Legal Advertisements: Week of May 26, 2011

LEGAL ADVERTISEMENTS

LEGAL NOTICE

Notice of Formation, Shelter Ego, LLC. Articles of org. filed with Secretary of State of New York (SSNY) on 3/28/2011. Office location: Suffolk. SSNY designated for service of process. SSNY shall mail copies of process served against the LLC to THE LLC, IncCorp Services, Inc. One Commerce Plaza – 99 Washington Ave, Suite 805-A, Albany, NY 12210-2822. Purpose: any lawful purpose.

2640-6T 5/12, 19, 26; 6/2, 9, 16

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN, That on the 20th day of May, 2011, 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 10th day of June, 2011, 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 Carl C. Krolik, 14 Great Circle Drive, to install a mooring in West Neck Creek at a location designated as 41.05617° N and 72.35517° W.

2. Set a public hearing to be held at 4:46 p. m., prevailing time, on the 10th day of June, 2011, 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 Gerard Cremoux, 5 Heron Lane, to relocate mooring number W 2964 from the WB grid to a location in Smith’s Cove designated as 41.051478° N and 72.316247° W.

3. Set a public hearing to be held at 4:50 p. m., prevailing time, on the 10th day of June, 2011, 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 entitled AMENDMENT TO CHAPTER 133, ZONING, RE: CAUSEWAY OVERLAY DISTRICT, to wit:

Be it enacted by the Town Board of the Town of Shelter Island, as follows:

Section 1. Purpose.

A. The Town of Shelter Island finds that the causeways are a particularly beautiful scenic vista on Shelter Island with many vulnerable flora and fauna specimens which are subject to frequent flooding. It is the purpose of this Chapter to establish standards and procedures for protecting and preserving this resource, minimizing and preventing damage to structures from coastal flooding and to emphasize the protection of natural protective features and other natural resources, which includes native vegetation.

B. Native vegetation is unique and extremely important to preservation of the coastline. Beachgrass and other native plants protect and stabilize flood-prone areas. These maritime dune communities are sheltered by a mosaic of maritime shrubland and wetlands communities, which together provide essential shelter, nesting habitat, and a rich food resource for resident and migratory wildlife, including rare, threatened or endangered species. Maintenance and enhancement of the continued ecological integrity of the beach, shrubland and wetlands vegetation is essential to the preservation of the essential character and natural and scenic values of the coastline.

C. The proposed zoning of the causeways provides regulations to minimize or prevent damage or destruction to man-made property, natural protective features and other natural resources, or preserve public access and use of the waterways, and to protect human life.

D. The aquifer on the causeway tends to be thin, often contaminated by salt, and requiring reverse osmosis systems to produce potable water. This must be taken into account in considering proposals for development and/or landscaping, keeping in mind that the demand for such water is minimized, and the prohibition on dumping the brine by-product prevents further contamination of the aquifer.

Section 2. Chapter 133-4 of the Shelter Island Town Code entitled “District Boundaries” shall be amended to add the following to read as follows:

§133-4. District Boundaries.

H. The Causeway Overlay District shall comprise the following:

(1) Beginning at the northerly boundary of Gardiner’s Bay Drive and the northerly boundary of land owned by the County of Suffolk, which is Suffolk County Tax Map No. 0700-003-02-064.10, proceeding south along the easterly boundary of Gardiner’s Bay Drive, across the intersection of Ram Island Drive, and further south along the easterly boundary of Ram Island Road to the southerly corner of property owned by the Town of Shelter Island, which is Suffolk County Tax Map No. 0700-003-03-046, and proceeding easterly along the boundary of that property to the waters of Coecles Inlet; thence easterly along the waters of Coecles Inlet to the easterly line of a lot owned by Nancy Jaicks which is Suffolk County Tax Map No. 0700-004-01-010; thence northerly along that property to the intersection of the property owned by the County of Suffolk which is Suffolk County Tax Map No. 0700-004-01-009 and along the easterly edge of that property to the waters of Gardiner’s Bay; thence westerly and northerly along the waters of Gardiner’s Bay to the intersection of the southerly line of Menhaden Lane with Gardiner’s Bay and westerly along land owned by the County of Suffolk, which is Suffolk County Tax Map No. 0700-003-02-064.10 and thence southerly and westerly along the edge of that parcel to the point of beginning.

