HomeMy WebLinkAboutLL-2003 #01Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET. ALBANY. NY 12231
(Use this form to fde a local law with the Secretary of State.)
Text of law ~hould be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 1 2003
Temporary Moratorium on the processing, review of, and making decisions on certain applications (new
or pending) made to the Board of Trustees pursuant to Chapter 97 "Wetlands" of the Southold Town Code.
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1: Legislative Intent
The Town of Southold possesses a rich heritage of scenic, historic and natural resources which are vital
to the town's sense of place and to its economic success as a community.
The upland acreage of Southold Town, including Fishers Island is approximately 34,369 thousand acres
with approximately 163 linear miles of shoreline. This acreage is bounded to the north by the nationally
recognized estuary of Long Island Sound and to the south by the nationally recognized Peconic Bay Estuary.
Trustee jurisdiction under the Andros Patent encompasses more than 2,000 acres of tmderwater lands, not
including Sound and bayfront owned by the State of New York. The local economy is based on two traditional
industries and a third, newer, but strong industry: farming, recreational and commercial fishing and
tour/sm/second homes. The economy is based squarely on a tmique, extraordinarily beautiful and productive
environment that is both fi:agile and sensitive. Protection of that environment therefore is of utmost importance
to the Towns financial health and long-term furore.
The comprehensive planning objectives of the Town of Southold are: 1) the preservation of Natural
Resources; 2) preservation of Open Spa'ce;and Recreational Space; 3) preservatio'~0fthe Rural, Cultural,
Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4) the preservation of
farmland and agriculture.
In August 2002 the Town of Southold adopted a moratorium on the review and granting of major and minor
subdivisions and approvals for multidwelling development. The purpose section of that moratorium stated in
part that "The Town Board finds that increased growth and development within the Town of Southold are
placing severe pressure on water supply, agricultural lands, open and recreational space, the rural character of
the commtmity and natural resources located within the Town."
One of the primary tools implemented by the Town to protect its natural resources is Chapter 97
(entitled "Wetlands") of the Southold Town Code. The existing laws and procedures set forth in Chapter 97
should have the practical effect of ensuring that new development and redevelopment are in accordance with the
To~vn's comprehensive planning objectives. Unfortunately the practical reality is that the laws set forth in
Chapter 97 to protect wetlands and wetland boundaries are not having this effect.
Two critical studies and analysis which include the Town's wetlands, wetland boundaries and natural
resources are 1) the To~vn's Local Waterfront Revitalization Program (LWRP) and 2) the Peconic Estuary
Comprehensive Management Plan.
After years of study, fact gathering and writing, completion of a LWRP for the Town of Southold is
imminent. In addition, the Comprehensive Peconic Estuary Management Plan has recently been adopted. The
LWRP is a comprehensive plan for the entire Town. As waterfront land has, in certain instances, been
inappropriately developed, Town waters and habitats have been negatively impacted. One example of this is
the closure of shell fishing areas such as Mattituck Creek and James Creek due to an increase oF coliform
bacteria from septic systems and stormwater runoff, to name just two sources.
The LWRP and the Peconic Estuary Plan recommend several land use measures that should be adopted
by the Town to augment estuary protection. The Town and the Board of Trustees intend to carefully consider
and possibly implement these recommendations
The Board of Trustees and the Town will use the moratorium time to evaluate the effects, both
2
singularly and cumulatively, of these ac~ons in order to minimize damage from ~o~sion, turbidity or siltation,
saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, lost of aquatic wildlife and
vegetation and the destruction of the natural habitat thereof° to minimize the danger of flood and storm-tide
damage and pollution, and to otherwise protect the quality of wetlands, tidal water, marshes, shorelines,
beaches, dunes, bluffs and natural drainage systems for their conservation, ecological, hydrological, economic,
aesthetic, recreational and other public uses and values, and further to protect the Potable fresh water supplies of
the Town from the dangers of drought, overdraft, pollution from saltwater intrusion or inappropriate land uses
and misuse or mismanagement.. A moratorium will give the Town and the Board of Trnstees time to consider
and implement the LWRP and the best land use techniques for protecting its waterfront resources.
This moratorium addresses the fact that new growth in the form of new structures on existing waterfront
lots and underwater lands poses a similar potential to impair the Town's unique environment, geology and
hydrology. Many of the Town's existing watert~ont lots, whether they be vacant or developed, residentially or
commercially zoned, do not conform to current zoning in that they are smaller than the minimum required
acreage. Therefore, the development and redevelopment of these lots is of utmost concern because these
activities have the potential to cause further harm to the coastal environment. This moratorium will enable the
Town and the Trustees to focus on crafting and implementing a strategy to ensure that it actually achieves its
comprehensive planning objectives. This action is necessary in order to protect the character, natural resources
and environment of the Town of Southold and the public health, safety and welfare of Town residents.
Section 2:
Enactment of a Temporary Moratorium
For a period of twelve (12) months following the effective date of this Local Law after which date this
Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the
Town Board within the twelve (12) month period:
1) The Board of Trnstees of the Town of Southold shall not accept for review, continue review, hold a
3
hearing or make any decisioit~apon any application (new or pending) m~de pursuant to Chapter 97 of
the Town Code of the Town of Southold for any new residential or commercial structure/building on
vacant land;
2)
-The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a
heating or,make any decision upon any application (new or pending) made pursuant to Chapter 97 of
the Town Code of the Town of Southold for any "operations" (as that term is defined in Chapter 97)
below the high tide line of any "tidal waters" (as that term is defined in Chapter 97) or in standing
water of any "fi:eshwater wetlands" (as that term is defined in Chapter 97)
Section 3: APPLICATION
1)
This Local Law shall apply to ALL (new or pending) applications seeking a Chapter 97 pemait
l~om the Board o£Trustees of the Town of Southold for any new a residential or commercial
structure/building on vacant land or any "operations" (as that term is defined by Chapter 97 of the
Southold Town Code) below the high tide l'me of"tidal waters" (as that term is defined in Chapter
97) or in standing water of any "keshwater wetlands" (as that term is defined in Chapter 97)
Section 4: EXCLUSIONS
This Local Law shall not apply to:
1) the ordinary and usual operations incidental to the cultivation and/or harvesting of fish and shellfish;
2) the ordinary and usual operations relative to conservation of soil, vegetation, fish, shellfish and
wildlife;
3) the ordinary and usual operations relative to agriculture, aquaculture or horticulture;
4) the ordinary and usual maintenance or repair ora presently existing permitted building, dock, pier,
wharf, bulkhead, jetty, groin¢~ke, dam or other water control devise c~i~Structure;
5) the construction ora registered bulkhead, which is to replace an existing functional bulkhead,
provided that the new bulkhead is constructed substantially similar to the design and measurement of
the existing bulkhead and located in place of the existing bulkhead;
6) repair or renovation to existing residential or commercial building or structures;
7) accessory structures above the high tide line;
8) applications/inquires to the Board of Trustees for determinations of non-jurisdiction.
Section 5: CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the
provisions of Chapter 97 of the Southold Town Code this Local Law supercedes, amends and takes precedence
over such provisions pursuant to the Town's municipal home role powers, pursuant to Municipal Home Rule
Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority;
In particular, this local law supercedes Southold Town Code Chapter 97 sections 97-20, section 97-21; section
97-22, section 97-24, section 97-25, section 97-27, section 97-28, and section 97-29 which require the Board of
Trustees act upon, hold hearings on, and make decisions concerning applications.
