HomeMy WebLinkAboutLL 2008 #15DAVID A. PATERSON
GOVERNOR
STATE OF NEW YORK
DEPARTMENT OF ,~TATE
ONE COMMERCE PLAZA
99 WASHINGTON AVENUE
ALBANY, NY 12231-0001
LORRAINE A. CORTI~S-VAZQUEZ
SEC.ET^.Y O. ST^~E
Lynda M Rudder
Deputy Town clerk
Town Hall, 53095 Main Road
PO Box 1179
Southold NY 11971
December 1,6, 2008
RE: Town of Southold, Local Law No. 15, 2008, filed on December 8, 2008
Dear Sir/Madam:
Th~ above referenced material was received and filed by this office as indicated.
Additional local law filing forms can be obtained from our website,
www.dos.statelny.us/corp/misc.html.
Sincerely,
Linda Lasch
Principal Clerk
State Records and Law Bureau
(518) 474-2755
WWW.DOS.STATE.NY.US . E-MAIL:INFOODOS.ST.ATE.NY.US
PLANNING BOARD MEMBERS
JERILYN ti. WOOl}HOUSE
KENNETH L. EDWARDS
MARTIN H. SID()R
GEORGE I). SO1,OMON
JOSEPH L. TOWNSEND
MAILING AD DR E~kq:
P.O. Box 1~.79
Southold, NY 11971
OFFICE IX)CATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
To:
Scott Russell, Supervisor
Members of the Town Board
FEI? ]9 2009
From:
Mark Terry
Principal Planner
LWRP Coordinator
$o;~lhold 10wa Clef}
Date:~ February 13, 2009
Re:
Moratorium on the permitting of docks in Peconic Bay, Long Island Sound, Block
Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor,
.West Harbor, Chocomount Cove and East Harbor).
The moratorium on the permitting of docks in Peconic Bay, Long Island Sound, Block
Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor, West
Harbor, Chocomount Cove and East Harbor) is due to expire on February 19, 2009.
Over the last six months the Town Board has been presented with the potential impacts
to the public and environmental resource values that could result from the incremental
increase of dock structures in the above referenced water bodies. Recommended
standards on dock siting and construction design were also proposed to mitigate
identified potential impacts. The standards were developed by a team of professional
staff using the latest science, management policy, best available information and field
work. As discussed proposed standards for Long Island Sound, Fishers Island Sound
and Block Island Sound will be forthcoming.
It is important to note that the standards apply only to, private, residential docks and as
proposed, prohibit the construction of such docks in Peconic Bay and Gardiner Bay
except for areas located within the Marine I and Marine II zoning districts and Orient
Harbor. The prohibition is attributed to the standard that recognizes and prevents the
impairment and/or phsyical loss of the significant ecological qualities of the water bodies.
These qualities are emphasized by a series of designations applied by numerous
agencies to the respective areas.
In areas where private, residential docks are permitted (MI and Mil zoned properties
and Orient Harbor) the siting and construction standards apply.
At this time, it is recommended that the Town Board consider the following three
options:
1. Reserve a decision to act on the proposed dock standards and request that the
team present additional information.
2. Adopt the proposed dock standards (in full or in part) as Town Board policy; or
3. Codify the proposed dock standards (in full or in part) in Chapter 275 Wetlands
and Shorelines of the Southold Town Code.
The dock standards are attached for your perusal.
RECOMMENDED DOCK STANDARDS FOR THE CONSTRUCTION OF
PRIVATE, RESIDENTIAL DOCK STRUCTURES
IN PECONIC BAY AND GARDINERS BAY
Water Bodies:
Peconic Bay
Gardiners Bay
Ownership:
State of New York, Suffolk County, and individuals who have received riparian
conveyances from the State.
Year Designated a National Estuary
1992
Primary Use of Dock Structures:
Private, Recreational
Total number of Existing Dock Structures:
Forty-one (41)
Total number of Potential Dock Structures:
Six-hundred fifty-four (654)
Total Number of Public Access Points by LWRP Reach
PUBLIC ACCESS
LWRP REACH
Recommend Standards:
To support Town goals and policy and protect public and environmental values such as;
public access and use, navigation, aesthetics and ecological value of Peconic Bay and
Gardiners Bay, the following standards for private, residential docks are proposed.
Note: that these standards do not apply to Marine I or Marine II zoned properties and
Orient Harbor.
Prohibit dock structures that could result in impairment and/or phsyical loss of
ecological quality in areas located within or over a NECAS-USFWS Northeast Coastal
Areas Study Significant Coastal Habitat and a NYSDOS Significant Coastal Fish and
Wildlife Habitat Area where:
a. Two or more of the following designations occur:
i. NYSDEC Critical EnvironmentalArea.
ii. NYSDEC Water Quality Designation - SA Areas.
iii. Peconic Estuary Program Critical Natural Resource Areas.
iv. Fairly Productive and Most Productive Shellfishing Seeding and
Harvest Areas.
2. Where docks are permitted, dock structures shall:
a. Align perpendicular tO the shoreline.
b. Not exceed a length of eighty (80) feet (including dolphins and pilings); or
achieve a minimum water depth of four (4) feet MLW at the dock terminus
(float) whichever is lesser;
i. Water depth shall be measured pursuant to the following (See
attached Figure1 )
1. Establish the center point of the proposed dock.
2. Establish a fifteen (15) foot radius circle from the center
point of the proposed dock.
