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HomeMy WebLinkAboutLL 2013 #01eosseJppy oj.oou~O),SOd Xdoo ,e,,,olsno ' GqON£~OS G£TT XO~ O~ G'ZOH~OS ~0 NMO£ O0~t-~OZ, ( LE~~"" 'sql SA gTL9EL06E 613 SOUTHOLO MPO SOUTHOLD, New York 119711000 3548330971-0098 02/05/2013 (800)275-8777 03:30:55 PM ~ Sales Receipt ~ Product Sale Unit Final Oescription Qty Price Price ALBANY NY 12231 $19.95 Zone-2 Express Mail PO-Add Flat Rate Env 3.20 cz. Label ~:EM390736718US Wed 02/08/13 12:00PM - Expected Delivery. Money Back Guarantee Signature Requested Paid by account: $19.95 EMCA number: 119294 TONN OF SOUTHOLO Issue PVI: $0.00 Total: $0.00 Paid by: Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other ~nformation call 1-800-ASK-USPS. Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. ************************************ ************************************ Bi11~:1000202039342 Clerk:02 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business ************************************ ************************************ HELP US SERVE YOU BETTER Go to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS mmm~mmmmm$~mmmmmm~mm~m~mm~m~m~m~m~mm m~mmmmm$~mm~mm~m~msmmmm~mmmm Customer Copy Rudder, Lynda From: Sent: To: Subject: Attachments: postmaster@town.southold.ny.us Wednesday, March 20, 2013 8:42 AM Rudder, Lynda Delivery Status Notification (Relay) ATT25009.txt; Local Law ATT25009.txt (22/, Local Law B) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. info~dos.ny.gov ANDREW M. CtJOMO 518-473-0730 NYSDOS MISC. STATE R STATE Of: NEW YORK DEPARTMENT OF STATE ONE GOMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 PAGE 01/01 CESAR A. PERALE$ March 20, 2013 Town Clerk RE: Town of Southold, Local Law 1 2013, filed on February 6, 2013 Dear Sir/Madam: The above referenced material was filed by this.office as indicated. Additional local law filing forms can be obtained from our website, www.des.n¥.qov. Sincerely, State Records and Law Bureau (518) 474-2755 ELIZABETH A. NEVILLE, MMC 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, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www. southoldtownny, gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD EM390736718US February 5, 2013 Express Mail Local Law No. 1 of 2013 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 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 1 of 2013 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. Verytruly yours, A 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. rn County [] City [] Town of rn Village SOUTHOLD Local Law No. I of the year 2013. A Local Law entitled, A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline Be it enacted the Town Board of the: Cl County [] City [] Town of [] Village SOUTHOLD 1. Purpose. The Town of Southold has the authority to administer a Coastal Erosion Management Program within its jurisdiction. One purpose of this chapter is to establish standards and procedures to protect natural protective features, expanding the definition to include wetland areas. Another purpose of this chapter is to regulate development activities in coastal areas subject to coastal flooding and erosion in order to prevent damage or destruction of natural protective features and other natural resources. Regulating how to calculate the building area with more specificity will aid in preventing unnecessary damage to the natural protective features and protect human life. A coastal erosion management permit is necessary for the installation of cable service landward of the shoreline structures, consistent to other similar services. Reference to Chapter 236, recognizes certain activities that require a coastal erosion management permit and also fall within the regulations of Stormwater Management. II. Chapter 111 of the Code of the Town of Southold is hereby amended as follows: §111-6. Definitions. ADMINISTRATOR -- The local officials responsible for administrating and enforcing this chapter. The Southold Town Board of Trustees is hereby designated as the "Administrator." The Administrator designates the Southold Town Police Department, Bay Constables and the Office of Code Enforcement as responsible for the enforcement of this Chapter. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rcv 05/05) LIVABLE FLOOR AREA -- All spaces within the exterior walls ora dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. MAJOR ADDITION -- An addition to a principal building resulting in a twenty-five-percent or greater increase in the building footprint of the principal building other than an erosion protection structure or a pier, dock or wharf. The increase will be calculated as the proposed livable floor area, including any additions to the principal building constructed as of the enactment date of this chapter, divided by the livable floor area of the existing principal building. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, primary dune, secondary dune, wetland or marsh and their vegetation. PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which said building is located. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; set up and maintenance of temporary wildlife protective structures; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. WILDLIFE PROTECTIVE STRUCTURES - Structures, temporary in nature, used for the sole purpose of protecting nesting and habitat of wildlife species. §111-10. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater and cable service. Systems installed along the shoreline must be located landward of the shoreline structures. § 111-11. Nearshore area. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas and requires a coastal erosion management permit. §111-12. Beach area. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-14. Bluff area. Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features. A. The following activities are prohibited on bluffs: (4) Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-25. Appeal to Board of Review. The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders. Notice of such decision will forthwith be given to all parties in interest. The rules and procedures for filing appeals are as follows: A. Appeals may be made only by the applicant in the underlying decision. B. Appeals must be filed with the Town Clerk within 30 days of the date of the adverse decision. C. All appeals made to the Coastal Erosion Hazard Board of Review must be in writing on standard forms prescribed by the Board. The Board will transmit a copy to the Commissioner of the New York State Department of Environmental Conservation for his information. D. All appeals must refer to the specific provisions of this chapter involved, specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims. §111-27. Coastal erosion management permit. A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 111-9), restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to: C. Permits will be issued by and bear the name and signature of the Administrator and will specify the: (5) Period of permit validity. If not otherwise specified, a permit will expire two years from the date of issuance. §111-29. Powers and duties of Administrator. The authority for administering and enforcing this chapter is hereby conferred upon the Administrator. The Administrator has the powers and duties to: E. Designate the Southold Town Police Department, Bay Constables, and/or the Office of Code Enfomement to enforce violations of this Chapter and notice of violations m-against property owners or to other responsible persons. III. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: Purpose. 3 In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. § 275-4. Exceptions. A. The provisions of this chapter shall not require a permit for the following: (10) Installation of new or replacement windows, roof shingles, solar panels, siding; or doors, on existing upland structures and second story additions that are made within the footprint of an existing upland, structure. § 275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Platforms. (a) Platforms associated with stairs may not be larger than 100 square feet. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (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.) 1 hereby certify that the local law annexed hereto, designated as local law No. 1 of 20 13 of the (Cz::n.~')(C~?~')(Town) (&q44a~) of SOUTHOLD was duly passed by the TOWN BOARD on January 29 ,20 13 , 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 by the on 20 ., and was (approvedXnot 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 of a 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.) l 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 ora 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 genera~ election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 1 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 1 , above. (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: February 4~ 2013 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law cont~h~ ?he~a[rect text and that all proper proceedings have been had or taken for the enactment of the local law annex,~to. '~ / Sign~ure Marti'fl-t~Flnnegan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTItOLD Date: February 4~ 2013 Southold Town Board - Letter Board Meeting of January 29, 2013 RESOLUTION 2013-90 ADOPTED Item # 5.4 DOC ID: 8496 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-90 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 29, 2013: WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefore be it RESOLVED the Town Board of the Town o£Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline" that reads as follows: LOCAL LAW NO. 2L 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town of Southold has the authority to administer a Coastal Erosion Management Program within its jurisdiction. One purpose of this chapter is to establish standards and procedures to protect natural protective features, expanding the definition to include wetland areas. Another purpose of this chapter is to regulate development activities in coastal areas subject to coastal flooding and erosion in order to prevent damage or destruction of natural protective features and other natural resources. Regulating how to calculate the building area with more specificity will aid in preventing unnecessary damage to the natural protective features and protect human life. A coastal erosion managcnnent permit is necessary for the installation of cable service landward of the shoreline structures, consistent to other similar services. Reference to Chapter 236, recognizes certain activities that require a coastal erosion management permit and also fall within the regulations of Stormwater Management. Generated January 30, 2013 Page 14 Southold Town Board - Letter Board Meeting of January 29, 2013 II. Chapter 111 of the Code of the Town of Southold is hereby amended as follows: {}111-6. Definitions. ADMINISTRATOR -- The local officials responsible for administrating and enforcing this chapter. The Southold Town Board of Trustees is hereby designated as the "Administrator." The Administrator designates the Southold Town Police Department, Bay Constables and the Office of Code Enforcement as responsible for the enforcement of this Chapter. LIVABLE FLOOR AREA -- All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. MAJOR ADDITION -- An addition to a ........ pnnc~pal bmld~ng resulting ~n a twenty-five- percent or greater increase in the ~'cmnd area coverage building footprint of the~..~...~'-'~"'~ principal building other than an erosion protection structure or a pier, dock or wharf. The increase will be calculated as the proposed livable floorarea e,. ..... ....... '~ ............. ~, ~,. .... ,,~ '~.v bc ~'~'~='~ including any additions to the principal building pmvioustS~-constructed ~ mm~,~a~at-~-~ as of the enactment date of this chapter, divided by the ~ Ii bl fl fth isti g ~ ~c._~ :_ ,,~+: ....... ~ ....... ~^.. pri ipal va e oor area o e ex n gm:emro, ...................... o ........... e. nc building. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, primary dune, secondary dune, wetland or marsh and their vegetation. PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which said building is located. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; set up and maintenance of temporary wildlife protective structures; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. Generated January 30, 2013 Page 15 Southold Town Board - Letter Board Meeting of January 29, 2013 WILDLIFE PROTECTIVE STRUCTURES - Structures, temporary in nature, used for the sole purpose of protecting nesting and habitat of wildlife species. §111-10. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater and cable service. Systems installed along the shoreline must be located landward of the shoreline structures. §111-11. Nearshore area. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas. An;,',.vrw...v..~--~;"^~ and ;;'il! requires__a coastal erosion management permit. §111-12. Beach area. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-14. Bluff area. Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source ofdepositional material for beaches and other unconsolidated natural protective features. The fbllowing activities are prohibited on bluffs: (4) Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-25. Appeal to Board of Review. The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders. Notice of such decision will forthwith be given to all parties in interest. The rules and procedures for filing appeals are as follows: A. Appeals may be made only by the applicant in the underlying decision. Generated January 30, 2013 Page 16 Southold Town Board - Letter Board Meeting of January 29, 2013 A.B~. Appeals must be filed with the Town Clerk within 30 days of the date of the adverse decision. t~.C~. All appeals made to the Coastal Erosion Hazard Board of Review must be in writing on standard forms prescribed by the Board. The Board will transmit a copy to the Commissioner of the New York State Department of Environmental Conservation for his information. G:.D__~. All appeals must refer to the specific provisions of this chapter involved, specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims. §111-27. Coastal erosion management permit. A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 111-9), restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to: Permits will be issued by and bear the name and signature of the Administrator and will specify the: (5) Period of permit validity. If not otherwise specified, a permit will expire two years from the date of issuance. §111-29. Powers and duties Of Administrator. The authority for administering and enforcing this chapter is hereby conferred upon the Administrator. The Administrator has the powers and duties to: Designate the Southold Town Police Department, Bay Constables, and/or the Office of Code Enforcement to enforce w.....~.....a ....~,,~-.......~.. nc, ticc of violations of this Chapter and notice of violations to-against property owners or to other responsible persons. III. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: Purpose. in order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these an~endments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. § 275-4. Exceptions. The provisions of this chapter shall not require a permit for the following: (10) Installation of new or replacement windows, roof shingles, solar panels, siding; or doors, on existing upland structures and second story additions that are made cn!y if additicns arc within the existing footprint of an existing upland, wetlands pc..'mitted structure. Generated January 30, 2013 Page 17 Southold Town Board - Letter Board Meeting of January 29, 2013 § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Platforms. (a) Platforms associated with stairs may not be larger than 3:2 100 square feet. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Sonthold Town Clerk RESULT: ADOPTED [4 TO 1] MOVER: William Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: William Ruland, Jill Doherty, Louisa P. Evans, Scott Russell NAYS: Christopher Talbot ABSENT: Albert Krupski Jr. Generated January 30, 2013 Page 18 SUMMARY OF PROPOSED AMENDMENTS TO CHAPTER 111- COASTAL EROSION HAZARD AREA - AND TO CHAPTER 275 - WETLANDS AND SHORELINE THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTER 111 OF THE TOWN CODE ENTITLED "COASTAL EROSION HAZARD AREAS," AND CHAPTER 275 OF THE TOWN CODE ENTITLED "WETLANDS AND SHORELINE." THE PURPOSE OF AMENDING CHAPTER 111 IS TO CLARIFY DEFINITIONS TO BE CONSISTENT WITH THE INTENT OF THE REGULATION, CODIFY DEFINITIONS OF COMMONLY USED TERMS, AND CODIFY EXISTING POLICIES AND PRACTICES. THE PURPOSE OF AMENDING CHAPTER 275 IS TO CORRECT A SCRIBNER'S ERROR IN THE RECENTLY ADOPTED AMENDMENT TO CHAPTER 275 AS WELL AS AMEND THE SIZE OF PLATFORMS ASSOCIATED WITH STAIRS TO BE CONSISTENT WITH THE OTHER PROVISIONS OF CHAPTER 275 AND CHAPTER 111. SPECIFICALLY, SECTION 111~ AMENDS OR CREATES THE FOLLOWING DEFINITIONS: ADMINISTRATOR, LIVABLE FLOOR AREA, MAJOR ADDITION, NATURAL PROTECTIVE FEATURE, PRINCIPAL BUILDING, UNREGULATED ACTIVITY, AND WILDLIFE PROTECTIVE STRUCTURES. SECTION 111-10 ADDS CABLE TO THE LIST OF SERVICES REQUIRING A CEHA PERMIT. SECTION 111-25 AMENDS AND LIMITS STANDING FOR APPEALS FROM DETERMINATIONS MADE BY THE ADMINISTRATOR TO APPLICANTS ONLY. SECTION 111-27 INCREASES THE PERIOD OF PERMIT VALIDITY FROM ONE YEAR TO TWO YEARS, WHICH WILL MIRROR THE TERM OF WETLANDS PERMITS. SPECIFICALLY, SECTION 275-4 CLARIFIES A PRIOR SCRIVENER'S ERROR TO EXEMPT FROM THE PERMIT PROCESS THE INSTALLATION OF WINDOWS, ROOF SHINGLES, SOLAR PANELS, SIDING OR DOORS ON EXISTING UPLAND STRUCTURES AND SECOND STORY ADDITIONS MADE WITHIN THE FOOTPRINT OF AN UPLAND STRUCTURE. SECTION 275-11 INCREASES THE ALLOWABLE AREA OF PLATFORMS ASSOCIATED WITH STAIRS FROM A MAXIMUM 32 SQUARE FEET, TO A MAXIMUM 100 SQUARE FEET. THE FULL TEXT Of THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSlTE. SUMMARY OF PROPOSED AMENDMENTS TO CHAPTER 111- COASTAL EROSION HAZARD AREA - AND TO CHAPTER 275 - WETLANDS AND SHORELINE THE PROPOSED LOCAL LAW AMENDS CHAPTER 111 OF THE TOWN CODE ENTITLED "COASTAL EROSION HAZARD AREAS," AND CHAPTER 275 OF THE TOWN CODE ENTITLED "WETLANDS AND SHORELINE." THE PURPOSE OF AMENDING CHAPTER 111 IS TO CLARIFY DEFINITIONS TO BE CONSISTENT WITH THE INTENT OF THE REGULATION, CODIFY DEFINITIONS OF COMMONLY USED TERMS, AND CODIFY EXISTING POLICIES AND PRACTICES. THE PURPOSE OF AMENDING CHAPTER 275 IS TO CORRECT A SCRIBNER'S ERROR IN THE RECENTLY ADOPTED AMENDMENT TO CHAPTER 275 AS WELL AS AMEND THE SIZE OF PLATFORMS ASSOCIATED WITH STAIRS TO BE CONSISTENT WITH THE OTHER PROVISIONS OF CHAPTER 275 AND CHAPTER 111. SPECIFICALLY, SECTION 111-6 AMENDS OR CREATES THE FOLLOWING DEFINITIONS: ADMINISTRATOR, LIVABLE FLOOR AREA, MAJOR ADDITION, NATURAL PROTECTIVE FEATURE, PRINCIPAL BUILDING, UNREGULATED ACTIVITY, AND WILDLIFE PROTECTIVE STRUCTURES. SECTION 111-10 ADDS CABLE TO THE LIST OF SERVICES REQUIRING A CEHA PERMIT. SECTION 111-25 AMENDS AND LIMITS STANDING FOR APPEALS FROM DETERMINATIONS MADE BY THE ADMINISTRATOR TO APPLICANTS ONLY. SECTION 111-27 INCREASES THE PERIOD OF PERMIT VALIDITY FROM ONE YEAR TO TWO YEARS, WHICH WILL MIRROR THE TERM OF WETLANDS PERMITS. Ix' , SPECIFICALLY, SECTION 275-4 CLARIFIES A PRIOR SCF~IBI~, ER S ERROR TO EXEMPT FROM THE PERMIT PROCESS THE INSTALI_~L~ON OF WINDOWS, ROOF SHINGLES, SOLAR PANELS, SIDING OR DOORS ON EXISTING UPLAND STRUCTURES AND SECOND STORY ADDITIONS MADE WITHIN THE FOOTPRINT OF AN UPLAND STRUCTURE. SECTION 275-11 INCREASES THE ALLOWABLE AREA OF PLATFORMS ASSOCIATED WITH STAIRS FROM A MAXIMUM 32 SQUARE FEET, TO A MAXIMUM 100 SQUARE FEET. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSlTE. SOUTHOLDTOWNBOARD PUBLIC HEARING January 15, 2013 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This heating was opened at 7:43 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 18th day of December, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 111~ Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline". 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 15th day of January, 2013 at 7:32 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 111~ Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 111~ Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. Amendments to Chapters 111 and 275 2 Januaw 15, 2013 The Town of Southold has the authority to administer a Coastal Erosion Management Program within its jurisdiction. One purpose of this chapter is to establish standards and procedures to protect natural protective features, expanding the definition to include wetland areas. Another purpose of this chapter is to regulate development activities in coastal areas subject to coastal flooding and erosion in order to prevent damage or destruction of natural protective features and other natural resources. Regulating how to calculate the building area with more specificity will aid in preventing unnecessary damage to the natural protective features and protect human life. A coastal erosion management permit is necessary for the installation of cable service landward of the shoreline structures, consistent to other similar services. Reference to Chapter 236, recognizes certain activities that require a coastal erosion management permit and also fall within the regulations of Stormwater Management. II. Chapter 111 of the Code of the Town of Southold is hereby amended as follows: §111-6. Definitions. ADMINISTRATOR -- The local officials responsible for administrating and enforcing this chapter. The Southold Town Board of Trustees is hereby designated as the "Administrator." The Administrator designates the Southold Town Police Department, Bay Constables and the Office of Code Enforcement as responsible for the enforcement of this Chapter. LIVABLE FLOOR AREA -- All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. MAJOR ADDITION -- An addition to a 3tracturc principal building resulting in a twenty-five-percent or greater increase in the gr~ta~a~q~m~ building footprint of the 3tFdcturc principal building other than an erosion protection structure or a pier, dock or wharf. The increase will be calculated as the proposed livable floor area gr-ound-ar~sa ~g~q~b~add~, including any additions to the principal building prz;Sc, ugly constructed undzr a zc, agtal zrc, gic~n managcrn~.t pz.