HomeMy WebLinkAboutLL-1998 #21Local Law Filling
~YORK STATE DEPARTMENT OF STATE
1~2 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.
I~:~x of Southold .........................
Local Law No .............. .2J ....................of the year 19-~g&-
Alocallaw in Relation to Amendi0.g. Certain Sections of Chap. ter 9_7 ..... .--
Entitled "Wetlands of the Town Code of the Town of Southold".
Town Board of the
Be it enacted by the ...................................................................................
~R~ o f.. _ .5..o_.u_ _t_l).o..I.d_ .................................................................... as follows:
Town
I. Chapter 97 (Wetlands) of the Town Code of the Town of Southold is
hereby amended as follows:
1. Section 97-12 (Exceptions) is hereby amended as follows:
(7) The ordinary and usual maintenance or repair of a
man-made pond that is created by using an artificial
seal to prevent water from seeping into the ground and
activities disturbing the bottom lands of, and wetlands
adjacent thereto.
2. Section 97-13 (Definitions) is hereby amended as follows:
WETLAND BOUNDARY OR BOUNDARIES OF A WETLAND - The
outer limit of the vegetation specified in the definition of freshwater,
brackis or tidal wetland. The wetland boundary is to be defined and
flagged at the point where existing wetland indicator species no longer
have a competitive advantage over upland species. Wetland and
upland plants will mix together at this transition zone. The methodology
used to determine this boundary shall be the same methodology
(If additional space is needed, attach pages the sam,~ size as this sheet, and number each.)
(1~
DOS-239 (Rev. 7/9t) '
utilized in the N?~.D.E.C. Technical Methods Stater~t relating
to the Freshwate,~-.4etlands Act: to wit, if the innermos~..,~ortion of
a wetland is effectively 100 percent wetland plants, the next
concentric ting shows an area of 75 percent wetland species, and
the outer ring is a 50 percent mix where the competitive advantage
of upland species is demonstrated, the boundary line will be drawn
at the mid-point of the outer ring. Where a site is dominated by
facultative species which are characteristic of Long Island wetlands,
such as red maple (Acer rubrum) and black tupelo (Nyssa sylvatica),
a community approach shall be used in determining the wetland
boundary. The test of what constitutes a wetland community will be
satisfied if the species are those included in the description of natural
wetland community types as documented by the New York Natural
Heritage Program in the March 1990 manual entitled "Ecological
Communities of New York State."
WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L.
No. 6-1985]:
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in
Subsection A(2) and lying within seventy-five (75) feet landward
of the most landward wetland boundary of such tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, §24-0107,
Subdivisions l(a)to l(d)inclusive, of the Environmental Conservation
Law of the State of New York; or
(2) All lands and waters in the town which contain any or all of the
following:
(a) lands and submerged lands commonly called marshes,
swamps, sloughs, bogs, and flats supporting aquatic or semi-
aquatic vegetation of the following types:
(1) wetland trees, which depend upon seasonal or permanent
flooding or sufficiently water-logged soils to give them a
competitive advantage over other trees; including, among
others, red maple (Acer rubrum), willows (Salix spp.), black
spruce (Picea manana); swamp white oak (Quercus bicolor),
red ash (Fraxinum pennsylvanica), black ash (Fraxinus nigra),
silver maple (Acer saccharinum), American elm (U Imus
americana), and larch (Larix laricina); or
(2) wetland shrubs, which depend upon seasonal or
permanent flooding or sufficiently water-logged soils
to give them a competitive advantage over other shrubs;
including, among others: alder (Alnus spp.), buttonbush
(la)
(CephaL _~.~.,,thus occidentialis), bog rosemary'~.,t.J]dromeda
glaucophylla), dogwoods (cornus spp.), and leatherleaf
(Chamaedaphne calyculata); or
(3) emergent vegetation, including, among others, cattails
(Typha sPp.), pickerelweed (Pontederia cordata), bulrushes
(Scirpus spp.), arrow arum (Peltandra virginica), arrowheads
(Sagittada spp.), reed (Phragmites communis), wildrice
(Zizania aquatica), bur-reeds (Sparganium spp.), purple
Ioosestrife (Lythrum salicaria), swamp Ioosestrife (Decodon
verficillatus), and water plantain (Alisma plantagoaquatica);
or
(4) rooted, floating-leaved vegetation; including, among others,
water-lily (Nymphaea odorata), water shield (Brasenia schreberi),
