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Home My WebLink AboutSetbacks for bulkheads and bluffs „ •''gip?• S00- - OFFICE LOCATION: •' 4 O - MATTING ADDRESS: Town Hall Annex �� .' l0 P.O. Box 1179 54375 State Route 25 * Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) �ly �pQ'S Telephone: 631 765-1938 - Ai Southold,NY 11971 ` i .__. .i0i LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, AICP Principal Planner LWRP Coordinator Date: November 20, 2015 Re: Local Waterfront Revitalization Coastal Consistency Review for the "A Local Law in relation to Amendments to Chapter 275,Wetlands and Shoreline, and Chapter 280, Zoning, in connection with building or structure setbacks from bulkheads and bluffs” The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing,its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney OFFICE LOCATION: 04, MAILING ADDRESS: Town Hall Annex I� c SDUTy_ P.O.Box 1179 54375 State Route 25 •�0� 0, Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY ; ,fig * 1 Telephone: 631 765-1938 www.southoldtownny.gov ICOUNT{ 11 illi siiii 009 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth A. Neville, Town Clerk From: Donald J. Wilcenski, Chairman Members of Planning Board Date: November 20, 2015 Re: A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline, and Chapter 280, Zoning, in connection with building or structure setbacks from bulkheads and bluffs" Thank you for the opportunity to provide comments on the above referenced proposed Local Law. The Planning Board supports the adoption of this.legislation. cc: Scott Russell, Town Supervisor Members of the Town Board Assistant Town Attorney OFFICE LOCATION: I', - MAILING ADDRESS: Town Hall Annex •01 QF SO(/Ty— P.O.Box 1179 6.e 54375 State Route 25 �• .�� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) d Southold,NY 311 Telephone: 631 765-1938 � � N www.southoldtownny.gov ..s •.' PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Supervisor Members of the Southold Town Board From: Mark Terry, AICP Principal Planner LWRP Coordinator Date: November 20, 2015 Re: A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline, and Chapter 280, Zoning, in connection with building or structure setbacks from bulkheads and bluffs" The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5c(20) and 617.5(c)(27) , the action, as proposed, is a Type II action and therefore not subject to SEQRA review. 617.5(c)(20) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment;" 617.5(c)(27) "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list;" Cc: William Duffy, Town Attorney Sob Michaelis, Jessica ( �� -� (2J ) ) PP)1 ` 1 �� •� - From: Silleck, Mary Sent: Friday, November 13, 2015 11:17 AM To: Hydell, Carol; Michaelis,Jessica NOV 8 2015 1--1) Subject: FW: LL 275-3 and 280-116 Attachments: LL 275-3 and 280-116 Amendment.doc Southold Town Planning Board I should of copied you on this . sorry • From: Silleck, Mary Sent: Friday, November 13, 2015 10:25 AM 0 To: Lanza, Heather Cc: Kiely, Stephen Subject: RE: LL 275-3 and 280-116 Sorry here is the attachment From: Silleck, Mary Sent: Friday, November 13, 2015 9:37 AM To: Lanza, Heather Cc: Kiely, Stephen Subject: LL 275-3 and 280-116 Heather, here is the Amendment to Chapter 275,Wetlands and Shoreline, and Chapter 280,Zoning, in connection with building or structure setbacks from bulkheads and bluffs" for your review and comments. Thank you. Mary Silleck Secretary to the Town Attorney Town of Southold Southold Town Hall Annex 54375 Route 25 (Main Road) P.O. Box 1179 Southold, New York 11971 Office: (631) 765-1939 Fax: (631)765-6639 1 • WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 4t' day of November, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275,Wetlands and Shoreline, and Chapter 2801 Zoning, in connection with building or structure setbacks from bulkheads and bluffs" . RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 1st day of December,2015 at 7:30 p.m at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 2751 Wetlands and Shoreline, and Chapter 280, Zoning, in connection with building or structure setbacks from bulkheads and bluffs" reads as follows: LOCAL LAW NO. , 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline, and Chapter 280, Zoning, in connection with building or structure setbacks from bulkheads and bluffs" . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has determined that there exists in the Town Code certain conflicting setbacks for waterfront property. The Town Board finds that in order to create uniformity in the Code, Chapter 275 and Chapter 280 shall be amended so that waterfront setbacks are consistent and duplicative administrative review is reduced. II. Chapters 275 and 280 of the Code of the Town of Southold is hereby amended as follows: $275-3. C. Jurisdiction. The following areas are subject to protection under Chapter 275 of the Code of Southold. [Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No. 12-2012] (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; k f (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above; (6) All Town waters. D. Setbacks. [Amended 10-11-2005 by L.L.No. 17-2005] (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [1] Residence: 100 feet. [2] Driveway: 50 feet. [3] Sanitary leaching pool (cesspool): 100 feet. [4] Septic tank: 75 feet. [5] Swimming pool and related structures: 50 feet. [6] Landscaping or gardening: 50 feet. [7] Placement of C &D material: 100 feet. (b) Top of bluff. [Amended 10-9-2012 by L.L.No. 12-2012] [1] Residence: 100 feet. [2] Driveway: 100 feet. [3] Sanitary leaching pool (cesspool): 100 feet. [4] Swimming pool and related structures: 50 feet 100 feet. (2) The Board of Trustees reserves the right to waive or alter these setbacks where site-specific and/or environmental conditions justify such action. §280-116 Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings or structures located on lots adjacent to water bodies and wetlands: -2- • • A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. a bluff or a bank as defined in Chapter 275 of the Southold Town Code. (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff er-bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank. - . . -- ..• . . .•. . •- _ . :section A(1)hereof, all buildings or structures . . _ . ..•. . ... _ . .. . - .. ee -- - - : : . . . _ water mark of said sound. (3) Buildings or structures which are proposed landward of existing principal dwellings shall be exempt from the requirements set forth in Subsection A(1)and(2)hereof. •. A ..• . . . . - . . . . . . .. .. - . .. . - .:, - -- - - , - • - - (1) Buildings which are proposed landward of existing buildings. _ - .. - .. ._ _ .. : . .•- : . : . -- :.. : : accessory and separate from existing buildings or accessory structures. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. -3-