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HomeMy WebLinkAboutLL-1994 #03 LOCAL LAW NO. 3 . 199~ A Local Law in Relation to Mooring Permits BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of Southold is hereby amended as follows: 1. Section 32-39.3 (Mooring Permits) lis hereby added to read as follows: The Town of Southold permits the installation of moorings for boats in specified locations of'i Town waters. The use of moorings has increased to such an extent that the number of moorings have begun to impair the fragile marine environment in the surrounding Town waters. The Town Board therefore declares it to' be the policy o~ the Town to restrict and regulate the issuance of moorih~l permits as described herein. B. Resident Mooring permit. A resident moorincj permit shall be issued by the Town Trustees to all persons who are qualified residents of the Town of Southold. Persons applyin9 for a resident mooring permit shall be requested to sic. In an application in affidavit form and submit for inspection one of the followin9 as proof of residence: a. A valid tax receipt Stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. b. A valid motor vehicle registration in the name of the applicant and to an ~ddress located within the Town of Southold or to an 'address corresponding to the address of a validated tax receipt stub for the current tax year for lany taxable real property within the Town of Southold affixed to the application. Such other proof of ~esidence as is satisfactory to the Town Trustees- The Town Trustees shall inspect such application to determine that the applicant is a qualified resident of the Town. Upon approval, of the application, resident mooring permit stickers shall be issued. One sticker shall be placed on the moorincj and one sticker shall be placed on the boat secured to said mooring. II. C. Lessee mooring permit. A lessee mooring permit shall be issued by the Town Trustees to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in Section 32-39B hereof. Persons applying for a lessee mooring permit shall present an application in affidavit form, signed by the lessee and the owner of the property, settin9 forth:' a. The location of the leased or rented property. b. The persons occupying the same. c. The term of such tenancy. Upon a determination by the Town Trustees that the applicant is entitled to a lessee mooring permit, such permit stickers shall be issued and affixed to the mooring and boat in the same manner as provided for resident permit stickers· Section 32-39.t~ (Moorings without a permit) is hereby added to read as follows: No person shall install or use a mooring in Town waters without a mooring permit issued by the Board of Trustees of the Town of Southold. Any mooring without such a permit shall be removed upon notice from the Southold Town Trustees or its designated agent, which notice shall be by written notice posted on the mooring and on any boat attached to said mooring. If such mooring is not removed by the owner within thirty (30) days after the posting of said notice, the Southold Town Trustees or its designated agent may direct the removal or destruction of the mooring and the cost of said removal, including storage charges for any boats attached thereto shall attach to and shall become a lien upon said property, and said property may be sold, upon direction of the court, at public auction to defray said expenses, any surplus being returned to the owner of record. The Town shall not be liable for any damage done to said mooring or any attached boat during its removal, storage and 5ale. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions 1994 4/11/94 --I The above-referenced material was received and filed by this office as indicated. _l Additional local law filing forms will be forwarded upoh request. Local Law Filing NEW YORK STATE DEPARTMENT OF STATE t62 WASHINGTON AVENUE. ALBANY. NY 12231 (Use this form to file a local law with the SecreLary 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. i~yX Southold Town Local Law No ................