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