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HomeMy WebLinkAboutLL 2010 #01Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD April 21,2010 Thomas A. Isles, A.I.C.P. County of Suffolk Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 RE: AQUACULTURE LEASE PROGRAM Dear Mr. Isles: Please be advised that in accordance with Town of Southold Local Law entitled "A Local Law in relation to Amendments to Chapter 275-Wetland and Shoreline" filed on Apdl 9, 2010, permits are required for any aquaculture activities that includes surface mounting gear in an area greater than five square. A copy of Local Law 1 is attached for your convenience. Please feel free to contact our office if you have any questions. Very truly yours, Doherty, Presi~lent of Trustees JMD:lms Enc. SOUTHOLD TOWN BOARD PUBLIC HEARING March 23, 2010 7:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:06 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2na day of February 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetland and Shoreline" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 23rd day of March, 2010 at 7:35 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 Amendments to Chapter 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, and to protect the natural protective areas existing within the Town, it is necessary to make certain amendments to Chapter 275. These amendments are intended to support the protection of environmental features within the Trustees' jurisdiction, simplify the permit process, codify and clarify policies and strengthen enforcement. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: ARTICLE 1 General Provisions § 275-4 Exceptions. [§ 275-4 A(1) through (3) and (5) through (11) - text remains the same.] Chapter 275 Amendments Public Hearing March 23, 2010 A. The provisions of this chapter shall not require a permit for the following: (4) The ordinary and usual operations relative to residential horticulture 2 within Trustees' jurisdiction provided they are limited to the use of noninvasive native species of vegetation. This exception does not include activity on a bluff. Re-grading and removal of trees are not considered such ordinary and usual operations. ARTICLE II Permits § 275-5 Permit procedures. [§ 275-5 B(1), B(2)(a) through (f) and (h) through (p) - text remains the same.] B. Administrative permit. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in § 275-11. The Board of Trustees may consider operations for administrative review other than those listed below if the operations fall within the definition as set forth in § 275-5 B(1): (g) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks of less than 550 gallon capacity, fuel lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (q) An application for proposed aquaculture activit~ that includes surface mounting gear in an area greater than five square yards. C. Emergency permits. The Trustees may issue a temporary emergency permit where specific exigent circumstances exist that may result in personal or property loss or damage. Upon expiration of temporary permit or before the date of expiration, the applicant must apply for a permit as set forth in §§ 275-5, 275-6 and 275-7. § 275-7 Fees. [§ 275-7 A through D and F - text remains the same.] E. Dock and float fee. Every application for a new dock or float shall include a fee equal to $3 per square foot orN4near-hvagth for residential and commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8 Processing of application. [§ 275-8 A through G - text remains the same.] H. Administrative permits. An administrative permit includes operations that are is deemed to have no adverse environmental impact on ~z ;vct!an~: and t~al watzra of thc Tz;;.~, and a public hearing and notice are not required prior to issuance of a permit. The final decision will be made upon resolution. § 275-10 Contents of permit. Chapter 275 Amendments Public Heating March 23, 2010 [§275-10 A through J and L - text remains the same.] K. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County ~ P-rope~es Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." § 275-11 Construction and operation standards. [§ 275-11 A, B(1)(a) through (b) and (d) through (m) - text remains the same; §275-11 C(1), (2)(a)[1] through [8] and [10] through 13 - text remains the same.] B. Shoreline structures. (c) Bu!!c.hcad: on thc Sound muzt be o~.*'mored wi'~h ston,~. C. In water. (2) Docks. (a)[9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, on the up!and, not less than five feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. § 275-12.1. Stop-work orders. A. The Bay Constable, Zoning Inspector, or Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall issue a stop-work order to halt: (1) Any work that is determined by the Bay Constable, Zoning Inspector, or Code Enforcement Officer to be contrary to any applicable provision of this chapter, or: (a) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Bay Constable, Zoning Inspector or Code Enforcement Officer, without regard to whether such work is or is not work for which a Trustee permit is required, and without regard to whether a Trustee permit has or has not been issued for such work; or [§275 - 12.1 A(1)(b) - text remains the same.] B. Stop-work orders shall: (1) Be in writing; (2) Be dated and signed by the Bay Constable, Zoning Inspector, or Code Enforcement Officer; [§275-12.1 B(3) and (4) - text remains the same.] C. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified mail to the owner or permit holder and posting at the work site. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any Chapter 275 Amendments Public Hearing 4 March 23, 2010 other person taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work order. [§275-12.1 D and E - text remains the same.] ARTICLE III Administration and Enforcement § 275-15. Coordination and enforcement. The Director of Code Enfomement, Zoning Inspector, and/or the Bay Constable are responsible for coordination and enfomement of the provisions of this chapter. The Director of Code Enforcement, Zoning Inspector, and Bay Constables have the authority to issue violations of this chapter. § 275-16. Compliance requirements; penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector, or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs may constitute a separate, additional offense. [§ 275-16 B (1) through (6) - text remains the same.] (7) Other offenses. For an offense against any of the provisions of this Chapter not specifically designated above, a violator shall be subiect to a fine of not more than $1,000.00. III. 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 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. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. The complete proposed text amendments to Chapter 275 are made available at the Town Clerk's office and on the town website. I have a copy of the affidavit of posting on the bulletin board out front. We also have the affidavit of publication in the Suffolk Times Chapter 275 Amendments Public Heating 5 March 23, 2010 on March 11, 2010. We have a copy of a letter from the Suffolk County Department of Planning; a letter of recommendation pursuant to the requirements of sections A1414 to 25 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 of local determination as there is no apparent significant countywide or intemommunity impacts. A decision of local determination should not be construed as either an approval nor disapproval." And also a letter from the LWRP coordinator, Mark Terry, saying that this is consistent with the LWRP and also from the Southold Town Planning Board with the letters of recommendation to go forward. SUPERVISOR RUSSELL: Would anybody like to come up and comment on this particular local law? (No response) Okay, can I get a motion to close this discussion? This heating was closed at 8:09 PM Eliz~eth A. Neville Southold Town Clerk DAVID A, PATERSON (~OVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 April 9, 2010 LORRAINE A. CORTI~S-V/~,ZQUEZ SECRETARY OF STATE RECEIVED Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 APR i 5 010 Southold Town Clerk RE: Town of Southold, Local Law 1, 2010, filed on April 9, 2010 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing formas can be obtained from our website, www.dos.state.n¥.us. Sincerely, State Records and Law Bureau (5 ] 8) 474-2755 WWW.DOS.STATE.NY.US · ~:-MAIL: INFO.DOS.STATE.NY.US MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Subject: Ms. Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney April 6, 2010 LL/Amendments to Chapter 275 SEQRA SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 RECEIVED AF~ 7 2010 For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. have retained a copy of this document in our file. We Also attached is a copy of the resolution authorizing Scott to sign this document. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures cc: Members of the Town Board (w/encls.) Martin D. Finnegan, Town Attorney (w/encls.) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~)plicant or Project Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME Town of Southold / Amendments to Chapter 275, Wetlands and Shoreline 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town-wide 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline 7. AMOUNT OF LAND AFFECTED: initially l'qA acres Ultimately NA acres 8. W1LL PROPOSED ACTION COMPLY VVITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~ ~ No If No, descdbe briefly 9. WHAT iS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space Describe: All, action applies town-wide in areas subject to Board of Trustees jurisdiction, r~ other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes --[~ NO If Yes, list agency(s) name and permit/approvals: New York State Department of State approval is required for local law amendments. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? LJ Yes [] No If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EX,STING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes [~]no I CERTIFY TI-I. AT~' H E INFORMATION PROVIDED AFJOVE I~ TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: '7'-~',,~*'~ ,r-~x,~ ..~.~C.C-.t/--'~//C3/ Date: 3/19/10 If the action is in the Coastal Area, and you are a state ag.ency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617,47 If yes, coordinate the review process and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. [~] Yes [7]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legibte) Cl. Existing air quality, surfaco or groundwater quality or quantity, noise levels, existing traffic pa~tern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain beefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: None C6. Long term, short term, cumulative, or other effects not identified in C1 -C57 Explain bdelty: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~ ~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important er otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially la~ge or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Check this box ifyou have defermined, based on the information and analysis above and any supporting documentation, that the proposed action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necoseary, the reasons supporting this detem3inatior Town of Southold Town Board Name of Lead Agency Scott Russell Print or Ty.p~~Agency SignaT'dte of Responsible Officer in Lead Agency 3/19/10 Date Supervisor Title of Responsible Officer RESOLUTION 2010-246 ADOPTED DOC ID: 5796 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-246 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 23, 2010: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 275~ Wetland and Shoreline" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated March 19, 2010, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell USAirbill Express ~"" R63 ,-~., 9461 6264 Address 53095 ROUTE 25 c~ySOUTHOLD ~t. NY ziP 1197;[ 0384625653 4a Expre~ Package Se~ice [] FedEx PfiodW Overnight e~N.e~d Ex Standard Overnight 4b Express Freight Sewice ing * [] FedEx P.k' [] FedEx [] FedEx SATOri)AY Deliwy HOLO _W~a~W [] NOTAvailablelo~ [] atFedExLocatim [] atFedExLocaoon ~ ,ecipierd [] ~ird Pa~y [~ Cred~Card [] Cash/Check 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 April 6, 2010 Fed Ex Local Law No. 1 of 2010 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231-001 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, l am enclosing herewith certified copy of Local Law No. 1 of 2010 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. Very truly yours, f~ Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY1 NY 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. Cl County rn City [] Town of $OUTHOLD r~ Village Local Law No. 1 of the year 2010. A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline Be it enacted the Town Board of the: [] County rn City [] Town of SOUTHOLD r~ Village I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, and to protect the natural protective areas existing within the Town, it is necessary to make certain amendments to Chapter 275. These amendments are intended to support the protection of environmental features within the Trustees' jurisdiction, simplify the permit process, codify and clarify policies and strengthen enforcement. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: ARTICLE 1 General Provisions § 275-4 Exceptions. A. The provisions of this chapter shall not require a permit for the following: (4) The ordinary and usual operations relative to residential horticulture within Trustees' jurisdiction provided they are limited to the use of noninvasive native species of vegetation. This exception does not include activity on a bluff. Re-grading and removal of trees are not considered such ordinary and usual operations. ARTICLE II Permits § 275-5 Permit procedures. B. Administrative permit. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) (2) The following operations will be considered for administrative review, in accordance with the standards set forth in § 275-11. The Board of Trustees may consider operations for administrative review other than those listed below if the operations fall within the definition as set forth in § 275-5 B(I): (g) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks of less than 550 gallon capacity, fuel lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (q) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. Emergency permits. The Trustees may issue a temporary emergency permit where specific exigent circumstances exist that may result in personal or property loss or damage. Upon expiration of temporary permit or before the date of expiration, the applicant must apply for a permit as set forth in §§ 275-5,275-6 and 275-7. § 275-7 Fees. Dock and float fee. Every application for a new dock or float shall include a fee equal to $3 per square foot for residential and commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M 1 and M2. § 275-8 Processing of application. Administrative permits. An administrative permit includes operations that are deemed to have no adverse environmental impact, and a public hearing and notice are not required prior to issuance of a permit. The final decision will be made upon resolution. § 275-10 Contents of permit. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." § 275-11 Construction and operation standards. B. Shoreline structures. C. In water. (2) Docks. (a)[9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, not less than five feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. § 275-12.1. Stop-work orders. 2 The Bay Constable, Zoning Inspector, or Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall issue a stop-work order to halt: (1) Any work that is determined by the Bay Constable, Zoning Inspector, or Code Enforcement Officer to be contrary to any applicable provision of this chapter, or: (a) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Bay Constable, Zoning Inspector or Code Enforcement Officer, without regard to whether such work is or is not work for which a Trustee permit is required, and without regard to whether a Trustee permit has or has not been issued for such work; or B. Stop-work orders shall: (1) Be in writing; (2) Be dated and signed by the Bay Constable, Zoning Inspector, or Code Enforcement Officer; The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified mail to the owner or permit holder and posting at the work site. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work order. ARTICLE III Administration and Enforcement § 275-15. Coordination and enforcement. The Director of Code Enforcement, Zoning Inspector, and/or the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter. The Director of Code Enforcement, Zoning Inspector, and Bay Constables have the authority to issue violations of this chapter. § 275-16. Compliance requirements; penalties for offenses. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector, or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to the following fine 3 schedule. Each day on which such violation occurs may constitute a separate, additional offense. (7) Other offenses. For an offense against any of the provisions of this Chapter not specifically designated above, a violator shall be subject to a fine of not more than $1,000.00. 111. 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 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. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as (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. I of 20 10 . of the ~Town) (\q~:.g:) of SOUTHOLD was duly passed by the TOWN BOARD on March 23 ,20 10 , 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 approvedXre-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 by the on 20___, and was (approved)(not approvedXrepassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a 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 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 with 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. 5. (City local law concevning Charter revision proposed by petition.) 1 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 qualified 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 there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. Clerk of the~nty lcgi'slativ~ body. City.-~'own or (SeaO Village Cler~or officer designated by I~al legislative body Elizabeth A. Neville, Town Clerk Date: March 29~ 2010 (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 1, the undersigned, hereby certify that the foregoing local law cflml~'Th'~rrect text and that all have been had or taken for the enactment of the local law ann{x~ Signatt~ J ~ Martin l~. F[nnegan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTItOLD Date: March 29~ 2010 proper proceedings Southold Town Board - Letter Board Meeting of March 23, 2010 RESOLUTION 2010-262 ADOPTED Item # 5.36 DOC ID: 5805 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-262 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 23, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of February, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" and WHEREAS that 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 therefor 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 Amendments to Chapter 275~ Wetlands and Shoreline" which reads as follows: LOCAL LAW NO. 1 of 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, and to protect the natural protective areas existing within the Town, it is necessary to make certain amendments to Chapter 275. These amendments are intended to support the protection of environmental features within the Trustees' jurisdiction, simplify the permit process, codify and clarify policies and strengthen enforcement. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: ARTICLE 1 General Provisions § 275-4 Exceptions. [§ 275-4 A(1) through (3) and (5) through (11) - text remains the same.] A. The provisions of this chapter shall not require a permit for the following: Generated March 26, 2010 Page 46 Southold Town Board - Letter Board Meeting of March 23,2010 (4) The ordinary and usual operations relative to residential horticulture within Trustees' jurisdiction provided they are limited to the use of noninvasive native species of vegetation. This exception does not include activity on a bluff. Re- grading and removal of trees are not considered such ordinary and usual operations. ARTICLE II Permits § 275-5 Permit procedures. [§ 275-5 B(I), B(2)(a) through (f) and (h) through (p) - text remains the same.] B. Administrative permit. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in § 275-11. The Board of Trustees may consider operations for administrative review other than those listed below if the operations fall within the definition as set forth in § 275-5 B(1): (g) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks of less than 550 gallon capacity, fuel lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (q) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. C. Emergency permits. The Trustees may issue a temporary emergency permit where specific exigent circumstances exist that may result in personal or property loss or damage. Upon expiration of temporary permit or before the date of expiration, the applicant must apply for a permit as set forth in §§ 275-5,275-6 and 275-7. § 275-7 Fees. [§ 275-7 A through D and F - text remains the same.] Generated March 26, 2010 Page 47 Southold Town Board - Letter Board Meeting of March 23,2010 Dock and float fee. Every application for a new dock or float shall include a fee equal to $3 per square foot cf linear !engt~ for residential and commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M 1 and M2. § 275-8 Processing of application. [§ 275-8 A through G - text remains the same.] Administrative permits. An administrative permit includes operations that are is-deemed to have no adverse environmental ' ~ ..... ,~. ~_~ ,:~ ~c+~ -r .... Impact on t .................... and a public hearing and notice are not required prior to issuance of a permit. The final decision will be made upon resolution. § 275-10 Contents of permit. [§275-10 A through J and L - text remains the same.] A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Dcpa.~merg of Rea! Prc, pe~ez Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." § 275-11 Construction and operation standards. [§ 275-11 A, B(1)(a) through (b) and (d) through (m) - text remains the same; §275-11 C(1), (2)(a)[l] through [8] and [10] through 13 -text remains the same.] B. Shoreline structures. C. In water. (2) Docks. (a)[9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, on *~ .... ~-'~ not less than five feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. § 275-12.1. Stop-work orders. Generated March 26, 2010 Page 48 Southold Tov~n Board - Letter Board Meeting of March 23, 2010 The Bay Constable, Zoning Inspector, or Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall issue a stop-work order to halt: (l) Any work that is determined by the Bay Constable, Zoning Inspector, or Code Enforcement Officer to be contrary to any applicable provision of this chapter, or: (a) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Bay Constable, Zoning Inspector or Code Enforcement Officer, without regard to whether such work is or is not work for which a Trustee permit is required, and without regard to whether a Trustee permit has or has not been issued for such work; or [§275-12.1 A( 1 )(b) - text remains the same.] B. Stop-work orders shall: (1) Be in writing; (2) Be dated and signed by the Bay Constable, Zoning Inspector, or Code Enforcement Officer; [§275-12.1 B(3) and (4) - text remains the same.] C. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall cause the stop- work order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified mail to the owner or permit holder and posting at the work site. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work order. [§275-12.1 D and E - text remains the sam~.] ARTICLE III Administration and Enforcement § 275-15. Coordination and enforcement. The Director of Code Enforcement, Zoning Inspector, and/or the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter. The Director of Code Generated March 26, 2010 Page 49 Southold Town Board - Letter Board Meeting of March 23, 2010 Enforcement; Zoning Inspector, and Bay Constables have the authority to issue violations of this chapter. § 275-16. Compliance requirements; penalties for offenses. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enfomement, Zoning Inspector, or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs may constitute a separate, additional offense. [§ 275-16 B (1) through (6) - text remains the same.] (7) Other offenses. For an offense ~gain~t any of the provisions of this Chapter not specifically designated above, a violator shall be subject to a fine of not more than $1,000.00. 11I. 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 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. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] HOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated March 26, 2010 Page 50 Southold Town Board - Letter Board Meeting of March 23, 2010 RESOLUTION 2010-246 ADOPTED Item # 5.20 DOC ID: 5796 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-246 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 23, 2010: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 275~ Wetland and Shoreline" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated March 19, 2010, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] HOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated March 26, 2010 Page 30 MARTIN D, FINNEGAN TOWN ATTORNEY mar tin.finnegan@town.sout~old.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town H~I Annex, 54375 Route 25 P.O, Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD R'~C~IV~D MEMORANDUM To: Ms. Sandi Berliner From: Lynne Krauza Secretary to the Town Attorney Date: March 25, 2010 Subject: LL/Amendments to Chapter 275 - SEQRA I am enclosing an original Short Environmental Assessment Form in connection with the referenced matter. A resolution authorizing Scott to sign this document is also attached hereto. In this regard, kindly have Scott sign this form in both places where indicated and return to me for processing. Thank you for your attention. If you have any questions, please do not hesitate to call me. /Ik Enclosures J cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.) 617,20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Project Sponsor) 1. APPLICANT/SPONSOR 12. PROJECT NAME i Town of Southo|d / Amendments to Chapter 275, Wetlands and Shoreline 3. PROJECT LOCATION: Municipality Southold County Saffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town-wide 5. PROPOSED ACTION IS: [] New [] Expansion [] Modlticalionlalteration 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline 7. AMOUNT OF LAND AFFECTED: Initially HA acres Ultimately NA acres 8. WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9~ WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: All, action applies town-wide in areas subject to Board of Trustees jurisdiction. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: New York State Department of State approval is required for local law amendments. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? r-~ Yes [~No I CERTIFY THAT THE INFORMATION PROVIDED ALCOVE I.STRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: "~O ~J/~l (-,)-~ _5~t.5, C.