Incorporated Village of Asharoken
Board of Trustees Regular Meeting
Held on Monday
August 6th, 2012 7:30 P.M
At Village Hall
Approximate Attendance (37)
Officers Present:
Greg Letica, Mayor
Joseph Tilleli, Deputy Mayor
Pam Pierce, Trustee
Joseph Catanzano, Trustee
Melvin Ettinger, Trustee
Officials & Appointees Present:
Nancy Rittenhouse, Village Clerk
Emily Hayes, Village Treasurer
Ray Mahdesian, Officer- in- Charge
Doug Adil, Superintendent of Buildings
Tony Wenderoth, Superintendent of Highway
Conservation of the Environment Report
Village Hall Expansion Report
Bill Raisch, Emergency Manager
Barry Bradley, Sanitation Operator
The Pledge of Allegiance was said.
Mayor Letica asked if the publication was approved, Village Clerk indicated that it was approved.
Mayor Letica discussed the passing of Judge Charles Brown, and noted that he was our Village Justice for over 30 years. Judge Brown served our Village and gave so much time and effort, and was a complete model Asharoken citizen. He loved the water and the beach, and he is truly going to be missed, and he then expressed his condolence to Martha and his sons.
Mayor Letica commended Northport High School graduate and Asharoken resident, John Barry on his many accomplishments as a student, athlete, musician, he also noted John’s efforts towards helping raise funds for the Northport community.
A presentation was made by LIPA representative Karyn Kemp-Smith, District Manager; she covered points on Hurricane preparedness and storm restoration.
Trustee Catanzano requested that an additional statement be added to resolution 2012-38, the board then approved the Regular Board Meeting minutes for 7/2/2012 including Trustee Catanzano’s additional statement. Mayor Letica made a motion to accept the minutes, seconded by Trustee Ettinger.
Trustee Pierce AYE
Trustee Catanzano AYE
Trustee Ettinger AYE
Deputy Mayor Tilleli AYE
Mayor Letica AYE
Motioned Carried.
Mayor’s Report
Mayor Letica noted that the Fourth of July went very well, he thanked Officer-in-Charge, Ray Mahdesian, Deputy Police Commissioner Mel Ettinger for his assistance and Joseph Affrunti, Harbormaster for a great job. He contacted Susan McCormack from the NYSDEC regarding “Sand on the Beach” and confirmed with Ms. McCormack that the NYSDEC is allowing dredging from the Sound side on a one-time basis and the DEC’s Habitat Department is conducting more studies. The Village owes $323,646.00 towards the feasibility study. Currently our reserve fund balance is approximately $343,000.00. The NYSDEC will need an additional 1 million dollars to complete the feasibility study and the village’s share will be approximately $150,000.00. Mayor Letica noted that additional funding of the reserves will be needed to cover the additional village’s share to cover completion of study.
Mayor Letica also discussed with Ms. McCormack the wooden caps. She concurred that they should be removed; she noted that she will contact the USACE. The Mayor noted that he spoke with Gene Brickman from the USACE, about sand replenishment and the DEC approval from the habitat department and the wooden seawall caps. The mayor lobbied extensively to have the caps removed, and he received an email from USACE giving permission to the Village to remove the caps.
Congressman Israel’s office was very helpful; the Congressman noted that he will assist with the seawall, Sand on the Beach, and any help needed with the USACE. Mayor Letica also noted that the Congressman indicated that funding is available for green energy products for the restoration of Village Hall.
Mayor Greg Letica asked and appointed Acting Village Justice Judge Schwartz to takeover for Judge Brown’s position, as the Village Justice. The Mayor also appointed Mark Kleczka as the Acting Village Justice. He noted that Judge Schwartz may have to run for a special election in June of 2013 for the one year remaining of Judge Brown’s four year term, additional research is being done to verify this process.
He noted that he met with the manager of Chase Bank and will assist in closing out Judge Brown’s bank bail account.
Mayor Letica reported that the Village Code Book is now available online on the website, www.asharoken.com.
Mayor Letica noted that he had a discussion with Pat DelCol who is the assistant to Town Supervisor Petrone. He noted that she asked if the Village wants to schedule a public hearing for the Village Dock, the permits are good for five years and there are no fees associated with the permits. The Mayor suggested that the village should go through getting the permits but recommends holding off on building the dock.
Mayor Letica noted that he met with Andy Mendelsohn and Chris Keegan a land management planner to look at the flooding at the corner of Bevin Road. Tony Wenderoth will report on this.
