In a busy brief business meeting Wednesday, the Town Board set public hearings on proposals to extend the six-month large house moratorium, enact a new dock moratorium, and update the shellfish law.
If you to be heard on any of these topics, plan to attend public hearings at Town Hall set for Tuesday, December 12, starting at 6 PM.
[The board also approved a permit application for Brian Carroll to build a new dock at 58 Tuthill Drive to replace an existing platform; follow this link to find details.]
The Town Board cites as the primary reason for the large house moratorium extension the significant amount of public comment submitted about the draft Comprehensive Plan Update. The committee reviewing the feedback has been meeting frequently but has not yet completed its work. A Town subcommittee that’s evaluating the special permit review process for homes with 6,000+ square feet of living area could also use more time.
The Town Board also needs time to consider any resulting recommended changes to the zoning code “to ensure that homes are in keeping with the character of Shelter Island and do not create excessive environmental harm.”
The moratorium took effect on June 20 and was to last for six months, ending December 20. The extension would keep it in place until June 2024. See the relevant text of the proposed moratorium extension at the bottom of this post.
Acting on a proposal from the Waterways Management Advisory Council, the board seeks public comment on whether it should enact a six-month moratorium on applications for new docks. The WMAC said it would use the time to fine-tune the Town Code relating to new docks to ensure they’re “designed in a way that they do not create any environmental harm, are located in suitable and safe locations, and do not negatively impact the use and enjoyment of our waters by residents and their guests.”
During lengthy meetings over the past two years, the WMAC has attempted to work with property owners to modify applications for docks that, while allowed by code, in the view of WMAC members, failed to meet the criteria outlined above. The WMAC has advised against allowing certain docks, but the Town Board has had to approve applications that meet the current code. The council has agreed to address these issues during meetings in the next few months with the goal of drafting proposed code changes for the Town Board to review.
The long-sought overhaul of the Town Code relating to shellfish aims to:
- correct an inconsistency between the Town of Shelter Island and all other East End towns that protect local commercial shellfisheries by limiting the taking of shellfish to residents of that town
- protect local shellfish stocks for commercial and recreational taking during a time of decline
- improve the permitting process
- increase fines for offenses
Among the many changes worked out during extensive review with local baymen, the revised law would remove a prohibition against returning starfish and whelks that’s been on the books for many years. To review all the specific changes, read the version of the new shellfish law on the Town Board agenda, which has underlining for new parts, strikethrough for removals, and links to relevant Town Code. It starts on page 5.
Senior citizens’ tax exemption
Also, on December 12, the Town Board will hold a public hearing on whether to exclude from income calculations any Social Security benefits that were not in an applicant’s federally adjusted gross income and to include any distributions received from an individual retirement account or individual retirement annuity.
Seniors with incomes of $58,400 or less are eligible for the senior exemption, which the Town is required to offer under federal law. Town Assessor Judith Lechmanski asked the board to consider new options in income calculations, which may result in more seniors eligible for the exemption.
Currently, 92 seniors are eligible, and they are exempted from about half their Town tax bill, Lechmanski said. She will work individually and confidentially with applicants to ensure eligibility. If you’re interested, contact her at jlechmanski@shelterislandtown.gov.
Other upcoming public hearings
Also, on December 12, the Town Board will hold a public hearing on whether to use $11,900 in Water Quality Improvement funds to pay the Peconic Estuary Partnership’s annual dues for 2023.
It will also hold these waterways hearings (times approximate):
- 34 Shelter Island Associates, c/o Ken Tropin, 3 Sylvester Road, to remove, dispose of, and construct new in-kind and in-place 115 feet of bulkhead, 6:10 PM
- Shelter Waterfront Association LLC, c/o Ken Tropin, 1C Sylvester Road, to remove and install in-kind and in-place an 8,000-pound boat lift, 6:16 PM
- Thomas Bliss, 32 Baldwin Road, to install a mooring in Menantic Creek at latitude 41.05657° N and longitude 72.34161° W, 6:14 PM
Financial transactions
The board ratified a grant submission for $35,862 to the NYS Division of Criminal Justice Services Law Enforcement Technology Program for the purchase of license plate readers and surveillance cameras for use by the SIPD. It approved these other financial transactions:
- $59,700 contract with Cullen & Danowski, LLP for financial accounting services
- $671.43, Carr Business Systems annual billing, with $335.72 from the Building Department contracts account and $335.71. from the Zoning service contracts account
- $10,500, Edmunds GovTech, for Town Clerk software
The board approved these budget and inter-fund transfers and changes:
- $10,500 from A1410.101 to A1410.200 Town Clerk equipment account
- $32,532.90 from A1990.400 Contingent to A3120.100 OT Police Department
- $1,411.32 from Community Preservation Fund to Highway DA Fund
- $14,355.05 from Highway DA Fund to General Fund A
- $20,250.07 from Highway Equipment Capital Reserve to Highway DA Fund
- $8,600 increase to A2770D Police Auction revenue code and increase to A 3120.272 Police Car new expenditure code
It approved these claims:
- $156,667.73 in General Claims No. 1968 to 2162
- $25,628.53 in Highway Claims No. 201 to 217
- $11,104.35 in Community Preservation Claims No. 20 to 23
Appointments
The board appointed:
- Ray Sanwald, part-time laborer at $24.89 per hour, not to exceed 20 hours per week retroactive to November 6
- Giovanna Ketcham, on-call cook as needed for Nutrition Program, $24.50 per hour retroactive to November 11
- Frank Emmett, part-time driver at $24.89 per hour retroactive to October 26
Board grants Carroll dock permit
The board granted a permit to Brian Carroll of 58 Tuthill Drive to build a new dock to replace an existing offshore platform. The proposed dock application was the subject of wide-ranging discussion at the Waterways Management Advisory Committee meetings.
