Legal Advertisements: Week of November 17, 2011

LEGAL NOTICE

PROBATE CITATION

File No. 2011-721/A

SURROGATE’S COURT — 

SUFFOLK COUNTY

CITATION

THE PEOPLE OF THE STATE OF NEW YORK, By the Grace of God Free and Independent

TO: CHISATO DAUGHERTY, MICHAEL PHILIP MANNINO, LAURENCE GERARD MANNINO, JAMES CHISOLM

“Jane Doe,” (the name being fictitious) a/k/a “Jane” Suydam if living being a daughter of decedent and if dead having predeceased decedent, his issue, if any; or if dead having survived decedent, his distributees, heirs at law, next of kin, executors, administrators, successors and assigns and any other persons who might have an interest in the estate of JAMES SUYDAM, deceased, as distributees or otherwise all of whose names, whereabouts and addresses are unknown and cannot be ascertained with due diligence.

A petition having been duly filed by JOHN S. THOMSON, JR., who is domiciled at 51 NORTH CARTWRIGHT ROAD, SHELTER ISLAND, NEW YORK 11964

YOU ARE HEREBY CITED TO SHOW CAUSE before the Surrogate’s Court, Suffolk County, at 320 CENTER DR., RIVERHEAD, NY 11901, on DECEMBER 6, 2011, at 9:30 o’clock in the forenoon of that day, why a decree should not be made in the estate of JAMES SUYDAM, lately domiciled at 11 SMITH STREET, SHELTER ISLAND, NEW YORK, admitting to probate a Will dated NOVEMBER 13, 2006, (A Codicil dated JULY 3, 2008) a copy of which is attached, as the Will of JAMES SUYDAM, deceased, relating to real and personal property, and directing that

Letters Testamentary issue to: JOHN S. THOMSON, JR..

FILED SURROGATE’S COURT

SUFFOLK COUNTY

OCT -5, 2011

MICHAEL CIPOLLINO

CHIEF CLERK

Dated, Attested and Sealed

October 5, 2011

HON. JOHN M. CZYGIER, JR.

Surrogate

MICHAEL CIPOLLINO

Chief Clerk

Attorney for Petitioner HELEN ROSENBLUM, ESQ., Telephone Number 631.727.1010. Address of Attorney 1287 EAST MAIN STREET, RIVERHEAD, NEW YORK 11901.

[NOTE: This citation is served upon you as required by law. You are not required to appear. If you fail to appear it will be assumed you do not object to the relief requested. You have a right to have an attorney appear for you.]

2697-4T 10/27; 11/3, 10, 17

LEGAL NOTICE

Notice is hereby given that a on premise beer & wine license, #TBA has been applied for by Crows Nest Bar & Grill, LLC d/b/a The Islander to sell beer and wine at retail in a restaurant. For on premises consumption under the ABC law at 63 North Ferry Road Shelter Island NY 11964.

2705-2T 11/10, 17

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN, That on the 10th day of November, 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 2nd day of December, 2011, in the Shelter Island Town Hall, Shelter Island, New York, pursuant to Section 53-9 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 JASL Partners, LLC, c/o Sheldon Kasowitz, Managing Member, to add onto existing fixed dock a 3’ x 14’ hinged ramp and 6’ x 16’ float secured by two 10” diameter pilings, raise existing +/- 4.5’ x 19’ step down platform approximately 10” to match elevation of existing dock, relocate existing 10” diameter dolphin pilings on north/east side of dock to new location approximately 32’ close to dock, and add additional 2-pile dolphin on same side of dock.

2. Set a public hearing to be held at 4:46 p.m., prevailing time, on the 2nd day of December, 2011, in the Shelter Island Town Hall, Shelter Island, New York, pursuant to Section 53-9 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 Pauline M. Goldberg, 5 Montclair Avenue, to remove and replace 100 feet of bulkhead in same location and one foot higher and backfill with 30 cubic yards of clean upland fill.

