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HomeMy WebLinkAboutLL-1985 #04II. LOCAL LAW NO. 4 · 1985 A Local Law in relation to building set-back requirements on lots adjacent to Water Bodies & Wetlands BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underline; deletions..by [brackets]). Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: I. Article Xl thereof (General Requirements) is amended by adding a new section thereto, to be section 100-119.2, to read as follows: Section 100-119.2 - Buildin_~._set-back from water bodies and wetlands ~n another rovisions of this ch s__e~ t~r, the following to water~ .... , ~Ju~om_.~gs located on lots adjacent nas: A. Lots adjacent to Lonc.) Island Sound. (1) All b~cated on lots adjacent to kon Island Sound, shore or beach, s rom ~ of such bluff or an (2) Except as otherwise nrovi,~o,~ ~ ...... ~' u 'n subdivision A{1) hereof ~11 __ be set-back not less than 100 feet from the mean water mark~ B. ~~ed on lots adjacent to tidal water bodies other fr°m~ch tidal water bod, or ~ less than 75 and, C. AI_~I~ on lots adjacent to any fresh be set-back not less ~-6-a~~~resn.water hod shall wetland~ ............. ,,d~u e, lge ot the fre-shw~'~r whichever is greater. This Local Law shall take effect upon its filing with the Secretary of State. Date: 5/6/85 Dear Sir/Madam: Please be advised that Local Law(s) No. 4,5 and 6 of 1985 of the Town c~f .qo~ f~h,~ cl was/were received and filed on /'/]/g ~ Additional forms for filing local laws with this office will be forwarded upon NYS Department of State Bureau of State Records 3836o2-oo4(12/a2) (Please Use this Form for Filing your Local Law with the Secretary of State) Tex{ of taw shuuld be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. c::r of ...... ................................................................................................ Town · Local Law No ................. ~ ....................................... of th~ year 19 _...8.,5.~... in relation {~o buil,.d, ing set-back A local law '"~'/4'~l"~'~Yi~'fi'ff~:' .......................... ~'~'~';i~]i ' Be it enacted by the .: ........ .T..o.w.o..~.oi~.~g[ .................................................................................................. of the ~'-- Southold ~"~ of ............................................................................................................................................................. as follows: To wa :._:._ [additions indicated by underline; deletions by [brackets]}. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: I. Article XI thereof (General Requirements) is amended by adding a new -' ~ section thereto, to be section 100-119.2, to read as follows: Section 100-119.2 - Building set-back from water bodies and wetlands Notwithstanding any other provisions of this chapter, the following] set-back requirements shall apply to all buildinc~s located.on lots adjacent to water bodies and wetlands: A. Lots adjacent to L0nc~ Island Sound. [1) All buildings located on lots adjacent to Lon9 Island Sound, and upon which there exists a bluff or bank landward of the shore or beach, shall be set-back not less than I00 feet from the top of such bluff or bank. [2) Except as otherwise provided in subdivision A(1) hereof, all buildings located on lots adjacent to Lon~ Island Sound shall be set-back not }ess than 100 feet from the ordinary hi,Ih water mark of Lon~ Island Sound. Bo All buildings located on lots adjacent to tidal water bodies other than Long Island Sound, shall be set-back not less than 75 feet from the ordinary high water mark of such tidal water body, or not less than 75 feet from the landward eddie of the tidal wetland, whichever is greater. All buildings located on lots adjacent to any freshwater body shall be set-back not less than 75 feet from the edc~e of such water body, or not }ess than 75 feet from the landward eddie of the freshwater wetland, 'whichever is ~reater. II. This Local Law shall take effect upon its filing with the Secretary of State. ,[~{l~(If additional s~ace is needed~ ~lease attach sheets of the same size as this and number each)'~ (Comphqe the certification inthc paragraph which applies to thc filing of thi~ local law and strike out the matter therein wlfich is not applicable.) (Final adoption by Meal legislative Imdy only.) I hereby certi~ythat the local law annexed hereto, designatedaslocak law No...~ .............. of ~9..~.. o~ (~ o~;....Sau.thold ............. was duly passed by ~he Town Board on ........ MaCG.D..26 .................. tg..a5., in acco~ance with the applicable provisions of law, (Passage by local legislative body with approval or no disapproval by Elective Cbicf Executive Officer,* or re passage after disapproval.) I hereby certify that the local law annexed hereto, designatedas local law No ..................... of 19 ........ County City of the Town of ..................................... was duly passed by the .................................................................................. (Nam~ of Legi~latiw Body} Village not disapproved on ................................................. 29 ...... :; and was approved by the ....................................................... repassed after disapproval Electfv~ Chief Ex~eutiw Offic~ and was deemed duly adopted oD ..; ..................................................... 19 ........ , in accordance with the applicable provisions of law. (~Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19~ ......... County of the City of ...................................... was duly passed by the .................................................................. ~ ....... :]'.7. ....... Town (Nam~ of Legi~la,lvc Body) Village not disapproved on ................................................... 19 ....... and was approved by the ............................................................... repassed after disapproval Elective Chief Executive Officer '* on ...................................................................... 19. ........ 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 general thereon at the special election held on ...................................................... 19 ......... in accordance with the appli- annual cable provisions of law. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19. ......... County City of the Town of ...................................... was duly passed by the ................................................................................ on (Name of Legislative Body) Village not disapproved ...................................................... 19 ........ and was npproved by the ........................................................ on repassed after disapproval Elective. Chi,.f Ex~cutiv. Officer · .............................................................. 19 ......... Such local law being subject to a permissive referendum and no valid petition reqt,esting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ........ , in accordance witli the applicable provisions of law. *Elective Chief Executive Officer mean~ or tnctudez the chief executive officer of a county elected on a county-wide bash or, ff there be none, the chairraan of the county legislative body, the mayor of a city or vtllage or the ~upervisor of a town, where ~uch officer is vested with power to approve or veto local l~w~ or ordinaneez. Page (Cit) local law conc. eraing Charter rc~i~lon proposed hy petition.) I h~,rcb~ ceni£x llm~ th~.lo~ :,l ! m ..:mcx.,l hereto, designated as local law No ..................... of 19 ........ of the City of ......................................................................... ha sin~ been submitted to referendum pursuant to the ~36 ~ · · provisions of 3'/ of d~,~ ~.umc pal II..,ilte [{ule Law,and Laving received the affirmative vote of a majority special of the qualified electors of such city voting thereon at the general election held on ........................ ~. ........ ................ 19 ............ became operative. 6. (County local law concerning adoption of Charter.} I hereby certify that the local law annexed hereto, designated as Lodal Law No ....... of 19 ...... of the County of ......................................... State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and. 7 of Section 33 of the Muni- cipal 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 of a majority of the qualified electors of the towns of said county considered as a unit voting at said general electiou, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) ~ I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct ti'anscript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ..... ~ ...... .1. .............. above. ~k of the County legislative body, City. Tow~'Vill~e Gl~rk or of~c~r dcsigna~d by local legislative body B~ : March 27, 1985- te JudLth T. Terry, Town Clerk (Seal) (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 ...... $.U. EEQLK ......................... I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. .... .R.o.b.e.r.t..W....T.a.s.k..e.r, .T. 9.w.n. At.t.or.n.e.y. ...... Title Date:March 27, 1985 Ce'_'.q'ty"* of ....... ...................................... Town Page 3 PUBLIC HEARING SOUTHOLD TOWN BOARD March 12, 1985 8:10 P.M. IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW IN RELATION TO BUILDING SET-BACK REQUIREMENTS ON LOTS ADJACENT TO WATER BODIES & WETLANDS. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran -I'own Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is a proposed Local Law in relation to building set-back requirements on lots adjacent to water bodies & wetlands to be read by Councilman Stoutenburgh. COUNCILMAN STOUTENBURGH: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of November, 1984, a Local Law entitled, "A Local Law in relation to building set-back requirements on lots adjacent to Water Bodies and Wetlands," which reads as follows, to wit: "BE ~T ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets]). "Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: I. Article XI thereof (General Requirements) is amended by adding a new section thereto, to be section 100-119.2, to read as follows: Section 100-119.2 - Buildin~l set-back from water bodies and wetlands Notwithstanding any other provisons of this chapter, the following set-back requirements shall apply to all buildings located on lots adjacent to water bodie-~ and wetlands: A. Lots adjacent to Lon~l Island Sound. (1) All buildings located on lots adjacent to Long Island Sound, and upon which there exists a bluff or bank landward of the shore or beach, shall be set-back not less than 100 feet from the top of such bluff o~' ~ank. Be (2) Except as otherwise provided in subdivision A(1) hereof, all buildinoj,. located on lots adjacent to Long Island Sound shall be set-back not less than 100 feet from the mean high water mark of Long Island Sound. All buildings located on lots adjacent to tidal water bodies other than Lor..j Island Sound, shall be set-back not less than 75 feet from the mean high water mark of such tidal water body, or not less than 78 feet from the landward edge of the tidal wetland, whichever is greater. Page .2 - Public Hearing Local Law - Building Set-back C. All buildings located on lots adjacent to any freshwater body shall bM set-back not less than 75 feet from the edcje of such water body, or not less than 75 feet from the landward eddie of the freshwater wetland, whichever is ~reater. I1. This Local Law shall take effect upon its filing with the Secretary of State. Copies of said Local Law are available in the Office of the Town Clerk to any interested persons during business hours. NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, I~lew York, on the 12th day of March, 1985, at 8:10 o'clock P.M., at which time all interested persons will be heard. Dated: February 26, 1985~ Judith T. Terry, Southold Town Clerk:' I have a affidavit that The Long Island Traveler-Watchman published this and I have an affidavit from The Suffolk Times. I have correspondence from the Suffolk County Planning Board dated March 1st: "Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval." I also,have a letter from the Planning Board, Town of Southold, dated February 8th to Judy Terry: "Re: Local Law in RElation to Building Setbacks. Dear Mrs. Terry: The following action was taken by the Planning Board, Monday, February 4, 1985. Resolved that the SOuthold Town Planning Board concur with the resolution of December 3, 1984 that the above proposed Local Law be amended with the following revisions: 1. Change ordinary high water to mean high water which will have to be defined in the zoning and wetland regulations (Chapter 97 - Section 97-28)~ 2. Ref- erence what datum mean high water is to be plotted to, using one of the datum that is acceptable, ie. US Coastal and Geological. If you have any questions, please don't hesitate to contact our office." Signed by Bennett Orlowski, Jr., Chairman. I have no other correspondence in this file. SUPERVISOR MURPHY: Thank you, Paul. You've heard the official reading of the notice of this proposed Local Law. Anyone in the audience here would like to speak in favor? Ruth? RUTH OLIVA, President, North Fork EnvirOnmental Council: We certainly wish to endorse this new law. We think it will help to clarify what has been a rather muddy situation as to where a wetland starts or ends or where a building should be. So we endorse this. Thank you. SUPERVISOR MURPHY: ~l'hank you. Jean? JREAN TIEDKE, League of Women Voters: As you know we supported the Wetlands Ordinance way back in the early seventies. In fact at that time--there, s nobody on the Board now from those old days, but the Leaque went out and in three days got a petition witl~ over 900 signatures on it and it l~urned the tide, because one of the Councilmen had said he was against it but when he saw all