HomeMy WebLinkAboutLL-1992 #12 LOCAL LAW NO. 12 1992
A Local Law in Relation to Permanent Moorings
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of.
Southold is hereby amended as follows:
Section 32-31 (Definitions) is hereby amended by deleting the existing
definition for Permanent Mooring as follows:
PERMANENT MOORING - :Fhe-~ecuri~9-~-~-~oet-~n-~--harbor-~n-~
sea so n a{.-or - a n n ua{-- bas ~ -~ y- mean ~-.o ,~--~'d~e- l~taei~n g -o ,~-a- ,~q-xe~- mu ~ h~oom
a neho~-~n-~e- ha ~bor-be~-em~
=
Section 32-31 [Definitions) is hereby amended by adding the following
definition for Permanent Mooring to read as follows:
pERMANENT MOORING An,/ of a number of different mechanical or
cable-like systems the intended purpose of which is to permit the
securing of a boat to a fixed location. Said system typically consists
of an anchorincj device (mushroom or other) which is placed on the
bottom of the harbor and is connected to a floatincj device (i.e. ball)
by cables and/or lines.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike indicates deletion
** Underscore indicates addition
RYS DEPARTNENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
ALbany, NY 12231-0001
DATE: 6/9/92
Local Law Acknowledgment
JUDITH T TERRY
TOWI~ OF SOUTHOLD
TOWN HALL 53095 MAIN ROAD
SOUTHOLD NY 11971
DOS-E'~6 (Rev. 6/90)
--I
_1
Town of Southold
LAW(S) NO.~YEAR FILING DATE
LOCAL
11 & 12 1992 6/5/92
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT Ol~ STATE
162 WASHINGTON AVENUE, 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.
~ .S._o. u _t.h_ _o_ M.
. v..# Of ............................................................................
Town
Local Law No .............. _1_2_ .................... of the year 1992.._
A local law .......-I--n---R--e- -I-a- -t-i-°- -n- --t--°---P--e--r- -m- -a--n-e--n--t- -M-- --°qr-i--n-9~- .................................. : ...........
Be it enacted by the ..................-T--°-~-P----B--°-a-E-d- ................................................... of the
[CZCZCZC-ZC~y.~ of ............................... .S..o__u._t_h..o_!.c! ............................................ } as follows:
Town
I. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of .Southold
is hereby amended as follows:
1. Section 32-31 (Definitions) is hereby amended by deleting the existing
definition for Permanent Mooring as follows:
PERMANENT MOORING - The securing of a boat in a harbor on a seasonal
or annual basis by means of the placing of a fixed mushroom anchor in
the harbor bottom.
2. Section 32-31 (Definitions) is hereby amended by adding the following
.- 'defini'tion'£or*:Permanen-t Mooring- to read.as follows:
PERMANENT MOORING - Any of a number of different mechanical or cable-
like systems the intended purpose of which is to permit the securing of
a boat to a fixed location. Said system typically consists of an anchoring
device (mushroom or other) which is placed on the bottom of the harbor
and is connected to a floating device (i,e, ball) by cables and/or lines,
Ii, This Local Law shall take effect upon its filing with the Secretary of State,
~f additional space is needed, attach pages the same size as this sheet, and number each.)
rx)s-~9 ~r~v. Tm; (1) '
(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 .............. .1_.2_ .................. of 19-9._2.,__
of the~~)(Town)~ of ............ ]$1}ull~lci ....................................... was duty passed by the
......... ~_~t~_~_~'_ .................... on .......-J.-u--n-e--L2- 19-9-2--, in accordance with the applicable provisions of law.
(2qame o~Leg~ladve Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. I9 ---, and was (approved)(not approved)(repassed after
(Name of Leglsla~ve Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... ,
f£1ec~ve Chief Exeaut~ve Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
t hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(C[ty)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
~Narne of Leglsladve Body)
disapproval) by the ............................................. :--- on ................... 19 .....~ Such local taw was submitted
(Elec~ve Chi~f Execuave O~cer*)
to the people by reason of a (mandatory)(permissive) ref'~rendu.m, and received the affirmative vote of a-majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---- , 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 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
(3lame of Le&Lsla~ve Body)
disapproval) by the .................................................. on .................. 19 ..... Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of ---: .............. 19---- , in
accordance with the applicable provisions of law.
*Eiective 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 ora city or village, or
the supe:'visor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
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 19- .....
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 of a majority of the
qualified electom of such city voting thereon at the (special)(general) election held on ................... 19 .... ,
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 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , 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 cit-
ies 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 therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ...... .'1. .... , above.