and spatterdock (Nuphar spp.); or
(5) free-floating vegetation; including, among others, duckweed
(Lemna spp.), big duckweed (Spirodela polyrhiza), and
watermeal (Wolffia spp.); or
(6) wet meadow vegetation, which depends upon seasonal
or permanent flooding or sufficiently water-logged soils to
give it a competitive advantage over other open land
vegetation; including, among others, sedges (Carex spp.),
rushes (Juncus spp.), cattails (Typha spp.), rice cut-grass
(Leersia oryzoides), reed canary grass (Phalaris arundinacea)~
swamp Ioosestrife (Decodon verticillatus), and spikerush
(Eleocharis spp.); or
(7) bog mat vegetation; including, among others, sphagnum
mosses (Sphagnum spp.), bog rosemary (Andromeda
glaucophylla), leatherleaf (Chamaedaphne calyculata),
pitcher plant (Sarracenis purpurea), and cranberries
(Vaccinium macrocarpon and V. oxycoccos); or
(8) submergent vegetation; including, among others,
pondweeds (Potamogeton spp.), naiads (Najas spp.)
bladderworts (Utricularia spp.), wild celery (Vallisneria
americana), coontail (Ceratophyllum demersum), water
milfoils (Mydophyllum spp.) muskgrass (Chara spp.),
stonewort (Nitella spp.), water weeds (Elodea spp.),
and water smartweed (Polygonum amphibium); or
(b) lands and submerged lands containing remnants
of any vegetation that is not aquatic or semi-aquatic
that has died because of wet conditions over a
sufficiently long period, provided that such wet conditions
do not exceed a maximum seasonal water depth of six
feet and provided further that such conditions can be
expected to persist indefinitely, barring human intervention;
(lb)
(c) lands ~[t~l waters substantially enclosed by aquatic or
semi-aquatic vegetation as set forth in paragraph (a) or be
dead vegetation as set forth in paragraph (b), 1he regulation
of which' is necessary to protect and preserve the aquatic
and semi-aquatic vegetation; and
(d) the waters overlying the areas set forth in (a) and (b) and
the lands underlying (c).
(3) All land immediately adjacent to a "freshwater wetland," as
defined in either Subsection B(1) or Subsection B(2) and lying within
seventy-five (75) feet landward of the most landward wetland boundary of
such "freshwater wetland".
3. Section 97-20.B. (Permits Required) is hereby amended as follows:
(B) Notwithstanding the provisions of Subsection A of this section, the
Trustees may, by resolution, waive the requirement of a permit with respect to
lands immediately adjacent to wetlands, as defined in Subsection A(3) or B(3) of
the definition of "wetlands" in §97-13, if the Trustees find and determine that no
operations are proposed on such lands, or that the operations proposed thereon
comply with the standards set forth in §97-28 of this chapter.
II. Severability.
If any section or subsection, paragraph, clause, phrase or
provision of this law shall be judged invalid or held unconstitutional by any court
of competent jurisdiction, any judgment made thereby shall not affect the validity
of this law as a whole or any part thereof other than the part or provision so
adjudged to be invalid or unconstitutional.
III. This local law shall take effect upon filing with the Secretary of State.
(lc)
(Complete the certification in the paragraph that applies to the fili~lg of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No .............. Z] ................... of 19-9-8__
of the 0~Jtt:~ ~)( .g~){Town)~kt~0~ of .... _S._o._u_t..h._o.I._d_.. ............................................. was duly passed by the
.... _T._o._w_'.n._._B._o_a__r__d_ ....................... ~- on .-N--o-v--e-.m...b.-e-r-.~19 __~.8, in accordance with the applicable provisions of law.
(Name of Legislative Body)
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
(~' a. me of. Legldatlve
disapproval) by the ................................................. and was deemed duly adopted on ............... 19 ....,
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)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approvedXrepassed after
[Name of LtgLvladve Body)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
(Electi,'e Chltf Extcuti~e Officer*)
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 .................. 19---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and f'mal 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
(,Varec of £~gislati*.e Bo~v)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
( Elecd*-e Chi~[ Execudwe O}~ctre~
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 of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5'. (City local law concerning Chart~r~revislon proposed by petition.)
