After oft-reconvened public hearings on Friday, the Town Board approved a July request from Aandrea Carter, the new owner of The Ram’s Head Inn, to transfer eight commercial moorings. They previously belonged to James and Linda Eklund, its former owners.
(In other business, the board approved a resolution to create a Community Housing Fund Advisory Board; finalized a wetlands permit; made appointments, and took care of financial transactions — scroll down to see details).
[Editor’s note: this post was updated to clarify a homeowner’s location in relation to The Ram’s Head Inn; the Demarest property abuts the inn]
Eight Ram’s Head Inn commercial moorings
In August, when the board first held public hearings, Carter said the Coecles Harbor moorings factor substantially into the business’s success. They account for many diners over a summer day at the inn’s restaurant.
Supervisor Gerry Siller said Friday the primary hang-up was Town Code definitions of the word “resident” conflicted, particularly regarding mooring permits. That led the Town Board to suspend the hearings last fall, pending approval of unified definitions. (See the Town Attorney’s working draft definitions here.)
Since then, however, Carter reportedly obtained the residential property next door to the inn (formerly owned by the Bennett family). By doing so, she became a legal resident of Shelter Island.
Town Attorney Bob DeStefano Jr. said under Town Code, anyone who resides here for six months can apply for a mooring permit. However, for commercial moorings, the business owner — or a majority of owners — must reside here. But no minimum time of residency is specified.
As a result, the Town Board determined that Carter, as a resident and the sole business owner, was eligible for the moorings.
A lengthy back-and-forth with other residents of the Rams ensued. Then, the board unanimously approved the eight moorings for Ram’s Head Inn LLC and Aandrea Carter. They’re located as follows:
- C-1107, latitude 41.07961° north and longitude 72.29765° west
- C-1108, latitude 41.07919° north and longitude 72.29781° west
- C-1109, latitude 41.07873° north and longitude 72.29795° west
- C-1110, latitude 41.07961° north and longitude 72.29771° west
- C-1111, latitude 41.07397° north and longitude 72.29818° west
- C-1112, latitude 41.07888° north and longitude 72.29823° west
- C-1113, latitude 41.07935° north and longitude 72.29881° west
- C-1114, latitude 41.07895° north and longitude 72.29878° west
Long, often testy, debates
The public hearings began in August and reconvened in September and October.
As during past sessions, most who spoke were strongly opposed to the transfer. Bob Kohn, who lives on Big Ram Island, was the only neighbor who spoke in favor on Friday.
But first up was Kim Bonstrom, also of Big Ram Island. He complained that neighbors (and the public) had insufficient notice, as the board’s agenda wasn’t posted until 2 PM Friday.
Siller said Town Hall and the Town Clerk’s office — down a deputy since Sharon Jacobs retired last month — are understaffed. However, the town is working to hire for open positions as quickly as possible, he said.
Bonstrom rejected Siller’s assertion that he mentioned reopening the hearing during the board’s January 4 meeting. “There’s a record of the meetings, Gerry,” he said.
[Editor’s note (updated with input from a reader): For whatever its worth, a review of the YouTube recording from January 4 shows that starting at 56:41, the supervisor did say he intended to address the moorings on January 7. Later in the recording, Pam Demarest asks if a decision has been made, but gets vague answers. Siller says “I’m not sure that’s what we decided” and Councilman Jim Colligan says “it sounds premature.”]
Moving on from the testy exchange over who said what and when Bonstrom accused the board of failing to address complaints about Carter’s use of the moorings.
“We’ve had multiple large motor yachts rafted on those eight moorings,” Bonstrom said. “We have an unlicensed launch that is not only servicing those moorings but is taking people far afield. These have all been documented to the Town Board. But there has been no enforcement whatsoever.”
Moreover, Bonstrom said, the new members of the Town Board need time to educate themselves about the issues.
But newly-elected Councilwoman BJ Ianfolla said she has a boat moored in Coecles Harbor near the inn’s moorings. Larger boats don’t necessarily constitute an expansion of use, she said. And, boats have rafted there for a long time.
“No they haven’t,” Bonstrom said. “I’ve lived here for 23 years.”
“I’ve lived here longer; that doesn’t mean anything,” Ianfolla replied.
Later in the discussion, Bill Geraghty, a member of the Town’s Waterways Management Advisory Council, clarified that Town Code prohibits simultaneous occupancy of a mooring by more than one vessel and its tender for more than three hours.
“It’s in the code,” he said. “It’s enforced on moorings but not in the transient mooring areas.”
