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HomeMy WebLinkAboutLL 2012 #02ANDREW M. CUOMO ~I'ATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA gg WASHINGTON AVENUE ALBANY, NY 12231-0001 · CESAR A. PERALES Februa~ 1,2012 LyndaMRudder Depu~ Town Clerk Town Ha11,53095 Main Road PO Box 1179 Southold NY 11971 R[C~IVED FS~ 6 20~ $ou~No~ Tow. (lerl~ RE: Town of Southold, Local Law 2 2012, filed on January 31, 20t2 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law fi!lng .forms can be obtained from out website, www.dos.state.ny, us. Sincerely, State Records and Law Bureau (518) 474-2755 WWW.OO$.$TATE,NY.U$ ' E-MAIL:INFOQDO$,STATE.NY.U$ SOUTHOLD TOWN BOARD PUBLIC HEARING January 3, 2012 4:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 4:39 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6th day of December, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources" 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 3rd day of January, 2012 at 4:32 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 Amendments to Chapter 219~ Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the purpose and intent of these amendments to provide for the proper use and regulation of shellfish and underwater lands and to protect the natural resources of the Town, thereby promoting the general health, safety and welfare of the residents of the Town of Southold and the public at large. Amendments to Chapter 219 2 January 3, 2012 II. Chapter 219 of the Code of the Town of Southold is hereby amended as follows: {}219-4 Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels a.n~ mussels and other marine biota. SHELLFISH - Clams, scallops, oysters, btae-ehwv-ombs, and mussels, pemviak4e~, §219-9 Clams. C. Churning by power may not be employed in the taking of clams high-tide4im>in Town waters. §219-12 Mussels. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by any one person. ~ ~fmu::~!: in ~ne ~ay. f~r c~mmerc:.a! pu.~ses. §219-16 Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the T.e. wn Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and notices posted by §219-23 Coordination and enforcement. The D!rectcr Office of Code Enforcement and,~- the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter, and have the authority to issue violations of the provisions of this chapter. IlL SEVERABILITY Amendments to Chapter 219 January 3,2012 3 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 affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have the notice that it was posted on the Town Clerk's bulletin board on December 13, 2011 and that it was published in the Suffolk Times on December 29, 2011. A letter from Mark Terry, principal planner and LWRP coordinator stating "The proposed local law has been reviewed to chapter 268, waterfront consistency review, the town code of the Town of Southold and the LWRP policy standards, based upon the information provided to this department as well as records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." A letter from Andrew Freleng, chief planner Suffolk County. "Pursuant to the requirements of section A 14-14 through A 14-25 of the Suffolk County administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant countywide or inter-community impacts. A decision of local determination shall not be construed as either an approval or a disapproval." And we have just a notice of the short environmental assessment form and that is it. SUPERVISOR RUSSELL: We are not in a position to act on this law, this proposed local law this evening. We are still waiting for a formal response from the Southold Town Planning Board. With that in mind, ma'am, would you like to go first? JAY MCKASTY: I am Jay McKasty, I live in Orient, quite near Hallock's bay, not on Hallock's bay. I am 5'4" tall in flat shoes. I have read the notice, I have discussed the notice with my husband. First of all, I would like to know, disregarding the legalese of what was just read, why this is being done? COUNCILWOMAN DOHERTY: The Board of Trustees, about five years ago, acted on a request from Comell to have this area closed for eel grass restoration project. At the time, the Assistant Town Attorney felt it should be codified, so it was. That area is basically not working for Comell anymore with the eelgrass and we have gotten requests to open up the area again and so we felt we should open it up and see what other living organisms can be there and can be worked on. The Trustees can very well close it by resolution again, another area. This area is a large area, a lot of the baymen would like to scallop in there and we have spoken to Comell, the Trustees have spoken to Comell and their project is not working and gave us their blessing to open it up again. Amendments to Chapter 219 4 January 3, 2012 MS. MCKASTY: So then you are telling me that you are considering opening up Hallock's bay to dredging and that is why you are doing this revising of this? COLrNCILWOMAN DOHERTY: Hallocks Bay is open .... MS. MCKASTY: Is that yes or no? COUNCILWOMAN DOHERTY: That section, yes. MS. MCKASTY: Yes? COUNCILWOMAN DOHERTY: Yes. MS. MCKASTY: Yes. Okay. Why are you, why do you have in this draft Little Bay included? With being open again? COUNCILWOMAN DOHERTY: There was an closed, rather large closed area of Hallock's Bay and Little Bay for this study and that was designated in the code and that was how it was described in the code, so we are opening that section up. SUPERVISOR RUSSELL: If I can just interject, I think a minute ago you had asked if we were opening up Hallock's Bay to dredging, that is not the case. We are opening