~/~ C~//O/ Date: 3/19/10 Signature: I If the action is in the Coastal Area and you are a state agency, complete the Coastal Assessment Form before proceed ng w th this assessment I OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the nview process and use the FULL EAF. E]Yes [~]No B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency, r--lYes p-IHe C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeologicel, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3, Vegetation or fauna, fish, sheflfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A cummunity's existing p~ans or goals as officially adopted, or a change in use or intensity et use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed acflon? Explain bdefly: None C6. Long term, shell term, cumulative, or other effects not identified in Cl-C57 Explain briefly: None C7. OIher impacts (including changes in use of either quantity or type of energy)? Explain briefly: None WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA}? ~ Yes ~'] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidentifiedab~ve~determinewheIheritissubstan~ia~~large~imp~rtant~r~therwisesignificanI~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probabi!ity of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessapj, add attachments or reference supporting materials. Ensure that explanations contain sufficient detaii to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or signiflcent adverse impacts which MAY oct..ur. Then proceed directly to the FULl EAF and/or prepare a posflive declaration. [] Check this box if you have defermined, based on the information and analysis above and any supporting d°cumentafl°n.that the pr°p°sed ac i°n WILl NOT result in any significant adverse environmental impacts AND provide, on altachments as necessaP/, the reasons supporting this determination Town of Southold Town Board Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 3/19/10 Date Supervisor TiUe of Responsible Officer RESOLUTION 2010-246 ADOPTED DOC ID: 5796 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-246 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 23, 2010: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 275~ Wetland and Shoreline" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Tow~a Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated March 19, 2010, and authorizes Supervisor Scott A. Russell to sign the short [brm EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Kmpski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell 32 I MARCH ll, 2010 I SIGN CHANGE.. CONTINUED FROM PAGE 21 ing in and Out of school, we'll have no choice but to enforce the law." the chief said. "We canxtehate 2Omph all- day long, but you have to slow down in SUFFOLKTIMES.COM .~ school does have~ pay ~180 ,atg~...a~ ......... ~ . in annual maint~na~i~'~es ~,C-~[~~~e j~mmed like ~e LIE" ~ p~ents Smi~ e lathed . ..... .~ m~~ve~ c~ teg~- dropping off students on the edge in* fl-- ~*k - - o~m~[ew~l~o~e~a~ intone ~lot hes i ~;~s 'It's the myst~ of ~O~e ~a?- "~ L~ ~ ~;nt o~; people ~ds~yat20 ~o ~as ~me.a io~c~ arent doing 20, ~e school board no offici~ vote w~ the NO~ F~. ~al/-~u~g;~ber' added· 'It-~ ~ done, but a school zone" .. .... er students don't cross ,,au do fe ~ ', . ' an,~r.~rm~said. ~*it~t-.~-~---,----- .~ .. ~ . . ~ ~ ~ yuu~e crawung. ~ut ~oncernea ~ ~dent safety, "Peonle n- k- *k~ ~,~~' _me, mgnway~ nor ~e ~om what I have seen it has - : , . - t-~ r ..y ~y ...~.~ ~ .....,, . . ~ . , made the school ~Igh~ appl~ fo!~ ~ifs P~ethead ~- ~eY~!~[ ~ a ~ I ha~ seen ~es ofc~s a speeu-sign grant OfficiOs ~ ~"he~d . ...... ~e~{on~. ~a~ .~ c~ng ~rbu h there, but before learned ~e s~:~ i~*-" o-- ~' :~L" .. '-'~ . ~lr. ~m]m sam. gerween 7 15 and ' ~jmt flew with no u"~o-' ~2~ .~" :'~'-~~ W~st 7 45 a m on a school da ~ M b ~~:~ ~ ee, crmcs~oned~elo~c Roadbvthe, Matttme~.~ .... -~.~ ~ ...... LEGAL NOTIC ,.~,~;~,o, ~or~aa~. ~ ~ ~'~ .......... ~fic Cl -'a~'12'l~(~(b) - Ce~ remat~ the ~ _Y.ork. ,on. the 2a.d day of Febma~ in n~r~on.l or ~ronert~ loss or all----- '~t i, ~t~ Stop-work orders shall: · .. _ ~- of temnorarv oetm~ - ;(1) Be m writing; N ~ ~mrar, ermstassat for,.~- ~o~smote, , Or Code bemi.g on the ~o~d ~ ~._~ ,.-~.1 ava~ ~<~tab~,7.oaaw. a~- the Southotd Town Hall. $~. ' E-nockt~nd float f~e. Everyapplica. li~- or Co~!~l~orcement Officer shall m relaBon to Amemim~nls b ~ - .17.~.~-"~ _~ugh O - text rema~ ' q~d,~ 4~o cav~ the slop-work order, or ~ ,~-~ ~e .,~] a copy,ber.of.~o be ~ o. a.y or au citizens of the Town og South~d.:~,~l~ lic.~ md aotic~ ~ not.-mquirod der, penonally or by ~ mail and _[~27~-10 A I~rough J and'L- text re- same.] dock or by ~:a ramp alkiwing pe- fi~°~0s ..made ,ursuaat Pth~eeto, ~Yr ~ea~lulra; It any ~ seilleam~ paragraph, section, or part ~f this Local Law shah be adjudged by any com-t of competent jurisdiction to be invalid.~tbe judgment shall not ~ t~e validity of this law as ~ sO decided to be unconstitutlon. Town CodeO~i~er ~S0 (~ias),Towa of Son,hold; tbe,~ I~ublic hea~- in~ ~ be held by ~t~ Sb0T~iQLD TOW~ ZONiI~G;BOARD OF'~i than the code required 35 ft. rear yard, and (4) exceeds the code limitation of 20% lot coverage, at 130 Viil3ge Ln., Orient, NY. CTM$: 18-5~. dar La., (adjacent ~o Spring Pond) East ~ ~ LEWIS ~DSON ~ from Code Section 280-116 (B), based on al~ appli..c?!on for building permit tion of a farm stand, at 30105 Route 25. and the Building Inspector's OctOber ~ Cutcho§ue, l~Y. CTIvl#: 102-2-10. uile. rations to a single-family dwelling, 11 l~s than the code required bulkhead setback of 75 feet. at 3475 Wells Ave., Southold, NY. CTM#: 70-4~. 10:20 AM. JAY MANDELBALgM ~. Request for Variance from Code Section 280-13 and 280-105A. based on an application for building permit to build a tennis court on a vacant lot, and the Building Inspector's October 2, 2009, Amended Februaty 25, 2010 Notice of Disapprovalstating that thc use of a ten- ms court is not permitted on a vacant lot (without a principal dwelling) and the tennis court fence will exceed the code limit of 4 feet in height. Location of Property: 920 Kbuberly Lane, (North Bayview Rd. & Roxanne Rd.) Southold, NY; CTM g 70-13-20.15. (Paradise by the Bay subdivision) l~10 ~ NICOLAS deCROISSET ~ Request for variance from Code Sectio~ ~80-15, based on an application for building permit and the Building In- spector's September 23, 2009 Notice of Disapproval concerning a~-bmit accesso- ry shed, 1) at less than the fiede reqnired 35 foot front yardsetbeck, 2) location of accessory shed in the-side yard rather than a rear or fr66t yard, (adjacent to Great Peconic Bay) at 20 Third Street New Suffolk, NY, C'IM#: 117-10-19. l~r'~$ A.M. JULIEN & CLAUDIA RAMONE_tlt~'L?equests for varianc- es from Code'Secllons 280-122A & 280- 124, based on an application for building permit and the Building Irlsgector s No- vember 12. 2~9, Revised lq0v. 19, 2009 and Revised February 5, 2010, Notice of Disapproval. camcerning demolition and ' tion 280-15, based on an application for building permit and the Building Inspector's December I, 2009 Notice of Disapproval concerning accessory shed. 1) location of accessory shed in the side yard rather thfin code reqmred rear yard at 3190 Haywaters Rd., Cutchogue NY crMg: 111-11-13. septic systems, or sanitary wastewater chapter, or day on Which such violgfi~a occurs may new dwefling: (1) the'new construction is activitieS, including necessary site Work~ ~ : ~a~ WOrk that i~ i~nducted P.O. Box 11~9 constitute a sepathte, additional offense, proposed at leSs than the code-required on Southold, NY 11971-0959 and provided that such activity will not in a dangerous or unsafe manne~ in the [§ 275-16 B (1~ throu~a (6) - text re- 10 fee~ minimum on a single side yard ~74-1T 3/l~ have an undue adverse impact on the opinion of the Bay Constab e, ~ mains thc same.] wetlands and tidal waters of the Town· lllage~ or ~a~e Enforcement Officer, ~[~I11~3~ LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suttblk County, New York, on the 2"a day of February 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetland and Shoreline" 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 23rd day of March, 2010 at 7:35 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 Amendments to Chapter 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, and to protect the natural protective areas existing within the Town, it is necessary to make certain amendments to Chapter 275. These amendments are intended to support the protection of environmental features within the Trustees' jurisdiction, simplify the permit process, codify and clarify policies and strengthen enforcement. I1. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: ARTICLE 1 General Provisions § 275-4 Exceptions. [§ 275-4 A(1) through (3) and (5) through (11) - text remains the same.] A. The provisions of this chapter shall not require a permit for the following: (4) The ordinary and usual operations relative to residential horticulture within Trustees' jurisdiction provided they are limited to the use of noninvasive native species of vegetation. This exception does not include activity on a bluff. Re-grading and removal of trees are not considered such ordinary and usual operations. ARTICLE II Permits § 275-5 Permit procedures. [§ 275-5 B(1), B(2)(a) through (f) and (h) through (p) text remains the same.] B. Administrative permit. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in § 275-11. The Board of Trustees may consider operations for administrative review other than those listed below if the operations fall within the definition as set forth in § 275-5 B(1): (g) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks of less than 550 gallon capacity, fuel lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (q) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. C. Emergency permits. The Trustees may issue a temporary emergency permit where specific exigent circumstances exist that may result in personal or property loss or damage. Upon expiration of temporary permit or before the date of expiration, the applicant must apply for a permit as set forth in §§ 275-5,275-6 and 275-7. § 275-7 Fees. [§ 275-7 A through D and F - text remains the same.] E. Dock and float lee. Every application for a new dock or float shall include a fee equal to $3 per square foot cf !incar !cngth for residential and commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M 1 and M2. § 275-8 Processing of application. [§ 275-8 A through G - text remains the same.] Administrative permits. An administrative permit includes operations that are is deemed to have no ' ' ~ *~ ..... "~ ~ *:~ ....... adverse env~romnental impact ........................ '"~*~-~ ~, and a public hearing and notice are not required prior to issuance of a permit. The final decision will be made upon resolution. § 275-10 Contents of permit. [§275-10 A through J and L - text remains the same.] A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County ~ Pro?:gicg Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." § 275-11 Construction and operation standards. [§ 275-11 A, B(1)(a) through (b) and (d) through (m) - text remains the same; §275-11 C(1), (2)(a)[l] through [8] and [10] through 13 text remains the same.] B. Shoreline structures. C. In water. (2) Docks. (a)[9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, c,n the up!an~, not less than five feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. § 275-12.1. Stop-work orders. The Bay Constable, Zoning Inspector, or Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall issue a stop-work order to halt: (1) Any work that is determined by the Bay Constable, Zoning Inspector, or Code Enforcement Officer to be contrary to any applicable provision of this chapter, or: (a) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Bay Constable, Zoning Inspector or Code Enforcement Officer, without regard to whether such work is or is not work for which a Trustee permit is required, and without regard to whether a Trustee permit has or has not been issued for such work; or [§275-12.1 A(1)(b) - text remains the same.] B. Stop-work orders shall: (1) Be in writing; (2) Be dated and signed by the Bay Constable, Zoning Inspector, or Code Enforcement Officer; [§275-12.1 B(3) and (4) text remains the same.] The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified mail to the owner or permit holder and posting at the work site. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work order. [§275-12.1 D and E - text remains the same.] ARTICLE III Administration and Enforcement § 275-15. Coordination and enforcement. ] m The Director of Code Enforcement, Zoning Inspector, and/or the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter. The Director of Code Enforcement, Zoning Inspector, and Bay Constables have the authority to issue violations of this chapter. § 275-16. Compliance requirements; penalties for offenses. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector, or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs may constitute a separate, additional offense. [§ 275-16 B (1) through (6) - text remains the same.] (7) Other offenses. For an offense against any of the provisions of this Chapter not specifically designated above, a violator shall be subject to a fine of not more than $1,000.00. III. 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 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. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as Dated: February 2, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON March 11, 2010, 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 TC's Bulletin Board Trustees Town Board Members Building Department Town Attorney ZBA 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 ~Rc..~ , 2010, 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. Re: Wetlands 3-23-10 l~liz~beth ~. Neville'- Southold Town Clerk Swom before me this 1{ dayof 1~ , 2010. LYNDA M. ~ I~IOTARY PUBLIC, State of NewYo~ No, 01B06020932 Oualified in Suffolk Counl~ Term Expiree March 8, 20 ~, Page 1 of 1 Cooper, Linda From: Car~dice Schott [legals@timesreview.com] Sent: Monday, March 01, 2010 10:33 AM To: Cooper, Linda Subject: RE: Wetland PH 3-23-2010 Good morning Linda, I have received the legal and we are good to go for the 3/11 issue. Thanks and have a great Monday! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Monday, Flarch 01, 2010 9:29 AM To: Suffolk Times Legals Subject: Wetland PH 3-23-2010 Hi, Please confirm receipt of this Legal Notice of Public Hearing to be published in the 3/11/10 edition of the Suffolk Times. Thank you, Linda J. Cooper Deputy Town Clerk 3/1/2010 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.