HomeMy WebLinkAboutWater Supply Management & Watershed Protection 2000
- .4
'z.t*fGik<
;"',..'t\<<' .~"';:_'
-*'fI' ',~
:--~.. .:~,:.
~ . . "'...
',.'%".. " :, - _._~'.,/.-
',.. #,
\.".... ",'
II",)',. ;
..'Be WW
PO'.r
TOWN OF SOUTH OLD
WATER SUPPLY MANAGEMENT & WATERSHED PROTECTION
STRATEGY
EXECUTIVE SUMMARY
INTRODUCTION
The Town of Southold Water Supply Management & Watershed Protection Strategy
(WSM & WPS) was prepared to address two issues of considerable significance with respect to
the future of the Town of Southold: the protection of the quality and quantity of its groundwater
supply for present and future use, and the maintenance of the community's rural/agricultural
character. The challenge to developing a successful strategic approach to protect these resources
is based on the understanding that in certain respects the pursuit of these objectives may be
contradictory, Simply put, the operation of agricultural properties has historically resulted in
certain threats to the water supply and quality in the Town of Southold. The strategic approach
offered in this document outlines policies and actions that will enhance opportunities for the
protection of groundwater resources, while allowing for the continued operation of the Town's
agricultural activities.
In formulating the proposed watershed protection strategy, the WSM & WPS analyzed the
Town's geology and soil characteristics, surface and groundwater resources, land use and
development characteristics, and demographic trends. In addition, the analysis included
descriptive summaries of prior planning and environmental studies in the Town of Southold, and
existing land protection measures. The results of this analytical process yielded numerous
findings and opportunities to address a broad range of watershed protection issues The report
proposes specific recommendations to address the various issues outlined in the analysis, with
the objective of protecting the Town's groundwater and agricultural resources.
1'0\\ Il of Southold
W<l(cr Supply' MarutgclIlent & Watershed Protection Straleg\
Executive SUlIllIlar\
ISSUES
The preservation of the Town's groundwater resources is critical since the community is
dependent on freshwater resources beneath the land as a water supply source for water tor both
drinking and irrigation. lr response to this situation, the Town of Southold has implemented
many programs 10 protect the watershed and preserve farmland through various comprehensive
and master planning etTowi over the past twenty (20) years. Geographically, the primary and
most sensitive recharge areas of the watershed are located along the central spine of the Town
Based on the environmental significance of this watershed resource, the Long Island Regional
Planning Board has designated two areas within the Town's central spine as Special
Groundwater Protection Areas (SGP A). The section of the recharge area west of Mattituck
Creek is within the North(ast Sector of the Central Suffolk SGP A; the recharge area east of
Mattituck Creek is designat,~d as the Southold SGP A.
The formulation of the proposed strategies and actions recommended in the WSM & WPS
are based on the identifica,ion of key local environmental factors and conditions, and related
development activities impacting the subject watershed areas. It is necessary to first understand
land development characteristics and trends in the Town of Southold, before assessing potential
impacts to environmental resources.
Historical development patterns within the Town of Southold have lead to numerous
problems relative to the ellVironmental condition of the watershed area For the most part,
residential development has occurred in Town along its southern shoreline, with agricultural uses
generally located on large interior lots that extend from Route 25 to the north shore of the Town.
Currently, residential and agricultural properties comprise relatively the same proportion of the
Town's existing land US'l, approximately twenty-nine (29) and thirty-one (3 I) percent,
respectively. However, over 15,000 acres, or forty-seven (47) percent of the Town of
Southold's estimated 32,250 acres of mainland upland acreage is currently available for
development. Residentially zoned land accounts for 14,537.8 acres, or about ninety-seven (97)
percent of the land availabb for development in Town. Included in this total are properties that
2
........ ;'~!'ll.'___
.
Town of Southold
Water Supply Management & Watershed Protection Strategy
Executive Summary
are actively utilized for agriculture, but which could be developed for single-family housing
under existing zoning The remaining properties fall within commercial and industrial
designations
The report indicates that the significant amount of property available for development,
along with emerging development pressures, potentially could threaten the existing balance of
residential and agricultural properties in the Town. This would have serious implications with
respect to the Town's watershed areas and it's agricultural character Residential development
trends dating back to the 1960's have resulted in a steady expansion of the Town's housing
stock, fueled in particular by the growth of the second or seasonal home market. However, in
recent years other factors that are likely to continue into the next decade have contributed to the
demand for housing in the Town. Specifically, it is concluded in the WSM & WPS that the
scarcity of land available for primary and second homes in towns west of Southold, the
expansion of regional employment opportunities, the development of east end tourism attractions
and the trend towards smaller household size will result in an increasing demand for housing
units in the Town.
A key observation with respect to the changing land use dynamics in the Town of
Southold is the escalating land prices resulting from the previously discussed demand for
residential housing. The increasing cost of land potentially may threaten the economic viability
of agricultural properties and result in the loss of farmland for residential development. Farm
operations that continue may have to shift their crop production to special niche markets that will
allow for higher profitability. This trend may detract from the traditional agricultural scenery
and the bucolic setting that has long attracted visitors to the east end, and may lead to land use
contlicts between farm owners and the Town's residents.
As noted, the Town's land use characteristics and future development trends will have
significant impacts on the environmental conditions related to the subject groundwater recharge
areas. In particular, the following observations emerged when considering both land
development activities and watershed attributes in the Town of Southold:
3
10\\ n of Southold
W<-ltCI" Supply M<-lIl<-lgclllcnl & Watershed Protect 1011 Str(jtcg~
E.'\cculi\'c SUIlllIw0
. A significant portion of the open space and related agricultural properties located in the
Town of Southold lie along its central spine, within the earlier identified SGP As and the
critical aquifer recharge areas The protection measures offered in the proposed watershed
strategy are targeted fa]' these central recharge areas with the intended purpose of ensuring
the availability of the Town's long term water supply tin residential and agricultural use
. The Town contains many areas of environmentally sensitive lands where development
activities potentially could have a negative impact on the aquifer recharge areas
Development in areas with steep slopes may result in erosion and sedimentation that impacts
adjacent ponds and surface water. These freshwater wetlands are of considerable importance
relative to watershed protection since they act to store and filter recharge, and are
hydraulically connected to the aquifer. In addition, there are areas in the Town which exhibit
shallow groundwater that are particularly sensitive to development impacts associated with
the installation of sanitary systems.
. The primary groundwater quality issue within the associated watershed area results from
contamination related to the historical use of pesticides and fertilizers for agricultural
purposes. In addition, nitrates associated with the operation of residential sewage disposal
systems have also contributed to groundwater contamination. However, the prohibition of
the use of pesticides such as aldicarb on the North Fork and dispersal has resulted in a
reduction in the concentration found in the groundwater. As a result, it is probable that much
of the groundwater on the North Fork will be suitable for consumption without treatment
within the next twenty (20) years.
. Coastal areas, and othe:c sections of the Town that exhibit a higher intensity of development
may be subject to salt water intrusion and upconing, which has the potential to impair water
quality as a result of d loride contamination This situation is a result of a thin freshwater
lens in these areas coupled with the overpumping of wells. As a result, the availability of
potable water in such ar~as limits residential development potential.
4
".'~"""M'~"_''''~'_~~~''''''''''''_" .""",~",_,.___",,,,__.",,,,.__".....__...,,,,,,_~...,.,
Town or Southold
Water Supply Management & Watershed Protection Strategy
Executive Summar)'
The Town of Southold's efforts to preserve and protect open space and agricultural
properties over the past twenty years have been moderately successful. Both the Town and
Suffolk County operate Purchase of Development Rights (PDR) programs, which have preserved
a total of approximately 2,318 acres since 1974. Therefore, of the current total of 10,232 acres
of farmland in the Town of Southold, approximately twenty-four (24) percent are protected from
development under municipal PDR programs. In addition, the Town's capacity to acquire land
for preservation purposes has been strengthened as a result of the real estate transfer tax funds it
will receive via the enactment of the Peconic Bay Region Community Preservation Act of 1998.
In compliance with the Act, the Town has prepared a Community Preservation Project Plan
(CPPP) to guide future acquisitions ofland for preservation.
Further, the Town of S~lUthold has utilized traditional planning techniques such as zoning
and cluster subdivision designs, along with its PDR program and private conservation easements
to preserve farmland. Through the implementation of a Conservation Opportunities Planning
(COP) process, the Town has worked with private interests to proactively use conservation
techniques and public funding for land preservation. A summary chart of Town initiatives which
benefit open space, rural qualities of the Town and aquifer protection is presented on the
following page.
The Action Strategies proposed in this document are intended to build upon the Town's
existing framework of planning initiatives that have been implemented for watershed protection
and land preservation.
5
j'0\\ 11 of Southold
Water Supply Management & Watershed Protection Strategy
Executive Summary
Farm and Farmland Protection Strategy
Zonmg Code Implementation
nes~n lUll! ~~llltiOIiSb4!.*~WS~WPS_1
Study of farmmg needs in connection with farm 1
commulllty. and efforts to mamtam and protect
farm use: strategy targets preservation of prime
agncultural land. much of It m the \\ atershed
protectIon zone
Application of TOV-.'ll 7.onlllg reVIC\\: use of
mandatory clustering
SEQRA review with-poss;bl~-~equirement of a~l
environmental impact statement, mitigation and I
measures to protect the environment
1----- ---------f------------ -- ----------
Conservation Opportunitie, Planning Process Cooperative efforts with landowners to achicve
State Environmental Quality Review Act Review
Community Preservation Project Plan
Rezoning Initiatives
Local Waterfront Revitalization Program
Other Studies, Plans, and Planning Participation
balanced development WIth preservation of open
space and farmland, meeting the
needs ofthe private landowner
economIC
Identification of target acquisition parcels for a
variety of purposes and protection measures
including watershed protection.
Route 48 study and other zoning review that the
Town IS contemplating m order to meet the
long-range goals and objectives of the Town in
terms of land use.
Comprehensive inventory of coastal resources
with establishment of policies to achieve state-
wide coastal zone management goals;
designation of the overall Town as the coastal
zone due to the interwoven nature of coastal
resources and Town character
Scenic By-ways Study; Participation m the
Peconic Estuary Program, Public-Private
Partnership Strategies; Town Trustees Wetland
Protection under Chapter 97.
6
__.___ d
I1t
Town of Southold
Water Supply Management & Watershed Protection Strategy
Executive Summary
ACTION STRATEGIES
The WSM & WPS proposes a number new initiatives, involving the establishment of new
zoning and special district designations, as well as coordinating expansion of services. The
following section highlights the action strategies proposed in the document.
COORDINATE WITH WATER UTILITY
The Suffolk County Water Authority (SCW A) has had an increasing presence on the North Fork,
particularly since its purchase of the Greenport Water District in 1997. The Authority recognizes
that the expansion of its public water main distribution system will be a major determinate of
future development activities in the Town of Southold. This is supported in part by the
observation that there are areas throughout the Town subject to salt-water intrusion and
up coning, severely limiting the capacity to provide potable water to residential housing in the
absence of public water.
The potential impact of expanded public water lines to the central area of the Town, which
contains a significant percentage of the Town's remaining agricultural and open space properties,
creates a number of concerns. Most notable is that much of this agricultural land is within the
Town's two SGPAs, and its groundwater recharge area. From an environmental and
groundwater protection perspective, it is advisable to limit population density and control growth
to the maximum extent possible. This strategy serves the dual purpose of ensuring a sustainable
population in the future, and protecting a primary groundwater aquifer recharge area. The Town
should seek a commitment from the SCW A to not extend public water lines to such areas, and
coordinate future extensions in accordance with its watershed protection objectives.
7
TO\\I1 of Southold
Water Supply Management & Watershed Protection Slr(ltcg~
Executive Summaf\
WATER OUALITY TREATMENIDISTRlCTS
State law authorizes towns to create Water Quality Treatment Districts in areas not presently
being served by a public water supplier. The districts are empowered to test water quality, install
and maintain water treatment systems where necessary, and advise well owners on methods of
reducing contamination. It is recognized that areas within the Town's central recharge zonc may
currently be impacted by degraded water quality, particularly as a result of ongoing agricultural
operations. In order to provide an adequate water supply to existing users within this area,
without extending public water and intensifying development, the WSM & WPS recommends
that the formulation of Water Quality Treatment Districts be explored
The establishment of such 2 district would require a joint effort involving the Town of Southold,
the Suffolk County Department of Health Services, and the Suffolk County Water Authority
The district boundaries and program provisions must be carefully controlled so as to not promote
growth in areas of the Town where density limitations and retention of farmland are intended
The Watershed Strategy depicts those areas in Town wbere the extension of public water mains
is not feasible or practical, and the establishment of a water district may be the appropriate
alternative,
CRITICAL ENVIRONMENTAL LAND (CEL) ORDINANCE
As part of its watershed protection policy, it is suggested in the WSM & WPS that the Town
adopt a Critical Environmental Land (CEL) ordinance that specifically recognizes land within
the municipality determined to be environmentally sensitive. The CEL would strengthen the
Town's existing development review process by prohibiting development in the following
sensitive areas, where construction activities are likely to have a negative impact on the
watershed,
. Freshwater wetlands and adjacent areas
8
"~'-"-"''''''''.''''~'~-~-_."-__~''_''~'''''''''''''.' ,. ''0 .~~_"....,;.._______,..;.,,~
Town of Southold
Water Supply Management & Watershed Protection Strategy
Executive Summary'
. Tidal wetland and adjacent areas
. Lands with natural slopes in excess of 15 %
. Lands with a depth to groundwater of less than 10 feet
In order to accomplish this objective, the CEL ordinance should include provisions that
remove acreage within an environmentally sensitive area from the density yield for a proposed
development. Essentially, these critical environmental lands would not be permitted to
contribute toward the minimum lot size of subdivision lots The ordinance would also prohibit
alteration of Critical Environmental Lands, in order to assure maximum protection. The CEL
ordinance would apply to all lands and all zoning districts within the Town of Southold. The
nature and value of these resources are not related to jurisdictional boundaries and warrant
maximum preservation by virtue of their occurrence within the Town.
WATERSHED PROTECTION ZONES (WPZ's)
The WSM & WPS recommends that two Watershed Protection Zones be established within the
central area of the Town of Southold, between Mattituck Creek and the hamlet of Southold, and
the area west of Mattituck Creek in the vicinity of Laurel Lake. Generally, this recommendation
is based on a number of key elements that these areas exhibit which warrant the ~stablishment of
this special overlay protection district. In particular, these geographic areas represent large lot
holdings, exhibiting contiguous blocks of agricultural properties that contribute significantly to
the rural character of the Town. Further, the subject areas are significant recharge areas, lying
substantially above the five-foot groundwater contour, and generally coinciding with the SGPA
boundaries established within the Town.
The legislative intent of the establishment of these protection zones is to heighten public
awareness of their critical environmental significance with respect to groundwater and
agricultural resources, and to provide a first step for additional planning measures.
9
TOWIl of Southold
Watc'i Supply Management & Watershed Protection Stralcg.\
Executive Summary
In order to effectively manage the WPZs, the Town needs to reduce development density to
maintain the existing landscape to the maximum extent practicahle Therefore, these designated
areas should be considere(~ "Restricted Growth Areas" which are regulated by an additional
level of development standards and guidelines to achieve the goals and objectives of the
proposed Watershed Protection Strategy. Development standards are proposed to include the
following measures
. Control or reducc development density to limit nitrogen loadlllg,
. Eliminate the com;truction of ncw sewage treatment plants in the WPZ's~
. Restrict the storage and use oftoxic and hazardous materials In the WPTs;
. Maximize open space and reduce development denSIty near public water supply sources~
. Protect wetlands and adjacent areas,
. Provide environmentally compatible stormwater recharge systems~
. Preserve existing,egetation, specimen trees and wooded edges wherever posslble~
. Align contiguous areas of undeveloped open space and farmland through development
design~
. Minimize areas established in fertilizer dependent vegetation~
. With the exception of agricultural use, revegetate permanent buffer areas with plantings
having a low fertil izer and irrigation dependency;
. Identify and prote,;;! species in communities of special concern;
. Provide a mechan:lsm for the management of open space and agricultural lands; and
. Restrict commercIal and industrial development to protect quality of groundwater recharge
and rural characte~,
CONSERVATION SUBDIVISION PROGRAM (CSP)
A proposal for a Conservati,)n Subdivision Program (CSP) is intended to create a disincentive for
landowners to propose traditional developments utilizing cluster or grid style designs within the
Water Protection Zones (WJ>Z), and alternatively, redirect their projects within the Town to more
desirable locations. The objective of the CPS would be to utilize a variety of public and private
10
'_"_"""'_"^,"M'"".""'._"'__~'''_''''''''''''''_'''__<>''''''''<'..'.>'_.'....._.____""'___~,
Town of Southold
Water Supply Management & Watershed Protection Strategy
Executive Summary
conservation strategies for the preservation of agricultural lands through a voluntary
"Conservation Opportunities Planning Process", with the objective of preserving seventy-five
(75) to eighty (80) percent of a particular tract of land. Landowners would be encouraged to
limit development activities on a subject property and preserve a significant portion of its
agricultural component in exchange for public incentives such as, the purchase of development
rights, conservation easements, bargain sales or land donations. These conservation strategies
are particularly attractive since they leverage public funds, and are therefore cost-effective.