Section 6: 'APPEALS PROCEDURE
The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in
its legislative discretion, upon its determination that such variance or waiver is required to alleviate the
extraordinary hardship of the imminent danger of collapse or structural failure a residential or commercial
structure or building. To grant such a request the applicant must file with the Town Board and the Board of
Trustees supporting documentation, including a certified engineers report.
AnY reqUest for a variance or waiver shall be filed with the Town Clerk and the Board of TruStecs (for
recommendation) and Shall include a fee of $150.00 dollars for the processing of the application. The
application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a
5
public heating and make a final decisioh-oia the application, with or without cond~cons. Final approval is
reserved to the absolute legislative discretion of the Town Board.
Section 7: SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
Section 8: EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. 11/99)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law mmexed hereto, designated as local law No. 1 of 20 03 . of the
(County)(City)(Town) (V~]lage) of SOUTHOLD was duly passed by the
TOWN BOARD on January 7 ,20 03 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20 ,
m accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed, by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 Such local law was submitted
to the people by reason ora (mandatory)(permissive) referendum, and received the affn-mative vote ora majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and f'mal adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance w/th the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
' ' 5. (City local law concerning Charter rev~6n proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20 __
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the quahfied electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk of the~6unty legislative body. City. To~n or Village Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
~(Seal) Date: January 8, 2003
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law containsfl,h~jTcorrect text and that all r~.lLgr, oper-~oceedings
have been had or taken for the enactment of the local law armex~
Sig~tfttre ~
- Kathle,m Murray, Esq., Assistant T~wn Attorney
~P-atricia-A. Fiaa~au, Esq., Assistant Town Attorney
Gregory F. Yakaboski, Esq., Town Att~rnev
Title
Cib'
Town of
SOUTHOLD
Date:
(3)
January 8, 2003
G~-ORGE E. PATAKI
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
AL.~ANY. NY ~23 I -000 I
RECEIVED
FEB i 0 2003 - _ .
~ ANIELS
:~O U~'h 0 J d ~E~)~ S ....
February 5, 2003
ELIZABETH A. NEVILLE
TOWN HALL 53095 Main Road
P.O. Box 1179
SOUTHOLD, NY 11971
Re: Trustee Moratorium
RE: Town of Southold, Local Law 1, 2003, filed 01/13/2003
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
DEPARTMENT OF PLANNING
C/:DUN"T'Y OF SUFFOLK
ROBERT d. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
RECEIVED
JAN 2 2008
DIRE~OR OF PLANNING
December 30, 2002
Town Clerk
Town of Southold
Applicant: Town of Southold
Zoning Action: Moratorium on applications pursuant to
Chapter 97.
Public Hearing Date: 1/7/03
S.C.P.D. File No.: SD-02-8
Gentlemen:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative
Code, the above referenced application which has been submitted to the Suffolk County Planning
Commission is considered to be a matter for local determination as there is no apparent significant
county-wide or inter-community impact(s). A decision of local determination should not be
construed as either an approval or disapproval.
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
G:\CCHORNY~_ONING',ZONING\WO RKING\LD2OO2.JAN\NOV~SDO2-8. NOV
LOCA"flON MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR · ~ O, BOX 6 O0 · C~i3 I ) 853-5 190
I O0 Vb~T'ERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 788-0099 TELECOPIER (63 I } 853-4044
ELIZABETH A. NEVI]
TOWN CLERK
REGISTRAR OF VITAL STAT
MARRIAGE OFFICER
RECORDS MANAGEMENT O~
FREEDOM OF INFORMATION;
Ms, Elizabeth A. Neville:
The following material has been received
and will be orocessed for inclusion in your
Code as sup?)emental pages [where
applicable):
Local Law No. 1-2003
Town o~ $outhoid R~CE[V~D
CtO CJe~'s Office
PO Box ~ ~ 79
Southold, N'Y' ~971jAN 1 7 2003
New York State Depam
State Records and Law'
41 State Street
Albany, NY 12231
General Code Publishers {¢0tllh0Jd lo~a {~Je~
Phone: 800/836-8834
F~: 585/328-8189
E-mail: s~les~gener~de.~m ,, ~
t ~ jmlh,,lJl~h,h-JmlJJl"hh'hhJ~h~h'Jhh"'l'L
RE: Local Law Number 1 of 2003
Town of Southold, Suffolk County
Dear Sirs:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, [ am
enclosing herewith certified copies of Local Law Number 1 of 2003 of the Town of Southold
suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the enclosures
in your office. Thank you.
SENDER: COMPLETE THIS SECTION
· Complete items 1,2, and 3. Also complete
i.tel:i 4 :[ R~::§t?i~TD(,qivo%, is desired.
· P'n[ ¥o[i; r~me?,:::.'d ~i,'iclrc. ss o!~ the mveme
s:) th,'.,I v.',:~ dL~ri'~tt¥/1,!l:l.~ card !o you.
· Attach this card to the back of the mailp~ece,
or on the front if space permits.
1. Art c e Addressed to ~,~.
N~S Depa r tm~e~ "~f Sta te
S,t~tc ~',.'~..':~:,~,..:.'~ 'aw Bureau
qlJ'~a ' "
....... · . ':. ,.~"i.,
Albany, NY 12231
COMPLETE THIS SECTION ON DELIVERY
A. Received by (Please Print Clearly) B. Date of Delivery
C. Signal:ute JAN .1 8
X
[] Addressee
D. Is delivery eddress different from item 17 [] Yes
If YES, enter delivery address below: [] No
3. Service Type
~ Certified Mail [] Express Mail
~A~;~ ]X~ Registered [] .Return Receipt for Merchandise
[] Insured Mai [] C.O.D.
......... _~ .._ 4. Reetricted Delivery? fExtm Fee} [] Y~n
2. ;,r 2. ' * ;f;;'.?;,;'.i~?.'?~-:,, % '...,
PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952
LEGAL NOTICE
· PLEASE ,T.~ N~TIC, E t~at ~he
Town Bon"d o'~ t~'6~,'~ ~ Southnld
ocal, law ent~fled Tern ? or~
I.O('AI, I.A~ ~O ....
BI Ii' :N%(."BI.I) BY. Ih~ 'low.
I
STATE OF NEW YORK)
)SS:
~ OF.,SUFFp~.K)
~/"~=,-~./'~_.~'~"z~'~='"~. of Mattituck, in said
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York,
and'that the Notice of which the annexed is a printed
copy, ha,s been regularly publish,ed in said Newspaper
once each week for / weeks succes-
ofSively' c~ on20~2_~the /5' day
Sworntobe,o eth,s
day of
I_^HR^ E, BOND^RCHUK
Rotary Public, State of Now York
No O1B06067958
Qualified in Suffolk County /'~t-~
My Commission Expires Dec. 24, 2
0,.~o
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the i'~ day of ~,x.~.. ~ ,2002, she affixed a
notice of which the annexed printed notice is a true copy, in a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Elizabeth A. Nteville
Southold Town Clerk
Sworn before me this
~ davy of ~3~~ , 2002.
