: m;ved that tbrward. We made, updated the shellfish code, we are ~orking ,m the cLapter 111 the coastaI erosion code, so although tais has heen in discussion fo~ two yem, t i~asn"~ been in the forefront. St~PERViSOR RUSMeLL: I cau appreeiat: that. MS. DO:=iERTY: Anu we are rtady [o pu~ it iu the forefront now and I also wanted to touch on what yin, said, in a cor~, c;sam,n ~,hen you said the Trustees said the Cutchogue Harbor was... SLIPERVISOR RUSSELL: Ji~i.. ;¥iS. DOi~ERTY: ~', was a good place, i wa:~ speaking for myself. S,~JPERV~SOI4 RGSSELL: ()ka.v. You said we, so I misinterpreted that and I am sorry. MS. DOAEKTY: Ar'xt I don t m,zar~ a~ o~ Cutchogue Harbor, there are some Marine II zoned mens and same areas Inat. ~4 would v~,~rk, obviously I approved. You know, I voted 2in' the one dock thcre, so I just wanted to clarity that. SdPERViSOR RioSSEL~: tleather? HEAIHER CUSAC'ik: }Ii, I am l leathei Lusack, I have lived in this town for 46 years and I want to thank you fbr proposing inis moratorium. I think it is a great idea and I thauk }ou all, you know, A1 ann Scott. wnt,{ you said at, out it. I do think there is a need for it at this time, take a look at. like you said, the policy and the current law and whether i~ is protecting those m'c~s oi d~e saore~i,~e ,vherc i~ is not a good idea to have docks and I t~,¥, in support of it iiBd ,Tar g~'zates~ l,~,4;u'ce is Peconic Bay and so you knox,,,, you are talking abou{ i',ke property value~,, losim_~ ?,rope~ty values if you can't get a dock, what makes those properly values high is that those people have this incredibly beautiful Bay Moratorium on Dock:; Public Hcad~,g May 20. 2008 19 in front of them wheio they can tish and .v 'm and a lot of western parts of the Island and other parts in our co::~stiine, you ca~?t s, iv, you can't fish. it is polluted. So it is really good to take a look at tiffs no'.,,,' aud the li.:p lets and I think it is really neat that this public hearing is on tonigN May 20~'. which is ti~e full moon. which is the first night that the horseshoe crabs come up and la.', their eggs and are mating and the, a lot of our shoreline that will be something that you will take a look at, where the horseshoe crabs are laying their eggs and those wouldn't be good p!aces for docks. And the dock that was referred t~ in Cntchogue Ha b::r. that w~:s perlni'ttcd last, this past winter in, you know, that stretch of pristine shoreline. '1 hat is a horseshoe crab nesting area and even though all the (inaudible) are not before the Tru::t~'es right now, the shoreline there has 57 private pieces of property I;~il~ those 57 people: ~3 3ecide that they want docks and how can you sa5' no ia thegn whe~ }'aa have 3aid }::4 t that person? So, and actually when I was working for the Town thc neighh~r noxl '~,; [he one that was permitted said I am going to come in ibr a dock .opiicatic, a. l'hcy c3.1~;c in to thc Trustee office and told us that. So that is very much a ~>ossibi125. So tho: i: .',on ,bt doing this, I am in favor of it. I am a N,ater. I am a swn',~: ~cr. 1 am n~:! for dscl, s. I am for. you know, accessing the water vGth my lket and getting iii my beat. And ! think just one thing on the CCA, the Town's c? Sot~thamplon a,'~d Ea? }la n~.,.~n hax: I armed the use of CCA treated lumber in the Pcconic Estuary. Ti~c Peconic E:,taary o'ogran~ is against the use of CCA treated lumber. It is something the [ruslees kc.c? iak2i:i: ti look at and it is through that dilution is the solution to poilution. 7au knov<: is n~ yo]~ kno~v, you put in a CCA dock and suddenly Ii, ere is a fish kill bat it is toxic, w,> pu: ~i ;:~ ~here'? I know why. It protects the dock but it is not protecting tl,c Bay. mit anywa) I}l~,nks a lot. SUPERVISOR RUS:,I[..LL: .ii,st ~,r,e d',ng t ,van/to say, ~c had a dock permit, that dock in Cutchogue, we had :;vc '~ ruslcc vtst~z, txxo for it, two against it. They are reading the same dock test and they are con-ting tip ,'ith very dit'fi~reat conclasions. That would be a good time to clarit~ I'.le policy :;,,.5 ,.':cw, c something tbr the long term, so everybody can understand. M.qRK ~fERRY. L',.¥RF CGOR,)iNZ :):.: Mark Terry, LWRP coordinator. I don't want ~o g,3 over the t*ositive and aegai.x e ~:enctits ~f docks because I think a lot of the science 5s inexact m some ar.::ts and al,at ~: what we are going to have to flush through and try to come up w;th some good science as we move lbrward for a management plan. I t,~ink that is ultimat~i'/what v:e wil', cno qp with, would be a management pl~ lbr docks ia the Bay. SU?EikVISOR .;',U;>>,Et iz Mgm. MR. '1 ERRY: l just want to con mct5ci i e I own Board fbr recognizing Peconic Bay as a Ic~ublic resource fo/a'.i t::e ci:,ze:.s o',' ~:. ; :)wa as weil as a regional resource. In many ali'&rent areas I v~<uk with ( ,;rn~dl Ce,,p,:'ative Extension in spawner sanctuaries, we were tr~ing to do ma~ tiffs n-~orrtng; ,..e z:,'e cstahlishing eel grass sanctuaries, we are trying 1o preserve ibc maritime b:rita? c,i Southold. 'Frying to do shellfish sanctuaries and all these tddags have to bc combine& ".'e also nccc, to assess, as the Supervisor said, i.-, a hails/lc way ail ~hese desigt~adon.; !i'orn the other agencies that have been placed on Moratorium ou Dock~ Pnblic He, rin!¢ b~ay 20. 2008 2O Peconic Bay. So it is a signi 'icai-lt fish a:,r~ wildlife habitats, critical environmental area; they all need to come together, oi~e dock. ,one map that says docks are permissible here, docks are permissible here, ~.his lTpe :.5,4 qocks may not be permissible here. That is what )ou ultimately m,y end tlp wile imf ~ know that lhe Town Board is interested in lbrming a panel of experts, ,~1 is having m.~ contact a fexv and hopefldly we can get this dm~e in six months a:;d :hat is il ~ also :'~a,~,i< you for being proactive, the only thing with the moratorium is in ~'egard lo I'ishers Islam:. by nature of geography, Fishers Island is an island and it is isolated wi~h ,mb. x :ss~.q transportation, so therefore it is a water dependent use. For c'ock ~,0 b,: :,r~ t i~;i~,~s Island, it is a water dependent use, so the Board may want to re~:opsidc~ that ',~dlN ~ tl~e moratorklm. JUSTICE EVANS: ",ge had a diseassk;t: ti;day and I had also previously talked with Jim King who :oki me ii:at ne, Fisher.; sia~d $}und and Long Island Sound, he didn't think aad i dnn't kno~' i',' ull :he '! ru';lecs th ,a, his, but did not include the harbors and the coves offc£that. Bui speakiag with ~;,~ 'i ~,wn Attorney and the Town Board agrees that we would add that languag: J::',~ I:~c n',o~atorium so it was clear that they were not i:.claded in the morat~;~ium. 1'.. R. TERRT: ()ga.','. By haL,re ,,f i s:~' ':, ,:dand with its high wave energy and therefore docks in the oceans c.r ~'n~ s~,~nd~ me c, St~:n ~:mblematic. J~JSTiC2 E YANS: X, ke~;, i think Ii,at ,nc :)cop!¢ on Fishers island would/hr the most l)ar~ weald stiil, as ::.~s: new' poi,c: ~s i-;..i~,.g dexdoped, hopefully there is also policy that incJudes f?ishers islan:l bat that i. ~'ay ha','c m be different policy. MR. ~f}:,RR'f: f;xac~0. ,'ks a water dc?c,t&n~ us,;. Thank you. SUPERVISOR RU};SELL: 7hat., :an. Vv~mld anybody else like to come up? Dave? MR. BERGEN: I ali .}tist m~::tes cd }b d c:a:ification of htat because my understanding lkom the reading and fi'om w}2:;~t 1 read heft, e is that this included all of Fishers Island. Is it today that the fondu board in 5our ~,o~': se.,siou decided lo exclude the harbors of ? ishers Is!aha ~¥om nqs or are the m~'c~, s 5:tciuded ia this'? COUNCILMAN KRUPSKi: The way it reads would be excluding Silver Eel Cove, Hay Harbor, West Harbor, Cl~.ocomat Cove ~:as: i laroor .... MR. BERGEN: Okac. CGi~JNCILMAN KIkUi;:SKi: ts:~,:ausc a: i..