About moorings, not the dock
Further compounding matters, Bonstrom said, Carter continued to use a dock built long ago by the Eklunds on Town-owned land.
Siller said the Town Board told Carter it would remove the controversial dock and that in the future, vessels taking passengers to and from the moorings should use the inn’s beach for shore access.
The focus of Friday’s reconvened hearings was the moorings, not the dock, Siller said. And, the board would take up concerns common to all commercial moorings at a later date.
Kohn agreed; with Carter’s residency decided, “the moorings are completely divorced from these other issues.”
“Those issues are important; they need to be debated,” he said. But the dock and moorings “shouldn’t be conflated. The moorings should go forward.”
“If you think about it, the business has to make plans,” Kohn said. “They have to hire people for the spring. And these kinds of decisions need to be made sooner rather than later. Any delay is going to hurt the business and hurt the people on Ram Island.”
He said many residents of the Rams enjoy the inn and especially appreciate having it open in winter.
“If those moorings go,” he said, “the business cannot afford to go forward.”
Geraghty said the dock is related to the moorings to the extent that the inn may rely on it to store its launch. What’s more, he said, Carter couldn’t “service” the moorings from her newly-purchased residential dock next door.
And he suggested the Town document ownership of the inn’s LLC. While the board may decide to do so, DeStefano said, such documentation is not required.
Quashing a rumor
Pam Demarest, whose family owns a home next door to the inn, said she also wants to see certification of the LLC ownership.
And she challenged Carter’s residency. “I know that from a personal point of view.”
She asked that the Town verify Carter’s purchase of the Bennett property.
“Because I do have evidence that that may not, in fact, be the case,” Demarest said, prompting further debate.
Carter, who was present for the entire Zoom meeting, spoke up.
“Excuse me if I’ve interrupted,” she said. “This is Aandrea Carter, and I’m sitting in the former Jim Bennett house right now. I am the owner of the property, so I don’t know what other rumor there may be, but I’d sure like to see what we’re all talking about.”
In addition, Carter said she’d “be most happy to provide proof ” that she owns the former Bennett home and is 100 percent owner of the LLC that owns The Ram’s Head Inn.
“I would be happy to do that, although that hasn’t been requested of anybody else who apparently has applied for many, many different things in any of these meetings that I’ve attended over the many number of months I’ve been waiting to be heard,” she said.
Bonstrom pointed out that an LLC at Daniel Lord’s Road had to submit an affidavit relating to ownership for moorings.
In that case, DeStefano said, a contact name was required because the actual owner wanted to retain privacy. However, Carter disclosed her ownership in the LLC, “so there wasn’t really an issue.”
Bonstrom called into question Carter’s reliability, saying she’d previously reported having purchased title insurance relating to the dock. But, Bonstrom said, that turned out not to be true.
“That has nothing to do with what we’re talking about today,” Siller said.
“We’re talking about the need for documentation,” Bonstrom said. “Trust but verify.”
Other requirements?
And, Bonstrom argued, “the other thing that the Town Board has not done yet, which it’s statutorily required to do, Gerry, is to consider the criteria that’s in mooring law section 90-5r.”
“We went through this,” Siller replied. “It’s not mandatory criteria; it’s recommended criteria.”
[For details, see Town Code Section 90.5 (R)]
Bonstrom called attention to the lack of a pump-out station for boats using the inn’s mooring. But Siller said boaters could use the pump-out at Coecles Harbor Marina.
Boaters at three commercial mooring fields in Dering Harbor rely on the pump-out at Piccozzi’s Dering Harbor Marina, he said.
“The big issue here, Gerry, is that there is no enforcement of the code on the Ram Islands,” Bonstrom said. “There’s no enforcement of the noise ordinance. There’s no enforcement of the dark sky legislation — that place looks like a Costco parking lot now.”
‘It’s obscene’
Tom Rousch, who lives on Little Ram Island, described the board’s decision to approve the mooring transfer as “obscene.”
“The main problem of this plan is that it is profoundly disruptive of the peaceful enjoyment of Coecles Harbor,” he said before the board voted. “It’ll be full of people. It’ll be noisy. It’ll be overrun.”
“I know you’re talking about the details of the law, and I recognize how important they are, but you are missing the most important issue here,” Rousch said. “This is going to ruin the pleasant enjoyment of that area.”
“I truly understand your concern,” Siller replied. “If anything, our biggest concern as a Town Board is that we try to protect the beauty of Shelter Island, the serenity of it. Because we know that things are changing.”