Mayor Letica noted that he attended the Village Hall Restoration committee meeting. He noted that John Ross and the committee are making great progress.
He reported that he read the inter-municipal agreement between Huntington and Northport regarding Water Quality preservation and gave to Superintendent of Stormwater, Avrum Golub to review.
Mayor Letica attended:
Eaton’s Neck Fourth of July Parade
Andy Raia, hosted gathering that Mayor Letica attended.
Russell Albanese hosted a gathering where the Nature Conservancy gave a presentation on water quality importance and a dam removal project in Sunken Meadow Park.
Mayor Letica noted that he spent a considerable amount of time reviewing Sandpiper Farm; he introduced Jon Santemma the attorney for Sandpiper Farm. Mayor Letica explained that he does not want to see the property developed. He is concerned that if the property is designated as an agricultural district that the village will lose zoning control of more than half of the village and we will be allowing commercial business to start operating and not be able to control how big the commercial business will get. In addition he noted that he is very concerned of the loss of tax revenue for our village. He noted that he did attempt to talk with Laurie Landeau to discuss this issue and wants to sit down and attempt to resolve this issue. He noted that if we allow the property to be designated as agricultural district, we as a village will lose control and the State will then tell us how to run half of our village. He noted that his preference is open space and he would rather work out the needs of the property and the village without having the State involved.
He reported on a meeting that was held by the Agriculture Planning and Environment of the Suffolk County Legislature. He noted that he was informed on Friday the 27th of July that the meeting was going to take place on Monday, July 30th. Deputy Mayor Tilleli and Trustee Pierce attended and read the letter prepared by Mayor Letica. The Agriculture Planning and Environment committee were close to voting in favor of postponing the application three out of five, but realized that there was a time deadline, and that time deadline caused them to pass the resolution onto the Suffolk County Legislature. One problem is that Sandpiper is in a resolution with 20 other properties and the Suffolk County Legislature is having a difficult time separating Sandpiper Farm out from the other properties.
Mayor Letica noted that he has worked with Legislature Spencer, Supervisor Petrone, Superintendent of Northport East Northport School District Ms. McDermott, Eaton’s Neck Fire Chief Kevin O’Neal, Assemblyman Andrew Raia, and Senator Carl Marcellino and tried to get the Sandpiper Farm property separated from the other properties. Suffolk County Legislature will be deciding on this resolution at their General Meeting. He noted that he has reached out to the residents to help support Asharoken to attend the Suffolk County Legislature and write to Legislature Spencer and to try to have the Sandpiper Farm removed from the resolution and postponed for a while to review the village’s options. In addition he and Deputy Mayor Tilleli met with Randy Parsons with the Nature Conservancy and Trustee Ettinger and I met with Beth Ott with the North Shore Land Alliance group to discuss Sandpiper Farm.
Mayor Letica noted that Bruce Migatz was interviewed for Village Attorney, he has extensive experience with land use, planning and municipality law, a resolution is on the table for his appointment.
Trustee Reports:
Deputy Mayor Tilleli reported that he and Mayor Letica attending a meeting with the Nature Conservancy group, he noted that this was an informal meeting to explain the mission of the conservancy. They are a non-profit organization that works around the world and helps protect the importance of ecological land for nature and people. He noted that he and Trustee Pierce attended the meeting with the Agricultural Planning and Environment Committee; he noted that he and Trustee Pierce thought that the Sandpiper Farm application was going to be tabled. The committee than passed the resolution to move to the legislature. He noted that he also sent a letter to Suffolk County Legislature Spencer.
Trustee Pierce reported that she attended the Asharoken Court and met with Mayor Letica regarding various projects. She interviewed attorney Bruce Migatz for the Village Attorney position. She congratulated the police department for another safe Fourth of July and thanked the “Save the Fireworks Committee” for a beautiful 4th firework display. Trustee Pierce also noted that she too attended the Agricultural Planning and Environment committee meeting.
Trustee Catanzano reported that he interviewed the attorney Bruce Migatz for the Village Attorney position. He reviewed the bank reconciliation and vouchers for the month.
