HomeMy WebLinkAboutWetlandsMINUTES OF MAY 11, 1971
The Southold Town Beard met at the office of Supervisor Albert Martoc~hia,
16 South Street, Greenport, New York, on Tuesday, May 11, 1971, at 3:00
P.M. with the follewing present:
Supervisor Albert M. Martocchia, Councilman Howard Valentine,
Councilman James Rich, Justice Martin Suter, Justice Louis
Demares~, Town Attorney Robert Tasker, Supt. of Righways
Raymond Dean, and Town Clerk Albert Richmond.
Absent: Justice E. Perry Edwards.
Moved by Justice Suter, seconded by Councilman Rich, it was
RESoLVEb: That'tke minutes of April 20, 1971, and Special Meeting of
May 4~!i'i97i be and they hereby are approved. '
Vo~e 0f~e Town~ Board: Ayes: Supervisor Martecchia, Ceuncilman Rich,
Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Councilman Valentine, seconded by Justice Suter, it was
RESOLVED: That the next meeting of the Southold Town Board will be held
at ~he~ffice of Supervisor Albert Martocchia, 16 South Street, Greenport,
N~W Yo~k, on' May 25, 1971 at 3:00 P.M.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich,
C0uncilman Valentine, Justice Suter, Justice Demarest.
Moved by Councilman Valentine, seconded by Councilman Rich, it was
~ESOLVED: That the public hearing of the Long Island Lighting Company
to he'held at 3:00 P.M. as advertised, with the consent of the repre-
sentative from the Long Island Lighting Company, be and hereby is
postpen~d until 4:30 P.M.
Vote of~ th'e ~own Board: Ayes: Supervisor Ma~tocchia, Councilman Rich,
COuncil~n" V~lentine, Justice Suter, Justice Demarest.
Moved b~ councilman Rich, seconded by Councilman ~alentine, it was
RESOLVED: That the reports of the Supervisor, Police Department, Building
Inspector, Justice Suter, Fishers Island Ferry District and Town Clerk,
for the month of April 1971 be accepted by the~Town Board and placed on
file.
Vote of.~the~ ~own Board: Ayes:- Supervisor Martocchia, Councilman Rich,
Council~n Valentine', JuStice Suter, Justice Demarest.
Meved byI Councilman Valentine, secended by ~ustice Demar~st, it was
RESOLVED: That a public hearing be held by the Town Board of the Town
of SouthQld~ Suffolk County, New Yerk, at the Supervisor's Office, 16
South S~r~eE~ Greenpott, New Yerk, on the lst-day of-June 1971 at 7:30
e'clock P.M~ of said day, in the matter of the adeptien of the fellowing
ordinance, to wit:
AN~ORDI~ANCE REGULATING DREDGING, FILLING AND
CONSTRUCTION OPERATIONS ON WETLANDS IN THE
TOWN OF SOUTHOLD
ARTICLE I
TITLE, POLICY AND DEFINITIONS
Section 100~ Title
~ This ordinance shall be known and may be cited as~the "Wetlands
Ordinance of the Town of Southold."
SECTION 110. DecTaration of Policy
The Town Board of the Town of Southold finds that rapid growth,
the spread of development and increasing demands upon natural resources
are encroaching upon, despoiling, polluting or eliminating many of its
wetlands, which, if preserved and maintained in an undisturbed and natural
condi~ti~n, censtitute important~physical,~ socials- aesthetic,-recreation and
economic assets to existing and future residents of the~Town-of Southold.
It is the intention of this ordinance to protect the citizens of the
Town of Southold by providing for the protection, preservation, proper
maintenance and use of its wetlands in order to minimize their disturbance,
prevent damage from erosion, turbidity or siltation, salt water intrusion,
loss of fish, shell fish, or other beneficial marine organisms, aquatic
wild life and vegetation and the destruction of the natural habitat
thereof, the danger of flood and storm-tide damage and pollution, and
to otherwise protect the quality of water courses,~wet!ands, tidal
waters, marshes, shore lines, beaches and natural drainage ~ystems for
their conservation, economic, aesthetic, recreation and otherpg~lic
uses and values, and further to protect the potable fresh water supplies
of the Town from the dangers of drought, overdraft, pollution from salt
water intrusion and misuse or mismanagement. Therefore, the Town Board
declares that the regulation of the wetlands.of the Town of So~ho'ld ~iS
essential to the health, safety and welfare of the people ~of the Town v ~
of Southold.