3. Measure the water depth at the following five (5) locations:
a. Center point of dock.
b. Four additional points on the fifteen(15) foot radius
circle spaced at ninety (90) degree intervals with
first point on fifteen (15) foot radius seaward from
the center point in the direction of the proposed
dock.
4. Any locations that have been dredged or otherwise
disturbed through human activity prior to obtaining the
required measurements, shall be rejected.
Achieve a minimum catwalk height of five (5) feet over the MHW line or be
constructed seaward of the MHW line; and
a. be constructed with open-grid decking to achieve a minimum of fifty
percent (50%) irradiance to the substrate; and
b. be oriented north/south to the greatest extent practicable; and
c. not be constructed of chromated copper arsenate (CCA) treated lumber.
4. Avoid the construction of docks in FEMA Coastal High Hazard Areas (V-Zones).
Pt 5
15 Foot Radius Circle
Dock Catwalk or Float
Dock Center Point Pti
ark with pole.
3 ~ 90 Degrees from Pt 2
Pt 2
Figure 1. Water Depth Measurement Method
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork, net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 5, 2008
Federal Express
Linda Lasch
New York State Department of State
State Records and Law Bureau
41 State Street
Albany, NY 12231
RE: Local Law Number 15 of 2008
Town of Southold, Suffolk County
Dear Ms. Lasch:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am
enclosing herewith certified copies of Local Law Number 15 of 2008 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.
Enclosures
Very truly yours,
Lynda M Rudder
Southold Deputy Town Clerk
cc: Town Attorney
Local Law Filing
NEW YORK S'l A I E DEPAaTMENT OF STA'I E
41 S1 A'YE S fREE'[
ALBANY, Nh 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
71 County
[q City
[] ]'own of
[] Village
SOUTHOLD
l,ocal Law No. 15
of the year 2008.
A Local Law entitled, "A Local Law in Relation to a Ninety day extension of the Moratorium on thc
Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of
Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold."
Be it enacted the Town Board of the:
~ County
[] City
[] Town of
[] Village
SOUTHOLD
Section 1: Legislative Intent
The Town Board finds that the construction of docks in the Peconic Bay, Long Island Sound, Block Island
Sound and Fishers Island Sound impairs the Town's unique environment and ecology. The construction of
docks in these waters results in environmental and physical degradation including, but not limited to, impacts to
ovegetation, water quality, marine life and benthic communities. Docks have the effect of impeding the public
access and use of waters and shorelines, affecting navigation of vessels and creating negative aesthetic impacts.
On May 20, 2008, the Town Board enacted a one hundred and eighty (180) day moratorium on the approval
process for new docks in these waters, in order to comprehensively review the current code provisions and
recent scientific studies. A survey of all town waters, review of available scientific materials and evaluation ot'
the Town code has taken place. The Town staffassigned to this project has worked diligently and is prepared lo
review findings and recommendations with the Town Board. The Town Board is currently involved in delailed
budget review, and will turn full attention this matter after the state imposed deadline for budget adoption of
November 20, 2008. The Town Board expects to prepare legislation to address when, and under what
circumstances, docks may be permitted in the Peconic Bay, Long Island Sound, Block Island Sound and l:ishers
Island Sound. It is expected that this legislation will be prepared by the end of the year, and scheduled lbr public
hearing and eventual adoption.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev 05/05)
Section 2: Enactment of a Temporary Moratorium
Chapter 275
§275-17 Temporary Moratorium
A. For a period of ninety days following the expiration of the current moratorium (90 days from Novcmbcr
20, 2008), alter which date this Local I,aw shall lapse and be without further force and effect:
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) made pursuant to
Chapter 275 of the Town Code of the Town of Southold for any new dock (as defined in Chapter
275) proposed to be located in the Peconic Bay, Long Island Sound, Block Island Sound and
Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove
and East Harbor);
2)
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) made pursuant to
Chapter 275 of the Town Code of the Town of Southold for any extension or addition to any
existing dock (as defined in Chapter 275) located in the Peconic Bay, Long Island Sound, Block
Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor, West }larbor.
Chocomount Cove and East Harbor).
B. APPLICATION
1) This Local Law shall apply to ALL (new or pending) applications for a Chapter 275 permit I'rom
the Board of Trustees of the ]'own of Southold for any new or existing dock (as that term is
defined in Chapter 275).
C. EXCI,US1ONS
' This l,ocal Law shall not apply to:
l ) the ordinary and usual maintenance or repair, in-place, ora presently existing dock that has been
issued a permit by the Board of Trustees.
D. CONFi,ICT WITIt 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 thc
provisions of Chapter 275 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 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority. In
particular, this local law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7
through 11, to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and
make decisions concerning applications.
PPI:ALS PROCEDURE
The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in
2
its legislative discretion, upon its determination that such variance or waiver is required to alleviate an
extraordinary hardship. To grant such a request the applicant must file with the Town Board and the Board of
Trustees supporting documentation. 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 $50.00 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.
Final approval is reserved to the absolute legislative discretion of the Town Board.
Section 3: SEVERABII,1TY
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
thcreof other than the part so decided to be unconstitutional or invalid.
Section 4: EFFECTIVE DATE
This Local Law shall take effect on November 20, 2008, and remain in effect for 90 days.