Trustee Ettinger reported during the month that he had numerous conversations with Village residents and attended a number of meetings with Mayor Greg Letica. He noted that he is reviewing the NYCOM material to become familiar with his Trustee responsibilities and duties. Trustee Ettinger noted that he sends his condolences to Martha Brown and the family and noted that Judge Brown will be greatly missed. He reported that this year’s Fourth of July was one of the best organized he had experienced. He assisted with the clean- out project of our storm water drains. He reviewed the material that Superintendent of Stormwater, Avrum Golub distributed regarding MS4 permits. He reviewed the feasibility study distributed by the Mayor and attended the court sessions this month. He attended the reception held at Russell Albanese’s home with the Nature Conservancy. He participated in the interview process for the village attorney position. He sent a letter to County Legislature Spencer urging Dr. Spencer to deny the application that will be held at the Suffolk CountyLegislature general meeting. He noted that we are facing a significant and important issue regarding Sandpiper Farm. He thanked the residents who took the time to write letters regarding this important issue.
Treasurer:
Emily Hayes reported that the village has collected approximately 99% of the real estate taxes so far, the balance remaining is approximately $15,000.00. The village received $10,566.84 and $3,522.28 from FEMA reimbursement this month due to Tropical Storm Irene. The village also received $162,025.00 for the reimbursement from FHWA for shoulder repair and restoration work near the seawall due to Tropical Storm Irene.
The total vouchers to be approved this month of July were $50,698.62. All vouchers were reviewed by Trustee Catanzano.
Officer-in Charge:
Officer-in-Charge Ray Mahdesian reported on the Fourth of July operation. He noted that this year we had added lighting in the areas that were needed. The exiting of cars from the Village went well; this year was the best we have seen. He noted that the major build up of traffic occurred on Ocean Avenue entering Main Street. He noted that the area of concern he had was the size of the fires. The police encountered several fires that were extremely large in nature and may cause a potential problem. He noted that the department had a good month; he reported that 47 summonses were given out for the month and the department worked very hard.
Harbormaster: Harbormaster Joe Affrunti reported on a tragedy that occurred on the Fourth of July with a boat in Oyster Bay. The Town of Huntington had organized a boating safety meeting along with an open forum for the public as well.
Sanitation: Barry Bradley trash pick- up was 40.05 tons and comingled 3.85 tons and news and cardboard 3.63 tons for a total of 48.09 tons. Big Blue is running well. Yard waste-13 families participated with 40 bags and 12 bundles.
Emergency Management: Bill Raisch, Emergency Manager noted that this Friday August 10th he will be running a table top exercise at Village Hall. The attendees will be Asharoken Village Officials, LIPA, Eaton’s Neck Fire Dept. Northport Fire Department, Town of Huntington, and the U.S. Coast Guard. The exercise will help establish the step progression needed if our village is confronted with a Hurricane or severe Nor’easter. In addition he noted the issues that need to be discussed pre storm, during the storm, and the clean up phase. Bill Raisch also reported that he will be reaching out to the necessary agencies to gather information needed to help avoid another accident like the one that occurred in Oyster Bay on the Fourth of July.
Superintendent of Buildings Report: Doug Adil, building inspector reported that he attended several meetings with homeowners and contractors on electrical services. Performed a walk-thru on the old property on Duck Island and inspected its originality to ensure no alterations were added to the structures. He reviewed plans for a construction project on Beach Plum Dr. Discussed with builder and homeowner on drywells when paving over pervious surfaces and pool safety requirements. He performed 10 inspections this month.
Superintendent of Highway: Tony Wenderoth, Superintendent of Highway, he reported on the corner of Bevin Road and the puddle of water that exists. He noted that in 2003 the village had put several plans together proposing to install several catch basins. He discussed the previous plan in detail and then the estimate to do the work was going to cost $100,000.00 which the village received an appropriation for from the State. He explained that the current catch basin project has four catch basins that were installed along with leaching pools. He noted that the top catch basin doesn’t appear to catch the amount of water it was designed to catch. He noted that it appears that the direction that the water runs down the road bypasses the first catch basin and the second one as well. Tony suggested that the curbing in front of the both catch basins need to be redesigned to allow the water to be re-directing into the basin. He met with Joe Klein an engineer with the Town of Huntington and two engineers from Nelson and Pope and everyone agrees that the curbing needs to be adjusted. He is suggesting tearing up the curbing and pushing the curbs back so the water will feed into the catch basins. Tony also noted that over the years the sand came over the seawall and distributed itself into the wetland building up the corner of Bevin Road. He noted that he plans to do elevations in that area.
Conservation Board: Marty Cohen reported that the committee had their first application this year and reviewed the property at 277 Asharoken Avenue. The committee reviewed procedures as well.