SECTION 120. Definitions
For the purpose of this ordinance, the following teums,
Words, and their derivations shall have the meaning given he~in.~ ~hen
not inconsistent with the context~ Words in the present ~ense include
the future, words used in the plural number include the singular number
and words used in the singular number include the plural number. The
word "shall" is always mandatory and not directory.
(a) Material - shall mean soil, sand, gravel, clay, bog, peat, mud,
or any other material, organic or inorganic.
(b) Operations - shall mean (1) the removal of material f~om '
wetlands; (2) the deposit of material on wetlands; (3) the'ere~tion,~'con-
struction, reconstruction, alteration, or enlargement of any building~
dock, pier, wharf, bulkhead, jetty, groin or other structure, temp-
orary or permanent, on wetlands.
(c) Peak-Lunar Tides - shall mean those excessively high tides
or spring tides caused by lunar gravitational phenomena.
(d) Person - shall mean any person, firm, partnership, association,
corporation, company, organization or other legal entity of any kidd,
including municipal corporations or governmental agencies or subdivisions
thereof.
(e) Tidal Waters - shall mean all waters bordering on or within
the boundaries of the Town of Southold subject to fluctuation in depth
from storm, peak-lunar or normal tidal action and shall inc~u~e~ but
not be limited to, all brackish and salt waters of strsams, ponds, '
creeks, estuaries, bays, sounds and inlets, and may include certain
fresh waters.
(f) Town - shall mean the Town of Southold.
(g) Wetlands - shall mean all lands generally covered or inter-
mittently covered with tidal waters to a depth of~six feet or less,
upon which salt meadow grass (Spartina patens) and/or cordgrass
(Spartina alterniflora) grows, or is capable of being grown.
ARTICLE II
PERMITS
SECTION 200. Permit REquired
Not withstanding any prior course of conduct or permission
gaanted, no person shall conduct operations on any wetlands in the
Town of Southold, unless he shall first obtain a written permit
therefor issued by authority of the Town Board as ~ereinafter provided,
and only while such permit remains in effect.
~SECTISN 210. Application for Permit
A permit may be issued upon the written Verified application of
the person proposing to perform operations on wetlands. The application
shall be s~bmitted to the Town Clerk in quadruplicate. Such application
shall contain the following ~nformation:
(a) The name and address of the applicant and the source of the
applicant's right to perform such operations(e.g, whether applicant is
the owner, lessee, licensee, contractor, etd.). In all cases where the
appl~c~n%~iis~not~the owner of the premises where such~operations are
prop0sed~'~t0 be conducted, the consent of the owner, duly acknowledged,
must be.attached to said application.
(b) The purpose of the proposed operations.
(c) The amount of material proposed to be removed or deposited,
and/or the type, size and location of any proposed structure.
(d) A description of the area from which removal or in which the
deposit of material is proposed, or structures are to be erected. The
description shall be by bearing and distance and shall be based on a
local coordinate system. The starting point of the description shall
be appropriately referenced to a permanent reference point or monument.
(e) The depth to which removal or the deposit of materzal is
proposed throughout the area of operations and the proposed angle of
repose of all slopes.
(5) The'manner in which the material will be removed or deposited,
or structures erected.~
(g) Such application, shall be aCCompanied by a survey and
topographical map with contours at one foot intervals, showing the~ area
from which removal or in which the deposit of materials is proposed, or
in which structures are to be erected, certified by a registered land ~
surveyor or ~egistered professional engineer, licensed by the State of
New York. Such survey and topographical~map shall show'-the soundings
of the area ih which operations are proposed to be conducted. The
horizontal~control of said survey shaT1 be based oh an~approved-lecal
coordinate..system.~.The ver~tical control for elevations and soundings
shatl bebased on United States.Coast and Geodetic Survey datum.
(h) A statement of the effect, if any, on the wetlands and
tidal waters'of the Town that may result by reason of such proposed
operations.