-~nit as of the enactment date of this chapter, divided by the g~mdqa~qq~m~ livable floor area of the existing sWc.¢?arz, ~ defined in "existing ~tr.'.cturc" a~c~vc, principal building. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, primary dune, secondary dune, wetland or marsh and their vegetation. PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which said building is located. Amendments to Chapters 111 and 275 3 January 15, 2013 UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; set up and maintenance of temporary wildlife protective structures; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. WILDLIFE PROTECTIVE STRUCTURES - Structures, temporary in nature, used for the sole purpose of protecting nesting and habitat of wildlife species. §111-10. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater and cable service. Systems installed along the shoreline must be located landward of the shoreline structures. §111-11. Nearshore area. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas. Any ~:'~vc.g'it:.zn and w:.!! requires a coastal erosion management permit. §111-12. Beach area. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-14. Bluffarea. Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features. Amendments to Chapters 111 and 275 4 January 15, 2013 A. The following activities are prohibited on bluffs: (4) Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department o_f Environmental Conservation. §111-25. Appeal to Board of Review. The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders. Notice of such decision will forthwith be given to all parties in interest. The rules and procedures for filing appeals are as follows: A. Appeals may be made only by the applicant in the underlying decision. A.B_~. Appeals must be filed with the Town Clerk within 30 days of the date of the adverse decision. t~.C. All appeals made to the Coastal Erosion Hazard Board of Review must be in writ--ing on standard forms prescribed by the Board. The Board will transmit a copy to the Commissioner of the New York State Department of Environmental Conservation for his information. C~.D. All appeals must refer to the specific provisions of this chapter involved, specify the-~lleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims. §111-27. Coastal erosion management permit. A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 111-9), restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to: Permits will be issued by and bear the name and signature of the Administrator and will specify the: (5) Period of permit validity. If not otherwise specified, a permit will expire onc ycc-- two years from the date of issuance. §111-29. Powers and duties of Administrator. The authority for administering and enforcing this chapter is hereby conferred upon the Administrator. The Administrator has the powers and duties to: Amendments to Chapters 111 and 275 January 15, 2013 IlL Designate the Southold Town Police Depaflment, Bay Constables, and/or the Office of Code Enforcement to enforce Trangm:.t wr:.ttcn nc, t'~cc cf violations o__f this Chapter and notice of violations to-against property owners or to other responsible persons. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. § 275-4. Exceptions. A. The provisions of this chapter shall not require a permit for the following: (10) Installation of new or replacement windows, roof shingles, solar panels, siding; or doors, on existing upland structures and second story additions that are made only if add:.ticn~ are w~th~n the ........ ~, footprint of an existing ~ upland, ~ structure. § 275-11. Construction and operation standards. General. The fbllowing standards are required for all operations within the jurisdiction of the Trustees: (6) Platibrms. (a) Platforms associated with stairs may not be larger than 3:2:100 square feet. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Amendments to Chapters 111 and 275 January 15, 2013 6 I have several other documents from Mark Terry, LWRP coordinator. "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 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. This recommendation is made with consideration that proposed actions located within the coastal erosion hazard area will be reviewed and compliant with chapter 111 coastal erosion hazard area of the Southold Town code. The purposed of this code section is to regulate new construction or placement of structures in order to place them a safe distance from areas of active erosion and the impact of coastal storms. Similarly, policy 4.1 of the LWRP reiterates the purpose stating 'minimize losses of human life and structures from flooding and erosion hazards.' Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." I have also got another from Mark Terry, Principal Planner and LWRP coordinator "The proposed action has been reviewed to the New York State Department of Environmental Conservation regulation 6NYCCRR part 617 State Environmental quality review and it is my determination that pursuant to part 617.5c(27) the action as proposed is a type II action and therefore not subject to SEQRA review." I have a letter from Andrew Freleng and Sarah Lansdale of the Planning Department Suffolk County "Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be an action for local determination as there is no apparent county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval." And from Donald Wilcenski, chairman of the Southold Town Planning Board "The Planning Board has reviewed the local law in relation to amendments to Chapter Ill, coastal erosion hazard area and further amendments to chapter 275, wetlands and shoreline and supports the changes." I have a notice that it was published in the Suffolk Time on January 3, 2013 and that it was posted on the Town Clerk's bulletin board on December 19, 2012. And that is all. SUPERVISOR RUSSELL: Before we get started, I just want everybody to know that we have Trustee's Ghosio, Bergen and King with us tonight, I am sure they are available to answer questions if you have any. And at this point, I am going to let anybody that would like to comment on this proposed local law to please feel free to step forward. Pat Moore. PATRICIA MOORE: Before I begin, I do want to wish Mr. Krupski all the luck and I will be anxiously watching for the results. COUNCILMAN KRUPSKI: Thank you. MS. MOORE: I give you kudos for being here tonight, I am sure you are on pins and needles. I also want to extend, at least for the Board to, before I get into the law, I want to commend the Trustees that are here and certainly the entire Board with the amazing job Amendments to Chapters 111 and 275 January 15, 2013 7 that they have done in trying to help people that have gone through the storm damage. They have really extended themselves, they have worked very closely and well with the community and I know that everybody that has been affected is very appreciative of the job that they have done as well as the staff's job. I would urge the Board that in the future if we have anymore terrible, extensive damage as we have had recently, you know, this past time, consider moving some staffing to the Trustees office, to their workers, to help expedite the processing of permits because I know that it was very stressful, it was very difficult for the staff that was there. They did a remarkable job but in fairness to them, really that was beyond the scope of any one department to have to handle without extra help. So 1 would hope that you would consider that in the future. I can only say that they really did a wonderful job. I am here to address the chapter 111. The 275 changes appear to be the same as what was intended last time, so seem fine. The code revisions that you are proposing for 111 go far beyond the federal and the state requirements. 1 remember, I guess I am old enough, that I remember when the coastal erosion law came down from the federal to the state and then down to the town and the town adopted it with the guidance of the state. It was a significant law and it put significant restrictions on the redevelopment of homes. But the effort was to make it fair and the fairness was in allowing the expansion of homes, normal expansion of homes, about 25% on the ground cover area coverage was the intention by the federal and the state law to allow for the reasonable expansion of homes, the reality that as these old homes get reconstructed, replaced, that they are, they have to meet certain state building code requirements which changed the dimensions. So the law that was sent down and adopted by the town was carefully drafted. This change is a significant deviation from it and I will point out why. When you define the livable floor area and then you take, you use the livable floor area to determine what extent of expansion you are permitting. Let's say, and I will use North Sea Drive as an example. I am very familiar with that development so let's take one of the very few homes that are left that may be are the original cottages. I think that all of you would recognize if you went down North Sea Drive there are very large homes, year round homes, significant homes that have developed over the years. There are maybe a small handful of cottages that are probably at this point still in the family ownership, they have not turned over. Estates may have owned it and family members have carded on with the cottages. What you are doing is, let's take one of those cottages which is about 500 square feet, approximately. But most, if you go down there you probably wouldn't see many that are more than 500 square feet. You have eliminated the use of any decking, any enclosed porches into that calculation of the baseline square footage of a home that can be reconstructed. And let's say you are going to take that 500 square feet and add the permissible 10 percent, okay. Excuse me, 25 percent. I stand corrected. 