Southold Town bans new docks at some waterways, despite backlash

Southold Town has set stricter limits on where new docks and swimming pools can be built in an effort to protect shoreline access and water quality, despite opposition from waterfront homeowners who said the changes went too far.

The new law expands setbacks for pools and bans new docks at nine waterways, mostly freshwater bodies including Laurel Lake. The town board voted 5-1 to approve the changes on Wednesday, about a month after a public hearing set off a debate over property rights and environmental protections.

Town trustees proposed the changes in response to development trends they observed at field inspections. The five-member body manages public access to waterways and reviews development activities within 100 feet of wetlands, beaches and bluffs. 

Under the new regulations, swimming pools must now be 60 feet from wetland boundaries, and 100 feet away if they include a retaining wall two feet or higher. The previous setback was 50 feet. The town board must vote on the trustees' policy recommendations for them to take effect.

The measure also adds nine ponds and lakes to a lengthy list of water bodies where new docks have been banned since 2007, according to board of trustees president Glenn Goldsmith.

“I don’t think that the trustees have ever issued a new permit for a new dock in any of these locations,” Goldsmith said at a town meeting earlier Wednesday, adding that residents can still access these areas to kayak and fish.

“It’s just that cumulative impact of putting more structure on distressed water bodies: habitat fragmentation, loss of wildlife habitat ... We protect and save what we have left,” Goldsmith said.

Councilwoman Jill Doherty, who previously served as a town trustee, cast the lone vote against the measure because of the dock prohibition.

“When I was a trustee, we allowed narrow catwalks — elevated, open grating so things can grow under it,” Doherty said Wednesday. “There’s disturbance to the wetlands during construction, but once that’s constructed, the marine life and everything else underneath is not disturbed.”

Trustees and environmental advocates said the restrictions are key to protecting fragile ecosystems as well as unspoiled water vistas for public access.

Opponents argued that docks can minimize harm and ensure that people aren't walking over wetland vegetation to fish or launch kayaks.

“This is a maritime community, which is part of the allure and economy of this area,” Southold resident John Pitman told town board members at a recent hearing. He said properly designed docks should be a compromise.

The regulations also require dock owners to seek town approvals more frequently for repair or maintenance work.

Currently, residents can repair up to 75% of an existing dock structure without a permit. An earlier proposal sought to lower the cap to 25%, but trustees and town board members struck a compromise at 50%. Officials said that reduces some red tape to allow for annual upkeep.

Supervisor Al Krupski, another former town trustee, said there’s a “tremendous” level of development pressure on the shoreline and upland development, including docks, swimming pools and home construction, that directly impact wetland areas.

“You can’t separate the two,” Krupski said at the meeting. “All these structures impact not only the environment, but also public access to those water bodies for future generations.”