up Hallock's Bay to shellfish harvesting. MS. MCKASTY: How? SUPERVISOR RUSSELL: Comell Cooperative had tried to establish eelgrass beds in the area, they worked tirelessly trying to restore the eelgrass beds out there. It is a project they felt was no longer tenable; they couldn't accomplish what they set out to. So with their recommendation, we are endeavoring to open that area to shellfish harvesters. COUNCILMAN KRUPSKI: And if there is any other, in the future, if anyone wants to do any other research whether it is on eelgrass or scallops or clams or anything, they are certainly more than welcome to propose something to the town and the Trustees still have the ability to close offa section for research purposes at any time. MS. MCKASTY: Okay but Mrs. Duffy just said that with this, if it is approved as it stands, dredging can happen in Hallock's Bay now. With this being approved as it is written. Yes or no? COUNCILWOMAN DOHERTY: Well, it is not open to, what do you mean by dredging? Come dredge the area or .... MS. MCKASTY: Scallop dredging. COUNCILWOMAN DOHERTY: Scallop dredging, okay, that is what I thought you were referring to. In this season it is not open right now because the resolution the Board Amendments to Chapter 219 January 3, 2012 of Trustees has done is open to that area except for which is closed. If the Town Board chooses to adopt this, it takes a while for everything to go through the process and I would assume that the actual code change won't take place, I am not sure, Betty would know better how long it actually takes place but once that is open, it is open to scalloping. COUNCILMAN TALBOT: Ms. McKasty, do you have concerns about it being open? MS. MCKASTY: I do. I do. I have got concerns about a couple of things. I am sure Mr. King knows that there are millions of bugs in Hallock's Bay right now, the size of a quarter. Alright? Now those bugs have a chance, if the winter isn't too hard, to grow and be harvestable perhaps in size come March. That is a legal time that you can scallop in Hallock's Bay, is March. Someone has suggested that since I am 5'4" in flats, that perhaps consideration into this bill should be put that you cannot dredge in water that is any lower than 4 foot high at both high tide and low tide in Hallock's Bay or anywhere in Southold township because, we are back to the same theory, that dredging ruins eelgrass. Reports coming out of Shinnecock Bay, which I am sure Mr. King knows and maybe Mrs. Duffy, is that there are tons of scallops in Shinnecock Bay. There is a good amount of scallops in Riverhead, too. And if this law is passed without a consideration of no dredging in Hallock's Bay come March, you might have jobs for people, okay? Come March, the economy might come up a bit come March but if you let dredging continue in there, you are going to have nothing. The amount of scallops in Hallock's Bay was less this year by look box and hand harvesting than last year. And last year dredging, I believe, happened out there all winter long. So that is one concern I have with this as it is drafted now. The other concern is that you seem to be very concerned about mussel harvesting, why? COUNCILWOMAN DOHERTY: What do you mean by .... MS. MCKASTY: With the redraft of this as it stands, you can't take more than 10 bushels of mussels in Southold township. COUNCILWOMAN DOHERTY: We are just making the law consistent with the other shellfish, that is what the Trustees are proposing. MS. MCKASTY: I see. Okay. And you have stricken blue claw crabs out of one of these paragraphs and put it in another. COUNCILWOMAN DOHERTY: Yes, because it was under shellfish and blue claw crabs are not shellfish. So we took it out of that category. MS. MCKASTY: Okay. Now what is, I didn't look it up in the dictionary sorry, what is marine biota? COUNCILMAN KRUPSKI: Anything else that lives in the marine environment. MS. MCKASTY: So that is starfish? Amendments to Chapter 219 6 January 3, 2012 COUNCILMAN KRUPSKI: Yes. MS. MCKASTY: Flounder? No. COUNCILMAN KRUPSKI: Yes, I guess you consider flounder, any kind of fin fish or shellfish. MS. MCKASTY: Mmhmm. The one good thing I think is here that you say should not be done is powering any kind of clam because at least 10 years ago there were people out in Hallock's Bay powering soft clams constantly and there are not many sofi clams left out there anymore. So those are my concerns. Perhaps a paragraph should be put into this law saying that no dredging or at levels of high or low water, 4 foot or less. That might help and maybe you should concern yourself with trying to get perhaps a harvest of scallops out of Hallock's Bay come March, because that is a definite possibility. SUPERVISOR RUSSELL: I would, just to clarify one thing, what we are merely doing in this is we are striking from a code a prohibition in Hallock's Bay. The Trustees still have all of the authority they have to establish limits. Suggestions such as the 4 foot depths and all of that, that's all under the bailiwick of the Trustees. MS. MCKASTY: I know. SUPERVISOR RUSSELL: They can actually do that. I would strongly recommend that you bring your suggestions to the Trustees for their consideration. MS. MCKASTY: Well, there is a Trustee here today, I think and hopefully he has heard what I have to say. Right? Okay. I was not going to call my neighbor because I don't think I should bother my neighbor at his house. So that is what I have to say and thank you for thinking about that. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on this particular? Jim? JIM K1NG, PRESIDENT SOUTHOLD TOWN TRUSTEES: Jim King from Mattituck, commercial lobster fisherman and also on the Board of Trustees. There are state regulations, we have size limits on scallops, you said they were quarter size, there is no way they would be harvested t his year. They don't grow that fast. This was an area that was closed down, in hindsight it should have been done through resolution by the Trustees because we don't have to go through this huge process to change it. This was an eelgrass restoration program that was a failure. It did not work. By reopening this area, people can go in and harvest, not just the commercial fishermen, it is not just the Amendments to Chapter 219 7 January 3,2012 scallopers, a lot of people like to go down to the beach, take some steamers, take some hard clams and enjoy themselves for the day. this whole area was dosed down to all of that. it wasn't just scalloping. So I think we should reopen this area. If we need to set aside an area to restrict it for any other programs, the Trustees can very easily do it through a resolution. I am a finn believer in the KISS principal. We just keep things simple. That is all I have to say. You have got to understand that some of your suggestions can only be done in town waters because there are state regulations also, go inside Shinnecock Bay, out in the Bay, that is all state waters. MS. MCKASTY: I know. I know. MR. KiNG: Okay. MS. MCKASTY: Inaudible. SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? (No response) COUNCILWOMAN DOHERTY: Subject to comment from the Planning Board. MS. MCKASTY: What is the next step now? SUPERVISOR RUSSELL: We actually are closing the hearing this evening subject to any written suggestions and recommendations. We will probably take the issue up for vote in two weeks, at the Town Board meeting two weeks from tonight. This hearing was closed at 4:53 PM ~Eli~tbeth A Nexill(~e' ~ Southold Town Clerk ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 26, 2012 Express Mail EM390736655US Local Law No. 2 of 2012 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commeme Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 2 of 2012 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney RESOLUTION 2012-89 ADOPTED DOC ID: 7487 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-89 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 17, 2012: WHEREAS there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6tn day of December, 2011, a Local Law entitled "A Loeal Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources' and WHEREAS the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 3rd day of January, 2012 at 4:32 p.m. at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2 of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the purpose and intent of these amendments to provide for the proper use and regulation of shellfish and underwater lands and to protect the natural resources of the Town, thereby promoting the general health, safety and welfare of the residents of the Town of Southold and the public at large. II. Chapter 219 of the Code of the Town of Southold is hereby amended as follows: §219-4 Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). 'Resolution 2012-89 Board Meeting of January 17, 2012 MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels and mussels and other marine biota. SHELLFISH - Clams, scallops, oysters, b!u: claw crabs, and mussels. {}219-9 Clams. C. Churning by power may not be employed in the taking of clams tide4~.-in Town waters. {}219-12 Mussels. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by any one person ~' ......................... :-~ +~ ..... ~-~-, §219-16 Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and notices posted by said Board of Trustees. §219-23 Coordination and enforcement. The [h~-to~ Office of Code Enforcement and/or- the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter, and have the authority to issue violations of the provisions of this chapter. III. SEVER_ABILITY 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 affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Updated: 1/23/2012 11:23 AM by Lynda Rudder Page 2 ' R~soiution 2012-89 Board Meeting of January 17, 2012 Southold Town Clerk RESULT: ADOPTED [5 TO 1] MOVER: Jill Doherty, Councilwoman SECONDER: Albert Krupski Jr., Councilman AYES: Talbot, Doherty, Krupski Jr., Evans, Russell NAYS: William Ruland Updated: 1/23/2012 11:23 AM by Lynda Rudder Page 3 Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY~ 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. [] County [] City [] Town of [] Village SOUTHOLD Local Law No. 2 of the year 2012. A Local Law entitled, A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources. Be it enacted the Town Board of the: [] County [] City [] Town of [] Village SOUTHOLD I. Purpose. It is the purpose and intent of these amendments to provide for the proper use and regulation of shellfish and underwater lands and to protect the natural resources of the Town, thereby promoting the general health, safety and welfare of the residents of the Town of Southold and the public at large. II. Chapter 219 of the Code of the Town of Southold is hereby amended as follows: §219-4 Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels, mussels and other marine biota. SHELLFISH - Clams, scallops, oysters, and mussels. §219-9 Clams. C. Churning by power may not be employed in the taking of clams in Town waters. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rcv 05/05) §219-12 Mussels. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by any one person. §219-16 Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and notices posted by said Board of Trustees. §219-23 Coordination and enforcement. The Office of Code Enforcement and the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter, and have the authority to issue violations of the provisions of this chapter. III. 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 affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. 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.) 1 hereby certify that the local law annexed hereto, designated as local law No. 2 of 20 12 . of the (Czxn?d)(C!.~')(Town) (V~2zg:) of SOUTHOLD was duly passed by the TOWN BOARD on Januar~ 17 ,20 12 , 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 approvedXre-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)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approvedXrepassed 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 was (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, lfthere 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. 3 5. (City local law concerning Charter revision proposed by petition.) I 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.) 1 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 of a 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. (SeaO Clerk of the County legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: January 23~ 2012 (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 1, the undersigned, hereby certify that the foregoing local law contains the o~o~o~ext and~t at all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ~ Signature ~ Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of $OUTHOLD Date: January23,2012 #10498 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 1 week(s), successively, commencing on the 22nd day of December, 2011. Sworn to before me this Principal Clerk LEGAL NOTICE NOTICE OF PUBIAC HEARING NOTIC~ L5 il~I~BY GIVg~ there has been presemed to t~e Town Board of the Town of Sou~hold, Suffolk Colmty, §~190.3 Coordbafioe and New York, on tl~ 6th day, o~ December, I 2011'aL°calLawe~fitl~d~I merit in relatins to Anmmhne~s to Clmutee The~recMr~fi~of Code Enforc~- 219. Shellfish and Other ~ i~- i merit and/or thc Bay Constable are re- aomx'~" and I sponsible for coordination and enforce- Gi~O'~I tCffat 'St be~ ,~oRE~B~oarFUdR o flORc Town of Southold ~ hold a public heating on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southdid, New York, on the 3rd day of January, 2012 at 4:32 pan. at which time all interested persons will be given an opportunity to be heard. Local Law ia ment of the provisions of this chapter, and have the authority to issue violations of the provisions of this chapter. m. 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 shah not affect the validity of this law as ,a whole or any part thereof other than the part so dacided ua be unconatlUai~m. al or invalid. '~C H RiS'TINA VOLINSk~ NO1'ARy PUBLIC-SiATE OF NEW YORK No. 0!-V06105050 Qualif[ea in SuHoik Courtly PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED To: From: Date: Re: MEMORANDUM Elizabeth A. Neville, Town Clerk JAN 10 2012 Souf,%ld To~n Clerl~ Donald Wilcenski, Chairman, Planning Board U k~/k ~ January 10, 2012 A Local Law in relation to Amendments to Chapter 21g, Shellfish and Other Marine Resources of the Code of the Town of 8outhold Thank you for the opportunity to provide comments on the proposed amendments to the Town Code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes. CC: Scott Russell, Supervisor Members of the Town Board Town Attorney MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@towmsouthold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM RECEIVED JAi~ 1 2 2012 To: From: Date: Subject: Ms. Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney January 12, 2012 LUAmendments to Chapter 219 - SEQRA $outhold To~n C!erk For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Scott to sign same. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures ,t,.20 ORIGINAL Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by AI)plicant or Project Sponsor) 1, APPLICANT/SPONSOR /2. PROJECT NAME Town of Southold / "A Local Law in relation to Amendments to Chapter 219" 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/aiteration 6. DESCRIBE PROJECT BRIEFLY: "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources" 7. AMOUNT OF LANDAFFECTED: Initially [~A acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] ParldFomst/Open Space [] Other Describe: NA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: The New York Department of State 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, ~ist agencyls) name and permit/approvals: NA 12. I CERTIFY THA~T~HE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: To~=~l/S0~tholdT/~nBoard.~,~~./~,.~...~,~/l~./~,,.~ -'// Date: 1/3/20]! Signature: 5/,"r-,~,~ ~ f If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER ' fPART II - IMPACT ASSESSMENT (To be completed by Lead Agency) DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? ff yes, coordinate the review process end use the FULL EAF. ['-'~ Yes r~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. I--lYes []Ne C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None 03. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goa~s as officially adopted, or a change in use or intensity of use of land or other natural reseurces? Explain briefly: None CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1 -C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly; A positive impact will result in the continued management of marine biota populations· E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadverseeffectidenti~edab~ve~determinewhetheritissubstantia~~~arge~imp~rtant~r~therwisesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irmversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting ma~rials· Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed· If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA· ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on tt',e information and analysis above and any suppontng documentation, that the proposed action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessaPJ, the reasons supporting this determinatior Town of Southold Town Board Name of Lead Agency Scott Russell ~ Pfin~~Agency "~ Signature 6f Re~ponsiMe Officer ~n Lead Agency 1/3/2011 Dele Supervisor · Signatur~yreparer (If diffe~nt fr~sponsible officer) RESOLUTION 2012-66 ADOPTED DOC ID: 7462 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-66 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 3, 2012: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Chapter 219~ Shellfish and Other Marine Resources" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the Short Environmental Assessment Form prepared by Mark Terry, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and determines that this action is exempt from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell ~ MARTIN D, FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Ms. Sandi Berliner Lynne Krauza Secretary to the Town Attorney December 13, 2011 LL/Amendments to Chapter 219 - SEQRA JAN 6 2012 I am enclosing an original Short Environmental Assessment Form in connection with the referenced matter. A copy of the resolution authorizing Scott to sign this document is also enclosed. In this regard, kindly have Scott sign this form in both places where indicated and return to me for processing. Thank you for your attention. If you have any questions, please do not hesitate to call me. /Ik Enclosures ~ cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 12. PROJECT NAME Town of Southold /"A Local Law in relation to Amendments to Chapter 219" 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Jurisdictional limits of thc Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources" 7. AMOUNT OF LANDAFFECTED: Initially .NA acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY V~qTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN V,CINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: NA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes --I I No If Yes, list agency(s) name and permit/approva[s: Thc New York Department of State 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? F-'[ Yes ~"~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Town of Southold Town Board Date: t/3/20l ! Signature: I If the action is in the Coastal Area, and you are a sta.t.e ag.ency, complete the I Coastal Assessment Form before proceeding w~th this assessment I OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. r-]Yes ~lNo B. VVILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, e negative declaration may be superseded by another involved agency. E~] Yes ~1No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, sun'ace or groundwater quality or quanfity, noise levels, existing traffic pettsm, so~id waste production or disposal, potential fo~ erosion, drainage or flooding Ixoblems? Explain beefiy: None C2. Aesthetic. agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefiy: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth. subsequent development, or related activities Iii(ely to be induced by the proposed action? Explain bdetiy: None C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain beery: A positive impact will result in the continued management of marine biota populations. E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bdetiy: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadverseeffectidenti~edab~ve.determinewhetheritissubstantia~iarge'imp~rtant~r~therwiansignificant. Each effect shou~l be assessed in connection with its (a) setting (i,e, urban or rural); (b) probability of occurring; (c) duration; (d) irmvereibility; (e) geographic scope; and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental charactedstica of the CEA. ] Check this box if have identified adverse which MAY Then proceed directly to the FULL you one or more potentially large or impaots EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, thet the prepseed notion WI LL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board Name of Lead Agency Scott Russell Pdnt or Type Name of Responsible Officer In Lead Agency Signature of Responsible Officer in Lead Agency 1/3/2011 Date Supervisor .r' Signatur~'2Prepo rer (If different fr,'~'/'r~sp°n sible °ffleer) RESOLUTION 2012-66 ADOPTED DOC ID: 7462 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-66 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 3, 2012: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Chapter 219, Shellfish and Other Marine Resources" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the Short Environmental Assessment Form prepared by Mark Terry, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and determines that this action is exempt from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell DEPARTMENT OF PLANNING Town of Southold P.O. Box 1179 Southold, New York 11971 ATT: Elizabeth Neville, Town Clerk COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE January 3, 2012 SARAH LANSDALE, AICP DIRECTOR OF PLANNING RECEIVED JAN 9 2012 Applicant: Zoning Action: Public Hearing Date: S.C.P.D. File No.: So~thok~ Town Clerk Town of Southold Amendment: Chapter 219 "Shellfish and Other Marine Resoumes" January 3, 2012 SD-I 1-LD Dear Ms. Neville: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planni~ng~ - ..... Andrew P. Yreleffga.