3. Set a public hearing to be held at 4:47 p.m., prevailing time, on the 2nd day of December, 2011, in the Shelter Island Town Hall, Shelter Island, New York, pursuant to Section 53-9 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 John Picker, 47 H South Ferry Road, to construct a 4’ x 15’ ramp onto a 4’ x 24’ level dock section expanded to a 5’ x 66’ level dock section to offshore end, provide water and electric service to offshore end, install two 2-pile mooring dolphins and install one swim ladder and bench.

4. Set a public hearing to be held at 4:48 p.m., prevailing time, on the 2nd day of December, 2011, in the Shelter Island Town Hall, Shelter Island, New York, pursuant to Section 53-9 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 George DeRedon, 74 Peconic Avenue, to install new face piles next to existing face piles on front of existing bulkhead, excavate landward side of existing bulkhead, cut off and bend existing tie rods, remove existing rear clamp and cap on bulkhead, install 100’ of new vinyl sheathing on rear side of existing bulkhead, install new tie rod sections from new face piles, tie and weld to existing tie rods, install new rear clamp and cap, refill excavation adding an additional 160 cubic yards of clean trucked-in soil to fill eroded areas, provide a 10’ wide non-turf buffer landward of bulkhead, and revegetate with Cape American beach grass.

5. Set a public hearing to be held at 4:49 p.m., prevailing time, on the 2nd day of December, 2011, in the Shelter Island Town Hall, Shelter Island, New York, pursuant to Section 53-9 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 Julia & Edward Brennan, 72 Peconic Avenue, to reconstruct 100’ of bulkhead in-place and construct new 16’ east and west returns, backfill landward of new bulkhead with 400 cubic yards of clean trucked-in fill, provide 10’ no-turf buffer, revegetate with Cape American beachgrass, and reinstall stairway to beach.

6. Set a public hearing to be held at 4:50 p.m., prevailing time, on the 2nd day of December, 2011, in the Shelter Island Town Hall, Shelter Island, New York, pursuant to Section 53-9 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 Andrew W. Gitlin, 70 Peconic Avenue, to repair/reconstruct in-kind, in-place approximately 100 feet of CC wood bulkhead and replace wood steps.

7. Set a public hearing to be held at 4:55 p.m., prevailing time, on the 2nd day of December, 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 133, ZONING, RE: IMPERMEABLE DRIVEWAYS, to wit:

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

Section 1. Purpose. The goal of this law is to give property owners in this zone the option of installing an impermeable driveway while ensuring the runoff is captured and directed into the aquifer using best practices, while keeping the code simple to understand and enforceable.

Section 2. Amend Chapter 133, Zoning, as follows:

A. Section 133-1, Definitions, shall be amended to add the following definitions:

Impermeable – Driveways which are not covered with native soil or double washed gravel free of all particles (fines).

Permeable – Driveways which are covered with native soil or with double washed gravel free of all particles (fines).

B. Section 133-12(F)(6) “Development of lots: requirements” shall be amended to read as follows:

§ 133-12. Near Shore and Peninsular Overlay District.

F. Development of lots: requirements. Individual or multiple lot development shall be subject to the following:

(6) Except as provided below, driveways and parking areas shall be of permeable material, except where the slope is greater than 15°. Where impermeable material is used due to the degree of slope, drainage of storm water shall be retained and recharged to the aquifer on site.

(a) Impermeable driveways may be allowed where the slope is less than 15 degrees, subject to obtaining a building permit and having a storm water collection, storage and recharge system designed to accommodate a 2” in 24 hour rain event for 100% of the paved driveway area. The stormwater collection system shall be certified by a New York State Licensed Professional Engineer, Architect or Landscape Architect, be specifically designed for the property and must meet Suffolk County Health Department and New York State Department of Environmental Conservation regulations.