Here’s what the Town Board permitted, with all the usual caveats about insurance:
- remove the existing offshore platform
- elevate the existing stone patio 16 inches with an 8-inch step on each side
- construct a new 4-by-64-foot by 6-inch catwalk leading to a 3-by-12-foot aluminum ramp onto an 8-by-24-foot float secured with two anchor pilings
- install two 2-pile 10-inch mooring dolphins
The board’s reasoning to support the application is the dock won’t cause an obstruction into navigable channels or interfere with navigation and won’t adversely affect:
- the public’s right to use Town waters or land under Town waters
- shellfishing grounds or other aquatic wildlife which may exist in the immediate area
- the quality of the tidal waters, shoreline, or beaches
- the rights of adjacent residents
Large house moratorium extension text
BE IT RESOLVED that the Town Board of the Town of Shelter Island hereby directs that a public hearing shall be held on Tuesday, December 12, 2023, at 6:00 p.m. prevailing time, to hear any and all persons either for or against a local law entitled “A LOCAL LAW to extend
the moratorium on the processing and approval of special permits by the Town Board in connection with applications for one-family dwellings and accessory structures with a square foot living area of greater than 5,999 square feet by six months,” which provides as follows:
LOCAL LAW NO.__ of 2023
A LOCAL LAW entitled “A LOCAL LAW to extend the moratorium on the processing and approval of special permits by the Town Board in connection with applications for one family dwellings and accessory structures with a square foot living area of greater than 5,999 square feet by six months” which provides as follows:
BE IT ENACTED by the Town Board of the Town of Shelter Island as follows:
Section 1. Legislative Intent.
Due to the Comprehensive Plan being updated and concerns over the number of large homes being built on the Island, by Local Law No. 5 of 2023, the Town Board of the Town of Shelter Island enacted a six-month moratorium on the processing and approval of special permits by the Town Board in connection with applications for one-family dwellings and accessory structures with a square foot living area of greater than 5,999 square feet. Said moratorium became effective on June 20, 2023, when Local Law No. 5 was filed with the Secretary of State. Since the enactment of the moratorium, the Comprehensive Plan Advisory Committee has made significant progress toward completing a draft Comprehensive Plan Update to present to the Town Board. However, a significant amount of public comment was provided on the draft, and is currently being reviewed. Additionally, a Town subcommittee was formed and has been evaluating the subject special permit process and will be presenting options to the Town Board, to be concurrently reviewed with the Comprehensive Plan Update. Therefore, it is necessary for the moratorium to be extended to afford sufficient time for the adoption of the Comprehensive Plan Update and the adoption of any resultant Zoning Code amendments.
Section 2. Moratorium Extended Term.
A. Local Law No. 5 of 2023 imposing a six-month moratorium on the processing and approval of special permits by the Town Board in connection with applications for one-family dwellings and accessory structures with a square foot living area of greater than 5,999 square feet is hereby extended for an additional six-month period of time through June 20, 2024.
B. Except as otherwise amended herein, all of the provisions of Local Law No. 5 of 2023 shall be extended for an additional six-month period of time through June 20, 2024.
Section 6. Authority.
The proposed local law is enacted pursuant to the New York State Constitution Article IX and Municipal Home Rule Law §10.
Section 7. Supersession.
To the extent that any provisions of this Local Law are construed as inconsistent with the provisions of New York State Town Law Sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and 276, this Local Law is intended pursuant to New York State Municipal Home Rule
Law sections 10(1)(ii)(d)(3) and section 22 to supersede any said inconsistent authority.
Section 8. Severability.
If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged 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, provisions so adjudged to be invalid or unconstitutional.
Section 9. Effective Date.
This local law shall take effect upon the filing with the Secretary of State pursuant to
Municipal Home Rule Law.
AND BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized and
directed to publish the following Notice of Public Hearing:
SUMMARY OF PROPOSED LAW
The purpose of this law is to extend the moratorium on the acceptance and processing of special permit applications for larger homes, with a square foot living area that exceeds 5,999 square feet, by six months so that the comprehensive plan may be updated and any resultant zoning codes adopted so as to ensure that homes are in keeping with the character of Shelter Island and do not create excessive environmental harm.