LYNDA M. BOHN
NOTARY PUBLIC, State of New
No. 01B06020932
Qualified in Suffolk Count~
Term Expires March 8, 20~___
SOUTHOLD TOWN BOARD
PUBLIC HEARING
January 7, 2003
ON "TEMPORARY MORATORIUM ON THE PROCESSING, REVIEW OF AND MAKING
DECISIONS ON CERTAIN APPLICATIONS (NEW OR PENDING) MADE TO THE BOARD OF
TRUSTEES PURSUANT TO CHAPTER 97 'WETLANDS' OF THE SOUTHOLD TOWN CODE."
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Comacilman Craig A. Richter
Councilman Thomas H. Wickham
q: :t: :t:
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
COUNCILMAN WlCKHAM: PLEASE TAKE NOTICE that the Town Board of the Town of
Southold shall hold a public hearing at 5:00 p.m. on January 7, 2003 at the Southold Town Hall on the
following proposed local law entitled "Temporary Moratorium on the processing, review of, and
making decisions on certain applications (new or pending) made to the Board of Trustees pursuant to
Chapter 97 "Wetlands" of the Southold Town Code."
LOCAL LAW NO. 2003
Temporary Moratorium on the processing, review of, and making decisions on certain
applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 "Wetlands" of the
Southold Town Code.
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section I: Legislative Intent
The Town of Southold possesses a rich heritage of scenic, historic and natural resources, which
are vital to the town's sense of place and to its economic success as a community.
The upland acreage of Southold Town, including Fishers Island is approximately 34,369
thousand acres with approximately 163 linear miles of shoreline. This acreage is bounded to the north
by the nationally recognized estuary of Long Island Sound and to the south by the nationally
recognized Peconic Bay Estuary. Trustee jurisdiction under the Andros Patent encompasses more than
2,000 acres of underwater lands, not including Sound and bayfi'ont owned by the State of New York.
The local economy is based on two traditional industries and a third, newer, but strong industry:
farming, recreational and commercial fishing and tourism/second homes. The economy is based
squarely on a unique, extraordinarily beautiful and productive environment that is both fragile and
sensitive. Protection of that environment therefore is of utmost importance to the Towns financial
health and long-term future.
The comprehensive planning objectives of the Town of Southold are: 1) the preservation of
Natural Resources; 2) preservation of Open Space and Recreational Space; 3) preservation of the
Public Hearing
Trustees Moratorium
Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4)
the preservation of farmland and agriculture.
In August 2002 the Town of Southold adopted a moratorium on the review and granting of major and
minor subdivisions and approvals for multidwelling development. The purpose section of that
moratorium stated in part that "The Town Board finds that increased growth and development within
the Town of Southold are placing severe pressure on water supply, agricultural lands, open and
recreational space, the rural character of the community and natural resources located within the
Town."
One of the primary tools implemented by the Town to protect its natural resources is Chapter
97 (entitled "Wetlands") of the Southold Town Code. The existing laws and procedures set forth in
Chapter 97 should have the practical effect of ensuring that new development and redevelopment are
in accordance with the Town's comprehensive planning objectives. Unfortunately the practical reality
is that the laws set forth in Chapter 97 to.protect wetlands and wetland boundaries are not having this
effect.
Two critical studies and analysis which include the Town's wetlands, wetland boundaries and
natural resources are 1) the Town's Local W~aterfront Revitalization Program (LWRP) and 2) the
Peconic Estuary Comprehensive Management Plan.
After years of study, fact gathering and writing, completion of a LWRP for the Town of
Southold is imminent. In addition, the Comprehensive Peconic Estuary Management Plan has recently
been adopted. The LWRP is a comprehensive plan for the entire Town. As waterfront land has, in
certain instances, been inappropriately developed, Town waters and habitats have been negatively
impacted. One example of this is the closure of shell fishing areas such as Mattituck Creek and James
Creek due to an increase o coliform bacteria from septic systems and stormwater runoff, to name just
tWO SOurCeS.
The LWRP and the Peconic Estuary Plan recommend several land use measures that should be
adopted by the Town to augment estuary protection. The Town and the Board of Trustees intend to
carefully consider and possibly implement these recommendations
The Board of Trustees and the Town will use the moratorium time to evaluate the effects, both
singularly and cumulatively, of these actions in order to minimize damage from erosion, turbidity or
siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, lost of aquatic
wildlife and vegetation and the destruction of the natural habitat thereof, to minimize the danger of
flood and storm-tide damage and pollution, and to otherwise protect the quality of wetlands, tidal
water, marshes, shorelines, beaches, dunes, bluffs and natural drainage systems for their conservation,
ecological, hydrological, economic, aesthetic, recreational and other public uses and values, and
further to protect the potable fresh water supplies of the Town from the dangers of drought, overdraft,
pollution from saltwater intrusion or inappropriate land uses and misuse or mismanagement.. A
moratorium will give the Town and the Board of Trustees tune to consider and implement the LWRP
and the best land use techniques for protecting its waterfront resources.
This moratorium addresses the fact that new growth in the form of new structures on existing
waterfront lots and underwater lands poses a similar potential to impair the Town's unique
environment, geology and hydrology. Many of the Town's existing waterfront lots, whether they be
vacant or developed, residentially or commercially zoned, do not conform to current zoning in that
they are smaller than the minimum required acreage. Therefore, the development and redevelopment
of these lots is of utmost concern because these activities have the potential to cause further harm to
the coastal environment. This moratorium will enable the Town and the Trustees to focus on crafting
and implementing a strategy to ensure that it actually achieves its comprehensive planning objectives.
Public Heating
Trustees Moratorium
This action is necessary in order to protect the character, natural resources and environment of the
Town of Southold and the public health, safety and welfare of Town residents.
Section 2: Enactment of a Temporary Moratorium
For a period of twelve (12) months following the effective date of this Local Law after which
date this Local Law shall lapse and be without further force and effect and subject to any other Local
Law adopted by the Town Board within the twelve (12) month period:
1) The Board of Trustees of the Town of Southold shall not accept for review, continue
review, hold a hearing or make any decision upon any application (new or pending) marie
pursuant to Chapter 97 of the Town Code of the Town of Southold for any new residential
or commercial Structure/building on vacant land;
2) The Board of Trustees of the Town of Southold shall not accept for review, continue
review, hold a heating or make any decision upon any application (new or pending) made
pursuant to Chapter 97 of the Town Code of the Town of Southold for any "operations" (as
that term is defined in Chapter 97) below the high tide line of any "tidal waters" (as that
t~n is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as'that
term is defined in Chapter 97)
Section 3: APPLICATION
3) This Local Law shall apply to ALL (new or pending) applications seeking a Chapter 97
permit fi:om the Board of Trustees of the Town of Southold for any new a residential or
commercial structure/building on vacant land or any "operations" (as that term is defined
by Chapter 97 of the Southold Town Code) below the high tide line of"tidal waters" (as
that term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as
that term is defined in Chapter 97)
Section 4: EXCLUSIONS
This Local Law shall not apply to:
1) the ordinary and usual operations incidental to the cultivation and/or harvesting of fish and
shellfish;
2) the ordinary and usual operations relative to conservation of soil, vegetation, fish, shellfish
and wildlife;
3) the ordinary and usual operations relative to agriculture, aquaculture or horticulture;
4) the ordinary and usual maintenance or repair of a presently existing permitted building,
dock, pier, wharf, bulkhead, jetty, groin, dike, dam or other water control devise or
structure;
5) the construction of a registered bulkhead, which is to replace an existing functional
bulkhead, provided that the new bulkhead is constructed substantially similar to the design
and measurement of the existing bulkhead and located in place of the existing bulkhead;
6) repair or renovation to existing residential or commercial building or structures;
7) accessory structures above the high tide line;
8) applications/inquires to the Board of Trustees for determinations of non-jurisdiction.