I hereby certify that the local law annexed hereto, 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 affu'mative 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 affirmative 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 fat m of final adoption has been followed, please provide an appropriate certification.)
(Seal)
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 tinnily adopted ia the manner in-
dicated in paragraph-~__! ....... , above.
Clerk of th~unty legislative body, Cil'~, T~wa o~ V'fllage Cieflc
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: 11/20/98
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Vmage Attorney or
other authorized attorney of locality.)
STA'm O~ h'~w'~:FO LK
COON'tr'~ OP
I, the und~i~e~ hereby ~i~ that the foregoing l~al law conta~ the co~ te~ and t~t all proper pmcee~n~
have ~en ~d or ~ken for ~e e~ment of the 1o~1 law~ed ~m~. ~
Gregory F. Yakaboski, Town Attorney
~tle
ll:l~ of
Town
Date:
Southold
11/2~/98
(3)
ALexaNDer F. TReaDWELL
SECRETARY OF STate
State oF New YOrk
DEPARTMENT Of STATE
ALBANY, NY 12231-0001
I)EC 2 8
Sa.qh~ 'ro~ Cl~
December 21, 1998
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 21, 1998, filed 12/14/98
The above referenced material was received and filed by this office as indicated.
law filing forms will be forwarded upon request.
Additional local
Sincerely,
JGD:ml
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
printed on recycled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
OCTOBER 27. 1998
5:00 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO AMENDING CERTAIN
SECTIONS OF CHAPTER 97 ENTITLED WETLANDS OF THE TOWN CODE OF
THE TOWN OF SOUTHOLD".
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilwoman Alice J. Hussie
Councilman William D, Moore
Councilman John M, Romanelli
Councilman Brian C. Murphy
Town Clerk Elizabeth A, Neville
Town Attorney Gregory F, Yakaboski
COUNCILWOMAN HUSSIE: "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 13th day of October, 1998, a Local Law
entitled, "A Local Law in Relation to Amending Certain Section of Chapter
97 entitled "Wetlands of the Town Code of the Town of Southold".
Not. ice 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, 53095 Main Road, Southold, New York, on the 27th day of October,
1998, Tuesday, at 5:00 P.M., at which time all interested persons will be
heard on this proposed Local Law which reads as follows:
A Local Law in Relation to Amending Certain Sections of Chapter 97
Entitled Wetlands of the Town Code of the Town of Southold.
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 97 (Wetlands) of the Town Code of the Town of Southold is
hereby amended as follows:
1. Section 97-12 (Exceptions) is hereby amended as follows:
(7) The ordinarv and usual maintenance or repair of a
man-made pond that is created bv usina an artificial
seal to prevent water from seeoina into the around and
a~vities disturbin~ the bottom lands of, and wetlands
adjacent thereto.
pg 2 - PH ~'~r ,~ ....
2. Section 97-13 (Definitions) is hereby amended as follows:
WETLAND BOUNDARY OR BOUNDARIES OF A WETLAND - The
outer limit of the ve.~etation specified in the definition of freshWater,
brackis or tidal wetland. The wetland boundary is to be defined and
fla(~.(~ed at the point where existin.~ wetland indicator species no Ion.qer
have a competitive advanta(~e over upland species. Wetland and
upland plants will mix to~ether at this transition zone. The methodology
used to determine this boundary shall be the same methodology
utilized in the N.Y.S.D.E.C. Technical Methods Statement relatin.~
to the FreshWater Wetlands Act: to wit, if the innermost portion of
a wetland is effectively 100 Percent wetland plants, the next
concentric rin~ shows an area of 75 Dement wetland species, and
the outer rina is a 50 percent mix where the competitive advantage
of upland species is demonstrated, the boundaw line will be drawn
at the mid-Point of the outer rina. Where a site is dominated by
facultative species which are characteristic of Lon~ Island wetlands,
such as red maple (Acer rubrum) and black tupelo CNvssa svlvaticaL
a community approach shall be used in detem~inin.cl the wetland
boundary. The test of what constitutes a wetland community will be
satisfied if the species are those included in the description of natural
wetland community types as documented by the New York Natural
Heritage Pro, ram in the March 1990 manual entitled "Ecological
Communities of New York State."
WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L.
No. 6-1985]:
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in
Subsection A(2) and lying within seventy-five (75) feet landward
of the most landward odge of such a tidal wctland wetland boundary
of such tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, {}24-0107,
Subdivisions l(a) to 1 (d) inclusive, of the Environmental Conservation
Law of the State of New York; or
pg 3 - PH
(2) All lands and waters in the town which contain any or all of the
roi lowing:
(a) lands and submer~ed lands commonly called marshes,
swamps, sloughs, bo~s, and fiats supportin~ aauatic or semi-
aauatic veoetation of the followino tv~es:
(1) wetland trees, which depend upon seasonal or perrr, anent
floodin~ or sufficiently water-lO~:lged soils to ~ive them a
comPetitive'advantape over other trees; including, amonQ
others, red maple (ACer rUbrum), willows (Salix soD.), black
spruCe (Piceamariana); swamp white oak (Quercus bicolor),
red ash (FraxinUm pennsvivanica), black ash (Fraxinus ni~ra),
silver maple CACer,saccharinum), American elm (Ulmus
americana), and larch (Larix laricina); or
(2) wetland shrubs, which depend upon seasonal or
permanent flOOdine or sufficiently waterqo~ed soils
to give them a competitive advantage over other shrubs;
includino, amon.~ Others, alder (Alnus spp.}, buttOnbush
(Cephalkanthus occidentialis), ,bo~ rosemary (Andromeda
elauCophvlla), dom~/oods (comus spp,); and leathedeaf
(Chamaedaphne calvculatai; or
(3) emergent veoetation, includin.~, amon.~ others, cattails
(Tvpha spp.),, pickerelweed (Pontededa cordata), bulrushes
(Scirous spp.); arrow arum ('Peltandra virginica), arrowheads
(Sa.aittaria spp.), reed (Phra.amites communis), wilddce
(Zizania aauatica)~ bur-reeds (Spamanium spp.;I, purple
Ioosestrife,(Lvthrum salicada), swamp Ioosestrife (Decodon
verticillatus)~ andwater plantain (Alisma planta~oaauatica);
o_Er
(4) rooted, floatin~Aeaved vegetation; includinQ, amon~ others,
water-lily (Nvmphaea odorata), water shield (Brasenia schreberi),
and spatterdock (Nuphar spp.}; or
(5} free-floatina vepetation: including, amon~ others, duckweed
(Lemna spo.), bi.a duckweed (Spirodela Polvrhiza), and
watem~eal (Wolffia spp.); or
(61 wet meadow vegetation, which depends upon seasonal
or permanent floodin~ or sufficiently water-lo~ed soils to
pive it a competitive advantage over other open land.
ve.eetafion: including, amona others, sedaes (Carex
rushes (Juncus soD.), cattails (Tvpha sop.}, rice cut-~rass
(Leersia~oryzoides). reed canary grass CPhalads arundinacea),
swamp 10osestrife ~Decodon verticillatus), and spikerush
(Eleocharis spo.); or
pg ~ - PH
(7) boa mat vegetation; including, among others, sohaanum
mosSeS cSohag~m soo, I, bop rosemary (~remeda
~laucm. ,la), leatherleaf IChamaedaohne (. /culata),
pitcher plant ISarracenis ourPurea), and cranberries
(Vacclnium macrocamon and V.- oxvcoccos); or
/8) submement ve.~etation; includir~, among others,
pondweeds CPOtamo~eton SOD.}, naiads (Naias soo.)