Clerk of t(t~ ~ounty legislative body, City, Town or Villa~Elerk
or officer designated by-local legislative body
Judith T. Terry. Town Clerk
(Seal) Date: June 3. 1992
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
coum'Y OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local[aw contains the correct text and that all proper proceedings
have been had or taken for the enactment of the loca lax~ nnex 'reto. _
Matthew G. Kiernan. Assistant Town Attorney
Title
c-~ of
Town
Southold
Date: June 3, 1992
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
June 2, 1992
4:32 P.M.
IN MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO PERMANENT MOORINGS".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Assistant Town Attorney Matthew G. Kiernan
SUPERVISOR HARRIS: The next public hearing of the eveining is a "Local Law
in Relation to Permanent Moorings". Judge Edwards will read proof of publication,
and verification of such.
JUSTICE EDWARDS: "Public Notice is hereby given that there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the
20th day of May, 1992, a Local law entitled, "A Local Law in Relation to Permanent
Moorings". Notice is 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,
Main Road, Southold, New York, on the 2nd day of June, 1992, at 4:32 P.M.,
at which time all interested persons will be heard. This proposed "Local Law
in Relation to Permanent Moorings" read as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 32-31 (Definitions) is hereby amended by deleting the
existing definition for Permanent Mooring as follows:
PERMANENT MOORING - T-he-se~u~'+n~l-~-a-boa~-i~-a-haFIm~r-~
a -sea sons+-oP-an n~d~l - bes+~ -b ¥- me~r~ -o f- -t-h~ ~I~ci nt]-iTf- e-(~-x~ed
2. Section 32-31 {Definitions) is hereby amended by adding the
following definition for Permanent Mooring to read as follows:
PERMANENT MOORING - Any of a number of different mechanical
or cable-like systems the intended purpose of which is to permit
the securinc~ of a boat to a fixed location. Said system typically
consists of an anchoring device (mushroom or other) which is
placed on the bottom of the harbor and is connected by a floating
device (i.e. ball) by cables and/or lines.
~ Pg 2 - PH LL Permanq'~X,,moorings ~)
Il. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike indicates deletion
** Underscore indicates addition
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: May 20, 1992. Judith T. Terry,
Southold Town Clerk." I have proof of publication from The Long Island Traveler-
Watchman on the 28th day of May, proof of publication on The Suffolk Times on
the 28th day of May, proof of publishing on the Southold Town Bulletin Board
on the 21st day of May. So readith.
SUPERVISOR HARRIS: Are there any members of the audience, who would like
to speak for, or against this Local Law change? (No response.) Hearing none,
I'll declare this public hearing closed.
"-Judith T Terry (_/
Southold Town Clerk
Note from Judith Terry, Town Clerk:
The following letters were received prior to this public hearing, copies distributed
to each member of the Town Board, and were in the file at the time of the public
hearing:
Letter from Civic Association Harbor Committee received by fax on June 2, 1992.
To: Southold Town Council. From: W.C. Ridgway, Chairman CAHC. Date: June
1, 1992. Subject: Proposed Changes to Permanent Mooring Definition. I am concerned
that the proposal to change the definition of a permanent mooring unnecessarily
expands the types of anchoring devices which would be permitted to be used as
permanent moorings. The present regulation specified "a fixed mushroom anchor",
and the new regulation reads "anchoring device (mushroom or other)". The
problem is, that because of the soft bottom, the only type of anchor that should
be used in West Harbor is a mushroom. Opening up the possibility of using other
materials as anchors greatly complicates the job of harbor management. The problems
of improper tackle in West Harbor were amply demonstrated during hurricane Bob,
where seven boats were damaged or lost. Please do not compound the issue of
attempting to insure consistant mooring tackle by creating the possibility of someone
using something other than a mushroom anchor for their mooring. Thank you
for your consideration. William C. Ridgeway.
Letter from Fishers Island Yacht Club, Inc., received by fax June 2, 1992.
Southold Town Council. Southold, New York. Dear Honorable Council Members:
The Fishers Island Yacht Club respectfully suggests that the proposed revisions
to "Local Law in Relation to Permanent Moorings" may be inadvisable as far as
West Harbor in Fishers Island is concerned. West Harbor is know for having a
soft harbor bottom. It is a well accepted rule that when using a permanent mooring
in the harbor with a soft bottom, a mushroom type anchor is the only anchoring
device that should be used. When the wind is out of the northeast, West Harbor
is exposed, and permitting a permanent mooring anchor other than a mushroom
Pg 3 - PH LL Permanent>]mooring
anchor could severely jeopardize the integrity of the moomng system in West Harbor.
During the last hurricane, most of the damage to boats was sustained as a result
of boats that had come off their moorings from other locations and came storming
through West Harbor damaging properly moored boats in their path. Therefore,
the Local Law that should be enacted with reference to West Harbor in Fishers
Island should specifically require a "mushroom anchoring device". Thank you
for your time and consideration. Sincerely, Laurence P. Rubinow.
Letter from Pirate's Cove Marine received'_by..fax on June 2, 1992.