Section 5: CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE
To the extent that any provisions of this Local Law are in conflict with or are construed
as inconsistent with the provisions of Chapter 97 of the Southold Town Code this Local Law
supercedes, amends and takes precedence over such provisions pursuant to the Town's municipal
home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section
l 0(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority;
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In particular, this local law supercedes Southold Town Code Chapter 97 sections 97-20, section
97-21; section 97-22, section 97-24, section 97-25, section 97-27, section 97-28, and section 97-29
which require the Board of Trustees act upon, hold heatings on, and make decisions concerning
applications.
Section 6: APPEALS PROCEDURE
The Town Board shall have the authority to vary or waive the application of any provision of
this Local Law, in its legislative discretion, upon its determination that such variance or waiver is
required to alleviate the extraordinary hardship of the imminent danger of collapse or structural failure
a residential or commercial structure or building. To grant such a request the applicant must file with
the Town Board and the Board of Trustees supporting documentation, including a certified engineers
rffport.
Any request for a variance or waiver shall be filed with the Town Clerk and the Board of
Trustees (for recommendation) and shall include a fee of $150.00 dollars for the processing of the
application. The application and Board of Trustee recommendation shall be transmitted to the Town
Board, which may conduct a public hearing and make a final decision on the application, with or
without conditions. Finat approval is reserved to the absolute legislative discretion of the Town Board.
Section 7: SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged
by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this
law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8: EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
COUNCILMAN WICKHAM: A certified copy of this resolution adopted December 17 is attached
and I have copies that the resolution and this notification has been sent out to newspapers. It has
appeared on the Town Clerk's bulletin board back here. 1 have various copies and certification of it, I
don't believe I have any notices. I am looking for correspondence on tiffs particular, here it is. Some
of this is in handwriting and I may have a little trouble with it. I will just very briefly go over it, this is
from Gary Portaden, M.D. "As a long time summer resident of the North Fork, I am writing to let you
know that I support the temporary wetlands moratorium on new and pending requests as described in
the legal notice." He goes on to say that he hopes that the members will do everything possible to
preserve the waterfront wetlands areas of Suffolk County. From Thomas Hubbard, "I write on behalf
of myself and my wife, Anne Hubbard, summer residents on Soundview Avenue, Peconic, and
although relatively rec~nt dwellers in the North Fork, sincerely dedicated to its preservation. Not only
for us summer visitors but for ail those who have eailed it home over the generations. The purpose of
my letter is to endorse and support as strongly as I can, the temporary wetlands moratorium on new
and pending permit requests. Pressures for development on the North Fork are relentless and unending
and the proposed moratorium is essential to give everyone a chance to step back and consider absent
the clamorous demands of the insistent present, how best to preserve these wetlands and waterfront
areas which are such an integral part of this unique and beautiful part of the world." A notice from
Sara and David Evans, "As property owners and taxpayers we are writing in support of the proposed
wetlands moratorium. We believe this moratorium will provide the Town with an opportunity to
rewew its policies and procedures and this window will enable the Town to come up with more
consistent and environmentally sound policies regarding wetlands preservation. Our Town wetlands
are our greatest asset and we hope the Board will undertake the moratorium and consider all new and
pending requests with utmost care and consideration." From Captain Gordon, "Dear Supervisor and
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Town Board members, Once again, I find myself writing a letter to you on behalf of the Southold
Town Baymens Association. And what is disturbing is it is in reference to the same subject. Please
give the Trustees the authority to do their job properly. And second, please don't hold up the request
for moratorium." And I have some more e-mails here. One is from a Lynn McWood, "I would like to
express my strong support for the proposed temporary wetlands moratorium of new and pending
permit requests. As a summer resident with long-standing family connections to Peconic, I am
concerned about certain recent coastal developments. I believe these are ecologically unwise and risk
destroying the special character of Southold's scenic coastal areas. I worry about houses built so close
to the Sound's shore that it is hard to imagine how septic systems could safely function. [ worry that
the owners of these houses do not understand the natural on-going processes of beach movement will
eventually demand structures to protect their houses to the detriment of their neighbors, public and
private. I worry about proposals to build houses next to public wetlands reserves in ways that destroy
existing views. I worry about rules that prohibit the construction of small houses and give free rein to
construction of very large houses. Under current law, if major damage should occur to any of these
cottages, the owners will be required to replace them with larger houses regardless of the scale. Small
houses can be designed to preserve views of the water, with proper guidelines small houses should be
encouraged, not banned. It would be more beneficial to maintain the scenic quality of coastal areas if
there were maximum size limits rather than minimum size limits. For all these reasons~ I strongly
support the proposed moratorimn." This is from Mrs. Dorothy Victoria, "Dear Supervisor Horton, I
would like to encourage you and your Board to vote yes for a temporary wetlands moratorium." From
Gloria and Sidney Waxler, Peconic Lane, "We urge you to support the moratorium pertaining to
Chapter 97, Wetlands." From Maggie Bricwist, "Unfortunately, I will not be able to attend the Town
Board hearing on January 7th but I would like you to know that I strongly support the temporary
wetlands moratorium on new and pending permit requests. On behalf of current and future generations,
thank-you all once again for the time and attention that you are giving to the care and preservation of
Southold's unique heritage of scenic, historic and natural resources." From Deborah Gordon Brown,
"To Joshua Horton, the Town Board and the Board of Trustees, Regretfully, I will probably be unable
to attend the Town Board meeting on January 7th. Please be known that I am voting for the
moratorium3 its continuance and whatever time the Town needs in any and all of its offices to
thoroughly evaluate and adopt whatever proposals are needed to preserve the unique qualities of the
Town and its Sound and Bay shores. As you are no doubt aware, the file on Diamond Lane property is
invaluable citizen produced resource in support of your studies. It is replete with photos and letters
from environmental resources, it also contains anything that I might have said directly at the meeting
of January 7, 2003." I believe that that is all the documents that I have here pertaining to the heating
tonight, all the written materials. Is there anything that I have forgotten?
SUPERVISOR HORTON: At this point, I wilt offer the floor to the public in regard to this specific
public hearing. I ask that with the amount of people that we have here, we refine our comments to
three minutes and in doing so, please address the Board, stating your name, place of residence,
speaking from one of the two microphones provided in the front of the room. At this point, would
anybody care to address the Town Board?
GWEN SCHROEDER, NORTH FORK ENVIRONMENTAL COUNCIL: I want to say on behalf of
the Council that we endorse the passage of the moratorium. I think that it is very timely. With all the
development pressures that the Town is facing, waterfront property is probably under the most intense
pressure and our wetlands and our estuaries, not only are they important environmentally but culturally
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and economically, as well. And on behalf of the Council, I also want to say that in this period of time
that you have, that not only should you work to strengthen our wetland laws, to protect them but you
should also give the Trustees the resources to make sure that they are efficiently enforced. And give
them the resource to research, to see how things are working out and not just strengthening our code,
which is truly in need but also dedicating those resources. Because I really think that it is an
investment in Southold's future and that we need to apply the necessary resources. About two years
ago, the NFEC did a survey and we had about 10 issues and we asked people to rate them in order of
importance and they went from wetlands protection to farmland preservation to their concerns about
Plum Island and Millstone and by far, wetlands protection came out number one. That is how our
membership feels, so we support this. Thanks.