(b) An impermeable driveway of 1,000 square feet or less may be installed where the slope is less than 15 degrees, subject to obtaining a building permit, installing a minimum size 4’ x 8’ drywell in a manner approved by the Building Inspector to collect and recharge its stormwater runoff, and meeting the Suffolk County and New York State Department of Environmental Conservation regulations. Professional architects or engineers are not needed for this impermeable driveway installation since a 4’ x 8’ drywell can accommodate the runoff of a 2” in 24 hour rain event when properly installed by the contractor.

(c) Driveways legally existing as of the date of adoption of this law are exempt from these provisions unless more than 50% of the existing square footage is modified, at which point they shall be treated as a nonconforming structure subject to the provisions of 133-23.

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

8. Set a public hearing to be held at 5:00 p.m., prevailing time, on the 2nd day of December, 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. Add 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 construct or develop a property within the causeway shall meet the following additional requirements in submitting their application regardless of the distance of the development from the wetlands:

A. Additional application requirements.

1. In addition to the application requirements set forth in 129-4, applicant shall submit the following additional information:

a. A survey drawn to a scale no smaller than one inch to fifty feet, showing the location of the proposed activity, and depicting the existing natural vegetation and the proposed areas to be disturbed;

b. A plan showing all areas proposed to be disturbed or upon which equipment is to be staged during construction;

c. A native revegetation and restoration plan for the disturbed areas;

d. An analysis of a plan to grade or otherwise alter the existing topography, including calculations as to the amount of material to be disturbed, the source of the material, and the plan to stabilize the material. A plan should be submitted showing existing grades and post-construction grades. The post-construction grading shall be designed to facilitate grading by original natural patterns;

e. Full design specifications for the septic system, including Board of Health approval and a copy of all submissions, reports and materials sent to and received back from the Board of Health;

f. Design specifications for any foundation or pilings proposed for the project, including number of piles, distance driven into the earth, height above natural grade and material used;

g. Elevation plans for the proposed structure.

h. Each application for development shall include erosion and sedimentation control measures during and post construction, identifying all measures and showing proposed locations. The plan shall also identify all devices used to collect and recharge stormwater runoff from impervious surfaces.

B. Design specifications for Causeway Wetlands Permit

All applications for a Causeway Wetlands Permit shall meet the following design specifications.

1. Natural vegetation protection measures.

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

1,800 s.f. causeway footprint on a lot of more than 200,000 s.f. (excluding wetlands)

1,200 s.f. causeway footprint on a lot between 40,000 and 200,000 s.f. (excluding wetlands)

1,000 s.f. causeway footprint on a lot of less than 40,000 s.f. (excluding wetlands)

b. The total area of clearing or other disturbance of native vegetation or natural grades (“site disturbance”) shall not exceed the causeway 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.

c. 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.

d. Stormwater runoff from impervious surfaces should be collected and recharged.

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

f. 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) The application shall contain a series of photographs showing existing vegetation on the property.

(4) 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.

(5) Applicants are advised that all disturbed area other than the actual construction footprint should be replanted with native vegetation. No lawns or non-native plantings are anticipated as the frequent flooding of these properties makes the viability of such landscaping unlikely.

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

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

g. All driveways must be permeable and use crushed shells or other materials with little visual impact. The largest materials used should be ¾” crushed multi-color blend rock.

2. Shoreline protection measures.

a. In the causeway zone, construction of new erosion protection structures is not allowed. Reconstruction or modification of lawfully preexisting erosion protection structures is allowed in accordance with Section 133-23.

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

3. Aquifer and Water Protection measures.

a. 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.

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

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

(1) Brine, or other byproducts 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;

(2) Applicant shall submit a plan showing the following:

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

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

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

d. The brine tank must be set back at least 5’ from any side yard line and must be screened from public view by plantings at least as tall as the tank. The plantings must be of native vegetation, and applicant shall submit a plan showing the location and type of screening proposed.

e. The Town Board would consider a trucked in water option in lieu of a reverse osmosis system if owner can get approval of the Suffolk County Health Department.