(i) A SZatement describing any prior operations conducted on the
premises in question and whether any prior licenses or permits have been
issued to, erect Structures or'to dredge~or~ deposit fill on .said!prem~ises
and whether~any such per~its or licenseS were ever revoked~.or suspended
by a~governmental agency.
(j) Documentary proof that all other necessary permits and
approvals have been obtained.
SECTION 220. thves~igation of Application
Upon receipt of the application, the Town Clerk shall forward one
copy thereof to the Conservatzon Advisory Council, one copy to the Town
Trustees, and one copyt~o the Town Board. The ~onservation Advisory
Council and ~the-Tow~. Trustees. ~ha. L1 each review said appli~a~tion and the
effect, if any, on the wetlands and tidal waters of the Town that may
result from~ th~ pr6posed~ operations, and shall within 20 days of receipt
of the same, forward its written report of findings and recommenda£ions
with respect to such application to the Town Board. If the Conservation
Advisory Counc~l'or the Town~'Trustees- shal.1 recommend~ t'hat~such appli-
cation be disapproved, the reasons for such diSapproval sha.ll be set
forth in such report.
SECTION ~30. Hearing on Application
Upon receipt by the Town Board of the repo~s qf the Cc~sgrvation
Advisory Council and the Town Trustees, the Town Board shall hold a
public hearing on such application upon not less than 10 days notice
to be published in one or more newspapers hav~nq_a gengral qi~culation
in the Town.
SECTION 240.
~eap~cpn~lf~rheap~n~itther~eBoa~l~ayba~op~ ah~e~®~u~om of
f~meonly if it finds that the proposed operations ~will confou~-to the
standards set forth in Article II, Section 280, hereof.
SECTION 250.
Conditional Issuance of Permit
The Town Board may upon the.adoptiQn of a ~esolutio~.directing
the issuance of a permit:
(a) Impose such c~nditions on the m~n~eu_and.exte~~ o~ the~p~gpg~ed
operations as it deems appropriate. .
.(b) Fix the time by which operations mu~t be qg~me~ce~.and_w~hr
in which they must be completed.
(c) Require the applicant to file with the_~own Clerk a
performance bond in an amount and with sureties and in form to be
approved by the Town Board conditioned upon compliance with the
provisions of this ordinance and with the conditions, if an~, imposed
in the resolution directing the issuance of the permit.
(d) The payment of an inspection fee in an amount to be fixed
by the Town Board.
SECTION 260. Compliance with.Conditions~
The applicant for a permit hereunder shall, Defore the issuance
of said permit by the Town Clerk,. file~ with the Town Clerk ~ond
if the same is required, in an amount and with sureties and in form'
approved by the Town Board,~conditioned on compliance with the
provisions of this ~dinance and with the conditions, if any, imposed
in the resolution directing the issuance of the p~rmit, and a
certificate that the applicant has public liability iQsurance against
any liability which may arise in the performance of the operations
pursuant to such permit in such amount as shall be fixed by the
Town Board. The applicant shall also submit to the Town Clerk an
indemnification agreement in which the applican~shall agree to
assume the defense of and indemnify and. save harmless the Town ~n~
its. officers, agents and employees from any. and_.all claims
ou~ of or connecsed with the opoerations under such permit a~d ~rom
all acts, omissions, or negligence on the part of the app~i¢~nt,.~is
agents or employees.
SECTION 270.
Contents of Permit
Each permit issued hereunder by the Town Clerk pursuant to a
Town Board resolution shall state the following:
(a) .~The name of the Permi~tee.
(b) The date of issuance and expiration of the permit.
(c) Theconditions imposed by the Town Board on.~he issuance of
the permit.
(d) The specific location of the areas to be affected by the
operations of the perm~ttee.
4:,11
(e) A statement that: "The Validity of this permit is or may be
subject to the approval of other governmental or municipal authorities.
The Town accepts no responsibility in applying for or obtaining such
approval, tn the event that such approval is necessary, the holder of
this permit shall not commence operations hereunder until such'approval
has been'obtained in writing. The failure to obtain such other approval
when required shall subject this permit to-immediate revocation bm t~e.~
Town Clerk upon receipt by the Town Clerk of writtennnotice from such
other governmental or municipal authorities.of its~ refusa~l 0r.dis~:~pr0v~l."