3
(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 annexed hereto, designated as local law No. 15 of 20 08 . of thc
,- ..... ., ,,v.,., ~Town),....,~,v) of SOUTHOLD was duly passed by the
TOWN BOARD on November 18__, 20 08 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or re-passage 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)(re-passed after
disapproval) by the and was deemed duly adopted on 20__ .
in 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 b'~ il~
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 affirmative 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 final 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 ol' thc
(County)(City)(Town)(Village) of was duly passed by thc
on 20__ , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendmn and no valid petition requesting such referendum was filed as of 20 .... in
accordance v, ith the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer ora 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.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. o1'20
o1' thc Cit3, of having been submitted to referendum pursnant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified
electors ol'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 ol'the
Municipal ttome Rule Law, and having received the affirmative vote ora majority of the qualified electors of the cities
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voling at said
general election, became operative.
(If any other authorized lbrm 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 thc same is a
correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicalcd
in paragraph I , above.
(SeaD
Clerk oft,q~ County legislative b[dy. City. Town or
Village Clerk or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: December 1,2008
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney nr
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law a~l~ed hereto. ~-~,
K~an~ Esq.~ar[sistant Town Attorney
Title
Town of
Date:
SOUTItOLD
December I, 2008
5
APPARENT SOURCES OF DISCORD WITHIN THE CODE
Many of the goals of the Town Code - Chapter 275, as presently written, if applied correctly to wetlands
permit applications, should have a formal review and report by an expert (such as a registered engineer)
to be evaluated fully and correctly. (i.e.: Protection of public and private water supply, protection of 0round
water, flood control, erosion and sedimentation control, water pollution control, etc.)
o
e
Further, many of the goals are subjective (aesthetics, public access and recreation, protection of
habitats, etc.), placing the burden of determining the proper resolution on the Trustees without
adequate and publicly a~reed upon guidelines for the decisions.
While many guidelines are spec'al'lC and measurable (i.e. setbacks from bluffs and bulkheads,
maximum size of floats at the end of docks, the width of walk ways crossing over wetlands,
minimum non-turf buffers etc.) there is no published body of scientific information that supports
these dimensions as best practices.
Specific and measurable guidelines may be superseded (for each individual permit application) by
the Trustees without a formal report as to why deviations are necessary and that the deviations
still remain true to the Town resource area values~ PROTECT~ PRESERVE AND RESTORE.
When there is a deviation from formal dimensions, it sets precedent(s) and opens future 'denied
applications' to legal challenges, over loads the system, slows the permitting process and increases
the costs to both the applicapt and the Town.
Without providing scientiSt, ally supported absolutes (which the Town can accept or choose to
modify for permitting purposes) and publicly consensus for each guideline, the application of the
guidelines can be challenged legally. Further, for individual permit requests, the guidelines could
become subject to political pressures, bias, mischief, and unintended inequities.
There is no quick and formalized system in place to modify guidelines as new information
becomes available and better practices are established.
There is no formal list in place that delineates sensitive areas that should have no or clearly
def'med very limited development.
Southold Town Board - Letter Board Meeting of November 18, 2008
RESOLUTION 2008-1040
ADOPTED
ltem# 5.31
DOC ID: 4410
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-1040 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 18, 2008:
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed local
law entitled, "A Local Law in Relation to a Ninety day extension of the Moratorium on the
Processing~ Review of~ and Making Decisions on Dock Applications (new or pending) made
to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of
the Town of Southold' which reads as follows:
LOCAL LAW NO. 12 of 2008
"A Local Law in Relation to a Ninety day extension of the Moratorium on the
Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to
the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the
Town of Southold".
Be it enacted by the Town Board of the Town of Southold as follows:
Section 1: Legislative Intent
The Town Board finds that the construction of docks in the Peconic Bay, Long Island Sound,
Block Island Sound and Fishers Island Sound impairs the Town's unique environment and
ecology. The construction of docks in these waters results in environmental and physical
degradation including, but not limited to, impacts to vegetation, water quality, marine life and
benthic communities. Docks have the effect of impeding the public access and use of waters and
shorelines, affecting navigation of vessels and creating negative aesthetic impacts.
On May 20, 2008, the Town Board enacted a one hundred and eighty (180) day moratorium on
the approval process for new docks in these waters, in order to comprehensively review the
Generated November 24, 2008 Page 39
Southold Town Board - Letter Board Meeting of November 18, 2008
current code provisions and recent scientific studies. A survey of all town waters, review of
available scientific materials and evaluation of the Town code has taken place. The Town staff
assigned to this project has worked diligently and is prepared to review findings and
recommendations with the Town Board. The Town Board is currently involved in detailed
budget review, and will turn full attention this matter after the state imposed deadline for budget
adoption of November 20, 2008. The Town Board expects to prepare legislation to address
when, and under what circumstances, docks may be permitted in the Peconic Bay, Long Island
Sound, Block Island Sound and Fishers Island Sound. It is expected that this legislation will be
prepared by the end of the year, and scheduled for public hearing and eventual adoption.