4. Septic System Protection measures.

a. 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:

(1) A septic system must be located at least 150 feet from a wetland, as defined in Chapter 129;

(2) 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;

(3) 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;

(4) 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;

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

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

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

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

5. Viewshed Protection measures.

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

(1) Building height, as defined in Chapter 133, shall not exceed 25’ from natural grade;

(2) Fill may not be used to alter the natural grade;

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

c. Driveway design standards. Driveways should not have a driveway apron. If possible, driveways should be S-shaped to screen the house from the road.

d. There shall be a 20’ undisturbed natural vegetation buffer maintained between the road and the house, to minimize the visual impact of development.

e. There shall be no re-grading of the property to block the natural flow of water that currently flows off the road onto the property.

f. Catwalks that are constructed solely for pedestrian use and built by an individual property owner for the limited purpose of providing noncommercial access to the beach may be allowed if they meet the following criteria:

(1) They are no more than three feet wide;

(2) The surface shall be of light permeable deck grating;

(3) The structure shall be built with non-chemically treated material;

(4) Owner gets appropriate permits for such structure.

6. Flood Protection measures.

a. Since the property is extremely susceptible to flooding, any issuance of a causeway wetlands permit will involve a weighing of the following factors:

(1) Whether the structure, use or operation under consideration is one for which the possibility of obtaining flood insurance is or should be a material consideration.

(2) Whether the structure, use or operation under consideration is appropriate and suitable to this flood-prone area and ways in which flood impacts on the public can be mitigated.

(3) Whether the development meets appropriate state and federal guidelines and standards for the use of lands extremely susceptible to flooding under FEMA criteria.

b. It shall be understood by all persons that issuance of a causeway wetlands permit for development in this flood-prone area is no guarantee that such development is prudent or desirable. All parties receiving a causeway wetlands permit shall sign a document on behalf of the owner or owner’s heirs, assigns, personal representatives and estate releasing, forever discharging and covenanting not to sue the Town of Shelter Island, its departments officers, boards, employees and volunteers with respect to any and all claims, liabilities, demands or causes of action which may arise in connection with issuance of permits for development in this flood-prone area.

Section 5. Add 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; and

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.

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

Section 6. Add Chapter 129-5.2, Permitting Body for Causeway wetlands permit, to read as follows:

The Shelter Island Town Board shall be the body responsible for reviewing and issuing causeway wetlands permits. To the extent possible, this process shall occur simultaneously with any zoning review by the Zoning Board of Appeals.

Section 7. Amend Chapter 129-8, Definitions, to read as follows:

CAUSEWAY FOOTPRINT – The causeway footprint shall be calculated from the aerial visible building/structure projection, including conditioned and non-conditioned spaces.

UNREGULATED ACTIVITY – Excepted activities which are not regulated by this chapter include but are not limited to repairs; normal beach grooming or cleanup; maintenance of preexisting nonconforming structures when normal and customary and/or in compliance with an approved maintenance program; maintaining native vegetation.

Section 8. Amend Chapter 129-13, Appeals, as follows:

Any person aggrieved by the issuance, denial, suspension, or revocation of a permit, waiver, variance, or other decision made under this Chapter may seek judicial review pursuant to article seventy-eight of the New York Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision in the Office of the Town Clerk. In the event that the court may find that the determination challenged therein constitutes the equivalent of a taking without compensation, and the land so regulated otherwise meets the interest and objectives of this chapter, it may, at the election of the Town Board, either set aside the determination or require the Town to acquire the tidal wetlands or such rights in them as have been taken, proceeding under the power of eminent domain.

Section 9. 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 10. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State.

9. Set a public hearing to be held at 5:05 p.m., prevailing time, on the 2nd day of December, 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, RE: CAUSEWAY 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. Beach grass and other native plants protect and stabilize flood-prone areas. These maritime dune communities are sheltered by a mosaic of maritime shrubland and wetland 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 wetland 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.