_3 .................... of the year 19----9--t) locallaw In Relation to Mooring Permits (ln~n Title) Be it enacted by the ............... ..T._o.,_n_...B._o..a.r_.d. ...................................................... of the (Ns,nc of Lcgdsla~ Body) ~ of ......................... ._S.o..u..t_.h_o._l.d_ ................................................... as follows: Town Chapter 32 (Boats. Docks and Wharves) of the Code of the Town of Southold is hereby amended as follows: 1. Section 32-'39.3 (Mooring Permits) is hereby added to read as follows: The Town of Southold permits the installation of moorings for boats in specified locations of Town waters. The use of moorings has increased to such an extent that the number of moorings have begun to impair the fragile marine environment in the surrounding Town waters. The Town Board therefore declares it to be the policy of the Town to restrict and regulate the issuance of mooring permits as described herein. B. Resident Mooring permit. A resident mooring permit shall be issued by the Town Trustees to all persons who are qualified residents of the Town of Southold. Persons applying for a resident mooring permit shall be requested to sign an application in affidavit form and submit for inspection one of the following as proof of residence: A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. (If additional space is needed, attach pages the samo size as this shect, and number each.) Dos-~9 ~R¢~. ?/9~ : (1) £ A valid motor vehicle registration in the name of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. Such other proof of residence as is satisfactory to the Town Trustees. The Town Trustees shall inspect such application to determine that the applicant is a qualified resident of the Town. Upon approval of the application, resident mooring permit stickers shall be issued. One sticker shall be placed on the mooring and one sticker shall be placed on the boat secured to said mooring. C. Lessee mooring permit. A lessee mooring permit shall be issued by the Town Trustees to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in Section 32-39B hereof. Persons applying for a lessee mooring permit shall present an application in ~ affidavit form, signed by the lessee and the owner of the property, setting forth: a. The location of the leased or rented property. b. The persons occupying the same. c. The term of such tenancy. Upon a determination by the Town Trustees that the applicant is entitled to a lessee mooring permit, such permit stickers shall be issued and affixed to the mooring and boat in the same manner as provided for resident permit stickers. Section 32-39.4 (Moorings without a permit) is hereby added to read as follows: Ao No person shall install or use a mooring in Town waters without a mooring permit issued by the Board of Trustees of the Town of Southold. Bo Any mooring without such a permit shall be removed upon notice from the Southold Town Trustees or its designated agent, which notice shall be by written notice posted on the mooring and on any boat attached to said mooring. II. C. If such mooring is not removed by the owner within thirty 130) days after the posting of said notice, the Southold Town Trustees or its designated agent may direct the removal or destruction of the mooring and the cost of said removal, including storage charges for any boats attached thereto shall attach to and shall become a lien upon said property, and said property may be sold~ upon direction of the court, at public auction to defray said expenses, any surplus being returned to the owner of record. The Town shall not be liable for any damage done to said mooring or any attached boat during its removal, storage and sale. This Local Law shall take effect upon its filing with the Secretary of Sta~e, (Complete the certification in the paragraph that appll~ 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, desi~:nated as local law No .............. .3. ....................of 19-9-~--- of the co,~,,,e,~Cc'-~4~;Town~/~e~ of Southold ........... ........... was duly passed by the * " .... .... .......... .............. ' '' ' ._l__o_?__n___~__°_a____cl .......................... on---~--P-['-~-~ .... -' .... 