Agenda for the Town Board Meeting of 3/3/15
AGENDA FOR TOWN BOARD MEETING TUESDAY, MARCH 3, 2015
SUBJECT TO CHANGE
The following resolutions are proposed to be considered for adoption by the Town Board on Tuesday, March 3, 2015:
"Whereas" the term of Debbie Strongin as a member of the Community Preservation Fund Advisory Board expired on February 15, 2015, and
"Whereas", Debbie Strongin has expressed her willingness to continue to serve the Town in said capacity, now, Therefore
BE IT RESOLVED, That Debbie Strongin is hereby reappointed to serve as a member of the Community Preservation Fund Advisory Board for a term to expire on February 2, 2018.
2. Credit funds
BE IT RESOLVED, That the Supervisor is hereby authorized and directed to credit the funds received from Verizon in the amount of $40.00, and the two checks received from the County of Suffolk in the amount of $1,223.43 and $939.18 to the 2014 general fund.
3. Act on Loreto dredging maintenance application
"Whereas", Alfred Loreto, 2 East Brander Parkway, has petitioned the Town of Shelter Island for permission to maintenance dredge boat slip and an area up to 15 feet seaward of the slip to a depth of 4 feet below ALW in the Silver Beach Lagoon, with resultant approximately 30 cubic yards of dredged material to be removed to an approved upland location, and
"Whereas", the Waterways Committee of the Town Board has inspected the site and approved of said repairs, now, Therefore
BE IT RESOLVED, That the Town Clerk is hereby authorized to issue a permit for the aforementioned maintenance work.
BE IT RESOLVED, That the Supervisor is hereby authorized and directed to execute the Joint Funding Agreement for Water Resources Investigations between the Town of Shelter Island and the U. S. Geological Survey for the period October 1, 2014 to September 30, 2016, for the sum of $27,110.00; said agreement is to continue to operate and maintain groundwater level monitoring network on Shelter Island.
5. Police Boat dockage
BE IT RESOLVED, That the Supervisor is hereby authorized and directed to expend the sum of $2,880.00 to the Island Boatyard and Marina from the Police Department A3120.479 boat maintenance account for the 2015 seasonal dockage for the Police boat.
6. Amend Resolution No. 88 re: Presbyterian Church rent
BE IT RESOLVED, That the second paragraph of RESOLUTION NO. 88 - 2015, dated January 23, 2015 is hereby amended to read as follows: BE IT RESOLVED, That effective January 1, 2015, the rent to be paid to the Presbyterian Church is hereby increased from $1,350.00 per month to $1,390.00 per month.
7. Renew e-mail licenses
BE IT RESOLVED, That the Supervisor is hereby authorized and directed to expend the sum of $1,998.74 from the A 1620.476 buildings computers account to Microsoft Corporation, Volume Licensing Group, One Microsoft Way, Redmond, WA 98052, for the annual fee for 53 e-mail licenses for the term of February 15, 2015 through February 14, 2016.
8. Gasboy maintenance contract
BE IT RESOLVED, That the Supervisor is hereby authorized and directed to expend the sum of $153.00 from the A1490.424 fuel depot account to Gilbarco, Inc., 12249 Collections Center Drive, Chicago, IL 60693 for the annual renewal of the maintenance contract for the gasboy software for the term March 18, 2015 through March 17, 2016.
9. GAS45 & GASB43
BE IT RESOLVED, That the Supervisor is hereby authorized and directed to expend the sum of $2,800.00 from the A 1010.497 Town Board professional fees account to Milliman, Inc., c/o Anna Ortiz, 80 Lamberton Road, Windsor, CT 06095 for the 24 month total access to the website for the GASB 45 and GASB 43 tool for smaller government entities.