E. The properties in the Causeway zone have very different physical characteristics than the nearby Ram Island properties because the causeway properties are far more susceptible to flooding. It is these very characteristics, and the practical development problems associated with them, that have left almost all the causeway properties undeveloped while nearby properties on Ram Island have been developed. For these reasons, it is a proper use of the Town’s legislative authority to create a specific zone to deal with the development issues associated with causeway properties.

Section 2. Chapter 133-2 of the Shelter Island Town Code entitled “Establishment of districts” shall be amended to read as follows:

A. For the purposes of this chapter, the Town of Shelter Island, excluding the Village of Dering Harbor, is hereby divided into basic zoning districts, as follows:

District A (Residential)

District AA (Residential)

District B (Business)

District B-1 (Restricted Business)

District C (Residential)

District Causeway (Residential)

Section 3. Chapter 133-4 of the Shelter Island Town Code entitled “District Boundaries” shall be amended to add Section H, “Causeway District” to read as follows:

§ 133-4. District boundaries.

H. The Causeway District shall comprise the following:

(1) Beginning at the northerly boundary of Gardiners Bay Drive and the northerly boundary of land owned by the County of Suffolk, which is Suffolk County Tax Map No. 700-3-2-64.10, proceeding south along the easterly boundary of Gardiners 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. 700-3-3-46, 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. 700-4-1-10; thence northerly along that property to the intersection of that property with Ram Island Drive and crossing that road to the southerly intersection of property owned by the County of Suffolk which is Suffolk County Tax Map No. 700-4-1-9 and along the easterly edge of that property to the waters of Gardiners Bay; thence westerly and northerly along the waters of Gardiners Bay to the intersection of the southerly line of Menhaden Lane with Gardiners Bay and westerly along land owned by the County of Suffolk, which is Suffolk County Tax Map No. 700-3-2-64.10 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. 700-9-2-36 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 Gardiners Bay; thence westerly along the waters of Gardiners Bay to the westerly edge of land owned by the County of Suffolk, which is Suffolk County Tax Map No. 700-9-2-10; 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 District, shall be added to read as follows:

§133-11.1. Causeway 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 ground water, 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 NYS Coastal Erosion Hazard Area line; and

(5) They provide scenic benefits along a public roadway.

B. Bulk regulations.

(1) Lot area shall be not less than 80,000 square feet, except that for all subdivisions occurring after the date of adoption of this law, the minimum lot area shall be not less than 200,000 square feet.

(2) Lot frontage shall be not less than 160 feet.

(3) Lot coverage shall not exceed the following:

(a) By buildings: As established by causeway wetlands permit provisions of Chapter 129.

(b) By all impervious surfaces, including buildings: As established by causeway wetlands permit provisions of Chapter 129.

(4) There shall be not more than one one-family dwelling per lot.

(5) Setbacks shall be not less than the following:

(a) Front setbacks: 50 feet for all structures.

(b) Side and rear setbacks: 30 feet for building, including heating, ventilation, air-conditioning units.

(6) Building height, as defined in Chapter 133, shall not exceed 25’ from natural grade and the natural grade may not be altered;

C. Permitted principal uses.

(1) One-family dwellings of a size permitted under Chapter 129.

(2) Roads, structures and/or uses owned and operated by or for the Town of Shelter Island.

(3) Oystering, clamming, scalloping and fishing in waters within the boundaries of the Town of Shelter Island.

D. Permitted accessory uses.

(1) Personal use by occupants of the premises:

(a) Storage of boats.

(b) Catwalk to mean high water with light permeable deck grating.

E. Special 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) Any pre-existing nonconformity, including bulkheads and docks in the zone which lawfully exist prior to the adoption of this law, shall be treated as nonconforming and may continue subject to the rules set forth in 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 and extended July 29, 2011 shall immediately terminate, and the moratorium shall no longer be in effect.