Section 2: Enactment of a Temporary Moratorium
Chapter 275
§275-17 Temporary Moratorium
A. For a period of ninety days following the expiration of the current moratorium (90 days
from November 20, 2008), after which date this Local Law shall lapse and be without further
force and effect:
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) made pursuant to Chapter 275 of the Town
Code of the Town of Southold for any new dock (as defined in Chapter
275) proposed to be located in the Peconic Bay, Long Island Sound, Block
Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor,
West Harbor, Chocomount Cove and East Harbor);
2)
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) made pursuant to Chapter 275 of the Town
Code of the Town of Southold for any extension or addition to any
existing dock (as defined in Chapter 275) located in the Peconic Bay,
Long Island Sound, Block Island Sound and Fishers Island Sound (excluding
Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor).
B. APPLICATION
1)
This Local Law shall apply to ALL (new or pending) applications for a
Chapter 275 permit from the Board of Trustees of the Town of Southold
for any new or existing dock (as that term is defined in Chapter 275).
C. EXCLUSIONS
This Local Law shall not apply to:
Generated November 24, 2008 Page 40
Southold Town Board - Letter Board Meeting of November 18, 2008
1) the ordinary and usual maintenance or repair, in-place, of a presently
existing dock that has been issued a permit by the Board of Trustees.
D. 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 275 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
I0(l)(ii)(a)(14) and section 22 to supercede any inconsistent authority. In particular, this local
law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 1 I,
to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and
make decisions concerning applications.
E. 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 an extraordinary hardship. To grant such a request the applicant must file
with the Town Board and the Board of Trustees supporting documentation. 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 $50.00 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. Final approval is reserved to the absolute legislative discretion of the Town
Board.
Section 3: SEVERAB1LITY
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 4: EFFECTIVE DATE
This Local Law shall take effect on November 20, 2008, and remain in effect for 90 days.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [4 TO 2]
MOVER: William Ruland, Councilman
SECONDER: Louisa P. Evans, .lustice
AYES: Albert Krupski Jr., Thomas H. Wickham, Louisa P. Evans, Scott Russell
NAYS: William Ruiand, Vincent Orlando
Generated November 24, 2008 Page 41
Southold Town Board - Letter Board Meeting of November 18, 2008
Generated November 24, 2008 Page 42
Southold Town Board - Letter
Board Meeting of N0~emCer 18, 2008
RESOLUTION 2008-1039
ADOPTED
Item # 5.30
DOC ID: 4397
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-1039 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 18, 2008:
RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of
the local law entitled "A Local Law in Relation to a Nine .ty day extension of the
Moratorium on the Processing~ Review oft and Making Decisions on Dock Applications
(new or pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and
Shoreline' of the Code of the Town of Southold" is classified as a Type II Action pursuant
to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under
SEQRA.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated November 24, 2008 Page 38
APPARENT SOURCES OF DISCORD WIT}tIN T}lE CODE
Many of the goals of the Town Code - Chapter 275, as presently written, if applied correctly to wetlands
permit applications, should have a formal review and report by an expert (such as a registered engineer)
to be evaluated fully and correctly. (i.e.: Protection of public and private water auppl¥, protection of ground
water, flood control, erosion and sedimentation control, water pollution control, etc.)
Further, many of the goals are subjective (aesthetics, public access and recreation, protection of
habitats, etc.), placing the burden of determining the proper resolution on the Trustees without
adequate and publicly agreed upon ~uidelines for the decisions.
While many guidelines are specific and measurable (i.e. setbacks from bluffs and bulkheads,
maximum size of floats at the end of docks, the width of walk ways crossing over wetlands,
minimum non-turf buffers etc.) there is no published body of scientific information that supports
these dimensions as best practices.
Specific and measurable guidelines may be superseded (for each individual permit application) by
the Trustees without a formal report as to why deviations are necessary, and that the deviations
still remain true to the Town resource area values, PROTECT~ PRESERVE AND RESTORE
When there is a deviation from formal dimensions, it sets precedent(s) and opens future 'denied
applications' to legal challenges, over loads the system, slows the permitting process and increases
the costs to both the applicapt and the Town.
Without providing scienti§cally supported absolutes (which the Town can accept or choose to
modify for permitting purposes) and publicly consensus for each guideline, the application of the
guidelines can be challenged legally. Further, for individual permit requests, the guidelines could
become subject to political pressures, bias, mischief, and unintended inequities.
6. There is no quick and formalized system in place to modify guidelines as new information
becomes available and better practices are established.
7. There is no formal list in place that delineates sensitive areas that should have no or clearly
defined very limited development.