~ Chief Planner AA:aa LOCATION MAILING ADDRESS H LEE DENNISON BLDG. - 4TH FLOOR P O. BOX 6100 (631) 853-5191 100 VE/ERANS MEMORIAL HIGHWAY I-IAUPPAUGE, NY I 1788-0099 TELECOPIER (631 ) 8534044 RECEIVED SUMMARY OF LL/AMENDMENTS TO CHAPTER 219 "SHELLFISH AND OTHER MARINE RESOURCES" THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS AFTERNOON'S PUBLIC HEARING AMENDS CHAPTER 219 ENTITLED "SHELLFISH AND OTHER MARINE RESOURCES". THIS LEGISLATION REVISES THE DEFINITIONS OF SHELLFISH AND MARINE RESOURCES TO BE CONSISTENT WITH INDUSTRY VERBIAGE. THE AMENDMENT LIFTS THE RESTRICTION OF TAKING SHELLFISH FROM HALLOCK'S BAY. ANY FUTURE RESTRICTION WILL BE DONE BY RESOLUTION OF THE TRUSTEES. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6th day of December, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources" 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 3rd day of January, 2012 at 4:32 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 Amendments to Chapter 219~ Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the purpose and intent of these amendments to provide for the proper use and regulation of shellfish and underwater lands and to protect the natural resources of the Town, thereby promoting the general health, safety and welfare of the residents of the Town of Southold and the public at large. II. Chapter 219 of the Code of the Town of Southold is hereby amended as follows: {}219-4 Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels an~ mussels and other marine biota. SHELLFISH - Clams, scallops, oysters, ~, and mussels, per4-wiv. M~, {}219-9 Clams. C. Churning by power may not be employed in the taking of clams on !and be!o',;' thc high4ide4ine-in Town waters. §219-12 Mussels. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by any one person. ~ §219-16 Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Tz',:.~ Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and notices posted by said Board of Trustees. §219-23 Coordination and enforcement. The ~ Office of Code Enforcement and/o~ the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter, and have the authority to issue violations of the provisions of this chapter. IlL 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 affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: December 6, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON December 22, 2011, 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 TC's Bulletin Board Trustees Town Board Members Accounting Dept. Bay Constables/PD Town Attorney Web site Code Enf DECEMBER 22 AND DECEMBER 29, 2011 I SUFFOLKTIMES.COM LEGAL NOTICES LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to thc Town Board of the Town of Southold, Suffolk County, New York, on the 6th day of December, 2011,a Local Law entitled "A Local Law in relation to Amendments to Chanter 219. Shellfish and Other Marine Re- Sources" 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 3rd day of January, 2012 at 4'.32 p.m. at which time all interested persons will be glvcn an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chanter 219. Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chanter lEGAL NOTICES CONTINUED FROM PAGE 32A ral resources of the Town, thereby pro- moting the general health, safety and welfare of the residents of the Town of Southold and the public at large. Il. Chapter 219 of the Code of the Town of Southold is hereby amended as follows: §219-4 Definitiong Unless otherwise exoresslv stated, the followine terms shall, for the oumose of this Chapter. have the meanines as here in defined. Any word or term not noted below shall be used with a meanina as defined in Webster's Third New Inter- national Dictionary of the English Lan- auaae, unabridged (or latest editionk MARINE RESOURCES Blue claw crabs, horseshoe crabs, eels and mussels gild other marine biota. SHELLFISH - Clams, scallops, oys- §219-9 Clams. C. Churning by power may not be employed in the taking of clams an land §219-12 Mussels. B. Not more than 10 bushels of taus sds may be taken from Town waters for commercial purposes in one day by any 219. Shellfish and Other Marine Re- BE IT ENACTED by the Town Board of thc Town of Southold as follows: L Purpose. It is the purpose and intent of these amendments to provide for the proper use and regulation of shellfish and un derwater lands and to protect the natu- LEGALS I PAGE42A §219-23 Coordination and enforce- The Dir,~ctc. z Office of Code Enforce- ment and/or the Bay Constable are re- sponsible for coordination and enforce- ment of the provisions of this chapter, and have the authority to issue violations of the provisions of this chapter. III. SEVERABILI~Y 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 affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitution- al or invalid. IV. EFFECTIVE DATE This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: December 6,2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk t 0,498-1T 12/22 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Somhold, New York being duly swom, says that on the Z~ ~a"day of_/O.e.~_., , 2011, 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. Re: PH Chapter 219 1/3/12 Sworn before me this /.,x day of ,~2,cd.- ,2011. Notary Pul~lic t LINDA J CooPER NOTARY pUBLIC, State of New York NO. 01CO4822563, Suffolk County, Term Expires December 31, 20~ :~N, ~,2012 i!:50AM NO, B?