Village Hall Expansion Committee: John Ross, Chairperson reported on the committee’s first meeting. He noted that he reviewed the elevations on the survey and has begun putting together information and the project is still in preliminary stages.
Resolution:
Resolution (2012-59) Be It Resolved, that the Village Board, does hereby appoint the following uncompensated individual to the Zoning Board of Appeals, subject to board approval: Tracy Aboff as an Ad Hoc member of the Zoning Board of Appeals for a one year term to end 7/1/2013.
Trustee Pierce made a motion to approve, seconded by Trustee Ettinger.
Trustee Pierce AYE
Trustee Catanzano AYE
Trustee Ettinger AYE
Deputy Mayor Tilleli AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2012-60) Be It Resolved, that the Mayor does hereby appoint the following uncompensated individual to the Planning Board, subject to board approval: Drew Mendelsohn as a member of the Planning Board for a five year term to end 7/1/2017.
Mayor Letica noted that he was asked by two trustees to table this resolution for another month. He noted that this candidate is more than qualified to fill this position.
Resolution 2012-60 was tabled for another month.
Resolution (2012-61) Be It Resolved that any Residency Requirement for uncompensated appointee Ed Carr is waived.
Trustee Ettinger made a motion to approve, seconded by Deputy Mayor Tilleli.
Trustee Pierce AYE
Trustee Catanzano NAY
Trustee Ettinger AYE
Deputy Mayor Tilleli AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2012-62) Be It Resolved, that the Mayor does hereby appoint Edward Carr and Martin Richter as Historian’s for the Village of Asharoken, subject to board approval for a one-year term to end July 2013.
Mayor Letica made a motion to approve, seconded by Trustee Pierce.
Trustee Pierce AYE
Trustee Catanzano NAY
Trustee Ettinger AYE
Deputy Mayor Tilleli AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2012-63) Be It Resolved, that the Mayor does hereby appoint Jean Bonawandt as chairperson, Doug Whitcomb, Joseph Affrunti and Ian Jablonski as Duck Island Harbor Dredging Committee members for a one year term to end July 2013.
Trustee Ettiner made a motion to approve, seconded by Trustee Catanzano.
Trustee Pierce AYE
Trustee Catanzano AYE
Trustee Ettinger AYE
Deputy Mayor Tilleli AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2012-64) Be It Resolved, that any Residency Requirement for compensated Village Attorney is waived.
Trustee Ettinger made a motion to approve, seconded by Deputy Mayor Tilleli.
Trustee Pierce AYE
Trustee Catanzano AYE
Trustee Ettinger AYE
Deputy Mayor Tilleli AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2012-65) Be It Resolved, that the Mayor does hereby appoint Bruce W. Migatz as Village Attorney for a one year term to end July 2013 at an annual retainer of $30,000 payable in equal monthly amounts of $2500.00, for general legal advise per retainer agreement. Legal services to include litigation proceedings, arbitration proceedings not considered General Legal Advise will be billed on an hourly basis, at a rate of $300.00 per hour, plus out-of –pocket expenses incurred on behalf of the Village.
Trustee Pierce made a motion to approve, seconded by Trustee Ettinger.
Trustee Pierce AYE
Trustee Catanzano NAY
Trustee Ettinger AYE
Deputy Mayor Tilleli AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2012-66) Be It Resolved, that the Board does hereby rescind Resolution (2012-50) due to a change in vendor to service the Villages’ copy machine.
Mayor Letica made a motion to approve, seconded by Deputy Mayor Tilleli.
Trustee Pierce AYE
Trustee Catanzano AYE
Trustee Ettinger AYE
Deputy Mayor Tilleli AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2012-67) Be It Resolved, that the Board does hereby approve entering into a contract with Toshiba Business solutions for the lease of a Toshiba 356 copier for a 60 month lease at $245.00 per month, to include labor, parts, drums, toner, data overwrite, 10,500 copies per quarter any additional copies will be billed at .015 per copy, in addition includes delivery, installation network setup and training and pick-up and return of existing copier unit to be closed out at no additional cost to the Village and the Village will receive a 40” LED Toshiba television free of charge, subject to Village Attorney’s review. Savings $1,332.00 per year.
Mayor Letica made a motion to approve, seconded by Deputy Mayor Tilleli.
Trustee Pierce AYE
Trustee Catanzano AYE
Trustee Ettinger AYE
Deputy Mayor Tilleli AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2012-68) Be It Resolved, that the Board does hereby approve the services of Thompson Bros. Pile Corp to remove the 19 wooden caps located at the seawall and store at Village Hall for $2,200.00, subject to written permission from the USACE.