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 5, 2010 Re: Resolutions 2009 -158 & 59 regarding proposed Local Law in relation Amendments to Chapter 275, Wetlands and Shoreline. Thomas A. Isles, AICP Suffolk County Department of Pla~ing Post Offico Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: The Southold Town Board at their regular meeting on February 2, 2010 adopted the above resolutions. Certified copies of same are enclosed. Please prepare an official report defining the Planning Commissions recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. The date and time for the public heating is Tuesday, March 23, 2010 at 7:35PM Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~Eliz~eth A. N~vil~~f~ Southold Town Clerk Enclosures cc: Town Board Town Attorney 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 February 5, 2010 Re: Resolutions 2009 -158 & 59 regarding proposed Local Law in relation Amendments to Chapter 275, Wetlands and Shoreline. Martin Sidor, Chairman Southold Town Planning Board 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: The Southold Town Board at their regular meeting on February 2, 2010 adopted the above resolutions. Certified copies of same are enclosed. Please prepare an official report defining the Planning Commissions recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Department of Planning for their review. The date and time for the public heating is Tuesday, March 23, 2010 at 7:35PM Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~eville Southold Town Clerk Enclosures cc: Town Board Town Attomey Southold Town Board - Letter Board Meeting of February 2, 2010 RESOLUTION 2010-159 ADOPTED Item # 5.41 DOC ID: 5710 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-159 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 2, 2010: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed local law entitled "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline" to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and recommendation. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER-' Christopher Talbot, Councilman AYES-' Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated Febraary 3, 2010 Page 55 LL/AMENDMENTS TO CHAPTER 275 SUMMARY OF PROPOSED CHANGES The proposed Amendments to Chapter 275 that is the subject of tonight's public hearing include changes to allow applications to be considered for administrative review where appropriate, as well as codifying emergency "temporary" permits. Establishing SEQRA review where a large project may have an environmental impact, but has a marginal impact within Trustees' jurisdiction. Certain amendments include housekeeping items, clarifying Code language to comport with current practice, extending enforcement authority to the Zoning Inspector, as well as updating the Code to be consistent with current recommendations from the DEC. The complete proposed text amendments to Chapter 275 were made available at the Town Clerk's Office and on the Town's website at southoldtown.northfork.net. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. W/LCENSICI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED MEMORANDUM ~outhold Town Cled To: Scott Russell, Town Supervisor Members of the Town Board From: Martin Sidor, Planning Board Chairperson Members of the Planning Board Date: Re: March 19, 2009 Planning Board Comments on "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline" The Planning Board has reviewed the above referenced legislation and supports the amendments. Cc: Martin Finnegan, Town Attorney OFFICE LOCATION: Town t-Ial! Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell ~ Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: March 19, 2010 Re: A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney COUNTY Of SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING March 22, 2010 Town of Southold 53095 Main Road PO Box 1179 Southold, New York 11971 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Town of Southold Zoning Action: Amendments: "A Local Law in relation to Amendments to Chapter 275,Wetlands and Shoreline" Municipal File No.: Local Resolution No. 2010-159 S.C.P.D. FileNo.: SD-10-LD Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 25 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 A. Isles, AICP Director of Planning John H. Corral Planner JHC:jc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 22.2010.'d 1: 44AM 63z l~S~l~4~ $ C ?L~NINS DEPT NO, 5 9 6 P. 2~ Suffolk County Department of Planning Thomas A. Isles, Director P.O, Box $~00 Hauppauge, New York 1~788 (631.853.5~90) Fax: (631.853-4044) FAX TRANSMISSION COVER SHEET To: Lynn Krauza Fax ~: 765-6639 From; John Corral Date: 3/22/2010 Subject: SCFC Decision Letter R= Cha~ter 275 Amendments YOU SHOULD RECEIFE ~ PAGE(~), I~VCLUDING THIS COVER SHEET. IF Meaaage: Dear Lynn, Please find the above referenced Suffolk County Planning Commission decision letter. A hard copy of this letter is also being sent through the mail, Please feel free to contact me if you have any questions. Sincerely, John #9671 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 11th dayof March, 2010. ?~/)/~ /.~.. Principal Clerk Sworn to before me this day of 20tO. NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified in Suffolk County ~ ~ tho'~m Board of the ~ e~~ ~ will hold a pubhc I~1~I~ ~ the alor~said Local Law at time all interested persons will be ~iven The propo~ Locul Law entitled, "A lu~lUltdim ~o A~,-4ments ~o Ch~ter BE IT EI~kC~D by theTo~n Board of th~ Town of S~vthold as follows: cill~ms o~ tl~ Town of-Southoki, a~ ¢~g ~tl~n the To~, it is necessa~ clarify pnflcies and strengthen enforce- General l~evis~ms [§ 275-4 A(ll through (3) and (5) through (11) - text remains the same.] [~ 275-7 A through D and F- text re- mains the on properties ~e4 M1 ~. d M2. ministxative permit tic hearing and no~ reqnircd § 2~5-]~ Comen~ or req~ [o'pmv~cle evidence that a copy mmda~s. [§ 275-11 A. B(1)(a) through (b) and !.dl)~t~ugh (m)- text retu~, tlle ~a~,~:i27%~ll"C01,i2](a)[q t~dogh [si and [10] ~irough 13 - tex~ remains the same.] ' (1) Be in vaiti~g; (2) Be dated and signed by the Bay [§275-12.1 B(3) and (4)- text remains thc sam~] Z.~,or Code E~on~meut qulred~.io cause the stop-work order, or a ~py,thereof, to be sem~d pa aUl ff ~ ~, provided, howe~, ~at ~ailm~ considered such ordmary and vsuM 0p~. ta)l~li~U appacan~ ~o, ~,,,~,-~ merit 7aa§no lnnnector, or Bay ~n- e ' a~.~ n ~e foreshore s~ ~=~ ~ ~vc manumit ~ c~pl~ ~ a ~lt ~-~ ~ * ~~ P~ ~ issu~-~pfi~t t0 t'~s c~pter. [~ 275-5 B(i)~ ~rou~ (0 notlessthanfivefeetm~om, toenaoe and {h) tMough ~) - wxt rem~ns the ~ to p~s~d ~ ~ ~id provisions of t~s ~apt~ 0r any re~u~- d~ a ~ g~- ~ ~a ~tten noh~ or order ~m~tt. desm~ ~a~., ? ~ &f.'~Dk~ci0r 6~ C~e Enfor~ment, considered for ~trativc review, in A.The Bay Constable, Zonin~ lflsoec: ac co r da nee ~c wn:l~,So ,s~eot, f o~ al~v tot- 0r C°de Enf°rcement officer is au' in § Z75-1i. ' I ' :thorized to issue stop-work isnfers pur- ~ansider ooerattnns for administrative ~uant {cO this section. The Bay Constable, [~yiew other than tho~e llnted b~low d 7~,~nluo Inar~tur. or Code Enforcement the operations fall within the d~finition Of~cer shall issue a stoP-w¢~rk order to ~on removal, ruloca- ?(l)-:~my wm~ that is:d~tlkfincd bY (g) Thc d~noh ' . .