(2) Beginning at the westerly intersection of Ram Island Drive and land owned by the County of Suffolk, which is Suffolk County Tax Map No. 0700-009-02-036 and southerly to the waters of Coecles Inlet; thence easterly along the waters of Coecles Inlet to the easterly edge of property owned by the Town of Shelter Island known as Middle Har-Bay Road; thence northerly along the easterly edge of Middle Har-Bay Road to its northerly intersection with Gardiner’s Bay; thence westerly along the waters of Gardiner’s Bay to the westerly edge of land owned by the County of Suffolk, which is Suffolk County Tax Map No. 0700-009-02-010; thence southerly along the westerly edge of this property until it meets Ram Island Drive, and proceeding south across the road to the point of beginning.

Section 2. Chapter 133-11.1 of the Shelter Island Town Code, entitled Causeway Overlay District, shall be added to read as follows:

§133-11.1. Causeway Overlay District.

A. District Purpose. The Town Board finds that the causeway areas are unique in their characteristics so as to justify special district classification and development regulation for the following reasons:

(1) they are contiguous tracts of land with water on both sides;

(2) they are low-lying and prone to flooding from opposite directions;

(3) they have extremely small depth to groundwater, with little traditional upland to be devoted to development and septic with the need to bring in fill;

(4) they are in or adjacent to both the Federal FEMA line and the New York State Coastal Erosion Hazard Area line; and

(5) provide scenic benefits along a public roadway.

B. District Regulations:

(1) Activity on any portion of property lying within the Causeway Overlay District shall require a Causeway Wetlands Permit as specified in Chapter 129.

(2) Bulk regulations: The bulk regulations for development in this zone shall be the same as for the underlying zone, except that for all subdivisions occurring after the date of adoption of this law, the minimum lot area shall be not less than 130,680 square feet.

(3) The permitted uses in this zone shall be the same as those of the underlying zone, except that bulkheads and docks shall not be allowable uses in this zone. Any bulkheads or docks in the zone which lawfully exist prior to the adoption of this law shall be treated as nonconforming uses and may continue subject to the rules set forth in Section 133-23.

Section 3. Severability.

The provisions of this Local Law are intended to be severable. If any provisions of this Local Law shall be found by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such finding shall not be deemed to invalidate the Local Law as a whole, nor any other section or provision thereof, other than that which is found to be unconstitutional or otherwise invalid.

Section 4. Effective Date.

This Local Law shall take effect immediately upon filing with the Secretary of State. Upon the effective date of this law, the causeway moratorium law adopted March 18, 2011 shall immediately terminate, and the moratorium shall no longer be in effect.

4. Set a public hearing to be held at 4:55 p. m., prevailing time, on the 10th day of June, 2011, 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 entitled AMENDMENTS TO CHAPTER 129, WETLANDS, RE: CAUSEWAY WETLANDS PERMIT, to wit:

Be it enacted by the Town Board of the Town of Shelter Island, as follows:

Section 1. Purpose.

This law is to establish a Causeway wetlands permit for the properties in the Causeway District, which are particularly susceptible to flooding and require special attention during development, as more specifically set out in the addition to the purpose clause of this Section.

Section 2. Amend Chapter 129-,1 Purpose, to add new Section (E) to read as follows:

§129-1. Purpose; findings.

E. The properties in the Causeway Overlay District (133-11.1) are especially sensitive wetlands areas which are prone to frequent flooding. The Town has a special causeway wetlands permit requirement for properties in this zone which establishes standards and procedures for minimizing and preventing damage to development from coastal flooding and to protect natural protective features and other natural resources, which includes native vegetation. The goal will be to minimize or prevent damage or destruction to man-made property, private and public property, natural protective features, viewscapes and other natural resources.

Section 3. Amend Chapter 129-2, Permit Required, to read as follows:

§129-2. Permit required.

Any regulated activity in, on or over or within the regulated area, entirely or in part, shall require a wetlands permit unless it is specifically exempted or allowed without a permit, as indicated in the following table. Any regulated activity for which a permit is required, which is carried out without a permit or in violation of the conditions of a permit, is a violation of this Code and subject to criminal and civil penalties.

Key:

No = Activity not allowed, however applications may be processed in consideration of differences between Town Law and DEC laws, if all other remedies have been exhausted and DEC approval is obtained or letter of nonjurisdiction is applicable.

NPR = Activity does not require wetlands permit.

PR = Wetlands permit required.

CPR = Causeway wetlands permit required

Section 4. Adds Chapter 129-4.1, Causeway Wetlands Permit regulations to read as follows:

§129-4.1. Causeway Wetlands Permit Regulations.

