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HomeMy WebLinkAboutDGEIS SCIS PH 6/19/03 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 TOWN OF SOUTHOLD COUNTY OF SUFFOLK TOWN BOARD STATE OF NEW YORK --------------------------------------------x TOW N o F SOU THO L D PUB L I C H EAR I N G In the Matter of, THE DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT of SOUTHOLD COMPREHENSIVE IMPLEMENTATION STRATEGY --------------------------------------------x Southold Town Hall 53095 Main Road Southold, New York June 19, 2003 7:30 p.m. Board Members Present JOSHUA Y. HORTON, Supervisor THOMAS H. WICKHAM, Councilman JOHN M. ROMANELLI, Councilman WILLIAM D. MOORE, Councilman CRAIG A. RICHTER, Councilman GREGORY F. YAKABOSKI, Town Attorney ELIZABETH A. NEVILLE, Town Clerk COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 2 SUPERVISOR HORTON: Good evening, and welcome to the Public Hearing on the Draft Generic Environmental Impact Statement. We'll begin the meeting, please rise and join with me in the Pledge of Allegiance. (Whereupon, all rose and joined in the Pledge of Allegiance. ) SUPERVISOR HORTON: We will commence this Public Hearing prior to opening it. A brief explanation for you. The first hour will be dedicated to an explanation of what the Draft Generic Environmental Impact Statement is, and what's included in it and some of the text incorporated within that document. And that will be led by a group of people that are sitting in front of me facing you. I'll actually turn this over to Councilman Wickham to open this Public Hearing. COUNCILMAN WICKHAM: This is to certify that the following resolution, Number 349 of the year 2003 was adopted at the regular meeting of the Southold Town Board on June 3, 2003. Whereas, the Board has assumed lead agency status in the review of the above referenced action and for the purpose of compliance with the State Environmental Quality Review Act, SEQRA and would be necessary and issue -- COUNCILMAN ROMANELLI: I see people making noise. COUNCILMAN WICKHAM: Can everybody hear me? That's unusual. Let me start again. How's this; is this any better? MEMBERS OF THE AUDIENCE: Yes. COUNCILMAN WICKHAM: Whereas, the Town Board has assumed lead agency status in the above-referenced action, the action being the preparation of a GElS, for the purpose of compliance of the State Environmental Quality Review Act, SEQRA; And whereas, the Board found that a Generic Environmental Impact Statement would be necessary and issued the appropriate determination via a positive declaration to require such document for the proposed action, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 3 considering that the recommendations may result in potential impacts, which may include cumulative and/or generic impacts; And whereas, the Board is familiar with the scoping processes outlined in SEQRA; And whereas, the Board held a public Scoping meeting on January 29th of this year, Southold Town Hall, hearing room a period of 10 days were provided following the public Scoping meeting to allow for submission of written comments; And whereas the Board accepted the final scope as complete on April 8th; Whereas the Draft GElS has been prepared in conformance with the final scope. I think many of you have seen the copy of this draft that's now under consideration. Whereas, the Board has reviewed the document and determined that it conforms to the required content as stated in the final scope and is therefore adequate for public review and comment. Now, therefore, be it resolved that the Town Board hereby accepts the Generic Environmental Impact Statement after due deliberation and review of the prepared documentation for the purpose of public and interested agency and party review; And be it further resolved that the Board hereby directs the Town Clerk to file a notice of complete Draft EIS and Notice of Public Hearing in accordance with the notice of filing requirements. So, be it further resolved that the Board hereby sets the hearing date for the Draft GElS at a special Town Board Public Hearing on June 19th at the Southold Town Hall hearing room, at which time the hearing will start with a public information session on the proposed action and the DGEIS documents from 6:30 p.m. to 7:30 p.m. followed by an opportunity for the public to comment on this, on the DGEIS beginning at 7:30. Comment period will remain open and the hearing will be continued on June 23rd at 4:30 p.m. and again on June 24th at 7:00 p.m. At least ten days will be provided for written comment after the close of the Public Hearing. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 tit 3 4 5 6 7 8 9 10 11 12 13 tit 14 15 16 17 18 19 20 21 22 23 24 e 25 4 Be it further resolved that the Board hereby authorizes and directs the Town Clerk to file the Notice of Public Hearing in at least one local newspaper at least 14 days prior to this Public Hearing. She has done that; in fact, we have filed it with two newspapers. There have been a number of other efforts to publicize this GElS. It's on the web; is it not? It has also been made available two copies each to all the libraries here in the Town of Southold. There have been other distributions. I know my copy has been photocopied several times for various people; so there's a lot out there. I don't have much written comment yet because this is just the beginning. The only comment I actually have on this so far is a letter to the Board from the Krupski family. I'll just quote from them that, "We object to the use of our picture in the Draft Environmental Impact Statement. "This picture represents an endorsement of a document that seeks to destroy the rural quality and agricultural heritage of the town. "This does not accurately portray agriculture, but instead would undermine and eliminate it as it exists today. "We, the undersigned in the family, demand that all pictures, images and specific references to our pumpkin farm be immediately removed from all drafts." And that's basically the only comment in writing that we have before us tonight. And I think, Mr. Supervisor, we can turn it over to the team to outline to us what's in the document. SUPERVISOR HORTON: Thank you, Councilman Wickham. As mentioned, Councilman Wickham, in his reading of that formal resolution, that this is the first of three public hearings to be held on this document; tonight being the first, the 23rd and 24th, all being here at the Town Hall, as well as there will be a period of ten days for the public to provide written comments to the Southold Town Board on this document. At this point, we're going to COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 5 spend the next 45 to 60 minutes hearing from, I'll announce from left to right, Melissa Spiro, Chick Voorhis, valerie Scopaz and Patrick Cleary, all of whom were basically made up the moratorium team that did a lot of the research and work that went into this document; and they're going to spend the next hour or so explaining what this document is as a Power Point presentation to accompany it. And I will now turn it over to Chick Voorhis prior to public comment. When we do have public comment, after this portion of the meeting, I do ask, and I will repeat this probably time and time again, that when you approach this Board from the podium at the front of the room, you speak cleary from the microphone so we can keep an accurate public record. State your name and the hamlet in which you live for our public record, as well as, if you could, please, write your name and hamlet on the clipboard that's provided on the podium there. So, Chick, the floor is yours. MR. VOORHIS: Thank you, Supervisor Horton. My name is Charles or Chick Voorhis. I'm a member of the moratorium team and the Town Board has asked us to prepare some information on the work that has taken place to date and to outline the procedures, again, that will be followed during the course of the hearing, after which we will open it for public comments. We're going to go through kind of a who, what, when, how, where, why type of scenario to give you some background, and as part of the how part, we will go through some of the key elements of the Draft Generic Environmental Impact Statement, emphasizing these with Power Point presentations to assist with understanding. The beginning here, we're going to have Valerie just talk a little bit about the moratorium, some of the background that brought us to this point, and the parameters for that moratorium. MS. SCOPAZ: you all hear me? Yes. Thank you Chick, can Okay. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 6 As you know, last year I asked for a moratorium and in August of 2002 the Town Board enacted this moratorium. It's been in effect since that period of time. Basically, the moratorium only affects subdivision applications that are of major or minor types of applications. There were some exceptions to the rule. If you had some types of preservation projects you were allowed to go through or line applications or certain types of set offs. The moratorium did not cover commercial site development. It did not cover issuance of building permits. It was simply the applications before the Planning Board for subdivision of land for residential purposes. Chick is going to go and give you more background about what we are going to do here tonight. MR. VOORHIS: Basically the action that's here before us tonight is known as a Comprehensive Implementation Strategy. And I'll just read from the scope so that it's clear exactly what that action is. "The action involves the evaluation and more appropriate the implementation by the Southold Town Board of the recommended planning and program tools and measures as described in the planning studies undertaken within the Town over the past 20 years. "The study's plans and recommendations have been reviewed in terms of current needs and Town goals to achieve the Town's vision as articulated in these 19 plans and studies as reviewed as part of the strategy. "These recommendations were consolidated and summarized to be considered by the Town Board for implementation in the form of amendments to Town procedures, the Town Code and various Town regulations in conformance with the Town's master plan. "As a result, the proposed project involves legislative changes and with no physical activities specifically proposed. "The Town Board intends to COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 . 25 7 initially consider all prior recommendations with an emphasis on those that protect farmland and open space, promote affordable housing and preserve natural resources. The Board may prioritize, narrow down or select implementation tools that best achieve the goals of the Town." This section is really brought out -- this section is discussed in great detail. In Section 1 of the Draft Generic Environmental Impact Statement identifying those tools, the Town's goals and specifically laying out the proposed project that was considered. Now the Draft Generic Environmental Impact Statement, also known as the DGEIS, is an information gathering document that is intended to clearly describe the project, the existing environmental conditions, the proposed or future environmental conditions or impacts due to the project, and also to examine mitigation of potential impacts and explore alternatives to an proposed action. So that is what we're considering tonight, and that is what is in the various sections of the document. MS. SCOPAZ: Thank you, Chick. The next question that might be in your mind is who is involved in this process. As you see here we have Town Board members. We have Town Board members here; they're the lead agency. We have two councilmen of the Town Board, who are liaisons between the moratorium team and the Town Board, that is Councilman Tom Wickham and Councilman Bill Moore. Throughout the whole process we kept in touch with the Town Board through our liaison councilmen, and also through actual work sessions with the Town Board. All the members are here tonight to receive your comments on this draft document. The team itself, we're going to introduce ourselves. We're a mix of people from the legal, planning and environmental professions. Two of the members are not here, that's Lisa Kombrick and Jim Gesualdi, both of COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 8 them are attorneys. Lisa Kombrick is an attorney with extensive experience in Southampton Town. She's now in private practice. She was instrumental in helping Southampton Town implement their version of the proposed rural incentive district. The other person, Jim Gesualdi, is an accredited member of the American Institute of Certified Planners. He's also an attorney at law, and he has a specialty in land use, planning and zoning matters. He is a member of several professional organizations, and he's been recognized by the American Bar Association for his work in this area. I'm going to ask Melissa to give her own bio. MS. SPIRO: Thanks. Melissa Spiro, I'm a planner, have a Master's in planning from the University of Rhode Island. I've been working in the Town of southold since 1988. I started working here for the Planning Board. My main focus was on the subdivision process and reviewing, and I work very closely with the peconic Land Trust on a lots of subdivisions. I also worked closely with Valerie Scopaz and the Peconic Land Trust on the 1999 Farmland Inventory and Protection Strategy. And in the year 2000, the Town Board created a land preservation department and it was sort of a natural occurrence for me to be transferred over to that department, and I've been head of that department since it was created. Thanks. MR. VOORHIS: Chick Voorhis once again, and my background is varied. I started in environmental science, specifically environmental geology at Southampton College, and later I gained a Master's degree in environmental engineering at Stony Brook University. I have been employed in government for ten years, including the position as Director of Environmental Protection for the Town of Brookhaven overseeing implementation strategies, wetlands programs, wildlife protection, environmental review and project review. I started in consulting practice COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 . 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 . 25 9 in 1988 and have had several different firms, most currently the firm of Nelson, Pope and Voorhis. I'm a member of the American Institute of Certified Planners, which is a nationwide exam given by the American Planning Association, and I'm also a Certified Environmental Professional. MS. SPIRO: Patrick. MR. CLEARY: My name is Patrick Cleary. I'm a planner. I'm one of the planners on the team. I've been a practicing planner for about 23 years. I am the principal of Cleary Consulting; we're a planning firm located in Northport in Suffolk County. Prior to the inception of the firm in 1990, my experience was in municipal planning and private consulting as well. My undergraduate degree is in environmental science. My Master's degree is in planning from the University of Massachusetts. I also am a member of the American Institute of Certified Planners. I am a licensed professional planner in the State of New Jersey. I am a member of American Planning Association, Oberland Institute, American Society of Consulting Planners, and host of other professional organizations. I'm on the national board of the American Society of Consulting Planners and our firm does work for municipal clients primarily throughout the entire metropolitan region. MS. SCOPAZ: Thank you. For those of you who don't know me, I'm Valerie Scopaz. I'm with the Southold Town Planning Department since 1987. I've been in the field since 1979, prior to working here in Southold, I worked in various planning and zoning positions for the Town of Smithtown Planning and Community Development Department, and prior to that as a consultant for Long Island Regional Planning Board on the Waste Water Management Plan. Other work experiences include research and writing for the Preservation Foundation in Washington D.C. on various coastal and groundwater resource protection issues, and I'm reviewing environmental impact statements for federally funded transportation COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 10 projects at the U.S. Department of Interior in Washington. I've also had the opportunity to travel to China as part of a people-to-people international planning delegation and to Scotland as part of the U.S.-U.K. Countryside Stewardship Exchange. I'm also an accredited member of the American Institute of Certified planners and also a member of the American Planning Association and the New York Planning Federation. Our reason for giving you this background is just to let you know who we are and what we do, so you have some idea where we're coming from. I also want to mention to you -- SUPERVISOR HORTON: Valerie, as a note, we would like to start the Public Hearing portion at 7:30 promptly. MS. SCOPAZ: We have, as part of this project, we have pulled in together the work of the Town geographic information system staff, planning staff and other support staff. There has been an ongoing dialogue between the moratorium team and different department committees within Town Hall. We have met with the representatives of the Planning Board, Zoning Board and the Trustee Board, and we have talked with department heads and members of the highway, engineering, assessors building, building department and code enforcement officers. We have also talked with the Suffolk County Health Services and the Suffolk County Water Authority. This document has been circulated to many other public agencies in part of this review process, so we will be getting input from them as well as from you. This is for the public input, there's no final decision being made tonight. There is no policy decisions being made, no recommendations being made. The next part of the presentation Pat's going to go into some of the requirements that we are required to fulfill. MR. CLEARY: That's right. Why this format and why this tool and why this convenient document. The Town Board, serving COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 11 as the lead agency in considering this group of action is required to address the State Environmental Quality Review Act. It's a law that requires a decision-making body to take a hard look at the environmental -- the potential environmental impacts of an action. And an action doesn't have to only be, as Chick mentioned earlier, the construction of a building or the subdivision of a parcel of land, it can be the adoption of rules or regulations. And that's really what we're looking at in this exercise. It's not the physical construction of something, but it's the rules that may in the future govern construction within the community. This action is called -- is classified as a Type 1 action, which is the highest level of sort of scrutiny, regulatory scrutiny that is offered under SEQRA, and as a result of that, the Town Board elected to prepare the Generic Environmental Impact Statement as the best way to deal with that level of review. The document itself is a Generic Environmental Impact Statement, as you heard earlier, and that means that the analysis in it is not specific to a particular construction protect. It is more generalized, and it addresses the consequences of the choices that are involved in this action. The project began, as Valerie mentioned, last summer. The Town Board authorized the creation of this moratorium team and this team has been working diligently since that time to assemble the material that's compiled in the impact statement that you have before you today. The moratorium team began immediately preparing the information that went into this document in anticipation of the Board's action to require the document. As Mr. Wickham described earlier, the pos. dec., the positive declaration requiring that it be done was adopted in January, public scoping was held in the end of January, where we had the opportunity to visit with many of you, final scope was adopted in April, and the document itself was accepted in the beginning COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 12 part of May. Who, what, when, where. Where question: This is a Town-wide evaluation. And that's again a little bit different than the experience many of you might have had with impact statements. Some of the actions we're considering are site-specific but generally most of these reach the four corners of the community, another reason why we're considering this a generic environmental review. So the where portion of it is the entire Town of Southold. Now the how piece. That's Chick. MR. VOORHIS: We're getting into some of the substance and basically we've been at work using state of the art geographic information system technology and software and hardware that the Town has invested in and made a commitment towards over the past year. This has been done with the assistance of John Sepenoski, head of the data processing department and a land preservation committee member. We've also researched planning techniques used on Long Island as well as across the country performing that research using web services, using different periodicals and journals, using direct contacts, Valerie has traveled to different parts of the country in order to gain information and brought it back here to evaluate it. Environmental impact analysis procedures were conducted consistent with industry practice in the manner that is prescribed by various literature. There was research and fieldwork, actual fieldwork that was taking place during the course of the preparation of this document as well as modeling an analysis of the various facts that were collected. What we've done is created a compilation of the existing Town conditions based on current environmental facts and information, and a complete understanding and synthesis of all of the Town planning studies over the past 20 years has been completed. This is very important to set the background COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 13 to understand the direction of the Town and the context that we're working in. We also have a number of products that come out of this as a result and these are beneficial products that are with the Town forever really and can be built upon and used for Town planning purposes. These include a full update of the GElS layers and graphic database. There's been a Town wetlands map prepared with field verification and various mapping techniques with aerial photography, checking of soil types and land topography. Archaeological information has been collected, demographic information which recently became available through the U.S. 2000 Census has been considered, and a full build-out analysis has been prepared as part of this. There's been a major effort toward tracking and statistics, so that we could understand the track record of the Town and how different land use decisions have taken place in the past and consideration of planning board techniques, Town Boards policies, purchase of development rights and other aspects that the Town is using currently. There was a very substantial housing needs assessment from 1993 that has been updated for the purpose of this study, and housing opportunities and land use techniques have also been outlined. There's been a hamlet boundary designation methodology created to help strengthen the hamlets and achieve some of the goals that the Town has been looking at for many years. Efforts have been made towards tree preservation and outlining potential local law parameters that will be used in the future if this is one of the techniques that the Town wishes to consider. Also, planned development districts is a very useful technique that has come about in other parts of Long Island and the Country that is incorporated into this. There has also been an examination of Suffolk County policy on transfer of development rights, looking at that as a potential tool, and many other benefits that you'll see and reading the document and hear about tonight. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 14 Now we have prepared and that you might want to get ready, just a couple of quick Power Point presentations to give you a more graphic feel for some of the work that's taking place. And while Patrick is setting up, the first one involves the build-out analysis that was painstakingly formed in order to understand the full theoretical build-out of the Town under its current zoning. MR. CLEARY: Thanks, Chick. We want to spend about five minutes to share with you the methodology that went into our build-out analysis. The build-out analysis was critical to us for a couple of reasons. The first and most the obvious is that it produced a window toward the future. It gave us an idea of how the Town might develop under existing land use rules and existing zoning conditions. The second thing the build-out analysis did for us was it was a forum for us to sort of organize that data that Chick described to you. It was the framework that forced us to integrate with John and the GElS system, with all the information that exists in the community and put it into a useable format. So it did that for us. But ultimately, what did the build-out do, it really tells us how much additional growth will occur in the community and where. And that's under the existing land use and zoning controls that are in place today. So our build-out analysis is an evaluation development potential based on existing zoning in the community today. Now that table that was handed out to you is a summary table of the build-out. And what I'm going to do is sort of go through that with you so you have a better understanding of the methodology we used to prepare that. The build-out analysis was used the main tool for the build-out analysis was -- by the way, if you don't have a copy, we can certainly make additional coples for you, but it's also in the document and the venues where the document's available as well. I think it's in the appendix. Chick, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 15 do you know where it's referenced? We'll get that for you. The build-out analysis, again, the technology we used the GIS method, the technology to help us do these calculations, so effectively, the build-out involves six fundamental steps. We calculated the land area within each of the zoning districts by parcel. We accounted for all the existing development that's already in place in the community. Then we started to deduct things. We deducted lands that were already protected through the efforts of Melissa and so forth. We then deducted lands that probably wouldn't get built on, environmentally constrained land, wetlands and slopes and beaches and so forth then we added, we did the calculations; we added a yield factor and coverage factor that produced an estimate of future construction, and then we did the map. And the format of this, where this all is presented is in that table that you have before you, which is the build-out matrix. What I'm going to do now is quickly go across from left to right and tell you what each of those columns mean. First column, Column 1 is just the zoning districts, and it identifies each of the community's zoning districts. Column 2 and Column 3 identifies the lot sizes for each of those particular zoning districts, again, the building block of our analysis. Number 4, Column 4 presents the yield factor. Now the yield factor is a number that we applied to estimate potential growth, and the best number we had available to us was the number that the Long Island Regional Planning Board developed some years ago during the 208 study. We evaluated that factor in a number of different ways. In our opinion it still remains the best yield factor we could apply. We then applied coverage factors to calculate non-residential growth, commercial growth, and that factor was based on actual approved projects within the Town, back for a number of years. We reviewed every approval and determined how much people were COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 16 1 2 building on particular parcels; that was translated into a factor, and that's how we calculated what would be built, and that was based on lot coverage, which is basically the square footage, the footprint as a percentage of the lot itself, as illustrated on that figure in front of you. Continuing across the table, Land Area by Zoning District, an exercise John helped us with. That calculated the acreage by zoning district. Column 7, Acreages of Protected Land. Continuing to move across, Community facilities, it was important for us to understand what properties and what land would not get devoted to potential new development in the future, churches and schools, libraries, municipal facilities and so forth. 3 4 5 6 7 8 9 As you go across we start to see subtotals, so we can keep the math straight as we run across the columns. Columns 10 and 11 are the developed non-subdividable parcels in the Town. Those are the properties that have a use, have a residence, have a commercial structure that could not be subdivided to allow additional development to occur. We've taken account of those. We continue with the subtotal; then we continue from the subtotal to Column 13, which is the vacant non-subdividable land; the same theory but in this case there are no buildings on that property which could not be further subdivided. Subtotal again. Then we go to Column 16, the developed subdividable, again, these are properties that have a use, have a dwelling, have a commercial property that could be subdivided to create an additional yield. So someone may have a large parcel that could be developed for additional uses. Then we tried to calculate out of that the developed part of the subdividable parcel, and the example is in the R40 one acre zoning district, if you had a three acre piece and there was a house on it we would assign one acre to that existing house, leaving two COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 17 acres of potentially buildable land, and that's how that mathematical calculation was done. We then go to a subtotal again, on Column 19; then we move on to the deductions for those environmental constraints that I talked about earlier. We deducted from our calculation wetlands, properties that would not be devoted to uses because they probably would not get a permit to build in a wetland. We did not -- we calculated from that the portion of the wetland parcel that might be built now, that's the 90 percent wet vacant property. We then went to Column 22, Beaches and Bluffs. Again, we don't expect to see development on beaches and bluffs, it's in our gross land calculations, but we had to take them out. Column 23, Slopes. We took 15 percent slopes as a maximum that we thought would not be constructed upon, we've got a lot of that in the community, so we deducted steep slopes out. We then -- 24 lS the Net Subdividable Areas to Develop. And what that means is the Town has over nearly 9,000 acres of developable land. Now we also calculated existing development, what's there already; and we used our same technology and methodology to evaluate that. And then Column 26 is the Development Potential. Sounds pretty simple. And what I'll do now is just give you a real quick example, going across and we're going to take the example of the R-80 district. If you follow R-80 across, you'll see these numbers. First, we have the total land by area by zoning, in this case over 7,000 acres. Then we start moving. We deduct protected lands; we deduct community facilities. We have a subtotal. From that, we deduct developed non-subdividable. We're now at 14,000 acres. You get a subtotal. We keep going. We deduct vacant, non-subdividable, just as I described prior, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 . 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 e 25 18 before. We've got a subtotal. We deduct the developed part of that subdividable property, that's the illustration I showed you earlier. Following along, we have the subtitle, now we're deducting our wetlands. We've got 500 acres of those. Beaches and bluffs in that zone, 136 acres, take it out. We've got steep slopes almost 60 acres that comes out. And that equals net area to develop. Those are the trying to get to, 2,600 acres. to get those numbers. Then we do our calculation, the yield factor I described earlier and we take out those portions of those wet properties that could be built upon, and we have 1,300 units that could be constructed in the R-80 zoning district, and that's following across our example. So we wanted to take that time to describe to you how the build-out analysis was done. These are the findings, 6,333 dwellings could be constructed in addition to what's there now. An additional two and-a-half million square feet based on these formulas added to that. Add that to what we've got, that's nearly 19,000 dwellings and potentially seven million square feet of commercial space under existing zoning controls, without preservation efforts in place. MR. VOORHIS: And it is important to understand that this is in effect a snapshot. That it's basically the conditions that could exist if no other techniques were put into place. It limits those areas that are already protected, but it does not consider the ongoing programs and purchases of development rights and so forth. It's also important to establish this type of procedure for repeatability. So that -- if you'll bear with me I'll get into the next presentation -- for repeatability, so that this can be simulated in the future. As changes take place, you have a methodology, a spreadsheet and you can go back in and use subdividable figures we're Really cooking . COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 19 those techniques again. As I said, it's the theoretical full build-out projections. Now, what we're going to be doing is taking those projections and performing impact analyses on them to determine what type of growth could occur and what impacts might occur to various resources and community facilities. As we have been talking about, we've looked at the build-out potential under DGEIS existing zoning conditions. We've also looked at quantification of some of the techniques that the Town is considering where there's widespread acceptance, we're looking to preserve 80 percent open space and agricultural areas and reduce density by 60 percent in some of the more critical areas of the Town. So this is the purpose of performing in this exercise to compare those, and we've considered a number of resources in doing that; of course, potable water, solid waste, traffic, school children, are some of the things that are quantifiable and can be used as part of the simulation. We've analyzed the full impact of this development using a model and called it the "Region Impact Assessment Model." It was prepared using Excel spreadsheet technology. It's used for the impact assessment of build-out conditions and also to compare conditions under different scenarios. It's done by determining the impact on Town resources that will occur as a result of the increased number of units and commercial square footage, as Pat has mentioned. We assume that the Town's existing zoning and development controls remain in effect, and we've built on that build-out analysis to perform this impact analysis. There are a number of components to the Regional Impact Assessment Model, and basically it's set up in a form where we have a data input sheet that allows us to set our assumptions, use the various multipliers that are accepted in the planning and environmental fields. It prints out for each zoning district those parameters and resource areas COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 1 20 2 where we're able to quantify the results. There's an imbedded and micro computer model that simulates the concentration of nitrogen in recharge under full development conditions in each zoning district, and there's a summary sheet that spits out all the data at the end, so that you can easily use it for comparison purposes. The resources that are considered we have general use parameters and coverage; we need that for some of the groundwater pollution modeling. There's a water resource analysis component, demographic analysis for population of number of school age children. There's a tax revenue analysis in order to determine the number, the amount of taxes that would result from the build-out; and that's very important in assessing school district impacts. We've determined the number of school age children; we know how much tax revenue goes into the school district, and we can begin to look at that difference to see if we're in a surplus or deficit situation. There's a solid waste generation analysis and also a transportation trip generation analysis. We've prepared multipliers based on information gained from the Town through the Tax Assessor's office, the Solid Waste office and reviewed tax bills, used u.S. Census data and training multipliers to set up this model with the best information possible. And, again, just a very brief example, we'll go across the AC district. This is what the individual sheet looks like that's in Appendix F-2A, and the build-out analysis is in the Appendix attached. Looking at it in more detail, there are a number of tables set up that take the numbers available in that zoning district and uses that multiplier factor to determine the number of uses. This is exactly out of the build-out analysis. The coverage is established by assuming certain varias for rooms, recharge, natural areas, landscaped areas and home sites. And that's important for the nitrogen budget. 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 21 This water resource analysis looks at the sewage flows for each type of use and projects out the amount of sanitary waste that's generated that's used in the sonar model to compute nitrogen and recharge. In the AC district it's 1.78 milligrams per liter as compared to a drinking water standard of 10. So that shows that the Town does have low density zoning in those areas and resulting concentrations can develop. The demographic analysis looks at school age children in population. This is what the tax revenue analysis looks like actually breaking down the tax revenue by each taxing jurisdiction so it could be determined what percentage of your taxes from that development would be received. The left box is the school tax analysis. That basically takes the number of school age children times the cost to educate those children and subtracts it from the taxes generated to the school district, and in the case of AC, there's about a $6,000,000 deficit that is expected because residential -- single family residential development typically does not cover itself in terms of tax revenue, and you need other tax ratables such as industry and commercial activity in the various areas of the Town, and specifically, in the school district. A solid waste analysis is applied, just take a number of pounds per person per days times the number of people, and trip generation similarly is the number of trips per unit during the peak hours based on the number of dwellings. And that allows us to come up with this comparison of scenarios we've performed it for the full build-out condition, and, again, for the 80 percent land preservation and 60 percent density reduction in the AC and R-80 districts. The impact summary is a sheet at the end of the model that basically takes all of those zoning districts, totals them up for each of the parameters that I just explained, and at the bottom gives you the final numbers in terms of each of those parameters. Some of the more interesting ones are that nitrogen COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 22 and recharge varies from in the high 1 to 2 parts per million or milligrams per meter range up to 5 or 6, and school district revenue, does end up being somewhat of a deficit, meaning the need to plan, seek State aid and insure that we have a proper mix of different uses in the community. These are fairly intuitive. I'm not going to go through them in detail. But it just basically shows that in full build-out conditions, each of these areas increases in terms of sanitary water usage, trip generation all of those parameters. And basically, in summary, if the Town's remaining open space were fully developed in conformance with zoning, there would be a significant and quantifiable increase in these areas that we talked about. The next part involves an 80-60 analysis, and I'll just quickly scroll through. In considering the legislative actions, not all of them are quantifiable, but some are in particularly the open space of 80 percent and the density reduction allow us to plug that in to those specific zoning districts to see what the result is. This is the resulting summary sheet that is also in Appendix 2A or a later one, 28 I believe. And there's a comparison that basically shows that under the density reduction and open space preservation, there is a $6,000,000 benefit in terms of taxes to the school district; there are of course less units -- much of this is intuitive -- less people and so forth, but it gives us sort of a baseline of future projected conditions, and allows us to look at different scenarios and determine the measurable benefits of those actions. These include a reduction in residential units, reduce water use, nitrogen loading and increase preservation of open space and ecological resources, a decrease in vehicular trips and a decrease in the number of school age children and deficits. And this is just a table that you can't see, but it compares them in a little bit different fashion that, again, emphasizes those points that I discussed. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 23 We're going to go into the next part. We have about ten minutes left, and we'll get to the public portion. MR. CLEARY: Two quick final pieces we wanted to share with you that we thought we wanted to talk about. The first is the hamlets. When we went into this exercise there was a lot of work that had been done and there was a great emphasis placed on the community's hamlets. And we started to work toward dealing with that issue, and no one could say where the edge of a hamlet was, where was the boundary of a particular hamlet, and we thought that was a bit of a concern, so what we decided to do was take a detour and really focus a good deal of time on the hamlets. And Appendix 8A of the DGEIS presents a methodology of dealing with the hamlets. There's a two-pronged approach. The first is we made an effort to create a boundary for each of the community's hamlets, a hard line, a line on the ground where the hamlet starts and where it ends. We then looked inside that boundary, and a lot of the evaluation to this point has revolved around keeping development away from the agricultural areas and the open space areas and redirecting it into the hamlets. So once we started to look inside those hamlet boundaries, we realized there's not a lot of room left to build to redirect anything into the hamlets, so we were left with a bit of a problem. So that was the second piece of our approach. We tried to define the hamlets, and please take the time to look at that. And then we tried to develop a system that would encourage development in the immediate vicinity of the hamlets. And what we've created is a -- what we're calling a "Halo Zone," which is a floating zone that surrounds the hamlet, that affords some additional density as an incentive to bring development from the outlying open space, agricultural areas, into the area immediately adjacent to the hamlets and in the hamlets, if that were possible. So I wanted to take a few minutes to touch on that, as Appendix 8A. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 . 25 24 A final piece that we looked at in this exercise if it's nothing else, it is a reaffirmation of that whole range of facts that govern the Town and apply to the Town and we looked at those that apply to housing and population. Housing is such a critical issue in a community, we wanted to make sure we had the facts right. We looked at population, and I am just going to tell you things you may already know, but some of it's kind of interesting. The 2000 population -- and this information was collected from the 2000 Census and a series of other demographic organizations and some of it was collected internally. The 2000 Census pegged the population in the community at 20,599. By 2002, LIPA had estimated its population had increased to 21,000; based on our work with the build-out analysis, saturation population and that other table you probably can't see too well, the saturation population, how many people that can fit in the community will be over 30,000, about 31,000 people. That's a lot of people. The population in the community is not evenly distributed; it's spread out among the hamlets unevenly. Southold holds the most with over 5,000 followed by Mattituck and Cutchogue. The age of you all, something to be aware of. The community is primarily middle aged, but the fastest growing portion of the community are the 65 and above. It's something to be keenly aware of as we plan for the future of the community. Housing units. There are 13,769 units as of the year 2000. Ninety of those are single family detached That is a fairly limited range of opportunities. If we use our build-out models, the red indicates where we are. The yellow is our estimate of full build-out, how many additional dwellings can be constructed, and we're talking about 6,000 additional dwelling units that could be constructed in the community, for a total number of over 20,000 housing percent homes. housing COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 25 1 2 dwelling units. The housing stock is old; some of you may know that by your efforts to maintain your dwellings. Well-maintained but old. Twenty-five percent of the buildings in Town were built prior to 1939. Occupancy date, however, is quite interesting; most people, that second bar (indicating), have occupied their dwellings within the last 10 years. Only 16 percent of the people in the community have lived in their home for over 30 years. It's kind of an interesting fact. The National Housing Opinion Survey that was done in the late '90s revealed some interesting statistics. Most people have a favorable opinion of their home; most people have a favorable opinion of their neighborhood. I don't know about their neighbors but their neighborhood. We looked at a whole range of additional demographic factors, households and group quarters, special needs populations where grandparents were the primary caregiver in the community. But the one that became most important to us was the elderly population, and this was a description of the elderly population by hamlet. That large bar shows Southold accommodates most people that fall into that category in the community. We looked at employment, 16,682 people are in the work force in the community right now. Thirty-seven percent are in the professions, 26 percent are in sales or office work, and interestingly, only 1.9 percent of the Town's work force are employed in agricultural or in the traditional maritime industry. It's an interesting fact. Incomes, the median household income in the year 2000 was nearly $50,000. The median family income was about $61,000. We are greater than the State average; we are substantially lower than the County average, only Riverhead is lower than Southold in terms of median incomes. That's that table that describes that right there (indicating) . The income distribution, wages make up most of your income, but that purple 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 26 slice, retirement income is a growing slice of the pie. Cost of housing, the 2000 Census indicated that the median value of a home in the community was $218,000. We had some questions about that, so we looked at the sale of every home in the community for the past three years, over 900 sales, accounting for over $336 million. In fact, the actual sales price for homes was $390,000, that was the average sale price. Quite an issue. That's a description of the sale prices, and it's interestingly distributed by communities. As you can see Fisher's Island, most of the more expensive homes were in Fisher's Island. Finally, to conclude on this piece, housing costs, the monthly housing costs as recorded in the 2000 Census. The average was over $1,400 for individual mortgage payments, 41 percent of the people in the community devoted more than a quarter of their income to their monthly mortgage payment. Over 23 percent devoted over 35 percent of their monthly income to meeting their mortgage payment. It was even worse for renters, 54 percent, over 25 percent of their monthly income, a fully 41 percent of people who rent homes in the community pay over 35 percent of their monthly income to pay for their rent. So we wanted to touch base quickly. It's a very desirable community. It remains so. The population continues to increase. Housing opportunities are at this point limited, and the housing costs are rising rapidly. It's an issue of supply and demand. So we wanted to share that with you as well. MR. VOORHIS: We're just going to quickly go through - - SUPERVISOR HORTON: Much left? MR. VOORHIS: I'm sorry, go ahead. SUPERVISOR HORTON: Do you have much left ? MR. VOORHIS: Very briefly, ground rules, procedures and so forth. SUPERVISOR HORTON: Okay, continue COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 27 with that. MR. VOORHIS: And basically, as you know, we're here to receive your input this evening, that's the purpose of this hearing, that's the purpose of the circulation of the document throughout the community. And the DGEIS has been compared to the Scope and accepted by this Board, but it's just a draft document. It really doesn't become final until we have the comments throughout the comment period, and those are addressed satisfactorily. No decisions have been made at all on this project, and the purpose of this hearing is to make sure that we've gathered the information, that we have assessed the impacts and that we are essentially putting them forward into the decision-making process. SUPERVISOR HORTON: Chick, if you don't mind, I'm going to actually intervene at this point. We have been an hour into this hearing, and over the course of that time, more and more people are arriving. I have people down both wings, both hallways of Town Hall, and in the interest of having this as a truly open meeting and one in which everyone can get a seat and have the opportunity to participate in this meeting, please understand this and take this lightly and work with me, but I'm going to recess and reconvene the meeting this evening at Southold High School in the Southold High School auditorium. I understand that may be a bit of disruption to this meeting, but, again, in all fairness to everybody who's here tonight, standing all the way down the hallway, both sides of the building, I think it's a prudent move to do. So, at this point, we're going to recess, and we'll give people some time to get there. We'll reconvene at 8:00, commencing the meeting at 8:00 sharply. At the Southold High School in the auditorium. MR. VAN BOURGONDIEN: Josh, do you think in that half-hour you can get Louisa Evans and Bill Moore here? This is one of the most important things that is taking place in Southold, and two Board members are missing. I'm not a happy camper. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 28 SUPERVISOR HORTON: Mr. Van Bourgondien, thank you. Eight o'clock and please do attend. We'll be reconvening at Southold High School auditorium at 8:00. (Whereupon, at 7:30 p.m. the Public Hearing was adjourned to recommence at 8:00 p.m. at the Southold High School auditorium located at 420 Oaklawn Avenue in Southold, New York.) SUPERVISOR HORTON: Thank you for your patience in working with us to reconvene this public hearing on the Southold Town Draft Generic Environmental Impact Statement. Most of you, I believe, were at Town Hall with us as the, according to our consultants and planners, gave a Power Point presentation and some brief explanation as to what this document is. At this point, I'm going to open the floor to the general public to address the Town Board on this document itself, specific comments on this document. I will ask, we have a number of people here tonight, we'll have to do our best to limit our comments to about five minutes, if we can, in the interest of everybody who's here who would like to share. As we mentioned, commencing of this Public Hearing, that we will have two other public meetings, public hearings on this document, June 23rd and June 24th, and that the place was initially at Town Hall, and I'm going to have to do some more fancy footwork to see if this is going to continue to be our place of meeting for these public hearings. So at this point, what I'll do is I'll open the floor to the public and ask you to give a show of hands, and, if when you do address the Town Board, it's very important in keeping an accurate public record that you state your name and place of residence clearly in the microphone located here in the center aisle of the auditorium, your name and place of residence, please. And at that point there's also a sheet if you wouldn't mind just jotting your name and the hamlet in which you reside on that sheet. So I will open the floor to the COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 29 public for comment on the DGEIS. Mr. Krupski. MR. KRUPSKI: Good evening. Albert Krupski, Jr., East Cutchogue. I'd like to address the Board and the Team tonight, not as a member of the farming community, I'll save that for a separate night. I don't want to confuse two different issues. I'd like to address the Board and the Team as a Town Trustee and President of the Town Trustees. This year, for the past few years, I've been on the Board. I was first elected in 1985. There are currently two Board members here tonight, Miss Foster and Peggy Dickerson. We had our last Board meeting last night at Town Hall, and I'm here really not to comment on the draft because we have had a hard time getting copies. And that's -- my comment tonight is that last Friday we had to really beg for a copy. Thank goodness Betty Neville, who always comes through, came through with a copy. I reviewed it somewhat over the weekend, certainly not completely. I gave it to Jim cain; he reviewed it somewhat. He gave it to Peggy and it hasn't quite made it around the Board, and it hasn't been reviewed at all by our attorney either, who I heard, about three hours ago, did get a copy. I think when you spend $200,000 on something that's supposed to be important for the Town, it would be important if it were coordinated with all concerned agencies. For those of you who don't know, the Town Trustees have jurisdiction over the wetlands and underwater land in Southold Town. Our jurisdiction goes back to 1676 Governor Andrews of New York issued a Colonial patent, and it gave the Town the ownership of the underwater land among other things. The Town still owns us. We also have jurisdiction under Chapter 97 of all activity within one hundred feet of those wetlands. Now the only thing I noticed in my short and brief and incomplete review of the document is that it said that the Town COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 30 Planning Board issues freshwater wetland permits, and I just want to make that clear that I do know how many wetlands permits the Town Board of Trustees issued this year and last year and for the last 18 years. All the of them. And, so I want to request more time for our Board to give this document a thorough review, so that we can make comments on what's actually in it, and not speculate as to which direction it's going or whatever, 'cause that's not fair to the document or the people who worked on it. So, I don't know how much time would be necessary. Next Monday seems like a stretch, considering that I believe not all Board members here have a copy. I do not have one. I haven't had one for a few days, and I would like to give it a fair review. Thank you. SUPERVISOR HORTON: Thank you, Mr. Krupski. Mr. Esseks. MR. ESSEKS: Good evening. My name is Bill Esseks. I'm an attorney. I practice in Riverhead and I believe I'm knowledgeable about the SEQRA process. I appear here representing many farm families. I'm going to have to put them in writing, including Dr. Damianos and various property owners. SUPERVISOR HORTON: Speak into the mike, please. MR. ESSEKS: I apologize. My name is Bill Esseks. I'm a lawyer. I represent a lot of farm families I'm here to speak with regards to the Draft Generic Environmental Impact Statement. But I'm also speaking with regard to what I perceive to be the purpose of the process and the alternatives especially the so-called 80-60 alternative, and I want to preface what I said have to say, and I hope it could be more than five minutes because I represent more than one party -- I want to read from Armstronq versus the United States, and this is something that everybody should take into account when they read the draft. That is, "That the Fifth Amendment guarantees COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 31 that private property shall not be taken for private use without just compensation" -- that means money -- "was designed to bar government from forcing some people alone to bear public burdens which, in all fairness and justice, should be born by the public at whole." In many ways, that's what we're talking about here tonight, and that's what's being discussed in the Draft Environmental Impact Statement. I'm upset that you don't have a map up showing all the green and where all the houses are and where all the farms are and where the AC district is and where the R-80 district is. That map, showing in colors how the Town is laid out, where the housing is, where the open space is and where the farmers are, tells a story much larger than all the words that I can say or all the consultants can say or you can say. The 80-60 proposal, that is, for those who haven't read this or heard about it, would mean that today on 100 acres, a farmer could have today about 47 lots; two-acre zoned, 50 percent open space, 47 lots on 100 acres. Under the proposal, it's going to go to five acres instead of two acres and you're going to have 16 to 17 lots on 20 percent of the property, and 80 percent will be open. And if someone wants to turn their 100 acres or 200 acres into a subdivision, you're going to have to put an agricultural easement on 80 percent. And beyond that, there is the perception or the specific statement that a purpose for doing this is to preserve the public view across this farm shed. In effect, a view easement is being demanded of the person who owns the open space, the farmland or the R-80, in exchange for using that property. And I submit that where a Town Board -- if it does this -- where it says that we're going to take into account public use for neighbors or travelers or itinerants in setting up our land plan, who are saying that you, the owners of this vacant property, these large tracts, now zoned R-80 or AC, are now going to have to COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 32 give up part of their property, their right to use their property, and to allow a view across it; that is something the public should pay for as opposed to the farmer giving up. And that is a challenge that I hope doesn't go any further than the SEQRA process. If the Town Board is bound and determined to acquire easements over 80 percent of these properties, there are different ways to go about it. The easiest way is to pay for it; to negotiate it. That is the traditional way where people acquire these things. I do not see an examination of that in the EIS. Another way to do it is to condemn it. If a property owner is bullheaded and says I won't sell, you have a right to condemn it. You'd have that power. Then a court fixes the just compensation. I don't see an examination of that, a review of that. I think that's missing from the SEQRA process. Another thing you can do is you ask to set up an Improvement District. You have improvement districts for other purposes, highways, water, lighting, park. In those districts, each person In their district, in their tax bill has an extra line that covers that improvement. You could have an improvement district for acquisition of easements, they'd be view easements. If that is such a valuable property right, valuable public amenity that you're going to force somebody to give it up, consider, besides negotiation and condemnation, consider repaying them through an improvement district. However, all I see in the DGEIS is the attempt under the police power to take it away without compensation and without providing a remedy whereby you can get money for it. There is a brief -- I think, I may find it -- Oh, here it is -- the TDR idea. The TDR law that has been upheld so far, so far I should say, it required the State and County to put up I think it's the sum of 125 or $130 million in the bank. I do not believe that you should come up with a TDR program or an involuntary TDR program without having a huge bank account. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 . 25 33 I also heard earlier this evening some concerns about TDRs, where you would put them in the downtown areas that are already built up. But a TDR, unless it's evaluated based upon where it's coming from instead of all being treated the same regardless of their location, I believe is unconstitutional. To have a piece of the land on 59th Street and Park Avenue treated the same way as a piece of property in Queens or the Bronx can't be proper. They have different values, and I don't see any discussion about that at all. I'd like to discuss some of the issues that I think are specifically not covered in the DGEIS, the Draft Generic Environmental Impact Statement. The first is lack of consideration of the condemnation alternative, lack of consideration of the purchase alternative, lack of consideration of the improvement district alternative, lack of consideration of the effect of this requirement, 80-60, upon the existing -- I understand very successful -- sale and development rights program. That program is working well. I'm told by my clients that that is the subject of thousands of acres over the years being retired voluntarily at negotiated prices. Now, what's going to happen to that if you're going to take thousands of acres involuntarily, or say if you want to develop your property, if you want to subdivide it the way everybody else does, you're going to have to give up 80 percent. What's that going to do to the voluntary program? I don't see that being discussed. There is another issue being discussed that's allied to the ones I just touched on, and that is the transfer of value. And I hope, Mr. Supervisor, at the next hearing, you'll have a large map with all the colors on it, so that the people can look at it and people can point to it. Because if you look at that map, you can see that certain properties would be very heavily benefitted by this involuntarily. So as the farmer's value goes COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 34 down, he is restricted to only 20 percent of his property. And if that view easement is as valuable as they seem to be saying in their Environmental Impact Statement, that right to a view, and that perpetual right to the view easement is going to result in other properties going up in value. Now, have we studied that? Have you studied that? And what is going to happen to the taxation? The Town's taxes remain relatively constant going up, and, the farmers and the open space parcels are paying a percentage, you're going to take that down with the 80-20, and you're going to give a reported right to other people and their taxes are going to go up. Do they know that? Have you told the public that you're going to enhance the value of their property; and, thereby, the assessor is going to be able to increase the value of their property for tax purposes? Have you measured that? Should you measure that? And if you failed to measure that, are you not violating your duties as the lead agency in this proposed rezoning? What is the effect of this going to have on the future of farming? The farming on the south fork is not doing as well as it should, and I spend a lot of time there so I don't want to start a fight with them. But from my knowledge, the farming is doing reasonably well here in the future, and what are you going to do to that? I mention that because if I have a commercial building, I can practice my business in that commercial building, make a living there, the commercial business and my land and building are going to go up in value with the passage of time. I'm getting a double reward. I'm making money and my equity's increasing. You're telling the farmer that you are the only person in this town who has a business where you can try to make a living, but we're going to make your equity go down. Has that been decided? Has that been discussed? Has that been analyzed? Is that fair? I'm not sure that we'd deal with fairness in that part of my discussion, but COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 35 just in the process, has that process been analyzed? Some people say that after they adjust that hopefully after a dip, you'll start to go up. But if everybody else is going up like this (indicating), and the farmer is going up like this (indicating), you have chosen that person, that entity, that person, that business, to be treated differently than anyone else and that's not fair. I think it may not be legal, but it's certainly not fair. There is discussion as to what farmer's are going to be able to do once they subdivide their property 80-20 percent. Part of that choice is you're going to have to tell, the Town's going to be involved where the greenhouses go and the fences go and where things go that might interfere with the view. It's interesting that the view from the public that's coming in from the city and from Riverhead, from the west or the view from the local people, which is a different issue, but who's going to decide; who's going to make these decisions? I don't think that's been thought through. When I was here in January, the Supervisor of East Hampton came in and spoke very eloquently. He said, you know what you're doing even thinking about this? You people know about the trade parade. I see in the DGEIS that there's a question about traffic. Your traffic is going to increase. As you raise the value of the houses, as you increase style, if you can reduce it enough -- by doing this, in spite of the rezoning, is going to reduce, quite dramatically, the number of housing units that can be available. As you do that, you drive up the value remaining houses, supply and demand. I heard that mentioned by a consultant earlier this evening. When you reduce that supply, demand doesn't go down, the demand actually goes up because the place is a more desirable place to live, and the cost of housing goes up; as the cost of housing goes up, you drive out your middle class. You go talk to the supervisors in COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 36 1 2 East Hampton, Southampton, you'll find out that everybody who works -- virtually everybody who works in the schools or the town halls or for any utility, or for any people who do the work, the plumbers. Rich people can't do a damn thing. It has to be the people who come from somewhere else that come in here, clog up the roads. I don't think that's been thought about. A perfect example, and you should put it in your Impact Statement, you should analyze it, is go find out where the school teachers are, where they live. They can't live in the Hamptons. They can't even get to work. Like tomorrow, I'm going to go to my Watermill office. I'm going to leave at 5:30 to get there; if I leave any later, I'll be with all the plumbers and electricians in bumper to bumper traffic. I don't see that being analyzed in your Impact Statement and you should do it. Now, the next to the last thing is something that you should consider, and to the extent that I can, I try to insist that you put it in your Impact Statement. Right now, I'm involved, as the papers will tell you and others are involved in the formations of villages in the Town of Southampton. And those villages are being formed because public property owners don't trust the Town Board. They feel they have been lied to, cheated, taken advantage of, and they vote with their veto. They don't leave the community, they leave the town. They form their own village. It's not hard. You need five square miles and 500 houses. That alternative must now, I submit, be a part of your examination, your review. I'm not making that up. This happened once already in the Town of Southampton. It is happening while we stand here, and I'm involved in a third one there. It is not a big deal. We can either get annexed or secede; you get your own zoning; you rent your own firemen -- not firemen, the police and everything else. It's not a big deal. That should be addressed because you're supposed to take into account in your DGEIS the natural consequences or even 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 . 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 . 25 37 1 2 the unnatural consequences of what you're doing, and what you're doing is you're revving people up to do things that you may not want them to do. Finally, I said in January and I say now, notwithstanding what anyone else says, if you don't do an economic analyze, you're going to make it much easier for me to bring a lawsuit to set aside DGEIS. If your consultants tell you you don't have to do it, more power to you. I shouldn't complain, I'm not going to spend more time on it, but you're foolish not to do the economic analysis. I hope to come back and argue with you some more. I hope that you'll have some maps up so we can point out who gets the benefits of this change of zoning and who gets hurt. I hope your consultants will agree with some of what I say, and change, put in the supplement, take into account my suggestions. And I thank you very much for your attention. SUPERVISOR HORTON: Thank you, 3 4 5 6 7 8 9 Mr. Esseks. Sir, in the blue shirt, Mr. Weir. And I guess at this point it's probably right for me to say that limiting our comments to five minutes is not practical, and this is a weighty document, so I will afford the public, each and every person, as much time as they need to address the Town Board. MR. WEIR: Steve Weir. I'm not a lawyer so it probably won't take me more than five minutes. Greetings, my name is Stephen Weir. I live in Riverhead. I'm the Vice-President for First pioneer Farm Credit. I'm in charge of well over $100 million in loans to Long Island's agriculture. A good portion of those loans are outstanding to Southold's farmers and are secured by Southold's farmland. In February 2003, the Suffolk County Farmland Protection Board and Agricultural Economic Committee, of which I am a member of, hosted an expert dinner speaker series in Polish Hall in Riverhead. The first speaker was Nathan Rudgers, the Commissioner COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 1 38 2 of Agricultural for New York State. He spoke on transit agricultural and farmland use, nationally, statewide and on Long Island. One amazing fact stood out to me: Over the past ten years, millions of acres of farmland have been lost in New York State. Lost not to development, but to what the commissioner calls fallow uses. The reasons given all pointed to a lack of an economically viable farm industry in the affected areas. Farming disappeared; so did the farmland and so did the open space. It appears that you can't have farmland without an economically viable farm industry. So at Farm Credit, we were very surprised to see no economic or financial analysis on Southold's agricultural industries and its farmland in the DGEIS. I would have thought that that needs to be done. The lack of that analysis is of great concern to our industry and here's why: The DGEIS is proposing significant changes to Southold's agricultural industries, including a limitation on the number and density of development units allowed on farmland. These proposed initiatives offer changes to the economic equilibrium which exist today in Southold's agricultural industries. Zoning changes of upzoned land are likely to decrease the value of farmland and farmer's equity. The impact on farmland values resulting from the 80 percent open space requirement in Southold is unknown. This report did not present an analysis of the impact on farmland values. In addition, this report didn't present an analysis on the impact that lowered farmland values would have on Southold's agricultural industries. From our experience, the impact of lower farmland values can be significant and here's why: Farmer's use land to produce farm products that are sold for profit. Farmers will keep farming if they can reasonably expect that profits will continue in future years. Unfortunately, farm profits are predictable and generally low. So the farmers rely on their real estate assets for financial 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 39 1 2 security in off years. Farmers rely on land as a source of financial security that they expect will appreciate in value over time. If a farmer's perspective of future appreciation changes, their financial security is diminished. Facing low profits, lower expected real estate appreciation, farmers will be more likely to give up farming. Real estate is a cornerstone of agricultural enterprises; reducing real estate values interrupts business structure and permanently endangers the health of agricultural in many ways. First, lowered land values reduce farmer's equity. Equity of a borrower is a key component in making a loan decision. The higher the equity the more likely loan approval can be granted. Second, lower equity also reduces a farmland owner's ability to survive