bladdenVorts IUtriCularia soo.}:, .Wild celervr ~/allisneria
americana), coontail ICerato~3hvllum demersum), water
miifoils CMvrioohvllum soD.} musk~rass IChara soo.},
stonewort INitella soo.), water weeds IEIodea soo.},
and water smartweed IPolvaonum amohibium}; or
lb) lands and submemed lands containina remnants
of any vegetation that is not aquatic or semi-aQuatic
that has died because of wet conditions over a
sufficiently Ion~ :period. orovided that such wet conditions
do not exceed a maximum seasonal water depth of six
feet and orovided further that such conditions can be
expected to persist indefinitely, barfing human intervention;
lc) lands and waters substantially enclosed by aquatic or
semi-aQuatic ve.~etation as set forth in oara.Qralch la} or be
dead vegetation :as set forth in oara,araoh lb}. the reaulation
of which is necessary to orotect and oreserve the aquatic
and semi-aQuatic vegetation; and
Id) the waters overlvina the areas set forth in (al and lb) and
the lands underivin~
(3~ All land immediately adjacent to a "freshwater wetland," as
defined in either Subsection B(1) or Subsection BI2} and lying within
seventy-five (75) feet landward of the most landward odgc of a
"frcshwatcr wctland" wetland boundary of such "freshwater wetland".
3L Section 97-20. B. (Permits Required) is hereby amended as follows:
(B) Notwithstanding the previsions of Subsection A of this section, the
Trustees may, by resolution, waive the requirement of a pe..it With respect to
lands immediately adjacent to wetlands, as defined in Subsection A(3) or B(.~) of
the definition of "wetlands" in §97-13, if the Trustees find and determine that no
operations are proposed on such lands, or that the operations proposed thereon
corr31y with the standards set forth in §97-28 of this chapter.
II.
Severability.
If any section or subsection, paragraph, clause, phrase or
pro~lision of this law shall be judged invalid or held unconstitutional by any court
of c~mpetent jurisdiction, any judgment ma~de thereby shall not affect the validity
of t~is law as a whole or any part thereof off, er than the part or provision so
adjudged to be invalid or unconstitutional.
III. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
Strikethrough represents deletions
Copies of this proposed Local Law are available in the Office of the Town
Clerk to any interested persons during business hours. Dated: October
19,1998; Elizabeth A. Neville, Town Clerk". We have correspondence from
the Planning Board in the Town of Southold saying, the Planning Board and
it's staff have reviewed the above referenced legislation, and support it's
adoption in as much it would provide better protection to Town's freshwater
wetlands. Sincerely, Bennett Orlowski, Chairman. From the Suffolk
County Department of Planning. Pursuant to Section AlZt-lZt of the Suffolk
County Administrative Code the above referenced application is not within
the jurisdiction of' the Suffolk County Planning Commission, and that is it.
I suggest you go to the Town Clerk to find out about all the species that
are protected.
SUPERVISOR COCHRAN: Is there anyone that would like to speak in
relation to the Local Law, Wetlands in the Town Code in the Town of
Southold, either pro or con?
HOWARD MEINKE: Howard Meinke, North Fork Environmental Council.
I am just interested in procedure=wise. We don~t really know about this
bill, and far be it from me to say the people that have reviewed it haven't
done it right, but it is kind of, by definition, our turf to understand it,
and the idea of rubber stamping it without really having looked at it.
COUNCILMAN MOORE: If you want to take a look at it by all means, but
this goes back to December. The Trustees asked the Town Board to go
back and revisit our Code's definitions of freshwater wetlands, and
somewhere several years back a piece of protective, a piece of legislation
got dropped out. As presently written the Freshwater Wetlands Law relates
and incorporates the DEC Freshwater Wetland Map, and that is it.
Previously incantations of this law used to protect other non-mapped
wetlands, so the Trustees said, how it was years ago, and in the course of
redrafting stuff did we lose non-mapped freshwater wetlands. This law goes
back and restores the Trustees previously held powers they had for
freshwater wetlands, which do not appear on the DEC Freshwater Wetlands
Maps, and it has been kicking around while we sent this thing off to our
Environmental Consultant for their environmental review of it. It took quite
some time. It has had a long history, but the goal of this thing is to
reestablish previously held authority for our Trustees above and beyond
the Freshwater Wetlands Map.
HOWARD MEINKE: It sounds like multiple issue. I was just wondering
the procedure, because it sounds like the sort of thing the public should
have heard, This pass thing is out here, interested people come look at
it. Maybe that did happen. I don~t remember it. I just wondered if you
review procedures.
JUSTICE EVANS: It was published.
COUNCILMAN MOORE: We worked on it this spring, sent it out.
