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HomeMy WebLinkAboutLL-1993 #08LOCAL LAW NO. 8 , 1993 A Local Law in Relation to Building Setbacks Adjacent to Water Bodies and Wetlands BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-239.~(A)(3) is hereby added to read as follows: 3. Buildincjs which are proposed landward ,of existincj principal dwellincjs shall be exempt from the requirements set forth in A(1) and A(2) hereof. II. Section 100-239.4(C) is hereby amended to read as follows: All buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five(75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, which ever is greater. The following exception will apply: 1. Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. This Local Law shall take effect upon its filing with the Secretary of State, * Underscore represents addition(s) NYB DEPARTHENT OF STATE BUREAU OF STATE RECORDS 162 Washington Avenue Albany, NY 12231-0001 DATE: 6/24/93 Local Law Acknowledgment JUDITH T. TERRY TOWN OF SOUTROLD TOWN HALL 53095 MAIN ROAD PO BOX 1179 SOUTHOLD NY 11971 DOS-~6 (Rev. 6/90) _1 FILING DATE The above-referenced material was received and filed by this office as indicated. Additional local /aw filing forms will be forwarded upon request. Local LaW Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, 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. ~X · g~'~ of .................. .S..o..u..t.b.o_!.o. .......................................................... Town Local Law No ............ _8. ....................... of the year 19--9--3-- A local law ...... Ln----R--eJ.a--tJ-°-P---t--°-.. -B.-u. iJ. -d.L.n.9...~-e--t--b-a--c--k-?..-A--~dJ~fi?~5-59..~£[--~-?~J~?--~E~-- Wetlands Be it enacted by the .................... .'['__o._w.'..n...B..o..a...r..cl. ................................... 2 ............. of the XTJ~}( of ............................ -S--°-u--t--h-gJ-d- ............... ' .................................. as follows: Town Xl4~g~X Chapter JO0 {Zoning) of the Code of the Town of Southold is hereby amended as follows: Section 100-239.4{A)(3) is hereby added to read as follows: 3. Buildings which are proposed landward of existinq principal dwellings shall be exempt from the requirements ~et forth in A(1) and A{2) hereof. I1. 2. Section 100-239.g{C) is hereby amended to read as f611ows: All buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five(TS) feet from the edge of such water body or not less than seventy-five {75) feet from the landward edge of the freshwater wetland, which ever is .greater. The following exception will apply: Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of $outhold. This Local Law shall take effect upon its filing with the Secretary of State. (If additional space is needed, attach pages the same size as this sheet, and number each.) ~,,. Tm) (1) (Compiete the certification in the paragraph that applies to the filing of this local law and strike out that which Is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify tl~at the local law annexed hereto, designated as local law No ................ _8.: ................ of 19_9_3__ of the (X;Li~Ofil~)(XY3l~)(Town)(kr~/l¢~) of ---:- .............. ~---.S.9..u.t--h.g.I--d_ .......... : .................... was duty passed by the -:-T-p--w--n----B--°-a--P-'-d- ........................... on ---J--u--0-e-__-l-5-.,_. 19.9._3., in accordance with the appI'icable provisions of law. (Name of Leglslative Bcvly) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after (Name of Legidative Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ...., (Elective Chlef Executive Officer*) : 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 19-'~ .... of the (County)(City)?own)(Village) of ................................................................. was duly passed by'the ................................................... on .................. 19;---, and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the ................................................. on ................... 19 .....Such local law was submitted (Elective Chief Eiecutive Offier~ ) to the people by reason 6f a (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on .......... 2 ........ 19---- , 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 19 ...... of the (County)(City)(Town)(Village) of -: ............................................................... was duly passed by the ................................................... on .................. 19----, and was (approved)(not approved)(repassed after (Name of £eg~slative Body) disapproval) by the .................................................. on .................. 19 .... Such local law was subject to (Elective Ckief Executive Officer*) 'permissive referendum and no valid petition requesting such referendum was filed as of .................. 19---- , 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 ora town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by.petition.) I hereby certify that the local law annexed herbto, designated as local law No .................................... of 19 ...... -of the City of ............................................. having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(geneml) 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-local 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 Municipal Home Rule Law, and having received the aff'n'mative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate.certification.) I further certify that I have'compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- ' dicated in paragraph- .....1 ...... , above. Clerk of th~_~tmty legislative body, City, Town or Village Cle~ or officer designated by local legislative body JUDITH T. TERRY, TOWN CLERK (Seal) Date: June 16, 1993 (Certification to be executed by County Attorney,.Corporation Counsel, Town A{torney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK com,rrY OF SUFFOLK I, the undersigned, hereby certify that the foregoing lOCal law contains the correct text and that all proper proceedings have been had or taken for the enactment of the loca~~. ~. . MATTHEW G. KIERNAN, ASSISTANT TOWN ATTORNEY Title X~ of Town Southold Date: June 16. 