The CSP program is targeted to property in the proposed WPZ, zoned either A-C or R-80.
These zone designations allow large lot residential developments, and are primarily associated
with properties currently in agricultural use. The utilization of the CSP within the proposed
WPZ would support the Town's objective of minimizing development and infrastructure
throughout this environmentally sensitive area.
The proposed CSP offers on-site and off-site development strategies for landowners that are able
to preserve seventy-five (75) to eighty (80) percent of their property via the Conservation
Opportunities Planning Process for land located in the WPZ. On-site development of the
remaining twenty (20) to twenty-five (25) percent may occur based on a yield map that conforms
to the underlying R-80/ A-C zoning designation. In addition, the WSM & WPS proposes that
landowners have the on-site option of establishing a "Country Inn" facility on the balance of
their property. This facility would be permitted to offer overnight accommodations in a
residential type structure, utilizing the aesthetic quality and charm associated with the
agricultural portion of their property preserved through the CSP. The goal of this proposal is to
enhance the economic utilization of the agricultural property to the landowner, in a setting that is
harmonious and supportive of its continued farm use. Since the proposed Country Inn facility
has a commercial component, it will be necessary to establish appropriate land use standards and
controls through the Town's site plan review and SEQRA processes. This would be necessary to
ensure that such facilities are in conformance with the Town of Southold's planning goals and
objectives established for the WPZ.
11
1'0\\ Il of Southold
Watcr Supply' Managcment & Watcrshed ProtectIOn Straleg~
Executive Sum man
Off-site development may also be a viable option through cooperative development agreements
or non-contiguous clustering. If the off-site development option is selected, an II1crease 111
density on a site outside the WPZ would be permitted under the following guidelines
. The off-site locatl ~n IS within the same school distnct
. The off-site locati:m IS in the same general \\iatcrshcd area
. The off-site 10eatl.Jn IS capable of suSlall1l11g lI1ereased Yield
. All developments must conform to Artlele (, ofthc Suffolk County Sanitary Code
. If the off-site location is zoned R-40. thc maximum number of umts shall be determll1cd via
two yield maps: " 40.000 square foot subdivision map which represents the base density of
the parcel, and a 30.000 square foot subdivision map, whicb represents the potentIal increase
in units allowable by off-Site development On a zonll1g yield basis. one 80,000 square foot
lot within thc Conservation Subdivision, may result in the construction of one single-family
unit on an off-site parcel up to the maximum allowable based on the 30.000 square foot yield
map, and/or:
. If the off-site location is zoned HD, the maximum number of units shall be determined by not
more than a twenty (20) percent increase in yield. On a zoning yield basis, one 80,000 square
foot lot within the Conservation Subdivision, may result in the construction of two (2) multi-
family units, or three (3) retirement units, within the HD parcel on an off-site parcel up the
maximum allowable based on the increase of not more than twenty (20) percent of the base
density in that district.
In the event that a landowner/developer proposes a full yield subdivision of land within a WPZ,
without utilizing the Conservation Subdivision Program, it is recommended in the WSM & WPS
that such a project be considered a Type I Action under the State Environmental Quality Review
Act (SEQRA), This provi:;ion would require the applicant to fully address the environmental
concerns associated with the WPZ through the preparation and submission of a Full
Environmental Assessment Form Part I. Further, this process would be more likely to result in
the preparation of an Envircnmentallmpact Statement for a project that does not utilize the CSP
in the WPZ. As a result, the Town of Southold may be able to achieve conformance to its
12
"-"",,,,,,~-,,,,,,,,.,,,~.,,,,,,,,,---,,,,,,,-~",,,,,,,,,,_.,,,",~,,,,,,,'^
Town of Southold
Water Supplv Management & Watershed Protection Strategy
Executive Summary
planning goals and objectives for this environmentally sensitive area via mitigation measures
brought forth through a rigorous SEQRA review process.
NON-CONTIGUOUS CLUSTERING
Non-contiguous clustering is a tool recommended in the WSM & WI'S for utilization in the study
area, particularly since its use by private landowners is voluntary and can be facilitated by the
Town. Essentially, this process allows a landowner to shift development rights from a site with
various features that are environmentally sensitive to a site more conducive to development
Sensitive environmental features may include areas with high groundwater, steep slopes or
wetlands, or lands within the WPZ or targeted for preservation under the CPPP. The non-
contiguous site in which development opportunities are enhanced may be either owned by the
subject landowner or purchased.
The WSM & WPS identifies the following key parameters that should be considered in the use of
non-contiguous clustering.
. Seek to redistribute density between lands which are within the same School District;
. Seek to redistribute density between lands which are in the same general watershed area;
. Increase density only on lands that are capable of sustaining increased yield;
. The parcel which receives increased density should be designed in a manner consistent with
the Town's current clustering provisions;
· All developments must conform to the sanitary control regulations promulgated in Article 6
of the Suffolk County Sanitary Code.
A landowner/developer may benefit from utilizing the non-contiguous clustering option via a
reduction in time necessary to process a development application and the related need for
extensive environmental studies, and a reduction in site improvement costs. The WSM & WPS
recognizes that this option assists in furthering the planning policies established for the proposed
WPZ; however, it is a tool that should be considered in all areas of the Town.
13
Town of Southold
Watcr Supply Managemcnt & Watcrshcd Protcctlon Slratcg~
Executive Summary
TOWN WETLANDS ORDINANCE
The protection of wetlands, and adjacent bufTer areas provides important filtration, retention and
recharge functions, as well as habitat and open space Currently, the Town of Southold Trustees
are empowered under Chapter 97 of the Town Code to regulate activities within seventy-five
(75) feet of the designated wetlands within the municipality. Designated wetlands are generally
those regulated by the New York State Department of Environmental Conservation (DEC) in
accordance with the Enviro:lmental Conservation Law (ECL) Under the ECL, the State DEC is
authorized to regulate development activities within one hundred (100) feet of designated
wetlands. The WSM & WI'S recommends that the Town amend Chapter 97 of the Town Code to
expand its jurisdiction to regulate activities around wetl~nd areas to one-hundred (100) feet.
This amendment would re:;ult in a Town wetland regulation consistent with the State's DEC
authority, and enhance its capacity to protect these important resources.
It is also of note that the State DEC may not map small ponds and wetlands that are of local
significance, particularly in light of high groundwater areas in important wetland systems
internal to the Town. As a result, such areas are beyond the jurisdictional boundaries of both the
State and the Town of Southold. The WSM & WI'S suggests that the Town should explore the
legal potential to regulate the small ponds and wetland areas that have not been designated by the
State DEe. The Town could utilize its Geographic Information System (GIS) to map these
freshwater wetlands and ofter a greater degree of protection to these areas,
CREATION OF SUBSTANDARD LOTS
There are areas of the TowlI where the pattern of subdivision and development occurred prior to
the current zoning and lot :.ize restrictions. The evolution of zoning requirements in the Town
ultimately resulted in den:;ity standards that rendered the previously subdivided areas non-
conforming in terms of lot size and setback requirements. In recent years, it has been the
14
OJ 1-.. ..~~........",.,,,
Town of Soulhold
Water Supply Management & Watershed Protection Strategy
Executive Summary
practice of the Town's Zoning Board of Appeals to allow subdivision of larger lots to create
substandard lots which conform to the development pattern of an area. This is accomplished by
granting variances for minimum lot size, minimum lot width, and in certain cases where
necessary, front, rear and side yard setbacks.
The WSM & WI'S recommends that the Town consider the possibility of establishing an open
space land preservation fund with fees collected from non-conforming lots that recetve
vanances. Each lot that is part of the land division and receives a variance would still be
required to stand on its own merits in terms of environmental and community impact. The
formula could be based on a cost per square foot relative to the lot size variance issued. The
legality of this mitigation fee should be explored, however, the concept may provide a means to
offset minor variances and generate funds for future land acquisition.
PUBLIC AWARENESS AND EDUCATION
The Town will continue to expand its efforts to increase public awareness and educati~m with
regard to the importance of watershed protection and land preservation. The adoption of the
WSM & WI'S, along with some of its key recommendations, suclr as the Watershed Protection
Zone, will contribute to the efforts to increase the environmental consciousness of the
community. The WSM & WI'S recommends that the Town increase public awareness of the
importance of significant environmental areas by posting the boundaries of the Watershed
Protection Zone.
It is further recommended that the Town prepare a small tri-fold brochure providing information
on watershed related issues, and distribute it along with other related environmental materials
through the mail, or at public locations such as Town Hall. The Town should look to publicize
its watershed protection strategies by integrating this program to other locally based
.
environmental programs, such as the Farm and Farmland Protection Strategy, the Peconic
Estuary Program and the Local Waterfront Revitalization Program.
15
lown of Southold
Water Supply Management & Watershed ProtectIOn Stratcg~
Executive Summa~
CLOSING REMARKS
The establishment of a successful watershed protection strategy as proposed in the WSM
& WI'S will require a commitment on behalf of a broad segment of the Town of Southold
community The concept of balancing the need ior watershed protection while maintaining an
economically viable agricultural community presents a major challenge to local oilicials,
landowners and residents. The WSM & WI'S demonstrates that in some instances watershed
protection measures may run contrary to the needs of the agricultural community. For example,
farming operations have historically posed a threat to groundwater resources based on past
agricultural practices As a result, policies to support their operation must take into account the
impact on groundwater resources, Other potential measures to control water supply and quality
problems may have unintended consequences. A case in point is the expansion of water mains
by the Suffolk County Water Authority to areas that have a limited availability of potable water
due to environmental conditions. This expansion'may result in an intensification of residential
development that threatens groundwater, and/or additional agricultural land may be lost to
housing development.
In response to these challenges landowners, developers, residents and local officials must
make every effort to work cooperatively with respect to land management. Practical solutions
and options are availabl,e that take into consideration the environmental sensitive lands
associated with the watersl1ed areas, and the property rights of landowners and farmers, Town
officials will be required to take a proactive role with respect to development activities in order
for the strategies offered in the WSM & WPS to be successful
4/2000
16
"-'''''-'~'''~'''''';'-''''''''''''''--''''--_._''
Town of Southold
Water Supply Management Be
Watershed Protection Strategy
prepared by:
NELSON, POPE It VOORHIS, LLC
ENVIRONMENTAL. PLANNING. CONSULTING
TOWN OF SOUTHOLD
PLANNING BOAROIDEPARTMENT
TOWN BOARD
JUNE 2000
...
Town of Southold
Water Supply Management & Watershed Protection Strategy
TOWN OF SOUTHOLD
WATER SUPPLY MANAGEMENT & WATERSHED PROTECTION STRATEGY
Town of Southold Town Board
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman Craig Richter
Councilman Brian G. Murphy
Councilman William D. Moore
Councilman John M. Romanelli
Prepared by:
Nelson, Pope & Voorhis, LLC
572 Walt Whitman Road
Melville, New York 11747
(631) 427-5665
Contact: Charles J. Voorhis, Managing Partner
Town of Southold Planning Board/Department
53095 Main Road
Southold, New York 11971
(631) 765-1938
Contact: Valerie Scopaz, Town Planner
Chairman: Bennett Orlowski
In 1997, Southold Town's Supervisor, Jean W. Cochran, launched a growth management initiative, Southold
Township 2000, the focus of which was to develop a series of strategic action plans to guide Town actions in
the near future. The Southold Township 2000 program is supported by a $60,000 matching grant from the
New York State Department of State with funds provided under Title 11 of the Environmental Protection
Fund Act. The Water Supply Management & Watershed Protection Strategy is a required and integral
component of the Southold Township 2000 Growth Management Initiative. This report was prepared with
support from the New York State Department of State by funds provided under Title 11 of the Environmental
Protection Act.
This strategy was prepared by Nelson, Pope & Voorhis, LLC, under contract to the Town of Southold. The
project was made possible through the initiative of the Town of Southold with additional funding and
support from the Suffolk County Water Authority (SCWA). The strategy incorporates information, research,
data and support, provided by the Suffolk County Department of Planning in u draft technical report. Data
and support suppliedfor mapping of many Town resources was made possible through the Town of South old
Planning Board/Department Geographic Information System (GIS).
The strategy was first issued in March 2000 and was subject to Town review, public information meetings
and inter-agency review. This version is revised to reflect input resulting from this process. The report is
forwarded with Planning Board endorsement to the Town Board jilr consideration of adoption as a policy
document. The implementation of the strategy may be modified to conform to the best interests of the Town
through review and public input. Implementation of appropriate recommendations contained herein will
occur over time as incorporated into the policy, planning and review process of the Town of South old.