“We’re looking to see how we can, number one, work with all the business owners and, number two, if needed, put legislation in [place] to protect the rest of the Island,” he said.
“The reality is, Shelter Island is changing, and people are spending tenfold what they used to spend on houses,” Siller said. “And now they’re spending tenfold what they used to spend on businesses. It’s not ‘Mom and Pop’ anymore.”
Rousch likened Coecles Harbor to Crescent Beach, where large vessels anchor near the Sunset Beach Hotel and its popular waterside restaurant. He said The Ram’s Head Inn mooring approval is “going to ruin the peaceful enjoyment of that area, and you are allowing that to happen.”
“We’re allowing the eight moorings that have been there for 20-plus years to continue to be there,” Siller said. “They’re not abusive … and we don’t know that they’re going to be.”
Rousch also cautioned that similar concerns might be brewing in Dering Harbor. That’s where Stacey Soloviev, the new owner of The Chequit Hotel, recently purchased Jack’s Marine and its many commercial moorings.
“I’m afraid that area is also going to get overrun,” he said. “You’re saying ‘things are changing — it’s a new life.’ Well, it’s obscene what you’re doing.”
“What would your option be?” Siller asked. “To shut down the businesses?”
Approval
All five board members — including Ianfolla, who took office in December, and Meg Larsen, who was sworn in Tuesday — voted for the mooring permits.
Although they’re new to the board, the two attended numerous meetings over the past year. And, Siller said, he’s briefed them on issues of importance.
Councilman Jim Colligan, liaison to the WMAC, asked that the record acknowledge rules about single occupancy of moorings and rafting.
Board members reiterated they intend to review Town Code provisions for commercial moorings to control allowable uses.
In response to uneven Town Code enforcement complaints, Siller said he would seek input from the Shelter Island Police Department, including bay constables who enforce marine codes and officers who respond to complaints about noise.
Community Housing Fund Advisory Board
In other business, the Town Board adopted a resolution creating a new Community Housing Fund Advisory Board. The board did so per a new state law requiring the five East End towns to put to a public vote whether to have a Community Housing Fund.
It would be supported by a 0.5 percent real estate transfer tax, similar to the 2 percent Community Preservation Fund tax.
In November, each town will hold a public referendum so voters can say yea or nay to setting up the new fund. Meantime, the Town will appoint seven to 15 members to the new advisory board and charge them with creating a Community Housing Plan.
The new board is in addition to the Community Housing Board, which advises the Town Board on local matters pertaining to housing.
Find the text of the resolution at the bottom of this post.
Colas wetlands permit
After reconvening another hearing, the Town Board agreed to grant Vladimir and Jessica Colas a wetlands permit at 8 Westmoreland Drive.
They originally petitioned to:
- replace an existing 846 square foot wood deck and steps with 1,238 square feet of raised wood deck and steps, located partially within the regulated area (252 square feet within the 25-foot adjacent regulated area)
- install approximately 115 square feet of stepping stones adjacent to reconstructed deck, within the 25-foot adjacent regulated area
- remove 84 square feet of playground equipment from the 25-foot adjacent regulated area
- remove 77 square feet of pergola from the 75-foot vegetative buffer
- install 99 square feet of paver firepit patio (with grass joints) within the 75-foot vegetative buffer
The Planning Board recommended that the Colas:
- add a vegetative buffer to the top of an embankment and in a swale
- update the driveway with a permeable surface (and/or stormwater collection)
- enhance the vegetative buffer with plant materials selected from the approved list
In addition, the Conservation Advisory Committee recommended that the Colas remove well-water piping from the wetlands.
As the Colas made all the requested alterations, the Town Board agreed to approve the permit in a special meeting on Tuesday, January 11 during its 1 PM work session. You can see the updated site plan here.
Other business
John Kerr asked for clarification on a conceptual wastewater treatment proposal before the Town Board. Kerr, a long-time CAC member, is a neighbor of the Klenawicus Airfield, where a new sewer treatment system is proposed.
He asked why potential problems about the longevity of contaminants in groundwater at a Sachem’s Woods location seemed to outweigh similar concerns at the airfield location.
Siller said Town Engineer Joe Finora could best answer the question. He invited Kerr to review the proposal at the Town Board work session on Tuesday, January 11 at 1 PM via zoom (see login in details).