10. Set a public hearing to be held at 5:10 p.m., prevailing time, on the 2nd day of December, 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 REPEAL OF CHAPTER 133-11, RE: UNDEVELOPED COASTAL BARRIER DISTRICT, to wit:

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

Section 1. Purpose.

The existing Undeveloped Coastal Barrier floating zone is based on FEMA flood maps and does not have sufficient detail to adequately serve as a guideline to the rules for properties subject to flooding on Shelter Island. The zone will be replaced by a more specific Causeway zone.

Section 2. Chapter 133-11 of the Shelter Island Town Code entitled “Undeveloped Coastal Barrier District” shall be repealed.

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

11. Set a public hearing to be held at 5:15 p.m., prevailing time, on the 2nd day of December, 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 A LOCAL LAW TO AMEND TOWN CODE CHAPTER 43 OF THE TOWN CODE IN CONNECTION WITH THE LONG ISLAND UNIFIED SOLAR PERMIT INITIATIVE, to wit:

B E IT ENACTED by the Town Board of the Town of Shelter Island as follows:

S ECTION 1. Legislative Intent.

This amendment seeks to coordinate Town efforts to expedite the installation of solar energy systems and maximize rebates from the Long Island Power Authority and local, state and federal tax incentives by streamlining and standardizing the application process by adopting policies pursuant to the “Long Island Unified Solar Permit Initiative” or “LIUSPI.” The LIUSPI process calls for the creation of a “Solar Energy System Fast Track Application,” providing for an expedited and more uniform process that could be used by municipalities throughout Long Island, thereby ensuring local permitting consistency. As part of this process the amendment provides for: a) minimal fees; b) permit determination within 14 days; c) a Solar Energy Fast Track Application, including a Professional Engineer or Registered Architect certified drawing of panel location and layout; d) the creation of a central registry of solar installations; e) required warning labels on the utility meter and any AC disconnect switch.

S ECTION 2. Amendment.

Shelter Island Town Code Chapter 43 is hereby amended by adding Section 43-10.2 to read as follows:

§43-10.2. Residential Solar Installations.

A. Standard applications for residential solar installation that meet the “Fast Track” requirements as set forth below shall be (i) eligible for expedited review (with a

determination within 14 days of submittal of a completed application), (ii) exempt from any permit fee:

(1) The proposed solar installation shall be on the roof of a residential building or legal accessory structure with a single layer of roof covering. A waiver may be requested in writing from the chief Building Inspector for an installation on a second layer of roof covering.

(2) The proposed solar installation shall be flush-mounted parallel to the roof surface and no more than 6” above the surface with an 18” clearing at the roof ridge and an 18” clearing path to the ridge.

(3) The proposed solar installation shall create a roof load of no more than 5 pounds per square foot for photovoltaic (PV) and 6 pounds per square foot for residential solar hot water (RSHW).

(4) The system must be installed by a pre-screened contractor (See Fast Track

Application Terms and Conditions).

(5) The PV panels proposed to be used must have been certified by a nationally recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703 and inverters must be on a list of NYS Public Service Commission type-tested inverters which are tested by UL or other nationally recognized laboratories to conform with UL 1741: (See Solar Energy System Fast Track Permit Application Requirements Checklist).

(6) The proposed system must use RSHW equipment that has been certified by the Solar Rating and Certification Corporation under its OG-100 standard for solar collectors (See Solar Energy System Fast Track Permit Application Requirements Checklist).

(7) To the extent the application requires or includes use of other equipment such as modules, combiner boxes, and a mounting system, all equipment and systems must be approved for public use as described in the “Solar Energy System Fast Track Permit Application Requirements Checklist” and be in full compliance with all current National Electrical Code (NEC) requirements.