~ct'~c'rs, i think the Board would look at them t~e same way we lo(,[: ~t crec.,~, i~ the ~,, v'~:~ and if a~-eas that historically have docks and ¥ve can [eview the sst :~t' l,~i,3se dock~ ,?,we &~ring d~e moratorium without having a MR. B£RGEN: Because they slill ?~axt~ ~t be reviewed under 275. you are absolutely right, so al;ere still is a review ?,:ccess 1,,; x~ose areas. Moratorium on Dc. ck:i Pt i;lie I l,:;Mrt,.! 21 May 20, 2005 COUNCILMAN KRUPSKI: Abs,alutel', MR. BERGEN: Like I said. this is a ch~mge that I wasn't aware of today obviously because I wasn't there at whatever meet :~l;g VOU were at. JUSTICE EVANS: And then I had st¥,', ~ to Jim King two weeks ago when I was over here a,'~d he was a bit st~r? ~ise. ! ~!, 91 ! ~V~o,~g~ those were included in the moratorium... MR. BERGEN: Okay. JUbTICE EVANS: Bat most o!'ihe 1,; :,ad lhought... MR. BERGEN: And that letter reflected it and that is what 1 thought, was that it also included all those ha,'bors, so I a.n glad to, !;ear that you reconsidered that. That is great. Thanks. SUPERVISOR RUSSkLL: i'!:a~;;( .~ot:. Bcuia? Do y:m want to speak on this hearing? BENJA SCHWARTZ: No, no. I warn to ~alk about the docks. Benja Schwartz. The docks and the rock.,;. And 1 want to co~rpl!ment all of you because that is what you are here for~ to protect dte paolic's nSn~s a ':,: arc talking about public property rights. As a private property ~vvner in 'Iown. I w(mld also like to note that each one of us our private property rights arc li caiteo if ~h,:~': L, o verdevelopment of other private properties. So even in terms of private property rights. I think the highest, we are in an estuary. Peconic Estuary thc5 say has naSonal :ign~ficance. I think it has global. I love it here and I tlunk we neea to cio evetS,i,b,~4 ,~e c~a tc pr,;tect ~t ~d we don't need to go very lat. Right dOWil (Sh[c[4;gdC [:110~;;. [Jle l)e gl1 in Ikont of Pequash Club, if you go to the easl. you have a bcautif, l ~aik down tu tl,e channel. Down to the creek and you can really e~loy yourse,i' thole, i? you g6 tae other direction, to the west, you hit docks. I)ocks~ biilkheads./~,d lhen ~l'le:'~ is roc;;~ a:ound the inlet and nobod) walks them. there arc some people tacre, weahay ;:zoNe, :h~,i have iarge boats that use that inlet to get in and out of. la:ge boats are ?,ara to usc il, the Eas: Creek side where there is not as deep a channel bdt you kllow, it is au issae h~[':~ too of economic .justice lbr the people who can't afibrd the big boats. But even tl~c 9eo~*te ~,ho can afford the waterl}ont propeay, I love to look out there and sc~- all the xayaks l~ai arc becoming very popular. You could have 1,000 kayaks obi there and 5v,, ,ti;; ia~c; beauti;ul view bui if you get one of those c~garettc 0oats, tha; .;iso,~s the Cie'e, 16;' a',~.rybody. Maybe the people in the cigarette boats are having lu:; bui ~he/,r;vate pre;zen ' owners, maybe they will sue the Town and say they have a right to a dock. I tl~inl< the ! own, thc goverrlmeni, you are the people that can stanci t~p for ;he ::motic Frt4,.:r:y rig 'ts You are the only people that can. I want to mank you lbr doing ~ha~ on oeh~.ll of c,,c~ybody and also personally, I love to go out there in small boats; k~yaks, cainocs, 5ailb:mts, smdish, windsurf~rs and I am going to tm'ow iu a ouick commercial io ?nd ~ v, it't hone cat has a new kind of kayak, with a mirage drive. The regular mirage chive ,s ,~onderful bdt if yon get the extra large turbo fi~/s, you ceuld just Sit therv an~" }'dst =c~ very mild exercise. You can go for miles Moratorium on Doc!;~; Pt;01ic Hea ql~g 22 May 20, 2008 v~'ithout getting ti;c,:i :md thc ~,a~ ~,,< ~-!ie~ ,;ough the waer. It is a great way to see the Pcconic Estt~ary. Timni~ yeu. SUPERVISOR RUSSEI.L: I ;?,init it ,vo~ld be a mistake to think all the waterfront owners are you know. in unit5 bore. th :t riley want their docks. I actually, the one in Cutchogue I didn't even know about tnti! waterfront o~vners called me complaining because it was approx cd. I ~a tnt t}uough tl~ie same thing two years ago. I said let's put it oll on the t~ble a~d ,tev~lop some sor~ c,i' policy here. Actually, Albe~ ~d myself talked t, bout it a~d the rest of the Board agreed. Would anybody like to comment on this particular public hearing, so ,ha: ',~e c~;~ cose it and get yelled at tbr other things? (No commen~) Okay. Wc'i2 ck~e A. N¢¥iile [own Clerk DAVID A. PATERSON (~OVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORT~S-VAZQUEZ SECRETARY OF STATE June 13, 2008 RECEIVED JUN ] 9 2008 Lynda M Bohn Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 SoutholdTown Clark RE: Town of Southold, Local Law No. 5, 2008, filed on June 5, 2008 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website: www. d os. state, ny. u s/co rp/m isc. html. Effective 1/22/08, the Department of State, State Records and Law Bureau's new address is: NYS Department of State, State Records and Law Bureau, Suite 600, 99 Washington Avenue (1 Commerce Plaza), Albany, NY 12231. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY,US E-MAIL: IN FOI~DOS.STATE.NY,US ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on May 20, 2008 at 4:45 p.m. on the proposed Local Law entitled "A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review ofT and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold' Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Received By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERKI - ~ TOWN OF SOUTHOLD May 1, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on May 20, 2008 at 4:45 p.m. on the proposed Local Law entitled "A Local Law in Relation to a One Hundred and Eighty {180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees / Southold Town Board of Appeals Signature, Received By Please print name Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ~ ' · B ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May I, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~a:~, (683~) 765-6145 ~r~l~l~n~631 ) 765-1800 southoldtown.northfork, net PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on May 20, 2008 at 4:45 p.m. on the proposed Local Law entitled "A Local Law in Relation to a One Hundred and Eigh ,ty (180) day Moratorium on the Processing, Review of~ and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Please print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK r,e :x, US Airbill Express /. ~. ,,,tr.t se,,.~s F,d~x 1067--7029--8 Date Senders EL I ZABETH NEVILLE Name Phone (~:~3 ~. )765-1800 TOWN OF SOUTHOLD Company 53095 ROUTE 25 SOUTHOL D NY 11971-4&42 State 3 To z,, 0359&85758 5 Packaging _, 6 Special HImdling I~1,~, FedEx eddre, in S~tion 3. , ~ ~.s,~ Recipier~ [] l~irdParb/ [] CreditCar~ [] CBsh/Check 8 Residential Delivery Signature Options ,~.,...~.,,.,..o~ko...,,o,,~ 15 " 1 ELIZABETH A. NEV~I.LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 3, 2008 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 5 of 2008 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, l am enclosing herewith certified copies of Local Law Number 5 of 2008 of the Town of Southold, suitable for filing in your office. 