ELIZABETH A. NEVILLE
TOWN' CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 29, 2008
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on thc
proposed Local Law listed below on November 18, 2008 at 4:35 pm:
A Local Law in Relation to a Ninety day extension of the Moratorium on the Processing , Review ol; and
Making Decisions of Dock Applications (new or pending) made to the Board of Trustees pursuant to Clnaptcr
275 'Wetlands and Shoreline' of the Code of the Town of Southold
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Attachments
cc: Suffolk County Department of Planning
Village of Grcenport
Town of Riverhead
Email: Southold Town Planning Board
Southold Town Assessors
Southo[d Town Building Department
Sigl3a//'ure, ~:eiv~l~y ~ /
Plea. de print name
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton~
Southold Town Trustees
Southold Town Board of Appeals
Title:
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
RECEIVED
$outholrl Town
I!II.IZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 29, 2008
PI. EASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on tine
proposed Local Law listed below on November 18, 2008 at 4:35 pm:
A l.ocal Law in Relation to a Ninety day extension of the Moratorium on the Processing , Review of, and
Making Decisions of Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter
275 'Wetlands and Shoreline' of the Code of the Town of Southold
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Attachments
cc: Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Email: Southold Town Planning Board
/~ut[i~q,ld Town Assess~
/ _~'Squthold Town Build31M Depal"t~'~t
Signat/.u~, Received By/"% / ,
Please print name
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
i)UPLICATE TO BE SIGNED AND RETURNED TO
SOUTItOLI) TOWN CLERK
OCT 31
q~ulholrl Town Cle~
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
RECEIVED
OFFICE OF THE TOWN CLERK
TOVq-N OF SOUTHOLD
October 29, 2008
PI.EASE I'AKE NOTICE that the Town Board of thc Town of Southold will hold PUBLIC tlEARING on the
proposed I.ocal 1,aw listcd below on November 18, 2008 at 4:35 pm:
A Local Law in Relation to a Ninety day extension of the Moratorium on the Processing , Review ol', and
Making Decisions of Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter
275 'Wetlands and Shoreline' of the Code of the Town of Southold
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
cnvclopc. Thank you.
Attachments
cc: Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Emaih Southold Town Planning Board
Southold Town Assessors
Southold Tnwn Building Department
Si[~n~tlu~rc, Re~:civerd, By
Please print name
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Date:
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 29. 2008
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on tine
proposed l,ocal Law listed belo,~ on November 18, 2008 at 4:35 pm:
~A. I,ocal Law' in Relation to a Ninety day extension of the Moratorium the Review of, and
on
Processing
Making l)ccisions of Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter
275 'Wetlands and Shoreline' of thc Code of the Town of Southold
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Attachments
cc: Suflblk County Department of Planning
Village of Greenport
]'own of Riverhead
Email: Southold Town Planning Board
Southold Town Assessors
Soulhold Town Building Department
· . dBy~
S gnature, R~ceive
Please print natme
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
l'own of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Date:
Title: /-~o,.~-~ (~e.~-
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLI) TOWN CLERK
RECEIVED
t~'OV 3 2'¥'°
ELIZABETH A. NEVII,LE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 29, 2008
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on thc
proposed Local l,aw listed below on November 18, 2008 at 4:35 pm:
A I,ocal Law in Relation to a Ninety day extension of the Moratorium on the Processing , Review ol; and
Making Decisions of Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter
275 'Wetlands and Shoreline' of the Code of the Town of Southold
Please sign thc duplicate of this letter and return to mc at your earliest convenience in the self-addressed
envelope. Thank you.
Allachments
cc: Suflblk County Department of Planning
Village of Greenporl
Town of Riverhead
Emaih Southold Town Planning Board
Southold Town Assessors
Sou(hold Town Building Department
Si~,natur~, Receivcd-B}~
Please prin! name
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
I)ate: s
Title: '"~b.)c,}
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK -:
£ECEI¥,~D
Page 1 of 1
Rudder, Lynda
From: Lanza, Heather
Sent: Wednesday, October 29, 2008 11:02 AM
To: Rudder, Lynda
Subject: RE:
Received and distributed to the Planning Board and planning staff.
From: Rudder, Lynda
Sent: Wednesday, October 29, 2008 9:48 AM
To: Bunch, Connie; Glew, Claire; Kowalski, Linda; Standish, Lauren; Webster, Kevin; Verity, Hike; Lanza,
Heather; Cantrell, Elizabeth; Cappabianca, Lucille
Subject:
The Town Board will hold a Public Hearing on the attached Local Law on November
18, 2008 at 4:35 pm.
Please acknowledge receipt of this email. Thank you.
Lynda M Rudder
Lynda M Rudder
Deputy Southold Town Clerk
Principal Account Clerk
53095 Main Road
PO Box 1179
Southold, NY 11971
(631)765-1800 ext 265
10/31/2008
Page 1 of l
Rudder, Lynda
From: Lanza, Heather
Sent: Wednesday, October 29, 2008 11:02 AM
To: Rudder, Lynda
Subject: RE:
Received and distributed to the Planning Board and planning staff:
From: Rudder, Lynda
Sent: Wednesday, October 29, 2008 9:48 AM
To: Bunch, Connie; Glew, Claire; Kowalski, Linda; Standish, Lauren; Webster, Kevin; Verity, Mike; Lanza,
Heather; Cantrell, Elizabeth; Cappabianca, Lucille
Subject:
The Town Board will hold a Public Hearing on the attached Local Law on November
18, 2008 at 4:35 pm.
Please acknowledge receipt of this email. Thank you.