those petitions he said, "Okay, I'll vote for it." We've had it ever since. We frequently also urge the Town to support efforts on the Coastal Zone protection, on our ponds and our lakes and our freshwater and saltwater wetlands. All of these are of utmost importance in the preservation of our sole source groundwater. They are also unique, easily damaged and almost impossible to repair. These amendments to the Town Zoning Code I think are long overdue, but we're very happy to welcome them. Page .3- Public Hearing Local Law - Building Set-back SUPERVISOR MURPHY: Thank you. COUNCILMAN STOUTENBURGH: Jean, you understand that we have located those on a map for the DEC. MRS. TIEDKE: Yes, I know. COUNCILMAN STOUTENBURGH: They will not be enacted until there is a public hearing so everyone can understand about them. MRS. TIEDKE: The new maps? COUNCILMAN STOUTENBURGH: The new maps, right. MRS. TIEDKE: Yes, but this applies to all maps, right? I hope. COUNCILMAN STOUTENBURGH: Oh, yes. Oh, absolutely. SUPERVISOR MURPHY; Okay, is there anyone else would like to speak in favor of this proposed Local Law? (No response.) Anyone like to speak in opposition to this proposed Local Law? (No response.) Anyone like to make any comments at all? MR. GEORGE SCHROEDER: Yes, I would. I'm one of the Schroeder brothers. We own property in East Marion, 470 feet on the Sound. I have a picture here that shows a high tide, full moon and then the bank. We've owned the property over 35 years. The bank has never been disturbed. We've never had any erosion on the Sound at that particular place since we've owned it or maybe a hundred years before we owned it. If you have the 100 foot setback from the top of the bluff, we would be way over 300 feet from the high tide, full moon mark, and I'd like to submit a picture. Maybe we're one of the lucky ones, but we've never had any erosion there at all. SUPERVISOR MURPHY: You certainly are lucky. MR. $CHROEDER: I was a crane operator in Mattituck, unloading barges for two years--unloading barges for Gotham Sand and Gravel. We never had any trouble getting barges in that inlet until they messed around with the jetties down in Levon Properties and there's no way you could get a barge in there today. When they built that jetty in Peconic you saw what happened in Kenneys Beach. Thank God nobody's built a jetty in East Marion. SUPERVISOR MURPHY: Make sure they don't. MR. SCHROEDER: But I think it would be totally unfair. I would agree to a bank-- the beginning of the bank line and then back a hundred feet. But that bank up there slopes at least 75 feet and then to move it back 100 feet would be ridiculous. Like I say, you have to look at each individual location. I grant there are places that you go down and the wind is blowing 25 miles per hour and it's a high tide you can sit there and watch the erosion. SUPERVISOR MURPHY: That's for sure. Thank you. Page 4 - Public Hearing Local Law - Building Set-back COUNCILMAN STOUTENBURGH: Mr. Schroeder, could I ask you a question? In reference to this photograph, and not being familiar with the area, you would not be able to build in this Iow bank area anyway. MR. SCHROEDER: No. You're talking about 100 feet behind the top. Well look how far--- COUNCILMAN STOUTENBURGH: I understand what you're saying, but this would be--you're not thinking of utilizing this area at all? MR. SCHROEDER: No. What I would say, draw your 100 feet from the beginning of this bank. SUPERVISOR MURPHY: From the toe itself? MR. SCHROEDER: Yes. COUNCILMAN STOUTENBURGH: This is a unusual case, that's for sure, along that Sound area. MR. SCHROEDER: This is an unsual case, that's for sure. SUPERVISOR MURPHY: About how much of an area is it? MR. SCHROEDER: 470 feet. SUPERVISOR MURPHY: No, I mean I'm sure it doesn't start and stop at your border. MR. SCHROEDER: Well, I don't know of any erosion--- SUPERVISOR MURPHY: A thousand, two thousand? MR. SCHROEDER: As far as the golf course. SUPERVISOR MURPHY: This last storm they had a tremendous amount of erosion. COUNCII-J~AN STOUTENBURGH: East of the golf course? MR. SCHROEDER: That's east of the golf course. It's from Stars Road, about Stars Road. COUNCILMAN STOUTENBURGH: Oh, okay. MR. SCHROEDER: Now, after you pass that point in East Marion and go to Trumans Beach, then there's erosion. COUNCILMAN SCHONDEBARE: Let me ask Bob. Bob, if we pass this ordinance and his property is unique, can he go before the Planning Board and the ZBA and ask for a variance or something to this effect, since he seems to be somewhat unique? TOWN ATTORNEY TASKER: Anybody can apply to the Zoning Board of Appeals for a variance, provided they