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HomeMy WebLinkAboutTOR RES 312 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer May 7, 2012 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on May 1, 2012 Res. #312- CLASSIFIES ACTION AND DECLARES LEAD AGENCY ON PROPOSED AMENDMENT OF CHAPTER 106 OF THE RIVERHEAD TOWN CODE (WATERWAYS) ON USE OF GAS ENGINES ON THE PECONIC RIVER AND CALLS PUBLIC HEARING If you have any questions, please call Carol Del Vecchio at 631-727-3200, iExt 262, or Diane Wilhelm at Ext. 260 Sincerely, Diane M. Wilhelm Town Clerk 200 Howell Avenue - Riverhead, New York 11901~ (631)727-3200 Ext. 260 ~ Fax (631)208-4034 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer May 4, 2012 We would appreciate your signing this letter acknowledging receipt of this Resolution and returning it to the Office of the Riverhead Town Clerk. (Resolution# 312 from Town Board Meeting 5.1.12) Sincerely, Diane M. Wilhelm Town Clerk Signature: DW:cd date: ~'//~,'/~ D 200 HoWell Avenue ~ RJverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 05.01.12 ADOPTED 120312 TOWN OF RIVERHEAD Resolution # 312 CLASSIFIES ACTION AND DECLARES LEAD AGENCY ON PROPOSED AMENDMENT OF CHAPTER 106 OF THE RIVERHEAD TOWN CODE (WATERWAYS) ON USE OF GAS ENGINES ON THE PECONIC RIVER AND CALLS PUBLIC HEARING Councilman Wooten offered the following resolution, which was seconded by Councilman Gabrielsen WHEREAS, the Town of Riverhead is endowed with a wide variety of natural resources which are integral to the Town's long term health, safety, economic vitality and its very identity, and WHEREAS, among these resoumes is the Peconic River from which the Town takes its name and whose environs are well documented for exceptional and rare habitats supporting a number of threatened, endangered and special concern species, for a recreational freshwater fishery of regional significance and for other important public uses, and WHEREAS, numerous statutes and initiatives have recognized these resoumes and values and have set forth policy and processes for their protection including New York's Department of State initiative of designating the river as a Significant Coastal Fish and Wildlife Habitat within which designation narrative is a recommendation for controlling the use of motorized vessels due to impacts on habitat and fish and wildlife populations with control examples including zones of exclusion, and WHEREAS, The Town of Riverhead Waterways Ordinance (Chapter 106 of the Town Code) has already invoked a measure of such control in Section 106-8 I. by limiting use of gas motors to 10 horsepower or less west of the Grangebel Park dam which is coterminous with the non tidal (freshwater) portion of the river and the DOS habitat designation, and WHEREAS, the Town, in recognition of the increasing level of public access and use, now desires to impose a greater level of control by amending the subject passage to an exclusion of gas engines in this area; which is felt will have the desired protective effect while not bnduly restricting public use, and WHEREAS, the Riverhead Planning Department has recommended by SEQR Memo of April 27, 2012 that the amendment be considered aType II JBH/Planning Page 1 5/1/2012 action pursuant to 6 NYCRR Part 617.5(c)(20)&(27) and that agency SEQR responsibilities end with this designation with no determination of significance being necessary and further that the Riverhead Town Board is the sole involved agency for SEQR purposes, and WHEREAS, the Town now wishes to proceed with the requisite public hearing on the amendment, now THEREFORE, BE IT RESOLVED, that the Riverhead Town Board declares itself to be the lead agency for the amendment of Chapter 106, Section 106-8 I. of the Town Code which it classifies as a Type II action for the purpose of SEQR compliance, and BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to forward a certified copy of this resolution to the Planning Department, the Town of Brookhaven and the office of County Legislator Edward Romaine, to refer the proposed code amendment to the Suffolk County Planning Commission and to publish and post the following notice of public hearing in the May 10th, 2012 issue of the Riverhead News Review, and BE IT FURTHER RESOLVED, that all Town Hall departments may review and obtain a copy of this resolution from the electronic storage device and a certified copy from the Town Clerk if needed. THE VOTE Giglio [~;~Yes [--]No Gabrielsen [5~Yes i-]No Wooten[5~Yes [-]No Dunleavy []Yes l-]No Watter[~]Yes [-1No The Resolution Was [] Thereupon Duly Declared Adopted JBH/Planning Page 2 5/1/2012 TOWN OF RIVERHEAD NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public headng will be held before the Town Board of the Town of Riverhead at Town Hall, 200 Howell Avenue, Riverhead, New York on June 5th, 2012 at 2:15 PM to consider a proposed local law to amend Chapter 106 of the Riverhead Town Code entitled, "Waterways" as follows (text to be deleted stricken through, new text underlined): §106-8. Speed; reckless operation. I. No person shall use a boat equipped or operated with a.~, outboard ........................... ~, ..... a flas motor on the Peconic River, west of the dam in Grangebel Park. Dated: Riverhead, New York May 1st, 2012 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD Diane Wilhelm, Town Clerk JBH/Planning Page 3 5/1/2012