~_ ~.. ~n=~Sble ~Z~in~T~sn~ctoL ltv. fuel tines, fuel dispensers, cesspools, trmy to any ~ppl~able proyi~inn of this a~;~i-,; [t, e~s, mclu~, n g necessary ate work, (~)~y wor~ th~ flr~ll~B ~onclucteu have an undue adverse impact on the opinion nf the ,Bay Covstable, ZOllUlg within the time fixed ~oX compliance therewith, the owner, ~cupant, builder, architect, conffactor or their agents or any other parson who commits, takes part or assistS in the commission of any such offegse or who shul~ fail to comply . with a,written order or notice of the Director of Code Enforccmetu, ~ InsPector. or Bay ~oasteble shall be sub- j~ci to the following fine schedule. Each day on whiCh such violation occurs may constitute a separate, additional offense. [§ 27546 B (1):through (6) - tex~:re- mains the same.] Southold Town Board - Letter Board Meeting of February 2, 2010 RESOLUTION 2010-158 ADOPTED Item # 5.40 DOC ID: 5709 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-158 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 2, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of February, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" 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 Hall, 53095 Main Road, Southold, New York, on the 23rd day of March, 2010 at 7:35 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 Amendments to Chapter 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, and to protect the natural protective areas existing within the Town, it is necessary to make certain amendments to Chapter 275. These amendments are intended to support the protection of environmental features within the Trustees' jurisdiction, simplify the permit process, codify and clarify policies and strengthen enforcement. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: ARTICLE 1 General Provisions § 275-4 Exceptions. [§ 275-4 A(1) through (3) and (5) through (11) - text remains the same.] A. The provisions of this chapter shall not require a permit for the following: Generated February 3, 2010 Page 50 Southold Town Board - Letter Board Meeting of February 2, 2010 The ordinary and usual operations relative to residential horticulture within Trustees' jurisdiction provided they are limited to the use of noninvasive native species of vegetation. This exception does not include activity on a bluff. Re- grading and removal of trees are not considered such ordinary and usual operations. ARTICLE II Permits § 275-5 Permit procedures. [§ 275-5 B(1), B(2)(a) through (f) and (h) through (p) - text remains the same.] B. Administrative permit. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in § 275-11. The Board of Trustees may consider operations for administrative review other than those listed below if the operations fall within the definition as set forth in § 275-5 B(1): (g) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks of less than 550 gallon capacity, fuel lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. C. Emergency permits. The Trustees may issue a temporary emergency permit where specific exigent circumstances exist that may result in personal or property loss or damage. Upon expiration of temporary permit or before the date of expiration, the applicant must apply for a permit as set forth in §§ 275-5,275-6 and 275-7. § 275-7 Fees. [§ 275-7 A through D and F - text remains the same.] Generated February 3, 2010 Page 51 Southold Town Board - Letter Board Meeting of February 2, 2010 Dock and float fee. Every application for a new dock or float shall include a fee equal to $3 per square foot zf ILncar !zng'~ for residential and commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8 Processing of application. [§ 275-8 A through G - text remains the same.] Administrative permits. An administrative permit includes operations that are is-deemed to have no adverse environmental impact zn the wet!anna: aha-. 5~a! wat~: .el t?.e T.~wn, and a public hearing and notice are not required prior to issuance of a permit. The final decision will be made upon resolution. § 275-10 Contents of permit. [§275-10 A through J and L - text remains the same.] Ko A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County D~a.%ment cf Rca'. Pr.~pert..ies Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." § 275-11 Construction and operation standards. [§ 275-11 A, B(1)(a) through (b) and (d) through (m) - text remains the same; §275-11 C(1), (2)(a)[1] through [8] and [10] through 13 - text remains the same.] B. Shoreline structures. C. In water. (2) Docks. (a)[9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, cn ~e ~:Flana-., not less than five feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. § 275-12.1. Stop-work orders. Generated February 3, 2010 Page 52 Southold Town Board - Letter Board Meeting of February 2, 2010 Ao The Bay Constable, Zoning Inspector, or Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall issue a stop-work order to halt: (1) Any work that is determined by the Bay Constable, Zoning Inspector, or Code Enforcement Officer to be contrary to any applicable provision of this chapter, or: (a) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Bay Constable, Zoning Inspector or Code Enforcement Officer, without regard to whether such work is or is not work for which a Trustee permit is required, and without regard to whether a Trustee permit has or has not been issued for such work; or [§275-12.1 A(1)(b) - text remains the same.] B. Stop-work orders shall: (1) Be in writing; (2) Be dated and signed by the Bay Constable, Zoning Inspector, or Code Enforcement Officer; [§275-12.1 B(3) and (4) - text remains the same.] Co The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall cause the stop- work order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified mail to the owner or permit holder and posting at the work site. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work order. [§275-12.1 D and E- text remains the same.] ARTICLE III Administration and Enforcement § 275-15. Coordination and enforcement. The Director of Code Enforcement, Zoning Inspector, and/or the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter. The Director of Code Generated February 3, 2010 Page 53 Southold Town Board - Letter Board Meeting of February 2, 2010 Enforcement, Zoning Inspector, and Bay Constables have the authority to issue violations of this chapter. § 275-16. Compliance requirements; penalties for offenses. ho It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector, or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. Bo For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs may constitute a separate, additional offense. [§ 275-16 B (1) through (6) - text remains the same.] (7) Other offenses. For an offense against any of the provisions of this Chapter not specifically designated above, a violator shall be subiect to a fine of not more than $1,000.002 III. 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 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. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski .lt., Councilman SECONDER: WJJ[Jc~m Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated February 3, 2010 Page 54