PROPOSED TOWN CODE CHANGES THAT BETTER DEFINE BANKS AND BLUFFS

     Tuesday evening, at a Southold Town Board hearing, amendments to Chapter 275 Wetlands and Shorelines were proposed to better differentiate wetlands and shorelines and zoning differences between banks, which are usually applied to creek front properties, and bluffs, which are usually ascribed to sound front and bay front properties.

          

    Existing code definitions were modified a few years back where creek front banks with less precipitous slopes were combined with bluffs, a term used to define the more acute slope and usually at a higher elevation.  Although this distinction may not appear to be significant, it created problems for creek front property owners, seeking permits because they were being subjected to rules that were much more rigid based on the higher, steeper elevations.

         

     In addition, amendments were proposed Chapter 280 Zoning to include the definition between banks and bluffs to correct the unintended problem created  by the code modification in 2015.

           

     We applaud the Town Board, Zoning Board and Board of Trustees for their responsiveness and correction of the “unintended consequences” of  the existing code with the combined definitions. 

           

     We believe, the amendments need some refinement as noted by several experts who spoke at Tuesday night’s public hearing.  They pointed out, among other things, a need for additional definitions for “toe” and “top” of bluff, and consideration of revising the “slope” and “height” definitions of bluffs, as well as modification of  setback revisions which still places a burden on waterfront homeowners whose homes were built under a different code.  We urge Town officials to come up with an innovative way to “grandfather” existing properties and make new setbacks prospective. 

          

     Only with practical application of new code provisions to existing properties, can we avoid unintended, heavy burdens on the property owners when they need to repair or revise their existing structures.  

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