Legal Advertisements: Week of December 8, 2011

LEGAL NOTICE

OFFICIAL ANNOUNCEMENT

SALE OF 2010/2011

SUFFOLK COUNTY

TAX LIEN SALE

SUFFOLK COUNTY

TREASURER’S OFFICE

WHEREAS ARREARS of taxes on the following several tracts, lots, pieces or parcels of land, in the Town of Shelter Island, arising from the tax levy of 2010/11 and thereby charged and imposed pursuant to law remain due and unpaid; (The names given being those of the reputed owners or occupants as the same appear on the assessment rolls for said tax year, followed by the Suffolk County Tax Map Number ascribed to the parcel as the same appears on the said assessment rolls and amounts including the taxes, penalty, interest, expenses and other charges against the properties for such year.) Outstanding balances may be affected by acceptance of any partial payments made pursuant to Suffolk County Code Chapter 820 and/or the Suffolk County TaxAct § 47-a.

NOW, THEREFORE, under the authority given by law, notice is hereby given that, I, as Suffolk County Treasurer, shall on the 9th day of December, 2011, commence the taking of a tax lien on the following lots, tracts, pieces or parcels of land. The amount of such tax liens taken shall be for the amount of unpaid taxes, as shall be sufficient to pay all County, Town, Highway, School District or other taxes assessed thereon, according to or arising from the tax levy of 2010/11 that may then remain due on each thereof, respectively, together with the applicable interest, cost and charges which have arisen or accrued thereon. Such Tax Lien Sale is subject to the right of Suffolk County, pursuant to the provisions of Sections 45 and 46 of the Suffolk County Tax Act. Tax liens are subject to redemption pursuant to law, by paying to the County Treasurer for the use of the purchaser, his heirs, legal representatives or assigns the sums mentioned, together with interest and any other amount to which the purchaser may be entitled pursuant to law, and the respective charge of the expense of the publication of the notice to redeem the real estate for unpaid taxes as apportioned by the County Treasurer to the real estate so redeemed.

All parcels must be redeemed within twelve months after the date of such Tax Lien Sale except residential properties, which are defined as properties improved by a one, two or three family dwelling unit. The period of redemption for said residential properties shall be thirty-six months after the date of such Tax Lien Sale.

The final date for tax payments without advertisement charges and publications was August 31, 2011. Parcels appearing in this list upon which the taxes and other charges were paid after August 31, 2011, will not be taken for the Tax Lien Sale.

NOTICE IS FURTHER GIVEN that the County Legislature has passed a resolution pursuant to the authority contained in Sections 45 and 46 of the Suffolk County Tax Act which grants the County the option to reject any or all bids, and has authorized and directed the undersigned County Treasurer to bid in and purchase all of the tax liens. Accordingly, all bids on parcels will be rejected at the lien sale and all tax liens will be sold to Suffolk County at that time.