The owner or authorized agent of the owner proposing to conduct or cause to be conducted a regulated activity as defined herein upon any portion of property located within the causeway zone shall meet the following additional requirements in submitting their application. If the project is also proposed within the 100’ regulated area, a combined wetlands/causeway wetlands review shall be performed, and a combined permit shall be required.

A. Natural vegetation protection measures.

1. The footprint of any dwelling on the property shall be limited as follows:

1,800 square foot footprint on a lot of more than 130,680 square feet

1,200 square foot footprint on a lot between 43,560 and 130,679 square feet

1,000 square foot footprint on a lot of less than 43,560 square feet.

2. The total area of clearing or other disturbance of native vegetation or natural grades (“site disturbance”) shall not exceed the footprint of the structure plus a 25 foot radius around it. An additional 25’ radius may be cleared around the well and septic system. Invasive vegetation may be removed.

3. Landscaping within the approved site disturbance area shall be at the discretion of the Town Board. In the application for a causeway wetlands permit, the owner shall submit a survey by a licensed surveyor identifying the limits of proposed site disturbance and the amount and percentage of the lot to be cleared or disturbed.

4. For purposes of these clearing limitations, the terms “lot”, “tract” and “lot size” mean that portion of a lot or tract (which may be the entire lot or tract) located within the causeway zone.

5. The landscaping shall not involve the addition of any fill, with the exception of that needed for a raised septic system and the associated required screening planting.

6. Any and all applications for a causeway wetlands permit or building permit within the causeway zone shall include native revegetation and restoration measures sufficient to meet the standards set forth below;

(1) The limits of site disturbance shall be identified;

(2) The applicant for a permit shall have the proposed building and/or structure and the areas to be disturbed staked by a licensed surveyor in accordance with the survey. In addition, stakes shall be installed marking the perimeter of the area to be disturbed.

(3) Each application for development shall include a revegetation and restoration plan, which utilizes native vegetation and which revegetates and restores areas that are temporarily cleared or disturbed beyond the limits set forth in §49-7(B) during development activities, or are required to be revegetated pursuant to a plan approved by the Town Board.

(4) Revegetation and restoration shall, to the maximum extent possible, result in the re-establishment of the native vegetation which existed prior to site disturbance.

(5) Native vegetation authorized and approved by Conservation Advisory Council shall be used for revegetation and restoration purposes.

B. Shoreline protection measures.

1. In the causeway zone, construction of new erosion protection structures or reconstruction or modification of lawfully pre-existing erosion protection structures is not allowed.

2. No new bulkheads, docks or shoreline hardening devices may be constructed on causeway zone property.

C. Aquifer and Water Protection measures.

1. Accessory uses, buildings and structures are prohibited in order to reduce demands on the limited aquifer in the causeway zone. This includes garages, sheds, swimming pools and other accessory structures and uses.

2. An accessory apartment or accessory sleeping quarters, separate from the dwelling, is prohibited.

D. Septic, System Protection measures.

1. Any and all applications for a causeway wetlands permit to construct a raised septic system within the causeway zone shall include measures sufficient to meet the standards set forth below:

a. A septic system must be located at least 150 feet from a wetlands, as defined in Chapter 129.

b. A raised septic system must be screened from public view by plantings at least as tall as the raised septic system. The plantings must be of native vegetation, and applicant shall submit a plan showing the location and type of screening proposed;

c. A raised septic system retaining wall must be set back 5’ from the property line in order to provide room for the screening plantings on the owner’s property;

d. Applicant must make every effort to minimize ground disturbance and the use of fill in constructing the raised septic system, and shall submit a plan showing the following:

(1) The height and location of the proposed raised septic system;

(2) The Suffolk County Health Department approval of the proposed system;

(3) The limits of site disturbance shall be identified;

(4) The applicant shall indicate the amount of fill needed to install the system and the source of fill material.

2. All development involving the use of a reverse osmosis system in the causeway zone shall be subject to the standards set forth below:

a. Brine, or other by-products of the reverse osmosis products, may not be put back into the aquifer, and provision must be made for collection in a holding tank and off-island disposal at a qualified facility;

b. Applicant shall submit a plan showing the following:

(1) The manufacturer, size and location of the proposed reverse osmosis system, including the size, location and specifications for the proposed holding tank;

(2) The approval of the Suffolk County Health Department and other applicable agencies of the proposed system;

(3) The plan and timing of collection and off-island disposal at a qualified facility, including the name and location of the proposed facility.