1 would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Enclosures Lynda M Bohn Southold Deputy Town Clerk cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE 41 STATE S1REET Local Law Filing ALBANYI NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. [21 County [] City [] Town of SOUTHOLD [] Village Local Law No. $ of the year 2008. A Local Law entitled, "A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold". Be it enacted the Town Board of the: [] County [] City [] Town of SOUTHOLD [] Village Section I: Legislative Intent The Town Board finds that the construction of docks in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound impairs the Town's unique environment and ecology. The construction of docks in these waters results in environmental and physical degradation including, but not limited to, impacts to o vegetation, water quality, marine life and benthic communities. Docks have the effect of impeding the public access and use of waters and shorelines, affecting navigation of vessels and creating negative aesthetic impacts. The Town Board finds that it is necessary to temporarily suspend the approval process for new docks in these waters, in order to comprehensively review the current code provisions and recent scientific studies. The Town Board expects to prepare legislation to address when, and under what circumstances, docks may be permitted in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. Section 2: Enactment ora Temporary Moratorium Chapter 275 §275-17 Temporary Moratorium (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 05/05) A. For a period of one hundred and eighty (180) days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect: 1) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any new dock (as defined in Chapter 275) proposed to be located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor); 2) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any extension or addition to any existing dock (as defined in Chapter 275) located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor). B. APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications for a Chapter 275 permit from the Board of Trustees of the Town of Southold for any new or existing dock (as that term is defined in Chapter 275). C. EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual maintenance or repair, in-place, of a presently existing dock that has been issued a permit by the Board of Trustees. {~ D. CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 275 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(l)(ii)(a)(14) and section 22 to supercede any inconsistent authority. In particular, this local law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 11, to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and make decisions concerning applications. E. APPEALS PROCEDURE The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an extraordinary hardship. To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation. 2 Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $50.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 3: SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4: EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 5 of 20 08 of the (C:::7.?j'~,(C:.~')(Town) ('.'~!:.g:) of SOUTHOLD was duly passed by the TOWN BOARD on_ Ma,/20 ,20 08 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __., and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(Cily)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village). of was duly passed by the on 20 , and ',vas (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) l hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. (Seal) Clerk of the~bunty ie~islativ~ bod]. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: May 28, 2008 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK i, the undersigned, hereby certify that the foregoing local law c/m~tains the correct tex~an~tt3at all proper proceedings have been had or taken for the enactment of the local law Signature Plttricia A. Finnegan, Esq{ To~ A~rn~y Kieran Corcoran~ Esq. Asm~ffant Town'h~Attorney Title Town of Date: SOUTHOLD May 28, 2008 5 Southold Town Board - Letter Board Meeting of May 20, 2008 RESOLUTION 2008-539 ADOPTED Item # DOC ID: 3917 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-539 WAS ADOPTED AT THE REGULAR MEETING OF IHE SOUTHOLD TOWN BOARD ON MAY 20, 2008: WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of April 2008 a Local Law entitled "A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing~ Review ofT and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed local law entitled, "A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing~ Review oft and Making Decisions on Dock Applications (new or pending'} made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" which reads as follows: LOCAL LAW NO. ~5 of 2008 "A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold". BE IT ENACTED BY, the Town Board of the To~vn of Southold as follows: Section 1: Legislative Intent The Town Board finds that the construction of docks in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound impairs the Town's unique environment and ecology. The construction of docks in these waters results in environmental and physical degradation including, but not limited to, impacts to vegetation, water quality, marine life and benthic communities. Docks have the effect of impeding the public access and use of waters and shorelines, affecting navigation of vessels and creating negative aesthetic impacts. Generated May 22, 2008 Page 46 $o~.tthold Town Board - Letter Board Meeting of May 20, 2( The Town Board finds that it is necessary to temporarily suspend the approval process for new docks in these waters, in order to comprehensively review the current code provisions and recent scientific studies. The Town Board expects to prepare legislation to address when, and under what circumstances, docks may be permitted in the P¢conic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. Section 2: Enactment ora Temporary Moratorium §275-17 Temporary Moratorium A. l~or a period of one hundred and eighty (180) days tbllowing the etl'ective date of this Local Law after which date this Local Law shall lapse and be without further force and effect: l) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of %uthold for ar, y new dock (as defined in Chapter 275) proposed to be located in the Pcconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound(excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Hztrbor); 2) The Board of Trustees of the Town of Southold shall not accept for reviexv, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold lbr any extension or addition to any existing dock (as defined in Chapter 275) located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound(excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor). B. APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications for a Chapter 275 permit from the Board of Trustees of the Town of Southold for any new or existing dock (as that term is defined in Chapter 275). C. EXCLUSIONS This Local Law shall not apply to: t) the ordinary and usual maintenance or repair, in-place, of a presently existing dock that has been issued a permit by the Board of Trustees. Generated May 22, 2008 Page 47 Southold Town Board - Letter Board Meeting of May 20, 2008 D. CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 275 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority. In particular, this local law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 11, to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and make decisions concerning applications. E. APPEALS PROCEDURE The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an extraordinary hardship. To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation. Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $50.