25 percent on a 500 square foot house is 125. Add 500 to 125, you don't even meet the state building code standard for a single family dwelling. So there is reasoning behind the law as it was passed down and what you are doing here is you are so restricting the redevelopment of homes, take two examples. You get an example of a large home, less impact. The reality is you have got very small homes that would like to expand and eventually may want to expand. There may be family members that ultimately that property is ready to be sold. You have impacted the value of that property tremendously. Meanwhile, they look up and down the block and there are 2,000-3,000 square foot homes right next door to them and you are forcing a 500 square Amendments to Chapters 111 and 275 8 January 15, 2013 foot home to remain in that location. That to me would be inverse condemnation it is regulatory taking, maybe a court would disagree it is not regulatory taking because, well, we elect our officials and you can adopt anything that you want but the reality is you have to be fair. You have to look up and down the block and say wait a second. Take any one of those homes and use it as an example to see if it really is what you are trying to address. For example, North Sea Drive. The entire south side of North Sea Drive is in the coastal erosion area. The reality is with the Sandy storm, none of them were affected because they are 300 feet away fi.om Long Island Sound. The mapping of the coastal erosion area was done very generally and was intended to become more specific and more carefully revised over the years but like anything, it comes down, it gets adopted and nobody ever makes any effort to correct it or to even customize it to the particular area. So that is my major objection to this, to these revisions. The homeowners, in fairness, put yourselves, I don't know if any of you live in a home that is about 1,000 square feet but imagine if you were being told, well, you can't use your garage towards that 1,000 square foot calculation which most of us use when you are being when you are being taxed. They are taxing your garage, your enclosed porches, the whole bit. You are creating these artificial parameters that are so restrictive, so onerous. It upsets me to see people to have to live through this when again, look up and down the street. Overnight you are making changes that in fairness when people look around, they say wait a second. Why did all of a sudden the rules change for me when everybody else has beautiful homes? So that's my one criticism of that and I really hope you will consider my comments. A technical point which is appeal to the Board of Review, you have paragraph 8 says appeals may be made only by the applicant in the underlying decision. Why? ! can see a scenario where one of these properties is under contract, many times the buyer is given the burden of going for the permits. They don't want to buy a property obviously until they know that they have their permits that are going to be granted. So they are a contract vendee. Let's say the contract vendee that that person gets an adverse decision. Now what you are saying is well, the contract vendee made the application but the underlying property owner who is truly going to be affected in the long term and forever with whatever decision has come down on that application, you are saying appeals may only be made by the applicant in the underlying decision. It makes absolutely no sense. As a matter of law, the property owner has an absolute right to appeal. The contract vendee, arguably they are spending the money to go through the process. So that particular paragraph, sentence, doesn't make any sense to me and maybe nobody was thinking about the contractual requirements and how that might impact any permitting processes. Those are my comments, sometimes I feel like I am just here for the fun of it but I really hope you will consider it. the changes are not just minor changes adopting the rules that are already in place, you are really making major changes. I would suggest if you want to be productive in the 111, the coastal erosion law, look at the areas, customize the coastal erosion lines and go back to your buildable area definition because I told you this way back when and it is still on the books and is still causing problems, if you have a house as in the example of North Sea Drive or any of the properties were the road becomes the coastal erosion line and you have homes on the seaward side of that road, our buildable land definition means that anything you do there is non-conforming. Anything you do there requires, is a 100 percent lot coverage issue. That is not the intent. It doesn't make sense and it just creates these obstacles and the Amendments to Chapters 111 and 275 9 January 15, 2013 Zoning Board has to deal with it and address it and let me tell you that their position is they have to follow what the rules are with variances and they shouldn't be giving any variances. They give the minimal variances. Well, if you have ovemight created a whole community that is now within the coastal erosion area, you are creating a particular properly that needs 100 percent variance on the lot coverage issues. That is something that should have addressed right from the beginning when you adopted buildable areas definition, it is still on the books and it's still creating problems. Because you have used the buildable area definition but you still have the lot coverage, the side yard setbacks, rear yard setbacks, all this setbacks as if the entire property is applicable and the reality is that you might have 1/10th of your property that is buildahle but you have got setbacks as if it is a 5 acre piece on a 1 acre buildable area. So those are legitimate reasonable things to be looking at and addressing. This is just more regulation, more taking of property rights and invoking restrictions that are just layered upon layered upon layered of restrictions. I don't know who is asking you to do all this but really, enough. Enough government regulation. You are giving me a lot of job security but it is not pleasant. It is very frustrating. So, thank you. COUNCILMAN TALBOT: One comment. You know we can't customize the coastal erosion hazard line. MS. MOORE: Oh, yes you can. Absolutely you can. COUNCILMAN TALBOT: That is why they pulled away the review from the village of Quogue because they were allowing these structures southward or seaward of the coastal erosion hazard line and they pulled away all of their review of it. MS. MOORE: No, no. What I am suggesting is... COUNCILMAN TALBOT: You are putting the community at risk if you do that. MS. MOORE: No, that is not the case. What I am talking about is, I know what you are saying, if you are granting variance after variance on the coastal erosion law, then yes, that's the fed/state government program, the flood insurance programs, they start looking at the management of the town and the variances. Yes, to that extent. What I am talking about is, it is a re-mapping program where you are taking the particular areas and you are identifying whether or not they are truly coastal erosion issues. You have North Sea Drive has absolutely zero erosion, okay? that is not an erosion area whereas you go up further west, Mattituck you have the bluffs. There you are talking about erosion, so the erosion line makes sense. So when the law was put on the books and the map was done it's, you know, the typical big magic marker line that's a 25 foot line when you are, you know, the magic marker equates to 25 feet, okay? the intention was and if you talk to Eric Star or any of the guys that manage the FEMA programs, they will be the first ones to tell you that there are procedures you can actually, the community can go in, the homeowners can go in and seek re-mapping and reevaluation of the coastal erosion lines, the flood lines as well. Amendments to Chapters 111 and 275 10 January 15, 2013 COUNCILMAN TALBOT: Have you seen it done? COUNCILMAN KRUPSKI: One time in Orient. A homeowner appealed, it was just east of the causeway. And we went out there and looked and it was clear that the line was way off. We had Eric Star come out and .... COUNCILMAN TALBOT: One property. COUNCILMAN KRUPSKI: What's that? COUNCILMAN TALBOT: One property. MS. MOORE: Well, it is a difficult process. COUNCILMAN KRUPSKI: Yes, one property, a small section. Maybe it was more than one, it wasn't many more than one. COUNCILMAN TALBOT: And that couldn't be determined in house? COUNCILMAN KRUPSKI: No, no. They had to look at it. MS. MOORE: No, no. It takes some effort. It is not a simple process. COUNCILWOMAN DOHERTY: And it has to be approved by the state. MS. MOORE: Pardon me. COUNCILWOMAN DOHERTY: It has to be approved by the state. MS. MOORE: Yes. Absolutely. COUNCILWOMAN DOHERTY: We have to appeal that to the state and the state makes the decision, not us. MS. MOORE: Exactly. Well, it is kind of a joint venture and .... COUNCILWOMAN DOHERTY: We can request it. MS. MOORE: You can request it. COUNCILWOMAN DOHERTY: But we have no say in whether it is going to happen or not. MS. MOORE: No. But not doing it doesn't help anybody. And there are communities that would be very helped by correcting it. you know, the coastal erosion law is fine, it works great if you don't have an entire house in it, okay? once you have your entire Amendments to Chapters 111 and 275 11 January 15, 2013 house in the coastal erosion law, it is just a disaster to try to repair houses, reconstruct houses, do anything to the house. And Scott, you were in the Assessor's office, I can just imagine that over time, arguably you put these kind of regulations on the homes, I would be the first one to the Assessor's office to say wait a second, look at this, they just limited me to a 120 square foot expansion max on my property. You can't, my tax bill doesn't jive given the regulations, limitations you have imposed on me. So you know, I really would urge, work together, we are not, I am not saying throw out coastal erosion law. It makes sense in the right circumstance. And any time you want to, I would be happy to give you any information I have on re-mapping. Always happy to help, you know .... COUNCILMAN TALBOT: Also, your property is not taxed on what you may be able to do with it. MS. MOORE: Well, that is not true. The fair market value is based on what you can do with it. You know, when I, let's say you and I are both, as an example, I will look at a house and it is you know, it has a beautiful view, it is on the water. The house is so so but the potential for the renovation of that house on the beautiful site, well that house is worth something on the market. The way you assess is based on fair market value. COUNCILMAN TALBOT: Based on improvements to the property. MS. MOORE: Pardon