Open burning, fishing license lawsuit in flux

Matt Sherman (left) explained the parking situation at the luncheonette owned by Marc Wein (right) during Tuesday’s Town Board work session.

The luncheonette and upcoming census shared the Town Boardspotlight at the January 19 work session with these discussiontopics:

The state’s open burning ban. Supervisor JimDougherty, Police Chief James Read and Fire Chief William Rowlandwill make recommendations on how to bring the town burning permitrules into compliance with the state ban, which prohibits leafburning but allows burning of brush, cooking fires and campfires.Island resident and state Forest Ranger Brian Gallagher explainedthe intent of the new state law and said that Shelter Island is theonly town in Suffolk County that had allowed open burning prior tothe law going into effect in October 2009. The law is primarilyintended to protect air quality, he said. Councilman Ed Browncommented that leaf removal may be a financial burden for someresidents.

Special permit requirements for large houses.On Friday, the board is expected to set a hearing on a change intown code that would count basement space in the 8,500 square feetof living area that triggers a special permit. The board is alsoconsidering simplifying the law by including all living spacebetween the exterior walls of a proposed house in determining thesquare footage total. Currently the law includes heated livingspace and excludes basements.

East End lawsuit against a state marine fishinglicense. Town Attorney Laury Dowd reported that the NewYork State Department of Environmental Conservation has moved tohave the entire lawsuit filed by Shelter Island, Southampton, EastHampton and other municipalities dismissed, arguing that the townshave no standing or history in regulating fishing that wouldjustify entitlements under their patent rights. The towns willrespond to the motions by February 18, she said, and a ruling willfollow some time later.

A revoked mooring in Dering Harbor. Don Youngasked the board if they could reinstate his mooring after heacknowledged his failure to open letters from the town warning ofthe imminent revocation. The mooring has not been reassigned,according to Councilman Peter Reich. That gives the town anopportunity to review the situation, Supervisor Dougherty said.