19 ..... in accordance with the applicable prowstons of law. (Name o~ LegiMative 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, desienated 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 (Name ~ Legislative Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... , (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Finai adoption by 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 (Name of Legislative Body) disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted (Elective Chlef Executive to the people by reason of a (mandatory)(permissive) referendum, 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 lhe 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 (Name of LegiMalive 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. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- - wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ot:dlnances. (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 electors of such city voting thereon at the (special)(geneml) election held on ................... 19 .... , became operative. 6. (County local law c'oncerning 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.) (Seal) 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 tl~ounty legislative body, City, Tom or Village Cler~ or officer designated by local legislative body Judith T. Terry, Town Clerk Date: April 6, 1994 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) ST^~ oF ~ ~OL~ FO LK coLrNTy OF I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local lav~ annexed hereto. Signature ~ Laury L. Dowd, Town Attorney Title Date: April Southold 6, 1994 (3) PUblIC HEARING IN THE MATTER OF A SOUTHOLD TOWN BOARD APRIL 5, 199~ 8:05 P.M. PROPOSED "LOCAL LAW IN RELATION TO MOORING PERMITS". Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lize~vski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend. Jr. Councilwoman Ruth D. OlJva Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: The public hearings, the people who attend are invited to address the Board with up to ten minutes of comments pertaining to each matter brought to the hearing after it's been read. Joe. would you like to read the first one? COUNCILMAN LIZEWSKI: "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 22nd day of March, 1994. a Local Law entitled, "A Local Law in Relation to Mooring Permits". 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 5th day of April, 1994, at 8:05 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Mooring Permits" reads as follows: "BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 32 (Boats. Docks and Wharves) of the Code of the Town of 5outhold is hereby amended as follows: 1. Section 32-39.3 (Mooring Permits) is hereby added to read as follows; The Town of Southold permits the installation of moorings for boats in specified locations of Town waters. The use of moorings has increased to such an extent that the number of moorings have begun to impair the fragile marine environment in the surrounding Town waters. The Town Board therefore declares it to be the policy of the Town to restrict and regulate the issuance of mooring permits as described herein. Pg 2 - PH LL Mooring(,,X"rm i~-~, B. Resident Mooring permit. A resident mooring permit shall be issued by the Town Trustees to all persons who are qualified residents of the Town of Southold. Persons applying for a resident mooring permit shall be requested to sign an application in affidavit form and submit for inspection one of the following as proof of residence: A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. b. A valid motor vehicle recjistration in the name of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. Such other proof of residence as is satisfactory to the Town Trustees. The Town Trustees shall inspect such application to determine that the applicant is a qualified resident of the Town- Upon approval of the application, resident mooring permit stickers shall be issued. One sticker shall be placed on the mooring and one sticker shall be placed on the boat secured to said moorinq. C. Lessee mooring permit. A.lessee mooring permit shall be issued by the Town Trustees to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in Section 32-39B hereof. Persons applying for a lessee mooring permit shall present an application in affidavit form, signed by the lessee and the owner of the property, setting forth: a. The location of the leased or rented property. b. The persons occupyin9 the same. c. The term of such tenancy. .Upon a determination by the Town Trustees that th~ applicant is entitled to a lessee mooring permit, such permit stickers shall be issued and affixed to the mooring and boat in the same manner as provided for resident permit stickers. Pg 3 -LL Mooring Per.