B. Applicant must complete and submit the uniform “Solar Energy System Fast Track Permit Application” and submit all documents as set forth in the “Requirements for Application Submittal” for standard installations.

C. Applicant must submit a Professional Engineer (PE) or Registered Architect (RA) – certified drawing (hand drawn or better) of the solar panel location and layout on the roof, as well as an equipment location diagram and a one line electrical diagram.

D. A Professional Engineer or Registered Architect must also certify the load bearing and wind load sufficiency of the proposed solar installation.

E. A new survey is not required, but if the solar energy system is proposed for an accessory structure on the residential property, the applicant shall provide an existing survey and demonstrate that the accessory structure is legal.

F. After the approval of an application for solar panel construction and/or installation,

applicant shall be required to affix a warning label on all utility meters and at any Alternating Current (AC) disconnect switch indicating that there is an operating solar electric co-generation system on site.

G. The Town must create and keep a registry by address of all residential and commercial energy devices, including solar installations.

S ECTION 3. Authority.

The proposed local law is enacted pursuant to Municipal Home Rule Law §10(1)(ii)(a)(12) and §10(1)(ii)(a)(14).

S ECTION 4. Severability.

If any section or subsection, paragraph, clause, phrase or provision of this law shall be

judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

S ECTION 5. Effective Date.

This Local Law shall take effect immediately upon filing with the Secretary of State.

12. PROPOSALS WANTED FOR COMMUNITY DEVELOPMENT PROGRAM

ANNOUNCEMENT OF PUBLIC HEARING

In 2012, the Town of Shelter Island expects to receive approximately $11,635.28 in Federal Community Development Block Grant funds. These funds may be used, and have been previously used for a variety of public service programs, neighborhood revitalization and public improvement activities directed at low and moderate income communities.

Eligible activities include: Acquisition and demolition of blighted property; Housing rehabilitation; Elimination of physical barriers for the handicapped; Public facilities and improvements; Street reconstruction; Code Enforcement; Public water projects; Economic Development; and Public Services (up to $5,000) to low and moderate income families, within a designated area.

Persons and organizations who seek funding for such programs are invited to attend a public hearing on the 2nd day of December, 2011, at 5:20 p.m., prevailing time, in the Shelter Island Town Hall, Shelter Island, New York, and all interested Town residents are invited to express citizen views on local housing and community development needs to be met with these funds.

A county-wide hearing will be scheduled at a later date for final review and comments on the county-wide development program.

13. In accordance with the provision of Section 103 of the General Municipal Law, sealed bids are sought and requested for the purchase of fuel oil for the Town of Shelter Island for the calendar year 2012 for the Medical Building, Highway Department building and the Youth Center/Legion Hall building.

Specifications for such bids may be obtained at the Office of the Shelter Island Town Clerk, Town Hall, 38 North Ferry Road, P. O. Box 1549, Shelter Island, New York 11964.

The sealed bids, together with a non-collusive bid certificate will be received by the Shelter Island Town Clerk at the Shelter Island Town Hall, Shelter Island, New York, until 11 a. m. on November 30, 2011, at which time they will be opened and read aloud in public.

All bids must be signed and sealed in envelopes plainly marked “BID ON FUEL OIL” and plainly addressed to the Town Clerk, Town of Shelter Island, P. O. Box 1549, Shelter Island, New York 11964.

The Shelter Island Town Board reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be in the best interest of the Town of Shelter Island to do so.

The bid price shall not include any Federal, State or Local Tax from which the Town of Shelter Island is exempt.

14. In accordance with the provision of Section 103 of the General Municipal Law, sealed bids are sought and requested for the purchase of propane for the Town of Shelter Island for the calendar year 2012 for the buildings located at the Town Hall Complex located at 38 North Ferry Road, the Police Department, the Town Hall of Justice, Youth Center/Legion Hall and ambulance building.

Specifications for such bids may be obtained at the Office of the Shelter Island Town Clerk, Town Hall, 38 North Ferry Road, P. O. Box 1549, Shelter Island, New York 11964.