Angie M. Carpenter

Treasurer of Suffolk County

Town of Shelter Island 3-year

3 Smith Bradley C

0700.00100.0100.014000.0000

11,611.63

4 Salerno David

0700.00100.0100.046000.0000

2,172.74

6 Meridith Shelly

0700.00100.0200.012000.0000

5,020.97

8 Chang Arthur C

Thrush Allison L

0700.00300.0200.048008.0000

8,458.69

11 Endemann Deborah

0700.00500.0400.022000.0000

323.89

13 Keenland Associates, Inc

0700.00500.0600.021000.0000

6,862.35

15 Clark Dennis M & Ellen

0700.00700.0300.048000.0000

6,785.40

19 Boylan Beatrice

0700.00800.0200.048000.0000

1,823.11

23 Burden Jonathan M

Joseph Jennifer

0700.00800.0300.046001.0000

2,636.40

24 Forsgren John H

0700.00800.0300.062000.0000

688.41

28 Vlassara Helen

0700.01000.0100.012000.0000

899.92

30 Beggins Family Ltd Liability

0700.01000.0100.036026.0000

344.17

31 Land James N III

0700.01100.0200.024000.0000

643.05

37 Schultheis John

0700.01400.0100.058005.0000

2,404.57

39 Smyth Edward & Rima

0700.01400.0200.061007.0000

3,000.70

43 S. I. Gardens Land, LLC

0700.01500.0300.012003.0000

4,200.41

45 Bucalo Stephanie

0700.01500.0300.067000.0000

2,704.07

46 Smith Peter

0700.01500.0300.090000.0000

1,299.16

48 Eicke Elefriede Hoffman

0700.01500.0300.094000.0000

1,252.01

55 Schultheis Anne

0700.01700.0100.008000.0000

21,734.17

58 Sulahian William R & Jill M

0700.01700.0100.057000.0000

2,914.60

60 Ramsay Peter A & Cindy A

0700.01700.0200.067000.0000

43.31

63 Wright Simone B

0700.01800.0200.024001.0000

5,915.16

65 Grossman Isidore David

0700.01800.0200.034000.0000

44.83

66 Pfriender George

0700.01800.0200.060000.0000

4,954.72

72 Orenstein Manny

Magnani Gabrielle

0700.01900.0200.004000.0000

2,954.33

79 Hines Andrew P

0700.02200.0100.004003.0000

543.32

80 Folded Wings, LLC

0700.02200.0100.006000.0000

13,466.27

83 Tetreault Linda F

0700.02200.0100.149000.0000

10,876.35

86 Dalton E.C

0700.02200.0200.058000.0000

10,904.30

87 Morris Matthew P

Roig Cristina

0700.02300.0100.007000.0000

3,745.88

89 Shpigel Alex

Arfa Rachel

0700.02300.0100.024006.0000

22,739.55

94 Kesler Scott

0700.02500.0100.044000.0000

2,354.89

95 Bowman Angela

0700.02500.0100.058000.0000

3,596.83

96 Fanelli Loretta G

0700.02600.0100.005000.0000

4,954.71

98 Savage Ian R

Nowika Rachel M

0700.02600.0100.019000.0000

25.15

99 Paradise Pt. Oyster Farms, Inc

0700.02800.0100.013000.0000

148.97

100 Paradise Pt. Oyster Farms, Inc

0700.02800.0100.015000.0000

410.10

101 Paradise Pt. Oyster Farms, Inc

0700.02800.0100.019000.0000

25.06

102 Paradise Pt. Oyster Farms, Inc

0700.02800.0100.021000.0000

94.59

103 Paradise Pt. Oyster Farms, Inc

0700.02800.0100.022000.0000

132.53

126 L I Oyster Farms, Inc.

0700.02800.0100.094000.0000

33.28

Town of Shelter Island 1-year

500001 Stern Peter H

0700.00100.0100.027000.0000

38.51

500008 J & L Shelter Island Inns, Inc

0700.00500.0500.012000.0000

3,259.30

500010 Eklund James W & Linda C

0700.00500.0500.026000.0000

2,342.47

500015 Moore Peter

0700.00900.0100.001001.0000

315.42

500017 Hathaway Realty Corp

0700.01000.0100.007009.0000

10,394.24

500018 Eklund James W & Linda

0700.01000.0100.036001.0000

2,440.45

500019 Patricia S Liddle 1998 Trust

Arturo Soria

0700.01200.0100.021000.0000

156.42

500029 Smyth Edward & Rima

0700.01400.0200.061003.0000

1,261.75

500030 Smyth Edward & Rima

0700.01400.0200.061004.0000

1,139.40

500031 Smyth Edward & Rima

0700.01400.0200.061005.0000

1,377.88

500032 Smyth Edward & Rima

0700.01400.0200.061006.0000

1,169.22

500033 Smyth Edward & Rima

0700.01400.0200.061008.0000

208.11

500034 Smyth Edward & Rima

0700.01400.0200.061009.0000

243.87

500038 S. I. Center Property, LLC

0700.01500.0300.042000.0000

3,702.59

500039 Corradi Richard E

Corradi Robert

0700.01500.0400.034000.0000

1,609.70

500042 Robinson Theodore

0700.01800.0100.023001.0000

7,760.54

500043 Wright Simone B

0700.01800.0200.028001.0000

184.26

500044 Wright Simone B

0700.01800.0200.029002.0000

152.47

500045 REJ Enterprises of NY, Inc

0700.01900.0100.090007.0000

1,099.67

500046 Foley Michael

0700.01900.0100.090010.0000

1,099.67

500048 Rafuse Andrew J

0700.02200.0100.007000.0000

11,030.70

500049 Bowman Angela

0700.02200.0100.146000.0000

1,101.99

500057 Bowman Angela

0700.02500.0100.057000.0000

910.92

2709-2T 12/1, 8

LEGAL NOTICE

The Shelter Island Fire District is securing bids for fuel oil for the 2012 calendar year for the heating of the Shelter Island Fire District buildings located on Shelter Island, New York. This bid should include fuel oil, 24-hour service, annual cleaning and a service contract. This bid should also include the agreement that the tanks should be filled immediately before any major weather disturbance such as a hurricane or a northeaster that is forecast by the National Weather Service.

Please present your bid by January 3 2012, 8 P.M. to Jacqueline Tuttle, secretary of the district, at the meeting, which will be held at main fire headquarters, 49 North Ferry Road, Shelter Island, NY or by mail to P O Box 500. Shelter Island, NY, before the meeting.

A notarized non-collusion form must be submitted with the bid. All bids must be placed in sealed envelopes labeled fuel oil bid.

The Shelter Island Fire District reserves the right to accept, reject or modify any bid received if it determines it is in the best interest of the district.