1993 · (3) PUBLIC HEARING SOUTHOLD TOWN BOARD JUNE 15, 1993 IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO BUILDING SETBACKS ADJACENT TO WATER BODIES AND WETLANDS". Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: The second public hearing of the afternoon is a "Local Law in Relation to Building Setbacks to Water Bodies and Wetlands". Proof of publi- cation and verification will be read by Councilman Wickham. COUNCILMAN WICKHAM: "Public Notice is hereby given that there has been pre- sented to the Town Board of the Town of Southold, Suffolk County, New York, on the 4th day of May, 1993, a Local Law entitled, "A Local Law in Relation to Building Setbacks Adjacent to Water Bodies and Wetlands". 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, N'ew York, on the 15th day of June, 1993, at 4:32 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Building Setbacks Adjacent to Water Bodies and Wetlands" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-239.4(A)(3) is hereby added to read as follows: 3. Buildings which are proposed landward of existinc~ prinicpal dwellinc~ shall be exempt from the requirements set forth in A(1) and A(2) hereof. 2. Section 100-239.4(C) is hereby amended to read as follows: C. All buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy- five (75) feet from the landward edge of the freshwater wetland, which ever is greater. The followinc~ exception will apply: 1. l_andswhich are not bulkheaded and are subiect to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. Pg 2 - LL in rel. to Bldg. tbacks 11. This Local law shall take effect upon its filing with the Secretary of State. * Underscore represents addition(s) Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: June 1, 1993. Judith T. Terry, Southold Town Clerk." I have before my an affidavit, that this proposed Local Law has been posted out here on the Town Clerk's Bulletin Board, and I have also a certification, that it has appeared in The Long Island Traveler-Watchman newspaper. In correspondence we have a letter from the County of Suffolk. Dear Mrs. Terry, Pursuant to the requirements of Sections A 14-14 to 23 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. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Arthur H. Kunz, Director of Planning. We have, also, a memo dated May 25th from the Southold Town Planning Board, regarding the proposed Local Law. Dear Mrs. Terry, The Planning Board adopted the following report at its public meeting on May 24, 1993: BE IT RESOLVED that the Planning Board has reviewed the propoed modifications to Section 100-239.4 (A)(3) and finds that it is opposed to same. The Board finds that the proposed legislation will allow existing waterfront homes located on Long Island Sound, Fishers Island Sound and Block Island Sound and situated less than 100 feet from the top of a bluff or bank or from the ordinary high water mark to be expanded without review by the Trustees or the Zoning Board of Appeals. This proposal also will permit the addition of buildings landward of a principal buildin§ located closer than 100 feet from the top of a bluff or bank or from the ordinary high water mark. The Planning Board feels that all such expansions or new construction should be subject to review by either the Board of Trustees or the Board of Zoning Appeals. BE IT RESOLVED that the Planning Board has reviewed the proposed modifications to Section 100-239.4 (C) and finds that it supports the proposal because the Board of Trustees is the proper agency to make the determination as to where the landward edge of a water body or a freshwater wetland lies. Sincerely, Richard G. Ward, Chairman. That's all the information we have on this proposal. SUPERVISOR HARRIS: Thank you. At this time, are there any members of the audience, that would like to address the amendments, that will be made either in favor, or against, as far as voicing an opinion on it? LINDA LEVY: My name is l_inda Levy. I'm the Southold Coordinator of the North Fork Environmental Council. I have a prepared statement, but I did have a couple of questions, I just wanted to have clarified by Councilman. One question, I usually get to most of these Legislative Committee meetings, and I didn't remember this coming up, at a meeting I was at, where I can usually address any questions, that we might have about the law. I wonder if you might remember, Councilman Penny, when this was brought up at the Legislative Committee? SUPERVISOR HARRIS: Councilman Penny? COUNCILMAN PENNY: I don't have my notebook with me, so I can't tell you exactly what the date was. Pg 3 - LL in re Bldg. Setb ~s LINDA LEVY: Was it recently? COUNClLMAI~ PENNY: Within the last two months. LINDA LEVY: And, also, because my Code book, we don't get the updates, and I just wanted to clarify that this section in the Code has already been amended to, or rather I00-239.4(A) has already been amended to include Long Island Sound, Block Island Sound, and Fishers Island Sound. SUPERVISOR HARRIS: We added the word Fishers Sounds. We had the Sound. It was sound before, Fishers Island was excluded originally. Yes. LINDA LEVY: I have another question. I was wondering if the Trustees had made