Trustee Pierce made a motion to approve, seconded by Mayor Letica.
Trustee Pierce AYE
Trustee Catanzano AYE
Trustee Ettinger AYE
Deputy Mayor Tilleli AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2012-69) Be It Resolved, that the Board does hereby approve the vouchers in the amount of $50,698.62 for the month of July and related budget transfers.
Trustee Catanzano made a motion to approve, seconded by Mayor Letica.
Trustee Pierce AYE
Trustee Catanzano AYE
Trustee Ettinger AYE
Deputy Mayor Tilleli AYE
Mayor Letica AYE
Motioned Carried.
Mayor Letica opened public session:
A resident suggested if it’s possible if Huntington and Eatons neck could be approached to contribute funding for repairs of the seawall. He also asked if the Sandpiper Farm decision will be finalized at the S.C. Legislature general meeting. He noted how important it is to keep the Sandpiper Farm as is and not to develop it.
A resident asked about the new attorney. She asked how many attorneys the Village will have. Mayor Letica noted that Laurie Nolan will be the District Attorney; Bruce Migatz is the Village Attorney. The attorney for the Zoning Board will be Bruce Migatz and his retainer includes these services.
A resident asked if there is a village email list. Mayor Letica urged residents to provide their email addresses for emergencies and information.
A resident inquired about a letter sent with articles about the Nature Conservancy-Mayor Letica noted that the Nature Conservancy would prefer that the Sandpiper Farm remain open space. Russell Albanese is a member of the Nature Conservancy to clarify the Zoning Board Chair Russell Matthews is not a Board member of the Nature Conservancy and the reception was held at Russell Albanese’s home.
An Attorney for Sandpiper Farm noted that the State Legislature hands off the decision to the Commissioner of Agriculture for the final decision on the resolution.
A resident asked about the information that Dr. Spencer put out regarding Sandpiper Farm. She also asked about the implications of the zoning of this property. She also discussed the 14% of real estate revenue that Sandpiper Farm contributes and asked how much of that revenue would affect each property owner in the village.
A resident commented on the Mayors letter to the owner of Sandpiper Farm.
The Attorney for Sandpiper Farm discussed Sandpiper Farm’s position and explained the reason for applying for the agriculture district.
A resident was concerned that low incoming house will end up at the Sandpiper Farm site.
A resident noted that it is important to negotiate with the Sandpiper Farm.
A resident noted that if you sat down with the Sandpiper Farm and discussed raising horses and allow them to conduct their business and try to get some commitment from Sandpiper Farm that they will not develop in the future.
A resident noted that they would rather see the village have a sit down discussion with Sandpiper Farm becoming an agricultural district, and would prefer the property remain open space.
A resident discussed allowing a property owner having 441 acres such as Sandpiper Farm an exception to “no commercial use” in the village code.
Mayor Letica asked for a show of hands of who wanted the village not to oppose the Agriculture Designation for Sandpiper Farm and the majority of the residents then raised their hands asking the Village not to oppose the Agriculture Designation of Sandpiper Farm.
Mayor Letica made a motion to close the public session, seconded by Deputy Mayor Tilleli.
Trustee Pierce AYE
Trustee Catanzano AYE
Trustee Ettinger AYE
Deputy Mayor Tilleli AYE
Mayor Letica AYE
Mayor Letica made a motion to adjourn the meeting, seconded by Trustee Ettinger.
Trustee Pierce AYE
Trustee Catanzano AYE
Trustee Ettinger AYE
Deputy Mayor Tilleli AYE
Mayor Letica AYE
Motioned Carried.
Motioned Carried.
The August 6th, 2012 meeting of the Board of Trustees was adjourned at approximately 9:45 pm.
Signed: _____________________________________________
Nancy Rittenhouse, Village Clerk
Attached is the Letter read at the Agriculture, Planning and the Environment Committee read by Trustee Pierce.
July 30th 2012
Dear Honorable Kara Hahn, Chair and Members of the Environmental, Planning & Agricultural Committee:
I apologize for not being able to attend today’s meeting but the short notice and demands of my dental practice preclude me from attending. It should be noted that the Village of Asharoken received no notice about today’s meeting and that I learned of it only through a serendipitous meeting with a representative of the Nature Conservancy.