Jacqueline A.P. Tuttle

Secretary

Shelter island Fire District

2711-2T 12/1, 8

LEGAL NOTICE

The regular and organizational meeting of the Shelter Island Fire District will be held on January 3, 2011 at 7 P.M. in the Commissioners Office at Station One, 49 North Ferry Road, Shelter Island, NY.

Jacqueline A.P. Tuttle, Secretary

Shelter island Fire District

2712-2T 12/1, 8

LEGAL NOTICE

The Shelter Island Fire District is securing bids for propane for the 2012 calendar year. This bid should include propane, 24-hour service, annual cleaning and a service contract. This bid should also include the agreement that the tanks should be filled immediately before any major weather disturbance such as a hurricane or a northeaster that is forecast by the National Weather Service.

Please present your bid by January 3, 2012, 8 P.M. to Jacqueline Tuttle, secretary of the district, at the meeting, which will be held at Station One, 49 North Ferry Road, Shelter Island, NY or by mail to P O Box 500. Shelter Island, NY, before the meeting.

All bids should be placed in sealed envelopes labeled propane bid. A notarized non-collusion form must be submitted with the bid.

The Board of Fire Commissioners reserves the right to accept, reject or modify any bid received if it determines it is in the best interests of the Shelter Island Fire District.

Jacqueline A.P. Tuttle, Secretary

SI Fire District

2713-2T 12/1, 8

LEGAL NOTICE

NOTICE OF MONTHLY MEETING

OF THE BOARD OF TRUSTEES

OF THE INCORPORATED 

VILLAGE OF DERING HARBOR

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Dering Harbor will hold its December 2011 meeting on Saturday, December 17, 2011, at 10:00 a.m. at the Dering Harbor Village Hall, 23 Locust Point Road, Dering Harbor, New York.

Dated: December 8, 2011

Laura Hildreth

Village Clerk

Incorporated Village of Dering Harbor

Suffolk County, New York

2715-1T 12/8

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN, That on the 2nd day of December, 2011, the Town Board of the Town of Shelter Island duly adopted resolutions concerning the following, to wit:

1. The work session scheduled to be held at 1 p. m. on December 27, 2011 is hereby canceled, the Annual Meeting for the year 2011 will be held at 1 p. m. on December 29, 2011, and the Organizational Meeting for the year 2012 will be held at 2 p. m. on the 3rd day of January, 2012, in the Shelter Island Town Hall, Shelter Island, New York.

2. Set a public hearing to be held at 4:45 p. m., prevailing time, on the 13th day of January, 2012, pursuant to Section 90-5 of the Code of the Town of Shelter Island, in the Shelter Island Town Hall, Shelter Island, New York, for all interested persons to be heard in favor of or in opposition to the application of Elihu Inselbuch, 4 Cove Way, to install a mooring in Menantic Creek approximately 60 feet from end of applicant’s dock at a location designated as latitude 41.0686° N and longitude 72.34652° W; said mooring location was formerly occupied by the W-2611 Marcello & Virkus mooring.

3. Set a public hearing to be held at 4:46 p. m., prevailing time, on the 13th day of January, 2012, pursuant to Section 53-9 of the Code of the Town of Shelter Island, in the Shelter Island Town Hall, Shelter Island, New York, for all interested persons to be heard in favor of or in opposition to the application of Elizabeth Pedersen, 91 Ram Island Drive, to construct 235’ of low profile rock revetment using varying rock size from 1 to 3 ton rocks, regrade and revegetate disturbed areas with Cape American Beachgrass.

4. Set a public hearing to be held at 4:47 p. m., prevailing time, on the 13th day of January, 2012, pursuant to Section 53-9, of the Code of the Town of Shelter Island, in the Shelter Island Town Hall, Shelter Island, New York, for all interested persons to be heard in favor of or in opposition to the application of Leonard Genovese, 5 East Brander Parkway, to revise the 12’ x 40’ offshore end of existing dock by removing an 8’ x 34’ section, reframe remaining portion and install a new 32” x 12’ seasonal aluminum ramp onto a 6’ x 20’ seasonal floating dock secured in place by two 2-pile anchor pilings, install two new 2-pile mooring dolphins to replace existing, and remove the existing 6’ x 8’ dock section seaward of the new floating dock in West Neck Creek.

5. Set a public hearing to be held at 4:48 p. m., prevailing time, on the 13th day of January, 2012, pursuant to Section 90-5 of the Code of the Town of Shelter Island, in the Shelter Island Town Hall, Shelter Island, New York, for all interested persons to be heard in favor of or in opposition to the application of Congdon Point LLC, 34 A North Cartwright Road, to install a mooring in Coecles Harbor approximately 890 feet southeast of St. Gabriel’s dock and approximately 100 feet northeast of applicant’s dock at a location designated as latitude 41.41664° north and longitude 72.18435° west.