Appointments
The board also made these appointments:
- Town Clerk Dorothy S. Ogar, Registrar of Vital Statistics
- Linda D. Cass, Deputy Registrar of Vital Statistics
Assessment roll exemptions
Per an executive order issued by Governor Kathy Hochul to minimize COVID-19 risks, the Town Board adopted a resolution allowing the Board of Assessors to carry over to 2022 any exemptions previously granted on the 2021 assessment roll.
People won’t have to apply again for exemptions. But if they feel their current circumstances warrant more significant exemptions, they may still apply for expanded relief. (See the text of Executive Order No. 11.1.)
Payments
- $6702.21, Lexipol LLC, 2611 Internet Blvd, Suite 100, Frisco, Tx 75034 for the contract term January 1, 2022, through December 31, 2022, for the Police Department’s annual law enforcement policy manual and daily training bulletins
- $6,481, SCM Products, Inc., 60 Plant Avenue, Suite #2, Hauppauge, New York 11788, for the 2022 annual maintenance contract for the EMS computer program
The board accepted a $6,000 donation to the Senior Nutrition Program by resolution.
Transfers
- $2,480 from the A8160.103 seasonal to the A8160.119 part time account
- $2,000 from the A8160.408 repairs/maintenance account to the A 8160.201 recycle center roof account
- $1,400 from the A8160.434 hazardous waste carting to the A8160.423 electric account
- $800 from the A8160.434 hazardous waste carting to the A8160.484 office and miscellaneous account
- $250 from the A8160.434 hazardous waste carting to the A8160.497 professional fees account
- $1,537 from the A8160.103 seasonal to the A8160.127 overtime account
- $636 from the A8160.103 seasonal to the A8160.129 d/t account
- $13 from the A1490.122 d/t to the A1490.121 overtime account
- $1,484 from the A1490.479 boat maintenance to the A1490.106 custodians account
- $692 from the A1490.499 Bridge Street restroom to the A1490.106 custodians account
- $163 from the A5010.492 Highway Superintendents travel account to the A5010.400 office and miscellaneous account
- $802 from the DA5130.154 d/t to the DA5140.167 overtime account
- $8,900 from the DB5110.480 MS4 account to the DB5110.441 diesel fuel account
- $1,072 from the DB5110.482 MS4 maintenance account to the DB5110.441 diesel fuel account
- $829.90 from the 2021 A3510.498 account to the A310.484 account
Claims audited and approved
- 2021 general claims numbered 2115 through 2177 in the amount of $45,978.07
- 2021 highway claims numbered 266 through 270 in the amount of $18,631.47
- 2021 Community Preservation Fund claims numbered 27 through 28 in the amount of $8,500
- 2022 general claims numbered 1 through 9 in the amount of $201,855.25
Watch the meeting
You can watch the full meeting on the Town YouTube Channel or on Channel 22, the Town’s public access station.
Community Housing Fund Advisory Board
Here’s the text of the resolution:
“Whereas”, Section 64k(6) of the Town Law of the State of New York requires any town wishing to implement the community housing fund to appoint an advisory committee and develop a Community Housing Plan, now, Therefore
BE IT RESOLVED, That there is established in the Town of Shelter Island a Community Housing Fund Advisory Board which shall be separate and apart from the Community Housing Board, and
BE IT FURTHER RESOLVED, That the Community Housing Fund Advisory Committee shall comply with the requirements of Town Law section 64k(6) shall consist of at least seven (7) and no more than fifteen (15) members who shall be residents of the Town of Shelter Island, and
BE IT FURTHER RESOLVED, That no member of the Town Board shall serve as a member of the Community Housing Fund Advisory Board and that the Community Housing Fund Advisory Board shall include:
- One (1) representative of the construction industry
- One (1) representative of the banking industry
- One (1) representative of the real estate industry
- Three (3) representatives of local housing advocacy or human service organizations
BE IT FURTHER RESOLVED, That all members of the Community Housing Fund Advisory Board shall serve without compensation; and
BE IT FURTHER RESOLVED, That all members of the Community Housing Fund Advisory Board shall serve two (2) year terms and shall serve at the pleasure of the Town Board; and
BE IT FURTHER RESOLED, That the Community Housing Fund Advisory Board shall act in an advisory capacity to the Town Board, and as such it shall prepare and recommend to the Town Board a community housing plan and which shall be reviewed, revised, and approved by the Town Board Subsequently, the Community Housing Fund Advisory Board shall review and report to the Town Board on projects seeking funding under the community housing fund law if adopted and shall periodically review the community housing plan and advise the Board of the level of compliance with such plan.