HOWARD MEINKE: It fell through the cracks.
COUNCILMAN MOORE: We can hold it for two weeks, if you would like to
take a look at it, and comment upon it. We can do that.
HOWARDS MEINKE: I would like to do that.
SUPERVISOR COCHRAN: Yes. Anyone else like to address the Town Board
in relation to the Code change on Wetlands? (No response.) If not, I will
close the hearing.
Southold Town Clerk
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~ .~t0:00 ~, Th~sda~ 'No o~te& ~ oo~a~ ~e ~qll a core'oddTM;m.~,.~ ~.. ~ ~~07:~-M':
: ~em~et,~O998,:at wmch~me be,~E~a~e~d?~Etof~e ~ other s~bs: including, amen*
mey Will oe opened and .tea~ oarer ~E wnerea slte'l~d0m: ' ~er8 alder (A~m ~n~ ~ '~.-r x~_:__
Moudmpub~c:~eTo~E~d narco by facaltat~ge specms t tonbush: (CephMkanth~m :: eta~on that is not aquatic
Of the TO~ of 8oU~0i wMch~eChmet<~cofLOn~
. d re, occ~dentmhs)~ her ~osem~*~:w ~se~-an~fie:~at ha~ d~d E~
S~s~efightto~e;ect~d Island ~etlands su~as %~ ' (Andromed~ ~lanh,~hvt ~:..- ~ - --~ ....... -'
~gmhasm any~d s~offidlt ~p~o ~Vlvafiea), a c0m-: ieathe~le~f C~amaeda~'hne vid
be .... ' ' m~ ' ( . ed .......... onmh.._.
aee~m ~e~stmterestbg m~ aooroach sh~l be ~efl ~ ' Calv~a~)- Or ~ do ~ot ex '~ --___-' ·
~e To~cf Sou~old. to de. so _n detemmmg the wetla~d ~ezeent v~ som[..~ 5 er deO~ of sEx reit and
A~ bi~'must be sled:and boun~rf. ~he test ofw~t con- clud~ff, amon~ othem ca~a ls prom,ted Oanher
sealed in envelopes ~lai~Iv sdfatex a ~ed~d comm~miW (T~nha ~-~ :': ~'i~v~,~.,~ ~ ,.w, --
~mr~eb~dp~es~l~, s~non of natural weflhnfl , (Pel~n&a ~k~i~i~a~ ~*~n,~ (~ lhn~e
. CU{s:~Y ~5, federa!~ state, ~ : fO~5~?~,t7 :typ~s ~ d?SU: heads (Sa~l~tarm synal: reed fi~
'.~a~ ~om~eh:~ To~ df mente~bg.~eNe~YorkNa~' (Phra~mites co~m~i~ ~i aannHa q,
~)~u~c}¢~s~xe~sr.'; :" t rx~l ~en,~m~¢~m ~?~ ; ~¢¢(ZN~a~fica) ~,
~[ [/ Mil tl~ t. ~l'~lJ Il ~ c'd"2[cal'O°~umt~cs:'of'~ Ioe~s~e ~L~i~7 ~a~h
, t...k~ ,, , -- ~.~ ~:~. swine looses~ffe ~ec~on w~ch ~s neeess~
· ..I.l.~.d. M) { I'. ..6 I ~E.~.~6 64985]:. r4~'~ooted n~*;-- ~-- ~ ~ ~
' ' '~ ~~ ~¢ k~J~z'~a~ately~=`' o~s '~ate~;~:~vm~ '
~Bv ~' ,h.* m ~ ~ ~ .. ' . ~.. [ / ~up~rspp.),~t .~ . as defmedme~er Subsec~0n
~ ............ ere feet l~ward oI ~e most !and-. (5) ~ee-floa~ veeetafion; -
. ~ ly-
has b~en presented to ~e To~m ward ' ' ~Clu~nE,*mone othersq duck~
B0~d eli - ' feet
· imh;'ah' iwu (.![ pllC.'-
'klows Southold Ne~ York on the ..... DHalaris wetlands asdefinedinSubsec-
~ 1 ' ' , , commom¥ cauen marsnes Moosestrife '
~( ) Pr[ce per 100 cubic yard (or 27th day of October. 1998 s~ ...... ' ........... ' t?n.A(3) OR B(3) of the deft-