the bad years. Agricultural has historically been plagued by periodic and unpredictable years of poor earnings and losses; this year is setting up to be just one of those years. In order to survive those bad years farmers use their land to cover those losses either by pledging real estate for loans or In Long Island selling off development rights. Third, lowered land values reduce the amount of collateral that farmers have available to pledge. Southold's farming is a capital intensive business with huge financial requirements. Debt has long been a necessary component of running a farm business. In our agricultural economy, reduced land values will reduce farmers' ability to borrow from Farm Credit and from other lenders. Fourth, decreasing land values motivate farmers to sell real estate. Farmers will want to preserve their equity to selling real estate now to avoid further losses down the road. This is especially true if lowered land values result from conditions that a farmer cannot control, such as regulation and public policy. The great news is that Southold is blessed with great farmers, great natural 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 1 40 2 resources, access to great markets, access to capital and an established infrastructure. It is our opinion that this plan will interrupt that. By how much? In reading this report, we can only guess. Guessing in a business as serious as farming is a risk most of us can't afford to take. Since farmland protection is a stated goal of this report, we can't understand why you didn't consider the economic impact on farmland and the farming industry in Southold. Thank you. MR. VAN BOURGONDIEN: Good evening, Ladies and gentlemen. I'm really still upset that Louisa isn't here. Thank you, Bill, this is a very important issue. At this point I'd like to 3 4 5 6 7 8 9 acknowledge AUDIENCE: Speak up. MR. VAN BOURGONDIEN: My name is Bob Van Bourgondien. I had the pleasure of speaking to Mrs. Egan last night, and I don't know if the moratorium team knows anything about the dynamics of a farm and a farm family, not only that, I don't think they understand the dynamics involved in turning that farm over to the next generation. I am very proud to be a third generation farmer, and it's taken a lot of equity in the business to continue. I've seen a lot of equity in the business not there. We would not have been able to continue farming without it. So that definitely has not been taken into account. There is a socio-economic I know we accounted for; I thought it was 2.4 percent of the population, and before we left the other hall I understand we accounted for 1.4 percent. To understand how we got here tonight, we need to go back in time. Around March 2000, a five acre zoning was announced with Ben Rulowski and a quote that still resonates with me today is, Bob, don't worry, five acre zoning will make it easier to develop your property. Maybe he meant that you might want to develop it if it goes to five acres. And conversations with Scott COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 41 1 2 Russell, who informed me that this was not in the best interest of agriculture. He couldn't understand what the other side of Town Hall was trying to do to agriculture. In fact, he spoke on the farmer's behalf on the first informational meeting as Chair of the Agricultural Advisory Committee asking for a list that would affect farmers and landowners. Gene Cochran attempted to thwart that list. A few other things bothered me along the road. There's a comment at the first informational meeting when Greg Yakaboski said under five acre zoning with a one acre cluster effectively sterilizes four other acres. What fair-minded Southold landowner wouldn't cringe over that comment? With that said, it's ironic that exactly two years ago today, on June 19, 2000, Southold farmers had their tractor rally. This was a peaceful display of dissatisfaction with the Southold Town Board's five acre upzoning proposition. On June 28th -- coincidentally is my birthday -- Senator LaValle in the year 2001 sent a letter to Gene Cochran, offered to explore preservation efforts along with Assemblywoman Acampora and the Governor, along with Farm Bureau's Long Island director in conjunction with the Town Board. It's obvious that the Board neglected to explore this tremendous opportunity. I can only imagine Gene's retort to Senator LaValle: It's my way or the highway. Well, we know what having an attitude does. Obviously someone hit the highway. At every opportunity the agricultural community has tried to prompt preservation as the best and fairest way to preserve Southold. Now, I'm going to fast forward -- because there's a lot of people, fair-minded people of Southold really cringing -- so I'm going to fast forward. At a recent meeting that Scott Russell put together with some of farmers and Tim Caulfield of the Peconic Land Trust, we met with Craig Richter; that was about two months ago, so I've skipped a lot of time in between. 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 . 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 e 25 1 42 2 Among Scott's proposals, he suggested extending the moratorium for another two years to get all the tools in place for preservation. Every farmer is different, all the tools need to put in place for farmers of different types and different farm family situations to make use of those tools. The comment, one of the comments that Craig made was they'll lynch me. Hmmm. One only has to wonder -- SOS -- and extend the moratorium. And I kind of doubt that the N.F.E.C. has extended the moratorium under the current rules. Hmmm. . makes one wonder. As Chair of the Agricultural Advisory Committee, I want all of agriculture to thrive and evolve, whether it's sod, horses, grapes, vegetables, nurseries and my competitors, as well as Bob Van Bourgondien, Third Generation Farm Family and continue to the fourth and fifth generation. I object strenuously to a lot of the flaws in this document that might make that very difficult for my farm family. However, I'm becoming increasingly convinced the four republican Board members don't care about the Van Bourgondiens or other Southold families for that matter; otherwise, over the last two years they would be working with us on the other tools. I also question why there's a problem with not having enough money to continue preserving what we were preserving. The Community Preservation Fund goes to the year 2020. We brought in three and-a-half million dollars. What are we going to bring in -- is that discussed in the GElS, what kind of monies we're going to bring in for farmland preservation? The County accounts for farmland preservation in the N.F.E.C. and gets a little bit bigger piece of the pie. I think that ought to be and instead of knocking heads, we'd get a lot further and be a lot fairer to a lot of people in this Town. I won't go any further than this. 3 4 5 6 7 8 9 Thank you. MR. SCHRIEVER: My name is William Schriever and I live in Orient. I've been there for 50 years. I've been living in COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 . 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 . 25 1 43 2 California the last 16 years part time, and I moved back here. So I'm now 100 percent resident. You know, I've been working in a Town out there, city called Fremont, which is the fourth largest city in the Bay area. It's about ten times the size of this town and, of course, there's corresponding issues and much more activity of this type, and I've had a lot of experience with these environmental impact statements, and these opportunities to interact with the government. And I can tell you that this is without a doubt the most useful part of the interaction between the public and the government, because for when one of these documents is prepared, the government has to dig back in its files and cough up all this information, which you could never get otherwise. And they got to tell the truth. And they got to give it to you straight. And it's just a wonderful opportunity to find out what's going on. I learned a lot by reading this, and not so much the text, but in the various attachments to this thing there were a lot of useful information. So it's a very useful thing. But the other thing that's so nice about it is when you make a comment, or you ask a question, they have to answer it. I mean, they're obligated to answer every question you ask, and that's something. You never get that opportunity at any other time. So take advantage of it. If you ask a question, they have to give you an answer in writing and it will be published. So this is your time to shine. I just want to -- I haven't written my comment out. I've been on this thing; I'm bleary eyed. I've done nothing but this for ten days, and I can't say that I have read it all, but I have struggled with trying to understand it. And in writing up my comment, I came to an interesting conclusion that I just got to share with you, and that is that in attempting to preserve the farmland, which is the only part of this thing that I'm really interested ln, there is an interesting paradox, and that is, as I interpret it, and 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 1 44 2 I'm not a lawyer -- I have great respect for Bill Esseks, and I really appreciated what he said, and I hope he will work on this -- but what I'm interpreting out of what I'm observing is that the Town could zone all of the farmland. If it didn't pick and choose but it just took all of the farmland, it could zone it to prohibit residential development, the AC zone, which was contemplated and then apparently for some reason dropped. Now, the way I interpret what I have seen, like in the taking of my wetlands and so forth, whenever the government does the same thing to all members of the class, it seems that it's fair regardless of what the outcome lS. If you went from quarter-acre to half-acre, to one acre to two acre, for every eight development rights -- so you lost seven-eighths of what you had, nobody ever compensated you for that, and now you're fighting over the last scraps basically. So, if you simply zone to prohibit residential development on the farmland, and you do it to all members of the class, the way I interpret it, it appears to me that there's no computation required. You didn't compensate all the other times you took the development rights. The one-eighth that are left, if you take that one more, but you do it in the same way that you do all the others, I don't see any reason why you can't take the last one. In all the other zoning activities, they take away rights and stuff, and they never compensate you. But the interesting thing and the paradox comes from the fact that if they zoned for say five acre zone, just to use the current example, if you zone for five acre zoning the same farmland, and then you want to take away the rights to develop that as residential property, you end up having to buy back all those rights that you gave the parties in the zoning; in other words, you're giving them the rights that you're going to have to turn around and tax the hell out of everybody to buy it back. And this is the paradox. 3 4 5 6 7 8 9 The only way to preserve farmland COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 1 45 2 is to start out by simply prohibiting the development of that farm. That is the only way you will ever preserve it. Now, the next question is: Is there a need to compensate the farmer for the loss of those development rights? And I'm sure, if you do it fairly, I don't think there legally is. I think that maybe you may feel some obligation to do it, and apparently there is some sort of consensus that we should do it, but the interesting thing is that there is a way to do it and not tax anybody, but to, in effect, by paying the farmers in development rights, which they cannot use on their own land, and then allowing them to sell those development rights to other people, who have land on which they can use them. You can make all the new development that comes into a Town repay the farmers for the loss of their development rights without doing any purchasing of development rights in the conventional sense at all. I mean this, as I see it, is an extremely attractive option. I have not written it up yet. I'm going to write it up in great detail as fast as I can. I don't know that I'll have it by the next meeting, but it is a concept which I think shows a lot of promise. But you can't start by giving the farmers the right to develop their property, 'cause once you do that, you're giving them a right that you're going to have to buy back, and we can't afford to buy all that land that's just not possible. So we've got to figure out some way to compensate the farmers by making the people who do develop land pay money to the farmers that the farmers could have gotten if they had developed their own land, and it's a way that I believe will work. One of the comments in this buried deeply In this document, there's a comment that the transfer of development rights won't work on farmland because of some health department restriction about nitrogen or something. They said it would work on open space, but it wouldn't work on farmland. I don't know any more than I just read it in the 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 46 1 2 book, but it's interesting. If you don't -- if the farmer never has had development rights on his own land, then you're never transferring a development right from that land to any other land, and, therefore, that nitrogen on that land has no bearing on the whole process. All you're doing is giving a farmer a ticket that he can cash in to get his compensation. You're just paying him out of the monies that are paid you for the right to develop other properties. And his own land, there was never any development right on that land; and, therefore, there was nothing for the health department purposes. You're never -- you're never transferring a development right. You're simply handing him the ticket that he can cash. So it's a problem only of a financial transaction rather than a transfer of development rights. So it's very important in my opinion, if you want to preserve farmland, you cannot lssue development rights on that land, because it just, it messes up everything you want to do. You can compensate the farmer but you can't do that. Thank you. SUPERVISOR HORTON: Thank you, Mr. Schriever. Mr. White. MR. WHITE: My name is Michael White. I'm the Chair of the Long Island Chapter of the League of Conservation Voters. I'm also on the State-wide board of the League. And I appreciate the opportunity to make some comments this evening. Taking a look at the Draft GElS and having an opportunity to listen here this evening, one of the main problems that I have with this document is that I can't tell what the action is that you actually intend to take. The action is not defined, and therein lies the problem. The first problem: What is everybody expecting to happen as a result of this GElS? It talks about comprehensive implementation strategies, planning and programing tools, a series of planning measures, an accumulation of plans and 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 1 47 2 interrelated planning measures, but simply put, what is it going to do? There's a list of 43 tools, I think they're called, but the question remains is: Are we going to consider doing all 43 tools or are we going to consider doing only one of those tools? And what's lacking is the analysis of the interplay between those tools. What if you do only do one, would you tell us the other 42? If it's not clear what you're going to do, then what it appears to be is a cover for some stealth plan or some predetermined measure. The action has to be clearly defined. I'll give you an example: The five acre zoning example, there's been five acre zoning which is clearly a tool to limit the density of development on property. It's certainly not the answer to open space preservation, but if you do five acre zoning and you don't address the other parts of the tools wherein to reach the obstacle or overcoming the obstacle i.e. to prevent four houses, or the detriments to farming and the farming community that five acre zoning is going to mean, how can you just do five acre zoning without doing analysis if you don't do those goals and the strategies that you intended to address in the first place. Also, with respect to farming, the League believes very firmly that we're not going to have preservation of open space on the east end of Long Island or in Southold without a very strong and well-funded farmland preservation program as recognized in the Draft Generic Environmental Impact Statement. Southold is made up of not only this beautiful open space, but it acknowledges the importance of the agricultural heritage to this community, and what this community and the people of this farming community mean to this Town. The farms, the vineyards, the farming community and the people itself, but what's conspicuously absent in the Draft Generic Environmental Impact Statement is choosing anyone -- five acre zoning without considering transfer of development rights, adequate funding of farmland preservation 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 1 48 2 programs, money for purchase of farmland development rights, all those other aspects, so you can't operate in a vacuum. If the Draft Generic Environmental Impact Statement is going to be one or 43 actions, or 43 of the actions, you've got to do an analysis of the interplay of those 42 or 43 tools. Additionally, what's conspicuously absent in the document is a discussion of the success of some of the present measures that the Town is doing. I think this Town deserves a lot of credit to be recognized for how much open space is already being protected without necessarily anyone of these 43 tools that you have in mind, or one of them. So I think the document has to, rather than consider if we don't do one or 43 of these and full build-out alternatives, that's not necessarily going to be the result. The result is at least the maintenance of the present successful programs that the Town has undertaken. So we congratulate the Town and the Town Board for trying to come to grlps with these important issues, but I [eel it's very clear at least with respect to the present document that the document doesn't meet the regulatory or substantive issues that the Town Board is trying to enact. Thank you very much. MR. KEIL: My name is Eric Keil, Mattituck resident. I would also like to call on the Town Board and the Committee to make a more lengthy than three-meeting investigation and review of this work. I didn't have the luxury of having ten days to review this document, but Just in the one day that I did spend on it I found a large number of errors, mischaracterizations, mistakes and significant errors in the computations relating to the theoretical density reductions based on a five acre zoning increase. If you look at Appendix Fl Part 2 it states that we have 5,500 subdividable acres in the AC zone. This comes out to using the formula as theoretically 2,078 units. Unfortunately, when you add in the number of vacant units, you come up with a total of 2,321 possible units In the AC district. I 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 1 49 2 don't know, what's unfortunate about this is the statistical analysis that you used to determine the density. You totaled all the acreage so that you have a fairly significant error to the tune of approximately 145 lots. So that you overstated the benefits of five acre zoning by 145 in the R-80 zones by almost 40 percent. I don't know if you understand what I'm saying or not, but if you -- you totaled all the acreage and lumped it together, in your statistical analysis and I don't think you intend to rezone land that's already subdivided, and so that's what I'm talking about. This error also went to your analysis of the R-40 zone as well, and what the impacts of the proposal are, if you extrapolate, the same error was carried in to that zone as well. That's with less than one day's investigation of this report. I think the more we investigate this the more errors we could find. I know a lot of time's been spent on this, over eight months, and I think that three Public Hearings is not enough time to flush out all the problems that can be in here. Additionally, I think that we should extend the moratorium and keep the Public Hearing process public and that the recommendations that come out of this work truly will do what the community intends them to do. I'm not sure that the Town Board or the committee understands what I'm talking about, but I'd be happy to explain further if the point wasn't well made. SUPERVISOR HORTON: We'll check. MR. KEIL: I guess that means no. In other words, if you look at table density, reductions are calculated, that's where the errors occurred. SUPERVISOR HORTON: Thank you. MR. MEINEKE: Good evening, my name is Howard Meineke. I'm the President of the North Fork Environmental Council. Well, there's been a lot of impassioned oratory here and that's also a tough act to follow, and what always bothered 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 1 50 2 me with impassioned oratory is it isn't always necessarily firmly fixed on fact; so it immediately becomes a battle of show biz presence to make your points, as opposed to fact; and that is inevitable at a time like this, but it bothers me. Now, Mr. Esseks is an excellent speaker, certainly knows a lot about this issue, but when he was talking about zoning, he made it sound, or what I heard was that this upzoning is bound to fail in court. And I don't doubt that there are a variety of very acute reasons and logical ways to make it fail, but there are very many examples of upzoning that did not fail in court, and there are places that preserved themselves successfully in the long run by using upzoning, and we have yet have not had explained to us places that preserved themselves over the long run without using some mandatory efforts. So I think there was a spln in that and we should realize that upzoning has been approved in many court decisions. 