~. , Section 32-39.L~ (Moorings without a permit) is hereby added to read as follows: No person shall install or use a moorin~j in Town waters without a mooring permit issued by the Board of Trustees of the Town of Southold. ' I1. Any mooring without such a permit shall be removed upon notice from the Southold Town Teustees or its desicjnated agent, which notice shall be by Written notice posted on the moorincj and on any boat attached to said mooring. If such moorinc, i is not removed Dy the owner within thirty (30) days after the posting of said no~[ice, the Southold Town Trustees or its designated agent imay direct the removal or destruction of the mooring and the cost of said removal, including storage charges for any boats attached thereto shall attach to and shall become a lienlupon said property, and said property may be sold, upon direction of the court, at public auction to deft-ay said expenses, lany surplus being returned tn the owner of record. The Town Ish;ill not be liable for any damage done to said mooring or any attached boat during its removal, storage and sale. This Local Law shall take effect upon its filling with the Secretary of State. * Underscore represents additions Dated: March 22, 1994. Judith T. Terry, Sout~nold Town Clerk." have proof of publication in The Suffolk Times~ and The Traveler-Watchman. and on the Town Clerk's Bulletin Board. I have one communication. It's from the Board of Trustees. It says. Whereas the Sodthold Town Board of Trustees see the need to better organize the mooring over Trustee owned bottom, the following changes should not be construed as new policy, but merely represent a change in already existing policy. Whereas theresult in the zone change will benefit safety, and general welfare of Town residents using Town waters. Re solved that Town Board of Trustee request the iSouthold Town Board proceed without delay to amend the Code Chapter 32-13 Cdde change as requested. Pg. ~ - ~]5]9~ ..... ~' SUPERVISOR WICKHAM: Thank you. Joe. Are there any comments from the audience on the matter that's been brought to hearing? BOB ROTHMAN; My name is Bob Rothman. I live in Southold. I live on Jockey Creek. I have boats. My question is just academic to describe a mooring. Does a mooring consist of just a freely floating boat, or can a mooring consist of being tied along side the dock with spiles? SUPERVISOR WICKHAM: We've asked John Holzapfel if he could address this. because the Board has taken up this matter on behalf of the Trustees, who. have brought it to our attention. JOHN HOLZAPFEL: I believe, and that's the only way I can say it. is when you get a mooring application, it's also for an onshore-offshore stake, in other words, when you reapply each year for a new mooring permit, as part of that permit onshor~-offshor~e stakes are also considered that. The intention was to deal with the moorings in the creeks. I believe, and I'm really looking for an opinion, t think in the moo~ing process, when you apply for a mooring, some people have onshore-offshore stakes. COUNCILWOMAN OLVIA: He's talking about being tied to a dock. That doesn't apply. SUPERVISOR WICKHAM: The question . John. is it intent that these moorings shoutd be placed in the creek, in various places, or also required for those moorings right on a dock? JOHN HOLZAPFEL: No, not at ali. It's just a normal mooring process, that has been going on for years. In other words, each year if you have a mooring out in the creek, you apply, reapply each year for that mooring permit. What's happening, and just to give a background, is that in a certain creek, ten people might have legal moorings. Somebody comes in to add a mooring into the creek, and there are five or ten other moorings, that have never been registered. So, what we're trying to do is get a handle on who has legitimate registered moorings, versus people who put them out there, and haven't registered, so that everybody can get a share, a fair share at an opportunity for a mooring. Some of the creeks are starting to close. BOI~ ROTHMAN: I think I understand what you're saying, but I do also believe that there are two permits required, one for that type you're describing, and it's seems to me