me? COUNCILMAN TALBOT: Improvements to the property. MS. MOORE: No, it is not based on improvements. SUPERVISOR RUSSELL: It is actually a combination of two factors. The fair market value of the land combined with the construction value of the home. MS. MOORE: Exactly and the potential for, will it raise the fair market value. I mean, if you have two properties and one is limited in its redevelopment and one is not, you know... SUPERVISOR RUSSELL: I wish the assessment process were as (inaudible) MS. MOORE: No, it is complicated but it is not a, it is not as Mr. Talbot states. Okay. SUPERVISOR RUSSELL: Okay. Does anybody want to address any of those issues? JOHN BETSCH: John Betsch, Southold. I really only have one question, it is really either to the Trustees or the Town Board, is why? Why are you changing this now? Why didn't, you know, if you are reducing the denominator, it is really hypothetically a take away. Why are we now changing it from ground area to livable area? What was the rationale? I am just trying to understand it. If somebody could answer it. Amendments to Chapters 111 and 275 12 January 15, 2013 SUPERVISOR RUSSELL: Does a Trustee want to address this? MR. BETSCH: There has to be a rationale why you are changing it, if you are changing it. BOB GHOSIO: Bob Ghosio, Southold Town Trustee. To address the issue, we have had, we have been working on this for years now. This was the next logical step from when we did the refinements to Chapter 275. At the same time that we were working on that going back to 2007, we were also trying to address this, to bring everything into a little bit more of a workable formula between the two codes. Obviously we go this one which you have to deal with where we were the administrators for a state code plus our own wetlands code. As far as this one particular item that you are discussing, this went through a variety of different formulations as time went on but we were finding and correct me if I am wrong, what we were finding was that some of the expansions in the applications that were coming across that were in the coastal erosion zone, were getting larger and larger as they were coming in. what we found was that when you looked at some of these projects, some of these projects had been additioned before. So we were finding new applications for additions on things that have already been increased in recent years or in the last 20 years. There was nothing in the code that said that we, when we used the old formula, you could continue to increase every year using the existing footprint. So what we said was well, okay, there has got to be some kind of a limit to that. and you know, every time you come in and you make application, you can increase your 25%. Well, 25% of 1,000 today is a whole lot more when you do another one 5 years from now, 25% of 1,250 and it becomes incrementally larger and larger and being a permitted, a possible permitted addition in the coastal erosion zone. What we wanted to do was reign some of that in. Talking about North Sea Drive for example, you have got houses there now that the shadow that they cast on the neighbors is ridiculous, they are not even getting sun. I mean, you have got homes on North Sea Drive and say Rabbit Lane for example, where they are lined up next to each other with nothing but a shadow in between. I don't think that was something that the coastal erosion was really intending on allowing to happen and something we need to come across more and more as we address these applications and this was our way of trying to address that. Whether or not it is the perfect way to do it, I don't know. I am open to discussion like anybody else, that is why we are here. But that was the intent as far as I recall. JIM KING: Jim King from the Trustees. I think some of the issue is I think the term structure was used to increase the area by 25%. And what was happening was we were using patios, walkways and everything on the property as the structure. So you take 25% of that, is much more than the 25% increase of the actual structure itself, the house would be. And that is what we are trying to get away from and that is why this was defined as the living area. SUPERVISOR RUSSELL: Pat? COUNCILMAN KRUPSKI: So if you, just to comment on that. so what you are saying is, if you had a house and you excluded the breezeway and the garage, I am sorry, the Amendments to Chapters 111 and 275 13 January 15, 2013 existing house with a breezeway and garage and you excluded t he breezeway and garage from your calculation, you could build a house 25% larger but keep the breezeway and garage. You still have that. So you wouldn't eliminate that. MS. MOORE: Well, I understand their point and I don't disagree that the thought process in the ordinance actually was a cumulative square footage over the years since coastal erosion and it can be written that way but what my concem is, the way it is written now is that those that have not had any kind of coastal erosion applications, that are essentially the original properties, are going to be completely dwarfed, completely stopped from redeveloping their property anywhere close to their neighborhood. So you are penalizing the little guy because of the big guy, when in fact it would he very simple to address the code in that way and I understand Jim and I understand what they are saying which is if they have already received expanded, let's come up with some minimum calculations. Let's say that if they, the livable floor area exceeds a certain number, okay, but you have small homes, you have 1,200 square foot homes, anywhere from 500 to 1,200 square foot homes are very modest homes. And that's where those people would be most affected because, you know, it is a percentage. 25% of that is insignificant. So maybe it needs some working, the livable floor area, this ratio just....when you are doing this, when you are adopting laws, take both extremes. See if the little guy is going to be affected more so even than the issue that you are really trying to address, which is the exponential increase of large homes which is what I think Jim is mentioning. You know. If that is what you are trying to address, write it that way. But what is written now really doesn't do it. COUNCILWOMAN DOHERTY: Pat, the 500 square foot homes that you are talking about are the summer cottages .... MS. MOORE: Yes. COUNCILWOMAN DOHERTY: ...that are in the communities that were meant to be summer communities and now what is happening is these people are making them year round houses, the land is too sensitive to be year round in most cases. So the 500 square foot homes are summer homes, not to be meant to be used year round. They can apply for and make it year round but you know .... MS. MOORE: I am not so sure .... COUNCILWOMAN DOHERTY: You are not talking about the normal size house, like a 1,200 square foot house or larger, the small tiny little cottage, like I am thinking Rabbit Lane and you know, they are not meant to be 8,000 square foot houses. MS. MOORE: Oh, no but if, we have other provisions in the code that put the limitations on it. COUNCILWOMAN DOHERTY: Right. Amendments to Chapters 111 and 275 14 January 15, 2013 MS. MOORE: You have got setbacks, you have got lot coverage, you have got so many other parameters .... COUNCILWOMAN DOHERTY: Right. MS. MOORE: That are being used to shrink the size of the home. For example, Rabbit Lane. Good luck in trying to get the town, the Zoning Board to give you an 8,000 square foot house on a 50 by 100 lot. That is not going to happen. But it is addressing problems one way when you have got multiple layers that can address it and control it. if the property was so sensitive, for example North Sea Drive is my easiest example, Bombara finally got his approval, okay? That community, if it was so sensitive, it never should have been developed, it should have been condemned. If that is the situation, condemn the property. Don't condemn it on somebody's back. It is not fair for, imagine you being the person who owns that little house to suddenly have your financial security affected because the town doesn't want to spend the money to condemn if they feel so strongly that the property is too sensitive to be developed. You know, I, there are very few areas in town that if in fact they were so sensitive, buy them. COUNCILWOMAN DOHERTY: I am not saying too sensitive to develop but to develop to that extent. MS. MOORE: But I am not saying, I am not saying carte blanche 25 % of an 8,000 square foot home, I think what was being done at the time was yeah, let's call, structure, ground floor area was being used because alright, let's count up the ground floor area maybe it adds up to at most 1,000 square feet and we are now at you know, 25% over that. so that, those were the numbers that were being applied and it was kind of a numbers crunching game because you were you know, just trying to get through the coastal erosion law which was so onerous in and of itself that you had to come up with the careful language that gave you the ability and gave the Trustees the ability to issue the permits because the Trustees themselves were constrained to allow for construction that didn't meet the coastal erosion guidelines. So, you know, it has been working. It works so far and if the problem is that the large homes you want to put a, stop them from getting any bigger, okay, write it in. COUNCILWOMAN DOHERTY: Well, there also is case law. I don't have the exact law with me right now that shows that the state does not consider decks as part of the structure of a house, in an expansion under coastal erosion. So this kind of.... MS. MOORE: But they would consider garages and breezeways and enclosed porches. Right? COUNCILWOMAN DOHERTY: I don't know, I would have to read that case law. MS. MOORE: Yeah, yeah, no, I think it would because applicable floor area. Amendments to Chapters 111 and 275 15 January 15, 2013 COUNCILWOMAN DOHERTY: A judge said that decking is not included in the livable space of the house, you can't include that in the expansion. MS. MOORE: Right. COUNCILWOMAN DOHERTY: Calculations. So it is kind of going with other parts of the state code and we have talked ..... MS. MOORE: Well, that is fine, I mean .... COUNCILWOMAN DOHERTY: And the ZBA was consulted on this as well. MS. MOORE: Oh, I am sure the ZBA was, I think that, one of my cases was North Sea Drive that probably generated that opinion. You know, the reality of whether that was legitimate or not, it didn't go to appeal, I don't know, you know. That is a matter of a judges opinion. Fine. Everybody lived with it but the reality is that you have done a lot more than just say decking isn't included. You know, you pretty much identified only the bare bones living area of the house as the livable floor area