Lynda M Rudder
Lynda M Rudder
Deputy Southold Town Clerk
Principal Account Clerk
53095 Main Road
PO Box l 179
Southold, NY 11971
(631)765'1800 ext 265
10/29/2008
Rudder, L~/nda
From:
To:
Sent:
Subject:
System Administrator
Bunch, Connie; Glew, Claire; Kowalski, Linda; Standish, Lauren; Webster, Kevin; Verity, Mike;
Lanza, Heather; Cantrell, Elizabeth; Cappabianca, Lucille
Wednesday, October 29, 2008 9:48 AM
Delivered: Delivery Status Notification (Success)
TO:
Subject:
Sent:
Bunch, Connie; Glew, Claire; Kowalski, Linda; Standish, Lauren; Webster, Kevin; Verity, Mike; Lanza, Heather; Cantrell, Elizabeth;
Cappabianca, Lucille
10/29/2008 9:48 AM
was delivered to the following recipient(s):
Bunch, Connie on 10/29/2008 9:48 AM
Glew, Claire on 10/29/2008 9:48 AM
Kowalski, Linda on 10/29/2008 9:48 AM
Standish, Lauren on 10/29/2008 9:48 Al4
Webster, Kevin on 10/29/2008 9:48 AM
Verity, Nike on 10/29/2008 9:48 AiVl
Lanza, Heather on ~.0/29/2008 9:48 AlVi
Cantrell, Elizabeth on 10/29/2008 9:48 AM
Cappabianca, Lucille on 10/29/2008 9:48 AM
Page Iofl
Rudder, Lynda
From: Rudder, Lynda
Sent: Wednesday, October 29, 2008 9:48 AM
To: Bunch, Connie; Glew, Claire; Kowalski, Linda; Standish, Lauren; Webster, Kevin; Verity, Mike;
Lanza, Heather; Cantrell, Elizabeth; Cappabianca, Lucille
Tracking:
Recipient Delivery
Bunch, Connie Delivered:
Glew, Claire Delivered:
Kowalski, Linda Delivered:
Standish, Lauren Delivered:
Webster, Kevin Delivered:
Verity, Hike Delivered:
Lanza, Heather Delivered:
Cantrell, Elizabeth Delivered:
Cappabianca, Lucille Delivered:
10/29/2008 9:48 AM
10/29/2008 9:48 AM
10/29/2008 9:48 AM
10/29/2008 9:48 AH
10/29/2008 9:48 AH
10/29/2008 9:48 AH
10/29/2008 9:48 AH
10/29/2008 9:48 AM
10/29/2008 9:48 AH
The Town Board will hold a Public Hearing on the attached Local Law on November 18,
2008 at 4:35 pm.
Please acknowledge receipt of this email. Thank you.
Lynda M Rudder
Lynda M Rudder
Deputy Southold Town Clerk
Principal Account Clerk
53095 Main Road
PO Box 1179
Southold, NY 11971
(631)765'1800 ext 265
10/29/2008
NI6-000 ., Page 1 of 2
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Rudder, Lynda
From: Kowalski, Linda
Sent: Wednesday, October 29, 2008 9:58 AM
To: Rudder, Lynda
Cc: Cappabianca, Lucille
Subject: RE: receipt local law
Receipt is acknowledged. Thank you.
ZBA Town of Southold
()ffice Location:
54375 Main Road (NFB 1st Floor)
Mailing Address:
53095 Main Road
P.O, Box 1179
Southold, NY 11971-0959
(631) 765-1809 (ext. 5011 at voice recording)
fax (631 ) 765-9064
10/29/2008
.. Pagc 1 of l
Rudder, Lynda
From: Cantrell, Elizabeth
Sent: Wednesday, October 29, 2008 9:50 AM
To: Rudder, Lynda
Subject: RE:
Email and attachment received
Thank you
Elizabeth Cantrell
From: Rudder, Lynda
Sent: Wednesday, October 29, 2008 9:48 AM
To: Bunch, Connie; Glew, Claire; Kowalski, Linda; Standish, Lauren; Webster, Kevin; Verity, Mike; Lanza,
Heather; Cantrell, Elizabeth; Cappabianca, Lucille
Subject:
The Town Board will hold a Public Hearing on the attached Local Law on November 18,
2008 at 4:35 pm.
Please acknowledge receipt of this email. Thank you.
byndo AA Rudder
Lynda M Rudder
Deputy Southold Town Clerk
Principal Account Clerk
53095 Main Road
PO Box 1179
Southold, NY 11971
(631)765-1800 ext 265
10/29/2008
#9068
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that 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, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
30th day °f Oct°ber' 2008' .~//~.,..z.-~__
Principal Clerk
Sworn to before me this
day of L~...~)[--)' 2008
quality, marine life and benthic commu-
nities. Docks have the effect of imped-
ing the public access and use of waters
and shorelines, affecting navigation of
vessels and creating negative aesthetic
impacts.
On May 20, 2008, the Town Board
enacted a one hundred and eighty (180)
day moratorium on the approval process
for new docks in these waters, in order
to comprehensively review the current
code provisions and recent scientific
studies. A survey of all town waters, re-
view of available scientific materials and
evaluation of the Town code has taken
place. The Town staff assigned to this
project has worked diligently and is pre-
pared to review findings and recommen-
dations with the Town Board. The Town
Board is currently involved in detailed
budget review, and will turn full atten-
tion this matter after the state imposed
deadline for budget adoption of Novem-
ber 20, 2008. The Town Board expects to
prepare legislation to address when, and
under what circumstances, docks may
be permitted in the Pecoinc Bay, Long
Island Sound, Block Island Sound and
Fishers Island Sound. It is expected that
this legislation will be prepared by the
end of the year, and scheduled for pubbc
nearing and eventual adoption.