there's another permit, which is for a dock then? JOHN HOLZAPFEL: Yes. That's a whole different process, which this law has nothing to do with. The dock comes under the normal Wetlands. BOB ROTHMAN: That's a separate, and a different permit. nothing to de with that. Okay. that's what I thought, but I was defined clearly enough. and this has didn't think it SUPERVISOR WICKHAM: Thank you. Are there any other questions on this hearing? TOM SAMUELS: Tom Samuels. again. I don't know why the question of moorings is any business of the Town Board at alt. because as John very well knows. John is a Trustee for the ownership of the land on which these moorings are being posted. JOHN HOLZAPFEL: The legal process forces of us to allow the Town Board to present it to the public. TOM SAMUELS: Can I have an explanation of that process? In Southampton there's no such legal process. SUPERVISOR WI. CKHAM: Laury. would you like to? TOWN ATTORNEY DOWD: Certainly. In the Town of Southold it's always been the p~licy to have these ordinances adopted by the Town Board. and the Trustees have continued with that policy in Southold. and that is why this is being brought before the Town Board. TOM SAMUELS: I understand that. certainly, but it certainly hasn't always been the policy in the Town since the Town Trustees precede the Town Board by a century at least. It would seem to me that the Trustees should have sole jurisdiction, and they should not be affected by what the Town Board says, it's a philosophical question, really. Now. the Town Wetlands Law is another matter entirely, but with moorings you're on Town bottoms, which is owned by the Town's people. The Trustees are our representatives, our elected representatives. ~ know it's a small point, and I perceive to nitpick, but there's' been gradual, erosion of Trustee rights in alt the towns, and I am dedicated to the fact. that the Trustees retain those rights that they were granted by the King under the Patents. and they should not allow interference by the Town Board. or any other elected official. Now. it has come to past. and ~ encourage the Town Board to adopt 'the Town Wetland Ordinance. that the Trustee administer, and the Coastal Hazard regulations, which the Trustees administer to the town's benefit, unlike Easthampton. and Southampton. But. there should no intrusion of any kind on the Trustee's rights. I know that's not the intent of this legls[ation. I w0uld like to see the clock move backwards to the point where the Trustees had sole jurisdiction without the Town's interference. In this case I consider it inter~=erence, because in some way it defines the Trustee's responsi.bilities, and t don't think that's desirable. Thank you, COUNCILMAN TOWNSEND: There's no legal basis for this. but I do know that since the Town Clerk processes a ~ot of these applications, and takes the fees, and she basically works..I don't think she works for the pleasure of the Town Trustees. or they certainly don't have the administrative capacity to do. perhaps that's why the Town Board has traditionally done this, COUNCILWOMAN OLIVA: not the Town Board. It's the Trustees that drew up the legislation. Tom. TOM SAMUELS: [Tape change.) I think the Trustees' rights should be constantly, and militantly, and vigilantly, defended SUPERVISOR WICKHAM: Thank you. If I can just have word on this. I think this Board is more sensitive to exactly those principles of the Trustees than any Board. that I have served under. In fact. in anything, we have gone overboard in providing the Trustees with att authority, and the opportunity to do basically what they have come to us with. What you're basically suggesting is that there be two Code books, one for the Trustees. and one for the Town Board. If there were two Codes. and one for the Trustees. they would be enacting their own ru)es, and regulations. Unfortunately. there's just one book. and as things stand it is the Town Board's job to modify the Code at the present time. When the T~ustees came to u~. we held the necessary hearings, and that's what this is. in order to ~'ovide exactly scope that I think you're asking for. and that most of us want to the T[~ustees in this town. Are there any other comments? PHIL VANBOURGONDtEN: Phil VanBourgondien. I would just like to know if if there was any mention made