E. Viewshed Protection measures.

1. Any and all applications for causeway wetlands permit to construct a dwelling within the causeway zone shall include measures sufficient to meet the standards set forth below:

a. Building height, as defined in Chapter 133, shall not exceed 25’ from natural grade;

b. Fill may not be used to alter the natural grade;

2. Accessory uses, buildings and structures are prohibited. This includes garages, sheds, swimming pools, sports courts and other accessory structures and uses.

Section 5. Adds Chapter 129-5.1 Criteria for Causeway wetlands permit issuance, to read as follows:

§129-5.1. Criteria for Causeway wetlands permit issuance.

A causeway wetlands permit will be issued only with a finding by the Town Board that the proposed regulated activity meets the findings of §129-5 and meets the following additional requirements:

A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location;

B. Is not likely to cause a measurable increase in flooding or erosion at the proposed site and at other locations;

C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values and natural resources, including, but not limited to, significant fish and wildlife habitats.

D. Is constructed and placed in a way to minimize or prevent damage or destruction to man-made property, private and public property, natural protective features, viewscapes and other natural resources; and

E. Will not overly stress or contaminate the aquifer in the neighborhood of the project.

Section 6. Severability

The provisions of this Local Law are intended to be severable. If any provisions of this Local Law shall be found by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such finding shall not be deemed to invalidate the local Law as a whole, nor any other section or provision hereof, other than that which is found to be unconstitutional or otherwise invalid.

Section 7. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State.

5. Authorized the issuance of a permit to Alexander Alex, 119 South Ferry Road, to remove existing sun canopy over deck area; remove 169’ of existing bulkhead and 12’ existing north return, construct new bulkhead and north return in place, remove existing stairway to deck and retaining walls, construct new stairway and retaining walls in place, re-install existing sun canopy over deck area or replace in-like as necessary.

6. Authorized the issuance of a permit to Kevin & Virginia Brooks, 21 Fred’s Lane, to install along toe of eroding embankment approximately 111 linear feet of Coir fiber rolls and renourish embankment with approximately 25 cubic yards of sand to be stabilized with jute matting and planted with native vegetation.

7. Authorized the issuance of a permit to Richard Homan, 3 Montclair Avenue, to install 145’ single row Coir logs at the base of the bank, and two approximately 180’ rows of Coir logs seaward of the mean high water, together with approximately 150 cubic yards of clean fill landward of the Coir logs and plantings within the regulated area, subject to certain conditions.

8. Authorized the issuance of a permit to Mark Labrozzi, 9 A Baldwin Road, to install a stake, mooring and pulley system in West Neck Harbor at the south end of Menantic Road; said location was formerly occupied by the W-2577 McGayhey stake, mooring and pulley system.

9. Authorized the issuance of a permit to Jonathan Wolstenholme, Justin Wolstenholme, and Justine McLoughlin, 28 Winthrop Road, to install a mooring in Dering Harbor 100’ from the end of the dock at 50 Winthrop Road; said mooring location was formerly occupied by the D-2826 Forchelli mooring and is designated as 41.085567° N and 72.343270°.

10. Adopted Local Law No. 3 – 2011 entitled AMENDMENTS TO CHAPTER 53, DOCKS, RE: DANIEL LORD DOCK REGULATIONS, to wit:

Be it enacted by the Town Board of the Town of Shelter Island, as follows:

Section 1. Amend Chapter 53 of the Shelter Island Town Code, titled “Docks” as follows:

A. Section 53-8, Additional regulations, shall be amended to add the following new subsection (C) and existing paragraphs (C) and (D) shall be relettered (D) and (E) respectively:

(C). No person shall moor or secure a boat on the end or east face of the Town-owned dock at Daniel Lord Road. The west face along the launching ramp is for active launching, hauling, loading, and unloading of boats only and has a 10 minute docking limit.

Section 2. Severability.

The provisions of this Local Law are intended to be severable. If any provisions of this Local Law shall be found by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such finding shall not be deemed to invalidate the Local Law as a whole, nor any other section or provision thereof, other than that which is found to be unconstitutional or otherwise invalid.

Section 3. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State.

DOROTHY S. OGAR, TOWN CLERK

TOWN OF SHELTER ISLAND

SHELTER ISLAND, NEW YORK

DATED: MAY 23, 2011

2643-1T 5/26