Town Board. Town of 5outhold. Southold, NY. Re:. Proposed Local Law in Relation
to Permanent Moorings. Pirate's Cove Marine, Inc. has been servicing moorings
in West Harbor for the past 18 years. We are concerned with the terminology
used in describing the type of anchoring device required. The soft bottom in
West Harbor requires a mushroom anchor. Since 1938, extensive studies have
been made to determine adequate ground tackle required for safe moorage in
extreme conditions. Without exception, mushroom anchors have been determined
to be the only adequate anchoring device. The proposed change in the local law
opens up the possibility of a permittee placing any heavy device on the harbor
bottom. West Harbor has experienced many strong storms and unfortunately
vessels with inadequate ground tackle broke lose and inflicted severe damage upon
properly moored vessels. This was most recently experienced during Hurricane
Bob in 1991. We respectfully request that any amendment to the local law include
requiring a mushroom anchor. Thank you for your consideration. Reynolds
duPont, Jr., President Pirate's Cove Marine, Inc.
~ PUBLIC HEARING ,
PUBLIC NOTIC ; IS
~'~be~ presented to t~. Town:
Moorihgs." ~ '
NOTICE S
~GIVEN that ~he To~ Bo~
.;the To~n of Somhold t~ hold
~tHalL 3Main Road. ~uthol~, '
Ne~. ~brk. ou t~e Iud ~y of ..
~ing~" ~eadi as rollow~:
BE .IT ENAC~D.-by .~
!~and V,)ba~,.es) of C6d~
the Tow~ of Sou[hold is hereby
..amended ~ follovt~: ~,'
- I~$ection 32-31 tDelinitioMs)
~ Js,'hereby amended by deleting
Vhe-~Ssting defhaJdon for Per-
~manent Mooring as follows:
, pERS, UMN~ENT MOORING"
::22:Si~t{0fl. 32-31 (D~fifiifions)
~.; is hele~ mended byadding tli~,
.~"fol'lowingdeFmidon for Perma'-
(",:'nero Mooring to read ai
c pER. MANENT MOORING
: of a number of different,
'COUN I'Y OF SUFF(51~ ~
S'I'A'I'I:. OF NEW YORK
Patricla Wood,' being duly sworn, says that she is the
Editor, of THE I. ON.G ISLAND TRAVElER-WATCHMAN,
it public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
H.L5 heerl .pul)lishetl in said Long Islancl 'rrilveJ~:f-Willchm;lll
once cnch week /or'. .................... / .... weeks
~uccessively. commencing on the ........ --~:'9-d~ ~
da.y or. .... ,../. ....... .....
.c;\¥rll'll II1 heforc rlle IJlj,'i .- ................. cl;l')' of
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, Sl.~te o[ N~w York
No. 4806846
Qualified in SuUolk C0tjnty/
Comnrission Expires
!eft~ct:upon its fRing with
Secretary of State.
~]' Ot,ersrrike indicate~ &lei
~' aden. on: . -
~ 'Copies of this E°cal :Law rm:!
~ at:xi ab e in the Office ct the
[ perst;nstdfirmg buslneSs hour_~
~ D..~r~D: May 20. [992. .
[ ?i,~.i ~i-~-: JUDITH
LEGAL NOTICE
NOTICE O¥
pUBLIC HEARING
ON LOCAL LAW
PUt~LIC NOTIC£ IS
to th~ Town Board of the Tovtn of
~ou~hold, $~ffolk Court,
¥orlq on ~he ~kh day of May, 199~,
a Local Law ~nff~/~..d, "A Loca~ Law
NOTICE IS FURTHER GU?EN
that tim Town Board of the Tov~ of
Somhold ~ hold a public he.ring
Sou~ofd Town Hall, M~ Road,
Southolcl. New York, on ~a 2nd day
of June, 1992, at 4;32 P2~I.. at
Tl~s proposed e~Local Law in
Relation to Permanent Moorings'
~ds ~s follows:
Board of the Town of Southc~d as
I. Chapter 32 (Boats, Docks and
Wharves) of the Code of t~ Town
follows:
1. Section 32-31 (Def~nkions) is
} SS:
COUNTY' OF S~,J~-~OLK]
C~ O ffl~-Cl M of Mattituck, in
s~d ~W, bci~ d~y s~m, sa~ ~at he/she
~ P~ctpal Clerk of THE SWFOLK TIM~, a
Wee~y Ne~pa~r. pub~shed at ~ttit~k, in
~e To~ of Southold. County of Suffolk and
S~te of N~ York, ~d ~at ~e Nofi~ of which
~ ~n~d ~ a p~t~ cop~. h~ b~n ~-
ly p~lished ~ ~ Ne~pap~ once ~ch
for ] wee~ suc~sslvely, co~en~ on
dar of
/,'
da~of ~~9 ~L '