in this Local Law in Cegards to the way the moorings are attached to the boats? Are they going to be singularly attached at the bow. or are they going to be attached fore and aft? The reason I ask that is because there's some very narrow creeks, and if the boat swings out on the changing wind it completely obstructs the channel for any deep water craft coming in or out. SUPERVISOR WICKHAM: Can we turn to the Vice-President of the Trustees? JOHN HOLZAPFEL: Just to respond, the reason we want this law in place is that when we've gone out to do just that. to find out whether we should have fore and aft moorings, or whether we should let them swing freely, there are moorings our there that don't belong, so what we have to do is find out what's there legally first, and then one of the things, that we're into is revising this whole plan of who's where, and how it's going to be set up. to allow most of the people to get the most use out of the bottom. Se. there's nothing in the law. that speaks specifically to moo~ing. It's going to come down to a plan eventually, that the Trustees are working on. and this summer is going, to be an inspection of what's out there, and try to get a sense of what legal, and what is there, so that some of the creeks that have closed, there are some that are filled up. We want to find out what we can do with that. and we would then try to devise a plan that would allow the best situation. Therets nothing in the Code, SUPERVISOR WtCKHAM: Any other observations about the proposed mooring permit system? Yes. sir? JIM RICH: Jim Rich. I live on Jockey Creek. I haven't read the whole thing, I must apologize. I mean the whole Code. I read this part of it. but when you apply for a dock. you have to advertise for a hearing, is that correct? JOHN HOLZAPFEL: Yes. JIM RICH: Okay. when you apply for a mooring, there is no hearing, is that correct? JOHN HOLZAPFEL: There is a decision. JIM RICH: I mean a hearing where the upland owner can appear, and will have notice that a mooring is being considered in front of his house. Is there a hearing of any sort. that that person will be advised of and can attend? I will tell you why. When A}vah Goldsmith was Chairman of the Board of Trustees. there are a few of you who remember that. whenever somebody applied for a mooring in front of your house, he or one of the Trustees would contact you. and say. do you 'object to this? The reason I'm asking is just because some people keep boats on moorings, and they don[t take care of the boats, and then. you know. if you know that. and the person has seen that last year. he has the right, or can object to that gUy having his mooring permit removed, and t think that the homeowner of the upland property should in some way be notified, because in a smart creek for one thing is. if you have a sail-boat. 'and you don~t take care of the hail'ions prope~ty, it makes a terrible lot of noise all night long. if there's any wind. and those are the kind of' thlngs, you know. you talk about protecting the health, welfare, of the citizens, those are the kinc~ of things that come to my mind when I th'}nk about these things. Thank you. JOHN HOLZAPFEL: Do you want a response? If f may. I think that's something that you could bring up with the Trustees. It doesn't have anything to do specifically with this law. In other words, the law itself doesn't deal with issue, but it is something that I will take back to the Trustees. and see what we can do about. SUPERVISOR WtCKHAM: That's the implementation of the law. Any other comments on this hearing? (No response.) If not. I declare it closed. ~/ ~Judith T. -ferry Southold Town Clerk an¥1tav.~l~'~eal ~rouert¥' : ,,viihi~ the T~u]n of ~ gouLh~,ld:~?dd:in the '<' ' ' oi~*~he aaali~ant and m in ;he Td~n ~i- g~utheld r ~E OF NEW YORK) e ...... t~ OF SUFFOLK) ON LOCAL LAmV PUBLIC NOTICE IS HEREBY GIVEN that there, has been presented to the Town Board of the Town of Southold, Suffolk Comlty, New York, _ of Mattituck, in .t County, being duly sworn, says that he/she Principal Clerk of THE SITFFOLK TIME~, a ~ekly Newspaper. published at Mattttuck, in ne Town of Southold, County of Suffolk und State of New York, and that the Notice of which ~he annexed is a printed copy. has been regular° ly published in said New~paper once each week C6rr~f~.t~ii~ac~r~. for ~_ weeks successively, c~o.mmencing on 2:Section'32:,39.4 ;(Mooiings. with- % ~d ~ .roUows: · - ' .. ,~the T~ o, f ~S~ulhold ~ *~' ~J~ ~{otar~ Pubhc~ State of B. An~ m~Hn~ ~i~om ~ch a ",.' ' Nv 50(~.