I am requesting that the committee delay acting on the two parcels designated as Eaton Neck LLC. I have been in office for less than a month, have yet to finalize my administration, I have not had an opportunity to meet with the property owners and I need time to assess the implications that the agricultural designation has on the health and safety of the entire Village. As I will explain the implications for the Village of Asharoken could be very serious if these two parcels are designated as agricultural. Due to the sheer size and proportion of this property relative to the rest of the Village we are dealing with a very unique situation that truly deserves due deliberation.
The implications of Sandpiper Farm becoming an Agricultural District to the Village and its residents are significant. Eatons Neck LLC owns 442 acres, 51% of the Village of Asharoken land area. Eatons Neck LLC will pay approximately $220,000 in Village taxes this year, or about 14% of the amount raised by taxes. An Agricultural District designation, yet to be calculated by State assessors, may see the Village of Asharoken lose most of the $220,000 in taxes annually, a shortfall which must be picked up by the taxpayers in the Village.
Equally important as lost taxes is that NY State Agricultural and Markets Laws § 301 and §305-a provides “protection from unreasonably restrictive local laws” such as our zoning/land use laws, restrictions on signs, noise provisions, and our tree ordinance, etc. Allowed under the State laws are dormitories for workers and on premise trailers. The law also states that “on-farm open burning is considered a part of farm operation and is thus protected from unreasonable local restrictions”, and suggests “exemptions for storage and composting of animal waste” without regard to odor regulations. Due to the sheer size of Sandpiper farm we easily could lose zoning control of half our Village.
The case against businesses including commercial agriculture is well established in our Village and in our laws. In spite of what Sandpiper’s lawyers say, there has been no commercial agriculture in the Village since 1939. In 1981 Sandpiper Farm started a riding school and constructed a $100,000 indoor riding arena. By 1982 the Village filed suit charging the riding school violated zoning laws prohibiting commercial operations. The case went to the Appellate Division which affirmed in favor of the Village in 1986, and ordered the school closed and the riding arena demolished. The current use of the property is violating our zoning ordinances in the same manner.
Our Master Plan made the case against commercial agricultural activities, as clearly distinct from homeowner agricultural pursuits such as gardening and non-commercial horse ownership. The Plan was unanimously approved by the Asharoken Board of Trustees and the Suffolk County Planning Commission in 2004.
Recommendations in the Plan led to the following Village ordinance being adopted: ARTICLE II, § 125-3. Enumeration of districts; agricultural activities prohibited. [Amended 2-3-1964; 4-8-2005 by L.L. No. 2-2005] A. Since no business or trade other than agriculture has ever been carried on within the Village or on lands immediately adjacent to the Village, and the lands within the Village have been exclusively devoted to resident uses and there has been no agricultural use of land within the Village since 1939, …….and since introduction of business, including agriculture, in the Village might seriously affect the health and would seriously affect the comfort of the residents of the Village and the values of property therein, the Incorporated Village of Asharoken is hereby divided into three classes of districts, each of which is a residence class…… B. All agricultural activities……… for commercial purposes … shall be prohibited in all such residential districts. [Amended 10-3-2006 by L.L. No. 4-2006].
Your committee is thus considering placing these 2 parcels into an agricultural district even though the entire village is residential and the commercial use of the property, as described in owner’s application, violates our zoning laws. Clearly, this entire exercise is nothing more than a pretext to use the fact that 15 horses are stabled on this parcel to get the owners property taxes reduced. Asharoken, Northport, Huntington and Suffolk County residents are in essence being asked to subsidize the hobby of an extraordinarily wealthy land owner who also owns horse farms in Maryland and Virginia. I have attached an article from the Nation that explains how wealthy landowners throughout our country make use of agricultural breaks to lower their property taxes. This cannot possibly be what the agricultural exemption was intended to achieve or be used for. Not only will the Village of Asharoken be materially impacted by lower property taxes but so will the Northport School District, Town of Huntington and Suffolk County.
Keeping land undeveloped is a great idea, and the benefits for the Village of Asharoken, perhaps, may outweigh the costs. But without a chance to speak to the property owners directly and a reasonable amount to time to do a cost benefit analysis, the Village is not in a position to make any type of reasonable decision. It is only fair to allow us a little more time to be able to properly respond to this complex and complicated situation. And given this opportunity it is possible that the Village could decide that agricultural designation, coupled with a mechanism to legalize the present use of the property and preserve our zoning control over it, may be acceptable.
I thank you for hearing my concerns and hope that your committee will agree to postpone any decision for at least a month.
Sincerely,
Dr. Gregory Letica
Mayor, Village of Asharoken