HomeMy WebLinkAboutResolution 2025-745 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938
Southold, NY www.southoldtownny.gov
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Denis Noncarrow, Town Clerk
Members of the Town Board
CC' Paul DeChance, Town Attorney
From: James H. Rich 111, Chairman
Members of the Planning Board
Date: October 27, 2025
Re: Planning Board Comments
Local Law in relation to an Amendment to Chapter 275, Wetlands and Shoreline
The Planning Board has reviewed the amendments proposed for Chapter 275 for consistency
with the Southold Town Comprehensive Plan.
The proposed amendments clarify and add definitions and new requirements that will assist
regulating agencies like the Southold Board of Trustees to better protect the ecological values of
the wetlands and water quality. These include the following.-
0 Definition of the latest technology in septic systems (Innovative/Alternative On-site
Wastewater Treatment System or I/AOWTS).
0 Open-grate decking definition.
0 Vegetated non-turf buffer definition.
0 The setback for pools from wetlands is proposed to increase from 50 feet to 60 feet for
standard in-ground pools and 100 feet for pools requiring retaining walls greater than 2
feet above grade.
0 Proposed regulations to prevent additional dock structures in the Town's freshwater lakes
and ponds.
These changes are consistent with Goals 2, 3, 4 and 5 of the Water Resources section of Chapter
6,Natural Resources, of the Comprehensive Plan, which call for protecting groundwater and
surface water quality, improving watershed management, and protecting freshwater and marine
habitats.
Please contact the Planning Department with any questions.
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DE I ►NON A OW � Town Tull,53095 Main Road
TOWN CLERK PO.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-+614
MARRIAGE OFFICER Telephone(631)7+65-1800
RECORDS MANAGEMENT OFFICER �
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FREEDOM OF INFORMATION OFFICE �
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OFFICES OF THE TOWN CARK
TOWN OF SOUTHOLD OC�IIIIIIIIIIY � 1025
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October 7,2025 PLANNING SOrARD
.e: Resolution 2025-74 — "A. Local Law i
.
on to, an Aineu,dnient to,C�haptcr 27,52
Wetlands and Shorefinle
Mr.James Rich, III, Chairmanouthold Town Planning Department
54375 State Route 25
Post Office Box 1179
outhold, New York 11971
Lear Mr. Richl III,
The Southold Town Board at their regular meeting held on September 25th, 2025 adopted the
resolution referenced above. A. Certified copy is enclosed.
Please prepare an official report defining the PlanningDepartment's recommendations ►ith.
regard to this proposed Local Lave and forward it to me at a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing. The date and time for
the public hearing is 4:30 '.M., Tuesday, October 7th,2025, however,the public hearing will
be left Open.until Wednesday,November 5th, 2025. Please do not hesitate to contact me, if you
have any questions. Thank you..
Very truly yours,
At AU uoe
Jciitider M. Mudd
Deputy Town Clerk.
Enclosures
DENIS NONCARROW �. Town Ball,53095 Main Road P.O.
TOWN CLERK Box 1179
1 Southold,New York 11971 Fax
631 765-614S Telephone 63 1)
REGISTRAR OF VITAL � � p� �
STATISTICS MARRIAGE OFFICER 7£5-1800
RECORDS MANAGEMENT vr��nr�v.s oath o l dto wi�.oy.,�+w
OFFICER FREEDOM OF
INFORMATION OFFICER � �0 �
OFFICE OF TOW-N CLE
Ax
TOWN OF SOUTH:OLD
THIS IS TO CE T Tom "x FOLLOWING RESOL NO,2025-745 WAS
ADOPTED AT REGULAR MIME T'ING OF T SOU TOWN BOARD O
SLEPT EMERER 25,202 :
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 25th day of September,2025, a Local Law entitled�� Local haw
relation to an Aj.n,endm ent to Chapter 27 Wet ands and, and now therefor be it,
RESOLVED that the Town Board of the Town.of Southold will hold a public hearing on the
aforesaid Local Later at Southold Town Hall, 53095 Main load, Southold,New York, on the 7th
day of October,2025 at 4. 0 p.m. at which time all interested persons will be given are
opportunity to be heard.
The proposed Local Lair entitled,"A Local Law i� relation to an Amendment to Chapter 2,5
Wetlands and ShoreHn,ej,which reads as follows.-
LOC LEA •■ NO, 202
A.:Local Law entitled, ""A�LocalLaw ln,r,e�`atlon to an Amendment to Chapter 275 Nl e l—ands
andShoreline"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. PURPOSE -The Purpose of the amendment is to amend Chapter 275 Wetlands and
Shoreline.
H. A: '[END IE T-The Southold Town.Cade is hereby amended by removing the struck
through words and adding the underlined words as follows.-,
27 -2. Definitions; word. usage.
B. AS-BUILT PLANS Flans prepared to scale by a licensed surveyor certified to the
i t detailing a - . current
conditions on t ro e4 t� loll htln a� 1 ll i,ffere .c ",,-om a valld er t.
IMPERVIOUS ACE. Any hard-surfaced, man-made area that does not retain or absorb
water, including but not limited to building roofs% mortared, f)3t10,$,paved parking lots and
driveways, sidewalks and other paved areas i cl `i 'c Wacte surfaces such as those ose made,
with ec c.e lConcrete e ate � that ,ile of ��a .it°l
. av�e �, onall
s' i11cantl limit,infiltrationand f cti as is ,: a ous fo,,.. st water �u r poses
L N0VATrVEIALTERNA" 1 ("" SST o s,ite wastewater t ea ent; A �
1 §,-1em that utilizes advanced t eat: Y esses such as atration,filtra,tio.n.or enhanced
biolo cal activiy,to reduce nitro en and other D011atants beyond the levels achieved b
co ventlona:l septic sXsten ss
J.'