3 4 5 6 7 8 9 Now, another thing I thought I heard is traffic. We talked of the trade parade, and somehow when we got to upzoning and reducing build-out, it sounded like we had a bigger trade parade. Well, maybe I misunderstood. Let's go back at it. If we maintained the two acre zoning, there was something like 5,000 houses if no preservation was intact. Five thousand houses is a lot of traffic. It makes a big change on the whole rural atmosphere of our Town, so let's not just focus on open space and farmland because what we have to offer here is a whole magical situation, and traffic and the increase of frenzied activity and the inability to turn out of the King Kullen and little aggravations like that have a lot to do with the quality of life, have a lot to do with that makes this place special. Now, more houses make more taxes and more taxes is something that the fixed income people here should listen to carefully because it's very important. Some people may move out of here and go to Carolina because COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 51 1 2 they think they can find a slower pace of life, but a lot of you that like it here may move to Carolina because it's more affordable. If you keep the taxes down you have a chance to do legislation that will give you affordable housing. If you don't keep the taxes down, you might have affordable houses, but if you can't pay the taxes, you can't live in the affordable house. At the present rate houses on two acres somewhere in the existing housing stock, so the affordable housing argument is something in my view of a paper tiger because you have to do something legislatively to make affordable housing, and if you control taxes and don't allow the build out to get out of control, you could have affordable housing. Now, the report, you should read it. I think that there is so much oratory and everyone that speaks to the report has a side of the argument. I didn't hear too many neutral voices out there, so there is spin and I think if you're going to make up your mind and you're going to write letters and speak and possibly ultimately later in the years vote on the issue, go to the library, get the report and read the report and make up your own mind, because I don't think when you filter out everything you are hearing tonight you're going to have a base of facts that are going to let you make up your mind honestly. Now, the report did have a section where it looked at what it called a "No action Alternative." Now, the no action alternative is, Let's keep doing what whatever we're doing. Let's utilize the voluntary methods. Let's do what we can. All that stuff that is not mandatory, and the report said that the no action alternative will not achieve the entire desired goal. And this is your 80 percent, 60 percent, and this is the goal that's been unanimously approved by the Blue Ribbon Commission and is essentially the goal of 30 reports that are gathering dust, reports in the basement of Town Hall. Reenforcing our ability to buy the land, Now, I do a lot at N.F.E.C., but one of the things I don't do is hobnob with the 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 52 1 2 inside track or have personal phone numbers of people that can get me money for land preservation. But I do come from a small business background, and I do know that when you have red budgets, you're very careful where you spend your money, and everybody in the County, every municipality has a very red budget. So if we are going to plan on that the funding for land preservation will pick up, think it if will, but I feel as though it's a pipe dream, that's a judgment call. A lot of things are judgment. It's all in the future. You can't know. You can just apply your brain to the problem and see if what you think taking dedicated monies and putting them in this, I have trouble seeing big money coming to land preservation out of the budget crunches that are out there. Now, maybe we should extend the moratorium. I certainly do not press for premature discussions, but I have heard a lot of criticism of the report. It's a detailed report. There's a lot in it. I think it's very difficult to do a document of that size error free. I don't think anybody could do that. Now, whether we're uncovering errors of such weight that we can't act on it, maybe there's some legal opinions that that is true. I'm not sure that I believe that. I think what with that the potential of water coming, because we all know that there has been an absence of development pressure because the land under the farms -- the water under the farms is all polluted, and we know that the builders are working their way through the separate -- single and separate lots, which don't require it, and there will be very heavy development pressure. There will be the potential of building a lot of houses; there will be a pressure to get that 6,300 house number, we know that. But there are a lot of us that feel that traffic and construction right now, this place is losing a lot of what it had, and this place is not just for the people who live here. It's for people from up west, any number of people, and here they do their farm standing. They come out here and they take vacations and play 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 golf. This is a natural resource for the metropolitan area to the west that shouldn't be casually wasted. I look at it as an endangered species, and I think we're at risk of killing off that endangered species, and I would urge the Board to consider the moratorium if the work load appears that that's necessary. But I do think that working through it and the no action alternative was clearly vetoed by the report. The report does speak optimistically of the number of the other upzoning reports. I think the Board should separate out what has to be done to stop the bleeding, and what has to be done to make the whole, to utilize everything that's in the report. And they should start to work on the upzoning alternative, along with whatever parts are necessary to make it all work. But I think that that's a very big document, and I don't think the Board is able to put 27 operations all on the front burner and get anything done. And this is a matter of if we say we're going to do that, we will extend the moratorium, and at the end of that moratorium, we'll have a meeting just like today and worry about extending it again. Thank you. MS. WICKHAM: Good evening, my name is Gail Wickham of Cutchogue. I do appreciate the extent of the amount of work that went into it by the planners and everyone else involved. I'd just this evening like to see if I could clarify the full buy-out -- build-out analysis report, because that 6,000 figure is the one that's going to get the press here and even Mr. Meineke acknowledged that it is probably an inflated figure that's not going to happen. I wanted to clarify over what time frame that full buy-out was contemplated; was that as long as it took? MR. VOORHIS: MS. WICKHAM: MR. VOORHIS: MS. WICKHAM: statistical analysis like 1 2 3 4 5 6 7 8 9 Yes. I'll Yes. When that 53 assume yes. you're doing a on a COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 . 25 54 1 2 theoretical basis, you're making a lot of assumptions, obviously, did you contemplate any specific margin for error In that area? MS. SCOPAZ: What do you mean by margin of error? MS. WICKHAM: Well, when you do a statistical analysis and you come up with an estimate, generally there's a deviation of the figures from what could, in fact, occur. MS. SCOPAZ: I think the answer to your question, very briefly, what we did in the analysis, keep in mind that the purpose of doing the build-out is to give you some kind of benchmark, someplace to start your comparison to get your alternative. You have to start somewhere. The numbers that we got from the Suffolk County Planning Department seemed to us too high, so we went through the whole exercise of taking out of the mix properties that would not normally be developed because they're unbuildable. MS. WICKHAM: Right. And that was part of your analysis in getting some of the assumptions that you made. But once having reached that number, I guess the answer I'm getting is there's no estimate in your report as to what the margin for error could be, and so it could very conceivably be less in terms of what might actually happen. I don't know whether in coming up with your assumptions you gave any reduction for the fact that not only does the Planning Board have area criteria in subdivisions, but that there are significant Health Department constraints that may further reduce your density. I didn't see an analysis for that, and I'm not sure that, although I did see you took out wetlands in terms of coming up with acreage figures, I don't know if you went beyond that and assumed, which I think is a good assumption, that even on an upland parcel there are areas that are too close so that you would be further reducing the ability to subdivide a property. So I do think there are probably a number of lowering assumptions in that number that need to be explored, and also, I think it's important that the public understand that 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 4 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 55 1 2 it does not appear that that figure presumed any additional preservation efforts on a voluntary basis. And so this is the absolute worst case scenario in a perfect developer's world, where nothing bad goes wrong for a subdivision, and that's not the real world when you're subdividing property, so I'd like to explore that more in my next comments. Thank you. MR. SAMUELS: I'm Tommy Samuels, and I live in Cutchogue. COUNCILMAN ROMANELLI: Is that 3 5 6 7 8 T-O-M-M-Y? 9 MR. SAMUELS: It's ironic that those who are the greatest supporters of five acre zoning, for example Mr. Romanelli, use the no-action scenario as the fact, in my conversations with him. That it's either/or, like what the heck have we been doing all these years? The Town's done a remarkable job, the County's done a remarkable job, everything seems to be working, Mr. Wickham informs me that there's actually a ten acre per residence situation. The use of the scare tactics of the no build-out -- of the build-out, is reprehensible. That really is not going to happen. But I'd like to address the moral issue. And the moral issue, whether it's a legal issue, for me it's a moral issue, you're asking a small number of residents of this town to bear the burden of the open space for the rest of the Township. Let's just suggest for the moment, I bought my house in 1959 for 27,500; it's on the water in Nassau Point. I've been offered $2,000,000 for it. Why don't we have a capital gains tax for people that sell their houses that have made 26 percent a year or whatever it's been; why don't we do that? Why don't we do that? Because we can't do it. We can't do it legislatively. But anybody who is in this town for any length of time has profited greatly, tremendously, but yet you're asking the farmers, of which there are few, say 1.4, but how many farm families? How many families that were farm families that had their property in some way decreased in value over the years? How many are there? COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 56 1 2 Apparently there's more than you believe there are. Now, I know you, John, and I know you, Craig and I know you, Bill, and you're not mean-spirited, and you're not immoral. I just don't think you see the issue. 3 4 5 To Mr. Meineke, I would say it's not going to be Greenwich here. It's not going to be Muttontown; the type of community that Southold is why I'm living here and not in Southampton. It's different. People are conservative; for the most part they're not wealthy. There are exceptions. But if you look at waterfront property, where there isn't anymore, where now it's tear down and build another one, that's where the great increases have occurred, and they're dragging along the other homes. But the farmers should not bear the burden by themselves, we've got to figure out a way. And there are ways. No action is not going to happen. I have prepared in my lifetime, probably four environmental impact statements, and I know what you can do with them. It depends on which direction the person hiring the consultant wants it to take, and I don't blame these people, these consultants at all, because that's the name of the game; that's the way it works. That's why SEQRA is such a weak situation. It's used in devious ways in both directions. Long story short, there's nobody that I appreciate more in this town than the farmers who have succeeded. They are really good businessmen. It is tough. It is tough. This year is going to be a brute with the weather we have had; and to ask them to give up the appreciation of their real estate values. Is not fair to them. It is immoral. I hope you extend the moratorium. At least until December as Mr. Wickham is suggesting. Give the Town a chance to look at this document, find if there are, in fact, errors. If there are errors in there, I'm sure they are inadvertant. I personally feel that it was prepared in too short a time period. I think there was too much to do in 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 57 1 2 there. 3 I remember my son chairing the U.S.-U.K. Study. They worked on it for two years, two years. The Town didn't implement any of those recommendations. The hamlet was defined in the U.S.-U.K. Study. But what happens when you want to do something within the hamlet halo -- which lS an awful word for it, hamlet halo. Try something; try to build something in the hamlet. There are people in this room who have attempted it. NIMBY rears its head. What you need, get started with a housing authority that has bonding potential; buy some land for some people; people set up a program of buildings and houses, some garden apartments for young people so they can earn some equity and save some equity. Do what East Hampton did, on resale you only get the rate of inflation. You have to sell it back to the housing authority. Give them a break. Start with that. If you want to go upzoning in certain areas, go ahead, but don't kill the farmers. Do not kill the farmers. They're some of our best people. I went to my grandson's graduation, sixth grade graduation, and I looked around and I heard the names and there were an awful lot of farm kids and ex-farm kids, and they were beautiful kids, some of whom want to live here. My granddaughter wants to live here. So let's give the farmers a break. Don't act precipitously. You have many events coming up that would give you a better feel as an actual referendum on this entire issue. Some of you on occasion have indicated the willingness to listen. I hope you all do. But the no action scenario just isn't going to happen. Thank you very much. MR. HUNTINGTON: I'm Ray Huntington from Cutchogue. I read the report, to the extent that I believe I was able to in the time that I have had it. I've been looking for some things in particular. It is a comprehensive review. The various Southold -- Southold's various (inaudible). It contains many interesting 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 . 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 . 25 58 1 2 facts about our town, useful facts and the availability of the text on the internet is a very good plus. People of good faith submit that without a GElS in today's world it is impossible to move forward with the changes that we need. The shame of that is that it's true. Be that as it may though, because what I was really looking for in this report was apparently not instructed for by the Town Board, and that was an action plan. Some may say that's the next step, and that's fine, if we had time, but there's a management role to be played here. I've been educated in management. I've enjoyed a full career practicing. As a young engineer I took pride in my drawings. I believe that they were the product. My boss enlightened me, however. He told me that I was not paid for how pretty my drawings were, rather, that I was paid to transfer the ideas in my head to those who were going to produce the product and get the result. I changed my style. Our product here, the thing we're talking about is the preservation of our lifestyle as well as we can manage to do it. It's a time-limited problem that we have studied for years. The time frame with which -- within which this situation can be addressed is almost at an end. We need an action plan now. I suggest that the Town Board instruct the moratorium team to extract an action plan from the Draft GElS and do so forthwith. I have taken the first step towards this by reducing the five inches to one-half inch. I have it right here. It does remain that for the Town Board to devise a system to win over these pages and instruct a team to write a set of objectives that can be accomplished. Then, with the objectives set at hand as an action plan, it remains for the Town Board to debate and act. These are the steps that I know are not foreign to you. Those are the things that you do all the time. But this study has 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 . 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 . 25 59 1 2 ranged so far and so wide that it will never be completed the way we're going. I'm going to get a little tutorial. Unlike a goal, which is a hope or an aspiration, an objective is a statement of work that is measurable with respect to time, resources and result. It's completion advances the system towards the goal. Goals and objectives are different. Now that we almost have a GElS, let's work on an action plan in parallel, let's surface those items which seem to have the most viability that will focus on energies and we will get there in a shorter period of time. This is necessary because there is not much time left. One last thought I would like to offer to the members of the Board, and that is to ask yourself on this job, who is the taskmaster. Who is the taskmaster on this effort? And, does the taskmaster understand your expectations? It's an important question. Thank you. SUPERVISOR HORTON: If many more people leave, we're going to have to go back to Town Hall, sir. MR. NICKLES: Good evening, I'm here tonight -- John Nickles, Jr., Southold. I'm also the President of the Southold Business Alliance. I'm here tonight to present to the planners, consultants, the Town Board and the residents of Southold Town some new ideas from the Southold Business Alliance. It should be considered as comment in the DGEIS. A few of the tools that were considered in the study are discussed, as well as a few new tools and ideas that may not yet have been considered. Southold Business Alliance would like to present to you a way to control growth without more restrictive zoning. The following, which I'm about to read, is a summary of that plan. They call it the F.A.I.R. Growth Management Plan for a Rural Southold. Fair lS an acronym, stands for "Foster Agriculture, Investment in guaranteed preservation and Responsible growth" The F.A.I.R. Growth Management 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 60 Plan for Rural Southold employs an incentive-based approach that will be driven by the demand of the market. The more the market demands, the more landowners or developers will try to meet or exceed the long term goals of Southold Town or raising taxes by site plan advocates who will. It means that as demand rises among the limited annual supply, the rate of preservation will rise with it. The residents of Southold Town pride the local agricultural economy and the quality of life that a rural community provides. This legislation recognizes that the best way to achieve preservation is to assure the success of agriculture. The Town finds that the ownership, use and value of private property is integral to this stated purpose and therefore resolves the following facts, policies and measures. (1) Foster the business of agricultural in Southold Town. The best way to do this is by simply not placing new restrictions or regulations on their land. Regulating what type of farming is acceptable in Southold Town and using scenic overlay districts to prevent expansions of indoor agriculture, agricultural industries locks out more advanced efficient, environmentally friendly and evolving agricultural technologies. These technologies may very well assure agriculture's success well into the future. (2) Recognize the success of voluntary preservation efforts and create new incentives for landowners to choose preservation. (3) Recognize that restrictive zoning and burdensome regulations have impacts upon the business of agriculture and on business in general. (4) The purchase of the development rights and scenlC easements are a guaranteed investment in the preservation of farmland and open space properties; investment in future of a rural Southold is the only way to guarantee permanent preservation. (5) Create incentives to utilize COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 61 conservation opportunity subdivisions on all farmland and open space properties guarantee review and approval within one year of application. Development rights, along with the fee simple of the land, remain intact to be sold or gifted to any public or private land preservation entity. (6) This is a new tool. Responsible growth rate limitation. Create legislation that limits the total number of new house permits to be issued in any given calendar year. The responsible growth rate limitation should be derived both by the average new house permits over a ten-year real estate market cycle to be fair to the local building community, and it should also be derived by what the Town of Southold believes is responsible and sustainable to meet our long term goals. A balance must be found that respects the property rights of undeveloped landowners as well as the wants and needs of the Town. (7) A new tool. Building permit restrictions. Recognize that it is preferable for new homes to be built on already existing in-fill lots, these are the lots that are established in the community that have been sitting there. Currently there are approximately 2,000 of these existing lots. Create a new policy for existing stock for single and separate vacant parcels. The Town reserves a fixed number of new house permits, and that's a number that should be determined as effective to make the plan work and that's also fair to property owners, for these in-fill parcels. This fixed number of parcels should be reserved until October 1st of each calendar year and then set the policies that implement the goals of the Town. (8) This lS a new tool. Responsible Development Rate Limitation, create legislation that limits the total number of building lots that may be created in any given calendar year. This rate of development should be derived both by the statistical growth rate of the Town, the anticipated growth rate of the Town, as well as what the Town of Southold believes is COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 62 1 responsible and sustainable to meet the long term goals. Once again, a balance must be found that respects the property rights of undeveloped landowners as well as the wants and needs of the community. (9) Recognize that the subdivision of land within or near developed areas is preferable to the subdivision of land within or near undeveloped areas. Set policies that implement the goals of the Town. (10) And this is the final tool. It's a new tool. Competitive evaluation and selection process. Creation of this process would further provide the competitive incentive and framework for site plan applicants to meet or exceed Southold Town goals. Guidelines for site plan applicants to achieve the long term goals of the Town should be codified and a related scoring system for site plan applicants should be enumerated. In conclusion, the F.A.I.R. Growth Management Plan allows the landowner to maintain all of the economic benefits of two acre zoning with an impetus to achieve five acre density or better because of the limited amount of development allowed on a limited basis and the competitive nature of site plan approval. Any landowner or developer would choose an option that seeks a maximum economic benefit in the shortest amount of time. Once again, if there were strict limitation of the number of subdivision lots created or approved annually, subdivision applicants would not risk being passed over by another who would choose to go the expedited conservation root. If we implement annual responsible growth and development rate limitations, we can guarantee managed growth. Preservation can be achieved and growth can be managed without rezonlng land, without taking individual's land or development activities and without jeopardizing successful voluntary preservation programs. This plan is fair. It shows respect for the property rights of every Southold resident, while guaranteeing a manageable rate of growth combined with COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 63 1 2 powerful incentives to preserve at a minimum five-acre density or better, and there are no limits imposed upon voluntarily preservation. Members of the Town Board issued a challenge to the residents of Southold Town to find a better way to achieve preservation than five acre zoning. If this challenge is sincere then the Southold Business Alliance presumes that the Town Board will look upon this plan and combination of tools most favorably. The doom sayers keep reminding us that developers are coming; that they have no where else to go with their truckloads of money, and it is a certainty that they will try to build out our Town. They keep telling us that we're at a crossroads, that we have to do something and do it before it's too late. With that in mind, the Southold Business Alliance offers the residents of Southold Town this business program conceived and designed to address the fears of the worst-case scenarios that may arise with overwhelming demand and rapid or disorderly growth. The strength of this plan is that its success will actually increase as demand increases. We invite those individuals and groups who have been in favor of five acre zoning to join us in support of the F.A.I.R. plan, specifically the North Fork Environmental Council, Save Open Spaces Now, our Town planners and especially the Southold Town Board. The demand for real estate on the north fork and your support will guarantee the success of this combination of tools. I have complete master copies of the plan. This was just a summary that I read to you. And I'll distribute them to the Town Board, the Planning Board and the media, and I also have a short executive summary of the points of the plan. Thank you. SUPERVISOR HORTON: Any members of the public that would care to address the Board on this Public Hearing? MR. MARSCHEAN: I would like to congratulate the people who, not having heard the beginning of some of the people's comments, I would like to congratulate the 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 It 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 It 25 64 people -- I'd like to thank the people who put this report together. I've worked on environmental impact statements during my career as a professional engineer, and the