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HomeMy WebLinkAboutStandard Yield Requirement 1993 Local Law No. , 1993 A Local Law in Relation to Standard Yield Requirements BE IT ENACTED, by the Town Board of the Town of Southold as follows: I.' Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: Article XXIII (Supplementary Regulations) is hereby amended by adding a new section 239.3 as follows: Section 100-239.3 (Standard yield requirements-) The s{andard yield plan shall exclude the following features from consideration as areas contributing to total lot yield: (1) Water surfaces. (2) Tidal wetlands and freshwater wetlands as defined by § 97-13 A. (1) and (2) and B. (1) of the Southold Town Code. ' (3) Horizontal area of escarpments, bluffs or the seaward faces of primary dunes. Beaches below mean high water as defined by the United States Coast and Geodetic Survey Quadrangle Benchmark Elevations and tidal values for the respective area and any beach lying between the aforementioned mean high-water line and the area referenced in Subsection (3) of. this section. (5) Areas required for park dedication pursuant to the Subdivision Regulations set forth in Chapter A106 of the Southold Town Code. (6) Areas required for recharge of storm water pursuant to the Subdivision Regulations set forth in Chapter A106 of the Southold Town Code. II. (7) Areas required for the provision of public highways pursuant to the Subdivision Regulations set forth in Chapter A106 of the Southold Town Code. (s) Areas required for proposed utilities for public facilities, except minor utility easements of direct service to the subdivision. This Local Law shall take effect upon its filing with the Secretary of State. Underscore represents addition(s) PUBLIC HEARING SOUTHOLD TOWN BOARO JULY 27, 1993 8:00 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO STANDARD YIELD REQUIREMENTS". Present: Absent: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilwomen Alice J. Hussie Town Clerk Judith T. Terry Assistant Town Attorney Matthew G. Kiernan Councilman Joseph J. Lizewski SUPERVISOR HARRIS: We have a public hearing in which we hope that everyone has an opportunity to speak. This public hearing is a "Local Law in Relation to Standard Yield Requirements". It's now 8:00 o'clock, and the proof of publication, and verification on bulletin boards, and such, will be read by Councilman Wickham. COUNCILMAN WICKHAM: "Public Notice is hereby given that tllere has been pre- sented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of June, 1993, a Local Law entitled, "A Local Law in. Relation to Standard Yield Requirements". Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, $outhold, New York, on the 27th day of July, 1993, at 8:00 P.M., at which time all interested persons will be heard. This pro- posed "Local Law in Relation to Standard Yield Requirements" reads as follows: BE IT ENACTED by the Town Board of the .Town of Southold as follows: (Zoning) of the Code of the Town of So~thold is hereby amended I. Chapter 100 as follows: 1. Article adding A. XXI!I (Supplementary Regulations) is hereby amended by a new Section 239.3 as follows: Section 100-239.3 (Standard yield requirements.) The standard yield plan shall exclude the following features from consideration as areas contributing to total lot yield: (1) Water surfaces. (2) Tidal wetlands and freshwater wetlands as defined by § 97-13 A. (1) and (2) and B. (1) of the $outhold Town Code. (3) Horizontal area of escarpments, bluffs or the s~award faces of primary dunes. (4] Beaches below mean high water as defined by the United State Coast and Geodetic Survey Quadrangle Benchmark Elevations and tidal values for the respective area and any beach lying between the '-.pg-2. - PH LL Stand. Yi~)~Requirem. aforementioned mean high-water line and the area referenced in Subsection (3) of this section. (5) Areas required for park dedication pursuant to the Subdivision Regulations set forth in Chapter A106 of the $outhold Town Code. (6) Areas required for recharge of storm water pursuant to the Subdivision Regulations set forth in Chapter A106 of the Southold Town Code. (7) Areas required for the provision of public highways pursuant to the Subdivision Regulations set forth in Chapter A106 of the Southold Town Code. (8) Areas required for proposed utilities for public facilities, except minor utility easements of direct service to the subdivision. II. This Local Law shah take effect upon its filing with the Secretary of State. * Underscore represents addition(s) Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: July 13, 1993. Judith T. Terry, SouthoJd Town Clerk." I'd like to just comment that these are regulations that the Planning Board already uses, as part of their subdivision ~egulations, and we are basically incorporating them as par.t of the Town