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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
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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
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