engineer before me I congratulate. I endorse a lot of your comments. I believe there should be a project manager that directs the action plan, but the report itself I think is a good one. It establishes a baseline for this community, regardless of some of the people acting a little bit picayune about some of the statistics. I think the only thing I can be critical about is that some of the people on the Town Board felt that there wasn't an executive summary for this particular report, and there was. I went through this report on horseback and some of the comments I would like to make is that I think most of the people in this Town who have not been afforded the opportunity to read this report I think a shorter document could be put together just by Xeroxing certain sections of this report, which I would like to just mention right now. I think the first 22 pages, if I remember correctly, of the executive summary should be made available to people at the library, along with at least three or four tables, Table 3-1, 3-2 and 3-4, as at least a minimum document that should be made available to people at the library so that they can read it at their leisure. To have a document like this left at the library for only one person to take out and one document to stay and for the short period of time that people were allowed to examine it, I think was not a very good thing. In fact, the Blue Ribbon Commission, one of its precepts was that it was supposed to have Town Board meetings like this, which it never did. And the thing is, I think this 1S the thing that's causing a lot of people to maybe come up here and make some statements without any knowledge, and it's not because they don't have the wish to have the knowledge; I think that we have not done a COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 e 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 65 1 2 good job educating the people of this Town as to what we face. Some of the comments that I'd like to make that I think this report serves as a good baseline for is that Table 3-1, which is the full build-out analysis, and whether people are going to quibble about how that was put together or not, I don't think this is the night to do something like that, I think we should talk in global terms. As you look in all the particular areas that have been defined, such as the AC area, R40, R-80, all through that table, you'll find out if you sum up the property that's less than two acres, less than two acres in this Town, starting with R-40 and R-80 and working your way through, you'll come up with a number that's about 4839, which is what I came up with just through a calculator. The total that I came up with, the total I didn't agree with, and I'm not going to worry about quibbling about getting the same total as you did; maybe I was doing this at a time of night when I shouldn't be doing it -- but it was 7160. So the lot size, less than two acres comes out to 67.6 percent. So if you're looking at land that's at risk in this Town, it's not the farm land. It's land that's less than two acres in this Town. That's what the report says. And then if you take land less than one acre, it's 48.3 percent. And if you take land, and if you -- I can't read my own handwriting -- So the thing is what I'm trying to point out here is that the land that is being developed in this Town at a very rapid rate by spot builders and you people who live in places that are less than two acres, and I assume most of the people In this audience live in places that are less than two acres, you can see it around you. This is what's happening. And the reason that they're building in less than two acres is a very good reason, is because, another theme of this report, which I think lS a very good theme of this report without stating it as such, is that all you have to do is sum this report up In certain sectors, in certain three words: 3 4 5 6 7 8 9 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 66 Follow the Water. This is where people live. Follow the water. This is where all these hamlets have grown up, and this is what we have right now, 20,000 people live where the water is. You've already heard that the farmland doesn't have the water, and any water that they do have is polluted. So people, if they're going to buy property on the east end, they're going to go where the water is, and they're not going to get themselves into a situation where they have to worry about the quality of the water. Now I can speak a little bit about the quality of the water 'cause I happen to be working right now as a consultant on the power plant in Greenport, that's why I was late getting here tonight. Just so you people know, we have fired off the unit. We've worked three months since March of this year, three months and one day. We will now have 54 megawatts for the infrastructure of the people of this Town, so that when they start lighting up their barbecues and using some of the power, air conditioning, if you remember last summer, you'll have 54 megawatts of power in this Town starting July 1st, when the plant goes commercial. Now, one of the sidelines of developing the power in this Town is that we had a problem and we still do, I think to some extent because all the lawyers haven't gotten their act together, that we have a water problem with the power plant. Many of you people were reading some of the reports in the papers. You read about where the water quality wasn't available from SCWA, which is Suffolk County Water Authority -- That's another thing I might want to criticize, some of the people in the report here. When you have acronyms, I know you've done a very good job of spelling out what the word is when you have acronyms, but after you read for about ten or 15 pages, maybe at 2:00 In the morning you forget what the acronym is, so in the summary I told you to put in the library, make a table of contents for the acronym so if somebody wants to refer back to COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 . 25 67 1 what the acronym meant, it will be a handy reference for them. The point I'm making about the water is that we are now using gray water at the power plant. For those people who don't about know what gray water is, it's water that is coming from the waste treatment plant. It's being used at certain times of the year where it can be used and certain times of the year where it will not be used is where Suffolk County Water Authority wouldn't be able to supply, which is during the summer months when your greatest demand is on their well. We have a water problem in this Town whether you people know it or not. So another criticism of this report is I think that somebody ought to make a matrix table, you have all the data here, where you have all the water in Table 2-1 of the amount of water that we have available and try and cross reference that with the lot sizes so you know where the water is with respect to where the lot sizes are. And you'll be able to see a very nice way where the people, when they come here, if they're going to develop houses and so forth and so on, this is exactly how it's going to occur. People will do this; they will follow the water. So you should have a cross reference table between where the water is and where the lot sizes are as you broke down in your Table 3-1. Now, further on with the water, because this came upon late in the design of the power plant, you had to put in an R-O system. For you people who don't know what that means, that means a Reverse Osmosis system, which is a cheaper form of desalinization. And because we're using waste water now, that design had to be backed up with a filtration system; so this is part of the enterprise that we have at this power plant. Now, why am I telling you this? Because the thing is that if we're going to build out to some degree, whether it's the 80 percent, 60 percent slash number that we talked about at the Blue Ribbon Commission, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 . 25 68 the thing is I think you ought to get Steve Jones and the Suffolk County Water Authority who the report refers to is also doing some kind of parallel report I think right now, get him involved so that you can have some idea as to what the cost of putting in an osmosis system is, reverse osmosis system for a well that is not a good well and to save that well, and you can still use that water. The alternative to that if you're in a very poor area, you must think about modular desalination plants, and these things are not that expensive. But people have to realize if they're going to move here, this is the situation that they're going to come into if we start this any degree of build-out with the remaining property that's in this Town. So I think the water matrix, Steve Jones, input to you as the Town, you people have to approve where he puts wells and lines and things of this nature, but I think the public is entitled to know that water is a critical problem in this Town. I guess maybe I was the only one that spoke about this, but there are other things that are critical in this town, I think they've probably been spoken to already as far as traffic and other infrastructure problems. So I apologize for being a little bit late tonight, but I just wanted to announce to you that we have a real tremendous success in Greenport tonight, and I'm a tired guy and I'm going to go home to bed. SUPERVISOR HORTON: Thank you. MR. MUDD: Steve Mudd from Southold. Couple things I would just like to clarify, if I could, please. Many discussions about the pluses and minuses and negativities and all the above regarding landowners that are involved, and people that really don't have anything at stake. And one thing that has been repetitious since the beginning of the discussions, from Dr. Cochran's administration, was there was no continuity in feelings about loss of equity. Now, Steve Weir has gotten up COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 69 tonight, in my opinion I thought he spoke very graciously, put facts on the table. Steve Weir has made other presentations to Town Board members at other public hearings. He's been discredited because he's Farm Credit, and he's not a bank. He's not a normal bank, and what I have with me tonight -- I'm disappointed this hasn't come up before because some of the people have received these letters before from bank presidents from our normal lending institutions here on the north fork. One from the president of Suffolk County Bank, one from the president of Bridgehampton Bank, Steve Weir's letter, which is discredited because he's not a bank, and North Fork Bank. I believe everybody here is familiar with all three of those lending institutions. I'm not going to sit here and read all three letters, and I made copies for everybody because I think it's way past time and due on this, I don't buy that lost equity crap that I've heard so many people, some of which are sitting here at the table tonight, and I'd like to resolve that issue, and I'd be willing to contest the discussion about it with everybody in regards to what the bank's position is on this loss of equity. I'm going to read one letter. It happens to be from Suffolk County National. I'm not going to sit here and read all of them. I made copies. I'd like to turn them in for everybody's review. It says: "It has come to my attention once again" because these banks have been contacted again, some of the letters I have are dated 2001. They didn't get any recognition or acknowledgement that there is a loss of equity, so this is another one that's dated June 13, 2003, from Suffolk County National Bank, President Kohlmann. "It has come to my attention once again that Southold Town has legislation pending regarding upzoning. It is my belief that this upzoning would cause one of the basic principles of our country, the right to private ownership of land, to be violated. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 70 "For the farmer, his land represents his equity, his legacy, his life, and the economic value of that land affects his well-being and possibly the lives of future generations to come. Typically for a farmer his only wealth is his land; therefore, I believe that the upzoning to five acres is unjust to the landowners. Should the zoning proceed as pending, the Southold farmer would not receive fair compensation for his land if he were to sell it" -- post five acre zoning change -- "The multiple expressed as quantity times unit value most often does not compute. That is to say, the economics of five acres is not five times the value of one acre but most often less. It is my view that, as proposed, this legislation essentially compels the farmer to consider selling his land sooner due to the consideration of reduced value and potential change of zoning again downstream. "Additionally, the landowner/farmer is not the only one impacted by the proposal, but rather it will take its toll on the neighboring businesses as well. Farming requires capital with debt and collateral being a viable component. Diminished land value lessens available collateral thereby reducing his ability to borrow. "In closing, as a member of the local business community, I respectively request the authors" -- excuse me -- "the authors of this legislation to reconsider for the good of the landowners, the people who made Suffolk County and Southold Town what it is today." And I made copies and I'd like to leave them here for some of the Board members. On a similar note -- I have North Fork Bank, I have Bridgehampton bank as well (handing). I'm confused over a comment that Mr. Meineke made this evening, stating that all the building that is going on now is way too excessive as we speak. And this is prior to even a consideration of the zoning change that we're talking about possibly implementing. Coincidentally, I spoke with one of our local asphalt companies a couple COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 . 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 . 25 71 days ago, and I asked this individual who runs a local company, what is his percentage of work that he's doing in major subdivisions versus single separate lots -- separate single lots that were pre-existing, less than two acre density; he said 99.9, to nothing, there's nothing going on. But on that note, I'm confused over Mr. Meineke's statement about excessive building that's taking place now and the traffic of trades people that's taking place now. It's not on farmland. I don't think anybody's going to dispute that. And it would be kind of nice if certain members of certain groups would spend some of their efforts on trying to critique that situation that we have at hand, if they put half that focus on that versus what we're here for this evening, I think we would solve a lot or our issues. I want to thank you for your time. I made copies for everybody and thanks. MS. KRUPSKI: My name is Helen A. Krupski. I reside in the Main Road in Peconic. I'm not going to comment too much on this document that we received. Some of us have looked at in part, some of us have not looked at all as we haven't had time as yet. But I'm going to speak about this more on a personal nature. There was a letter in the local newspaper and Mr. Wickham read part of it. I would like to read the entire letter In full, in its entirety because I would like it to be part of the public record. I'm a little bit horse tonight; can everybody understand me? SUPERVISOR HORTON: Yes. MS. KRUPSKI: A picture represents a thousand words, and I think that's true. This is the letter. It's an open letter to the Southold Town Board. I'd like to address it to the committee who came up with this $200,000 document that we're all talking about tonight. "The Krupski family objects to the use of our picture in the Southold Comprehensive Implementation Strategy and COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 . 25 72 Draft Generic Environmental Impact Statement. "This picture represents an endorsement of a document that seeks to destroy the rural character and agricultural heritage of Southold Town. This document does not accurately portray agricultural, but instead would undermine and eliminate it as it exists today. "We, the undersigned, demand that all pictures, images and specific references to Krupski's Pumpkin Farm and Krupski Farms be immediately removed from all drafts, including the DGEIS on the Town's website. "In addition, we demand an apology from those responsible for using our image, our logo with our name on it without our consent. "If you want to know how this proposed document will negatively impact agriculture ask a farmer." Thank you. SUPERVISOR HORTON: Thank you, Mrs. Krupski. On behalf of the Town Board, we apologize for that being in there, and we'll see that it's removed. Yes/ sir. MR. CONWAY: It's going to be a bit of a subject change, even though I do have a personal interest in the zoning changes. My name is J.L. Conway. I am one of the Commissioners of the Southold Park District. I would like to comment on some of the references in your study about the parks located within the Township of Southold. On Page 1-42, Item Number 27 under the heading of "Administer Parks of Town-wide Significance," second sentence states: "These partitions are supported by tax levies." We feel it should also note that only the residents of the park district pay the taxes. On Page 1-45, Item Number 32, under the heading of "Park Districts/School District Boundaries Conformity," it is recommended that the boundaries be redrawn. Again, we would like to point out that only park district residents pay park district taxes, and it is their tax dollars only that COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 73 maintain park district properties. On Page 2-58, under "Park District Beaches," the park's inventory of Southold park district is listed, fourth park listed is the Horton Point site; the second states: "The lighthouse site was converted into a museum maintained by the Southold Historical Society." This is not correct. The lighthouse and the grounds are owned and maintained by the Southold Park District. The ground floor of the lighthouse is on loan to the Southold Historical Society for use as a museum. On Page 3-41, Item Number 27, under "Administer Parks of Town-wide Significance," the first sentence states: "This tool will provide for Town administration of parks having Town-wide significance." What does that mean? SUPERVISOR HORTON: I don't have an answer to that question. MR. CONWAY: Does anybody? I'll leave you a copy of this and we'll send you a letter from the park district so we can have that one response clarified. Thank you. SUPERVISOR HORTON: Mr. Costello. MR. COSTELLO: My name is John A. Costello. I am from Greenport. I was born in Greenport, and I know what people are trying to do with the plan for Southold. They're trying to keep Southold the way we love it, the way it was, the way it is. And let me thank the farmers, all the farmers for persevering and keeping it as much like it was as it is now. They've sacrificed. Mr. Samuels said that, and by God they've done it. They have done the biggest part in keeping Southold the way Southold is. The ma-pa delis are gone. 7-Elevens are here. Things are changing. People are coming. People want the farms. They want that type of life, and, personally, I am for the four, five acre zoning. I am for 25 acre zoning. Find out where the most sensitive environmental lands are; categorize them; evaluate them; save them. We all want them. Band Pond, Hallock's Bay, we want the COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 74 sensitive lands to stay. It's not all the farmers. It has nothing to do with farmers. The five acre zoning shouldn't be pertaining to farms. It should be pertaining to sensitive lands. Do you know who's going to own a 25 acre lot? The wealthy. Who's going to own a ten acre lot? Again, the very well-to-do. The five acre lot, again, money is going to own them. We have to do and compensate and try to keep the most valuable assets of Southold Town here. It's our view. It's the farm kids. It's their grandchildren. They're going to leave. With 25 acre zoning, ten acre zoning, five acre zoning, they're going to leave. They can't afford to stay. So to compensate for that, you need the two acre, the one acre and you also need the quarter acre. There is ways to get water. Put the water in. Get the small lots. Make it so that we, and our children and our grandchildren can stay here. Without it, we're all going to lose. You're not going to have Southold. They're struggling to stay here now, and it's not the farms. It's not the five acres on a particular farm or any farm. Those people that persevere and continue to persevere, I just hope all the farmers, their children will stay farming and their grandchildren will keep farming. Please, do it all. Don't do one portion. Do it all. Go for the 25 acre and the quarter acre. Do it all, please. SUPERVISOR HORTON: Mr. Baiz. MR. BAIZ: Good evening, I'm Chris Baiz of Southold. I just have a few comments. I think the best day in the last five years was a November evening in 1999 when this community pulled together and voted in the community preservation funds for farmland and farming preservation. Since then, elements have been tearing us asunder, creating fear, and COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 75 basically stealing our democracy from us by creating this fear amongst us. I'd like to see this community come back together again. A community that works and earns preservation earns the right to have it. A community that goes in to asking one element of the community to bear all the brunt of preservation while the rest can reap the rewards, whatever those are, increased house values, protected public view sheds, that the farmers have provided in the first place, and kept there, but now taking that privilege that the farmers have given them and declaring it a public right by not allowing farmers to put up fences as needed or hedge rows or hedging as necessary, basically corrupts the process for us and what we do. What I would like to see is a return, basically, to our principals of what we have been doing and doing so successfully. This report so elegantly points out that we have been so successful in AC and R-80 land in terms of the rate of preservation over the last five or six years, that we have been doing it depending upon how you want to count lots in or out, 18 to 21 acres of preservation for every new building lot created. Now, this plan (indicating), you're telling us that you want us to do it only at five acres. It sounds like this is a development, a builder's plan to me and not a farm and farming preservation plan. We have been far more successful doing the other. The issue becomes how fast can we keep the preservation coming. It's my understanding there are over 1,500 acres in various stages of coming through the process, for the purpose of coming through the process of development rights, and I mean, why isn't it being finished; why isn't it getting done? I hear various stories happening on various farms where we have been working with the County or we have been working with the Town and trying to get these done for three to five years, and it's always come up at the corner -- I won't say your office -- but at the Town Hall corner, that's where the problem lies, and I'd like to see these things COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 . 25 76 get unblocked in Town Hall. The other aspects that I think are important to review is this value of preservation. Some have argued that it's too expensive for the taxpayer. The value of preservation is such that the local taxpayer on the bonded issues that we've passed since 1983 or '85 is costing us three cents out of everyone dollar of preservation value. That's the burden to the local -- direct burden to the local taxpayer, three cents on every dollar of value. Thirty percent comes from contributions vis-a-vis the peconic Land Trust. Thirty to 40 percent has been coming from the County over the years; and presently now, the remainder is to be coming from the CPF bonding. Now, this three percent bonding three cents on every dollar of direct costs to our local taxpayers, has been calculated out recently, everything cumulatively to date, is costing every household on average $50 a year. Now, if I said that there are two and-a-half members in a household, that means that every year it's costing $20 a person for that local bonding. This document costs $10, direct cost for every man, woman and child in this Town, and it is a development plan. It's not a preservation plan. Our current practices are four times as good as that. So, let's get back on track from where we were and get this ball rolling so that we can keep acquiring the development rights of the farmland and keep the farmer farming that land with his value intact. We don't need a plan such as this. If the community really needs this plan, then, guys, put it up for a referendum; don't leave the decision up to the six of you, let the Town vote on it. Because this is probably -- if you want to make this the issue. This is probably the single most important piece of whatever you want to call it, all of you just put a name to it. Thank you. This is the single most important piece of paper in terms of its long term effect that probably ever faced Southold in its 350-plus years, okay. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 . 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 We're doing a far better job than it costs here to do this. If we had the $10 for every man, woman and child that this report had taken care of, we could have afforded a little more development right preservation. Thank you. SUPERVISOR HORTON: Would anybody else care to address the Town Board? Yes, sir, in the back. MR. COOPER: Doug Cooper from Mattituck. Mr. Baiz stole a lot of my comments. I disagree with him a little bit on the cost of this document. I think it's probably $20 per person. MR. BAIZ: By the way, I said direct costs. MR. COOPER: into what our cost our staff put into it. So considerable. One of the questions I have is for the moratorium committee is what is the build-out that you expect under five acre zoning? Do you have any build-out scenario? What kind of -- MR. CLEARY: in the FEIS. MR. COOPER: Right now you don't have any answers? When you did your document did you have any answers? MR. CLEARY: Yes, we have the build-out scenario. MR. COOPER: can't give them now? MR. CLEARY: The format for the response is the FEIS, that's when you'll get the response. MR. COOPER: Of the reports that this Town, the Town has done over years, how many of these reports upzoning? MR. CLEARY: response right now? MR. COOPER: went before the last 20 recommended response. reports MR. CLEARY: MR. COOPER: that you people 77 He's not counting planners, our own Town the cost is it The answer's coming But you don't -- you You're asking for a I'm asking for a I don't recall. From my study of the have studied, I don't COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 78 know of any of them that recommended five acre upzoning or any upzoning. Therefore, I'm surprised that you studied these reports and now you automatically want to upzone. The reports did make a lot of other recommendations. I don't see a lot of that in your reports. On Page 3-28 of the first part of the report, you compare us to Napa Valley, you compare us to Maryland and Montgomery. We are not those places. Those places are vastly different than what we are. I would like to see a comparison of a place similar to us. A place with preservation history and preservation tools that we now have. As Mr. Baiz said, I find it amazing that the average build-out on the AC and R-80 land is pushing 20 acres, equivalent zoning, and you are pushing a five acre zoning. As Mr. Baiz said, and I totally agree with him, it's a development tool and this is a development plan, pure and simple. You want to build our town out faster and heavier than we're now doing, and the taxes will therefore be much higher than what is taking place today. The cost to the taxpayer -- and I've often heard this -- the cost to the taxpayer will be too much. Well, the cost of the taxpayer will be much higher with the five acre zoning build-out, I'd like to see a report on that, what that kind of cost will be than under the preservation that we are now doing. We are now -- it is now being funded by private contributions, County and a two percent money. There's very, very little coming out of the local taxpayer's pocket, if any. Thank you. MS. DZUGAS-SMITH: You'll have to excuse my appearance, but I was farming until 8:00. I haven't had time to -- SUPERVISOR HORTON: Please state your name. MS. DZUGAS-SMITH: Oh, I'm sorry I'm Donna Dzugas-Smith. I haven't had time to read your report, I've been driving a tractor. I can listen to it maybe if the cow's not COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 79 loose on the North Road. I think the main thing you're leaving out is that quality of life. People come out, they look at the farm; they look at our cow, our goats, they look at the open land, and that's what's drawing them out and what's keeping me here is my open land and my way of life for my kids. And you know what, it scares me when I see a report like this written by professional people that haven't lived on the farm, haven't worked their fingernails down, haven't gotten the dirt everywhere and don't live in a house full of dust and can make decisions like this. You have to realize what you're dealing with. I don't see you knocking on people who have grandfathered their little lots in a quarter acre, half acre, one acre and saying give up your equity in that lot, you cannot develop it. The farmer has an equity in the style of life they live and in the land they own. You don't have a right to treat us any different than any other citizen in this Town. And I'll tell you, I get things in the mail all the time from developers up west. They must get our acreage from the County, Hey, we'll buy your lot. For some reason, they're confident they'll get it developed into two acres. And I, as a resident, don't have that confidence. What you've got to bring back to all this, it's very simple, honesty. Get the politics out of it. Get the money out of it. Deal with the people. That's what's getting people out here. They like the people element. You have to stay with the people. SUPERVISOR HORTON: Anyone else care to address the Town Board? In the back. MR. GERGELA: Good evening, my name is Joe Gergela, and I'm the Executive Director of Long Island Farm Bureau. Many of you in the room know me, know my family. I grew up in Jamesport. I was a potato and vegetable farmer just down the road on Sound Avenue. But many of you don't know that my roots are actually in Southold. My father's mother, my grandmother, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 80 her family farm is where Steve Seluski's farm is, right across from the Mudds. That was my grandmother, and her maiden name was Zebeski, and I still have her family in the Town of Southold. So all my life growing up I spent a lot of time not only in Riverhead but also in Southold. In my teenage years, I went to your beaches. I know many of the folks in Town. So I'm somewhat of a local boy. The reason that I say this to you is because I represent, I think, some of the finest character of people, hard-working and care about their communities, and you folks are very lucky to have them live in your Town in Southold. And I don't think that the farmers of this Town have been given the respect that they deserve for what they do in their contributions to keeping this community the way it is. Many of these folks that are working on the farms and vineyards and all the various types of agriculture, it's a business. It's a business. It's an industry. And they do it to make a profit. The best way to preserve farmland lS to allow them to have that environment by which they can be profitable. My father told me that 25 years ago when I farmed with him. The document that you have developed and there are a number of concerns, and I would be very redundant to repeat them all, but some of them I think are very important things that need further study. Steve Weir made an excellent presentation. One of the things that I picked up was the lack of -- glanced over many of the alternatives and things in that report. The economic analysis, it's glanced over and I was surprised to see that you do mention that there is a 20 to 30 percent hit on equity if you go to five acre zoning. That should bother the conscience of people. Second point is the impact on the traditional farmland preservation program and what will be the impact on that program, which has been successful for more than 25 years. One thing that I will tell you is that several of you Board members have worked COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 81 damn hard in furthering that program, and I'm going to say it here not only because of Josh, but Bobby Koz in Riverhead and Stentini in Southampton, Jay Schneiderman in East Hampton, the Village Mayors and Supervisors Association have worked damn hard in working with the Farm Bureau and other elected officials seeking the funds for real preservation. It was stated by several people that that document is a development plan, not a preservation plan. And I agree with that. What I don't understand is why, knowing that there's 1,500 acres before the Town's committee and Suffolk County's committee, why there is not more emphasis by this Board in demanding in other levels of government that we find some more money. Maybe we can't get it all, but there is no effort being done to find the funding to compensate landowners who voluntarily want to preserve land in this Town. You got 1,500 acres before you with no action. You got people doing conservation subdivisions before your Planning Board, your Planning Department and the Town Attorney's office that are sitting there not being acted on. COUNCILMAN ROMANELLI: Joe, tell the truth here, please. I can't stand hearing lies any longer. There is not 1,500 acres in front of us. No one has walked away from our land preservation committee because no funding has been there. MR. GERGELA: They have seen supervisors, and the Board is not responding to them. COUNCILMAN ROMANELLI: Anyone that comes before the Farm Preservation Board has not been walked away because there's been no money. So talk the truth if you're going to stand here and talk. MR. GERGELA: It is not false. They are before the committees, why are they not being acted on if there's such -- COUNCILMAN ROMANELLI: Nothing is not being acted on. Tell the truth, Joe. MR. GERGELA: Why are they not going forward? COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 82 SUPERVISOR HORTON: This is an opportunity COUNCILMAN ROMANELLI: Where's the documentation? have the MR. GERGELA: Here, I data on this program for COUNCILMAN ROMANELLI: have it. you. Bring it I on. SUPERVISOR HORTON: I'd like to lower the tension in the Board. This is an opportunity for the public to address the Board. The comments will be incorporated into the minutes and the minutes will be presented to the Board and the team and our legal department, and all that information will be deciphered. COUNCILMAN ROMANELLI: Just put the truth out. SUPERVISOR HORTON: And move forward. And I ask that nobody on this Board become hostile toward the public regardless of what they're trying to say. MR. GERGELA: All I'm trying to say is we've struggled trying to get certain elements of data too because voluntary preservation is working, and that's not coming out for some reason fairly. There are a number of alternatives in the document, and these are good alternatives. And what I'd like to see you do is extrapolate and take some data, and do some modeling for the alternatives. The conservation subdivision process, we want to see that happen; that's very beneficial. The writ, transfer development rights, I know that that is a difficult issue in this Town. We've worked on this over the years. We have been trying to do it in Riverhead for many years. It's finally starting to move forward. We're not quite there yet. It's an important tool. It may be, may not be able to be widely used in Southold, but I think it's deserving of further extrapolating and building upon because it can be a useful tool. What I'm suggesting is that there are alternatives that need further scrutiny to be looked at. As far as the document, and I'm COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 83 not a lawyer, so bear with me on this. One of the things that we would like to see is a set of conditions in this draft that clearly states that any restrictive zoning, recommendations or alternatives should be subject to further SEQRA review down the road. That way we make sure that whatever actions that you take are based upon certain conditions and thresholds; that you have explored other possibilities at least as far as discussion. One thing, and again, I'm not a lawyer and I'm not quite sure if I'm understanding this document, but one thing that I am concerned of for the farm community and all the landowners is the right to protest, and there are provisions in municipal boards, such as things for super majority to be able to revote, and that's a form of protest. I would like to see as part of this process that that right is retained; that the Town is aware of that, and will give the landowners a fair chance at due process and be able to protest if that day comes. And, John, all due respect, I wasn't trying to be hostile. I was just making the point that there is an awful lot of landowners who have gone not only to the Town, but the County as well. COUNCILMAN ROMANELLI: Joe, I wasn't trying to be hostile either. I just would really respect the truth when you speak, and I welcome the documentation that you -- MR. GERGELA: I have a data base that will show you the numbers. COUNCILMAN ROMANELLI: Please do. MR. GERGELA: And it is a work in progress, with all due respect. There are people that have gone forward that may build COUNCILMAN ROMANELLI: Not even close, the numbers aren't even close. MR. GERGELA: Be that as it may, I wasn't meaning to be disrespectful to you. So these are a number of things that I have picked up on that I think were important and should be considered as part of the SEQRA process. And you know I think that COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 84 Bill Esseks represented the farmers on it tonight pretty well on the legal stuff. I hope he will continue to do that. We are working with the farm community and one of the things I have been talking to and have been seeing with Riverhead is can't we work out some things that can better serve the community than bashing heads all the time, and we haven't been able to have that kind of a process and maybe that we're all remiss in doing that. But I think that there are a lot of alternatives that need a further exploration before you take drastic action and go forward with an upzone. And I thank you for the time to speak to you tonight. MR. ROONEY: My name is John Rooney from the Hamlet of Southold. I just two weeks ago became a member of the board of the N.F.E.C., but I hasten to add, especially to the farmers tonight, I am not here as an ideologue. I am new to that board and I am here essentially as a citizen. I have come to a lot of hearings about the moratorium as a citizen. So I am not speaking as a representative of N.F.E.C., and, in fact, I've had discussions with them in terms of the complexities of this, so I am not an ideologue. What is, unfortunately, most impressing me tonight is the number of people, and I have included myself, who have come up here and have had an awful lot to say while admitting they have read very little of the document if any. I have tried to download it at home and read what I could, but I'm having a lot of trouble with it because pages disappear and it seems to jump around and not easy. And the gentleman earlier who said that maybe we should have some sort of a summary put out, I think that should be done. I've gotten the feeling that this whole thing -- I'm having difficulty with tonight -- that people are being asked to comment on a document that was only very recently released, that was very hard to get your hands on and that very few of us have really read in any depth. So how can we COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 e 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 85 comment on it. And my understanding was also that it's not particularly taking a position. I know that the five acre zoning thing is out there, but officially the document is not taking a position, and yet we're arguing as though this was a hearing on five acre zoning, which it is not. So I'm sitting here hesitant to speak because I feel am I really not qualified to say anything intelligent about this. So I have a tremendous respect for the farmers of Southold, believe me. I have an environmental point of view as well, but the point is, let's take our time and before we get overly excited with each other, let's at least all be able to read this as thoroughly as possible and maybe we'll find that there is more commonality. Things like R-I-D, for example, very little has been said about that. Even if we went to five acre zoning, my understanding is that there are many things that would have to be done, I believe, not just five acre zoning, but other things, sophisticated things in combination with that that would reduce the loss of equity of the farmer. I'm not out to bash or make them pay for it. I think in some ways the taxpayer maybe should carry a heavier burden. I think there are various ways taxation should be heavier for people who want to build McMansions. There's a lot of things. I think a lot of the farm speakers were right in terms of spreading the expense of all this. My point is, without trying to sound like a Polly Anna, but I think that we really can be a lot more rational in the discussion but the first thing is the information has to be made more available, more time has to be allowed before we have these hearings, because I think they prematurely come to head-bashing that Mr. Gergela just spoke about, and that's not going to help anyone of us. Okay, so please try to do what you can to get that out to us. Thank you. MS. NEVILLE: Excuse me, could you spell your name, please? COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 - 3 4 5 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 e 25 86 MR. ROONEY: R-O-O-N-E-Y, John Rooney, Southold. MS. NEVILLE: Thank you. SUPERVISOR HORTON: Thank you, Mr. Rooney. Would anybody else care to address the Board this evening? It's only 10:40. We'll leave this Public Hearing open and the next date is June 23rd at 4:30, I believe, in the afternoon. It will be held at Southold Town Hall. Keep it in mind that I will have an alternate space available, and if it looks like we're loading up in Town Hall, we will make note of where we're meeting. We appreciate your patience this evenlng. We appreciate your coming down and participating in this process. It's the utmost importance to us as we move forward as a Board. Thank you. (Time ended: 10:42 p.m.) C E R T I F I CAT ION I, Florence V. Wiles, Notary Public for the State of New York, do hereby certify: THAT the within transcript is a true record of the testimony given. I further certify that I am not related by blood or marriage, to any of the parties to this action; and THAT I am in no way interested in the outcome of this matter. IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of June, 2003. Florence V. Wiles COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 and lhe Dephmnent ot I ransportat~on res~.Ien'[ ne sa~d~ ..... SPECIAL PUBLIC HEARING SOUTHOLD TOWN HALL 53095 Main Road, Southold, NY ON DGEIS (Draft Generic _Environmental Impact S_tatement) prepared for the proposed Town Comprehensive Implementation Strategy (A Planning Study for Southold Town) PUBLIC INFORMATION SESSION Thursday, June 19, 2003 m 6:30 to 7:30 p.m. OPPORTUNITY FOR PUBLIC TO COMMENT Thursday, June 19, 2003 -- 7:30 p.m. Monday, June 23, 2003 -- 4:30 p.m. Tuesday, June 24, 2003 -- 7:00 p.m. (10 days provided for written comment after close of public hearing) D F, F d' it Imp deb, mgs 24. inct err Sou inte LIP U.S 2 spr¢ Ma Cul 1,6' and ma. .cell ' the PUBILC HEARING ON DGEIS OF SCIS ~ ~ Dra~t'~eneric Environmental Impact Sl~tement of $outhold Co,mprebensive Implementation Strategy ~- ..... ~ ~ { ~./v~ ~,.,'//~ ~,..~. ~o~'~ P),~qse legibly nrint all ~nformatioll /~/. c~ ~, ATTENDANCE SHEET JUNE 19, 2003 PUBILC HEARING ON DGEIS OF SCIS Draft Gen~ic Environmental Impact Statem~ut uf Southold Comprehensive Implementation $trateKy Ple~e.lt~iblv orint all ~!~ormafion ATTENDAN~ SHEET JUNE , 2003 PUBILC HEARING ON DGEIS OF SCIS Draft Generic Environmental Impact Statement of Southold Comprehensive Implementation Strategy Please legibly print all information Name Street Address/PO ,Box Hamlet OTICE OF CCEPTANCE OF THE DRAFT GENERIC EIS & SCHEDULING OF PUBLIC HEARING Lead Ageno': Contact: Address: Town of Southold To,am Board Hon. Joshua Horton, Supervisor Toxvn Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Date: June 3, 2003 This notice is issued pursuant to 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and Chapter 44 of the To,am Code of the Town of Southold. The lead agency has determined that the Draft Generic Environmental Impact Statement (DGEIS) prepared for the proposed To,am Comprehensive Implementation Strategy is complete and adequate for public review and comment. Title of Action: SEQR Status: Description of Action: To`am of Southold Comprehensive Implementation Strategy Type I Action The proposed action involves the evaluation and, where appropriate, imple- mentation by the Southold Town Board of the recommended planning and program tools and measures as described in the planning studies undertaken within the To,am over the past 20 years. The studies, plans and recommendations have been reviewed in terms of current needs and Town goals to achieve the To`ann's vision as articulated in the following plans. · Parks, Recreation & Open Space Survey (1982) · Town Master Plan Update and Background Studies (1984/85) · USFUK Countryside Stewardship Exchange Team (1991) · Long Island Comprehensive Special Groundwater Protection Area Plan (1 · Town Affordable Housing policies and program (1993) · Fishers Island GrowthPlan (1987-1994) · Southold Town Stewardship Task Force Study (1994) · Seaview Trails of the North Fork (1995) · Peconic Estuary Program (1995) · Economic Development Plan, Town of Southold (1997) · Community Preservation Project Plan (July, 1998) · Southold Township: 2000 Planning Initiatives · County Route 48 Corridor Land Use Study (1999) · Farm and Farmland Protection Strategy (1999) Location: SCTM No.: · I Water Supply Management ~1 Protection Strategy (2000 · Scenic Southold Corridor Management Plan (2001) · Town of Southold Local Waterfront Revitalization Program (2003) · North Fork TravelNeeds Assessment (2002) · Blue Ribbon Commission for a Rural Southold, Final Report (July 14, 20C · Southold Town Code, Zoning Code and Zoning Map These recommendations are being considered by the Town Board for implementation in the form of amendments to Town procedures, the Town Code and various Town regulations, in conformance with the Town's Comprehensive Planning. As a result, the proposed action involves legislative changes, with no specific physical changes proposed. The Town Board intends to initially consider all prior recommendations with an emphasis on those that protect farmland, and open space, promote affordable housing and preserve natural resources. The Board may prioritize, narrow down or select implementation tools that best achieve the goals of the Town. The basic goals of the above-referenced plans and studies include: · The Town's goal is to preserve land including open space, recreation and working landscapes. · The Town's goal is to preserYe rural, cultural, historic character of the hamlets and surrounding countryside. · The Town's goal is to preserve its natural environment; to prevent furth deterioration of resources and to restore degraded resources back to pristi~ or near pristine quality. · The goal of the Town is to preserve and promote a range of housing and business opportunities that would support a socio-economically diverse community. · The Toxvn's goal is to increase transportation efficiency and to create attractive alternatives to automobile travel, while preserving the scenic and historic attributes of the Town, State, County and local roadways. The Board will solicit inter-agency and public input, and will consider potential impacts under a public forum provided through a Gener/c Environmental Impact Statement (GEIS) procedure. The proposed action will provide a means to ensure that the above-listed Town goals will be achieved through a comprehensive, well-established and well-considered land use decision-making framework. The proposed action would apply to the entire Town. All of District 1000 Potential Environme~Impacts: The proposed action involves the evaluation and, where appropriate, implementation of 20 years of planning recommendations in a comprehensive manner and consistent with current Town needs. By virtue of the fact that the initiative is intended to implement the past planning studies of the To'am, it is consistent with the Town Comprehensive Plan which includes the zoning code and building zone map, zoning decisions, goals, legislative actions and the record of decisions that forms the Town's direction in terms of achieving its vision. The action is not expected to cause significant adverse impacts, since it advances the goals of the Town. However, the action is of Tovcn-wide significance, and does involve changes to natural and human resources. In consideration of the factors noted above, the following potential impacts have been identified: The proposed action may result in impacts to the natural and human resources of the Town, individually, cumulatively or synergistically. Zone changes anct/or Torch Code revisions may be necessary to implement recommendations. The action may set a precedent with regard to the growth and character of the Toxvn and/or individual communities. Notice/Action: The Southold Town Board has reviexved the Draft GEIS prepared for the proposed action and, based upon its review of its contents and required contents established in the Final Scope, determined that the document is adequate for public review and comment, and hereby schedules a special public hearing on the Draft GElS for June 19, 2003 at the Southold Town Hall hearing room (53095 Main Road, Southold), at which time the hearing will start with a public information session on the proposed action and DGEIS document from 6:30 to 7:30 p.m., followed by an opportunity for the public to comment on the DGEIS beginning at 7:30 p.m. The comment period will remain open and the hearing will be continued on June 23, 2003 at 4:30 p.m. and June 24, 2003 at 7:00 p.m.. At least 10 days will be provided for written comment after the close of the public hearing. For Further Information Contact: Greg Yakaboski, Esq., Town Attorney Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Telephone: (631) 765-1889 Copies of this Notice Sent to: Town of Southold Supervisor's Office Town Clerk of the Town of Southold Toxx~n of Southold Planning Board Town of Southold Zoning Board of Appeals Town of Southold Town Trustees Suffolk County Dept. of Health Services Suffolk County Dept. of Public Works Suffolk County Water Authority Suffolk County Planning Commission NYS Dept. of Environmental Conservation, CormTUssioner, Albany NYS Dept. of Environmental Conservation, Regional Office at Stony Brook NYS Dept. of Transportation NYS Dept. of State US Army Corps of Engineers inc. Village of Greenport Towns of Riverhead, Southampton and Shelter Island Parties of Interest Officially on Record ~vith the Town Clerk (if applicable) STATE OF NEW SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 5 day of June ,2003, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF ACCEPTANCE OF THE DRAFT GENERIC EIS & SCHEDULING OF PUBLIC HEARING Southold Town Clerk Sworn before me this 5th day of June ,200~u. (~/ / ~qotary Public LYNDA M. BOHN NOTARY PUBLIC, State of Nm~ Yo~ No, 01BOB020932 Qualified In Suffolk Count/ Term Expires M~ch EIS & SCIIEJ)ULII'(G OF PUBLIC;; BJWUNG Lead Agency. Town. . of Southold 1'own Board . 