Code. I have before me an affidavit from Judith Terry, Town Clerk, that this notice has appeared on the Town Clerk's Bulletin Board outside the door, and also, an affidavit from Patricia Wood for the Long Island Traveler-Watchman, that it appeared in their addition on the 22nd of July, 1993. From the County of ~uffolk, we have regarding the proposed Local Law in Relation to Standard Yield Requirements, from the Planning Board, excuse me, our Planning Board here. The Planning B~ard adopted the following report at it's public meeting. Be it resolved that the Planning Board has reviewed this proposed Local Law, which I'ists the features to be excluded from consideration, as areas contributing to total lot yield and is in favor of the proposed addition. I have, also, a letter from the County of Suffolk. Dear Mrs. Terry, 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, A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Arthur Kurtz, Director of Planning, and that's all that we have on it. SUPERVISOR HARRIS: A't this time, are there any members of the audience, that would like to speak in reference to this Local Law? State your name for the record, please. CHARLES CUDDY: My name is Charles Cuddy. I'm a resident of Mattituck. I appear here in opposition to this Local Law.' Councilman Wickham has indicated that this appears in some form in the Subdivision regulations. I don't think it appears in this particular form. I'd like to go through some of the problems I have. First of all, the general scheme of things if you are going to have sub- division regulations it makes it very difficult for the subdivider, and anybody that's coming in, whether they're novices, or amateurs, or professionals, to understand that in one section, Cluster 100-180 would effect subdivision. Secondly, we are putting this in 100-239, which is supplementary. Then, thirdly, you have subdivision regulations themselves independent. I would suggest as a scheme - ~ ~'~-Pg'.3 - PH LL Stand. Yi~~'~ Requirements. that they all could be together, at least that's I think fair with subdividing. In particular the problem I have with this is really the first four as opposed to the last four. The last have been things that have been excluded by surveyors, and land planners, whether they are in Codes, or not in Codes. The first four have always been. Number one says, water surfaces, but there's no definition, and I really don't know what you mean by water surfaces, and ask the Board to reconsider passing anything like this without defining what water surfaces mean. Number two talks about tidal wetlands and freshwater wetlands. That's a signifi- cant definitional area, that exists in the Town Code in references here, and in 97-13A. I think that's a lot of land, and I would like to ask whoever did the SEQRA statement pe~lmaps could let us know, as being public, as to the amount of land that's affected by this, and also by three .and fQur, because you're talking about si§nificant areas. You're talking about beaches. You're talking about tidal wetlands. You're talking about large subdivisions, or small subdivisions,'~hat=.,' can have a number of lots excluded, and I want to point out something, that I think pertains to this. This particular local law is not something that just Came from Southold. This Local Law is similar to something that's been adopted in 5outhampton, and also in Riverhead. The difference is some of the clef nit OhS, which I'm going to try' to point out right now. But, in Riverhead, and also, in 5outhampton, !they did one thing. They didn't just take, they also forgave, so at the end of Itheir section of this particular law, what they did was said the lot yield and lot area were not the same. That makes a big difference. You can exclude lot yiAId, but ~.ot lot area, so that the lot area of freshwater ~etlands, where you have beach area, you can sti.H encompass that area in the Ic~t. I'll point out,to you, al~o, in the other town's Zoning, this town already has to enforce it. In. Riverhead they have mostly one acre zoning, and sc~,e half zo,ning . You've already done essentially exclusion. I believe that what you!ye really done is,you've picking type ordinance, and I think also'what you're really saying to people is, we're going to reduce the lot yield, that you get,. and so tJ~e message of zoning is don't keep your land pristine, but always look to use you. r land, and so it's either use it, or lose Jr, and I don't think this i5 something that we should really pass in this town unless we really redefine it, and I ask yeu to look at' it, reflect on, and do not pass it at this time. Thank you. SUPERVISOR HARRIS: Thank you. Is there anybody else in the audience, that would like to speak in reference to this Local Law? (No response.) If not, we'll close this public hearing. Judith T. Terry /~' Southold Town Clerk