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THE LEAGUE OF WOMEN VOTERS ^®
OF SHELTER ISLAND

Notes on the Town Board Work Session
March 3, 2008

Dear Friends and Members of the League of Women Voters,

All members of the Town Council were present at today’s meeting, as were Billy Banks and Mary Wilson from the Building Department, Cara Loriz from the Shelter Island Reporter and Shelter Islanders Joy Bausman, Mr. Chartouni, Bridg Hunt, Joann Piccozzi, Kolina Reiter and Patricia Shillingburg.

I’m sorry to say I was a few minutes late and missed some opening details – check Channel 22 – but it seemed to be a budget review, which included report of $2,000 received from a filming fee, landfill receipts of $14,500 for February and F.I.T. fees of $6,800, down from $10K for the same period last year. It was noted that all reports are available [from Town Hall?] and, in response to Councilman, Ed Brown’s urging for regular budget reviews, given current economic news, Jim Dougherty suggest that “maybe we’ll do reports every month,” and quipped that “if you rely on me for economic forecasting, you’re in very serious trouble.”

Draft Local Law re Special Permits – In a brief discussion of the rumored proposed “change of use” of Ram's Inn was held. Supervisor, Jim Dougherty reiterated the "curious anomaly" in current Town law requiring the Town Board to rule on relatively minor issues (e.g., the recent application to convert the Osprey Café to office space) vis-a-vis special permits, while business zoning change of use is decided by the ZBA. He stressed that any major decision that affects Shelter Island immediately and permanently should be made by the Town Board.

The Supervisor also noted that there has been no formal or informal communication with the Town on this "very major change in the use out on Ram Island." He explained that the first he'd heard of it was from a friend at Ken Lewis' funeral and that he was disturbed "that the Communities That Care [CTC] Committee had made no attempt to let him – or any member of the Town Council – know. He added that it is "probably unwise," in his view, to create legislation in response to this issue, and recommended that the Board ‘revisit sub-section 133-33' after the dust settles -- not in the face of what we're hearing.” He also said that a Public Hearing would be scheduled before the law is changed.

Chris Lewis, the Town Council liaison to CTC, reported that she had received an e-mail from the a committee member "about something that person was thinking about doing." She said she had cautioned the CTC that their role should have been/should be "just listening." She also said she had heard that the public meeting on this issue scheduled for March 15th will be held at the school rather than at The Ram's Head Inn because of anticipated crowds; no time was mentioned. Cara Loriz, confirmed that she had been told by the person involved in this project that an application had been made to the school.

Glenn Waddington said he agreed, opining that "whatever decision is made by whatever board, it is probably going to be litigated." It was noted that the ZBA had acted quite capably on "two big ones" a few years ago. ZBA member, Patricia Shillingburg, said her first response was "Thank God! Its out of my hands," but now she's feeling, "Oh, no..." She also reported a blizzard of e-mails circulating among "young adults who live and/or work in the City, with 4 or 5 pages of forwards." Mrs. Lewis said that "all those people need to come to the meeting," to which Mrs. Shillingburg responded that she will e-mail her son, Don, guaranteeing circulation to a large group.

Jim Dougherty summarized the discussion by confirming the public perception [of an unfair response from the Town?], which he said isn't true but noted new/revised/amended legislation would apply to "another 'big one' that is coming up."

Peebles Wetland Decision – Glenn Waddington reported that hay bales and a silt fence had been put up, in response to the most obvious concerns, after last week’s meeting.

The question of censure came up – $5K being the maximum fine with discretionary power at the Board– since there was clearly “guilt with explanation.”

Chris Lewis said she felt this has the potential to be an extremely serious encroachment and while she doesn’t want to single these people out, she recommends the maximum fine. Previous communications may not have been understood, she continued, but oddly enough something was done. “It’s time to put the stop on doing something before asking.” Peter Reich agreed, stressing that the fine should relate to what “happens before the hearing” and “what happens after, applies to the permit decision.” Glenn Waddington said “it’s easy to levy the max; ok, send a message to the guy living on the creek, but that won’t mean anything to the guy building an $8 million-house,” and recommended showing some compassion with a fine of $4K rather than $5K – give them some points for acting on the Board’s recommendations.” Peter Reich said he thought those points should count for future wetlands permits.

Ed Brown suggested just taking a bit off the top, say $4.5K. Jim Dougherty said that “fines are too low on Shelter Island.” Chris Lewis, stressing that she doesn’t mind showing a little compassion, said that “people believe that it’s [conforming to laws] is up to the contractor, and that’s not true. People,” she said, are responsible for what he does. Peter Reich agreed, noting that “people tend to take fines not as fines but as building permits.”