(/ ?, ~ OFFICE iX)CAI'ION: Town Hail 54375 State Route 25 cot. Main Rd. & ¥oungs Ave.) Southola, NY 11971 IVIAILINGADDRESS: P.O. Box 1179 Southold, NYl1971 Telephone: 6Sl 765-1938 Fmx: 631 755.3136 LOCAL WATERFRONTREVITALIZATION PROGRAM TOWN OFSOUTHOLD MEMORANDUM Supervisor Scott Russell Town of Southold Town Board FrOm: Mark Terry, Principal Planner LWRP Coordinator Date: January 3, 2011 Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and therefore is ¢ON$1$TENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney ~11,,"03/2012 12:04 631-053-4044 S C PL~,NING DEPT P~,GE 01 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE SARAH LANSDALE, AICP Director of Planning To: Date: Lyrme Krauza Town of Southold Attorney's Office F: (631) 765-6639 · , Ehzabeth A. Nevlll , Tow~ Clerk Town of Southold Clerk's Office F: (631) 765-6145 Andrew Amakawa SC Planning Department ~3~2012 Amendment: Chapter 219 "Shellfish & Other Mgine Resources' YOU SHOULD RECEIVE 2 PAGES INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (631) 853-.5191. Message: Dear Ms. Krauza & Ms. Neville: As requested, please see a copy of the attached determination letter regarding the above captioned subdivision referral. If you have any additional questions, do not hesitate to contact this office. Best, Andraw Amakawa H. Lee Dennison Building, 100 Veterans Memorial Highway, Hauppauge, New York 11788 T: (631) 853-5191 · F: (631) 853-4044 ~-i.U~,, ~81~ 1-o:84 631-853-4844 $ C PLANING DF'PT PAGE Fi2 COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING SARAH LANSDALE, AICP DIRECTOR Of PLANNING January 3,2012 Tovm of Southold P.O. Box 1179 Southold, New York 11971 ATT: Elizabeth Neville, Town Clerk Applicant: Zoning Action: Public Hearing Date: S,C.P.D. File No.: Town of Southold Amendment: Chapter 219 "Shellfish and Other Marine Resources" January 3, 2012 SD-I 1-LD Dear Ms. Neville: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director o~f ~ Chief Planner AA:aa IA, N~. 2012'11:50AM N0.370 P 1 G17.20 Appendix C State Environmental 9uality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Proiect Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME Tovm of Southold [ "A Local Law in relatio= to Araendments to Chapter 219" 3 PRO JECT LOCATION; Municipality $outhold County Suffolk PRECISE LOCATION (street address and road itlter~ections, prominent landmarks, sic,, or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSEDACTION IS: [] New [] Ezpsnsion [] Uodlflcati~nlalteration 6. DESCRIBE PROJECT BRIEFLY: "A Local Low in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources" 7 AMOUNT OF LAND AFFliCTED; Initially ,NA acres U~timately NA acres ~, W~LL PROPOSED ACTION COMPLY W~TH EXISTING ZONING OR OTHER EXJSTiNG LAND USE RESTRICTIONS? ~ Yes L] No If No, desc~be bdefly 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? [] Residential [] Indestdal [] Commercial Describe: N^ [] Agriculture [] PaddFomst/Open Spaca [] O[her DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNOING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes -- U NO If Yes, list agency(s) name and permit/approvals: The New York Deparl~etlt DOES ANY ASPECT OF THC ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? --L~ Yes .[~] No If Yes, list agency(s) name and permNappro',rals: AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r-"lYe, i CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appllaan{/$p~nsor name: Town of Southold To,am Board Da~; 1;3/201 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER ~ ~iAN, ~,2012-11:50AM NO.B?O P. 2 PART ti - iMPACT A~E$$MIENT (To be completed by Lead Agency) A, DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617,4? If yes. c~ordina~e the review process and use the FULL EAF, B. W~LL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTI~NS IN $ ~YCRR, PART 617 67 If No, a negative dedarabon may be superseded by another invol~d agency. C COULD ACTION RE, SULT tN ANY ADVERSE ~:FFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may be handwrilten, if legible) D1, Existing air quarry, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for emslon, drainage or flooding problems? E~aln btlefly: None C2. Aesthetic, agficufl~ral, ard~aeological, histedc, or Other natural or cufluml resources; o~ communi~ or neighborhood character? Explain briefly; Nou¢ D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CPJTICAL ~NVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes. explain briefly; A positive imp~:t will result in ~he continued manage'meet of marine bio~ populations. E, I$ THERF~ OR tS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART Ill - DETERMINATION OF SIGNIFICANCE Cio be completed by Agency) INSTRUCTIONS: For each adveme effect identJlied above, determir~e whether it is substaRtJal, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (I.e. urban or rural); (b) probabili~, of occurring; (c) duration; (d) ir~eversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations c~ntain sufficient detail m show that all I~levarlt adverse impacts have been identJfled and adequately addressed. If question D of Part II was checked yes, the determination of signifiCance must evaluate the potential impact of the proposed action on the envlronmental characteristics of the CE~,. EAF and/or prepare a posi§ve dedaratlon Town of Soutbeld To'~ Bo~rd Name ot Lea~ Agency Sco~ Russell SIgflatu~e of Responsible Officer in Lead Agen¢~ 1/3/'2011 Date Supervisor Page 1 of l Cooper, Linda From: Candice Schott[cschott@timesreview.com] Sent: Tuesday, December 13, 2011 2:13 PM To: Cooper, Linda Subject: RE: PH Notice Chapter 219 Shellfish Hi Linda, I have received the notice and