HomeMy WebLinkAboutSetbacks 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
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Southold,NY 11971 `
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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
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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
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N www.southoldtownny.gov
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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
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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;
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(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:
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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.
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