10. Act on Tropin wetlands modification
"Whereas", Kathleen Tropin has applied to the Shelter Island Town Board for a wetlands permit to construct an addition to the existing patio within the regulated area at 52 Gardiner's Bay Drive, Shelter Island, New York, which is Zone "AA-Residential"/Near Shore and Peninsular Overlay District on the Shelter Island Zoning Map, and specifically described on the Suffolk County Tax Map as 0700/001/02/072.1; and
"Whereas", the applicant seeks to modify an approved wetlands permit, since the existing permit allows for construction of a permeable stone patio to be 75 feet from the bulkhead but the patio was constructed 74.1 feet from the bulkhead, therefore it intrudes 18 square feet into the vegetative buffer; and
"Whereas", the application was referred to the Planning Board and Conservation Advisory Council for recommendations and their recommendations have been submitted and considered; and
"Whereas", the New York State Department of Environmental Conservation issued a letter of non-jurisdiction dated 2/16/11 for this project; and
"Whereas", this Board considered the proposed action at a public hearing, pursuant to notice, on February 13, 2015, and
"Whereas", this Board now wishes to render a decision on this wetlands application, now, Therefore
BE IT RESOLVED, that this Board hereby establishes itself as Lead Agency pursuant to SEQRA; and
BE IT FURTHER RESOLVED, that this Board adopts a Negative Declaration, finding that this is a Type II action which will not result in any significant adverse impacts on the environment; and
BE IT FURTHER RESOLVED, that the Town Board makes the following findings as to the permit:
1) The parcel is a one acre parcel bordering Gardiner's Bay which is currently developed with a two story house with 440 square foot patio, bulkhead, pool and 2,024 square foot deck; and
2) In August 2011, applicant obtained a wetlands permit to rebuild the patio and to increase the size by an additional 239 square feet but requiring all construction to remain out of the 75 foot vegetative buffer; and
3) The patio was constructed, but the updated survey showed the patio was built 74.1 feet varying to 74.6 feet from the wetlands, so that 18 square feet intrudes into the vegetative buffer; and
4) Applicant has offered the following mitigation measures to offset the intrusion prohibited by the earlier permit: to install a 10 foot wide non-fertilized plant buffer between the house and wetlands and to relocate the existing septic system (which is approximately 50 feet from the wetlands) to outside the regulated area; and
BE IT FURTHER RESOLVED, That the wetlands permit for the premises located at 52 Gardiner's Bay Drive, Shelter Island, NY, is hereby granted as to the proposed construction within the regulated area, subject to the following conditions:
1) The above-described project shall be constructed as depicted on the as-built plan by Sherman Engineering and Consulting PC dated December 2, 2014; and
2) The following mitigation measure shall be installed prior to issuance of a certificate of occupancy: (1) to relocate the existing septic system (which is approximately 50 feet from the wetlands) to outside the regulated area; and
3) The patio is already installed, and should generate no further disturbance. However, during implementation of the mitigation measure, wire-backed silt fences shall be securely placed to prevent stormwater runoff. Soil disturbance should be minimized where possible; and
4) Construction procedures and erosion controls shall be designed to prevent any runoff from disturbed ground into the wetlands. The implementation of the mitigation measure shall be examined by the Building Department prior to start of work and periodically thereafter; and
5) Prior to issuance of a wetlands permit the applicant must file a certificate of insurance with the Town Clerk showing the Town of Shelter Island as an additional insured under a comprehensive general liability policy with a minimum limits of $500,000; and
6) This permit shall only be valid for construction commencing within two years of the date of this approval., and
BE IT FURTHER RESOLVED, that copies of this approval shall be filed with the Building Inspector and the Code Enforcement Officer.
11. Set public hearing on Lapham wetlands application
"Whereas", David Lapham, 4D Peconic Avenue, has petitioned the Town of Shelter Island for a wetlands permit for permission to demolish the existing single family residence covering roughly 1,516 square feet located 117.6 feet from the wetlands boundary, and replace it with a two story single family dwelling with a footprint of 2,190 square feet, and attached deck covering roughly 1,050 square feet located roughly 82 feet from the wetlands boundary which includes a 5' by 5' soaking tub, within the regulated area, now, Therefore
BE IT RESOLVED, That pursuant to Section 129-7 of the Code of the Town of Shelter Island, a public hearing will be held at 4:50 p. m., prevailing time, on the 27th day of March, 2015, 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 proposed application.
1:15 p. m. Public hearing on Local Law re: amend Zoning re: Near Shore
1:17 p. m. Public hearing on Cedar Island Overlook Stewardship Management Plan
1:19 p. m. Public hearing on Sachem's Woods Annex Stewardship Management Plan