The sealed bids, together with a non-collusive bid certificate will be received by the Shelter Island Town Clerk at the Shelter Island Town Hall, Shelter Island, New York, until 11 a. m. on November 30, 2011, at which time they will be opened and read aloud in public.

All bids must be signed and sealed in envelopes plainly marked “BID ON PROPANE” and plainly addressed to the Town Clerk, Town of Shelter Island, P. O. Box 1549, Shelter Island, New York 11964.

The Shelter Island Town Board reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be in the best interest of the Town of Shelter Island to do so.

The bid price shall not include any Federal, State or Local Tax from which the Town of Shelter Island is exempt.

15. In accordance with the provision of Section 103 of the General Municipal Law, sealed bids are sought and requested for the replacement of the existing boiler system in the Legion Hall located at 1 Bateman Road, Shelter Island, New York.

Specifications for such bids may be obtained at the Office of the Shelter Island Town Clerk, Town Hall, 38 North Ferry Road, P. O. Box 1549, Shelter Island, New York 11964.

The sealed bids, together with a non-collusive bid certificate will be received by the Shelter Island Town Clerk at the Shelter Island Town Hall, Shelter Island, New York, until 11 a. m. on November 30, 2011, at which time they will be opened and read aloud in public.

All bids must be signed and sealed in envelopes plainly marked “BID ON BOILER” and plainly addressed to the Town Clerk, Town of Shelter Island, P. O. Box 1549, Shelter Island, New York 11964.

The Shelter Island Town Board reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be in the best interest of the Town of Shelter Island to do so.

The bid price shall not include any Federal, State or Local Tax from which the Town of Shelter Island is exempt.

16. Adopted the preliminary budget, as amended, as the annual budget for the year 2012 for the Town of Shelter Island; said budget is available for public inspection at the Town Clerk’s Office, Town of Shelter Island, 38 North Ferry Road, Shelter Island, New York, during normal business hours.

17. The following resolution was duly adopted by the Town Board of the Town of Shelter Island on the 10th day of November, 2011, subject to permissive referendum, to wit:

“Whereas”, the Superintendent of Highways has requested permission to purchase one model 938H wheel loader, and

“Whereas”, the Superintendent of Highways wishes to expend funds from the Highway Equipment Capital Reserve Fund for said loader in the amount not to exceed $149,600.00, now, Therefore

BE IT RESOLVED, That the Town Board hereby approves the aforementioned expenditure and wishes to authorize the payment for said purchase, and

BE IT FURTHER RESOLVED, That within 10 days after the adoption of this resolution by the Town Board, the Town Clerk shall, as set forth in Town Law §90, post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution, concisely stating the purpose and effect thereof. Such notice shall specify that such resolution was adopted subject to a permissive referendum, upon such approval. This resolution is adopted subject to a permissive referendum pursuant to General Municipal Law 6-C, and shall not take effect until 30 days from the date of adoption.

18. Authorized the issuance of a permit to Shelter Island Associates, L. P., c/o Rainer Schoenbach, 37 Nostrand Parkway, to remove 248’ of existing seaward bulkhead, cut down and remove a significant portion of old landward bulkhead as required to allow construction of 248’ of new bulkhead in place, and revegetate disturbed areas landward of new bulkhead.

19. Authorized the issuance of a permit to 33 Nostrand, LLC c/o Andre Balazs, 33 Nostrand Parkway, to construct a 5’ x 100’ fixed dock with a 5’ x 40’ “L” at offshore end, stairways to beach, provide electric and water service at offshore end, and install one 2-pile dolphin in Shelter Island Sound.

DOROTHY S. OGAR, TOWN CLERK

TOWN OF SHELTER ISLAND

SHELTER ISLAND, NEW YORK

DATED: NOVEMBER 14, 2011

2706-1T 11/17