An informal vote was taken – 3 -2 in favor of imposing the maximum, $5K fine. Town Attorney, Laury Dowd asked about payment date, suggesting two months – May lst? Ed Brown asked if there were safety issues – if the stairs had been blocked off. The Building Department has not visited the site, but will. Billy Banks said that “if they had picked up the phone instead of picking up the hammer, we wouldn’t be talking about it.”

Bridge Street Volunteer Park – Jim Dougherty reported receiving 5 or 6 submissions – including interest from school children – and offered a reminder that the deadline is Friday (3/7). He also said that the media is being contacted and has been cooperative with the Town’s efforts to get word out to Shelter Islanders. He reported, too, that the bulkhead had been finished – and had been done in two days, at a reasonable price [$13K] which was well below other bids. Glenn Waddington commented that “it’s amazing how quickly an professionally and at what a good price the work had been done. Ed Brown – in a pointed reference to Reporter editorial and letters – stressed that “it’s not all negative out there.” He addressed the long and complicated process involved in such a project, reminding the board that the original resolution had been prepared in December, 2003 for a Town Board meeting on January 23, 2004 – commending then-Town Board members, Art, Chris, Jim and Paul. “Combination does not happen quick,” he said, noting that it’s going to look sharp and be good for Bridge Street and for the Town.” He also mentioned that there are other positive things in front of us – Wade’s Beach’s new paved parking lot, the Bocce & Volley Ball courts to be added soon, and suggested that the Garden Club be asked to step in there, too. “Condemnation is a tough process,” summarized Jim Dougherty, “and this shows a lot of patience and skill.”

Chartouni Request – Laury Dowd reviewed the covenant requested last week involving a 65-foot area in natural condition, including a request to trim trees to 15 feet, cut invasive, noxious, diseased and unsafe plants and dead branches.”

Mr. Chartouni assured the board that what he was trying to do was exactly what was expressed in his request, and that he had hired (or would hire) a local landscaper, Jay Card, and would rely on his expertise to leave it as natural as possible while making the area safe for his three children and two dogs.

Laury Dowd asked about the purpose of trimming to 15 feet, to which he replied “to remove dead or dangerous branches.” Glenn Waddington pointed out that what might seem (or even be) noxious might be ground cover that prevents erosion. Mr. Chartouni said trimming would be done by hand to avoid pulling up roots. He added, “I’m here because I don’t want to be painted with the same brush as the previous owner,” but added that he doesn’t want to drag the issue on and on with more unnecessary meetings, noting that he “had been talking about doing what I’m entitled to do for six months now.”

Billy Banks said that he had reviewed the rules with Jay Card and had suggested that Mr. Chartouni contact the Town Board because of selective trimming and the difficulty of designating branches to be trimmed. “There are a lot of heartaches in this property,” he added.

Peter Reich suggested that marking branches not covered by the covenant for selective trimming with paint or ribbons or some such – and included the CAC – before cutting. Chris Lewis suggested that Mr. Chartouni could get started with the non-controversial trimming during this process. Peter Reich stressed that “we’re much happier to ask questions here than at a hearing where we’re discussing possible violations.

Mr. Chartouni asked for confirmation – “Do what’s in the covenant?” Yes, it was generally agreed, “but don’t take any Bittersweet out of the ground.”

Completeness Applications: Harris, Acierno – The Harris application is to build a house 100 feet from wetlands, with probable intrusion into wetlands during construction. It was noted that the application is incomplete, although hay bales and a silt fence is in place. It was not clear whether the setback was actually 80 feet and the Building Department has not been at the site. Mary Wilson said she did not have a letter of non-jurisdiction from the DEC, the problem being that the recently-submitted survey was revised on 1/18 so the 2004 wetlands permit was “not good.” Laury Dowd will contact the applicants requesting specifics on hay bale placement [and valid DEC permits?]

Acierno: Two permits – 1) special exception for extending the originally applied for 8,500 sq. ft. house to 10,170 sq. ft. to accommodate finishing the basement.; 2) spread dirt dug up from waterfront area, but not specifically noted as to where. It seems that elevation will change from 5-1/2 feet to 12 feet.

Chris Lewis asked for confirmation of intention to complete work included in the permit originally applied for rather than request for changes. Laury Dowd suggested that the Aciernos be asked to consider other structures in the neighborhood, i.e, to ask the applicants to provide this information, which is available from the Town Assessor’s office.