any comments about this. COUNCILMAN PENNY: This Local Law does not effect the Trustees whatsoever. LINDA LEVY: I didn't think so either, but when I saw the Planning Board's comments I wondered if the Trustees had said anything. COUNCILMAN PENNY: The Trustees can attend this meeting as well as anybody else, and at this point, being as you raised the question, the fact that the Planning Board felt that this was going to affect something under the Trustees, I just want to clarify, that it absolutely does not. They are misinformed. I_INDA LEVY: Okay, this is my prepared remarks. The North Fork Environmental Council would like to express its concern regarding the proposed addition of Section 100-239.4(A)(3) to the Southold Town Code. This addition would permit erection of buildings within 100 feet of bluffs and high water marks along sounds, if they are landward of existing principal dwellings. In recent years the Town has wisely endorsed and adopted Coastal Erosion Management Regulations, worked to develop a Local Waterfront Revitalization Program, and taken steps to ensure that our fragile coastal bluffs and beaches are preserved and protected. One reflection of this policy is the section of the Code now being addressed, which prohibits buildings within 100 feet of bluffs and high water marks along sounds. Tile proposed addition to this section flies in the face of previous policy. The exisitng principal dwellings referred to inlthe proposed change are, under our current code, located too close to the bluffs and/or beaches. They have been permitted, in most cases, because they already existed before the 100 foot regula- tion came into effect. The proposed addition would compound the error that already exists, and that we can do nothing to correct. This is unsound and environmentally hazardous law-making. Furthermore, this addition would penalize those who have followed the law, and set back their houses appropriately. They are not permitted to build additional structures on their lots within 100 feet of the bluff or beach, but their neighbor, already in violation of the code, may do so. In some cases such buildings could erode the property value of neighboring homes by altering water view and access and further crowding open space. In addition, the language in the proposed addition to the code is extremely general. Buildings which are proposed landward, what kind of buildings? The same problem occurs with the phrase, principal dwelling. Someone who currently has a small cottage within 100 feet of a bluff would now theoretically be permitted to build a three-bedroom house. Pg 4 - LL in re Bldg. Seth 'cs The NFEC recognizes that in some instances, a lot may be too small to permit a person reasonable use of her property and still be outside of the 100 foot boundary. That is why we have a Zoning Board of Appeals. Building with 100 feet of a buff or beach should be reviewed on a case by case basis by the ZBA, not granted as of right. Our town already suffers from the mistakes of early building too close to our coastal waters. We suffer environmentally as our bluffs and beaches erode, we suffer physically as salt water invades our wells, and we suffer financially as storms destroy our homes. Additional building within 100 feet of bluffs and beaches, regardless of pre-existing dwellings, should be considered carefully and undertaken cautiously, nor permitted as of right in our Town Code. Thank you. SUPERVISOR HARRIS: Is there anybody else, who would like to address this Board, in reference to this amendment to the Local Law? (No response.) Hearing none, I'll declare this public hearing closed. Judith T. TerPy $outhold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW 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 4th day of May, 1993, a Local Law entitl- ed, "A Local Law in Relation to Building Setbacks Adjacent to Water Bodies and Wetlands." 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, New York, on the lSth day of June, 1993, at 4:32 P.M., at which time all interested persons will be heard. This proposed "Lo{al Law in Relation to Building Set- backs Adjacent to Water Bodies and Wetlands" reads as follows: BE 1T ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-239.4(A)(3) is hereby added to read as follows: 3. Buildings which are pro. posed landward of existing principal dwellings shall be ex- empt from the requirements set forth in ,4(1) and A(2) hereof 2. Section 100-23.4(C} is hereby amended to read as follows: C. All buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy- five (75) feet from the land- ward edge of the freshwater wetland, whichever is Bleater' COUNTY OF SUFFOLK SS: STA'I'E OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, o( THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has b~en .published in said I_ong Islancl Traveler-Watchman once eacl~ week for ...................... ./ .... weeks successively, commencing on the .......... ./?. ~ ....... day of. ...... ~ ...... 19 . .~-~-~-~-~-~-~-~-~-~... /~% Sworn to before me this .......... .~..~.% ...... clay of N(rtary Public BARBARA A. SCHNEIDER NOIARY PUBLIC, State of Rew York No, 480G346 Qualified Err SuffoLk County C,3m n',ission Expires The following exception will apply: L Lands which are not bulkheaded and are subject to a determinatio~ by the Board of 'Town Trustees under Chapter 97 of the Code of the Town of Southold. Il. This Local Law shall take effect upon its filing with the Secretary of State. * Italic represents addition(s). Copies of this Local Law are available in the Office of the Town Clerk to any in- terested persons during business hours. DATED: June 1, 1993 JUDITH T. TERRY SOUTHOLD TOWN CLERK IX-6/10/93(27)