when in fact you may have, particularly summer cottages and the rest, you may have a lot of additions and annexes that create extra living space and would certainly be entitled to that 25%. That has been taken away by this. LILLIAN BALL: Lillian Ball, Southold town. I am here to commend you for increasing the vigilance with which you pay attention to the shoreline. Because I stood there, the morning of Sandy and I watched lots of North Sea Drive go right out to see. The bushes and the grasses are planning on staying there but they were eroded. We had erosion all the way down, I watched my neighbors come within inches of their houses being flooded. I watched Goldsmiths Inlet, the primary dune, go out to sea with A1 standing there on the corner, sort of saying wow, this is something. This is real. Those houses that are being built there, many of them are too big. The mistakes that are being made in the past, we don't want to make them again. I remember when both A1 and Jill were on the Trustees and they had that picture of the giant house on Leeton Lane, which was lot line to lot line. This is not the Hamptons. We don't want the Hamptons. We want respect for our shoreline. And those small houses, many of those people are very happy to have their small houses. They just don't want to be living in the shadow of those big houses. It is a very, very sensitive area. The erosion that has happened, I have lots of pictures I can show you all up and down the whole length of the interdunal swale area between Horton's Point and Goldsmiths Inlet. I think it is really important that you do limit that size. I am very, very happy to be here speaking in support of these rules because I think we have to draw the line in the sand. We have to draw the line in the sand. There are certain things that can't keep happening there. And just because there are big houses there now doesn't mean that every lot line to lot line has to be filled with houses that are not in the character in the neighborhood and not necessarily what the people in the neighborhood want. Some of those people like their smaller houses. They just don't want to be dwarfed. So I would ask actually a couple of questions about the exemptions, how you are looking at the exemptions. I am just wondering what that specifically this Amendments to Chapters 111 and 275 16 January 15, 2013 one, the unregulated activity. I am just curious why that is written in that way? As those are things that, coastal erosion hazard doesn't generally regulate those kind of issues. Is that the case? COUNCILWOMAN DOHERTY: Yes, that is exempt under this chapter. MS. BALL: Because it is more chapter 275? COUNCILWOMAN DOHERTY: Right. Or DEC handles it. Wildlife and, right now if we don't add this, set up and maintenance of temporary wildlife protection, that means that people that are setting up for piping plovers have to come get a coastal erosion permit to set up for that. MS. BALL: Yeah, that is definitely not what we want. Not what we want. So and the structure, all the language regarding wildlife structures I think is pretty good. But I don't see any way that you can limit the situation because you know those people will be coming back in front of the Trustees and saying, oh, you know, my deck blew away and if I need to have a new deck built and if it is three times as big as it was the time before, these storms are not going away. They are not fluke occurrences and I think sea level rise, you can just see it, in the 10 years I have lived in Kenney's beach, you can see it. Those bluffs are not, those dunes are not recovering. They are going back. They are retreating. And the houses that are there, the people who renew their, you know, who get building permits to do redevelopment as Pat likes to call it, are in many cases really cutting off their noses to spite their face. Those houses have to be moved back and the lots are small. The lots are tiny. We don't want to be like the Rockaway's. Look at what happened to the Rockaway's. Were they could borrow a cup of sugar fi.om the neighbor without even going outside. Just sticking their hand out the window. It's not the character of Southold, nor is it the way to protect our coastlines. So I am very happy to see that the rule is being clarified in such a way so that it does make people think twice. Thank you. MR. BETSCH: I am sorry. Being very familiar with North Sea Drive, there have been several statements that have been made that I have to correct, if you will. Bob, as far as houses on North Sea Drive within the coastal erosion line blocking the sun of other houses, untrue. There is none like that. Jill, your comment about the fact that 500 square foot houses are meant to be summer homes only, when someone has a piece of property that is approaching $1,000,000 in value, those people have a right to be able to build more than a summer house. So I, the fact that they should stay summer houses as .... COUNCILWOMAN DOHERTY: I didn't say they should stay, I just said that when they were first constructed, that's what their idea was, to be summer houses. They have every right to come in and expand, I didn't say they shouldn't, I am just, right now they do but we need to say that they can't expand to the extent where they are overkill on the whole neighborhood. Amendments to Chapters 111 and 275 17 January 15, 2013 MR. BETSCH: Okay. The way it came across was wrong. And as far as Lillian, the area that you are talking about is actually behind the coastal erosion line. All those houses down on Leeton, they are on the south side of the coastal erosion line. Has nothing to do. As far as the storm, since the Sandy storm, North Sea Drive has grown in sand. Yeah, when the storm came down on the 12:00 fide, every log and every tree from Orient was on our beaches. By the 12:00 tide took them all away, sent them to City Island and the beach grew. So if you are familiar with North Sea Drive, it's a little different. Leeton where the coastal erosion actually part of North Sea Drive, the coastal erosion line changes and some of those large houses are also behind the coastal erosion line. So you have to be very familiar with that area to talk about it. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this local law? Anybody? COUNCILMAN KRUPSKI: Just as, being familiar with the law over the years and listening to all the comments, it just seems like the Trustees are trying to clarify exactly what would be livable floor area and then subject to the 25% expansion and I know experiencing, struggling at some times with trying to determine what could be used in that 25% expansion I know has been a challenge. And don't forget, you have that, what the Trustees determine what the livable floor area is and what you can expand and then you have the appeals process and some of this here have gone through the appeals process, you follow the rules, you appeal to the Town Board and then you see, you know, that's what it is there for. There is a safety net there. SUPERVISOR RUSSELL: Anybody else like to comment on this? COUNCILMAN KRUPSKI: And I did ask Martin about that other item that Pat brought up, about only the applicant being the only person able to appeal. In that case, Martin said that the applicant would really be the agent of the owner and so in that case, the owner would also be able to appeal because more or less considered legally the same person. COUNCILWOMAN DOHERTY: Can we clarify that? SUPERVISOR RUSSELL: The intent is to invest more property right into the owner so that a neighbor that doesn't want you to build can bring a grievance before this Town Board and try to stop you, which is not fiction, it has been attempted in the past. The idea here is that your appeal comes right to the Town Board as the applicant and the affected party. Period. MS. MOORE: That is what you are intending. Okay. TOWN ATTORNEY FINNEGAN: Can I? SUPERVISOR RUSSELL: Yes. Amendments to Chapters 111 and 275 18 January 15, 2013 TOWN ATTORNEY F1NNEGAN: I just wanted to confirm for the record that all of these amendments were arrived at following extensive review by the DEC and the Department of State and we would not have been able to notice this law had it not been approved and been determined to be consistent with the intent of the state law. So there should be no question as to that. SUPERVISOR RUSSELL: Okay, thank you. Would anybody else like to comment? (No response) This hearing was closed at 8:29 PM Southold Town Clerk FOR TH E ~_~AST END RECEIVED January 28, 20~3 dAN 2 9 2013 Supervisor Scott Russell and Members of the Southold Town Board Town of Southold P.O. Box 1179 Southold, NY 1197Z Southold Town de.l~ Re: Local Law in Relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas Dear Supervisor Russell and Members of the Town Board: On behalf of Group for the East End, I would like to submit the following comments regarding the proposed amendments to Southoid Town Code Chapter 1~.1, Coastal Erosion Hazard Areas. Group for the East End strongly supports the proposed law and advocates for its passage. The clarification and further defining of the definitions, "livable floor area" and *major addition" (Section Zl1-6) help to ensure that the chapter's purpose is implemented appropriately. We agree with the Town that these changes help to, "aid in preventing unnecessary damage to the natural protective features and protect human life" within the Coastal Erosion Hazard Area's boundary. More and more scientific evidence points to the inevitability of sea-level rise and the related occurrence of increasingly drastic storm events, which jeopardize these near shore areas. In the face of this reality, it is entirely appropriate to exercise caution and take demonstrable steps to ensure that lands within the Coastal Erosion Hazard Areas are carefully and mindfully reviewed while planned for development. These amendments help to effectively demonstrate this caution and provide much needed clarity regarding the rules for redevelopment in the CEHA boundaries. Thank Vou for taking the time to review my comments. Please contact me should you have any questions. I can be reached at (631) 765-6450 ext.211 or at jhartnageh~ easte ndenvironment.org. Sincerely, / ,~renn Hartnagel Sr. Environmental Advocate Cc: President Jim King and the Southold Town Trustees Page 1 of 1 Cooper, Linda From: Sent: To: Subject: Importance: Neville, Elizabeth Tuesday, January 29, 2013 12:25 PM Cooper, Linda (LindaCooper@town.southold.ny.us) FW: Letter re: Proposed Amendments to Chapter 111 High Attachments: Chapter111CEHA.pdf; ATT54066.htm Please print this out and bring 9 copies to me. Thanks. From: Jennifer Hartnagel [mailto:jhartnagel@eastendenvimnment.org] Sent: Tuesday, January 29, 2013 10:10 AH To: Neville, Elizabeth Subject: Letter re: Proposed Amendments to Chapter 111 Hello Ms. Neville, Can you please include the attached letter re: Chapter 111 into the public record? I believe there is a public hearing on the matter later this evening. Thank you, Jenn Hartnagel 1/29/2013 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLLA~I J. CREMERS KENNETII L. EDWARDS JAMES II. RICII III M~RTIN II. SIDOR 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 MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: January 15, 2013 Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further 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. This recommendation is made with consideration that proposed actions located within the Coastal Erosion Hazard Area will be reviewed and compliant with Chapter 111 Coastal Erosion Hazard Area of the Southold Town Code. The purpose of this code section is "to regulate new construction or placement of structures in order to place them a safe distance from areas of active erosion and the impact of coastal storms". Similarly, Policy 4.1. of the LWRP reiterates the purpose stating; "Minimize losses of human life and structures from flooding and erosion hazards." 