Consensus on significant issues relating to Shelter Island moorings — such as the meaning of “resident” — is solidifying after a combined meeting of the Waterways Management Advisory Council and the Town Board.
WMAC chair John Needham and WMAC Town Board liaison BJ Ianfolla deftly plotted a course through tricky issues Monday. They even found a way through the murky realms of LLCs. At the Town Board work session on Tuesday, council members said they were generally pleased with the outcome.
Resident and domicile
The joint meeting was an opportunity for new Town Attorney Stephen F. Kiely to show how he’ll help shape Town Code. The first test is to define “resident” — at least for moorings.
Kiely advocates an approach to Town Code reform that looks at each problematic section individually rather than applying broad definitions across the entire code.
The Town Board tried the latter course last year but abandoned ship as complexities mounted.
In the case of “resident,” Kiely said, the Town may prefer in certain areas to stretch the meaning to include transients, such as hotel guests and people visiting or renting homes for short terms. For example, to issue beach stickers for their vehicles.
But in other parts of the code, residency might apply only to those domiciled on Shelter Island — i.e., living here (whether owning or renting a home) or “intending to return and remain after being away,” which captures the experience of snow-birds and summer folk.
Kiely largely agreed with WMAC member William Geraghty — also an attorney — that the mooring code should match the WMAC practice of considering as residents only those domiciled on Shelter Island.
He affirmed at Tuesday’s work session that he’ll tweak the portion of code relating to moorings to make it “domiciliary.” Any code change, of course, is subject to a public hearing and Town Board approval.
The Town Board also agreed the WMAC, at a future meeting, should provide guidance on topics such as should the Town:
- limit moorings per household?
- charge higher fees?
- charge by boat length?
- shorten the permit duration?
- add new moorings where capacity allows?
Residential moorings
Anyone meeting the current code description can apply for three residential moorings. Each must be connected to a specific vessel, and the vessel registration should match the mooring permit.
An exception is made for riparian moorings — connected to a specific waterfront property. If you have a waterfront parcel, you can apply for a riparian mooring as a matter of right. In such cases, the property owner’s first riparian mooring need not link to a specific boat.
In all the Town regulates between 700 to 800 moorings in a typical year, Needham said.
So what happens when the applicant is an LLC?
In the past, to maintain the three-mooring limit, the WMAC has approved applications from LLCs only when a natural person could be identified and linked to the boat in question.
But last year, the WMAC had its first encounter with an LLC where the owner — for what Needham felt were legitimate privacy concerns — did not want to be identified in public records.
Needham crafted a work-around using the property manager as the person responsible for the vessel. Furthermore, the draft permit (it is pending approval) limits the LLC’s owner to three moorings anywhere on Shelter Island, regardless of how many properties the individual might possess.
The situation focused attention on the growing use of LLCs and the new reality that people domiciled on Shelter Island might have ownership interests in numerous LLCs. WMAC members want the Town Code to provide clear direction in order to make sure no one is skirting the three-mooring limit.
As a result, the WMAC and Town Board agreed Kiely should investigate and recommend code changes that enable the Town to identify LLC members (even if their names aren’t disclosed publicly). If needed, the Town Board will consider a moratorium on new LLC mooring applications until it can resolve the issue.
Commercial moorings
Recently, the Town Board approved the WMAC’s recommendation to transfer eight commercial moorings from the old to the new owner of The Ram’s Head Inn. The regulators consulted 11 guidelines established by the WMAC and codified by the Town Board (see them here).
Some residents — particularly those on Little Ram and Big Ram islands — strenuously objected to the transfer. They argued that The Ram’s Head Inn does not meet some of the 11 items. (Read our coverage here.)
At Monday’s meeting, Kiely said the items aren’t individually “determinative.” Instead, the WMAC and Town Board should use them to evaluate an operator’s ability to manage the moorings. But regulators can be flexible, and a commercial mooring operator need not meet every criterion.
Kiely will draft an amendment to the commercial mooring portion of the code for a 12th item: a requirement that the owner or manager of a commercial mooring is domiciled on Shelter Island.
What’s the saturation point?
In a related issue, the Town Board asked the WMAC to map out all mooring locations, and show where there may be room to add more. Long waitlists currently exist in some harbors, Supervisor Gerry Siller said.
“We’re looking for the saturation point,” he said. “What areas are filled? Where are they waiting for moorings?”
While waitlists aren’t new, the Town may wish to alter commercial mooring fields, he said.
“The claim is the commercial moorings are taking up space that residents want,” he said. “I need to see some proof of that.”
Fewer moorings today than 10 years ago
No WMAC member expressed concern about an imminent shortage. In fact, they agreed the Town manages fewer moorings today than 10 years ago.
WMAC member Mike Anglin installs mooring tackle and formerly operated a commercial mooring field as an owner of Jack’s Marine. Stacey Soloviev recently purchased the business and its dozens of commercial moorings — a formal transfer is pending.
Anglin said commercial moorings provide essential services for Island guests and contribute meaningfully to the Island’s economy.
What’s more, the WMAC has always been able to find room for residential moorings, if not always in the applicant’s preferred location.
Needham’s family runs Coecles Harbor Marina, which operates commercial moorings. He noted that the business property taxes are partly based on the value of those moorings. This enables the Town to capture tax revenue from commercial mooring fields without the expense of operating transient moorings.
Regarding the demand for moorings, Needham said it’s fallen off as boating has become more expensive. Higher prices for basics like engines mean, “the less financially-sound guys are being pushed out.”
The Town manages fewer moorings than in past years when the total exceeded 1,000. In some areas, “there’s more space now than there was 10 years ago,” Needham said.
WMAC membership
The last item of business was to review WMAC membership. The board has seven seats. Councilman Jim Colligan, who has been WMAC liaison for six years, said members who wish to stay on typically send a letter requesting a re-appointment.
Terms for James Eklund and Mike Anglin expire this month. Both said they’ve sent letters to the Town Clerk. The Town Board members said they’d take them up as soon as the clerk’s office processes them.
Recently, shellfishermen Bert Waife, who also installs marine tackle, complained to the Town Board that he had been asking for years to rejoin the WMAC after being let go when the council downsized to seven members. (He also alleged that Anglin profited from his WMAC position by charging clients to manage permit applications, a claim the Town Board will ask its independent ethics committee to investigate. Anglin has said he recused himself from voting on client applications.)
Needham said he’s satisfied with the current membership. The makeup of the WMAC ensures the three principal harbors — Coecles, Dering and West Neck — are represented by two people familiar with the area.