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 3: SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4: EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 1] ~IOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell NAYS:Thomas H. Wickham Generated May 22, 2008 Page 48 Southold Town Board - Letter Board Meeting of May 20, 2008 RESOLUTION 2008-537 ADOPTED Item # DOC ID: 3916 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-537 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in Relation to a One Hundred and Eighty 080} day Moratorium on the Processing~ Review oft and Making Decisions on Dock Applications (new or pending} made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] HOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated May 22, 2008 Page 43 Orient, NY May 12, 2008 Dear Madame Clerk, Please distribute this communication to the Town Board and Town Trustees at your earliest possible convenience in advance of the upcoming public hearing in relation to the proposed dock moratorium/ban. I have prepared some issues the Board may wish to contemplate at their work session in advance of the hearing. Thank you for your cooperation in this matter. RECEIVED Sincerely, former Town Trustee, John Bredemeyer MAY 1 3 2008 Sot, fl~old Town Clerk Comments of John Bredemeyer, Peconic Estuary researcher and former Southold Town Trustee: I offer these comments for the consideration of Southold Town officials and request they be included in the public record for the scheduled May 20, 2008 Public Hearing proposing a moratorium on Docks in certain areas of the Town. My name is dohn Bredemeyer; I reside in Orient. I am a 33-year employee of the Suffolk County Department of Health Services where I work in the Bureau of Marine Resources in the Office of F, eology. I have been involved in marine environmental and public health investigations and enforcement for 25 of those years and am the most senior employee of Suffolk County personally conducting water quality investigations throughout the Peconic Estuary, Suffolk County, its' coastal waters, Long Island Sound, the near coastal Atlantic Ocean and occasionally blas~au County. I was a member of the 8outhold Town Board of Trustees for ten years, nearly five of which I served as President. I do not own a dock or have an interest in one. While I cannot speak for Suffolk County or Southold, the people of Suffolk County and Southold Town have invested much in my training and experience. As one who regularly uses docks or may see hundreds during the course of any given day, I feel compelled to share with you my thoughts in relation to "Docks~ to better facilitate your needs to properly regulate the coastlines of the Town in an effective manner. As such, I respectBally request you please consider that: 1. The notice of public hearing may be deficient in that certain areas are not adequately described.., for example, I would maintain that Orient Harbor ~s in fact an arm of the sea branching from Gardiner's Bay which is not named in the notice and therefore exempt...West Harbor on Fishers Island is similarly absent from the notice... 2. If it is truly your intent to moratorium and ban docks on an Island such as Fisher's Island, you may wish to hold a separate public hearing on said Island to afford the residents a more direct say in the matter. 3. A moratorium and ban may affect other political subdivisions who own waterfront property in the Town such as the Federal, State and County governments...as the proposal may affect activities at municipal boundaries, the Bi-county Planning Commission may have interests in the proposal as well. 4. A moratorium involving such a large area might possibly be accompanied by a SEQRA determination. 5. Public officials "of jurisdiction' have been extensively quoted in the local news media in favor of the dock ban on the "Bays". There is a shortage of available docking and mooring sites in Southold Town (the Town regularly limits boat size at Town boat ramps, too), which would only be exacerbated by the ban and the ban would essentially limit the construction of any new docks to the Town waters (Creeks) and underwater lands owned by the Trustees. Consequently, the moratorium and ban may create a conflict of interest for the Trustees and Public Officials, who, as owners of docks or lands on Creeks, might see their property values soar if a moratorium or ban is enacted. All involved public Officials who own docks or waterfront property on waterways not affected by the ban should disclose their holdings and interests to avoid the appearance of any conflicts of interest they might have and seek the counsel of the Town Ethics Board as necessary prior to any official action in these matters. 6. Public officials "of jurisdiction' have been extensively quoted in the local news media stating that permission to construct dock(s) is a privilege and not a right. One of the first court cases I was handed as a freshman Southold Town Trustee many years ago was the finding of the U.S. Supreme Court upholding the riparian property right to wharf-out. If you ~oogle "the riparian right to wharf-out', you will fred a 2007 decision by the U.S. Supreme Court that affirms it is a property fight not a privilege. The right to wharf-out is a regulated riparian property fight. 7. There is ample precedent in Southold Town and Suffolk County for acquiring property rights in a proper manner (purchasing them) as seen in our farmlands preservation programs and the functioning of the many land trusts that regularly acquire rights in land. The rights in these properties were not acquired by any moratorium or ban that I am aware of. 8. There seems to be little activity in dock construction that would warrant the exercise of police powers of a moratorium and the condemnation of property rights at this time. 9. To my knowledge, there has been nothing to suggest that thc Trustees have acted recklessly or beyond the scope of their duties/authorities in any dock related matters. 10. The benefits of sovereign ownership of under water lands by the Trustees {which may include lands between high and low water on the Bay and Sound in some instances) may be lost or diminished without careful consideration how a ban or moratorium is enacted. The NYS Constitution recognizes the Trustee's authority and ownership of lands under water. The Trustees may be needed when or if our own version of ~Broadwater' were to come to Town lands. 11, Although docks are highly regulated structures requiring multiple agency permits; from my experience and what I see in western Suffolk County, moorings within the jurisdiction of the Town pose a much greater threat to the environment and esthetics and remain totally unregulated.., anyone within the State may place a mooring in the areas mentioned in the Public Hearing without a permit...hundreds could show up at any time. 12. The purported environmental issue of docks shading the marine environment is very weak. A "pastoral' environment that the first settlers would have likely encountered contained much more sun shading from large trees and huge mats of detritus and dead sea grasses than docks would ever cause. Marine invertebrates such as squids and small fish regularly seek out the shade and protection of docks to avoid the sun and predators. New dock construction materials are non-toxic and permit large amounts of sunlight to penetrate to the waters below. 13. In many locales Docks serve as sites to hang mariculture nets and cages... areas under docks can provide permanent easements for working Baymen and aquaculturists, thus promoting traditional occupations as well as new industries. In one experiment I oversaw in Southold, some black (edible) mussels unexpectedly spawned at a dock where I had hung them, resulting in the production of over 5 bushels of harvestable mussels which went right to market. Spawning shellfish at docks could help re-populate shellfish on public lands underwater. 14. Dock building is an important local industry providing local employment! 15. The Trustees should be generously funded to conduct a comprehensive study of Mooring and Docking needs prior to any governmental action being taken...in a manner to enhance the Town's overall security. 