6. Authorized the issuance of a permit to Pauline M. Goldberg, 5 Montclair Avenue, to remove and replace 100 feet of bulkhead in same location and 1 foot higher and backfill with 30 cubic yards of clean upland fill.

7. Authorized the issuance of a permit to 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 to correct extreme damage caused by Hurricane Irene on August 27 and 28, 2011.

8. Authorized the issuance of a permit to 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 feet 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 foot wide non-turf buffer landward of bulkhead, and revegetate with Cape American beachgrass to correct extreme damage caused by Hurricane Irene on August 27 and 28, 2011.

9. Authorized the issuance of a permit to the Breithaupt Family Trust, 20A Winthrop Road, to construct a 3’ x 10’ ramp to a 3’ x 40’ fixed catwalk, construct a kayak storage rack at offshore end of catwalk and install one aluminum ladder in Gardiner’s Creek.

10. After holding a public hearing on the 2nd day of December, 2011, on the proposed use of approximately $11,635.28 in federal community development block grant funds the Town of Shelter Island expects to receive in 2012 and hearing all interested Town residents express citizen views on local needs to be met with these funds, the Town Board determines that said funds shall be designated to be used for necessary repairs to the kitchen at the Senior Center to bring facility up to Department of Health standards for meal preparation.

11. Adopted Local Law No. 6 – 2011 entitled A LOCAL LAW TO AMEND TOWN CODE CHAPTER 43 OF THE TOWN CODE IN CONNECTION WITH THE LONG ISLAND UNIFIED SOLAR PERMIT INITIATIVE. A complete copy of said Local Law is available in the Town Clerk’s Office during normal business hours.

12. Adopted Local Law No. 7 – 2011 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 table below. 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.

ey:

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 wetland 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.

i. Copies of all other necessary permits.

B. Design specifications for Causeway Wetlands Permit.

All applications for a Causeway Wetlands Permit shall meet the following design specifications in addition to the design specifications for all wetlands permits.

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 shall 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 shall be replanted with native vegetation. No lawns, non-native plantings or plantings that require irrigation or fertilization are allowed 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 the 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 pre-existing erosion protection structures is allowed in accordance with Section 133-23.

b. No new bulkheads, docks or shoreline hardening devices can 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, shall 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 the wetlands, 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 shall 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 shall 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.

F. The Town Board may waive some of the causeway wetlands permit requirements in order to achieve goals that further the stated purpose of the causeway wetlands permit legislation, but shall provide a written analysis of any such waivers.

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

§ 129-5.2. Permitting Body for Causeway wetlands permit.

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 outermost projections of the building/structure using a direct overhead view and 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 pre-existing 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 property 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.

13. Adopted Local Law No. 8 – 2011 entitled AMENDMENT TO CHAPTER 133, RE: CAUSEWAY DISTRICT. A complete copy of said Local Law is available in the Town Clerk’s office during normal business hours.

14. Adopted Local Law No. 9 – 2011 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.

DATED: DECEMBER 5, 2011. DOROTHY S. OGAR, TOWN CLERK

TOWN OF SHELTER ISLAND

SHELTER ISLAND, NEW YORK

2716-1T 12/8

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that the Shelter Island Town Planning Board will hold a public hearing at 7:05 p.m. prevailing time on December 13, 2011, in Shelter Island Town Hall, Shelter Island, New York, at which time all interested parties shall be heard regarding the final plat application of AMERICAN DIRECT, LLC for a subdivision of lands purportedly owned by it, located in the “District A (Residential)” zoning district, as well as the “Near Shore and Peninsular Overlay District” of the Town, at the southerly terminus of Shorewood Court and on Shelter Island Sound. The lands are also identified as Parcel No. 0700-26-1-1.004 on the Suffolk County Tax Map and as Lot number 4 on the Subdivision Map of HOC Investments, previously approved by the Planning Board by Resolution #7 of 2005 on February 8, 2005. The application proposes to subdivide a 7.521-acre parcel (327,638 square feet), which contains a house under construction, water tower, boat house, and other accessory structures, into two lots, one of which (lot “1”) would be an interior parcel (with no water frontage) having an area of 60,000 square feet or 1.3777 acres, and the second of which (lot “2”) would be a waterfront parcel having an area of 267,638 square feet or 6.144 acres. The proposed subdivision is depicted on a map entitled “Proposed Subdivision Map for American Direct LLC,” dated August 5, 2008 and last revised March 22, 2011, prepared by Robert A. Smith, LS, of Squires, Holden, Weisenbacher & Smith, which map is available for review at the office of the Shelter Island Planning Board.

DATED: November 10, 2011

PAUL E. MOBIUS, CHAIRMAN

SHELTER ISLAND TOWN 

PLANNING BOARD

SHELTER ISLAND, NEW YORK

2717-1T 12/8