could prove their case. SUPERVISOR MURPHY: There is always a court open for you. Page 5 - Public Hearin~ Local Law - Building Set-back COUNCILMAN SCHONDEBARE: See, my dif~culty--I don't know how we can say that everybody except you goes back 100 feet I~rom the bluff. We can't do that, all right? So when we pass an ordinance it's going to be for everybody, but your option, according to our Town Attorney, would be to the ZBA for a variance. You got a way out of this. MR. SCHROEDER: Just in the last couple of weeks I've been driving around looking at the top of bluffs. Pebble Beach--anywhere in East Marion, and there's no way really that you could define 100 feet back because some of it slopes, some of it-- there's no way you can get a straight line of it. The only straight line you could get is the bank itself, the beginning of the bank right at the beach and that's what I say you should go by. Really that would be the only fair solution. As far as the rest of the law, I'm all for it. SUPERVISOR MURPHY: Thank you for your comments. Anyone else like to speak? (No response.) All right, if not, I'll move to close this hearing. Judith T. Terry~ Southold Town Clerk Legal Notices (continu(~l from page 17A) 4 1985 entitled, "A Local Law in relation to building set-back requirements on lots a~iacent to Water Bodies & Wetlands," which reads as follows, to wit: BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated by underl~ deletions by tbrac ketsl). Chapter 100 (Zoning~ of the Code of the Town of Sonthold is hereby amended as follows: I. Article X][ thereof(General Re- quirements) is amended by ad- ding a new section thereto, to be Section 100-ll9.2. to read as fol- Section 100-119.2 - Buildin s~ back from water bodies and wet lands Notwit~hs_tan~di~ng an~ other provisions o r this chap~t~ the fol_ lowing set -back ~requiremen ts sha~ll appl~' to all build~n~ lo- catod on l~ots ad, scent to w~t~rr bodies and wetlands~'---- A. Lots a~ddiacent to Lon~g Is and Sound. (1) All buildings located on lots adi t~n~t to Long Island S~ound, an_d~n~ which there e~:ists a bluff or bank landward of the shore or beach_r shall be set-back not less than 100 feet fr~m the ~such bluff or bank. 2) ExA~ as otherwme ~f~ all ~Jocated k Jots a~acent to Lo_n~ Island Sound s~t- back not less than 100 feet from the mean h~ water mark of Long Island Sound[ B. All buildings loca~ ~idal w~ other than Long Island Sound, s~all be s~et-back not l~sss than 75 feet from the mean high ~ar~of s~uch tidal~water b~r not less than 75 feet from the landward~of the ~ wetlan~ whichever ~ ffreater. C. All buildi~ ~ny freshwater b~a be set-ba~ than 75 feet from the edge of s~ch ~ ~not less than 75 feet from the land- wa.nj e_de of the freshwater wetland~ w~.ichever is~ateff II. T~s Local Law shall take ef- fect upon its filing with the Sec- retary of State. DATED: March 26, 1985. JUDITH T. TERRY SOUTHOLD TOWN CLERK 1TA4-4848 S~TATE OF NEW YORK COUNTY OF SUFFOLK ANNA LEKKAS of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk end State of New York, end that the Notice of which the annexed is e printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 4 dayof Apri 1 19R5 Princlpel Clerk Sworn to before me this 4 ANN M. ABATE y of A~rl i lg~i'~)IARY PUBLIC, State of New York NOTICE IS HEREBY GIV- EN that the $outhold Town Board at a regular meeting h~ld on ·March 26, 1985 adopted Local Law No. 4- 1985 entitled. "A Local Law in relatioo to building set-back requirements on lots adjacent to Water Bodies & Wetlands~" which reads as follows, to wit: BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions indicated in bold; deletions by [brackets]). Chapter 100 (Zoning) of the Code of the T~ I. kfl~ele Xf~ (O~n- eral R~quirementa) ia nm~nd- ed by adding a new section thereto, to bo Section 100- 119.2, to read as follows: ~ 100-119,2 md w~bmdL w~bm~z A. Lam Mba~mt to Sound, ~d ~ w~ (~) Ex~ ~ ~~ A(1) Io~ ~ B, ~ ~ ~ on ~M ~nt ~ ~ wmr ~ wmr ~y, ~ 7~ f~t ~ ~ ~w~ w~ I~ ~r. C. ~ ~ ~'~ on ~ ~t ~ my ~w~r ~ w~ ~y, or ~ 75 f~t ~m ~e of ~e ~wmr wet- ~d, wMehever is ~r. COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at 5outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................. ./ ......... weeks successively, commencing on the ~'-~ da ..... -~...~,Z/~:~/-:/. ..... 19: .J... (~ Sworn to before me this ..................... day of Notary Public BARBARA FORBES Notary Public, State of New York /qo. 48~g16 Qualified iu Suffolk County Commission Expire~ March 30, 19 ~c~, H. This LeeM Law shall take ~ upon Ra rains with the Secretary of State. DATED: March 26, 198S. JUDITH T. TERRY SOUTHOLD TOWN CLERK 1T-4/4/85(34)