Double Whammy
February 14, 2010 by John Betsch · 3 Comments
Current Southold Town code defines a bluff or a bulkhead and a lot line so an owner needs to go to both the Trustees and the ZBA to be granted relief from setbacks for waterfront properties. The problem with this duel jurisdiction is not just time and money but, receiving two different answers. There should be no reason to include the ZBA in this process since the setbacks are for environmental reasons, not balancing interests between owners and neighbors like side-yard setbacks; Inconsistent decisions and “ping-pong” applications are the effect of the dual Trustee/ZBA jurisdiction. The Trustees already incorporate the rule that if your neighbors are further back on the bluff/wetlands then you cannot extend toward the water to the detriment of your neighbors. This protects the views of neighbors…”protects the character of the neighborhood” which comes directly from the standard of “area variances” (ZBA).
The Town Code currently requires in the zoning ordinance [Section 280] that all structures must be set back 100 feet from Top of Bluff on LI Sound and 75 feet from Bulkhead (if not on LI Sound). This requires property owners to obtain “setback” variances if the house is less than 100 feet/75 feet. The Trustees in 275 (section of Trustees 275-wetlands) require wetland permits if the house is within 100 feet of wetland or top of bluff. This is not a variance but a wetland permit. Confusing?
We feel that eliminating the ZBA from setback to water issues when this jurisdiction was granted to the Trustees would definitely be an improvement to the regulatory process and maybe no longer that “double whammy” that applicants get. Think about it.
This was discussed at the Town’s LWRP meeting on Febrruary 25th. A meeting is being arranged between the ZBA and Trustees to discuss the issue. Let’s see what comes of that meeting!
Speaking only for myself and not my fellow Trustees, I agree that this is an issue and feel that it needs to be addressed. The Trustees suggested that this issue be addressed several years ago. Unfortunately while a meeting has been called, the Trustees are only allowed to send two representatives to the meeting, not the entire Board. To have more then two Trustees present makes this a “public meeting” which must be posted and in which others can attend. So the two Trustees will need to bring information back to the entire Board for a discussion and a recommendation.
Dave
BEHIND CLOSED DOORS…Last Friday 3/19th, there was meeting of some Trustees, Zoning Board Members and Town Attorneys. I attempted to sit in to listen to the discussion but was not allowed to attend. Apparently the “Sunshine Law” was not applicable. While it is true the letter of the law was followed (not having a quorum of these boards attend to avoid public attendance) but from my viewpoint, not the intent of the law. It would seem that to come up with a workable and sellable solution, public input would have been welcome. Apparently not the case…