SUPERVISOR HORTON: Thank you. Would anyone else care to address the Town Board?
MARION GOTBETTER: My name is Marion Gotbetter and at the risk of being redundant, I would
like to read a brief statement. I live on Diamond Lane in Peconic, and I am an adjacent property owner
to substandard sound front lot for which a contract vendee is seeking wetland permits in front of the
Board of Trustees. I am here representing other Diamond Lane residents and other concerned
neighbors, some of whom you have read letters from. Most of you are familiar with this property and
the many issues supporting its conservation. Every State, County and Town official who has viewed
this property agree that it is unsuitable for building yet there are no existing laws to prevent its
development, clear laws. I speak of it specifically because it is a prime example of the broader issue
and why the Trustee's need the temporary wetlands moratorium to amend Town laws and thereby
enable them to effectively enforce wetlands Chapter 97. I have been present at many Trustee hearings
and witnessed how clear or stronger codes can eliminate their straggle to support their mandate to
protect vulnerable areas that are large and small, under their jurisdiction. Look'rog around Southold
Town and reading our local papers proves how devastating the cumulative effects of developing small
and large open space is. The lot I know so well exemplifies the importance of saving these small
waterfront lots. Just as an example, building a home on this now inaccessible lot would entail cutting
and filling to build a road down a fragile, erosion susceptible 40' bluff, filling in parts of fresh-water
wetlands, bringing in more truckloads of fill so a house could sit six feet high above the water line,
locating a septic system at the edge of the coastal erosion hazard line and disrupting animal species,
including piping plovers as well as natural habitat, which has been undisturbed for decades. Although
less than an acre, this property is pan of a rare pristine mile and a half that exists between Goldsmiths
Inlet and Keimeys Beach. Allowing development would potentially open up a Pandora's box for
setting a precedent for the development of the whole area. It is also part of the Town's local waterfront
revitalization program. Our Trustees need the time to review and rewrite the wetlands Chapter 97 in
order to more effectively protect lots like this one and implement the local waterfront and Peconic
Estuary revitalization plans. We need to preserve what is left of our natural environment and heritage
by protecting areas that should simply not be developed. The present tack, what we have been
witnessing, attempting to limit the impact of development in fragile areas and the wasteful expenditure
of public and private funds in an attempt to do so is no longer an acceptable solution. Halting
development and finding other solutions when warranted is essential. The present pressures of highly
lucrative development of scarce waterfront properties demands stronger taws. Please give the Trustees
the tools and the time that they need, please vote yes today on the temporary wetlands moratorium on
new and pending applications as requested. Thank-you.
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SUPERVISOR HORTON: Thank-you. Would anyone else care to address the Town Board?
ROBERT GHOSIO, JR., CHAIRMAN CONSERVATION ADVISORY COUNCIL: My name is Bob
Ghosio, Jr. I mn the Chairman of the Southold Conservation Advisory Council. I come up here
tonight on behalf of the Council to lend support to the proposed moratorium for the projects on the
wetlands. As you are aware, the CAC is comprised of a group of people with various backgrounds in
environmental science, ecology, biology, zoology, engineering and public administration. And the role
of the Council here in Southold is primarily to help the public officials make informed decisions on
issues dealing with our natural resources. Certainly, it could be argued that our natural resources in
Southold Town are the Town's greatest asset. Without our farmland vistas, North Shore bluffs, bays,
woodlands, wildlife corridors, htlets, wildlife and sea life and all the activities planned around our
natural resources, Southold's economy would be a bust. It stands to reason therefore, that protecting
these nwtural resources is of utmost importance. Since Southold Town does not have a Natural
Resources Department to deal with the wide range of issues concerning natural resource use here,
many different departments, depending on the circumstances, share the responsibility. By having suer
a decentralized resource management strategy there cannot be a consistency in planning,
implementation, inspection or regulation of projects affecting our natural resources. And while this is
not meant to be derogatory in any way, up until the Town's recent growth spurt our Town leaders and
by and large the citizens, did not see a need for centralizing resource management. However, as more
people decide to live here and visit here, our Town's resources are being stretched and in many cases
abused. It is good that we should try to come to grips with this before it is too late. The hearing
tonight is about taking a step back and re-evaluating the past, present and future needs of our citizens
and the effects that those needs have on our most precious commodity, our wetlands. The Town
Trustees have asked..for a moratorium on applications for major projects on the wetlands and this is to
be applauded. A time out is necessary to decide what steps must be taken to protect our wetland
ecology and its reliant economy. As the CAC proved with its compliance study in 2002, on average
50% of all finished projects on the wetlands ignored Trustees stipulations. That is to say that if the
Trustees granted a permit for work on the wetlands, five times out of ten, these protective measures
were not performed. Follow-up inspections were not always done, violations were not written and
there are seemingly few ramifications to non-compliance. This can only encourage abuse. For
example, if follow-up inspections are not routinely performed or fines are too small, people will tend to
gamble on getting caught doing something wrong and already have the fine figured in their budget.
Just another cost of doing business, so to speak, enforcement as it is currently set up is not a deterrent
against abuse of our vital wetlands habitat. Even Plum Island forgets, or seems to regard current
policy, a recent natural resources defense council report cited that Plum Island in the last three years
has issued, was issued 130 violations for excesses effluent released, high fecal coliform releases, high
chlorine and pH levels and release of oils and grease. Plum Island is the second worst polluter from
Cape May to Montauk.
SUPERVISOR HORTON: Mr. Ghosio, in regard to the current Trustee wetlands moratorium?
BOB GHOSIO: Sure, I'll get there. We do need to do something about this abuse. What the Trustees
need is time to step back, gather research and propose legislation for the Board to adopt that will give
them the authority to truly protect our wetlands. They must be able to say 'no' to something on a
project with good reason and have a way to back it up. They need a centralized code to be able to base
decisions on and be able to point to as justifications in case of abuse. And to conclude, the
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Conservation Advisory Council believes that we need codes and laws that will make people
accountable for what they do to or on the wetlands. That we must protect our crucial assets, the assets
that drive our economy. The CAC is currently conducting research in several areas and will soon
submit a report with suggestions for new codes and justifications for these codes. It is our sincere hope
that you will vote to start the moratorium tonight and hope that you will find our future
recommendations helpful to you and to the Trustees. Thank~you.
SUPERVISOR HORTON: Thank-you. Would anyone else care to address the Town Board?
WILLIAM STANTON: My name is Bill Stanton, Bungalow Lane in Mattituck. I applied for a dock
permit and was informed of the moratorium and while I can understand the wisdom behind the
moratorium, what I would like to know from you is, will those o£us impacted by this restriction on our
property rights receive a reduction in our taxes for that year?
SUPERVISOR HORTON: If this were imposed, I think the answer to that question would be no.
Would anyone else care to address the Town Board?