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 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair V~ILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM 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 d;~)! I 5 ?:9!3 To: Scott Russell, Supervisor Members of the Southold Town Board/ -,./ From: Mark Terry, Principal Planner LWRP Coordinator Date: January 15, 2013 Re: A Local Law entitled, "A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline". The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5C(27), the action, as proposed, is a Type II action and therefore not subject to SEQRA review. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joaone Minieri Deputy County Executive and Commissioner RECEIVED JAN Southold Town Clerk Division of Planning and Environment January8,2013 Town of Southold P.O. Box 1179 Southold, New York 11935 Attn: Elizabeth A. Neville, Clerk Applicant: Zoning Action: Local Law No.: Public Hearing Date: S.C.P.D. File No.: Town of Southold Amendments: Chapter 111, "Coastal Erosion Hazard Area;" Chapter 275, "Wetlands and Shoreline" 2012-930 & 2012-931 1/15/13 SD-13-LD Dear Clerk Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 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. A decision of local determination should not be construed as either an approval or disapproval. APF:mc Very truly yours, Sarah Lansdale Chief Plan!er · H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY. 4th FI I P.O, BOX 6100 · HAUPPAUGE, NY 11788-0099 · (63t) 855-5t91 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED JAN 9 20]2 To: From: Date: Elizabeth A. Neville, Town Clerk Donald Wilcenski, Chairman, Planning Board January 8, 2013 Southold Town Clerk Re: "A Local Law in relation to Amendments to Chapter 1111 Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline". The Planning Board has reviewed "A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline" and supports the changes. cc: Scott Russell, Supervisor Members of the Town Board #10993 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), successfully commencing on the 3rd 3rd day of JanuaryI 2013. Sworn to before me this LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2012. a Local Law entitled "~ Loewi Law in relation to Amendments to Chapter 111. Coaslal Erosion Hazard Areas and Town of Southold is hereby amended as §111-6. Definltinns. ADMINISTRATOR __ The local of- ficials responsible for administrating and enforcing this chapter. The Southold fown Board of Trustees is hereby des- Ignated as the "Administrator." The Administrator desi heresY, he Southold Town Police De artment Ba Con- stabl~ and the Office of Code Enforce- ment as res onsible for the enforcement LIVABLE FLOOR AREA -- All ~erior wails of a dweg- unheated orche cella heater roonls and a roved basements ravin a win- dow area of leu than 10% of the s uare foot area of Ire room. Usable floor area sha~ include all s aces not otherwise ex- cl.u.ded above such as hnci al room utdit room bathroom all closets and ~.... dire~tl into an rooms wit[fin the dwel~ day of Principal Clerk ¢~L / "%-~--- 2013. 'i NOTARy PUBLIC-SfATE OF NEW YORK No. 01 VO6105050 Qualified in Suffolk County My Commission Expires February 28, 201¢ MAJOR ADDITION -~ An addition to a structure orincioal buildine result- ing in a twenty five-percent or greater I)uildine footorint of the ~t, .ct~rc ~ cipal buildint other than an erosion an~ Imp~mentation of practices will not r°te~abitat of wildlife §Ill-10, Structural hazard area. The following restsictions apply tr regulated activities within structure permit is required for the insta la ion oJ public service d stribu0on, transmission or collection systems for gas, electricity Systems installed along the shoreline must be located landward of the shore- §111-11. Nearshore area. lent or slightly larger grain size is the only material which may be deposited ~ wiPt requires a coastal erosion man- agement permit. §111-12. Beach area. C. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wild- life management activity approved, in A coastal erosion management per- mit will be issued for regulated activities which comply with the general standards are reqmred~'tor h~l operanons w hm he jurisd etlon ol the Trustees: (6) Platforms. (a) Platforms associated with stairs may not be larger than 3~ 100 square feet. -- IV. SEVERABILITY If any clause, sentence, paragraph~ section, or part of this Loca[ Law shall be adjudged by any corot of c mpe tnt jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other hen the part so decided to be uncons itu on al or inva d. V. EFFECTIVE DATE This Local Law shall take effect m mediately upon filing with the Secretary of Slate as pro 'ded by law. Dated: Decela~ 19. 2012 :, BY ORDER OF ~ '~HE TOWN BOARD OF ] HEqFOi~/N OF SOUTHOLD Elizabeth A. Neville Town Clerk Page I of 1 Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Wednesday, December 19, 2012 2:37 PM To: Cooper, Linda Subject: Re: Chapters 111 and 275 - 1-15-13 Hi Linda, We are §ood to §o for the 3rd. Thanks and have a very very happy holiday yourself! :) Candice From: <Cooper>, Linda <Linda.Cooper~town.southold.n¥.us> Date: Wednesday, December 19, 2012 12:1.5 PM To: tr-legals <legalsOtimesreview.com> Subject: Chapters 111 and 275 - 1-15-13 Good afternoon, Please confirm receipt of the attached Legal Notice for publication in the January 3, 2013 edition of the Suffolk Times. Thank you. Have a wonderful holiday! Icoop 12/19/2012 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being dulyswom, says that on the /tfi~t dayof t)~C~ .,2012, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: PH Re Chapter 111 and 275 1/15/13 Sworn before meAhis ~0 dayof ~_~0/~./~9~2012. ' Notary ~i~ BO~NIEJ. go~ Public, State Of ~ew Yo~ ~0. 0100~0~5328 Suffolk C~ lerm Exp res July 7, 20~ Linda J. ~ooper Deputy Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 111~ Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline". 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 15tb day of January, 2013 at 7:32 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 111v Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 111v Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town of Southold has the authority to administer a Coastal Erosion Management Program within its jurisdiction. One purpose of this chapter is to establish standards and procedures to protect natural protective features, expanding the definition to include wetland areas. Another purpose of this chapter is to regulate development activities in coastal areas subject to coastal flooding and erosion in order to prevent damage or destruction of natural protective features and other natural resources. Regulating how to calculate the building area with more specificity will aid in preventing unnecessary damage to the natural protective features and protect human life. A coastal erosion management permit is necessary for the installation of cable service landward of the shoreline structures, consistent to other similar services. Reference to Chapter 236, recognizes certain activities that require a coastal erosion management permit and also fall within the regulations of Stormwater Management. II. Chapter 111 of the Code of the Town of Southold is hereby amended as follows: §111-6. Definitions. ADMiNISTRATOR -- The local officials responsible for administrating and enforcing this chapter. The Southold Town Board of Trustees is hereby designated as the "Administrator." The Administrator designates the Southold Town Police Department, Bay Constables and the Office of Code Enforcement as responsible for the enforcement of this Chapter. LIVABLE FLOOR AREA -- All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. MAJOR ADDITION An addition ~*~"~+ .... ' ..... -- to a .........principal building resulting in a twenty-five-percent or greater increase in the g~ungmi'~e~m~ building footprint of the str'acturc principal building other than an erosion protection structure or a pier, dock or wharf. The increase will be calculated as the proposed livable floor area ground area cq~'mg~Mm-a4d~, including any additions to the principal building ..... ~ .... ~-, constructed "-a ....... ,~ ....~ ........... , ~;, ............................ ~ ........ v ....... as of ~e enactment date of this chapter, divided by the grcnnd area coverage livable floor ~ea of the existing :trgctgre, NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, primary dune, secondary dune, wetland or marsh and their vegetation. PRiNCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which said building is located. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; set up and maintenance of temporary wildlife protective structures; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. WILDLIFE PROTECTIVE STRUCTURES - Structures, temporary in nature, used for the sole purpose of protecting nesting and habitat of wildlife species. §111-10. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater and cable service. Systems installed along the shoreline must be located landward of the shoreline structures. §111-11. Nearshore area. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas. ....^ ~-,j ~r ~ .... ........ ;*~ ..... and requires_~a coastal erosion management permit. §111-12. Beach area. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-14. Bluffarea. Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features. A. The following activities are prohibited on bluffs: (4) Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department Environmental Conservation. §111-25. Appeal to Board of Review. The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders. Notice of such decision will forthwith be given to all parties in interest. The rules and procedures for filing appeals are as follows: A. Appeals may be made only by the applicant in the underlying decision. A.B_~. Appeals must be filed with the Town Clerk within 30 days of the date of the adverse decision. B.C~. All appeals made to the Coastal Erosion Hazard Board of Review must be in writing on standard forms prescribed by the Board. The Board will transmit a copy to the Commissioner of the New York State Department of Environmental Conservation for his information. C~.D__~. All appeals must refer to the specific provisions of this chapter involved, specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims. §111-27. Coastal erosion management permit. A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 111-9), restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to: Permits will be issued by and bear the name and signature of the Administrator and will specify the: (5) Period of permit validity. If not otherwise specified, a permit will expire om~fea~ two years from the date of issuance. §111-29. Powers and duties of Administrator. The authority for administering and enforcing this chapter is hereby conferred upon the Administrator. The Administrator has the powers and duties to: Designate the Southold Town Police Department, Bay Constables, and/or the Office of Code Enforcement to enforce .......................... zf violations o_f this Chapter and notice of violations to-against property owners or to other responsible persons. II1. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. § 275-4. Exceptions. A. The provisions of this chapter shall not require a permit for the following: (10) Installation of new or replacement windows, roof shingles, solar panels, siding; or doors, on existing upland structures and second story additions that are made cn!y :c ~,~;~; ...... ithi th ~ fo tp i f .............. w n e o rnto an ex~st~ng ............. an upland, wet!~n~s v ......... fl structure. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Platforms. (a) Platforms associated with stairs may not be larger than 3-3 100 square feet. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: December 19, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk Please publish on JANUARY 3~ 2013 and forward one (1) affidavit of publication to Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold, NY 11971. Copies to the following: The Suffolk Times TC Bulletin Bd Town Board Members Web site Town Attorney Bd of Trustees ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 18, 2012 Re: Resolution Numbers 2012- 930 & 931 'A Local Law in Relation to Amendments to Chapter 275, "Wetlands and Shoreline" of the Town of Southold. Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 1:~971 Dear Mr. Wilcenski: The Southold Town Board at their regular meeting held on December 18, 2012 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 7:32 PM, Tuesday, January 15, 203.3. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours,  eville ~ Southold Town Clerk Enclosures cc: Town Board w/o enclosures Town Attorney w/o enclosures ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December ~.8, 2012 Re: Resolution Numbers 2012 - 930 & 931 "A Local Law in relation to Amendments to Chapter 275, "Wetlands and Shoreline" of the Code of the Town of Southold Andrew P. Freeling, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on December 18, 2012 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Board for their review. The date and time for this public hearing is 7:32 P.M., Tuesday, January 15, 2013. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold Town Clerk Enclosures cc:Town Board w/o enclosures Town Attorney w/o enclosures RESOLUTION 2012-931 SCHEDULED DOC ID: 8413 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-931 WAS SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 111~ Coastal Erosion Hazard Areas~ and Further Amendments to Chapter 275~ Wetlands and Shoreline" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and report~ Elizabeth A. Neville Southold Town Clerk RESOLUTION 2012-930 SCHEDULED DOC ID: 8412 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-930 WAS SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 111~ Coastal Erosion H~zard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline". 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 15th day of January, 2013 at 7:32 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 111~ Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town of Southold has the authority to administer a Coastal Erosion Management Program within its jurisdiction. One purpose of this chapter is to establish standards and procedures to protect natural protective features, expanding the definition to include wetland areas. Another purpose of this chapter is to regulate development activities in coastal areas subject to coastal flooding and erosion in order to prevent damage or destruction of natural protective features and other natural resources. Regulating how to calculate the building area with more specificity will aid in preventing unnecessary damage to the natural protective features and protect human life. A coastal erosion management permit is necessary for the installation of cable service landward of the shoreline structures, consistent to other similar services. Reference to Chapter 236, recognizes certain activities that require a coastal erosion management permit and also fall within the regulations of Stormwater Management. II. Chapter 111 of the Code of the Town of Southold is hereby amended as follows: §111-6. Definitions. Resolution 2012-930 Board Meeting of December 18, 2012 ADMINISTRATOR -- The local officials responsible for administrating and enforcing this chapter. The Southold Town Board of Trustees is hereby designated as the "Administrator." The Administrator designates the Southold Town Police Department, Bay Constables and the Office of Code Enforcement as responsible for the enforcement of this Chapter. LIVABLE FLOOR AREA -- All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. MAJOR ADDITION -- An addition to a struct~rz principal building resulting in a twenty-five- percent or greater increase in the ~ad~r~w~ building footprint of the otra principal building other than an erosion protection structure or a pier, dock or wharf. The floor area gr .............. ~ .......... , increase will be calculated as the proposed livable .... '~ ............. including any additions to the principal building pmvioust-,pconstmcted ~ management Fc-."'nit as of the enactment date of this chapter, divided by the ~ livable floor area of the existing ~'~" ..... '~"~'~: ......:~:~ ~* ........ "~' ........ , ...................... ~ ............... principal building. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, primary dune, secondary dune, wetland or marsh and their vegetation. PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which said building is located. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; set up and maintenance of temporary wildlife protective structures; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. WILDLIFE PROTECTIVE STRUCTURES - Structures, temporary in nature, used for the sole purpose of protecting nesting and habitat of wildlife species. §111-10. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: Updated: 12/18/2012 2:00 PM by Linda Cooper Page 2 Resolution 2012-930 Board Meeting of December 18, 2012 A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater and cable service. Systems installed along the shoreline must be located landward of the shoreline structures. §111-11. Nearshore area. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas.-qMO4epositi~m and w:.!! requires a coastal erosion management permit. §111-12. Beach area. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-14. Bluffarea. Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features. A. The following activities are prohibited on bluffs: (4) Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-25. Appeal to Board of Review. The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders. Notice of such decision will forthwith be given to all parties in interest. The rules and procedures for filing appeals are as follows: A. Appeals may be made only by the applicant in the underlying decision. ~.B. Appeals must be filed with the Town Clerk within 30 days of the date of the adverse decision. B.C. All appeals made to the Coastal Erosion Hazard Board of Review must be in writing on standard forms prescribed by the Board. The Board will transmit a copy to the Commissioner of the New York State Department of Environmental Conservation for his information. Updated: 12/18/2012 2:00 PM by Linda Cooper Page 3 Resolution 2012-930 Board Meeting of December 18, 2012 G:.D~. All appeals must refer to the specific provisions of this chapter involved, specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims. §111-27. Coastal erosion management permit. A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 111-9), restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to: Permits will be issued by and bear the name and signature of the Administrator and will specify the: (5) Period of permit validity. If not otherwise specified, a permit will expire two years from the date of issuance. §111-29. Powers and duties of Administrator. The authority for administering and enforcing this chapter is hereby conferred upon the Administrator. The Administrator has the powers and duties to: Designate the Southold Town Police Department, Bay Constables, and/or the Office of Code Enforcement to enforce T ......................... cf violations of this Chapter and notice of violations to-against property owners or to other responsible persons. III. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold~ while balancing the rights of property owners, it is the purpose of these amendments to simplit~, the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. § 275-4. Exceptions. A. The provisions of this chapter shall not require a permit for the following: (10) Installation of new or replacement windows, roof shingles, solar panels, siding; or doors, on existing upland structures and second story additions that are made e,n!y if add~t~zn: arc within the c,x[:t~ng footprint of an existing ~ upland, v.~mads~[ structure. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: Updated: 12/18/2012 2:00 PM by Linda Cooper Page 4 Resolution 2012-930 Board Meeting of December 18, 2012 (6) Platforms. (a) Platforms associated with stairs may not be larger than ~2:100 square feet. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk Updated: 12/18/2012 2:00 PM by Linda Cooper Page 5