'U' Contact: Hon. J~ . QIlOn, S~ Address:Town Hall, 'Road 53095 Main . P.O. Box 1179 Southold, NY 11971 Dt#e:June 3\ 2003 ! T1riuotice s issued p\lfSllllllt l& 6.NYCRR Pljrt 6F of the imjlIementing re~ns per- taining to ArtiCle 8 (S\llte Envirorimental Quality Review Act - SEQRA) of the Environmental Conserval1on Law and Chapter 44 of the Town Code of the Town of Southold '"" :;,!TIt . J..,r.J.J Fr 1Il_ .,....u..@~... '''-rllJ'';';:':::'~. 'ng page se,rve)ts Dlitural environment; to ......"'....-. pn;'Veiif "fiirtIiet'iJe(l!rionttioil qf resqurces and to resl!>~,degraded ~es back to pnstme or ilear pr,iS6ne quality. "11\e goahlf the Town is to ~e and pro!l1'!~ a range ,!f '!cillsi.nl! and tiuSlness opportuni- ties.t!Ilit would support a socio- ecooolllically diverse communi- ty. . .~ ,Town's goal is to increase fransportation efficiency and to Create attractive alterna- tives to automobile travel, while ~ the scenic and historic attributes. of the Town, State, County and local roadways. 'The Board' will soliCtt inter- ~and~ !ntmt.an:,~ a PJJbIic.~proviuu.r:r througb a Genenc)~nVlroll111elltallnul8Ct Statement . (GElS) proceaure. The prllpOsed action Will provide a means to ensure that the above- listed . TOwn~' oals will be achieved throu a comprehen- sive, well-esta6 ished ana well- considered' land use decision- ~ framework. Location: The . proposed action would apply to the entire Town. $CTM No.: AIl of District 1000 Potential Environmental Impaets: .' The proposed action involves the ev8lualion and, where aJlPl"O- priate, implementation of 20 y'ears . of pfanning recommenda- tions m a comprehensive manner and consistent with current Town needs. By virtoe of the fact that the initiative is 'intended to imPlement .the PaS! planni!,g stuaies of the Town, It IS consIS- tent with the Town Comprehensive Plan which incluae!i the zoning code and building zone ~, zonin& deci- sioilS goa:Js; Ieg.slatiw iiCtions and the record of decisions that furms 'the' Town's direction in tenus of lIchieving its vision. The ac.tion is not expected to cause' . . sigriificant adverse impacls Sifice. it advances the goals of lIIe Towll. However, the action is of Town-wide signifi- cance, and does involve changes to natural and bumari resources. In consideration of lIIe.factors noted . ah'ove, '. lIIe fOllowing P!>tenl1a1lmpacts have been Identified: . . I. :l'Il:~Prowsedaction may result ./Il I!fipabts. 10 lb~ natunil apdhliimin res9\INes of the Thwn, iUdiviilti.l!JlY. Cumulatively or, ~'iJ.'$islicallY.~echanges lU1(j{(}J'IOWPCqjfefllvisinns may be'~',th' itilplement rec- O\Wl)~, .. 2: The' action may set a precedent With regard to the gt!l.W1 wth. .ana. Chllract. . er. Of. . the 'foW!l. and/or individual,commu- rl1lillSi" " . '.' .,.". NO&et.. TheSo1)thold ToWn BOard has ri:viewed the IJrafl GElS pre- pared fur the. prOposed actioO ::.....~updn i~~ew orits 'alUd .~UU... contents ~ 'in'IIIliFillal S~""", detetJnined. ttiat the~rr. Iide\liiiIte for PlIbIlli .review Rnd e.,/WJel't aIid here&r schc$les a ,~ial puh'lic heai'ing on the Driul GElS for June 1 ~, 2003 at t\je .8oU$OI.d Thwn .Hau bearing room (53095 Mam Road, Soulllold),at Which time the h~'wiU start with 8 public ~'~onth~. ~'aetioniindDGEIS4 ~.fn)rn<6:30 ~"1:30J4l1', fbl- \OWett'bYan'~ty'for the til!bliiHo oo.~tbrt1he-DGEIS be.mgitlningIll1: O. 'r. .ltl. Th~com- ment period wiI . reIDaIIl open and tile heariiIgWilllie continUed on JUne 23;'Z003at 4:30 p.m. and June 24, 2003 Ill. 7:00 \l.m. At least 10 dayS will he proVIded fur' written.~ after the close of the public hearing. For Further Inforiilatilln The lead ag'~~s . deter- minedtbat tile . ..,. Generic EiIvironmen.ta1 talImp8cl. . .... 'S1atem.... . ent (DOEIS). prepat!:d. Jor'l1\e Pr0- posed "town OQlllj\rehenswe !mpllll)lel11ation StmilJgy is com- plete l\i1I1 adeqiiilte'rcir public review and comment. TItle of Aciibn:. Town of Soulllold .' .. Comprehensive lmplemeritation StriItegy SEQR status: ''fVpe I Action DeSCription, qfA'itlOn:The pr0- posed action mvolvesllle evalua- tion spd,. where. .apprllpriate, implementation hr' lIie Sonthold 1'own QclanI of tlie =ommend- ed pllll\liing lInd 'progmn, lI)Ols and m~s as descnOed in the planning stodies und~rtaken within t!:ie Town over the past 20 years. The studies, plaDs and recommendations have heen reviewed in ten:nsof current needs and lowll gOOls to achieve the Town's vision as articulated in the fullowing plans. . Par.ks, Recreatinn & Open Space Survey (l9l!2} . Town Maslei PIan Update and Background Studies (1984/85) . US/UK CoUntryside Steward-ship Exchange Team (1991). . Long Island Comprehensive Special GroUUdwater Protection Area Plan (1992) . Town. Affordable Housing policies and program (1993) . Fishers fslaiid Griiwth Plan (1987-1994) . Southola Town Stewardship Task Force S!!!dY. (1994) . Seaview T\'ll1ls of the North Fork (1995) . Peconic Estuary Program (1995) . Economic DeVeIOI?....~ me. .nt Plan. Town ofSoulllold 0,,-,) . Community Preservation Project Plan (July, 1998) . . Southold Township: 2000 Planning Initiatives . County Route 48 Corridor Land Use Stody (1999) . Farm and Farmland Protection Strategy (1999) . Town Wilter Supply Management & Waterilied Protection Strategy (2000) . Scenic Southold Corridor Management Plan (2001) . Town of Southold Local Waterfront Revitalization Program (2003) , . North. Fork Travel: Needs Assessment (2002) .', < . BIui: RiblxlIlCo\l1l1lission for a RuralSouthold, Final Report (July 14,2002\ . . ' " . c~O'::'~Zo.ld~i/:f~'~~ These reco~e:.&tions are ~~.. ..~.. DSI...:. tlwon.th. ~.Tothwn ~'I.,. . . _', me fI . f' . " ' li .8&..1~ "th"T... "to Qwn t"';"""~~' e ,own COde and various Town regulations, in conformance' with the Town's Co~veJ'lannin" . As. a reslllt, the; .... ," ~'i>'ac(j9n inYolv~s 'fe~= chanlles, with ;,Jlp'" SlI""'. 'fic' I1bYSICaI changes proposed. The Town Board intendS to initially consi4- er all prior recommendations willi an eDlphasis on th~ tbat protect failtUan.~.. and.. open ~pace, promote ,lQiordaQle hoos- mg and. .JltpServe natural re~ The BOard may prior- ~. \l8!7OW dowll or select itilplen1e4tatiQn tOOls that. best 8l'liieve, lIIeis~<1(,tbI:.'l'P.Wn. ;the~g .Qf1b8 ..' f- f;~tP.,......., .)1.11 dM. ~,~s , .....;the T~wn,'Sjl!)l!l.. is .to pre- setve Il!l1'I inCluding pt>en space, recreajioll. and . workjng land- ~ Town's goal is to pre_ serve rural, cultural, historic charncter of the hamlets ahd'Sur- ~ countryside. , . The "'roWn's goal is '1IY pre- Contact: . 'Greg 'Y8bboski;-Esijo,' Town Attomer. Town HaII,5309S Main Road P.O. Bolt 1179 ' Southold, NY 11971 Telephone: (63H 765-1889 . IX 6/5103 (770) ~~A - Tr4JIeler Watchlllllft - Tbursday,.Jun~ ,,",(!O3 ~ ........... from preceding """e serve its natural envir?Dmeot; to -- ~ prevent further detetiombon of resources and to restore degraded resources back to pristine or near pristine quality. . The goal of the Town is to preserve and promote a range of l!!"l8ing and business opportuni- tillS'tJu\i would support a socio- ee"ononiically diverse communi- ty. ....... . ;', lie .Town's goal is to increase transportation efficiency and to create attractive alterna- tives to automobile !mvel, while preserving the scenic and historic attributes of the Town, State, County and IClCaI roadways. The Board will soliCIt inter- agency and public input, and will consider potential impacts under a ublic forum rovided throu enen nvrronmen Statement (GElS) proce ure. The proposed action WiII provide a means to ensure that the ahove- listed Town ~oals will be achieved throu a comprehen- sive, well-esta6 ished ann well- considered land use decision- making frameworl<. Location: The - proposed action would apply to the entire Town. SCTMNo.: All of District 1000 Potential Environmental Impacts: The proposed action involves the evaluation and, where appro- priate, implementation or 20 years of planning recommenda- tions in a comprehensive manner and consistent with current Town needs. By virtue of the fact that the initiative is intended to implement the past planning stuilies of the Town, it IS consis- tent with the Town Program Comprehensive Plan which inelunes the zoning code and building zone map, zoning deci- sions, goals, legIslative actions and the record of decisions that fonns the Town's direction in terms of achieving its vision. The action is not expected to cause. significant adverse impacts, since it advances the goiils of the Town. However, the action is of Town-wide signifi- cance, and does involve changes to natural and human resources. In consideration of the factors noted above, the following potential impacts have been Identified: 1. The proposed action may resnlt in impacts to the natural and human resources of the Town, individually, cumulatively or synergistically. Zone changes and/or Town CoOe revisions may be necessary to implement rec- ommendations. 2. The action may set a precedent with regard to the growth and character of the Town and/or individual commu- nities. Notice/Action: The Southold Town Board has reviewed the Draft GElS pre- pared for the proposed action and, based upon its review of its contents and required contents estaBlished in the Final Scope, determined that the document is adequate forJ'ublic review and comment, an hereby schedules a special public hearing on the Draft GElS for June 19, 2003 at the Southold Town Hall hearing room (53095 Main Road, Southold), at which time the hearing will start with a public information session on the pro- posed action and DGEIS docu- ment from 6:30 to 7:30 p.m., fol- lowed by an opJlortunity for the public to comment on the DGEIS beginning at 7:30p.m. The com- ment period wil remain open and the hearing will be continued on June 23, 2003 at 4:30 p.m. and June 24, 2003 at 7:00 p.m. At least 10 days will be proVIded for written comment after the e10se of the public hearing. For Further Information f. The lead agency has deter- mined that tile Draft Generic Environmental Impact Statement (DGEIS) prepared for the pro- posed Town Comprehensive Implementation S!mtegy is com- plete and adequate for public reVIew and comment. Title of Action: Town of Southold Comprehensive Implementation Strategy SEQR Status: 1'vDe I Action Description of Aciion:The pr0- posed action involves the evalua- tion and, where appropriate, unplementabon by the Southold Town Board of tile recommend- ed planning and pro@llD.l tools and measures as desc in the planning smdie." un e en within the Town over the past 20 years. The slodies, plans and recommendations have been reviewed in terms of current needs and Town goals to achieve the Town's vision as articulated in the following plans. . Parks, Recreation & Open Space Survey (1982) . . Town Master Plan Update and Background Studies (1984/85) . USIUK Countryside Steward-ship Exchange Team (1991) . Long Island Comprehensive Special Groundwater Protection Area Plan (1992) . Town Affordable Housing policies and program (1993) . Fishers Tsland Growth Plan (1987-1994) . Southold Town Stewardship Task Force Stud:r (1994) . Seaview TmiIs of the North Fork (1995) . Peconic Estuary (1995) . Economic Development Plan, Town of Southold (1997) . Community Preservation Project Plan (July, 1998) . Southold Township: 2000 Planning Initiatives . County Route 48 Corridor Land Use Study (1999) . Farm and Farmland Protection Strategy (1999) . Town Wilter Supply Management & Watcrsliea Protection S!mtegy (2000) . Scenic Southold Corridor Management Plan (200 I ) . Town of Southold Local Waterfront Revitalization Program (2003) . North Fork Travel Needs Assessment (2002) . Blue Ribbon Commission for a Rural Southold, Final Report (July 14,2002) . Southold Town Code, Zoning CoOe and Zoning Map These recommendations are being considered by the Town Boaro for implementation in the form of amendments to Town procedures, the Town Code and various Town regulations, in conformance with the Town's Comprehensive P1anning. As a result, the proposed action involves legIslative changesj with no specific physlea changes proposed. The Town Board intendS to initially consid- er all prior recommendations with an emphasis on those that protect farmland, and open space, promote affordable hous- ing and preserve natural resources. The Board may prior- itize, narrow down or select implementation tools that best acliieve the goals of the. Town. The basic goaIS of tire above-ref- erenced plans and studies include: . The Town's goal is to pre- serve land including ~ space, recreation and workmg land- scapes. . The Town's goal is to pre- serve rural, cultural, historic character of the hamlcts and sur- rounding countryside. . The Town's gual is to pre- Contact: Greg Yakaboski, Esq" Town Attorney Town Hall, 53095 Main Road P.O. Box II 79 Southold, NY 11971 Telephone: (631) 765-1889 sworn, says _ IX 6/5/03 (770) Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published III said Traveler Watchnum once each week for...../.....weeKfi; ~ccessively, 6iom e fing.,,~n the......0.........day of .... .~~;rc.......,2003. .. . /-x.../.~'-:Y~.~. ;;: ,..-- :s S~~~before me this.........day of "Q tJ,....., 2003. -~- - . L . / - .' /;".-,. / C/0, ?' /../ ~>~. 'c"", ..../6~ .Go... /.~ ~~. ?~:;(:. Notary Public Emily Hamill 'OTARY I'liBLlC, State of'cw York No. 01 H.'\5059984 Qualified in Suffolk County Commission expires May 06, 2006 NOTICE OF ACCEPTANCE OF TIlE DRAFT GENERIC EIS & SCHEDULING OF PUBLIC HEARING Lead Agency: Town of Southold Town Board Contact: Hon. Joshua Horton, Supervisor Address: Town Hall 53095 Main Road P.O. Box II 79 D Southold, NY 11971 llte:June 3 2oo3~' . This notice is iSSUed pursuant !<> 6 NYC~ Part 617 of the 1ll1plementing regulations per_ tam~ng to Article 8 (Slate EnVironmental Quality Review Act. - SEQRA) of the EnVironmental Conservation Law ,and Chapter 44 of the Town Code of the Town of Southold. 2003 · ]he S~ff,i~IR T~mes · '1~ SPECIAL PUBLIC HEARING SOUTHOLD TOWN HALL 53095 Main Road, Southold, NY ON DGEIS (Draft Generic Environmental Impact Statement) prepared for [he proposed Town Comprehensive Implementation Strate~ (A Planning Study for Southold Town) Public Information Session Thursday, June 19, 2003 6:30- 7:30 p.m. Opportunity for Public to Comment Thursday, June 19, 2003 - 7:30 p.m. Monday, June 23, 2003 - 4:30 p.m. Tuesday, June 24, 2003 - 7:00 p.m. ( I 0 days provided for written comment after close of public hearing) SPECIAL PUBLIC HEARING SOUTHOLD TOWN HALL 53095 Main Road, Southold, NY ON DGEIS (~Draft G~eneric E_nvironmental Impact Statement) prepared for the proposed Town Comprehensive Implementation Strategy (A Planning Study for Southold Town) PUBLIC INFORMATION SESSION Thursday, June 19, 2003 -- 6:30 to 7:30 p.m. OPPORTUNITY FOR PUBLIC TO COMMENT Thursday, June 19, 2003 -- 7:30 p.m. Monday, June 23, 2003 -- 4:30 p.m. Tuesday, June 24, 2003 -- 7:00 p.m. (10 days provided for written comment after close of public hearing) .. . . TOWN BOARD OF THE TOWN OF SOUTHOLD SEQRA RES()'::lJTI()~ Jung3.; Z!J.l;ll1 SOUTHOLD COMPREHENSIVE IMPLEMENTATION STRATEGY ACCEPTANCE OF DRAFT GElS WHEREAS, the Town Board of the Town of Southold (the "Board") has assumed lead agency status in review of the above-referenced action and for the purpose of compliance with the State Environmental Quality Review Action (SEQRA), as codified in 6 NYCRR Part 617,and WHEREAS, the Board found that a Generic Environmental Impact Statement (GElS) would be necessary, and issued the appropriate determination (via a Positive Declaration) to require such document for the proposed action, considering that the recommendations may result in potential impacts which may include cumulative and/or generic impacts, and WHEREAS, the Board is familiar with the scoping process as outlined in SEQRA Part 617.8 (Scoping), and WHEREAS, the Board held a public scoping meeting on January 29, 2003 at the Southold Town Hall meeting room, and a period of 10-days were provided following the public scoping meeting to allow for submission of written comments, and WHEREAS, the Board accepted the Final Scope as complete on April 8, 2003, and WHEREAS, the Draft GElS has been prepared in conformance with the Final Scope, and WHEREAS, the Board has reviewed the document and determined that it conforms to the required contents as stated in the Final Scope and is therefore adequate for public review and comment. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby accepts the Draft Generic Environmental Impact Statement after due deliberation and review of the prepared documentation, for the purpose of public and interested agency/party review, and BE IT FURTHER RESOLVED, the Town Board hereby directs the Town Clerk to file a Notice of Complete Draft EIS and Notice of Public Hearing in accordance with the Notice and Filing Requirements of SEQRA and circulate the Draft EIS to public, interested agencies and parties of interest (noted below), in accordance with 6 NYCRR Part 617.12, and BE IT FURTHER RESOLVED, the Town Board hereby sets a hearin for a special Town Board Public Hearing on hearing rOQrti(53095 Main Road, Southold), . , Southold C.ehensive hnplementation Strategy . SEQRA Resolution BElT Ji'UR'JlIJm:RESOLVED, tha1;:theTo~~oari;lof:theTo~l!lf.Sl!luthold hereby directs the Town Clerk to file Notice of the Public Hearing in at least one (I) local newspaper, at least fifteen (15) days prior to the Public Hearing. Town of South old Supervisor's Office Town Clerk of the Town of South old Town of Southold Planning Board Town of Southold Zoning Board of Appeals Town of Southold Town Trustees Suffolk County Dept. of Health Services Suffolk County Dept. of Public Works Suffolk County Water Authority Suffolk County Planning Commission NYS Dept. of Environmental Conservation, Commissioner, Albany NYS Dept. of Environmental Conservation, Regional Office at Stony Brook NYS Dept. of Transportation NYS Dept. of State US Army Corps of Engineers Inc. Village of Greenport Town of Riverhead . Town of Southampton Town of Shelter Island Parties of Interest Officially on Record with the Town Clerk (if applicable) 2 ELIZABETH A. NEVILLE TOWN CLERK . REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 349 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3, 2003: WHEREAS, the Town Board ofthe Town of Southold (the "Board") has assumed lead agency status in review of the above-referenced action and for the purpose of compliance with the State Enviroumental Quality Review Action (SEQRA), as codified in 6 NYCRR Part 617, and WHEREAS, the Board found that a Generic Environmentallmpact Statement (GElS) would be necessary, and issued the appropriate determination (via a Positive Declaration) to require such document for the proposed action, considering that the recommendations may result in potential impacts which may include cumulative and/or generic impacts, and WHEREAS, the Board is familiar with the scoping process as outlined in SEQRA Part 617.8 (Scoping), and WHEREAS, the Board held a public scoping meeting on January 29,2003 at the Southold Town Hall meeting room, and a period of 10-days were provided following the public scoping meeting to allow for submission of written comments, and WHEREAS, the Board accepted the Final Scope as complete on April 8, 2003, and WHEREAS, the Draft GElS has been prepared in conformance with the Final Scope, and WHEREAS, the Board has reviewed the document and determined that it conforms to the . . required contents as stated in the Final Scope and is therefore adequate for public review and comment. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby accepts the Draft Generic Environmental Impact Statement after due deliberation and review of the prepared documentation, for the purpose of public and interested agency/party review, and BE IT FURTHER RESOLVED, the Town Board hereby directs the Town Clerk to file a Notice of Complete Draft EIS and Notice of Public Hearing in accordance with the Notice and Filing Requirements of SEQRA and circulate the Draft EIS to public, interested agencies and parties of interest (noted below), in accordance with 6 NYCRR Part 617.12, and BE IT FURTHER RESOLVED, the Town Board hereby sets a hearing date for the Draft GElS for a special Town Board Public Hearing on June 19, 2003 at the Southold Town Hall hearinl! room (53095 Main Road, South old), at which time the hearinl! will start with a public information session on the proposed action and DGEIS document from 6:30 to 7:30 p.m., followed bv an opportunity for the public to comment on the DGEIS bel!inninl! at 7:30 p.m. The comment period will remain open and the hearinl! will be continued on June 23,2003 at 4:30 p.m. and June 24, 2003 at 7:00 p.m.. At least 10 days will be provided for written comment after the close of the public hearinl!, and BE IT FURTHER RESOLVED, that the Town Board ofthe Town of Southold hereby authorizes and directs the Town Clerk to file Notice ofthe Public Hearinl! in at least one (1) local newspaper, at least fifteen (14) days prior to the Public Hearinl!. Town of South old Supervisor's Office Town Clerk of the Town of Southold Town of Southold Planning Board Town of Southold Zoning Board of Appeals Town of Southold Town Trustees Suffolk County Dept. of Health Services Suffolk County Dept. of Public Works Suffolk County Water Authority Suffolk County Planning Commission . . . NYS Dept. of Environmental Conservation, Commissioner, Albany NYS Dept. of Environmental Conservation, Regional Office at Stony Brook NYS Dept. of Transportation NYS Dept. of State US Army Corps of Engineers Inc. Village of Greenport Town of River head Town of Southampton Town of Shelter Island Parties of Interest Officially on Record with the Town Clerk (if applicable) PI~~L 4'.#CI."Q--~L. Elizabeth A. Neville South old Town Clerk