THOMAS SAMUELS: Tom Samuels, from Cutchogue. Also a dock builder, since 1967. [ think that
the first thing that the Town Board should do, if in fact, they do impose a moratorium is to make sure
that the Trustees retain their contributions to the General Fund which they get with the fees that they
charge for every application. The Trustees have a great deal to do, they are incapable of doing it, they
don't have the funding. In particular, road run-off projects. That is the first step. I have made the
same advice to the Southampton Town Trustees. They should retain their fees, they are the first
elected body in Southold Town going back to 1640. They have the right to retain those fees, they
should not go into the General Fund. I noticed tonight they appear to have counsel with them. But I
would like to ask the Town Council, have you in fact, looked at the restrictions on moratoria number
one? Number two, have you looked at the issue of riparian rights for docks, for example. And number
three, have you looked at the provisions in Federal code for erosion control? I see before me on the
Town Board one member, who did in fact challenge the Town on riparian rights or possible it was the
DEC and not the Town itself but he was successful. The arguments that he used in that lawsuit were
very cogent, made sense and the court affirmed that particular case. That argument will be applied to
every dock application that my firm or any environmental consultants use. I don't believe that you
have done much research. It is great to talk about providing, one other fact should be known-there is a
net increase in wetlands in Southold Town. Since the start of the regulations in 1977. We have not,
my firm, and I can dare say no other firm, has destroyed wetlands without mitigating it in some way
prescribed by the DEC and confirmed by the Trustees. So this specter, this-what I consider a ploy, the
use of the word wetlands, wetlands, as if somebody is destroying marsh around Hallocks Bay or
something. It hasn't happened and it won't happen. We can't dredge within yards of wetlands when
we do wetlands projects, necessary dredging projects, maintenance projects. There are no new
dredging projects. You can't get permits for them, it is very difficult. So this specter that has been
posed here which is, you know-protect everything and we are doing best to do so, certainly dock
builders are. It is our bread and butter. But what are we going to do if there is a 1992 nor'easter and
there is a great deal of erosion? Are the Trustees using their site specific guidelines, going to deny
those penn/ts? I doubt it. I think the dock issue will be settled in court. It is unnecessary but that is
the problem. The real goal of the Trustees as I understand them and I know them personally and fairly
well, is that their concern is for the, what they consider, sub standard lots. Lots that in days gone by
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9
would not be considered good lots for waterfront housing, like possibly what this lady on Diamond
Lane was talking about. Now that is an issue that is really not a Town wetlands issue, that is a Town
zoning issue. If lots are substandard by environmental standards, then you have every option under
SEQRA to challenge the use of those lots. How many positive declarations have the Trustees issued?
One? Two? I don't know of any. Go through the SEQRA process. It is expensive, it is terrible for the
landowner but if that is you goal, a mechanism exists. But you are going to have to make sure of one
thing, make sure that the Trustees have the funds. Let them keep their fees. Because they are going to
need counsel, ail of these rulings of this type wilt be challenged. And you know, one mans
substandard 10t is another mans golden lot. I know of a gentleman whose family has lived in Southold
since time immemorial, one of the original founding famihes, who has a lot over on North Bayview
and he would like to do something with that lot but he can't do anything with it. He thinks it is a build-
able lot and according to Town Code it is a build-able lot but he has gone around the wringer but in
any event, it is one of these situations were there is no easy answer to take people's property rights
away. And there are no easy answers for taking their civil rights away. So we have riparian rights, we
have the 5th Amendment of the Constitution, the takings clause, we have ail these issues and they are
real. We are asking a minority of our population to benefit the public good, a minority of our
population. There are very few people who live on waterfront in comparison, although their tax rate
would not indicate that. Because it is over 30% of the Town's taxes collected from waterfront
property. The issue is not one that I am at odds with, I would love to see the Town the way it was
when I came here in 1959. I would love to see 123 farmers irrigating their crops on a dry August
month. I would love to see it. It was great. It was a great town but it has changed, as the Island has,
as the nation has. The problems that you are addressing here are directly related to what is going on in
Nantucket and Martha's Vineyard and the State of Maine and Vail, Colorado and Aspen. All over the
nation this is happening, where those that are in place don't want to see a change and I for one don't
want to see change but I am not prepared to have my desires be paid for by a few people, relatively few
people. And this idea of visuai pollution is one that is particularly abhorrent to me. The idea that
somebody has a view that they see and that should never change, any property between them and their
view is anathema~ Now, it is again, the Trustees are the oldest ruling body in the Town, I like them all
personaily, their goals are wonderful. I can't worry about tear-downs on Peconic Bay Boulevard.
SUPERVISOR HORTON: Mr. Samuels?
THOMAS SAMUELS: I will conclude by saying that I, too would like to see everything go back to
1959 but I am not willing to let my desires impede those who come after me and they will be coming,
they are coming. So let the Trustees make their site specific recommendations. Let them use SEQRA
when they have to, above all, fund their counsel because they are going to need it. They need it now.
Thank-you.
SUPERVISOR HORTON: Thank-you, Mr. Samuels. Would anyone else care to address the Town
Board?
RICHARD MORABITO: Richard Morabito, Orient Point. I am a new comer to this area, so you are
going to have to excuse my ignorance. ! thought Southold To;vn Board ran the Town? I keep heating
references tc the Trustees. Could someone tell me who the Trustees are?
SUPERVISOR HORTON: The Trustees are...
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Trustees Moratorium
10
RICHARD MORABITO: What is the legal status of the Trustees? This is brand new to me.
SUPERVISOR HORTON: The Trustees are an elected body. There are five members on the Southold
Town Board of Trustees, they are elected by the public and they are charged with administering
decisions in regard to permits on various aspects of wetlands and they own portions of our waterfront.
RICHARD MORABITO: Is this going back, the original founding? Is this what we are talking about?
Going back to the original founding of Southotd Town? Charters, grants, that sort of thing?
SUPERVISOR HORTON: Yes.
RICHARD MORABITO: Okay. My other question is, is there any point in this meeting when
residents can talk about matters that are not on the agenda?
SUPERVISOR HORTON: Yes, when we move outside of the public hearing and get through the
resolutions, I will offer the floor to the public to address the Board on Town issues.
RICHARD MORABITO: Okay, thank-you.
SUPERVISOR HORTON: Would anyone else care to address the Board in regard to this public
heating?
DAVID CORWIN: My name is David Corwin, I live in Greenport. The first thing that I want to say
is that I am really opposed to moratoriums in general. I question their value because I think all they do
is encourage hasty applications. And once they are dosed, once they are finished the applications just
come right back. I really don't see the point of them. I attended several of your Town Board
deliberations where the Trustees came and they presented their case that they wanted a moratorium.
What I never saw while I was here or heard from the Trustees, was what specifically the problem was.
1 still don't understand what the problem they are trying to prevent is. They started back in August
with their request for a moratorium and it kind of went back and forth between the two groups. And I
would say to you all if the Trustees and you all had started in August to change the wetlands code if
that is what you needed to do, then it could have been done by now. And you could have a new
wetlands code without a moratorium. One target seems to be docks on the Bay, as far as I can see.
The Trustees don't want docks on the Bay and I ask you how many applications are there, how many
applications are there for docks on the Bay? Were any figures presented? I have never seen any
studies that indicate that docks are harmful and my own personal experience is that docks tend to
encourage green growth because the piles are full of marine growth and they encourage fish and
invertebrates in the water. It mentions pending in your local law. Applications that are pending, so
then I ask you, if anyone that has an application in today or tomorrow-they are not going to be able to
have their application go through because they weren't in time for the next Trustees meeting? When is
the cut-off for the deadline going to be? One gentleman mentioned enforcement, as if that was a
consideration. I don't see what the moratorium has to do with enforcement. Those seem to be two
different issues and if you need more enforcement, I think you have Bay constables, you have
personnel that could go and work on enforcements. As you all know, property owners have riparian
rights, you are taxes these property owners for waterfront property which is when you get this high tax
rate, when you charge people these high taxes for having waterfront property, you are saying they can
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Trustees Moratorium
11
build a dock on the property but now you are turning around and saying that no you can't build a dock.