Handicap Ramp Loan Program – Chris Lewis reviewed the Community Development block grant for two temporary ramps for Shelter Islanders who need temporary wheel chair access to their homes. She said that permitting mechanism is in place, and while no “standard, 90-day, renewable” requests had been received, she mentioned a request for a 30-day rental of a ramp to accommodate a visiting parent and wondered if they were eligible. There were no objections – given availability of ramps. Laury Dowd pointed out that grant eligibility requirements also had to be met, and said the resolution was in place for a Board vote which would be done at the next meeting.

Dark Skies Law – Chris Lewis spoke to the need for such legislation on Shelter Island and noted that while permits for businesses including lighting requirements, none were on the books for residences. She also noted that current research indicates lighting does not affect security, and that she would like to invite Susan Harder, a leader in the field from East Hampton where such legislation exists, be invited to speak to the Town Board at a Work Session in April or May. It was agreed to invite her.

OTHER BUSINESS:
Ed Brown reported that Ed Bausman had received Underwater Boundary [?] guidelines from Suffolk County and suggested the Town draft a letter regarding 1) underwater leases and 1) support exact underwater boundary definition between Shelter Island and Southold, who seems to be claiming a 1,200 feet vs. the currently understood 1,000 ft. line. Glenn Waddington asked if the Town has details on local underwater boundaries, to which Jim Dougherty replied that “the Assessor’s office has a pretty good handle on them.” It was also suggested that Ed Bausman be invited to a Work Session in a couple of weeks – March 18th?

Peter Reich reviewed technology project completion at Town Hall – WiFi, ceiling projector/screen, etc.

Jim Dougherty reported on –
- a filing from Dietrich on the Ram Island Causeway to the Building Department for a 3-lot (9 ½ acre) subdivision with above-ground septic tanks, noting that there have been a number of initiatives to try to develop that property with a myriad of problems – and discouragement from the Planning Board a year and a half ago;

- that Cliff Clark and Ed Romaine were meeting with the Suffolk County Legislature this afternoon to recommend approval of the proposed South Ferry rate increases, commented on its budget and said there would be a vote to decide by March 18th;

- the East End Supervisor’s meeting last Thursday where he had made a presentation asking for monetary support for the 4-Poster program which he said had been well-received and would be decided at their March meeting;

- that discussion proceeds on the Youth Center’s relocation to the Legion Hall, referring to a meeting last Friday, which “has a ways to go, but is off to a good start.”

- that he had met with Assemblyman, Mark Allessi and Kevin Law, LIPA CEO on LIPA’s being more responsive to Shelter Island in times of storms;

- that he will meet with Ken LaValle on Friday to try to get more money for the 4-Poster program and West Neck Water relief for rusting pipes, which is sorely needed.

Glenn Waddington reported that terms of six members of the Housing Committee were ending on March 18th, and when asking for renewal of participation they will also be urged to be more involved and responsive to the Town Board. Jim Dougherty noted that “ we have an army of potential volunteers out there.”

He also noted that Chris Holmes, the SEMO “go-to guy,” was sympathetic on pushing an appeal [on the recently-denied application for Shell Beach] through.

Chris Lewis had nothing further to report other than Senior Services are all in good shape, eg., volunteers luncheon, training sessions, etc.

Shelter Islander, Kolina Reiter, appealed to the Town Board to attend to Chase Creed and Ice Pond, both of which she says are in terrible state from neglect. Jim Dougherty noted that the CAC has started to prepare a stewardship mandate to put a rational concept behind appeals to the 2% committee to issue checks.

She specifically pointed to a sandbar left after the construction and/or repair of the bridge which has cut tidal flow from the creek itself. She suggested that perhaps Costello could open some of those areas whjich needs to be preserved. Chris Lewis wondered if such work might be incorporated into the Bridge Street Park project or, if we might do it ourselves. Peter Reich pointed out that the state DOT needs to be contacted because of their responsibility for the bridge (on Rte. 114). It was also noted that the floating dock behind Piccozzi’s garage needs to be parallel to the garage in order to keep the flow going properly.

Joy Bausman said, “If DOT caused it, they can correct it. You’ve got to put a complain it because it hasn’t been done.” Chris Lewis agree, suggesting that Laury Dowd start with a letter to DOT, perhaps asking for their help with the DEC. It was noted that research is required for documents related to original construction (1972) and repair (1993) of the bridge.

Joy Bausman reaffirmed the Red Cross’ invitation to the “Postal Cancellation” ceremony on March 12th from 10:00 am to 12:00 noon, and stressed that the Community is welcome to this historical celebration of the Shelter Island Chapter of the American Red Cross.

There was some discussion of next week’s work session, which had been cancelled because of expected absences, but would probably be held even with limited Town Council representation.

The Work Session was adjourned at about 2:40 pm to accommodate an Executive Session to discuss property negotiations.

Phyllis Gates
for
The League of Women Voters of Shelter Island

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