Acceptance of the permit is acceptance of this condition.
(f) A statement that: "The applicant does by the acceptance of
this permit, as~e all responsibility for ~operations undertaken pursuant
to this. permit,/shall~take all precautions for the prevention of injuries
to. pemsons and,~roperty resulting from~such operations. By such accept-
ance,, t'he applicant also agrees to indemnify and save harmless the Town,
and its=-officer.s, -agents and employees from,any and all claims arising.-
from operations under this permit and any and all acts or omissions of
applicant?~.his.agents and.~employees." Acceptance of the permit~is
acceptance of this condition. - ..... ~-
(g)~ -A statement that: .... The applica~ and~t%e owner and occupants
of the premises upon which the operations authorized by this permit are
being conducted, do, by the accDptance of this permit, give Consent to
the Town, ~and its officers and employees ta enter upon the premises
where such operations are being conducted to make such inspections ~hat
the Town_,may deem necessary to insure that such operations are being
conducted~in, conformity wi~h this permit." ,
SECTION 280. Standards
The.Town. Boa-rd may~adopt a resolution.~directing the¥issuance of a
permit to perform operations applied for only if it,determines that
such~-operations will not substantially:
(a) Adversely affect the wetlands of the Town.
(b) Cause damage from erosion, turbidity or siltation.
(c) ~-Cause salt water intrusion into the fresh water resources of
the Town ....
2._-T £ ....
{d)~ Adversely~ affect fish, shellfish or other .beneficial. marine-
organimms,~ aquatic wildlife and~vegetation, or-the natural habitat, thereof.
~(e) . Increase.the danger of flood and storm.., tide damage.
_ ~.~f) . Adversely~affeCt~navigation on t-idal-waters or the tidal flow
of-the tidal wate~s~of-the·Town.
(g) Change the course of~ any-channel,-or the natural movement of
flow. or,any waters~. - -
(~) Weaken.~or undermine, the ~]ateral. support of other lands .in the
vicinity~ ' '
(i) Otherwise adversely affedt the health, safety and general
welfare of the people of the Town.
SECTION 290. Assignment of Permit
A perm~ i'ssued pursuant~hereto shall not be transferred ~r assigned,
without~ the pr~or-approval ~f t~e Town--Board,.
SECTION 300.
ARTICLE III
ENFORCEMENT
Enfor~emen~ Officer ......
It-'shall~e~-th~ ~u.t~y Of~-the ~ui~ding Inspector to.:admi~is-te~n~
enforce the-~rov~isie~S-~f %his o~dinance ........ ~ ~
Section 310~ N~tice or-Violation .... ~
Whenever the Building Inspector has reasonable grounds to believe
that operations regulated hereby are being conducted~in:wiclation of
the provisions o'f ~his Ordinance, or not in~-compliance~w~.t~h a~e~m'i~
issued pursuant ~o~this~.ordin~ce, he may notify.the owner of~the~
prope~ty-~or the owner"s a~ent, ~or ,the person p~rfor~i~g~-s~c~ op-er~a~tions
to suspend all~pe~a~io~syia~t~¥ such person s,hall fo~th~thcc~as.e~
operations until such n.otice of violation has be~en rescinded. _ Such
notice shall:b~ inheriting, shall~specify the violation, and shall
saate the conditions which must be complied with and the time within
which compliance must be completed, before operations may be resume~
Such notice shall also inform the person to whom it is directed of
~is righf to a~ply~for-.-'a hearin~ before the Town Board as .hereinafter
provided. Such notice shall be served upon the person to whom it is
directed by delivering~'it to,him personally, or by posting.~t~he~zs~me
~n a conspicuous place on the premises where operations~are'being.
conducted, and mailing a copy there of~to such person by ~egistered.
mail ~o hi~. l~st-~k~owh address~ Th.e~B~ilding Ins~pector~m~y~-exte~d
the time of compliance specified in-the notice of violation, where. ~_
there is evidence of intent to comply with the time specified, and
conditions exist which prevent immediate compliance.'. In~the~e~ent,z~z~
that the person upon whom a notice of violation has been served shall
failto Comply-with'said nOti~e~.within~the time specified~itherei~or
within the~time..specified in any~extension off, time,issued by the
Building Inspector, any permit issued to-such person pursuant~..to this
ordinance shall be deemed revoked.
