LEGAL ADVERTISEMENTS
LEGAL NOTICE
NOTICE OF SALE
SUPREME COURT: COUNTY OF SUFFOLK – U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, Plaintiff, AGAINST ERIC J. FAHEY, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 10/1/2009, I, the undersigned Referee will sell at public auction at the Shelter Island Town Hall, Ferry Road, Shelter Island, New York, on 3/25/2010 at 2:00 PM, premises known as 64A NORTH MIDWAY ROAD, SHELTER ISLAND, NY 11965. All that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of SHELTER ISLAND, County of Suffolk and State of New York, Section, Block and Lot: 014.00-04-007.004. Approximate amount of judgment $515,627.59 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #28664/07. James O’Shea, Referee,
Steven J. Baum PC,
Attorneys for Plaintiff,
P.O. Box 1291,
Buffalo, NY 14240-1291
Dated: 2/22/2010
2500-4T 2/25; 3/4, 11, 18
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN, That on the 19th day of February, 2010, the Town Board of the Town of Shelter Island duly adopted resolutions concerning the following, to wit:
1. Set a public hearing to be held at 4:45 p.m., prevailing time, on the 19th day of March, 2010, in the Shelter Island Town Hall, Shelter Island, New York, pursuant to Section 90-5 of the Code of the Town of Shelter Island, for all interested persons to be heard in favor of or in opposition to the application of Martin Hurwitz, 1 Pheasant Lane, to install a stake, mooring and pulley system in West Neck Harbor off the end of Menantic Road, at location 41.05163 N, 72.34616 W.
2. Set a public hearing to be held at 4:46 p.m., prevailing time, on the 19th day of March, 2010, in the Shelter Island Town Hall, Shelter Island, New York, pursuant to Section 90-5 of the Code of the Town of Shelter Island, for all interested persons to be heard in favor of or in opposition to the application of William Adam Friedlander, 58 Ram Island Road, to install a mooring in Coecles Harbor at a location designated as 41.085° N and 72.32293° W.
3. Set a public hearing to be held at 4:50 p.m., prevailing time, on the 19th day of March, 2010, in the Shelter Island Town Hall, Shelter Island, New York, for all interested persons to be heard in favor of or in opposition to a proposed LOCAL LAW TO ADDRESS OPEN BURNING UNDER CHAPTER 47, to wit:
Be it enacted by the Town Board of the Town of Shelter Island, as follows:
BE IT RESOLVED, That the Town Board hereby calls for a public hearing to be held at 4:50 p.m., prevailing time, on the 19th day of March, 2010, in the Shelter Island Town Hall, Shelter Island, New York, for all interested persons to be heard in favor of or in opposition to a proposed LOCAL LAW TO ADDRESS OPEN BURNING UNDER CHAPTER 47, to wit:
Be it enacted by the Town Board of the Town of Shelter Island, as follows:
Section 1. The existing language of Chapter 47 of the Shelter Island Town Code is hereby repealed in its entirety, and replaced with the following new Chapter 47:
§ 47-1. Title.
This chapter shall be known as the “Town of Shelter Island Open Burning Local Law.”
§ 47-2. Purpose; policy.
As of October 2009, the State of New York has adopted strict regulations limiting open burning in 6 NYCRR Part 215. This law is adopted to eliminate inconsistencies between the Town Code and the State regulations. It establishes local rules to provide for notice and safety of burns which are allowed by the State.
§ 47-3. Statutory authority.
This Chapter is adopted as a local law pursuant to the authority of the Municipal Home Rule Law.
§ 47-4. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
CAMP FIRE – A camp fire or any other outdoor open fire less than three feet in height, and less than four feet in length and width or diameter.
FIRE WARDENS – The duly appointed Fire Wardens of the Town of Shelter Island. For purposes of this Chapter, the Fire Wardens are the Fire Chiefs of the Shelter Island Fire District. OPEN BURNING – Any outdoor fire or outdoor smoke producing process from which air contaminants are emitted directly into the outdoor atmosphere. Open fires include burning in barrels or modified barrels. Open fires do not include burning in outdoor furnaces or boilers that are used to heat buildings when the devices are actually used for such purpose.
MINOR ALLOWED BURNS – Burns described in subsections A, B, C and D in 47-6 shall be considered minor allowed burns.
MAJOR ALLOWED BURNS – Burns described in subsections E, F, G and H in 47-6 shall be considered major allowed burns.
§ 47-5. Restrictions on Open Burning.
A. Except as allowed by Section 215.3 of 6 NYCRR Part 215, no person shall burn, cause, suffer, allow or permit the burning of any materials in an open fire.
B. Any person who performs open burning as allowed by the NYS regulations must also comply with the notice and safety requirements set forth in this Chapter. Failure to comply with these requirements shall be a violation of this Chapter.
§ 47-6. Allowed burning under NYS regulations.
A. Small fires used for cooking and campfires provided that only charcoal or untreated wood is used as fuel, and the fire is not left unattended until extinguished.
B. Barbecue grills and similar outdoor cooking devices when actually used for cooking or processing food.
C. Ceremonial or celebratory bonfires where not otherwise prohibited by law, provided that only untreated wood or other agricultural products are used as fuel, and the fire is not left unattended until extinguished.