we are §ood to §o for the 12/22 issue. Thanks! r~) Candice From: Cooper, Linda [mailto:LJnda.Cooper@town.southold.ny.us] Sent: Tuesday, December 13, 2011 12:5! PM To: tr-legals Subject= PH Notice Chapter 219 Shellfish Good Afternoon: Please confirm receipt of this legal notice of Public Hearing for the 12/22/11 edition of the Suffolk Times. Thanks Icoop 12/13/2011 Page I of 1 Cooper, Linda From: Cooper, Linda Sent: Tuesday, December 13,2011 12:51 PM To: Suffolk Times Legals Subject: PH Notice Chapter 219 Shellfish Attachments: Chapter 219 Shellfishdoc Good Afternoon: Please confirm receipt of this legal notice of Public Hearing for the 12/22/11 edition of the Suffolk Times. Thanks Icoop 12/13/201! Page 1 of 1 Cooper, Linda From: Sent: To: Cc: Subject: Attachments: Lloyd, Please post on Thanx Icoop Cooper, Linda Tuesday, December 13, 2011 12:54 PM Standish, Lauren; Flatley, Martin; Dzenkowski, Don; Reisenberg, Lloyd; Beltz, Phillip; Neville, Elizabeth; Norklun, Stacey; Woodhull, Ruthanne; Al Krupski (alkrupskitown@yahoo.com); Chris Talbot (christptal@yahoo.com); Louisa Evans (Ipevans@fishersisland.net); Russell, Scott; V Orlando (vincent.orlando@town,southoldny.us); W. Ruland (rulandfarm@yahoo.com); Andaloro, Jennifer; Finnegan, Martin; Krauza, Lynne Tomaszewski, Michelle; Cantrell, Elizabeth Legal Notice P H Chapter 219 Shellfish Chapter 219 Shellfish.doc the website. 12/13/2011 Page I of I Cooper, Linda From: Cooper, Linda Sent: Tuesday, December 13, 2011 12:54 PM To: Rallis, Damon Subject: Chapter 219 Shellfish Attachments: Chapter 219 Shellfish.doc 12/13/2011 Page 1 of 1 Cooper, kinda From: walter strohmeyer [wjstrohmeyer@optonline.net] Sent: Tuesday, December 13, 2011 10:34 AM To: Cooper, Linda Subject: RE: Annual Financial Update Dear Linda Cooper, Thank you so much for your prompt response to my request Walter Strohmeyer On Fri, Dec 9, 2011 at 12:26 PM, Cooper, Linda wrote: <<2010.pdf>> 12/13/2011 ELIZABE, TH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Martin Sidor, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: December 16, 2011 Re: Resolution Numbers 2011-828 & 829 "A Local Law in Relation to Amendments to Chapter 219, Shellfish and Other Marine Resources of the Code of the Town of Southold The Southold Town Board at their regular meeting held on December 6, 2011 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 4:32P.M., Tuesday, January 3, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Enclosure cc: Town 8oard ELIZABETH A. NEVILLE~ MMC TOWN CLERK REGISTIL~R OF VITAL STATISTICS MARRIAGE OFFICER i(ECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 16, 201:1. Re: Resolution Numbers 2011-828 & 829 "A Local Law in Relation to Amendments to Chapter 219, Shellfish and Other Marine Resources of the Code of the Town of Southold Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on December 6, 2011 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Board for their review. The date and time for this public hearing is 4:32P.M., Tuesday, January 3, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, ~Elizabe~[h A. Nevill2'~ Southold Town Clerk Enclosure cc: Town Board RESOLUTION 2011-828 ADOPTED DOC ID: 7397 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-828 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 6, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6t"day of December, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources" 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 3rd day of January, 2012 at 4:32 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 Amendments to Chapter 219~ Shellfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the purpose and intent of these amendments to provide for the proper use and regulation of shellfish and underwater lands and to protect the natural resources of the Town, thereby promoting the general health, safety and welfare of the residents of the Town of Southold and the public at large. II. Chapter 219 of the Code of the Town of Southold is hereby amended as follows: §219-4 Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). Resolution 2011-828 Board Meeting of December 6, 2011 MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels and mussels and other marine biota. SHELLFISH - Clams, scallops, oysters, blue ~ .... ~ ..... and mussels. -~':'":"~'~ ...... t,~ §219-9 Clams. C. Churning by power may not be employed in the taking of clams tide linc in Town waters. §219-12 Mussels. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one da any one person. T .... Ox" m~vr~ la ........... Iaj ,,s~ ......... §219-16 Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees and notices posted by said Board of Trustees. Eat ~,! §219-23 Coordination and enforcement. The Direc4o~ Office of Code Enforcement and/~- the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter, and have the authority to issue violations of the provisions of this chapter. III. SEVERABILITY lfany 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 affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Updated: 12/6/2011 2:10 PM by Lynda Rudder Page 2 Resolution 2011-828 Board Meeting of December 6, 2011 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot Updated: 12/6/2011 2:10 PM by Lynda Rudder Page 3 RESOLUTION 2011-829 ADOPTED DOC ID: 7399 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-829 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 6, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 219~ Shellfish and Other Marine Resources" to the Southold Town Planning Board and the Suffolk Count. Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot