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HomeMy WebLinkAboutHashamomuck Pond Docks �.. / 67 - l$ fro rr� i G icZ. PETITION FROM HOMEOWNERS ON HASHAMOMUCK POND Whereas, on 12-18-2007 by Local Law No. 23-2007 the Southold Town Code at 275-11 (b) adopted regulations which prohibited certain locations and activities in wetlands. [a] No new docks will be permitted over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands in the following areas: ...Hashamomuck Pond; and Whereas, Hashamomuck Pond is a tidal water body with tidal flushing which for the last 75 years been used by the neighboring communities for recreational boating, water skiing, clamming and fishing; and Whereas, the homes along Hashamomuck Pond have historically maintained small docks and floats to house small recreational vessels with outboard engines because of the low profile rail road bridge blocking access to Southold Bay; and Whereas, for the last eleven years the property owners along Ruch Lane have observed the effect of the prohibition of docks on the wetlands adjacent to their properties; and Whereas,the homes have a right to access to the tidal waters along Hashamomuck Pond, however, without docks, normal and customary human activity along man made access paths are occurring in the wetlands. The wetlands have been adversely impacted because access to the Pond has occurred by direct launch of vessels over the wetlands; and Whereas, the prohibition of docks is, in fact, causing habitat fragmentation which occurs by pedestrian and vessel activity on the wetlands. The prohibition of docks and the resultant human activity directly impacts the vegetative cover, the wetlands, water quality and wildlife habitat. The wetlands provide protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; and coastal ecosystems in front of the homes along Hashamomuck Pond support the continued viability of harvestable shellfish and fin fish habitat; and Whereas, there have been numerous changes since 2009 which should be considered in support of the change 275-11 (b) Prohibiting docks in Hashamomuck Pond 1. Development on the west side of Hashamomuck Pond has been eliminated by open space purchases. 2. Environmentally friendly materials are available for the construction of docks such as thru-flo materials which promote growth of the wetland-vegetation by sun light and air to reach the wetland vegetation; and 3. Docks provide protection of finfish and shell fish from predators; and 4. Many of the homes on Hashamomuck Pond had pre-existing docks which over the years needed to be replaced. The docks have been prevented from being re-built due to the prohibition of docks resulting in destruction of wetlands; and 5. The Town of Southold has adopted storm-water codes to address stormwater pollution town wide and CR 48, adjacent to Hashamomuck Pond, has benefitted from road runoff projects which have redirected stormwater road runoff from entering Hashamomuck Pond;and 6. The Southold Town Code 275 has adopted reasonable regulations for the proper construction of docks and other marine structures, using the newest technologies and environmentally appropriate materials, and the Trustees have adopted Contractor licensing requirements to assure that their permit rules and regulations are properly implemented; and For all of the reasons previously stated, Now, therefore be it resolved, that the undersigned property owners hereby respectfully Petition that the Town Board, with the support of the Southold Town Trustees, balance the protection and maintenance of the natural resource along Hashamomuck Pond, with the rights of homeowners to both reasonable access to the water and continued protection of the coastal ecosystems in front of their homes with docks which reasonably and environmentally provide access to water by changing Southold Town Code at 275-11 (b) deleting "Hashamomuck Creek and Pond" from the list of water bodies where docks are prohibited. Property Owners, or their agents on Ruch Lane: Name Address email 1. Development on the west side of Hashamomuck Pond has been eliminated by open space purchases. 2. Environmentally friendly materials are available for the construction of docks such as thru-flo materials which promote growth of the wetland vegetation by sun light and air to reach the wetland vegetation; and 3. Docks provide protection of finfish and shell fish from predators; and 4. Many of the homes on Hashamomuck Pond had pre-existing docks which over the years needed to be replaced. The docks have been prevented from being re-built due to the prohibition of docks resulting in destruction of wetlands; and 5. The Town of Southold has adopted storm-water codes to address stormwater pollution town wide and CR 48, adjacent to Hashamomuck Pond, has benefitted from road runoff projects which have redirected stormwater road runoff from entering Hashamomuck Pond;and 6. The Southold Town Code 275 has adopted reasonable-regulations for the proper construction of docks and other manne structures, using the newest technologies and environmentally appropriate materials, and the Trustees have adopted Contractor licensing requirements to assure that their permit rules and regulations are properly implemented; and For all of the reasons previously stated, Now, therefore be it resolved, that the undersigned property owners hereby respectfully Petition that the Town Board, with the support of the Southold Town Trustees, balance the protection and maintenance of the natural resource along Hashamomuck Pond, with the rights of homeowners to both reasonable access to the water and continued protection of the coastal ecosystems in front of their homes with docks which reasonably and environmentally provide access to water by changing Southold Town Code at 275-11 (b) deleting "Hashamomuck Creek and Pond" from the list of water bodies where docks are prohibited. Property Owners, or their agents on Ruch Lane: Name Address email PETITION FROM HOMEOWNERS ON HASHAMOMUCK POND Whereas, on 12-18-2007 by Local Law No. 23-2007 the Southold Town Code at 275-11 (b) adopted regulations which prohibited certain locations and activities in wetlands. [a] No new docks will be pennitted over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands in the following areas: ...Hashamomuck Pond; and Whereas, Hashamomuck Pond is a tidal water body with tidal flushing which for the last 75 years been used by the neighboring communities for recreational boating, water skiing, clamming and fishing; and Whereas, the homes along Hashamomuck Pond have historically maintained small docks and floats to house small recreational vessels with outboard engines because of the low profile rail road bridge blocking access to Southold Bay; and Whereas, for the last eleven years the property owners along Ruch Lane have observed the effect of the prohibition of docks on the wetlands adjacent to their properties; and Whereas, the homes have a right to access to the tidal waters along Hashamomuck Pond, however, without docks, normal and customary human activity along man made access paths are occurring in the wetlands. The wetlands have been adversely impacted because access to the Pond has occurred by direct launch of vessels over the wetlands; and Whereas, the prohibition of docks is, in fact, causing habitat fragmentation which occurs by pedestrian and vessel activity on the wetlands. The prohibition of docks and the resultant human activity directly impacts the vegetative cover, the wetlands, water quality and wildlife habitat. The wetlands provide protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; and coastal ecosystems in front of the homes along Hashamomuck Pond support the continued viability of harvestable shellfish and fin fish habitat; and Whereas, there have been numerous changes since 2009 which should be considered in support of the change 275-11 (b) Prohibiting docks in Hashamomuck Pond I , 5f R 4 e wnewc - rn rn . T m A . 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LOQ LN '5-0 � /if 71 L SGS KAKra GM�I(, , 4A .......... 4:L a Neville, Elizabeth From: Neville, Elizabeth Sent: Friday,July 20, 2018 10:55 AM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Subject: FW:town code 275-11 (b) Attachments: town board -trustees letter.pdf FYI Elizabeth A.Neville,MMC Southold Town Cleric, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel. 631765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064 From: Betsy at Moore Law Offices [ma iIto:betsy(&mooreattys.com] Sent: Friday, July 20, 2018 10:03 AM To: Neville, Elizabeth; Standish, Lauren; Cantrell, Elizabeth Subject: town code 275-11 (b) good morning. please see attached letter. thank you. rBe'hw Perkins LA Moore Law Offices SAVE A TREE - PLEASE Doi NOT PRINT William D. Moore, Esq. EMAIL UNLESS YOU REALLY NEED TO. 631.765.4663 Patricia C. Moore, Esq. 631.765.4330 mailing & physical address: 51020 Main Road Southold NY 11971 fax number for both 631.765.4643 www.mooreaMs.com 1 PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (63 1)765-1330 Fax:(631)765-4643 July 19, 2018 President Mike Domino and Southold Town Board of Trustees Main Road PO Box 1179 Southold,NY 11971 RE: Code Revisions to 275-11 (b) Ruch Lane Petition Dear President Domino and Board;., On behalf of the owners of properties on Ruch Lane, Southold,I am following up on the status of a Petition filed with the Town Board requesting that the Town Board adopt modifications to the Town Code Section 275-11 (b)which prohibits the construction', residential docks in Hasliamomudk..,Pond. The Town Board advised us that the Petition would be referred to you. As you know,the existing dock prohibition has caused more damage to the;>'veEl s than was intended by the regulation. For those parcels which do not have docks,theie,`t�'_ "r(tp ii has been adversely impacted by habitat fragmentation. The prohibition of docks and the resultant human activity to access the'siitiirfibt directly and without docks impacts the vegetative cover, the wetlands, water'cjt,111 f iy and wildlife habitat. The dock prohibition has caused loss of the wetlands -,,N•hich provide protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations�t►d species diversity; prevention of loss or degradation of critical wildlife and plant lighitat; and coastal ecosystems in front of the homes along Hashamomuck Pond, Hashamomuck Pond supports the continued viability of harvestable shellfish and fin fish habitat. We ask that Town Code 275-11 (b) be amended. Very tr�ul�rours, �- tcia C.Moore cc: Southold To-,Nm Board NOTICE: This e-mail and the attachments hereto, if any, may contain legally privileged and/or confidential information. It is intended only for use by the named addressee(s) . If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and the attachments hereto, if any, is strictly prohibited. If you have received this transmission in error, please immediately notify the sender by telephone and permanently delete this e-mail and the attachments hereto, if any, and destroy any printout thereof. 2