Section 2: Enactment of a Temporary
Moratorium
Chapter 275
§275-17 Temporary Moratorium
A. For a period of ninety days follow-
ing the expiration of the current morato-
rium (90 days from November 20, 2008),
after which date this Local Law shall
lapse and be without further force and
effect:
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) made pursuant to Chapter
275 of the Town Code of the Town of
Southold for any new deck (as defined
in Chapter 275) proposed to be located
in the Peconic Bay, Long Island Sound,
Block Island Sound and Fishers Island
Town Clerk and the Board of ]¥ustees
(for recommendation) and shall include
a fee of $50.00 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. Final approval is
reserved to the absolute legislative dis-
crefion of the Town Board.
Section 3: 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 unconstitution-
al or invalid.
Section 4: EFFECTIVE DATE
This Local Law shall take effect on
November 20, 2008, and remain in effect
for 90 days.
Dated: October 21,2008
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
9068-1T 10/30
TARY PUBLIC-STATE OF NEW YORK
Nc,, 01-V06105050
'~ualtf 90 In Suffolk County
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
Town of Southold, Suflblk County, New York, on the 21st day of October 2008 a Local
Law entitled "A Local Law in Relation to a Ninety day extension of the Moratorium on
the Processing, Review of, and Making Decisions on Dock Applications (new or
pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and
Shoreline' of the Code of the Town of Southold" and
NOTICE IS HEREBY 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~ 53095 Main Road~ Southold~ New York~ on the 18th day of November
2008 at 4:35 p.m. at which time all interested persons will be given an opportunity to be
heard.
The proposed local law entitled, "A Local Law in Relation to a Ninety day extension of
the Moratorium on the Processing, Review of, and Making Decisions on Dock
Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275
'Wetlands and Shoreline' of the Code of the Town of Southold" reads as follows:
LOCAL LAW NO. of 2008
"A Local Law in Relation to a Ninety day extension of the Moratorium on the
Processing, Review of, and Making Decisions on Dock Applications (new or pending)
made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the
Code of the Town of Southold".
Be it enacted by the Town Board of the Town of Southold as follows:
Section 1: Legislative Intent
The Town Board finds that the construction of docks in the Peconic Bay, Long Island
Sound, Block Island Sound and Fishers Island Sound impairs the Town's unique
environment and ecology. The construction of docks in these waters results in
environmental and physical degradation including, but not limited to, impacts to
vegetation, water quality, marine life and benthic communities. Docks have the effect of
impeding the public access and use of waters and shorelines, affecting navigation of
vessels and creating negative aesthetic impacts.
On May 20, 2008, the Town Board enacted a one hundred and eighty (180) day
moratorium on the approval process for new docks in these waters, in order to
comprehensively review the current code provisions and recent scientific studies. A
survey of all town waters, review of available scientific materials and evaluation of the
Town code has taken place. The Town staff assigned to this project has worked diligently
and is prepared to review findings and recommendations with the Town Board. The
Town Board is currently involved in detailed budget review, and will turn full attention
this matter after the state imposed deadline for budget adoption of November 20, 2008.
The Town Board expects to prepare legislation to address when, and under what
circumstances, docks may be permitted in the Peconic Bay, Long Island Sound, Block
lsland Sound and Fishers Island Sound. It is expected that this legislation will be
prepared by the end of the year, and scheduled for public hearing and eventual adoption.
Section 2: Enactment of a Temporary Moratorium
Chapter 275
§275-17 Temporary Moratorium
A. For a period of ninety days following the expiration of the current moratorium (90
days from November 20, 2008), after which date this Local Law shall lapse and be
without further force and effect:
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) made pursuant to Chapter 275 of the Town
Code of the Town of Southold for any new dock (as defined in Chapter
275) proposed to be located in the Peconic Bay, Long Island Sound, Block
Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay
Harbor, West Harbor, Chocomount Cove and East Harbor);
2)
The Board of Trustees of the Town of Southold shall not accept
review, continue review, hold a hearing or make any decision upon any
application (new or pending) made pursuant to Chapter 275 of the Town
Code of the Town of Southold for any extension or addition to any
existing dock (as defined in Chapter 275) located in the Peconic Bay,
Long Island Sound, Block Island Sound and Fishers Island Sound
(excluding Silver Eel Cove, [lay Harbor, West Harbor, Chocomount Cove
and East Harbor).
B. APPLICATION
1) This Local Law shall apply to ALL (new or pending) applications for a
Chapter 275 permit from the Board of Trustees of the Town of Southold
for any new or existing dock (as that term is defined in Chapter 275).
C. EXCLUSIONS
This Local Law shall not apply to:
1) the ordinary and usual maintenance or repair, in-place, of a presently
existing dock that has been issued a permit by the Board of Trustees.
D. 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 275 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 t 0( 1 )(ii)(a)(14) and section 22 to supercede any inconsistent
authority. In particular, this local law supercedes Southold Town Code Chapter 275
sections 275-5 and sections 275-7 through 11, to the extent that these sections require the
Board of Trustees to act upon, hold hearings on, and make decisions concerning
applications.
E. 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 an extraordinary hardship. To grant such a
request the applicant must file with the Town Board and the Board of Trustees supporting
documentation. 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 $50.00 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. Final
approval is reserved to the absolute legislative discretion of the Town Board.
Section 3: 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 4: EFFECTIVE DATE
This Local Law shall take effect on November 20, 2008, and remain in effect for 90 days.
Dated: October 21, 2008
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON OCTOBER 30, 2008, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times Town Board Members
TC's Bulletin Board Trustees
Town Attorney
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 ~"] day of (~C._Jro bO t/ ,2008, she affixed a
notice of which the annexed printed notice is a tree 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.