16. All arguments that would justify a dock ban on the bay might lead to an attempt to force a similar ban on Trustee lands. 17. Docks can provide safe harbor to mariners in the face of the devastating forces of wind and wave. In many of our low-lying precincts, docks serve as potential points of exit during and after natural disaster(s) as well as points of entry for rescue personnel. While I think the goal of diminishing the number of docks on those great expanses of coastline with no history of docks is laudable and do-able, a moratorium or a ban at this time, where no real problem exists, will only invite construction of more docks...in courtrooms...as attorneys line up to argue the issue to no productive end and at great cost to the town, both monetarily and jurisdictionally. As historically important marine structures that promote our freedoms, rights and liberties, I hope you would consider the positive possibilities of docks as they continue to be a stepping-off place for ourselves into the wider world and a hopeful future. Like church steeples and cell towers that project mightily from the land and benefit us greatly, docks should have their set limits but need not be subject to a moratorium to achieve those limits. ELIZABETH A. NEVILI,E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD May 1, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on May 20, 2008 at 4:45 p.m. on the proposed Local Law entitled "A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southoid" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department S~gnature, Received By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: ~4~ ~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILT.~, TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on May 20, 2008 at 4:45 p.m. on the proposed Local Law entitled "A Local Law in Relation to a One Hundred and Eigh ,ty (180) day Moratorium on the Processing~ Review oft and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Date: Pleas~e print name DUPLICATi~ 0 BE Title: SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 1,/?!,'? --2 2008 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net 'OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on May 20, 2008 at 4:45 p.m. on the proposed Local Law entitled Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing~ Review oL and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments CC2 Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on May 20, 2008 at 4:45 p.m. on the proposed Local Law entitled O'A Local Law in Relation to a One Hundred and Eigh ,ty (180) day Moratorium on the Processing, Review ofT and Making Decisions on Dock Applications {new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments CC: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold To~vn Trustees Southold Town Board of Appeals Please print na/me Date: [','7 - 6 2008 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 PLEASE TAKE NOTICE that the Town Board of thc Town of Southold will hold a PUBLIC HEARING on May 20, 2008 at 4:45 p.m. on the proposed Local Law entitled O'A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review oft and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold' Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cci Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name Date; Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on May 20, 2008 at 4:45 p.m. on the proposed Local Law entitled "A Local Law in Relation to a One Hundred and EighW, (180) day Moratorium on the Processing~ Review '~ and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments ¢C; Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK May 15 08 03:06p B G Tremaine III TO: Scott Russell FAX: (631) 765-6145 TO: James F. King Jr. FAX (631) 765-6641 DATE: May 15, 2008 Dear Scott and Jim, As response coordinator to Resolution 2008-417, the attached letter has been signed by myself on behalf of the Fishers Island Yacht Club, Elby Burr on behalf of the Fishers Island Harbor Committee and Reynolds duPont Jr. on behalf of the Fishers Island Ferry Commission. Kathy Parsons will sign on behalf of the Fishers Island Development Corporation (FIDCO) tomorrow. Yon will receive the original signed letter on Tuesday as Louisa Evans will be bringing it to the meeting. I am foxing this letter to you with these three signatures so that you can have adequate time to review this response and provide others to do likewise. It also gives each of you a chance to contact me if there is a need for further discussion or clarification prior to the meeting next Tuesday, May 20th. Yours truly, ~ne III May 14, 2008 Burton G. Tremaine III Response Coordinator Resolution 2008-417 T: (772) 559-4995 E: fiwindward~gmail.com Mr. Scott Russell, Supervisor Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Resolution 2008-417 Dear Mr. Russell: We are surprised and somewhat alarmed to fred out that Resolution 2008417 was expanded to address piers and dock facilities in the waters of Fishers Island and Block Island Sound. It is our understanding that this resolution does not affect and would not apply to dock facilities in coves and harbors that serve Fishers Island Sound and Block Island Sound. These coves and harbors would include, but are not limited to, such bodies of water as Silver Eel Cove, Hay Harbor, West Harbor between Hawk's Nest Point and Clay Point, Chocomount Cove and East Harbor between Hungry Point and the point where the 14t~ tee on the Fishers Island Golf Course is located. We respectfully request that the Fishers Island waters be withdrawn from this Resolution 2008- 417. It is our understanding that Fishers Island Sound and Block Island Sound were not originally included in this resolution but were added as an afterthought, not that Fishers Island was experiencing the same types of issues as Peconic Bay, but to bo all inclusive for waters under the Town's jurisdiction. If it is determined that this moratorium must be all inclusive, we respectfully request that the harbors and coves as described above bo specifically excluded from Resolution 2008417. Please contact the response coordinator, Burton G. Tremalne III, by email or phone if there is a need for further discussion or clarification. Fishers Island Harbor Committee Chairman, Elbert M. Burr Jr. Fishers~/sland Ferry Com~ssion Chalrrdan, Reynolds duPont Jr Fishers Island Yacht Club Marine Chairman, B. G. Tremaine III Fisl~r~ Islan~ Develbl3ment-Corp (FIDCO) President, Kathryn M. Parsons May 15 08 03:07p B G Tremaine May 14, 2008 Burton G. Tremaine III Response Coordinator Resolution 20084 17 T: (772) 559-4995 E: fiwindward .~, gmail.com James F. King, Jr. President Southold Town Trustees P.O. Box 1179 Southold, NY 11971 RE: Resolution 2008-417 Dear Mr. King: We are surprised and somewhat alarmed to find out that Resolution 2008417 was expanded to address piers and dock facilities in the waters of Fishers Island and Block Island Sound. It is our understanding that this resolution does not affect and would not apply to dock facilities in coves and harbors that serve Fishers Island Sound and Block Island Sound. These coves and harbors would include, but are not limited to, such bodies of water as Silver Eel Cove, Hay Harbor, West Harbor between Hawk's Nest Point and Clay Point, Chocomotmt Cove and East Harbor between Hungry Point and the point where the 14m tee on the Fishers Island Golf Course is located. We respectfully request that the Fishers Island waters be withdrawn from this Resolution 2008- 417. It is our understanding that Fishers Island Sound and Block Island Sound were not originally included in this resolution but were added as an afterthought, not that Fishers Island was experiencing the same types of issues as Peconic Bay, but to be all inclusive for waters under the Town's jurisdiction, lfit is determined that this moratorium must be all inclusive, we respectfully request that the harbors and coves as described above be specifically excluded from Resolution 2008-417. Please contact the response coordinator, Burton G. Tremaine III, by email or phone if there is a need for further discussion or clarification. Chairman, Elbert M. Burr Jrr. Fisherst~sland Ferry Chairrfian, Reynolds dlXPont Jr Fishers Island Yacht Club ~ Marine Chairman, B. G. Tremalne III Fishers Island Development Corp (FIDCO) President, Kathryn M. Parsons 15/05 '0S THU 15:32 FAX 631 765 6145 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, SENT RESULT sot o u TOWN 001 TX REPORT 97656641 Trustees 15/05 15:31 01'00 2 OK ~vmy ~ U~ 03:07p B G Tmmaine Ill p,2 May l4,200$ Burton G, Tr~aine Ill Response Coordinator Resolution 200g-417 T: (772) 559-4995 E: ~a/l. corn James F. King, Jr_ Pre. idem Southold Town Trustees P.O. B~x 1179 Soutkold, NY 11971 R.