SECTION 320. Hearing on Violation
Any person affected by a notice of violation issued pursuant to
the preceeding section hereof, may request and shall be granted a
hearing before the Town Board, provided such person shall file a
written request thereforewith the Town Clerk within 10 days after
service off'the notice of viola%ion. Such~request shall-have annexed
thereto a copy~of the~-notice,~of violation upon which a~hearing~,is~ ~
requested and shall set forth the reasons why such ~ie~io~ violation
should be modified~or rescinded. The Town' Clerk shall present such
request to the Town Board at its next regular meeting. The Town Board
shall set a time and place for such hearing and shall give.the person
requesting the same at least 5 days notice of the time and place thereof.
At such hearing, the person requesting the same, or his representative,
shall be g~ven an opportunity to show cause why such notice of vio-
lation should be modified or rescinded. After such hearing, .the Town
Board may sustain, modify or rescind such notice of violation, or
~e.voke any permit, previously issued and shall specify,-the reasoms~
therefor. The notice of violation for which a hearing is requested
shall continue in effect pending the hearing and determination of the
To~n Board~ · ~ . .-
SECTION 330. Penalties
For every violation of the provisions of this ordinance, or for
a failure %o comply with a notice'of violation-.is-sued by the~B~ilding
Inspector, the owner, builder, ,con~trac%or, or ~hei~r age~ts-, o~_ anyc
person who commits, takes part in, or assists in any such violation,
or who shall fail to comply with a notice of violation issued by the
Building Inspector shall be guilty of a violation, and upon conviction
shall be punishable by a fine of not more than five hundred ($500.00)
dollars or imprisonment for a period not exceeding fifteen (15) days, or
both such fine and imprisonment. Each da~s continued violatzon shall
ARTICLE IV
FEES AND MISCELLANEOUS PROVISIONS
SECTION~400. Fees
Every application for a permit filed with the Town Clerk. Shall be
accompanied by a filing fee of twenty-five ($25.00) dollars, no portion
of which shall.be refundable.
In addition to the filing fee, the Town Board, upon the adoption
of a res01ut~on-authorizing the issuance of a permit, shall determine
the amount of the inspection fees to be paid by the applicant to the
Town Clerk upon the issuance of a permit, such fees being determined
by the~number of inspections required during operations.
SECTION 4t0. -Exceptions
The provisions of this ordinance shall not affect or prohibit the
ordinary and usual mosquito control operations conducted by any public
authority, nor ordinary and usual operations incidental to the cultivation
and/or harvesting of fish and shellfish.
SECTION 420. Waiver
The Town Board, upon request of the applicant for a permit, may
waive in whole or in part, the provisions of Article II, Section 210,
Subdivisions (d) and (g) where it f~ds that the nature of the proposed
operations are such that the requirements of such provisions are not
necessary for a proper consideration of a permit application.
SECTION 430. Severability
I~ any clause, sentence, paragraph, section or article of this
ordinance shall be adjudged by any court of competent jurisdiction to
be invalidr such judgment shall not impair or invalidate~the~remainder
hereof, but such adjudication shall be confined in its operation to the
clause, sentence, paragraph, section or article directly involved in
the controversy~ in which judgment shall have been rendered.-
SECTION 440~ Effective Date.. ._
ThiS ordinance shall take effect immediately.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rihh,
Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Councilman Rich, seconded-by Councilman-.Valentine,
WHEREAS a new road has been opened extending Traveler Street to Hortons
Lane, Southold, New York; it is
RESOLVED: That this highway from Youngs AvenUe to Hortons~-Lane shall
be known as Traveler Street. ·
Vote of the Town Board: Ayes:- Sypervisor M~bt~ah~ia, 'C~uncilman~R$ch,
Counc.il~an Valentine, Justice'Suter, Justice Demarest.
Moved by. Justice Demarest, seconded by Councilman.Valentine,
RESOLVED: That Kenneth Tabor, Orient, New York, be and he hereby is
appointed to the Board of Housing Appeals, Town of Southold, for a three
year term ending January 9,~1974, to serve at the pleasure--of the Town
Board. ~ ~
Vote of the Town Board: Ayes: Supervisor Mattocchia, Councilman Rich,
Councilman-Valentine= Justice Suter, Justice Demarest.'