:.greater)?aiterloadofthespicked Tuesday, at 5 00 P.~M, al flat~u~0~n;~a~a~c°o~rS'sea'~i'a. [._D_.~e_cocto, n,_. , t.atusl:.and ?i. onof"weflands'qn§97-13,
': u b the bidder u ' --.- ,- - - - -- , ' '~ - ;~ vmeman ~meocnar[s s ~ or /f the Trustees Fred
4 . P .Y smgolaQe~s wmcn tame mt mtereste~ mr- aouaric~.eoet~finna£th,.3',,ll,,~ '.k _~_.,,. pP- . · and deter-
;¢ plmas to utilize a.~ailer of less posed 'kocal Law which rea~ as ~o,.a'~.2 - ~ ~ J ~ -citmm¢.m, mong omers, spha~, posedo, nsucklands;brthatthe
i C'than 100 cubic yards capaehv, follows: ~2.~ ..-~'~" ~es; w~c~ ~e- - .hum mosses (S*D~agnnm spp. ~ operations propased thereon
i ~ :~e bidder must so ~+ .... 23 - r,~,-.t~'. ,w, ~,~ ;,,,,~ w,~,~ ~m,~.sea=ona~ eot~ perma- eo~ rosemary (Andromeda corn I with the standards set
- .... - n nt rtoomn~ or sufficlentl lance ~_ r. - -
: qtmte puces ned s¢ec/ficallv to A Local Law m ReT/iion to .... ~ (, ~ ., - · - y', ~ chvllaL leatherleaf.%~&qrth m §97-28 of th/s chapter.
:¢(2) Price per t00 ~ubic ~)ards Chapterg?,EntitledWerland~: .~. T_ . ,- ~ _ p~tcner pmnt. iSarracenis If a~n~seotim~o2 subsection,
i:'trailerloa~offiresdelLveredby2 o£theTownCodeoftbeT0vm oOrt~eerr~ees,jncma_m,g, a~m~eng . p. qrpurea) and cranberries paragraph; clau%~
! 'ingTown-0wnedlzfickandnush ' B--~NACTE'D~ by :th~ ~.~ ].. ' .~. '_ - -5 ): · judgedinvalidorheldunconsfi-
,4, ~;~o~man~ . ~ ' Town B0ara oS'the'TOwn oF:: ~'~P~-h~t~a~e?~mar'an3t: (8mbmer-*~tYeaemtio~;i"- mfionalbyanycourtofcompe=
]~::: T-- To,x2- lk [d de ' ~' :-. Southoid as fo]l~-,- : ~ '~ ~ [~uercus m- clud/n~ amon~ others, end- tent ' rsdiction ' ud
..... ' e. , · m,,~ ~ P jun ~ any ment
[' · ' cc ' ,' [,' '[i[ ', :, ;, ' th~T0~C6d~"0~;thi~wh~, ~v::~-rz~-ar~!C~t~ TIac~- asa tads (Nares S~tr3 bladde~or~s
~ ' ~. a ' ' ~- a .... Se 1 ig he~:~169 ~a&n~ &~¢¢e ~ faxmqs ~ra) s!l~er maple (Ulriculana s ) wild col ' or ~ art:~he f
.., . . .... ,d a., ~ ..... ,..; atho-d ....... ::,,~,~¢ ..~,~efsaech:,~4.~,,~ ~~ :~ , ...... pp . erg gp ~eo otheL~nthe
! ' any bid shou/d xt bedeemed in foilmvs: - '-. ~ .( ; ~: '7~ ?~'-. ......~,~r,-~ ~ [vams~ena ~ americana), part orproxLs[on so adjudged to
; ~hebestmterestoftheTownof I:Sect;on0*z 2;.~.F3pfie. q=~'i; "elm__(.Ulmua ameficahaL-a, vd c_oontan' ~ ttionai
t'Southoldtoddso':;'. .[ ...... ~ ~ .' "z: x ~ ' a' ~ d water mil(oils iiiYake~
~-~ All bids must be s~gned..and ,. c r · ..':v ~ :- a, "~'"- a~ ..]'u[,..~,.~:r,,~:? heSec;
~ate4 ~n end,elopes_plainly ~'m..'.arc,,m :~u.'ofa 'nm- ~:',~ .mot -ca~,::,d o; 'er,'r-'-.