Like one gentleman asked, are you going to give people a rebate on taxes, when you institute a
moratorium? And I think basically what this moratorium represents, it is a manifestation of the don't
build anything anywhere ever, mentality that is taking over. You can't have the population growth that
this country has had over the last 20 or 30 years primarily because of immigration, and not have this
pressure on development. It is here, you have to live with it, I don't like it, I don't like to see change, I
want to see things go back to 1949, never mind 1959. But they are not going back and you are not
going to stop environment moratorium. And again, the Trustees had months to work on the wetlands
Chapter and I never saw anything done. Thank-you.
SUPERVISOR HORTON: Thank-you, Mr. Corwin. Would anyone else care to address the Town
Board on this public heating?
BRUCE ANDERSON: Good Afternoon, my name is Bruce Anderson, I am a local consultant and I
also live in this Town. I must confess that I only found out about this heating about 2 hours ago and I
have been just going through your local law this minute. I hope that we are not going to open and close
this public heating on something this ~mportant in only one meeting. I hope there will be a
continuation because I think that as people look at this and the word gets out more and people study
the local law and consider what its impacts would be versus what its benefits would be that will create
a lot more useful discussion. So I encourage you to keep this public hearing open. When you establish
a moratorium, it is one of the most drastic measures that a Board can take. And it seems to be the
craze over the East End over the past year or so but what one always asks is why do we need this and I
am looking at page 3 in the bottom paragraph which reads, 'that the Board of Trustees will use this
moratorium time to evaluate the effects, both singularly and cumulatively of these actions' that is the
development action which you wish to hold up, 'in order to minimize damage due to erosion, turbidity,
filtration, salt water intrusion, loss of fish, shellfish and other beneficial marine organisms, loss of
aquatic, wildlife, vegetation, destruction of the natural habitats thereof, to minimize the danger of flood
and storm' that is all the things we see in the wetlands ordinance today. It is in your legislative
findings as the reason you have Chapter 97, it is lifted straight from your local law today, so you had a
local law that has been in effect for quite a long time and now you need a moratorium to evaluate why
you had a permit process in the first place. The other thing I fred interesting about this is you say that
the Town's local waterfront revitalization is interwoven throughout this and that its adoption is
imminent and it is that study and the Peconic Estuary Comprehensive Management Plan that seemed to
be the only technical direction you seem to go. That is to say, in your evaluation of all the benefits of
tidal wetlands on the books for decades now, need time to evaluate that now and the vehicles are going
to be the Waterfront Revitalization program and the Estuary program, it seems to me that that is going
to be your body of data and probably the way to do this is to hold heatings on your waterfront
revitalization plan, its release being imminent; combine the two and see how that affects your wetland
law. That is to say, do those studies lead you to some regulatory change? You don't need the time to
collect the data because you are telling us, in part, that these are the two items that are going to give
you the data. If there are other areas of study that are needed to evaluate these benefits of wetlands, it
doesn't appear to be anything in this local law that tells me what kind of studies will be undertaken, by
whom and at what cost, how they will be performed. It seems to me that the way to do this. if it is
determined necessary at all, is to follow, is to move forward on this waterfront revitalization plan, hold
heatings on that, look at that in terms of how the wetland law might be affected as a result of the data
and recommendations in that plan and also the comp plan. And if there was imminent threat of
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Trustees Moratorium
12
destruction because you couldn't change a law fast enough to implement what appears to be the only
technical basis, the only vehicle by which we are going to gather information that is when you hold the
moratorium. That is when you consider having the moratorium. I do hope that you hold it open. But
it seems to me that this moratorium before us today is really premature because at the min/mm you
should see this waterfront plan through. That becomes really the comprehensive planning, zoning,
environmental vehicle by which you might or might not make changes. And that is what you hold the
public heating on not whether to shut it down on a plan that is imminent so the Trustees can collect
unspecified information to arrive at a change. Please keep it open and please think carefully about
what I am saying because I really think that the sequence of this and the way this appears to be written
won't even accomplish whatever it is you are trying to accomplish and instead will just alienate a
whole lot of people for really no overriding benefit. Thank-you.
SUPERVISOR HORTON: Thank-you, Mr. Anderson. Would anyone else care to address the Town
Board on this public heating?
JOHN COSTELLO: My name is John Costello. The first question that I have is a simple one. Is this
a legally advertised meeting? I didn't see the whole law in the paper, I don't know who here has a
copy of the law? Does anybody here have a copy? Was it offered to anybody?. I had trouble getting
this.
SUPERVISOR HORTON: Mr. Costello, if you would address the Town Board.
JOHN COSTELLO: Is it a legal meeting? That is all I am asking.
SUPERVISOR HORTON: Yes, it is.
JOHN COSTELLO: Okay. I had some difficulties getting a copy of this, I went to the Trustees office
in order to get a copy. It wasn't available. Thank god I had a friend that I knew personally, who
printed it out for me. Unless I could have read it on the board. Why isn't this going through SEQRA?
It is having a major affect on a lot of people in the Town, ask yourself, who is it affecting? It is
affecting the waterfront property owners themselves. You are rezoning temporarily, the word
temporarily is in here, temporarily rezoning their property and taking it off the use. Only for a year.
Let me tell you, the studies that you are asking to be done in this report are probably more than 10
years worth of studies, they are never going to be completed in the time. They are still working on
them in the DEC, since '77. It is not going to be completed in a year. Anticipate lengthening it out, if
it does get approved. Who is affected? The property owner is the biggest. Real estate agents in
Southold Town and their sales agents who will not be selling the most valuable properties. They will
be off the tax rolls, temporarily, many of them. Carpenters, as a carpenter, an attorney for closings, it
is going to affect a lot of people in this Town. Get on with the SEQRA and find out how many people
it is going to affect. Plumbers, their helpers, electricians, their helpers, even marine contracto?s,
possibly. The Trustees do have the ability, so does the Army Corp, so does the Department of State
and so does the DEC, so does the Fish and Wildlife. Put restrictions on their permits. The Trustees
have a lot of work and they do a good job at it. They have too much work, they have a lot of work and
it has been expanded by this Town Board, giving them the power through zoning to administer the
Bays, the creeks, wetlands and wetlands. I heard the word wetlands, they are a very valuable asset to
the Town and everybody in the Town. Let the Trustees get out of the Bay, where there are five or six
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Trustees Moratorium
13
other agencies are handling it already, they do have the scientific background-more so than the
Trustees to analyze the effects. The effects have to be analyzed. The way this is written, the potential
moratorium, it excludes fanning and fishing, t met with the Nature Conservancy the other day, the
Trustees have been meeting with them several times, in all the jurisdictions out east in closed door
meetings; according to the paper. I tried to get invited but was unable to. The Nature Conservancy
said they could have those meetings without participation. I wanted to find out what the extent of
those meetings were. Trying to get a common goal between all the regulatory branches of the
government on the East end. That is good. That is very good. Because there are many contradictions
for different agencies. And hopefully, the intention-and let me tell you, there is no one more
concerned about the environment than I, I have lived here my entire life and for two or three
generations my family before, have lived here. My grandchildren live here, they are going to be here,
we want to preserve Southold Town. Preserve. the creeks and the wetlands that were designated to the
Trustees by the patents. The exclusion of farming and fishing, we all know, everything-people have an
effect on the environment. One more person, a few more cars, an enlarged road, road run-off,
drainage. It is going to canse-a little more effect. Fanning and fishing, the Nature Conservancy told
me, everyth'mg runs down hill. The pesticides put on farms, they run down hill. Oils on the roads,
heavy metals, down hill. They are all going. Ihrough education we have got to. try stop most of those
effects. Fishing, the funniest thiag I saw was the opening of scallop season. The eelgrass beds laid
along the shoreline, all along East Marion, Orient, Southold, Greenport, eve~g that would float
was out there; for the whole week. We know that there is less scallops, we know that there is less fish,
we know that we are over fishing. There is an effect. There is going to be a moratorium. Please don't
let it occur and don't let the lawyers write it. Let scientific studies take place, that comes to a scientific
conclusion by the peers that have the environmental background to come to the proper conclusion of
saving the environment for all of us. Thank-you.