~: Resolution 2005-417 D~ar Mr. King: We are surprised and somewhat alarmed to find out that Resolution 200g~t17 was expanded to address piers and dock facilities in the waters of Fishers Island and Block Island Sound. It is our Understand/ag t?mt this t~solution docs not affect and would not apply to dock facihfies in coves and harbors ttmt serve Fishers Island Sound and Btock Island Sound. These coves and harbors would include, but are not limited to, such bodies of water as Silver Eel Cove, Hay Hm~bor, West Harbor b~-ween Hawk's Nest PoSnt and Clay Point. Chocoraount Cove and East Harbor I~twecn Hungry Point and the point wh~n~ the 14aa ~e on the Fishem island Golf Course is located, We respectfully request that the Fishers Island waters be w/thdmwn from this Resolution 2008- 417. It is our understanding that Fishers Island Sound and Block Island Sound were not orJ~_fina~ly included in this resolution but wet, added as an alterthoughq not that Fishers Island was experiencing the sana¢ types of issues as Peconic Bay, but to be all inclusive for waters under the Town's jurisdic6on, Ifit is determ;.ed that this moratorium must b~ all inclusive, respeztfidly request that the barbera and coves as destaSbed above be specifically ex~lndext Resolution 2005-417, Please contact the response coordinator, Burton O. Trema~ne III, by emall or phone if there is a need for further discussion or clarification. #8811 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~ week(s), successively, commencing on the 8th day of May, 2008. Principal Clerk Sworn to before me this day of ~~/"-2008 ,~mi~L_and NO'nC~ ~S tmffr~y FURTHE~ 53095 Main R6~, ~o~ ~ Yo~ on ~ ~ ~y of~ ~ Ei~ (1~) day Moratod~ ~ss~g, Renew o~ ~d M~- ~in~ on D~k App~fi0m ~d Ei~ (1~) day Morato- ria, Renew o~ ~d PERC~DE To the ~ ~t any peovi~ca~ of this LO~I La~ ~ in coal~ wi~ o~ are v~ions of ~ter 275 of ~e Sou~old to M~p~ Home R~e ~w ~on 1~1)(~)(d)(3); ~on 10(1)(ii)(~)(14) a~ u~n,ho~ bea~ on, ~d ~e ~- · o~ to va~ or w~ve ~ app~ ~a~on ~t tach v~ or ~ ~d ~e Bo~d of ~t~s sup~ ~ ~ ~ ~th ~e To~ Clerk ~d ~e Bo~d of~s~es (for r~enda- ~) ~d s~ ~clude a fee of ~0.~ fion.~e aPPH~on ~d B~ of~t- ~n~fin~ ~ apprgv~ is r~e~ed to the a~lute ~lafi~ d~a of ~e (new Or pend~g) made to the Board of Town Board. Trustees pursuant to Chapter 275 ,Wet. lands and Shorel~l~.e of the Code Of the Town of Southold. Bo~Br~ l~. ENACrED BY, ~ Tower ~: mpet~nt a ct o~ the Towa. Of ~o~ ~ ~_~b~' ~va/id, the jud~ent Section l:Legislative Intent' trucaon of docks m the PeconiC Bay. Long Island Sound, Block Island Sound ~: EFFE~ DATE and Fisbers Islafid Sound impairs the Thii ~ Law shall take effect ira- Town's unique enviroam~t and ecol-. · mediamly~poa f~ingvdth~th~..y og~. The construction of. dOCks in these of State as provided by law. "' waters results in environmentid and Dateth~2,2008 physical degradation including, but not · : BY ORDER OF limited to, impacts to vegetation, water - : THE TOWN BOARD quality, marine life and benthic commu. OF THE TOWN OF SOUTHOLD aitie~ l)ocks have the effect of impeding Elizabeth Neville the public access and use of water~ and - Town Clerk shorelines, affecting navigation of vessels 8811-1T 5/8' _ and creating negativ~ aesthetic impact~ The Town Board finds that it is neces- sary to temporarily suspend the approv- al prOCe~.s for new docks in thege waters, in order to comprehensively review the current code provisions and recent sci- entifin stmtie~ The To~ ~-dmpe~ to prepare legislatinn m i~ddress when, and under what circumstances, docks may be permitted in the Peconic Bay, Long Island Sound, Block Island Sound and l~shets Island Sound. Section 2: Enactment of a Temporary Moratorium C~apter 275 §275-17 Tempora~ Moratorium A. For a period of one hundred and eighty (1~0) days following the effective dam of this Local Law afier-which date thls Local Law shall lapse ami be with- oat further force and effect: 1) ThE Board of ~rustees of the Town of Southold shali not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any new dock (as defined in Chapter 275) proposed to be located in the Peconic Bay, Long Island Sound, ~inck Island Sound and Fishers Island Sound; 2) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a haaring or make any decision upoh any application (new or pending} made pursuant to Chapter 275 of the Town Code of the Town of Southold inr any ext6nsinn or addition to any existing dock (as defined in Chap- ter 275) located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. B. APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications for a 'Chapter 275 permit from the Board of Trustees of the Town of Southold for any new or existing dock (as that term is de- fined in Chapter 275). C. EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual mainte* nanc¢ or repair, in-place, of a presently E~a..d~k th:t h.E ~. issued a ~r- CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01.V06105050 Qualified iff Suffolk county COUNTY OF SUFFOLK DEPARTMENT OF PLANNING STEVE LEVY SUFFOLK COUNTY EXECUTIVE May 13, 2008 THOMAS iSLES, AICP DIRECTOR OF PLANNING RECEIVED Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 2008 Re: Resolution 2008-417 (Moratorium...Dock Applications) 275 "Wetlands & Shoreline" SD-08-NJ Gentlemen: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, APF:cc Thomas Isles, AICP ~_~:~.~,,~ Chief Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4IH FLOOR P.O. BOX 6100 · (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER 631 ) 853-4044 Orient, NY May 12, 2008 Dear Madame Clerk, Please distribute this communication to the Town Board and Town Trustees at your earliest possible convenience in advm~ce of the upcoming public hearing in relation to the proposed dock moratorium/ban. I have prepared some issues the Board may wish to contemplate at their work session in advance of the hearing. Thank you for your cooperation in this matter. RECEIV2D Sincerely, former Town Trustee, John Bredemeyer MAY 1 3 2008 Comments of John Bredemeyer, Peconic Estuary researcher and former Southold Town Trustee: I offer these comments for the consideration of Southold Town officials and request they be included in the public record for the scheduled May 20, 2008 Public Hearing proposing a moratorium on Docks in certain areas of the Town. My name is John Bredemeyer; I reside in Orient. I am a 33-year employee of the Suffolk County Department of Health Services where I work in the Bureau of Marine Resources in the Office of Ecology. I have been involved in marine environmental and public health investigations and enforcement for 25 of those years and am the most senior employee of Suffolk County personally conducting water quality investigations throughout the Peconic Estuary, Suffolk County, its' coastal waters, Long Island Sound, the near coastal Atlantic Ocean and occasionally Nassau County. I was a member of the Southold Town Board of Trustees for ten years, nearly five of which I served as President. I do not own a dock or have an interest in one. While I cannot speak for Suftblk County or Southold, the people of Suffolk County and Southold Town have invested much in my training and experience. As one who regularly uses docks or may see hundreds during the course of any given day, I feel compelled to share with you my thoughts in relation to "Docks" to better facilitate your needs to properly regulate the coastlines of the Town in an effective manner. As such, I respectthlly request you please consider that: 1. The notice of public hearing may be deficient in that certain areas are not adequately described.., for example, I would maintain that Orient Harbor is in fact an m'm of the sea branching from Gardiner's Bay which is not named in the notice and therefore exempt...West Harbor on Fishers Island is similarly absent from the notice... 