D. Small fires that are used to dispose of a flag or religious item, and small fires or other smoke producing process where not otherwise prohibited by law that are used in connection with a religious ceremony.
E. On-site burning of downed limbs and branches (including branches with attached leaves or needles) less than six inches in diameter and eight feet in length between September 15th and the following March 15th.
F. On-site burning of agricultural wastes as part of a valid agricultural operation on contiguous agricultural lands larger than five acres actively devoted to agricultural or horticultural use, provided such waste is actually grown or generated on those lands and such waste is capable of being fully burned within a 24-hour period.
G. Prescribed burns performed according to Part 194 of 6 NYCRR or individual open fires for the destruction of invasive plant and insect species, but only with written authorization from the Department of Environmental Conservation.
H. Fire training, including firefighting, fire rescue, and fire/arson investigation training, performed under applicable rules and guidelines of the New York State Department of State’s Office of Fire Prevention and Control performed by or in conjunction with the Shelter Island Fire Department.
§ 47-7. Notice Requirements.
A. Any major allowed burns shall not be started until a burn notice is signed off by the Fire Warden with a copy to the Police Chief. A form burn notice may be obtained from the Office of the Town Clerk. Any fire performed without a burn notice signed by the Fire Warden shall be in violation of this Chapter.
§ 47-8. Open burning safety requirements.
A. Any major allowed burns shall not be started prior to sunrise and shall be extinguished by sunset. Any area used for burning shall be covered over at the end of each day’s operation with nonflammable materials to prevent the possible spread of fire.
B. No individual shall start a fire unless the fire is personally supervised and constantly attended by the permit holder and with sufficient help at hand to control and prevent its spread.
C. All exposures must be protected and necessary equipment in place to prevent extension of the fire and/or radiant heat damage to adjacent buildings and property.
D. Flammable liquids may not be used to start or support any fires.
E. The burning of or on wetlands is not permitted.
F. The Town Board reserves the right to enact additional regulations with respect to safety and notice of open burning.
§ 47-9. Prior Burn Permits Revoked.
Any burn permits previously issued are revoked as of the date of adoption of this Chapter.
§ 47-10. Severability.
In the event that any portion of this Chapter is found by a court of competent jurisdiction to be invalid, such division shall not affect the validity of the remaining portions of this Chapter.
§ 47-11. Penalties for offenses.
Failure to comply with a provision of this Chapter shall be deemed a violation and shall be punishable by a fine of not more than $500 or by imprisonment not to exceed 15 days, or both, and by the revocation of any permit issued hereunder. Each day such violation continues shall constitute a separate violation.
§ 47-12. When effective.
This chapter shall become effective immediately upon filing with the Secretary of State.
Section 2. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State.
4. Set a public hearing to be held at 4:55 p.m., prevailing time, on the 19th day of March, 2010, in the Shelter Island Town Hall, Shelter Island, New York, for all persons to be heard in favor of or in opposition to the application of The Beach House, LLC, dba Sunset Beach Hotel, 35 Shore Road, for a wetlands permit to replace existing sanitary leachfield in-kind within the regulated area.
5. Authorized the issuance of a permit to American Direct, LLC, c/o Richard Hogan, 1 Shorewood Court, to construct a 98.75 square foot deck between access catwalk to dock and covered porch of cottage, remove and replace 24’ of bulkhead, construct storage rack for a sunfish, and install one osprey nest pole and platform.
6. Adopted the following resolution concerning tree removal, to wit:
“Whereas”, the Town Board from time to time has authorized the removal of certain trees from Town owned properties, and
“Whereas”, the Town Board believes that uprooted, damaged, and fallen trees shall be included in said removal for good forest management, fire prevention and accident prevention, and
“Whereas”, the Town believes that individual taxpayers in the Town can benefit by personal use of wood from Town lands, now, Therefore
BE IT RESOLVED, That any Town resident wishing to remove such trees from the Ice Pond Park, Sachem’s Woods, the Recycling Area, the Overlook property (off Cobbett’s Lane), and the Nursery property on St. Mary’s Road shall be required to obtain a permit from the Town Clerk’s Office, subject to the following provisions:
1. The applicant shall sign a release holding the Town harmless because of injury or accident resulting from the cutting and removal of the wood.
2. All wood removal shall be subject to control under the terms of this resolution by the Commissioner of Public Works and/or the Shelter Island Police Department.
3. Said permits shall be valid for 14 days from the date of issuance, and woodcutting shall only be done during daylight hours Monday through Friday.
4. Only 2 cords of wood shall be removed per permit issued.
5. Only trees marked with a red ribbon shall be removed.
6. Violators shall have their permit revoked and be banned from obtaining additional permits; and
BE IT FURTHER RESOLVED, That said tree removal shall be allowed beginning February 22 and ending March 22, 2010, and
BE IT FURTHER RESOLVED, That the Town Clerk shall provide all necessary forms.
DOROTHY S. OGAR,
TOWN CLERK
TOWN OF SHELTER ISLAND
SHELTER ISLAND, NEW YORK
DATED: FEBRUARY 22, 2010
2501-1T 2/25