Supervisor A~bert Martocchia advised the Board that he appointed John
Lademan, Anthony Blados, and Matthew Martin, Chief and Assistant Chiefs
of the Cutchogum Fire D~pa~tment to act as Fire Wardens for Robins
Island, said appointment being made pursuant to Section 29, Subdivision
12 of the Town Law and Section 52, Subdivision 3 of the Conservation Law.
Councilman Valentine, a member of the Town Board is hereby designated as
Superintendent of Firest of the Town/of- Southold for the ensuing year
to act in case of the absence of the Supervisor.
Moved by Justice Suter, seconded by Councilman Rich;
RESOLVED: That the Town Board of the Town of Southold~ recommend~..~t~..-
passage of Bill No. ~502, 1971-1972 Regular Session~, in Assembly,
State of New York, April 6, t971, as-follows:
AN ACT
To amend chapter two hundred thirty-four of the laws~of nineteen
hundred seven, en~£tiled "An Act to authorize the formation of a park
district in the town of Southold, Suffolk County, to acquire lands for
park purposes, and-to issue bonds therefor", in relation to the~powers
of the park commissioners.
The P~ople of the State of New York, represented in Senate and
Assembly, do enact as follows:
Section 1 Chapter two hundred thirty-four of the laws ~of~ nineteen
hundred seven, entitled "An Act to authorize the formation of a park
district in the town of Southold, Suffolk County, to acquire lands for
park purposes, and to issue bonds therefor", is hereby amended by'adding
thereto a new section, to be section-seven-a, to read as follows:
7-a. Power of park commissioners. ~, In addition to the powers
heretofore granted to them, the park commissioners shall, ha~ the power
to acquire land within the boundaries of the district by purchase oX by
unconditional or conditional grant, gift or devise. No such acquisition
by,purchase shall be undertaken until authorized by a majority vote of
the resident tax payers of the district v0~ing upon a~proposition sub-
mitted at a special meeting duly calle~ for the purpose.
2. Also, the park commissioners shall have the power to operate
public marinas, to rent mooring berths for boats, to ren~ can~es, sions..~
and to charge admission fees and establish such rules and regulations
as they may deem reasonable and,proper for the use and maintenance
of park andr~ecreation facililies, and to maintain and operate vehicle-
parking facilities and ~o charge for the-use-thereof either by m~ter
or otherwise; to maintain and operate golf courses, driving ranges
and ice skating rinks and to charge for the.use thereof; :~o rent,out
portions of property for terms no~ exceeding five years, ~nd to-borrow
money pursuant to the provisions of the local finance law when authOr-
ized by a majority vote of the resident taxpayers of said di.s.t~ic-~.'~ ......
voting upon a proposition submitted at a special meeting duly called
for the purpose.
2. This act shall take effec~ immediately. - ~
Vote of the Town Board: Ayes:- n Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest. --~
Moved by Justice Suter, seconded by Justice Demarest,
WHEREAS, Fred Lawson, applied to. the Town Clerk for a s~ngle traile~
renewal permit dated May 27, 1971; -
~OW.~: THEREFORE, BE IT RESOLVED: That the.;application of Fred Lawson
to locate a single trailer on the s~uth side of Sound Aven~e, Mattituck,
New York be and hereby is granted fo~ a period of six (6) months.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rick'.,
Councilman Valentine, Justice Suter, JustiCe Demarest.
Mo~ed by Councilman Valentine, seconded by'Councilman Rich,
WHEREAS, Oscar Goldin applied to the Town Clerk for a single trailer
renewal permit dated May 24, 1971,
NOW, THEREFORE, BE IT RESOLVED: That the application.~f.Oscar~oldin
to locate a single trailer on Lot No. 60, Greenport Driving Park,
Linnet Street, Greenport, New York, be and hereby ms granted for a
period of six (6) months.
Vote of the Town Board: Ayes: Supervisor l~artocchia, Councilman
Rich, Councilman Valentine, Justmce Suter, Justiee Demarest;