~4 ~cip~ Clerk NOTICE OF puBLIC HEARING ' ON LOCAL LAW PUBLIC NOTICE IS HEREBY' GIVEN that there has been presented to the Towh Board:of the'Town of Southold, Suffolk County, New York,'on the 22nd day of , March, 1994, a Local Law en- titl~d/"A Eocal Law in Rela- tion to Mooring Permits." 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, N6w' York, on the 5th day of April, 1994, at 8:05 P.M., at which time ali inte~-ested pe[.s,~ns will be heard- This proposed "Local Law in RelatiOn to .Mooring Per- mits" reads as'follows: BE IT .F_ANAC?ED by the Tqv/n Board of the Town of Southold as follows: ~. Chapter 32'(Boats, Docks and Wharyes) of the Coda of the Town of Southold is hereby amended as follows: I: Section 32-39.3 (Mooting , Permits) is hereby added to read. as follows: . A. The Tov~n of Southold perm'it8 the installation of moorings :for boats in ' specified locations of Town . waters. The ttse of moorings that the nunmber of moorings ~.hm,e begun to impair the :,i.fragile marine environment in the surrounding Town waters. ~;The Town Board therefore ~!'declares it, to be the policy of ¢~the To~n. ,to resffic( and tl,l!idatc tilL' i~Mlanee qf tt, aol'- iai. permits a~ de.~cribcd ~'~ B. ~e)id~nt' :Mooring ~;.mit ~haII be issnea by 1be 'lbwn ~j q alified n, i Iet Iv qf tlta 'lmvn ~'~Sl dlf be tvqaested io rig. dn '[?pplu'ation in t~)du~ it .lbrm .. qf Il e follmr:n? a~ Imnff' qf , a. ~1 i~tlid lay n~ceipt s,ob 'jbr the c~n'reot ycar.IDr ~ttLr ttL~tlble ri, al la~perO' wbhnl z,d ia the t~atoe ~applit'ao~. ~,' b..I vtdkl oalior rebu'le ~.lotuled witldo II,e ~ rev re,dine ia Itu, addt¥, , ~ ol'a ~valio'oted tax recelpl ~lnb' fin' ~}1 ,, ~t r.~.nt ta · tear jbr elaxnblc reid [ffOlJ<rl) wtthttt t~tl:e To, n of Smltho/d uJl~'t.d ~:? die application ' c. .~:wb oiber pro{~f o/ ~bgidehcd ~s ~ ~Hs~ctb~ to ~ 2~ Th~ Tow~ T~stees:shall de;erloim' i/tat the Olydicam ~ q al(fled m,'ideot al' {~am'n. Upoo approval q/ the One ~t h'k er .~hall be phtced ~tt, ~ o lrin.e ata[ one ~ticker ~,holl he plat'e~ on Ibc boat · ' ([ /.L%zee OHtOI')IP perroii. ~.~hall be issned ~ tl;c Iowa qf Sotllbobl i,t,, do ~'%tot qnal~/)' t,s' re~tdent.~ as :dc/hied. ia ~'ccr[on .t2-~qB ~ hemtO. Per,on: applrin2 ibr a a't'Mttl all applituliOtl a]'- i}'aut'ii Ibtn~ detted hr the :t;d or ret, lad prnllel't? b. The persons o~cupyi~g 'th6 :~a~ne_ ' ~ " c. The term of such~t-enancy.- ~ . Z Upgn a t(etb)'mination by ?he Town 7)'~gees that the ap- · ~lteagt~t$ entttled tO a lessee mo~tng permit, such permit ~i~'era ~hall ~ issned and ~f- ., .[Lred Ia tile thoorinq aad baal A. .~b person Jhall inszali or t~e a mofirbtg bi rdwn wa~rs without a mo~ng permit ~is~ued by the Board' qf '~.Tru~ee$ of the Town qf ~ ~oim~d by the Ofi~er widtin "thiro' (30) days qfter rile ~ ~stiog of ~M 3todce, the ~ SoathoM Fawn T~$tee~ or'its ~ deMg~led dgent n~ di~ct ~ th~ remofal or des~uc~on ~ the mooring and the cost of ~id pmpen b a~id ~aM proper- ~O' mqv be s~ld, npon direction qt' the ~ottrl, at pttb~c aoct{on to d~fra3 gaid- e*pense~, ~sarpht~ being returned to the ,~owner of record Ti~ Fawn :: shall nor ~ liable for any ~da~toge dooe to said moomng . 6ranvattach~boat&trhtg'its ~mto~val, ~Page and sale. ~ IL T~s Loc~ Law shall m~ effect uponitS fi~g with moorings, :for boa'ts in specified locqKons of Town water& The u~ of moorings COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at'~Sou~hold, in SuffoJk County; and that the notice of which the annexed is a printed cop,/', ~" has been published in said Long Island Traveler-Watchman once each week for .................... f/. ..... weeks successively, commencing on the ....... .~.~ ......... day of . ., 19 .~.Y~. Sworn to before me this ........ -~../ ......... day of ... ..... Notary Public NOTARY FU~L!G, ttion b), the ap- . rt lessee and af- nd. boat provMr (i~ioor2 :ad ' as ~t waters ~o~ 5~n of ~ the ;h no~ce g' end on ?r wtfhm fter' thb ao~ of ~clu'ding i~ch to ~ tO the be'to~ 'for any w 'shall ~ ~th.. ~ Law' f~e of ~: fidavit form, signed by the lbssg~:and the owner 6f the property, ~eHtng yorth. ? ~ '~ ~ ,, SOUTHOLD TOWN ,*, 1X-3/317~4(ii).