! :_/harked B~d on Remove! of mad~-vo~'~ ~chat is c~eat~d by '~ _ .~. . -12 ,_.~ .
, ~Scra, pThes . ~hd..jm ~ed o
, theO":;c, u',hc lu'.,4 ('k:k. IIw '._'.a e, h'mq -c.--L'm,J_n'q)._qu: :
.' .~gitl Fix.,4 I,. , lei :'ich, lc . : .?Ol~,.,i,I al tlac. k u;cs dN
~tax, federal... I;: v. or Iota[ "1o111 ' '
] 7wh~ch-the '[v,n 'SI [,,Lo.dz, '~,:,d-,al 5,'e:,' 'h.'r~',o ~
kexempt. ,t2. Secli6n 97;13 (Defmiti0nsJ '. "
'~ LDated .Octobe~ 19, ·1998.' is hereby amended ~ follows: i . ", I
i'-~ :. ELIZABEWHA. NEVILLE -WETLAND BOUNDARY ' COUNTY OF SUFFOLK ~:hours...-' .'..1%< ': :~.: ~'t' '..
: ~ ~SOUTHOLDTOWNCLERK OR :BOUNDARIES OF A STATE OF NEW YORK ss: ? .?Date& October~9;~;1998 .~
, WE2I~AND - Wne outer limLt Of "- !~LIZAB]~TH A.';NEViLLE
' %- . · ' 1X-10/22/98(337) the veaetation snecified in the
f;-~) .... SOUTHOLD TOwN.
k? ;:\~ LEGALNOTICE definition of freshwater, brack. Patricia C. Lollot, being duly sworn, says that
· · OT[CE. TO IM I)DI.:I{S
, .. N()l ICi: ISIII'RI It~'.t il\'l \. b~dar~ ~0:bEde~ec[ ~,al she is the Production CoordinatOr, ofthe TRAV-
m acco,du,,cc [~u[. fl,~. mo:"- ~k~exl at Yh~ point Where:ex,.
.,,on- ol'Secuon 10., of fl'e ( vr i~ Wetl~d i~clleator species ELER WATCHMAN, a public newspaper printed
eld %hudc~pai I.a,.~. tim(~ea ed at Southold, in Suffolk County; and that the no-
hhls areso,ghl u,d ret ueslu I 'advanta~ 0~er Unlandst~e~es rice of which the annexed is a printed copy,
~,- Ihe p.rehasc d'l leafing Fuel :: Vqeflari~ ~d npl~d plants
I)ihmd repairsurvieeoo roun 'mix ta~ethe~ at ~g *ra~g~tion. has been published in said Traveler Watchman
of $ontholdownedheafingsys. z6fie. Themerhodolo~r USed to once each week for
terns for Calendar Year 1999.
: Sgecifications for:such bids
may be obtainedat the Office ~f
the Southold Town Clerk, Towfi
Hall, 53095 'Main- Rbad, '
· Southold, New YOrk 1'i~7 I_
.qealed hi~s. tovclhci .~'lh. a
Non-Collu~i~c L~.l~'l Cc[[[lica c
an a akdml~orcer[qied
: ' ' . chick
in the amountof $ I00.00, will be
· received by the T6wn Clerk at
deterrnme this botmdarv shall be
the same methodoloav utilized ........................................................................ weeks
m the N;Y.S.D.E.C. Technical
, ~. ~tla. r ut is ~effe uh.,re-lwl~0 ~ ............
cent ~etlan& :~nis.-the '~ex~ 'i
concena-i¢ ~g ShoWS an area of
75 nercentweflandanecies, and ': .'-
~ out, rind i~ a 50 ~ercen. t mix'
Sworn to before me this ...... ~..~.. ............ day of
.................. ..............................
Notary Public
BARBARA A. SCHNEIDI~
NOTARY PUBUC, Stat~ of New York
No. 4806846
I~ualified in S u ffolk C~om)~ ,/
Comm~ .Expires ~0