PH LL on Dock Moratorium 11/18/08 4:35 pm
I~abeth A. Neville
Southold Town Clerk
Sworn before me this
r~ day of Oc.avok:~.v~ ,2008.
LYNDA M. BOHN
NOTARY PUBLIC, State of New York
No, 01 BO6020932
Qualified in Suffolk CounN
Term Expires March 8, 20 .IL
Southold l'ov, n Board - l.etter
Board Mee{qng of October 21, 2008
RESOLUTION 2008-974
ADOPTED
Item//
DOC iD: 4358
THIS IS TO CERTIFY THAT THE FOLLOVClNG RESOLUTION NO. 2008-974 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTItOLD TOWN BOARD ON
OCTOBER 21, 2008:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suf~blk
County, New York, on the 21st day of October 2008 a Local Law entitled "A Local Law in
Relation to a Ninety day extension of the Moratorium on the Processing, Review of, and Making
Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to
Chapter 275 'Wetlands and Shoreline' of the Code of the Town of Southold' now, therefore, be
it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hali~ 53095 Main Road~ Southold~ New York~
on the 18th day of November 2008 at 4:35 p.m. at which time all interested persons will be
given an opportunity to be heard.
The proposed local law entitled, "A Local Law in Relation to a Ninety day extension of' the
Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or
pending) made to the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the
Code of the Town of Southold" reads as £ollows:
LOCAL LAW NO. of 2008
"A Local Law in Relation to a Ninety day extension of the Moratorium on the
Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to
the Board of Trustees pursuant to Chapter 275 'Wetlands and Shoreline' of the Code of the
Town of Southold".
Be it enacted by the Town Board of the Town of Southold as follows:
Generated October 22, 2008 Page 41
Southold Town Board - Letter Board Meeting of October 21,2008
Section I: Legislative Intent
The Town Board finds that the construction of docks in the Peconic Bay, Long lsland Sound,
Block Island Sound and Fishers Island Sound impairs the Town's unique environment and
ecology. The construction of docks in these waters restllts in environmental and physical
degradation including, but not limited to, impacts to vegetation, water quality, marine life and
benthic communities. Docks have the effect of impeding the public access and use of waters and
shorelines, affecting navigation of vessels and creating negative aesthetic impacts.
On May 20, 2008, the Town Board enacted a one hundred and eighty (180) day moratorium on
the approval process for new docks in these waters, in order to comprehensively review the
current code provisions and recent scientific studies. A survey of all town waters, review of
available scientific materials and evaluation of the Town code has taken place. The Town stall'
assigned to this project has worked diligently and is prepared to review findings and
recommendations with the Town Board. The Town Board is currently involved in detailed
budget review, and will turn full attention this matter after the state imposed deadline for budget
adoption of November 20, 2008. The Town Board expects to prepare legislation to address
when, and under what circumstances, docks may be permitted in the Peconic Bay, Long Island
Sound, Block Island Sound and Fishers Island Sound. It is expected that this legislation will be
prepared by the end of the year, and scheduled for public hearing and eventual adoption.
Section 2: Enactment ora Temporary Moratorium
Chapter 275
§275-17 Temporary Moratorium
A. For a period of ninety days following the expiration of the current moratorium (90 days
from November 20, 2008), after which date this Local Law shall lapse and be without further
force and effect:
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) made pursuant to Chapter 275 of the Town
Code of the Town of Southold for any new dock (as defined in Chapter
275) proposed to be located in the Peconic Bay, Long Island Sound, Block
Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor,
West Harbor, Chocomount Cove and East Harbor);
2)
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) made pursuant to Chapter 275 of the Town
Code of the Town of Southold for any extension or addition to any
existing dock (as defined in Chapter 275) located in the Peconic Bay,
Long Island Sound, Block Island Sound and Fishers Island Sound (excluding
Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor).
Generated October 22, 2008 Page 42
Southold Town Board - l,ettcr Board Meeting of October 21,2008
B. APPLICATION
1) This Local l,aw shall apply to ALL (new or pending) applications for a
Chapter 275 permit from the Board of Trustees of the Town of Southold
for any new or existing dock (as that term is defined in Chapter 275).
C. EXCLUSIONS
This I,ocal Law shall not apply to:
1) the ordinary and usual maintenance or repair, in-place, ora presently
existing dock that has been issued a permit by the Board of Trustees.
D. 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 275 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)(iii(d)(3); section
10(1)(iii(a)(14) and section 22 to supercede any inconsistent authority. In particular, this local
law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 1 I,
to the extent that these sections require the Board o£Trustees to act upon, hold hearings on, and
make decisions concerning applications.
E. 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 an extraordinary hardship. To grant such a request the applicant must file
with the Town Board and the Board of Trustees supporting documentation. 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 $50.00 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. FinaI approval is reserved to the absolute legislative discretion of the Town
Board.
Section 3: SEVERABIL1TY
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 4: EFFECTIVE DATE
G-enerated October 22, 2008 Page 43
Southold Town Board - Letter Board Meeting of October 21, 2008
This Local Law shall take effect on November 20, 2008, and remain in effect lbr 90 days.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [4 TO 2]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Albert Krupski Jr., Thomas H. Wickham, Louisa P. Evans, Scott Russell
NAYS: William Ruland, Vincent Orlando
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