SUPERVISOR HORTON: Thank-you, Mr. Costello. Would anyone else care to address the Town
Board on this public hearing?
RICHARD MORABITO: Richard Morabito, Orient Point. Like I said. I am a newcomer but one thing
is obvious. Waterfront is precious, people love it, it is going fast. Now I could be totally wrong but I
have the feeling that a lot of people want to try to get in under the wire with this moratorium for their
own personal projects. Which is, there is nothing wrong with it. People buy property and they want to
do things with it. But since it is so fragile, and we don't know what the effects are going to be; why
not wait-what is the rush?
SUPERVISOR HORTON: Thank-you, sir. Would anyone else care to address the Town Board on
this public heating?
LESLIE WEISEMAN: Hi, my name is Leslie Weiseman. I am a resident of Southold, I live on
Soundview Avenue. I am a professor of Architecture and Planning and I don't have anything prepared
but I have been listening carefully to a variety of opinions this evening and I have attended many
Trustees meetings in the last year, I have seen no less in the past year eight sub-prime lots under
review by the Trustees, in my neighborhood, being clear-cut; despite every effort the Trustees have
made-with integrity, with a sense of moral purpose and good stewardship, to prevent these kinds of
abuses and to have people who are bnilding on sub-prime property actually build in ways that are
responsible. Non-disturbance buffer zones have been clear-cut, wetland ponds that are seasonal have
Public Hearing
Trustees Moratorium
14
been filled in. It is a matter of a part of doing business, without effective resources to enforce code and
without code that have teeth, them is simply plarm'mg that isn't taking place. To evaluate things on a
site by site basis is at best myopic and at worse, almost unethical. From a planning perspective,
indefensible because you can't plan on a daily basis without examining the future consequences. No
one in this room would assume any of us would be able to recreate the past, all of us in this room
understand that the quality of our lives depend almost entirely on the land and the water and the
relationships between the two. We are beginning to see a degradation here under enormous economic
pressure, both by individual owners and also by builders and all of the related trades and all of the
economies that are invested. We know that Long Island is prospering as a consequence of the building
boom and we are feeling it here at home. The problem however, is that we are not able to examine
how wetlands conservation works with responsible economic development. And until we are able to
see them as not enmnies, not as ways of preventing people from exercising their private property rights
but for the greater moral good, the good of Southold Town, the future preservation of generations to
come, I really think that these ideas of examining things in a case by case basis are simply going to be
fragmented, they will not in the long mn provide a comprehensive plan that: will allow us to operate
within a framework that makes sense~ The Trustees have tried again and aga'm to exercise good
judgment and don't have the resources to enforce decisions that they have been able to make. ~And I
think that issues perhaps of docks are very different than issues with bUildings on properties inland.
Never the less, they are tied together and I really feel that there wilI always be people who will always
say that we haven't heard enough, it is going to take too long, you have got to wait a while, listen some
more. I have heard that again and again with case after case with various...you have all heard it, again,
constantly. There is a time and place at which those that have been empowered by us, as citizens-you,
the Town Board; must act with courage, with your best reason-on behalf of us as citizens and the
quality of life that we all share and want to maintain. There are decisions, there are going to be people
that wilI hate what you are going to do, there are people who are going to love what you are going to
do and there will be people that will be totally confused. The fact is, because it is complicated, and I
don't agree-you know, there was plenty of legal notice about this meeting, there were plenty of ways to
gather any information that you wanted. This Town Board has been more open, than any Town Board
I can remember in terms of communicating with its constituency. I believe that it is time for you to act
on our behalf, on not only a regulatory basis but on a civic and ethical basis as well. I implore you to
act now and not to be deterred by individuals who wish, for their own gain, to put this aside with a
smokescreen of one form or another. So please act on our behalf now. Thank-you.
SUPERVISOR HORTON: Thank-you. Would anyone else care to address the Town Board on this
public hearing?
ALBERT KRUPSKI, PRESIDENT, BOARD OF TOWN TRUSTEES: I am Albert Krupski, Jr.
President of the Board of Trustees. I speak on behalf of the Board of Trustees who are here except for
one member, who is out of town at the moment. I would like to read something that is directly out of
the code first. Chapter 97, wetlands. And also, I guess partially answer what a previous speaker had
asked about the function of the Board of Trustees. Chapter 97 is only one of our duties as elected
officials on a separate and sovereign Board. Separate from the Town Board. We own by virtue of the
Andros patent, about 2,000 acres of underwater land and that dates back to 1676 and since then the
Town has seen, as another speaker said, to give the Trustees more and more responsibility. It sort of
evolved over the hundreds of years into what it is today. That is kind of an important point. But
something directly out of the code, Chapter 97-11 declaration of policy. A. The Town Board of the
Public Hearing 15
Trustees Moratorium
Town of Southold finds that rapid growth, the spread of development and increasing demands on
natural resources are encroaching upon or elim'mating many of its wetlands, which it preserved and
maintained in undisturbed and natural condition, constitute important physical, social, aesthetic,
recreational and economic assets to the existing and future residents of the Town of Southold.' Now, it
says here that this code was adopted in 1971, so we are dealing with a 30 year old wetland code. One
of the major functions is not so much the moratorium but it is the ability to have the time to update and
modernize the code. It is like taking time fi:om your work to sharpen a tool. It pays to do it properly.
Because you can be that much more effective. Another point that hasn't been really addressed tonight
is that a lot of what we are dealing with in the code, something that Mr. Costello mentioned it, is part
of the public lands, a lot of what we are dealing in the code is based on public lands. The Town was
fotmded in 1640, the Trustees weren't really a public and political' entity until 1676, now but even as
far back as the 1660's the towns people realized the value of common lands and the value of public
lands to everyone who lives in the Town. And it has continued up until now that people realize that
the public lands are held for the public and can't be and shouldn't be monopolized by a few people.
That is one of our big concerns that these public lands be held not today, not 2002 or 2003 but these
public lands be kept for the public for the next 100 years and for the next 350 years. I would like to
thank everyone tonight, both present and not present, for their support. Not only the support of the
Trustees but really everyone who came here tonight and spoke, came to support the future of the public
resources of Southold Town.
SUPERVISOR HORTON: Thank-you, Al. Would anyone else care to address the Town Board on
this public hearing? Would members of the Town Board comment on the public hearing? (No
response) We will close the public hearing.
Southold Town Clerk