2. If it is truly your intent to moratorium and ban docks on m~ Island such as Fisher's Island, you may wish to hold a separate public hearing on said Island to afford the residents a more direct say in the matter. 3. A moratorium and ban may affect other political subdivisions who own waterfront property in the Town such as the Federal, State and County governments...as the proposal may affect activities at municipal boundaries, the Bi-county Planning Commission may have interests in the proposal as well. 4. A moratorium involving such a large area might possibly be accompanied by a SEQRA determination. 5. Public officials "of jurisdiction' have been extensively quoted in the local news media in favor of the dock ban on the "Bays". There is a shortage of available docking and mooring sites in Southold Town (the Town regularly limits boat size at Town boat ramps, too), which would only be exacerbated by the ban and the ban would essentially limit the construction of any new docks to the Town waters (Creeks) and underwater lands owned by the Trustees. Consequently, the moratorium and ban may create a conflict of interest for the Trustees and Public Officials, who, as owners of docks or lands on Creeks, might see their property values soar if a moratorium or ban is enacted. All involved public Officials who own docks or waterfront property on waterways not affected by the ban should disclose their holdings and interests to avoid the appearance of any conflicts of interest they might have and seek the counsel of the Town Ethics Board as necessary prior to any official action in these matters. 6. Public officials "of jurisdiction' have been extensively quoted in the local news media stating that permission to construct dock(s) is a privilege and not a right. One of the first court cases I was handed as a freshman Southold Town Trustee ma~y years ago was the finding of the U.S. Supreme Court upholding the riparian property right to wharf-out. If you ~ogle "the riparian right to wharf-out", you will find a 2007 decision by the U.S. Supreme Court that affirms it i~ a prope~y ~ight not a p~i~ll~ge. The right to wharf~out is a regulated riparian property right. 7. There is ample precedent in Southold Town and Suffolk County for acquiring property rights in a proper manner (purchasing them) as seen in our farmlands preservation programs and the functioning of the many land trusts that regularly acquire rights in land. The rights in these properties were not acquired by any moratorium or ban that I am aware of. 8. There seems to be little activity in dock construction that would warrant the exercise of police powers of a moratorium and the condemnation of property rights at this time. 9. To my knowledge, there has been nothing to suggest that the Trustees have acted recklessly or beyond the scope of their duties/authorities in any dock related matters. 10. The benefits of sovereign ownership of under water lands by the Trustees (which may include lands between high and low water on the Bay and Sound in some instances} may be lost or diminished without careful consideration how a ban or moratorium is enacted. The NYS Constitution recognizes the Trustee's authority and ownership of lands under water. The Trustees may be needed when or if our own version of "Broadwater~ were to come to Town lands. 1 1. Although docks are highly regulated structures requiring multiple agency permits; from my experience and what I see in western Suffolk County, moorings within the jurisdiction of the Town pose a much greater threat to the environment and esthetics and remain totally unregulated.., anyone within the State may place a mooring in the areas mentioned in the Public Hearing without a permit...hundreds could show up at any time. The purported environmental issue of docks shading the marine environment is very weak. A "pastoral" environment that the first settlers would have likely ~ncountered contained much more sun shading from large trees and huge mats of detritus and dead sea grasses than docks would ever cause. Marine invertebrates such as squids and small fish regularly seek out the shade and protection of docks to avoid the sun and predators. New dock construction materials are non-toxic and permit large amounts of sunlight to penetrate to the waters below. 13. In many locales Docks serve as sites to hang mariculture nets and cages... areas under docks can provide permanent easements for working Baymen and aquaculturists, thus promoting traditional occupations as welt as new industries. In one experiment I oversaw in Southold, some black (edible) mussels unexpectedly spawned at a dock where I had hung them, resulting in the production of over 5 bushels of harvestable mussels which went right to market. Spawning shellfish at docks could help re-populate shellfish on public lands underwater. 14. Dock building is an important local industry providing local employment! 15. The Trustees should be generously funded to conduct a comprehensive study of Mooring and Docking needs prior to any governmental action being taken...in a manner to enhance the Town's overall securiW. 16. All arguments that would justify a dock ban on the bay might lead to an attempt to force a similar ban on Trustee lands. 17. Docks can provide safe harbor to mariners in the face of the devastating forces of wind and wave. In many of our low-lying precincts, docks serve as potential points of exit during and after natural disaster(s) as well as points of entry for rescue personnel. While I think the goal of diminishing the number of docks on those great expanses of coastline with no history of docks is laudable and do-able, a moratorium or a ban at this time, where no real problem exists, will only invite construction of more docks...in courtrooms...as attorneys line up to argue the issue to no productive end and at great cost to the town, both monetarily and jurisdictionally. As historically important marine structures that promote our freedoms, rights and liberties, I hope you would consider the positive possibilities of docks as they continue to be a stepping-off place for ourselves into the wider world and a hopeful future. Like church steeples and cell towers that project mightily from the land and benefit us greatly, docks should have their set limits but need not be subject to a moratorium to achieve those limits. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of April 2008 a Local Law entitled "A Local Law in Relation to a One Hundred and Eighty ('180) day Moratorium on the Processing, Review oft and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of thc Code of thc Town of Southold" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold~ New York~ on the 20th day of May 2008 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" reads as follows: LOCAL LAW NO. of 2008 "A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold". BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1: Legislative Intent The Town Board finds that the construction of docks in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound impairs the Town's unique environment and ecology. The construction of docks in these waters results in environmental and physical degradation including, but not limited to, impacts to vegetation, water quality, marine life and benthic communities. Docks have the effect of impeding the public access and use of waters and shorelines, affecting navigation of vessels and creating negative aesthetic impacts. The Town Board finds that it is necessary to temporarily suspend the approval process for new docks in these waters, in order to comprehensively review the current code provisions and recent scientific studies. The Town Board expects to prepare legislation to address when, and under what circumstances, docks may be permitted in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. Section 2: Enactment of a Temporary Moratorium Chapter 275 §275-17 Temporary Moratorium A. For a period of one hundred and eighty (180) days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect: 1) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any new dock (as defined in Chapter 275) proposed to be located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound; 2) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any extension or addition to any existing dock (as defined in Chapter 275) located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. B. APPLICATION I) This Local Law shall apply to ALL (new or pending) applications for a Chapter 275 permit from the Board of Trustees of the Town of Southold for any new or existing dock (as that term is defined in Chapter 275). C. EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual maintenance or repair, in-place, of a presently existing dock that has been issued a permit by the Board of Trustees. D. CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 275 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law section 10( 1 )(ii)(d)(3 ); section 10( 1 )(ii)(a)(14) and section 22 to supercede any inconsistent authority. In particular, this local law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 11, to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and make decisions concerning applications. E. APPEALS PROCEDURE The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an extraordinary hardship. To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation. Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $50.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 3: SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4: EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: April 22, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MAY 8, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members TC's Bulletin Board Trustees Town Attorney STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the .5 day of ]~QO-~-~ .2008, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Local Law Public Hearing Docks - May 20, 2008 at 4:45 pm lizabeth A. Neville Southold Town Clerk Sworn before me this ~ day of ~f~t~_ ,2008. - Notary Public - LYNDA M. BOHN NOTARy PUBLIC, State of New Yo~k No, 01 B06020932 Qualified in Suffo k County Term Exp res March 8, 20 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on May 20, 2008 at 4:45 p.m. on the proposed Local Law entitled "A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing~ Review ; and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shorclinc' of thc Code of the Town of Southold" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cci Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Southold Town Board - Letter Board 'Meeting of April 22,2008 RESOLUTION 2008-417 Item# ^oOPTEO Doc ,D: ,822 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO, 2008-417 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 22, 2008: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of April 2008 a Local Law entitled "A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review oft and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on the 20th day of May 2008 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold" reads as follows: LOCAL LAW NO. of 2008 "A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold'. BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Generated April 24, 2008 Page 63 Southold To~x n Board - Letter Board Meeting of April 22, 2008 Section 1: Legislative Intent The Town Board finds that the construction of docks in the Peconic Bay, Long Island Sound, B!ock Island Sound an_d_F!sher?.Is!an_d Sound_ impairs the Town's unique environment and ecology. The construction of docks in these waters results in environmental and physical degradation including, but not limited to, impacts to vegetation, water quality, marine life and benthic communities. Docks have the effect of impeding the public access and use of waters and shorelines, affecting navigation of vessels and creating negative aesthetic impacts. The Town Board finds that it is necessary to temporarily suspend the approval process for new docks in these waters, in order to comprehensively review the current code provisions and recent scientific studies. The Town Board expects to prepare legislation to address when, and under what circumstances, docks may be permitted in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. Section 2: Enactment of a Temporary Moratorium Chapter 275 §275-17 Temporary Moratorium A. For a period of one hundred and eighty (180) days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect: 1) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any new dock (as defined in Chapter 275) proposed to be located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound; 2) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any Generated April 24, 2008 Page 64 Southold Town Board - Letter Board Meeting of April 22, 2008 extension or addition to any existing dock (as defined in Chapter 275) located in the Peconic Bay, Long ts[and Sound, Block Island Sound and Fishers Island Sound. B. APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications for a Chapter 275 permit from the Board of Trustees of the Town of Southold for any new or existing dock (as that term is defined in Chapter 275). C. EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual maintenance or repair, in-place, ora presently existing dock that has been issued a permit by the Board of Trustees. D. CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 275 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority. In particular, this local law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 11, to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and make decisions concerning applications. E. APPEALS PROCEDURE The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an extraordinary hardship. To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation. Generated April 24, 2008 Page 65 Southold Town Board - Letter Board Meeting of,~\pril 22, 2008 Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $50.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public bearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 3: SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4: EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANrMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski .~r., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated April 24, 2008 Page 66