OPEN-GRATE I C t _.� ec ate lal Ie�i �ne , to all�o ).i �ht to �,ass t' ��'Q''�h.the
area below t i.ca11v throughspaced slats or perforations allowing at least 0% of light to
ritters!hx"augh. Often red for docks and aIk� a�� s to p ���e�sere a �oat�lceget�at�lo and,
rotect the u ale,,t"w�,ater vlr nment.
ORDINARY AND USUAL MAINTENANCE CE Actions on a wetlands-permitted, functional
structure which.do.not involve more than ,2 % of`the entire structure per,c len d a yea
and which are required to preserve such structure in a condition or state of equivalent quality to
that which was approved or required by per it.
VEGETATED NON-TURF BUF4 FER*. A des-loniated area maintained to be at least 50%
covered with noninvasive na�tly vet etation olbeir#than tor � �ras��s.,��r��his boffO*serves to
trolect ao ai aye t. atralfare 1� lae� r�oor �tahl��l` l�n soli..an� l �r�oldln
habitat.The area is lnnted or aturall colonized with a wft of native tre es shrubs,
a� t. ounl,cowe� �s chose °the�� � iee 1 oot ��t�e�s toy en�b ance soli stabi.li t
a n("I''water ate infiltration,'., Turf evies,i,,
gr ss irw c�lu d��i Lnug,..spestici
not permlffetlwithtn, the buffer,�one�� ��� �eta�ted no�n�t�nr� bolffers are,subject to a planting
la i, appivved by the oa ,"I bas,ed,a situ ecl c needs.
275-3. Findings's purpose;jurisdiction; setbacks.
D. Setbacks.
(1) The following nzinirritmi setbacks apply to any and all operations proposed on
residential property within the jurisdiction.of the Board of Trustees:
(a) Wetland boundary or bank.
[5] Swimming pool and related structures: -- a et. o o s
re ui �r� .r train,i walls i•ea ter than. 2' above � -- 00 feet.
275-8. Processing of application.
B. Investigation and coordination. Upon receipt of the application., the office of the Trustees
shall maintain the original 'in the file and forward one copy thereof to each of the following as
necessary: the Conservation Advisory Council,the LWRP Coordinator, the Stortnwater
Management Officer, the Planning Department, and the Zoning Board. T l
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27 -11 Construction and operation. standards.
A. General. The following standards are required for all operations within the jurisdiction of
the Trustees:
(4) Fences.
(d) Only one posted sign per 100 Iin ear feet of fence is allowed on a split-rail fence.
Posted signs shall be no larger than 12 inches by 12 inches square.Any fence,barricade or
impediment to pedestrian traffic on the beach or wetland area in violation of the pro-visions
of this chapter shall be removed upon written notice to the owner of the premises upon
which such fence,barricade or impediment is located, sent by certified or registered mail.
Such fence, barricade or impediment shall be removed by the owner within.30 days of the
date of the notice. Upon failure to comply with such notice,the Building Inspector, the
Office of Mode Enforcement, or a _.w . t b k Harbormastel may remove or cause the
removal of the illegal.structure.
(e) If any fence,barricade or imp a dim.en.t is determined by the Building Inspector, the
Office of Code Enforcement, or a Har +orinaster to create a hazard to the
health, safety or welfare of the public, such structure may be removed and disposed of by
the Town without prior notice to the owner. Upon removal by the Torn, all casts and
expenses incurred by the Town for the removal of such fence,barricade or impediment
shall be the responsibility of the owner. The Town may pursue any and all remedies
available at lave to recover any unpaid costs associated with removal, including filing a
statement with the Town Assessors, identifying the property in connection with which
such expenses were incurred and the owner thereof as shown on the latest assessment roll
of the Torn. The.Assessors, in preparation of the next assessment roll, shall assess such
amount upon such property, Such amount shall be included in the levy against such
property, shall constitute a lien and shall be collected and enforced in the same manner,by
the same proceedings, at the same time and under the same penalty as is provided by law
for the collection and enforcement of real property taxes in the Town of Southold.
C. In.water. The following standards are required for all in.-water operation.s adjacent to
residential properties. Operations conducted on properties zoned M I or M2 may be ,given greater
flexibility in.these requirements given the water-dependent.nature of their use.
(2) Locks
(b)Dock locations and lengths.
[3] Prohibited locations and activities.
[a] No new docks utilized for residential purposes shall be permitted on the
Great/Little Peconic Bay, Pipes Move, Southold:day, Oardi.ners Bay, Shelter Island
Sound, Flog Neck Bay, Orient Harbor,Halloeks Bay or Long Beach Bay with the
exception of Fisher's Island and obin's Island. No new docks will be permitted on
the Long Island Sound or 44*4-e�Risos
nn-ef-vegew-wnd--wet4w,i4s,in the following areas: Downs Creek,
Hallocks Bay, Hashamomuck Creek and Pond,Long Creek(branch of Mattituck
Creek,East of Grand Avenue bridge),Pipe's Cove Creek, West Creek, Laurel
I, onqILIlLv PondlGre Pond,
La ,Mar ke lon Lake, to oka Pond,.1111110,us n t
111111111.
Inlet Pond, o m- ack Po a,nd Dam Pond.
M. SLR RAIBILITY
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 affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
]IV. EFFECTWE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
rN
Denis Noncarrow
Southold Town Clerk
RESULT: Adopted
MOVIER: Councilman Mealy
SECONDER: Councilwoman Smith
AYES: Councilman Mealy, Councilwoman Smith,Justice Evans, Councilman
Doroski, Super-visor Krupski, Jr.
NAYIES: or