Page i
Town of South old
Water Supply Management & Watershed Protection Strategy
TOWN OF SOUTHOLD
WATER SUPPLY MANAGEMENT & WATERSHED PROTECTION STRATEGY
1.0
2.0
3.0
4.0
TABLE OF CONTENTS
INTRODUCTION
1.1 BACKGROUND
1.2 PROJECT AREA AND Focus
1.3 PURPOSE
1.4 GOALS AND OBJECTIVES
EXISTING RESOURCE CONDITIONS
2.1 GEOLOGY AND WATER RESOURCES
2.1.1 Geography
2.1.2 Soils
2.1.3 Subsurface Geology
2.1.4 Climate and Precipitation
2.1.5 Surface Water
2.1.6 Groundwater
2.1.7 Groundwater Quality
2.1.8 Existing Public Supplies and Use
2.2 LAND USE AND DEVELOPMENT CHARACTERJSTICS
2.2.1 Land Use Characteristics
2.2.2 Demographic and Land Use Trends
2.2.3 Land Available for Development
PRIOR STUDIES FORMING PROTECTION POLICIES
3.1 AREA WIDE W ASTE TREATMENT MANAGEMENT (208 STUDY)
3.2 SPECIAL GROUNDWATER PROTECTION AREA (SGP A PLAN)
3.3 PECONIC ESTUARY PROGRAM
3.4 SUFFOLK COUNTY COMPREHENSIVE WATER RESOURCE MANAGEMENT PLAN
3.5 NORTH FORK WATER SUPPLY PLAN
3.6 COMMUNITY PRESERVATION PROJECT PLAN (CPPP)
3.7 LOCAL WATERFRONT REVITALIZATION PROGRAM (L WRP)
EXISTING LAND PROTECTION MEASURES
4.1 ZONING Com: AND LAND USE REvIEW
4.1.1 Zoning
4.1.2 Clustering
Page 1
Page 1
Page 2
Page 2
Page 3
Page 4
Page 4
Page 4
Page 4
Page 5
Page 6
Page 6
Page 8
Page 12
Page 15
Page 18
Page 18
Page 24
Page 27
Page 34
Page 34
Page 35
Page 37
Page 38
Page 38
Page 42
Page 44
Page 46
Page 46
Page 46
Page 49
Pageii
Town of Soothold
Water Sopply Management & Watershed Protection Strategy
4.2
4.3
4.4
4.1.3 State Environmental Quality Review Act
WETLANDS PROTECTION
DENSITY LiMITATIONS SCSC ARTICLE 6
FARMLAND PRESERVATION
4.4.1 Purchase of Development Rights
4.4.2 Land Acquisition
4.4.3 Public-Private Partnership Strategies
Page 50
Page 51
Page 52
Page 53
Page 53
Page 54
Page 55
5.0 GROWTH FACTORS AND TRENDS Page 57
5.1 GEOGRAPHY Page 57
5.2 EMPLOYMENT Page 57
5.3 REAL ESTATE AND AGRICULTURAL TRENDS Page 58
5.4 WATER IMP ACTED AREAS AND WATER A V AILABlLITY Page 61
6.0 FINDINGS AND OPPORTUNITIES Page 63
6.1 GEOLOGY AND WATER RESOURCES Page 63
6.2 LAND USE AND DEVELOPMENT CHARACTERISTICS Page 64
6.3 DEMOGRAPHICS AND LAND USE TRENDS Page 66
6.4 EXISTING LAND PROTECTION MEASURES Page 67
6.5 GROWTH FACTORS AND TRENDS Page 69
7.0 ACTION STRATEGIES Page 71
7.1 CONTINUE EXISTING PROTECTION PROGRAMS Page 71
7.2 WATER SUPPLY MANAGEMENT Page 72
7.2.1 Coordinate Water Main Installation Page 72
7.2.2 Water Supply Options Page 73
7.3 CRITICAL ENVIRONMENTAL LANDS (CEL) ORDINANCE Page 76
7.4 WATERSHED PROTECTION ZONES (WPZ'S) Page 77
7.5 CONSERVATION SUBDIVISION PROGRAM Page 78
7.6 NON-CONTIGUOUS CLUSTERING Page 82
7.7 TOWN WETLANDS ORDINANCE Page 83
7.8 CREATION OF SUBSTANDARD LOTS Page 83
7.9 PUBLIC AWARENESS AND EDUCA TION Page 84
7.10 POLLUTION SOURCE CONTROL AND SOURCE REDUCTION Page 85
8.0 REFERENCES Page 87
Page Hi
Town of South old
Water Supply Management & Watershed Protection Strategy
LIST OF TABLES
Table I
Table 2
Table 3
Table 4
Table S
Table 6
Table 7
Table 8
Table 9
Table 10
Table II
Table 12
Freshwater Wetland Inventory
Volume of Freshwater in Each Watershed Area
Groundwater Quality Data for 1999 SCDHS Study
Annual Pumpage Rates for SCW A Southold Well Fields
Year-Round Population Town of South old - 1960-1998
Year-Round Households Town of South old - 1960-1998
Total Housing Units Town of South old - 1960-1990
Seasonal Homes Town of Southold - 1960-1990
Housing Unit Permits Issued Town of Southold - 1960-1998
Town of Southold Employment - 1990
Housing Unit Permits Issued Town of South old -1960-1998
Existing/Continuing Town Protection Measures
APPENDICES
ApPENDIX A FIGURES
Figure A-I Project Location
Figure A-2 Generalized Soil Types
Figure A-3 Southold Freshwater Wetlands
Figure A-4 Hydrogeologic Cross Section and Hydrologic Cycle
Figure A-S Primary Watershed Areas and Water Table Elevations
Figure A-6 GroundwaterlPesticide Impacted Areas
Figure A-7 Saltwater Encroachment and Upconing
Figure A-8 Sub-watershed Zones and SGPAlRecharge Area
Figure A-9 Existing Zoning and SGP AlRecharge Area
Figure A-I 0 Protected Land in Agricultural Use and SGP AlRecharge Area
Figure A-II SCW A Well Sites and Existing Water Mains
Figure A-I2 Existing and Proposed Water Mains and Southold Protected Lands
Figure A-13 Proposed WPZ Boundaries
ApPENDIX B EXISTING LAND USE ACREAGE - TOWN OF SOUTHOLD
ApPENDIX C ZONING DIMENSIONAL/BULK REQUIREMENTS
ApPENDIX D WATER QUALITY TREATMENT DISTRICT LEGISLATION
Page 7
Page 11
Page 14
Page 16
Page 24
Page 25
Page 25
Page 26
Page 27
Page 57
Page 59
Page 71
Page Iv
TOWN OF SOUTHOLD
WATER SUPPLY MANAGEMENT & WATERSHED PROTECTION STRATEGY
1.0 INTRODUCTION
This document provides the Town of Southold with a Water Supply Management & Watershed
Protection Strategy to ensure the protection of sufficient quality and quantity of groundwater
supply for present and future use, and to ensure that the rural/agricultural character of the Town
of Southold is maintained. It is important to understand that the Town's working landscape lie
atop the sole source aquifer, therefore, these objectives could be considered to be contradictory.
As will explained further in this report, the challenge to the Town is to define it's future with a
protection and management strategy which addresses the need to protect and conserve both
resources.
Included herein is a statement of the purpose, goals and objectives used to structure the
watershed protection strategy proposed herein. The study considers existing resources,
including: geology and soil, both surface and groundwater resources, and land use and
development characteristics. A key factor in the evolution of the watershed protection strategy
was a review of existing land protection measures. With a solid understanding of current
resource conditions and present and future land use, demography and development potential, a
watershed protection strategy emerged to address these needs. This report provides an inventory
and analysis of the groundwater and land use resources to be protected; outlines findings and
opportunities, and proposes recommendations to protect these resources.
1.1 BACKGROUND
The preservation of the Town's water resources and rural/agricultural character is of vital
importance to the residents of the Town of Southold because it is our sole source of drinking
water and irrigation. The Town of Southold has implemented many programs to reduce
development density and protect farmland through comprehensive and master plan efforts over
the past 20 years. These programs form a sound basis for further efforts to ensure future
protection of water supply and agricultural resources. The Town of Southold continues to be
progressive in plarming efforts and is currently engaged in an active public/private cooperative
program in acquisition of farmland development rights as well as other land protection programs.
Regional planning entities have provided guidance in the form of studies and reports that
establish the technical basis and importance of resource protection. Studies of the Long Island
Regional Planning Board include the 208 Areawide Waste Treatment Management program, and
the Special Groundwater Protection Area (SGP A) study. The SGP A study is of particular
importance with regard to balancing low density land use options such as agricultural use with
future water supply needs. Suffolk County Department of Health Services (SCDHS) completed
the Suffolk County Comprehensive Water Resource Management Plan, and the North Fork
Water Supply Plan; these studies further document water resources and protection measures for
Town of South old
Water Supply Management & Watershed Protection Strategy
future wastewater disposal and water supply protection. The Peconic Estuary Program (PEP) is
a multi-governmental effort that is also an important component of Town planning as related to
watershed protection efforts.
Most recently, the Suffolk County Department of Planning has provided guidance to the Town in
a draft document entitled Ground Watershed Protection and Water Supply Management Strategy,
Southold Township 2000. The Department of Planning provided a compilation of technical
memoranda, and included preliminary recommendations for consideration by the Town. Section
5.0 contains a detailed review of documents, studies, and reports used to form the basis for
recommendations contained in this watershed protection strategy.
1.2 PROJECT AREA AND Focus
The Eastern portion of Long Island is comprised of two narrow peninsulas separated by Flanders
Bay, Peconic Bay, Gardiners Bay. The Town of Southold occupies the eastern 20 miles of the
northern peninsula which is commonly referred to as the "North Fork" (Appendix A; Figure A-
1). The Town is also comprised of a chain of islands east of the North Fork consisting of Plum,
Great Gull, Little Gull and Fishers Islands which are a continuation of the northeastward-
trending peninsula, and Robins Island which is located in Peconic Bay. The general area of
concern encompassed within this study, consists of the portion of the Town which occupies the
eastern 42.90 square miles of the North Fork of Long Island from Laurel on the west to Orient
Point on the east. Discussion of the Town setting and resources shall be limited to this region.
The Town relies on freshwater resources beneath the land mass for water supply. The central
spine of Southold is the primary and most sensitive recharge area. The recharge area west of
Mattituck Creek is referred to as the Northeast Sector of the Central Suffolk Special
Groundwater Protection Area (SGP A); the recharge area east of Mattituck Creek is referred to as
the Southold SGP A. These areas were defined by the Long Island Regional Planning Board in
the SGPA study, and are considered to be the key water supply source areas essential to the
Town's future water needs. These central recharge areas of the Town are intended to benefit
from protection measures identified in this report, in order to ensure the availability of long term
water supply to sustain the expected growth of the Town. In addition, the recharge areas for the
groundwater coincide with existing open space primarily in agricultural land use categories. The
agricultural resources of the Town provide rural character and open space, features which
establish the visual character of Southold. The working landscape also plays a key role in the
local economy.
1.3 PURPOSE
The purpose ofthis report is stated as follows:
To design, adopt and implement a strategy Jor the protection and management oJthe sole
source aquifer oj the Township oj Southold. The strategy shall define the areas to be
protected, areas suitable Jor development, areas designated Jor Jarm and agricultural
NN
Page 2
Town of South old
Water Supply Management & Watershed Protection Strategy
protection and how the watershed will be managed in order to ensure the highest quality
potable drinking water for private water supply wells and preserve rural character.
1.4 GOALS AND OBJECTIVES
The goals of this study are listed as follows:
1. To protect and preserve a healthful drinking water supply sufficient to serve the existing future
residents of the Town, while maintaining and enhancing the natural resources and quality of life
in the town.
2. To provide public drinking water to existing residents and businesses in need without
precipitating uncontrolled growth.
3. To manage future growth to ensure a sustainable drinking water supply from the Southold
Township sole source aquifer.
4. To preserve the Town's farming blocks in order to protect farming operations, limit the need for
additional drinking water in these areas, and provide, through agricultural best management
practices, a continual improvement to the groundwater quality in the area.
5. To conserve drinking water supplies by reducing wasteful water use.
6. To integrate land conservation, agricultural activities, and development control to preserve a
sustainable balance between water recharge and drinking water use.
7. To constructively protect the Town's sole source aquifer from contamination by inappropriate
land use practices.
The objectives of this study are listed as follows:
I. Develop land management and zoning strategies:
. To prevent inappropriate land uses or practice from occurring within designated groundwater
protection areas;
. To guide development in order to minimize its impact on the groundwater aquifer;
. To scale development to a level which respects the limitations of water supply.
2. Develop strategies to mitigate or remove existing threats to designated groundwater protection
areas, or mitigate possible deterioration to drinking water quality, especially in private wells.
3. Promote and guide compact, orderly growth into areas where sustainable drinking water supplies
exist.
4. Preserve and protect groundwater recharge areas in and around existing and planned drinking
water supply well-heads.
5. Accommodate growth and change within the Town which: respects the geographical and
geological limitation to the drinking water supply; does not damage the groundwater aquifer;
does not, by cumulative impact, destroy the fundamental economic base, environmental character
and unique way oflife which make up the quality oflife in the Township of Southold.
NM
page3
Town of Southold
Water Supply Management & Watershed Protection Strategy
2.0 EXISTING RESOURCE CONDITIONS
2.1 GEOLOGY AND WATER RESOURCES
The following section describes the geological, soil and topographical features present within the
Town of Southold. Information for this discussion was obtained from United States Geological
Survey papers, Suffolk County Soil Survey, topographic maps as well as referenced studies and
reports. Understanding these features as they relate to groundwater protection and management
issues is vital in examining how past and future growth within the Town impact groundwater
which is the sole source of drinking water on the North Fork.
2.1.1 Geography
The North Fork region of the Town of Southold is naturally divided by salt-water pond,
marshes and inlets into six distinct island like areas which are surrounded by water to the
north, east and south (Crandell, 1963). The topography of the region, which generally
slopes from the north to the south, is characterized by two predominant features which
consist of the Harbor Hill end moraine and a glacial outwash plain. The Harbor Hill end
moraine consists of a prominent ridge which extends towards the northeast along the
shore of Long Island Sound. This feature was formed approximately 22,000 years ago in
the latter part of the Wisconsin Stage of the Pleistocene Epoch and marks the maximum
advance of the Laurentide Ice Sheet (Sirkin, 1995). The glacial-outwash plain extends
from the ridge to the south at a slope of approximately 20 to 30 feet per mile and consists
of a gently rolling topography with numerous shallow depressions throughout. The
outwash plain was formed during the recession of the Laurentide Ice Sheet as erosional
processes resulting from glacial melt water carried sediments away from the moraines
and distributed them throughout the region.
2.1.2 Surface Soils
The USDA Soil Survey of Suffolk County, New York (Warner et al., 1975) provides a
complete categorization, mapping and description of soil types found in Suffolk County.
Soils are classified by similar characteristics and depositional history into soil series,
which are in turn grouped into associations. A soil association is a landscape that has a
distinctive proportional pattern of soils. It normally consists of one or more major and at
least one minor soil series. For the purpose of this study knowledge of the soil
associations that are present in the Town of Southold is useful as a general guide in
managing a watershed, planning projects and community developments. An examination
of the individual soil types which are present in the Town is not included in this
discussion since it is not possible to make regional decisions based on the extensive and
random distribution of individual soil series across the study area. A focus on soils
comprising farmland and geographic areas within the SGPA is useful for more localized
planning.
_'PaIr
Page 4
Town of South old
Water Supply Management & Watershed Protection Strategy
The soil survey identifies the Town of Southold as lying within an area characterized by
Carver-Plymouth-Riverhead, Haven-Riverhead, and Dune land-Tidal Marsh-Beach
Association soils. The aerial extent of each of these soils can be found in Appendix A;
Figure A-2.
Carver-Plymouth-Riverhead Association soils are characterized as deep, rolling,
excessively drained and well-drained, coarse to moderately textured soils on moraines.
In the Town of Southold these soils are found predominantly along the north shore along
Long Island Sound. Carver-Plymouth-Riverhead soils are also found on the south shore
along Peconic Bay in the areas of Great Hog Neck and Little Hog Neck and within an
area that extends through the hamlet of Mattituck along Mattituck Creek from the north
shore to the south shore of the North Fork. The rolling landscapes, wooded areas and
proximity to the water make soils in this association desirable as prime homesites. The
sand texture and steep slopes make the soils in much of this association poorly suited for
farming and the slopes are the dominant limitation to use of these soils for building sites.
Haven-Riverhead Association soils are characterized by deep, nearly level to gently
sloping, well-drained, medium-textured and moderately coarse textured soils on outwash
plains. These soils are the predominant soil type found within the North Fork area of
Southold. Due to the gently sloping to nearly level topography and good drainage, these
soils are utilized primarily for farming purposes but are also suited for the development
of residential housing. A dominant soil series within this association consists of the
Haven loam. This soil is comprised of deep, well-drained, medium-textured soils that
formed in a loamy or silty mantle over stratified coarse sand and gravel. This soil is
found on outwash plains and have a high to moderate available moisture capacity, a
naturally low fertility and good internal drainage. This soils permeability is moderate in
the surface layer and subsoil and rapid or very rapid in the substratum. This soil is used
extensively for crops, and is well suited to all crops grown on the North Fork.
Identification of these soils may be helpful to identify areas to target as open space or
agricultural land.
Dune land-Tidal marsh-Beaches Association soils are comprised primarily of sand dunes,
tidal marshes and barrier beaches. These soils are found as a small sand spit along the
south shore of Orient Point. Due to its limited extent and barren nature this area is not
considered to have a significant influence on water conservation within the Town of
Southold.
2.1.3 Subsurface Geology
The subsurface geology underlying the Town of Southold within the North Fork as
described by Crandell, 1963, is comprised of four geologic units. The first and deepest
is comprised of crystalline bedrock which is found at a depth of approximately 600 to
1,000 feet below sea level (bsl). Above this bedrock lies the sedimentary deposits which
form the three major water bearing units which underlie the Town of Southold.
liMY
Page 5
Town of South old
Water Supply Management & Watershed Protection Strategy
Found lying immediately atop the bedrock is the Raritan formation which is comprised of
the Lloyd sand member and an overlying clay layer. The Lloyd sand member lies
beneath the Town at an elevation of approximately 500 to 800 feet bsl indicating a
thickness of approximately 100 to 200 feet. These Lloyd deposits are comprised of
coarse quartz sand, gravel and sandy clay with isolated layers of clay dispersed
throughout. The overlying clay layer is encountered at an elevation of 350 to 675 feet bsl
indicating a thickness of 125 to 150 feet and consists of a gray clay to silty clay with
some sandy layers.
Directly above the Raritan lies the Magothy formation. The Magothy has been observed
beneath the Town of Southold at an elevation of 250 to 400 feet bsl indicating a thickness
of 100 to 275 feet. The Magothy is comprised of fine to medium sand mixed with silt
and clay and some beds of coarse sand and gravel. The Magothy is present under a
majority of the North Fork, however it appears to be absent from the areas which
comprise Orient Point, East Marion and eastern Greenport.
The upper most unit underlying Southold consists of the surficial deposits which
comprise the Upper Glacial formation. The Upper Glacial is encountered throughout the
North Fork at surface elevation which ranges from 100 feet above sea level (asl) at the
bluffs along the north shore to approximately 10 feet bsl in isolated depressions
encountered throughout the North Fork. The thickness of the Upper glacial ranges from
240 to 500 feet. These deposits consist primarily of stratified and unstratified sand and
gravel interspersed with clay and isolated beds of clay. Geologic studies (Bohn-Buxton,
et ai, 1980) have also identified an extensive clay layer within the Upper Glacial
formation which extends from Riverhead to the area in the vicinity of Dam Pond located
just west of Orient Point and may be related to the Smithtown Clay found in west-central
Suffolk County (Koppelman, et aI. 1992). This clay layer is encountered at a depth of
approximately 50 feet bsl to 100 feet bsl across the North Fork and ranges in thickness
from 20 to 90 feet.
2.1.4 Climate and Precipitation
Primarily due to its insular local, its latitude and the proximity of the Atlantic Ocean,
Southold has a predominantly temperate marine climate (Crandell, 1963). Temperatures
are moderate and precipitation is abundant during the fall, winter and spring. A brief dry
spell commonly occurs during the summer. Annual rainfall is approximately 46.5 inches
per year with an annual temperature 51 degrees F. Southold's climate is unique due to
the moderating effect of its geographic location. The resulting climate is an important
factor in the presence of certain agricultural uses including vineyards.
2.1.5 Surface Water
As previously noted the North Fork is naturally divided by salt and fresh water ponds,
marshes and inlets. These surface water bodies are dispersed throughout the North Fork
and contain fresh water and tidal wetlands.
fiiM
Page 6
Town of South old
Water Supply Management & Watershed Protection Strategy
Freshwater Wetlands
The fresh water wetlands are located primarily within the inland portions of the North
Fork and are comprised of lakes, ponds, streams and marshes. These features were
formed during the retreat of the Laurentide Ice Sheet when fresh melt water collected in
the kettle holes and depressions formed during the glacial advance. These areas are of
critical importance to the watershed underlying the North Fork since they are major
conduits of groundwater recharge in the region and represent ecologically sensitive
resources. Activities within 100 feet of State designated freshwater wetlands are
regulated by the New York State Department of Environmental Conservation's
(NYSDEC) Freshwater Wetlands Permit Requirements Regulations 6 NYCRR Part 663
in accordance with Article 24 of the New York State Environmental Conservation Law.
In addition, Southold through the Town Trustees regulates activities within 75 feet of
Town designated wetlands under Chapter 97. These requirements were enacted to
preserve, protect and conserve freshwater wetlands and regulate their use and
development to secure the natural benefits which they provide. Within the Town of
Southold the NYSDEC has identified 125 surface water bodies as freshwater wetlands;
these areas comprise approximately 104.82 acres of wetlands. These freshwater wetlands
are catalogued by the NYSDEC on a series of six United States Geological Survey
(USGS) 7.5 minute quadrangles. An inventory of the quadrangles and the number of
freshwater wetlands depicted on each is presented in Table 1. Freshwater wetlands are
illustrated in Appendix A; Figure A-3.
TABLE 1
FRESHWATER WETLAND INVENTORY
7.5 Minute Quadrangle Number ofFresbwater Wetlands
Greenport 5
Mattituck 43
Mattituck Hills 5
Orient 14
Plum Island I
Southold 57
Total 125
NiP&w
Page 7
Town of South old
Water Supply Management & Watershed Protection Strategy
Tidal Wetlands
The tidal wetlands are located principally along the exterior coastline regions of the
North Fork and are comprised of coastal fresh marshes, intertidal marshes, coastal shoals,
bars, flats, littoral zones, high marshes, salt meadows and formerly connected tidal
wetlands. These wetlands contain saline waters which originate from the ocean fed
surface waters surrounding the North Fork. These features are formed by coastal
processes and, with the exception of formerly connected tidal wetlands, are subject to
tidal influence. These areas are not only vital to the ecological systems to which they
serve but also function to control storm surges during flood and major storm events
which may impact sensitive watershed areas. Due to the sensitive nature and ecological
importance of these areas they are limited in their compatibility to development and land
use. As a result the NYSDEC has enacted the Tidal wetlands Land Use Regulations, 6
NYCRR Part 661 in accordance to Article 25 of the New York State Environmental
Conservation Law whose purpose is to protect and regulate their use and development.
The NYSDEC maintains a series of tidal wetlands maps which document the location and
type of tidal wetlands within New York state and includes a complete inventory for the
area of Southold within the North Fork. All tidal wetland systems must be field checked
and delineated by NYSDEC for regulatory purposes. State jurisdiction may extend
landward as far as 300 feet. As with freshwater wetlands, the Town Trustees regulate
activities within 75 feet of tidal wetland boundaries.
In summary, freshwater wetlands are dispersed throughout the inland areas of the North
Fork. Unique to this area is the fact that tidal wetlands can extend inland and be found
within close proximity to freshwater wetlands. Both are influential in the recharge and
maintenance of sensitive watershed areas and are sensitive to certain types of land use
and development. Both of these areas are regulated by the Town and are inventoried and
catalogued by the NYSDEC who have imposed regulations related to land use and
development in these areas.
2.1.6 Groundwater
Groundwater on the North Fork is derived from precipitation. Precipitation entering the
soils in the form of recharge passes through the unsaturated zone to a level below which
all strata are saturated. This level is referred to as the water table. In general, the
groundwater table coincides with sea level on the north and south shores of the North
Fork, and rises in elevation towards the center of the North Fork. The high point of the
parabola is referred to as the groundwater divide. Differences in groundwater elevation
create a hydraulic gradient which causes groundwater to flow perpendicular to the
contours of equal elevation, or generally toward the north and south shores from the
middle of the North Fork (Freeze and Cherry, 1979). Near the shore, water entering the
system tends to flow horizontally along a shallow flow system and is discharged from the
111M;
Page 8
Town of South old
Water Supply Management & Watershed Protection Strategy
subsurface into streams or marine surface waters as subsurface outflow. Water that
enters the system farther inland generally flows vertically to deeper aquifers before
flowing toward the shores (Krulikas, 1986).
The major water-bearing units beneath the North Fork include the Upper Glacial aquifer,
the Magothy aquifer, and the Lloyd aquifer and are contained within the same geologic
formations discussed in Section 1.2.2 (Jensen and Soren, 1974; Koszalka, 1984).
Within the North Fork water for supply purposes is derived principally from groundwater
contained under the water table conditions of the Upper Glacial aquifer. Groundwaters
contained within the Magothy and Lloyd aquifers have been determined to be primarily
saline and are not suitable for consumption or irrigation (Shubert, 1998). A cross-
section illustrating the major water bearing units, and the vertical dimension flow
components is provided in Appendix A; Figure A-4.
The fresh waters of the Upper Glacial aquifer underlying the North Fork occur in a series
of irregular shaped lenses or mounds that are bounded both laterally and at depth by
glacial deposits with salty groundwater. This chain is broken down into discrete
watersheds which are separated from one another by salt-water marshes and inlets which
are also underlain by salt-water (Crandell, 1963). The reader should be aware that these
watershed areas have been defined differently in various studies. The actual boundaries
of the watersheds are not as important as an understanding of the hydrologic dynamics
taking place within specific geographic areas. The areas described below provide a
useful overall description of the watershed areas for the purposes of this strategy. A
figure provided in Appendix A (Figure A-5) illustrates the primary watershed areas of
the Town of Southold.
. Western Southold area - A seven square mile area that extends approximately from the
Town of Southold border to Mattituck Creek and is approximately three miles wide
across the North Fork.
. Mattituck-Cutchogue-Southold area - A twenty five square mile area bounded on the
west by Mattituck Creek extending east to Hashamomuck Pond and ranges from 1.5 to 4
miles in width.
. Greenport-East Marion area - A seven square mile area which extends eastward from
Hashamomuck Pond to Dam Pond with a width of 1 to 1.5 miles.
. Orient Point - A five square mile area extending east from Dam Pond to the end of
Orient Point and is approximately I to 1.5 miles wide.
. Little Hog Neck - A 0.75 of a mile area which comprises Little Hog Neck
. Great Hog Neck - An approximately 2.5 square mile area comprised of Great Hog Neck
In each of these watershed areas
encounters the salt water interface.
fresh water has filled the glacial deposits until it
Since the specific gravity of the fresh water is less
111M
Page 9
Town of South old
Water Supply Management & Watershed Protection Strategy
than that of the underlying salt water, the fresh water tends to "float" on the salt water
within the boundaries of each watershed area. Due to this difference in specific gravity a
ratio develops which generally results in fresh water extending 40 feet below sea level for
each foot it extends above sea level. This is referred to as the Ghyben-Herzberg
relationship.
The upper surfaces of the watershed areas are marked by a chain of groundwater mounds
aligned along the axis of the North Fork. A groundwater divide passes along this axis
and generally follows the northeast trend of the North Fork. From the vicinity of this
divide, groundwater moves vertically and horizontally in directions towards the salt-
water bodies which surround each watershed area resulting in groundwater flowing
radially outward from the inland water table mounds. The horizontal groundwater
velocity within the North Fork ranges from 0.5 to I foot per day (SGPA, 1992). The
direction of groundwater flow in each of the watershed areas is generally perpendicular to
the lines of equal elevation of groundwater or the groundwater contours. The water table
elevation map of the Town of Southold illustrates these groundwater reserve areas and is
included in Appendix A; Figure A-5. As noted in the figure, groundwater flows radially
and generally toward the nearby marine surface waters. The figure also illustrates the
largest of the groundwater reserve areas noted as the Mattituck-Cutchogue-Southold
Area, comprising approximately 25 square miles. A large portion of this area has
groundwater at elevations of 5 feet above sea-level or greater, indicating freshwater
depths of more than 200 feet as determined by the Ghyben-Herzberg relationship. This is
the largest groundwater reserve area in the Town and is considered an important resource
for protection. The primary recharge area for this reservoir is in areas where groundwater
is above the 5 foot elevation; as the elevation provides a hydraulic gradient which induces
vertical recharge. This area also coincides with the greatest expanse of agricultural land
use and open space which will be described in Section 2.2.
The water budget (i.e. the movement of water between the atmosphere and land masses)
for an area is expressed in the hydrologic budget equation, which states that recharge
equals precipitation minus evapotranspiration plus overland runoff. Figure A-4
(previously referenced) provides an illustration of the hydrologic water budget. This
indicates that not all rain falling on the land is recharged. Loss in recharge is represented
by the sum of evapotranspiration and overland runoff. The equation for this concept is
expressed as follows:
R=P-(E+Q)
where: R = recharge
P = precipitation
E = evapotranspiration
Q ~ overland runoff
The calculation of the water balance for a water budget area is partly dependent on the
type of land coverage within an area. The natural water budget of an area is changed by
the manner in which the land is used. The quantity of recharge will be determined by the
lilli' }" ,
.'P&W
Page 10
Town of South old
Water Supply Management & Watershed Protection Strategy
degree to which the site is covered by impervious surfaces. Construction of impervious
surfaces results in the reduction of vegetation. Vegetation reduces the amount of water
available for recharge as a result of evapotranspiration. Reduction of vegetation
(increasing the impervious surface area) at a site will result in an increase in the
catchment, charmelization and recharge of stormwater runoff to the ground, with a
concomitant reduction in evapotranspiration. While this increases the quantity of water
available for recharge for an area; of concern is the quality of this recharge and the
quality will be determined by the type ofland uses that are being created.
With regard to armual recharge, only 50% of the total armual precipitation (46.5 inlyr) is
available for recharge (Peterson, 1987). This is due to atmospheric loss of water from
plant transpiration as well as evaporation, resulting in the term evapotranspiration. As a
result precipitation accounts for approximately 17,000 Million gallons per year (MG/y) of
recharge to the Upper Glacial aquifer.
The saturated deposits underlying the North Fork are estimated to contain approximately
938,636 million gallons of fresh water. However, approximately only 22 percent of this
total volume can be withdrawn for consumption due to capillary forces which restrict the
movement of groundwater (Crandell, 1963). The approximate volume of water
available for removal each watershed area is presented in Table 2. Additional
information on public water supplies and use in contained in Section 2.1.8.
TABLE 2
VOLUME OF FRESH WATER
IN EACH WATERSHED AREA
Watershed Area Estimated Volume
(million l!a1lons)
Western Southold 46,000
Mattituck -Cutchogue-Southold 134,000
Greenport- East Marion 10,400
Orient Point 10,400
Little Hog Neck 1,000
Great Hog Neck 4,700
Total 206,500
Source:
Geology and Ground-Water Resources of the Town of Southold, Suffolk County, New York,
USGS; USGS Water Supply Paper 1619-GG
N'R,W
Page 11
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
2.1.7 Groundwater Quality
The Town of Southold has two Special Groundwater Protection Areas (SGPA's) as
defined by New York State Law. The Long Island SGPA Plan (Koppelman, 1992) was
prepared by the Long Island Regional Planning Board in 1992 in order to study land use
and to protect groundwater quality within several SGPA's throughout Long Island. This
plan provides useful technical information regarding groundwater quality and is also
discussed in more detail in Section 5.1 as it relates to groundwater protection policy.
The western part of Southold Town partially includes the Northeast Sector of the Central
Suffolk SGP A. This SGP A is located in the area of Mattituck west of Mattituck Creek,
surrounding the Laurel Lake area. The overall SGP A extends to Riverhead as well as
part of the South Fork, and farther west as far as Coram in central Brookhaven Township.
The portion in Southold Town comprises only a fraction of the overall SGPA. In general,
agricultural contamination is documented in several areas of the SGP A including the
Southold portion.
The Southold SGP A is entirely within Southold Town, and is a central watershed feature
According to the SGP A Plan the primary groundwater quality issue within the Southold
SGP A consists of contamination primarily from pesticides used for agricultural purposes.
Pesticides have contaminated groundwater throughout much ofthe horizontal and vertical
extent below the Southold SGP A (SGP A, 1992).
Pesticides such as aldicarb, carbofuran and dichloropropane have also been detected in
wells across the subject SGPA and are very unreactive and mobile. The use of some of
these chemicals has since been banned in Suffolk County. Concentrations of these
pesticides may be found to decrease due to mechanical mechanisms of natural
attenuation; however, the total mass of the contamination is not reduced by biological
degradation or absorption. Approximately 10% of the private wells sampled each year
are found to exceed the 7 parts per billion (ppb) drinking water standard for aldicarb and
concentrations have hovered near this standard in some public supply wells within the
North Fork area (SGPA, 1992). However, given the relatively short time that aldicarb
had been used on the North Fork, the subsequent ban on its use and the reduction in
concentration that has occurred due to dispersion, it is probable that much of the
groundwater on the North Fork will be suitable for consumption without treatment within
the next 20 years.
Fertilizer contaminants can be found throughout the vertical extent of the aquifer system.
Nitrate concentrations in agricultural areas frequently exceed the 10 parts per million
(ppm) drinking water standard and are occasionally found as high as 20 to 30 ppm.
Elevated chloride and sulfate concentrations are usually found with elevated nitrates but
are often not found above their respective drinking water standard of 250 ppm. With
regard to nitrates, a reduction in concentration is dependent on future land use and
agricultural practices (SGP A, 1992).
tlP&W
Page 12
Town of Southold
Water Supply Management & Watershed Protection Strategy
In June of 1999 the SCDHS published a report entitled Water Quality Monitoring
Program to Detect Pesticide Contamination in Groundwaters of Nassau and Suffolk
Counties, NY to provide a comprehensive examination of pesticide impacts on Long
Island groundwaters. Primarily, five pesticide types were analyzed, these include:
chlorinated pesticides, methyl carbonate pesticides, semi-volatile pesticides, chlorinated
acids and dacthal metabolites. In addition to pesticides, samples were also analyzed for
several other compounds to develop a broader profile of groundwater quality and include
metals, volatile organic compounds and micro extractables. Within Southold, 445
samples were collected from various monitoring, private, domestic and supply wells. Of
these 445 samples collected, 227 detected concentrations of I or more pesticides with 185
detections above their respective Maximum Contaminant Levels (MCLs) which are
equivalent to the New York State Drinking Water Standards. A list of the compounds
detected and the range of concentrations for each is provided in Table 3. Figure A-6
contained in Appendix A illustrates groundwater impacted areas of the Town.
As noted earlier, the North Fork is surrounded on three sides by salt water and is
separated into four island-like areas by salt water inlets and marshes. As a result, salt
water encroachment into the aquifer underlying the North Fork has impacted
groundwater quality along the Southold shorelines and within the village of Greenport.
The degree of saltwater encroachment is governed by the Ghyben-Herzberg relationship
discussed in Section 2.1.6. Saltwater encroachment occurs naturally due to tidal
fluctuations. Pumping of large amounts of freshwater for irrigation or public supply in
coastal areas may increase the inland extent of saltwater encroachment. Since freshwater
sits as a lens upon the more dense saltwater the effects of regional pumping results in the
increase in vertical as well as lateral encroachment of salt water. This vertical component
is commonly known as "upconing" and occurs more rapidly than lateral encroachment,
which must displace a volume of freshwater greater than that displaced by upconing
(Heath, 1998). }'igure A-7 of Appendix A provides an illustration of these aspects of
saltwater encroachment.
It should be recognized that the impact of saltwater encroachment may be minimized
through proper pumping management and well placement strategies. In addition, the
extensive clay layer present in the Upper Glacial aquifer in a majority of the North Fork
may help prevent the upconing of saline groundwaters (SeW A, 1992).
1I'P&tiY
Page 13
Town of South old
Water Supply Management & Watershed Protection Strategy
TABLE 3
GROUNDWATER QUALITY DATA FROM 1999 SCDHS STUDY
Compound Maximum Contaminant Level Concentration
(NYS Drinkinl! Water Standard)
Alachlor 2 ug/I I to 8.3 ug/I
Aldicarb 2 ug/l I t041 ug/I
Atrazine 3 ug/l 0.26 to 0.96 ug/I
Carbofuran 40 ug/l I to 2.9 ug/l
2,4 D 50ug/1 0.6 to 0.98 ug/I
Di-ethylhexylphthalate 2.2 to 10.6 ug/l
DEP 0.6 to 12 ug/I
Dinoseb 7 ug/l 1.4 to 2.61 ug/l
Ethylene Dibromide 0.05 ug/l 0.01 to 1.87 ug/I
Metalaxyl 50ug/l 0.26 to 2.7 ug/I
Metolachler 50ug/1 0.2 to 2.5 ug/I
Oxamyl 50ug/1 I ug/I
Simazine 4ug/1 0.3 to 0.46 ug/I
Tetrachloroterephthalic 50 ug/l 7 to 441 ug/l
acid
TEP 0.5 to 134 ug/I
PercWorate 3 ug/l
Nitrate lOug/1 1.1 to 26.1 mg/I
Arsenic 50 ug/l 4.6 to 7.6 ug/l
Mercury 1.0ug/l
Cadmium 5 ug/I 1.0 to 2.25 ug/l
Delia 1.5 ug/l
13 Perch 13 ug/I
MTBE 2 ug/I
Dea 0.5 ug/l
Dicamba 0.8 ug/l
Prometon 50ug/1 0.57 to 3.8 ug/I
Metribuzin 50ug/l 0.3 ug/l
MCPP 50ug/1 1.8ug/1
11M
Page 14
Town of South old
Water Supply Management & Watershed Protection Strategy
2.1.8 Existing Public Supplies and Use
Groundwater on the North Fork is used primarily for public consumption and for
agricultural purposes. The portions of the Town that have public water supply receive
water from the Suffolk County Water Authority's well fields which are distributed across
the North Fork.
The Suffolk County Water Authority (SCW A) became involved in providing water
services in the Town of Southold in the late 1980's, via the acquisition of existing water
supply entities. The Town first requested that the SCW A purchase a failing water
company providing services to the Captain Kidd Estates in western Mattituck. Since that
time the SCW A has expanded its activities, most notably through the acquisition of the
Village of Greenport Water Utility Company. The Greenport company dates back to
1887, and was formed to provide safe drinking water to residents within the Village. The
company was purchased by the Village of Greenport in 1899, which then expanded the
water service area beyond the boundaries of the incorporated Village. The Draft Local
Waterfront Revitalization Program (LWRP) prepared by the Town of South old (Town of
South old, 1999; draft manuscript), summarizes the current status of the SCW A as
follows.
The SCWA now owns about 196 acres of land within the Town: on which are
located 13 well fields and pumping stations, plus one under construction. There
are a total of 19 active wells and 5 inactive wells.
The total annual pumpage from these wells is approximately 400 Mg/y. A listing of these
wells and their annual pumpage volumes is presented in Table 4. This list is arranged
geographically by well field site from west to east. Most of the water pumped for public
supply is eventually returned to the water table, mainly through cesspool and septic
systems. It has been estimated (Franke and McClymonds, 1972) that in unsewered
areas on Long Island, which include the North Fork, approximately 85% of the total
public supply pumpage is returned to the groundwater system. This results in
approximately an additional 340 Mgly being reintroduced to the Upper Glacial aquifer
underlying the North Fork.
II~
Page 15
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
TABLE 4
ANNUAL PUMPAGE RATES FOR sew A SOUTHOLD WELL FIELDS
Well Field LoelltioD 1998 AnllllalPumpllge O~llllons)
Bergen Avenue Presently Not In Service
Laurel Lake 18,300,000
Sunset Drive 3,417,200
Inlet Drive 23,051,000
Mill Road 7,514,000
North Road Presently Not In Service
Ackerly Pond Lane 39,063,800
Kennys Road 123,996,900
Middle Road 110,507,000
North Road 32,275,000
Geyer (North Road) Presently Not In Service
Brecknock Hall 35,247,000
Island End Presently Not In Service
Long Way Presently Not In Service
Main-Bayview 1,400,300
Rocky Point Road Presently Not In Service
Browns Hills Road 5,088,750
Totals 399,860,950
Water supply for agricultural irrigation is provided through the use of private wells
maintained at each farming location and this use is the largest cOnsumer of water On the
North Fork (SeWA, 1992). Information On the amount of irrigation water that is derived
from private wells generally is not known. However, an average irrigation rate has been
calculated to be 140,000 gallons per day per acre per year (SCDHS, 1983). This rate has
been determined from the irrigation rates required for each type of crop grown On the
North Fork as well as estimates of the total acreage devoted to each crop type. The total
volume of water required for irrigation during 1980 was determined to be approximately
II'II&W
Page 16
Town of South old
Water Supply Management & Watershed Protection Strategy
2,800 Mg/y. Based on estimated land use projections it was estimated in the North Fork
Water Supply Plan (1983) that by the year 2000 the annual water use for irrigation would
be will be reduced by 500 Mg/y to 2,300 Mgly. This projected decline was predicted to
result from an anticipated reduction in agricultural activity on the North Fork with
replacement by other land use types. In fact, agriculture still remains a dominant land
use. Further, because there have been major shifts in the type of agricultural crops in
production over the past 20 years, it may be useful to re-evaluate the agricultural
irrigation component.
In 1992 Leggette, Brashears & Graham (LGB) prepared a report for the SCW A regarding
public water supply for the Town of Southold. The report identified potential water
supply well fields for public water expansion in the Town and determined that the daily
sustained capacity of the well-field network was approximately 3.2 Million gallons per
day. The report estimated that this additional yield could supply a population of
approximately 30,000 people within the Town of Southold. However, the report did not
appear to factor in seasonal population increases, compromised water quality, and
prolonged drought conditions; therefore, the ceiling of 30,000 population is suggested as
a conservative measure.
In its master plan for enhancing the public water supply for Southold, LGB recommended
that the placement of well fields be based on the consideration of several factors which
are provided below:
. Placement of well fields should occur along the central spine of the North Fork which
consists of the Harbor Hill terminal moraine. This will provide an area with the greatest
aquifer thickness and will mitigate the possibility of vertical salt-water encroachment. In
addition, the presence of the clay layer within the Upper Glacial aquifer will reduce the
potential of upconing of saline water.
. Well fields should be placed in reasonably close proximity to population centers to avoid
excessive water main length which can result in pressure losses through the transmission
pIpes.
. Storage tanks must have an overflow elevation of 185 feet above sea level. The tallest
tanks which can be constructed are ISO feet, which means that they must be located at 35
feet above sea level.
. Well locations should be placed in the area of the fresh water mound centered beneath
Cutchogue Station, between Mattituck Creek and Richmond Creek. This area would
provide groundwater which is downgradient of the groundwater divide, sufficiently
distant from tidal water, within a relatively thick fresh-water lens, reasonable close to
population centers and in areas where property may be readily available.
Based on these factors six potential locations for well fields were recommended. The
Suffolk County Water Authority continues to evaluate potential sites for public water
supply well fields and water main distribution based on water quality and public needs.
The Water Authority continues to find that producing water supply is difficult due to
compromised water quality in many areas of the Town.
NPaM;'
Page 17
Town of Sonthold
Water Supply Management & Watershed Proteetion Strategy
2.2 LAND USE AND DEVELOPMENT CHARACTERISTICS
2.2.1 Land Use Characteristics
The Suffolk County Planning Department, in cooperation with the Town of Southold
prepared a land use inventory of the Town in 1998. The land use analysis is presented in
the County's Ground Watershed Protection and Water Supply Management Study -
Southo/d Township - 2000, dated May 1999. The land use inventory was prepared at a
tax map scale and field verified. The County's Geographic Information System (GIS)
was utilized to link land use data with parcels shown on the Suffolk County Real
Property Tax Map. The following analysis of the land use characteristics of the Town of
Southold is based on information and data drawn from this inventory.
The Suffolk County land use inventory classified properties based on thirteen (13)
general land use categories commonly used for planning purposes:
Low-density residential
Medium density residential
High density residential
Commercial
Industrial
Institutional
Recreation and open space
Agriculture
Vacant
Transportation
Utilities
Waste handling and management
Surface waters
These land use classifications were utilized for the County inventory because they are
suitable for characterizing community layout and function, determining land available for
development, estimating future population levels and preparing master plans. In addition,
the land use study divided the Town into fourteen (14) sub-watershed areas, and collected
data based on the boundaries of each area. Information on Sub-watershed Zone 130,
Fisher's Island, is excluded from the land use analysis. The location of sub-watershed
zones, as well as the SGPA boundary and the primary recharge area (above the 5'
groundwater contour) is provided in Appendix A; Figure A-S.
The following summary of land use is excerpted from the Suffolk County study and
provides a brief summary of overall land use in the Town of Southold. Following the
summary, a review of land use will be presented, based on the data exhibited in Table 1
of the County study, entitled; Existing Land Use Acreage - Town of South old. This table
is contained in Appendix B of this report.
The Existing Land Use map for the Town of Southo/d and data shown in Table 1
illustrate that nearly one-third (31%) of the mainland upland acreage (32.244
acres) in the Town of Southold is in agricultural use. Residential use occupies
29% of the town-wide acreage. Generally, the residential development is
situated in close proximity to the shoreline while the agricultural property is
located on large interior lots. Vacant property accounts for 17% of the acreage
within the town. Recreation and open space compromises only 11 % of the town;
Orient Point State Park and its underwater lands, publicly owned wetlands in
.iM
Page 18
Town of Southold
Water Supply Management & Watershed Protection Strategy
Orient, recent public acquisitions around Laurel Lake, and several private golf
courses are the largest holdings in this category. Transportation related
activities occupy 6% of the town. Most of the institutional acreage in the town is
located on Plum Island.
Results of Sub-Watershed Land Use Analvsis
This analysis provides a geographic description of each sub-watershed zone along with
generalized land use information. Following is a summary ofland use within these Sub-
watershed Zones.
. Sub-watershed Zone 0
Zone 0 is comprised of Robins Island and Plum Island, and has a total of 1,278 acres.
Robbins Island has a total of 455 acres, all of which is classified as low-density
residential development. Plum Island is comprised of 823 acres, all of which is classified
for institutional use. Zone 0 accounts for approximately four (4) percent of the total area
of the Town of South old.
. Sub-watershed Zone 10
Sub-watershed Zone 10 is centered in the hamlet of Laurel, and extends from the Town
of Southold's western border to the Horton Creek area. To the north, this zone is
generally bounded by County Road 48, and to the south by the shoreline. This sub-
watershed has an area of 2,328 acres and contains about seven (7) percent of the Town's
total area. The majority of its land is dedicated to agricultural use, which covers 888
acres, or approximately thirty-eight (38) percent of the zone. Low to medium density
residential development accounts for approximately twenty-five (25) percent or 578 acres
of the land use within the zone. An additional fourteen (14) acres is dedicated to high
density residential housing. The land use pattern in Sub-watershed Zone 10 is generally
reflective of that found throughout the Town of Southold. Residential development is
situated along the southern shoreline, and agricultural properties are located to the north.
Vacant land is notable in this zone, accounting for 298 acres, or about thirteen (13)
percent of its total acreage. Recreation and open space areas are found on 204 acres
within the sub-watershed, totaling approximately nine (9) percent of the land use.
Commercial, industrial, transportation and institutional uses comprise limited acreage in
this zone, and for the most part are situated along Route 25.
. Sub-watershed Zone 20
Sub-watershed 20 generally encompasses the section of Mattituck hamlet south of
County Road 48 and extends into the Cutchogue area. Its southern boundary is provided
by the shoreline, extending from the west side of Horton Creek to the just beyond the
boundaries of West Creek. This zone has an area of 2,735 acres, representing
approximately 8.5 percent of the Town's total acreage. Agricultural uses located in the
northern portion of the zone account for 1,014 acres, or about thirty-seven (37) percent of
tllI&W
Page 19
Town of South old
Water Supply Management & Watershed Protection Strategy
the sub-watershed's land use. Low to medium density residential development is
centered around the numerous surface water areas, such as Horton Creek, Deep Hole
Creek Down's Creek and West Creek, located along the southern coastal areas.
Residential areas, primarily in the low to medium density classification, cover 843 acres,
or an estimated thirty-one (31) percent of the zone's land use. Vacant land situated
throughout the sub-watershed is also a significant land use factor in Zone 20, equaling
421 acres, or about fifteen (15) percent of its area. Limited commercial uses are located
along Route 25 in this zone. Recreation and open space areas account for 194 acres, or
about seven (7) percent ofthe total acreage in this zone.
. Sub-watershed Zone 30
Sub-watershed Zone 30 is centered in the hamlet of Cutchogue, and includes those areas
south of County Road 48, extending to the shoreline. For the most part, those areas along
the southern shoreline fronting on Cutchogue Harbor are included in this sub-watershed.
The zone has a land area that equals 2,830 acres, which represents almost nine (9) percent
of the Town's total area. Agriculture is also a major land use activity in this zone,
utilizing 1,026 acres, or an estimated thirty-six (36) percent of the sub-watershed's land
use. Residential development remains a significant land use in the western sub-
watershed zones of the Town, with low to moderate density housing totaling 937 acres, or
approximately thirty-three (33) percent of the land use in Zone 30. Residential areas are
situated in close proximity to the shoreline and bay areas, with agricultural lands located
to the north, in the vicinity of County Road 48. Vacant properties total 369 acres, about
thirteen (13) percent of the land use in the zone. Recreation and open space, commercial,
industrial and institutional areas each comprise less than five (5) percent of land use in
the zone.
. Sub-watershed Zone 40
Sub-watershed Zone 40 includes areas within the hamlet of Peconic south of County
Road 48, and extends from Little Creek around the southern coastal areas fronting on
Hog Neck Bay into Bayview. This sub-watershed has an area of2,946 acres and contains
about nine (9) percent of the Town's total area. The majority of its land is classified as
agricultural, covering 1,043 acres, or approximately 38 percent of the zone. Low to
medium density residential development accounts for approximately 25 percent or 956
acres of the land use within this zone. An additional eight (8) acres is dedicated to high
density residential housing. The land use pattern in the western section of Zone 40
contains a mix of residential and agricultural acreage situated from County Road 48 south
to the shoreline. Residential use is concentrated in the eastern portion of the sub-
watershed around the bay areas, particularly in Bayview. Vacant land is significant in
this zone, accounting for 553 acres, or about nineteen (19) percent of its total acreage.
Recreation and open space uses are located on 204 acres within the sub-watershed,
totaling approximately six (6) percent of the land use. As in adjacent sub-watershed
areas, the limited commercial, industrial, transportation and institutional uses that exist in
Zone 40 are generally situated along Route 25.
III_
Page 20
Town of South old
Water Supply Management & Watershed Protection Strategy
. Sub-watershed Zone 50
For the most part, Sub-watershed Zone 50 includes the areas of Southold hamlet and the
Village of Greenport south of County Road 48 to the shoreline, and extends eastward to
Truman Beach on the Orient causeway. This is the largest sub-watershed zone included
in the analysis, with an area of 6,805 acres, representing slightly over twenty-one (21)
percent of the Town's total acreage. Vacant land and agricultural uses predominate in the
northern portion of the zone, between County Road 48 and NYS Route 25. Vacant land
accounts for 1,819 acres, or about twenty-seven (27) percent of the land use in the sub-
watershed. Agricultural uses total 917 acres, representing about thirteen (13) percent of
the land use in the zone. Residential development is concentrated in the Village of
Greenport, with related residential development located along the southern coastal areas.
In terms of acreage, residential uses total 2,311 acres, or approximately thirty-four (34)
percent of the land use in this zone. Recreation and open space and transportation
activities also account for significant uses ofland in Zone 50, totaling 565 and 628 acres,
respectively. In terms of sub-watershed zone percentages, approximately eight (8)
percent is used for recreation and open space, and about nine (9) percent for
transportation purposes. These classifications are generally represented in the land use
activities associated with the Greenport Harbor area. Limited commercial and industrial
uses in this zone totaling 379 acres, or about 5.5 percent of its land use, are generally
located along NYS Route 25 or in the Village of Green port.
. Sub-watershed Zone 60
Sub-watershed Zone 60 is situated in Orient, extending from Truman Beach eastward to
the general vicinity of Platt Road, and including both the north and south shoreline areas.
This zone has an area of637 acres, representing just under two (2) percent of the Town's
total acreage. Agricultural, residential, recreation and open space and vacant land uses
are generally dispersed throughout this relatively small sub-watershed. Residential
development comprises 244 acres, or approximately thirty-eight (38) percent of the
zone's land area. Agricultural uses cover 123 acres or about nineteen (19) percent of the
total acreage in the sub-watershed. Vacant land accounts for 113 acres, or just under
eighteen (18) percent of the land area in Zone 60. With the exception ofrecreation and
open space uses, which total sixty-six (66) acres in this sub-watershed, the remaining
land uses have limited representation.
. Sub-watershed Zone 70
Sub-watershed Zone 70 encompasses the eastern most mainland section of the Town of
Southold, from the eastern boundary of Sub-watershed Zone 60 to the area near the
entrance of Long Beach State Park. The zone has a land area that equals 2,116 acres,
which represents almost seven (7) percent of the Town's total area. Agriculture is the
major land use activity in this sub-watershed, covering 848 acres, or approximately forty
(40) percent of the acreage in the zone. The agricultural areas generally lie south ofNYS
II'M
Page 21
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
Route 25, extending towards the southern shoreline. Recreation and open space and
vacant properties total 447 and 378 acres, respectively. The recreation and open space
areas are largely associated with Orient Point County Park and other shoreline areas, in
total they cover over twenty-one (21) percent of the acreage in the sub-watershed.
Vacant properties, which represent about eighteen (18) percent of the total land use in the
zone are dispersed throughout the various development zones. Residential development
accounts for a total of 319 acres, or fifteen (15) percent of the zone area, and is located
along the north and south shorelines. The transportation land use category accounts for
118 acres of the zone acreage, due mostly to the location of the ferry terminal at Orient
Point. The remaining land use classifications have a limited representation in Zone 70.
. Sub-watershed Zone 80
Sub-watershed Zone 80 is comprised of the barrier beach extending westward from
Orient Point, with Orient Point County Park and Long Beach State Park the predominate
land uses. This zone has a total land area of 1,299 acres; 1,225 or over ninety-four (94)
percent is dedicated to recreation and open space. In addition to the State Park, a bird
sanctuary located at the western end of the barrier beach is included in this total. The
remaining 74 acres are primarily comprised of vacant land (25 acres), transportation and
utility uses (24 acres) and 21 acres for residential use.
. Sub-watershed Zone 90
Sub-watershed Zone 90 is located along Hogs Neck Bay in the southern coastal area,
extending from Little Hog Neck to Nassau Point. This zone has the lowest acreage of all
the sub-watershed areas, totaling 166 acres, and representing less than one (1) percent of
the Town's total acreage. Residential uses are the predominant land use category,
comprising 108 acres, or over sixty-five (65) percent of the land use in this zone.
Residential uses border virtually the entire coastal area associated with the sub-
watershed. There is no acreage within the agricultural, commercial or industrial
classifications. Vacant land and recreation and open space areas comprise seventeen (17)
and (10) acres, respectively.
. Sub-watershed Zone 100
Sub-watershed Zone 100 generally encompasses the hamlet of Matti tuck, north of County
Road 48. This sub-watershed has an area of 4,676 acres and contains roughly 15 percent
of the Town's total acreage. The majority of its land is classified as agricultural, totaling
2,470 acres, or approximately fifty-three (53) percent of the acreage in this zone.
Residential development, mostly within the low to medium density classifications
comprises 1,141 acres, accounting for about twenty-four (24) percent of the land area of
this sub-watershed. Vacant properties also represent a significant percentage of the land
use in this zone, equaling 603 acres, or approximately thirteen (13) percent of the total
area. The remaining ten (10) percent of the land area in this zone is distributed among
the commercial, industrial, transportation and recreation and open space categories.
11M
Page 22
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
The land use pattern within this zone is varied. Agricultural uses that extend to the
northern shoreline are found on both the western and eastern boundaries of this sub-
watershed. Residential development exists in the center of the zone, extending to the
northern shoreline, separating the two agricultural areas. Limited commercial and
industrial uses are generally found along County Road 48.
. Sub-watershed Zone 11 0
Sub-watershed Zone 110 includes the areas of the Peconic and Southold hamlets north of
County Road 48, extending along the northern shoreline areas to Horton Point. This sub-
watershed has an area of 3,072 acres, comprising approximately ten (10) percent of the
Town's total area. The majority of its land is classified as agricultural, covering 1,432
acres, or over forty-six (46) percent of the land area of the sub-watershed. The
agricultural properties are predominately located along the north shore of the zone. Low
to medium density residential development accounts for 641 acres, or approximately
twenty-one (21) percent of the acreage in this zone. An additional seven (7) acres is
dedicated to high density residential housing. The residential areas are concentrated in
the Horton Point area on the north shore. In addition, the amount of vacant land is
considerable in this zone, accounting for 514 acres, or about seventeen (17) percent of its
total acreage. Recreation and open space uses are located on 124 acres within the sub-
watershed, totaling approximately six (6) percent ofthe land use. Limited concentrations
of commercial and industrial activity are found along County Road 48.
. Sub-watershed Zone 120
Sub-watershed Zone 120 is located along the northern coast of the Town, extending from
Horton Point to Rocky Point. This sub-watershed zone has an area of 1,356 acres,
representing about four (4) percent of the Town's total acreage. Residential uses
comprise the majority of the acreage in this zone, totaling 512 acres, or about thirty-eight
(38) percent of the acreage in this sub-watershed. Existing residential areas are found
along the north shore to the east ofInlet Point County Park and at Rocky Point. Vacant
land comprises 372 acres, about twenty-seven (27) percent of the total acreage in the
zone. Vacant land is found throughout the zone, generally north of NYS Route 25.
Recreation and open space are also significant land uses in this sub-watershed,
accounting for 251 acres, or about nineteen (19) percent of the zone area. Agricultural
properties are a limited land use in this sub-watershed, covering only ninety-one (91)
acres, or less than seven (7) percent of the land use in the zone.
. Sub-watershed Zone 130
The sub-watershed zone is comprised of Fisher's Island. Fisher's Island is not part of this
watershed protection strategy as it is subject to different water resource and land use
factors.
.iM
Page 23
Town of Southold
Water Supply Management & Watershed Protection Strategy
2.2.2 Demographics and Land Use Trends
The Suffolk County Planning Department (SCPD) included an analysis of demographic
and land use trends impacting the Town of Southold in its Ground Watershed Protection
and Water Supply Management Strategy - Southo/d Township 2000, dated May, 1999.
The study evaluated population and density indicators, household data, housing unit
statistics and building trends. This section is based on the information presented in the
County analysis, particularly in relation to the impact of demographic trends on future
land use activities in the Town of South old.
Demographic Trends
. Year-Round Population, Households and Housing
Since the Town of Southold has a significant second home population, particularly during
the summer months, it is necessary to consider year-round and seasonal trends in
population and housing in order to evaluate current and future demographic conditions.
The year-round population in Southold in 1998 was estimated to total, 20,710. Relative
to the Town's 1960 population of 13,295, this represents an increase of 7,415, or
approximately a fifty-six (56) percent net increase in the number of year-round residents
over a 35-year period. Based on year-round population data presented in the Suffolk
County Technical Report, the increases in population were greatest during 1960-1969 and
1970-79, as compared to growth since 1980. However, population numbers and the rate
of growth have increased slightly during the 1990s, in comparison to the prior decade.
Table 5 demonstrates the year-round population increases for the Town by decade.
TABLE 5
YEAR-RoUND POPULATION
TOWN OF SOUTHOLD - 1960-1998
Year Population NetChange from ~.Cl)ange from
Previous Decade Previous DllCadll
1960 13,295 ---- ------
1970 16,804 3,509 26.4%
1980 19,172 2,368 14.1%
1990 19,836 664 3.5%
1998 20,710 874 4.4%
Source: Southold Township 2000. Suffolk County Planning Department. May 1999.
The number of year-round households has been increasing steadily in the Town of
Southold since 1960. Table 6, demonstrates the growth in the number of households
over the period 1960-1998.
.MY
Page 24
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
TABLE 6
YEAR-RoUND HOUSEHOLDS
TOWN OF SOUTH OLD -1960-1998
Year HOllsehOlds Net CIlange from % Change from
Previous Decade Previous Decade
1960 4,384 ---- ------
1970 5,829 1,445 33.0%
1980 7,461 1,632 28.0%
1990 8,125 664 8.9%
1998 8,640 515 6.3%
Source: Southold Township 2000, Suffolk County Planning Department, May 1999,
As evidenced in the preceding table, the number of households have increased in the
Town increased from 4,384 in 1960 to 8,640 in 1998. The addition of 4,256 households
represents a ninety-seven (97) percent net increase in the number of Townwide
households from 1960 to 1998. It is important to note that, the percentage growth of
households in the Town of Southold since 1960, ninety-seven (97) percent, significantly
exceeds the Townwide population increase of fifty-six (56) percent during the same
period. The County concluded in the Southold 2000 Study that, " The growth rate in
households has exceeded the growth in total population because household sizes have
continued to decline in South old. This trend toward smaller household sizes has also
taken place both regionally and nationally. "
Although the growth in the number of households in the Town continues, the rate has
decreased since the 1980s. Future household growth will be based on the number of new
and converted housing units created within the Town, and trends with respect to
household size. Generally, it may be expected that household size will continue to
decline due to changes in the household structure, such as individuals living alone and the
growth of non-traditional living arrangements
The growth in housing units has exceeded year-round population increases in the Town
of Southold since 1960. As shown in Table 7, housing units increased to 12,979 as of
1990, from 7,972 in 1960. The construction of 5,007 new housing units represents
approximately a sixty-three (63) percent net increase during the subject 30-year period.
TABLE 7
TOTAL HOUSING UNITS
TOWN OF SOUTHOLD-1960-1990
Year 'QoI/sing Net Changefl'oUl 'Y. SItAAg~ from
Units Previous Decade PreVioI/s Decade
1960 7,972 ---- ----
1970 8,740 768 9.6%
1980 11,130 2,390 27.3%
1990 12,979 1,849 16.6%
Source: Southold Township 2000, Suffolk County Planning Department, May /999.
N'M
Page 25
Town of South old
Water Supply Management & Watershed Protection Strategy
The growth in housing units in Southold has occurred at a higher rate relative to year-
round population and household increases since 1980, largely due to second home
construction.
. Seasonal Population and Housing
Seasonal homes for vacation, recreational or occasional uses historically have had a
significant impact on the demographics of the Town of Southold, particularly during the
summer months. Table 8 provides a historical perspective with respect to the Townwide
growth of seasonal homes.
TABLE 8
SEASONAL HOMES
TOWN OF Sou'mOLD - 1970-1990
Yellr S$sllnal Net Change frllm ~. Ch~!tg~ ftQm
Hilmes Previllus l>eclIde Previllus Oecade
1970 2,674 ---- ----
1980 3,185 511 19.1%
1990 4,152 967 30.4%
Source: Southold Township 2000, Suffolk County Planning Department, May 1999.
Seasonal homes increased to 4,152 in 1990, from 2,674 in 1970. This development of
1,478 homes represents a net increase of seasonal homes estimated at over fifty-five (55)
percent during the subject twenty (20) year interval.
The Suffolk County Planning Department (SCPD) estimated seasonal population in the
Town of Southold based on available data from the 1990 U.S. Census and in-house
sources. Based on the County study, it is estimated that the population of the Town of
Southo/d more than doubles during peak seasonal times, expanding from the year-round
1990 figure of 19,836 up to 45,339 during peak seasonal times (an increase of 25,503 or
129%).
. Land Use Trends
The demographic trends in the Town of Southold related to year-round and seasonal
population and households will guide its land use activities for the foreseeable future.
The demand for new housing is expected to continue based on the following:
Year-round population increases resulting from expanding employment opportunities to
the west.
The scarcity of available residential development sites in towns to the west.
Reductions in the size of households.
The historic growth of seasonal homes and the expected continuation of this trend.
.'P&ti;
Page 26
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
The primary development trend that has occurred within the Town of Southold since the
1960's has been the growth of single family residential development on land that was
previously utilized for agriculture. Residential development pressures have historically
moved from west to east on Long Island.
Table 9 provides data on the number of housing unit permits issued within the Town of
Southold for each decade dating back to the 1960s.
TABLE 9
HOUSING UNIT PERMITS ISSUED
TOWN OF SOUTHOLD-1960-1998
J)ecade Permits Issued
1960-69 1,627
1970-79 1,915
1980-89 1,772
1990-99 1,688
Source: U.S. Census Bureau and Southold Building Dept.
The steady issuance of housing permits since 1960 in the Town of Southold has
coincided with the increase in population and households described in the preceding
analysis. Further, the establishment of more stringent land use regulations has limited
development potential in the towns to the west; and the strong economy and stock market
have contributed to the increasing development pressures within the Town of Southold.
Year-round and seasonal population growth will continue to fuel the demand for new
residential developments on available sites on a Townwide basis. New developments are
likely to occur on vacant properties, as well as land currently used for agriculture.
In summary, the expansion of the Town's housing stock is likely to be it's predominant
land use trend in the next decade. The national trend in telecommuting is evident in
Southold enabling former weekenders to work out of their second homes on a year-round
basis. In addition, as the growth in employment opportunities increases to the west and
tourism and the number of second-homes increases, the population growth and the related
demand for housing in the Town of Southold will continue to increase. In addition to
new housing development, it may be expected that new retail and commercial services
will be attracted to the Town in order to provide necessary services. The development of
facilities to house these businesses is expected to occur along the Town's transportation
and business corridors.
2.2.3 Land Available for Development
The Southold Township - 2000 study also projected future building activity on the land
available for development. The following discussion is based on the land use information
collected and presented in the County study.
II'M
Page 27
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
Methodology
Land available for development is defined as "vacant land or land that has not yet been
developed to the maximum extent as permitted by municipal zoning law." Land
available for development is categorized as follows:
. Residential
Vacant, residentially zoned, non-subdividable property
Vacant, residentially zoned, subdividable property
Residential developed, residentially zoned, subdividable property
Agriculturally used, residentially zoned, subdividable property
. Commercial
Vacant, commercially zoned property
Agriculturally used, commercially zoned property
. Industrial
Vacant, industrially zoned property
Agriculturally used, industrially zoned property
. Special Cases
Large parcels that have near-term, redevelopment potential
Undeveloped, old-filed map areas
The analysis of available land for development in the Town of Southold utilized a GIS
land database to examine property in terms of its sub-watershed zone, parcel size, and
predominant zoning designations. This detailed land use information allowed for a
projection of the number of dwelling units that could be developed on land available in
each of the thirteen (13) sub-watershed areas previously discussed in the land use
analysis. It should be noted that, the analysis included several key development
assumptions and constraints related to both planning and legal issues that will impact the
projected number of dwelling units constructed in the Town. The following statement
excerpted from the Suffolk County study summarizes the methodology applied to
determine land available for development.
"The potential number of dwelling units within the vacant, residentially zoned,
non-subdividable property category is equal to the number of tax map parcels in
the subject category. A residentially zoned tax map parcel classified as vacant,
residential~y used or agriculturally used was considered subdividable and
available for development if it was greater than or equal to twice the minimum
lot size as required by existing zoning. Agriculturally used parcels with severed
development rights owned by Suffolk County or town governmentsJarmland held
in private conservation land trusts, and subdivision reserves for agricultural use
owned by property owners associations were manually deleted from the GIS
generated list of parcels available for development. However, land in State
Agricultural Districts is considered available for development, since the
development status of such land can change. "
11M
Page 28
Town of South old
Water Supply Management & Watershed Protection Strategy
The dwelling unit yield for residentially zoned properties that were subdividable was
based on the yield per acre for each of Southold' s residential zone categories, and the
number of acres. The dwelling units per acre were further adjusted based on factors to
estimate development yields based on existing zoning, as prepared by the Long Island
Regional Planning Board, 1978 (Koppelman, 1978; Vol. II, Table 9-2, p. 309). The
projections also took into consideration the Suffolk County Department of Health
Services sanitary code, and vacant lots in partially developed subdivisions and in old filed
mapped areas. Commercially and industrially zoned land available for development were
aggregated by sub-watershed zone, however, they were not included as potential areas for
residential growth.
Results of the Land Available for Development Analvsis
The study concluded that over 15,000 acres, or forty-seven (47) percent of Town of
Southold's estimated 32,250 acres of mainland upland acreage, is potentially
developable. Residential and agriculturally zoned land accounts for about 97 percent of
the land available for development, the remaining properties fall within commercial or
industrial designations. The analysis found a total of 14,537.8 acres of residentially
zoned land available for development in the Town of Southold. These residentially
zoned areas could potentially yield 8,324 new dwelling units in the Town. The
magnitude of this increase is significant. In 1990, just 10 years ago, the Town had a total
number of dwelling units of 21,279. Therefore, the land available for development has
the potential to increase the number of housing units by approximately sixty-four (64)
percent, relative to 1990. Development of commercially and industrially zoned land
available for development would result in a thirty-one (31) percent and a 231 percent
increase respectively.
With respect to watershed protection, the potential for residential development in the
various defined sub-watershed zones must be examined. The sub-watershed zones that
are of critical importance are those that are associated with the groundwater recharge
areas, and the Southold Special Groundwater Protection Areas (SGPA's) presented
previously in Section 2.1.7. These two areas are highly interrelated, with the SGPA's
lying within the boundaries of the groundwater recharge areas. (Please refer to
Appendix A; Figure A-8 which depicts the boundaries of both environmentally sensitive
groundwater areas superimposed on the sub-watershed zones map.)
The following sections discuss land available for development within each sub-watershed
zone, with consideration of the significance related to the SGP A and groundwater
recharge areas.
. Sub-watershed Zone 0
The analysis determined that due to existing development and institutional uses, this sub-
watershed, comprised of Robins Island and Plum Island, does not have any acreage
available for development.
RIMY
Page 29
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
. Sub-watershed Zone 10
This watershed zone centered on the western boundary of the Town in Laurel, has
1,209.6 acres, or approximately fifty-two (52) percent of its total acreage available for
development. This represents about eight (8) percent of the land available for
development in the Town of Southold. Of the total acres available for development in
this sub-watershed, 1,115.7, or about ninety-two (92) percent are zoned for residential
development. It is projected that if developed, the available residentially zoned acres
would generate 534 new dwelling units. Of the total 1,115.7 available residential acres,
698.9, or about sixty-three (63) percent is on agricultural property currently zoned for
residential use. Although Sub-watershed Zone 10 contains a significant portion of the
Town's land available for development, the zone lies outside the Southold SGPA, but
does contain a large portion of the Central Suffolk SPGA Northeast Sector.
. Sub-watershed Zone 20
Zone 20 has a total of 1,531.8 acres, or approximately fifty-six (56) percent of its land
available for development. This totals roughly ten (10) percent of the land available for
development in the Town of Southold. The majority of the available land in this sub-
watershed (1,520.9 acres) is zoned for residential use. This acreage could potentially
generate 751 building lots for housing. It is also important to note that, 812.1 acres, or
about fifty-three (53) percent of the available residentially zoned land is currently used
for agricultural purposes.
The Mattituck sub-watershed is key in terms of ground water resources due to the fact
that a significant portion of its northeastern section lies within the elongated groundwater
recharge area. A review ofthe land use pattern in this sub-watershed reveals that existing
residential development is concentrated along the zone's coastal areas. The majority of
its available land for development located in the northeastern section. Therefore, there is
significant potential for development in the groundwater sensitive areas of this sub-
watershed zone.
. Sub-watershed Zone 30
Sub-watershed Zone 30 has 1,234.2 acres, or about forty-four (44) percent of its total
acreage available for development. With respect to the entire Town, this represents
approximately eight (8) percent of the available land for development. Of its total
available land, 1,215.1 acres (98 percent) is zoned for residential use, which, if
developed, would yield 783 residential lots. Agricultural properties comprise 686.1
acres, or an estimated fifty-six (56) percent of the total available residentially zoned
properties in this sub-watershed.
This sub-watershed is similar to Zone 20 in terms of its potential impact on the
groundwater recharge area. Existing residential development in Cutchogue is located
primarily along the southern shoreline on the Peconic Estuary. The northern half of Zone
30 lies within the critical groundwater flow system, as does the majority of its acreage
available for future development.
11M
Page 30
Town of South old
Water Supply Management & Watershed Protection Strategy
. Sub-watershed Zone 40
Sub-watershed Zone 40 contains 1,548.5 acres available for development, about fifty-
three (53) percent of the total acreage of the zone. This figure represents approximately
ten (10) percent of the total acreage available for development in the Town of Southold.
Of its total available land, 1,547.9 acres over ninety-nine (99) percent is zoned for
residential use, which if developed, would yield 846 lots for dwelling units. Agricultural
properties comprise 711.9 acres, or approximately forty-six (46) percent of the total
available residentially zoned properties in this sub-watershed.
This sub-watershed also is of considerable significance with respect to the protection of
future groundwater resources in the Town of Southold. As in the cases of Zone 20 and
Zone 30, the majority of the developed area of Zone 40 lies along the southern coastal
areas ofPeconic and Bayview. The northern half of Zone 40, along with the majority of
its land available for development, lie within the SGP A and the elongated groundwater
flow system.
. Sub-watershed Zone 50
Sub-watershed Zone 50 contains 2,747 acres available for development, roughly forty
(40) percent of the sub-watershed's total acreage. The available land for development in
Zone 50 is equal to approximately eighteen (18) percent of the Town of Southold's total
developable acreage. Of the land available for development in this zone, 2,557.3 acres,
(over 93 percent) is zoned for residential use, which if developed, would yield 1,907
residential lots. Agricultural properties comprise 613.9 acres, about twenty-four (24)
percent of the total available residentially zoned properties in this sub-watershed.
A small portion of the eastern boundary of the two critical groundwater areas lie within
the western section of Sub-watershed Zone 50. The majority of the acreage that lies
within important recharge areas, is land that is available for development.
. Sub-watershed Zone 60
This eastern sub-watershed has 290.9 available acres for development, about forty-six
(46) percent of the acreage in the zone. The available acres in Zone 60 represent
approximately two (2) percent of the total land available for development in the Town.
Of the total acres available for development in this sub-watershed, 289.8, or over ninety-
nine (99) percent are zoned for residential development. It is projected that if developed,
the available residentially zoned acres would produce 151 building lots. Of the 289.8
available residential acres, 698.9, or about sixty-three (63) percent are currently located
on agricultural properties zoned for residential use. Sub-watershed Zone 60 contains a
limited amount of the Town's land available for development, further, the zone lies
outside the Town's two critical groundwater sensitive areas.
.'PaIr
Page 31
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
. Sub-watershed Zone 70
Sub-watershed Zone 70 has 898.8 developable acres, about forty-two (42) percent of the
total land available for development. The available acreage for development in this zone
accounts for approximately six (6) percent of the Townwide total. Of the total acres
available for development, 897.3, (over 99 percent) are zoned for residential
development. It is projected that if developed, the available residentially zoned acres
would generate 412 dwelling units. Of the 897.3 available residential acres, 433.6, (about
48 percent) are currently located on agricultural properties zoned for residential use.
Zone 60 lies outside the Town's two sensitive groundwater areas, limiting the impact of
future development to more localized shallow flow groundwater systems.
. Sub-watershed Zone 80
Sub-watershed Zone 80 has only 24.7 acres of its total 1,299 acres available for
development representing about two (2) percent of the available land, and less than 0.2
percent of the Townwide developable acreage. Of the total acres available for
development, one-hundred (100) percent are zoned for residential development. It is
projected that if developed, the available residentially zoned acres in Zone 80 would
generate 17 residential lots. There are no agricultural properties within this sub-
watershed. Zone 80 lies outside the Town's two sensitive groundwater areas, limiting the
impact of future development.
. Sub-watershed Zone 90
Zone 90 has just 32.9 acres of land available for development, representing about twenty
(20) percent of its total acreage. These available acres amount to less than one (I)
percent of the total land remaining in the Town of Southold for development. All of the
available property is zoned for residential use, and if developed, would generate 26
building lots. Neither of the two groundwater sensitive areas lie within this sub-
watershed.
. Sub-watershed Zone 100
Zone 100 has 2,839.8 acres ofland available for development, representing almost sixty-
one (61) percent of the acreage in the sub-watershed. The total developable acres in this
zone represent nineteen (19) percent of the Townwide available acreage. Of its total
available land, 2,807.1 acres (about 99 percent) is zoned for residential use, which if
developed, would yield 839 residential lots. Agricultural properties comprise 1,129.3
acres of the available residentially zoned acres, or an estimated forty (40) percent of the
total acres within this zoning category. This zone has the potential to yield a large
number of building permits, given the pattern of land available for development and the
existing developed areas in and around Mattituck Inlet in the central part of this zone. A
large area in the southeastern section of Zone 100 lies within both the Southold SGPA
and the groundwater recharge area. In addition, a portion of Zone 100 also lies within the
Central Suffolk SGPA Northeast Sector.
N~
Page 32
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
. Sub-watershed Zone 110
Sub-watershed Zone contains 1,935.3 acres available for development, representing about
sixty-three (63) percent of the total land area of the zone. This acreage amounts to
approximately thirteen (13) percent of the total land available for development in the
Town of Southold. Of its total available land, 1,780.4 acres or about ninety-two (92)
percent is zoned Jor residential use, which if developed, would yield 839 building lots.
Agricultural properties comprise 1,129.3 acres, or approximately sixty-three (63) percent
of the total available residentially zoned properties in this sub-watershed. This sub-
watershed is of considerable importance with respect to the protection of future
groundwater resources in the Town, as a significant portion of the Southold SGP A and
the groundwater recharge area lie within the southern portion of Zone 110. Further, the
section of this sub-watershed area lying within the environmentally sensitive groundwater
areas is largely undeveloped.
. Sub-watershed Zone 120
Sub-watershed 120 contains 759.8 available acres for development, which represents
approximately fifty-six (56) percent of its total land area. The available acreage in the
zone is equal to approximately five (5) percent of the total land available for development
in the Town. Of its total available land, 748.7 acres or over ninety-nine (99) percent is
zoned for residential use, which if developed, would yield 801 lots for dwelling units.
Agricultural properties comprise 71.5 acres, or approximately ten (10) percent ofthe total
available residentially zoned properties in this sub-watershed. Neither of the two
sensitive groundwater areas discussed in this analysis extend into Zone 120.
. Sub-watershed Zone 130
The sub-watershed zone is comprised of Fisher's Island. As previously noted, Fisher's
Island is not part of this watershed protection strategy as it is subject to different water
resource and land use factors.
Several conclusions can be reached in review of the results of the land available for
development analysis.
1. There is a considerable amount of land available in the Town of Southold which has
growth potential.
2. Agricultural land represents a large portion of these developable lands, and the bulk of
this land lies within areas that have been identified as important groundwater recharge
and water supply areas.
3. Factoring in water supply information presented in Section 2.1, it is concluded that most
of the more developed sub-watershed zones will require public water to support existing
use, a condition which will become even more critical as growth and infilling occurs.
4. It is expected that public water will have to be supplied through controlled withdrawal in
areas capable of sustaining pumpage.
NM
Page 33
Town of South old
Water Supply Management & Watershed Protection Strategy
3.0 SYNOPSIS OF STUDIES FORMING PROTECTION POLICIES
A number of studies have contributed to the current environmental planning body of knowledge
that is implemented through land use review and ongoing planning initiatives at all levels of
government. This section is intended to document long-standing and recent studies/plans that
have shaped watershed protection policy at the local and regional levels.
3.1 AREAWIDE WASTE TREATMENT MANAGEMENT (208 STUDY)
In 1978, the Long Island Regional Planning Board in conjunction with other agencies, prepared a
plan for wastewater handling and water resource management on Long Island under a program
funded by Section 208 of the 1972 Federal Water Pollution Control Act Amendments. The
purpose of the 208 Study was to investigate waste disposal options and best practice for ground
and surface water protection. The study delineated Hydrogeologic Zones for the formulation of
management plans based on groundwater flow patterns and quality (Koppelman, 1978). The
North Fork region was identified as lying within Groundwater Management Zone IV, a shallow
flow area underlain and surrounded by saline water and having local water quality problems.
Most of the groundwater impacts identified were associated with agriculture, but many
residential areas were found to contain good quality water. In the hamlet of Greenport some salt
water upconing had been observed as a result of overpumping for water supply.
The 208 Study recommends that development in this zone utilize public sewers if available, or
provide for wastewater collection/treatment where the wastewater generation rate is 600 gallons
per day per acre (gpdlac) or more. In addition, the 208 Study recommends the following:
1) that stormwater runoff be controlled on-site by preventing sediments, nutrients, metals,
organic chemicals and bacteria from reaching surface and, eventually, ground waters;
2) that on-site disposal systems should be maintained properly;
3) optimize the timing of fertilizer application, to reduce nitrate contamination from
agriculture;
4) minimize population density by encouraging large lot development and protect additional
protection for existing wetland and marsh areas;
5) control establishment of new landfills and the expansion of existing ones;
6) reduce excessive use of irrigation water to minimize saltwater intrusion;
7) optimize pumping patterns to minimize saltwater upconing; and
8) prohibit use of certain chemical cleaners in on-lot systems.
Suffolk County Department of Health Services established Article 6 of the Suffolk County
Sanitary Code in 1981, to implement the density restrictions recommended in the 208 Study. As
noted in Section 3.2, Southold is identified as Zone 4, and density is limited to 300 gallons per
day per acre in areas with no public water, allowed to be increased to 600 gpdlacre in areas with
public water supply. The purpose of this section of the Suffolk County Sanitary Code is to limit
nitrogen loading from sewage disposal for best groundwater management practice.
.'MY
Page 34
Town of South old
Water Supply Management & Watershed Protection Strategy
3.2 SPECIAL GROUNDWATER PROTECTION AREA (SGPA PLAN)
The SGP A Plan makes several recommendations for watershed management to preserve and
enhance groundwater quality within the SGPA's. A "Special Groundwater Protection Area" is
defined in the NY Environmental Conservation Law (ECL) as:
"A recharge watershed area within a designated sole source aquifer area contained
within counties having a population of one million or more which is particularly
important for the maintenance of large volumes of high quality groundwater for long
periods of time. For the purposes of this article, each "special groundwater protection
area" shall be classified as a critical area of environmental concern as used under article
eight of this chapter (Section 55-0107 EeL Article 55)."
Southold Town included a defined Special Groundwater Protection Area, consisting of a 2,900+
acre corridor extending from the east side of Mattituck Inlet to the area in the vicinity of Route
48 and the Long Island Railroad. In addition, a small area of the Northeast Sector of the Central
Suffolk SGPA is located in the area west of Mattituck Creek in the vicinity of Laurel Lake. The
SGP A Plan makes specific recommendations for development within each SGP A, as well as
general recommendations which are applicable to all of the identified SGP As. The following
text will briefly discuss these recommendations.
General Recommendations
Chapter 2 of the SGP A Plan provides general recommendations that pertain to all Special
Groundwater Protection Areas on Long Island. The chapter provides a regional overview of
groundwater resources on Long Island and discusses opportunities for protection and
enhancement of groundwater quality. The plan then outlines general policy considerations,
watershed rules and regulations, and best management practices (BMP). The primary focus of
the plan is the use of existing local land use regulations and sanitary codes to manage
development, and to reduce residential development density to a level which is environmentally
acceptable.
Protection of open space through clustering, rezoning and outright acquisition is also identified
as an important means of protecting the quality of groundwater recharge. The plan also
discusses the use of existing regulations to control the discharge of hazardous materials from
industrial and commercial development.
The Policy Considerations section of the chapter sets a goal of non-degradation of the aquifer,
recognizing that some tradeoffs will be necessary based on economics or other social
considerations. The plan also discusses the regulation of sewage treatment plants within the
SGP A, best management practices for limiting fertilizer and pesticide use in landscaped areas,
and preservation of open space and other land use considerations. A primary groundwater
concern associated with development on Long Island is nitrogen loading due to on-site disposal
of sanitary waste effluent and lawn fertilization. Best management practices (BMP's) discussed
within the chapter for residential lands include limitations on clearing, fertilization, irrigation and
the reduction in the overall use oflandscaped areas.
II'JI&W
Page35
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
The open space section of the chapter discusses acquisition and other methods for preservation of
open space within the SGPAs. As acquisition of the entire SGPA areas is clearly impractical, the
plan suggests that limitation of residential densities to five acre zoning and clustering be utilized
to protect remaining large, undeveloped parcels. Five acre zoning is presented as a goal within
the plan; however, it was recognized that the individual Towns and villages have final
jurisdiction over residential densities. The plan recommends that multifamily and condominium
development be limited, and if social need warrants such construction, sewer hookup should be
provided. In areas which are already developed at higher densities the plan suggests that further
development be allowed, with upzoning of un subdivided lots where possible.
Specific Recommendations
Chapter 3 of the SGP A Plan inventories the characteristics of each individual Special
Groundwater Protection Area and provides recommendations based on issues, problems and
opportunities which are specific to each SGPA. To protect groundwater in these areas the SGPA
Plan offers several recommendation for the Southold SGP A to mitigate the impacts of existing
and future development including:
. The Town of Southold and Suffolk County should continue to purchase farmland
development rights and encourage programs to protect farmlands.
. Support should be given to the Cornell Cooperative Extensions efforts to introduce and
secure adoption of best management practices for agriculture.
. Farmland should be upzoned to require five acre minimum lot size but should provide for the
transfer of development rights to sites outside the SGP A at the currently prevailing two acre
density .
. The transfer of development rights in nearby hamlets or along the Long Island Sound
shorefront where acreage is still available should be permitted to offset very low density
zoning. Suffolk County should utilize funds from the sales tax program to acquire wooded
watershed lands within the Southold SGPA.
Several recommendations are provided in the section of the plan dealing with the Central Suffolk
SGP A Northeast Sector. Those recommendations that pertain to the Southold portion of this
SGP A are listed as follows:
. Suffolk County, together with the Towns of Riverhead and Southold should expand the
existing agricultural preserve. The County should continue to acquire development rights
under its Farmland Preservation Program.
. The County and the Town of Southold should use a combination of selective acquisition,
TD.R. and mandatory clustering to assemble and protect a 200+ acre watershed preserve in
the vicinity of Laurel Lake. Such a preserve would comprise both woodlands and portions of
farm parcels.
. The Town of Southold should facilitate the phase out of the former mining operation and of
the small industrial use on Sound A venue. Both properties should be converted to residential
use and further industrial development should not be permitted in this part of the SGP A.
~CM
,,~j'
Page 36
Town of South old
Water Supply Management & Watershed Protection Strategy
. The Towns of Riverhead and Southold should review their zoning ordinances and amend
them as necessary to preclude the expansion of commercial activities beyond the limits of
those SGP A areas where such activities currently exist.
3.3 PECONIC ESTUARY PROGRAM (PEP)
The Peconic Estuary Program is funded in part by the US Environmental Protection Agency with
assistance from the NYSDEC and the SCDHS. The primary agency has been the SCDHS Office
of Ecology, contributing administration, staff, technical and mapping skills to the advancement
of the program. The Peconic Estuary lies between the north and south forks of Long Island, and
is a water resource important for economic vitality of the east end for its beauty and natural
resources. The Estuary has been studied through a series of reports under the PEP, and policy
guidelines have emerged that are incorporated into land use review to protect this valuable
resource. This includes: a no net increase in nitrogen load, review of projects by the Suffolk
County Planning Commission, prior recommendations for 2-acre residential upzonings and other
water quality preservation measures.
In September 1999, the draft section of the program titled "Comprehensive Conservation and
Management Plan was released. The Plan builds on prior findings and establishes management
actions in the following areas:
. Brown Tide Management Plan
. Nutrients Management Plan
. Habitat and Living Resources Management Plan
. Pathogens Management Plan
. Toxics Management Plan
. Public Education and Outreach Management Plan
The plan is solidly based on scientific principles and proposes to continue to reach management
decisions based on the science of protecting the Peconic Estuary through comprehensive site-
specific studies.
New standards are recommended for surface water quality with regard to total nitrogen of 0.45
mg/l and 0.4 mg/l for areas with less 3 meters of water depth. This standard is slightly more
stringent that a previously adopted NYSDEC total nitrogen limit of 0.5 mg/1. This is intended to
meet help meet a dissolved oxygen standard of 5 mg/1. A hierarchy approach to management is
being proposed by applying different management techniques to different water bodies based on
water quality objectives and water quality standards violations.
The Comprehensive Conservation and Management Plan proposes to use a Hydrodynamic and
Eutrophication Model as a tool to evaluate water quality in the main bays This in turn would be
used to simulate water quality based on land use projections, in order to provide a management
tool for planning decisions. The primary result of this would be to develop a nitrogen load
allocation strategy for the entire watershed. This could have implications with regard to
agricultural practice, and land use density.
.'M
Page 37
Town of Southold
Water Supply Management & Watershed Protection Strategy
The Comprehensive Conservation and Management Plan is part of a continuing a scientific study
which will ultimately assist with land use recommendations. The need to protect the Peconic
Estuary has implications with regard to tourism, economic vitality and land ownership. Overall
the goal of protecting and enhancing the Peconic Estuary is critical to the long term economic
and social well-being of the east end.
3.4 SUFFOLK COUNTY COMPREHENSIVE WATER RESOURCE MANAGEMENT PLAN
In January of 1987 the Suffolk County Department of Health Services (SCDHS), Division of
Environmental Health prepared the Suffolk County Comprehensive Water Resource
Management Plan (WRMP) to ensure an adequate and safe water supply for Suffolk County
residents through and beyond the year 2020. The goal of the plan was to maintain water supply
self-sufficiency within seven Water Management Areas which included the Riverhead ISouthold
area and several County-wide insular areas which partially consist of Nassau Point (Little Hogs
Neck), Great Hogs Neck and Greenport. The portion of the plan which discusses the North Fork
was derived from the North Fork Water Supply Plan (NFWSP) prepared for the SCDHS in 1983.
Therefore, the North Fork Water Supply Plan is reviewed in the next section as related to the
Town of South old Water Supply Management & Watershed Protection Strategy.
3.5 NORTH FORK WATER SUPPLY PLAN
The North Fork Water Supply Plan (NFWSP) was prepared in 1983 by ERM consultants under
contract to the Suffolk County Department of Health Services. The objective of the NFWSP was
to develop and evaluate several alternative water supply plans which could safely meet present
and future potable water requirements and recommend a future course of action. The need for
this study was driven by the water supply problems facing the RiverheadlSouthold area which
were determined to have resulted from a relatively limited freshwater supply, partially
contaminated due to agricultural practices (primarily pesticides and nitrates) and threatened by
saltwater intrusion due to regional over-pumping of supply and irrigation wells. In addition, it
was recognized that further demand due to increasing pressures of development would further
stress this limited resource.
The total area encompassed by the plan included the towns of Riverhead and Southold; it was
recognizes that hydrogeologic conditions vary significantly throughout the area. As a result five
water supply zones were established for the planning purposes of the NFWSP and presented
below:
Zone I
Begins at the western Town boundary of Riverhead and extends easterly to the Hamlet
of Riverhead. The Magothy aquifer in this zone contains sigoificant freshwater.
Zone 2
Begins at the Hamlet of Riverhead and to the Mattituck Inlet to the east. In this zone
the presence of saltwater increases with the Magothy aquifer as one progresses to the
east until the freshwater lens terminates at the Mattituck Inlet.
Zone 3
Extends from the Mattituck Inlet to Hashamomuck Pond.
~!::1IW
".-0.'8'
Page 38
Town of South old
Water Supply Management & Watershed Protection Strategy
Zone 4 Extends from Hashamomuck Pond to Dam Pond
Zone 5 Extends from Dam Pond and continues through Orient Point.
Zones 3 through 5 were all defined by three isolated fresh groundwater lenses. The NFWSP
drew several conclusions regarding the groundwater quantity and quality, water supply
alternatives and implementation of the alternatives.
With regard to the groundwater quantity it was determined that there was sufficient fresh
groundwater available to satisfy the needs of the overall planning area; however, critical water
supply conditions were found to exist in Zone 5 where the projected water supply requirements
[0.4 million gallons per day (mg/d)] were nearly equal to the available supply (0.46 mg/d). Also
groundwater supply conditions in Zone 4 were also considered critical although some extra
available supply was noted (0.9 mg/d available versus 0.63 mg/d required.
Groundwater contamination was found to be extensive and it was predicted that this would
remain so for many years. Alternative water supply solutions were recommended to proceed
immediately and were proposed to consider that the limited volume of fresh water would be
further reduced due to contamination related to agricultural processes. As alternatives, the study
found that a combination of residential public water systems and individual home treatment units
would be essential. In addition, some form of direct governmental involvement would be
required for implementation ofthese alternatives.
The NFWSP concluded that the Town of Southold could best implement the recommendations
of the study through the following actions:
. Forming town Water Management Programs, as administrative functions, to coordinate all
water supply activities in the respective towns.
. Forming Water Supply Districts or extending existing districts boundaries to purchase, own
and operate private water companies or to construct new public water systems.
. Forming Home treatment Unit Districts (covering all or portions of the town area not served
by public water) and owning and maintaining the home units.
In addition to these conclusions the NFWSP offered several general and area-specific
recommendations to meet the studies objectives. The General Recommendations as they apply
to the Town of South old are provided below:
. Implementation of preventative measures to minimize or eliminate additional groundwater
contamination.
. Provide a safe, dependable water supply to the North Fork through the temporary use of
individual home treatment units and public water supply systems. However, home treatment
should not be relied upon as a long term remedy. Measures should be undertaken to
remediate the underlying aquifers.
N~
Page 39
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
. Administratively, the Town of Southold should establish Water Management, Water Supply
districts and/or water improvements encompassing parts of or entire area within Southold.
. Utilize the technical and administrative water supply experience of the Village of Greenport.
Within Southold, the Town should establish its own water supply staff, contract with
Greenport for personnel services beyond those currently provided by the Village, or employ a
combination of Town staff and Village services.
. Town Water Management Programs should include home treatment as part of their overall
responsibilities as Home Treatment Unit Districts. To ensure safety and reliability, the town
Home Treatment Unit Districts should own, operate and maintain the home treatment units.
. In areas of existing development where groundwater is contaminated, the Water Management
Programs should provide public water systems, if economically feasible, through Water
Districts. If not, home treatment units should be publicized and recommended
. Proposed new subdivisions in areas of groundwater contamination or potential contamination
must be connected to existing public water supply systems. If these are not available, then
new public supplies are to be constructed and deeded to a town Water District.
. If an existing home is sold in an area of suspected groundwater contamination the appropriate
regulatory agency should sample and test the home well with the results attached to the deed.
If water quality is not adequate as per the standards the current or new homeowner should be
required to make provision through the Water Management Program to provide a safe supply
of water prior to sale of the home.
. The placement of vending machines, if accepted by the public which purify local
groundwater and sell it at nominal cost by the Water Management Programs throughout the
area as an interim measure until other recommendations of the NFWSP are implemented
The following presents the area-specific recommendations outlined in the NFWSP as they apply
to the Town of Southold:
. MattitucklCutchogue - The Town of Southold should acquire and operate the existing water
system in Mattituck Hills (Captain Kidd); measures should be taken immediately to upgrade
the performance and reliability of the system and to augment its source of supply. In the
remainder of the MattitucklCutchogue demand center (including Cutchogue, Mattituck, Little
Hog Neck, East Cutchogue, Fleets Neck, New Suffolk and Indian Neck) it is not
economically feasible to provide public water supply systems. These areas should continue
to utilize individual home wells; when treatment is required, it should be provided through
the Home Treatment Unit District.
. Southold/Greenport - The Greenport Municipal System, which presently serves Greenport
and parts of Southold, should continue to rely on local groundwater sources. However, major
improvements to the system are required. An agricultural well on County Route 48 (on the
Donohue Farm) should be upgraded (450-gpm total capacity) and used for public water
supply. A 2.2-mgd reverse osmosis treatment plant should be constructed in stages to treat
the water from the Donohue Well and existing plants no. 6 and 7 used for removal of nitrates,
pesticides and herbicides.
.'iM
Page 40
Town of South old
Water Supply Management & Watershed Protection Strategy
After implementing the improvements, the Greenport system should actively attempt to
further expand into other areas adjacent to the existing system. Such expansion should not be
permitted, however, until the recommended modifications have been completed.
The activities of any Town Water Districts should not impact the existing customers of the
Greenport system who are located in the Town; their charges should only reflect the costs of
operating the present Greenport system after it is upgraded.
In the remainder of the Greenport/Southold area, including Great Hog Neck and East Marion,
it is not economically feasible to provide public water supply systems. These areas should
continue to be served by individual home wells, with treatment as required, provided through
a Home Treatment Unit District.
. Orient - The Orient area, with its relatively low density of development, cannot economically
support public water supply. Existing development should continue to be served by
individual home wells with treatment as required. The available fresh water supply is limited
and future development should be tightly controlled and result in water requirements
consistent with the permissive sustained yield of the aquifer in Zone 5. It is further
recommended that only variances resulting in less water usage be approved. If future
development is more water-use intensive, the permissive sustained yield in the area will be
exceeded and other more costly solutions will be needed.
. Neighborhood Systems - Public water systems for existing isolated neighborhoods in areas of
groundwater contamination are generally not economically feasible. Therefore, it is
recommended to continue to serve these areas by individual home wells, with required
treatment provided through a Home Treatment Unit District.
. Regional Pipeline System - The development of a major supply of uncontaminated
groundwater in eastern Riverhead and piping it via a major transmission main to the eastern
portions of the study area was a major alternative considered in the study. It is not
recommended for the following reasons:
(a) The pipeline would encourage levels of development which appear to be inconsistent
with the current life style of the people and the general character of the area.
(b) The construction of such a pipeline would require the early commitment of major
financial resources and resolution of numerous institutional issues. Both types of
problems would require a great deal of time for resolution; the water supply problems of
the North Fork cannot tolerate significant delays.
(c) The pipeline alternative is economically competitive with treating local sources of
groundwater in Mattituck, Cutchogue, Greenport and Southold onlv if an uncontaminated
supply can be found in the Magothy aquifer, below the clay layer and above the saltwater
interface in eastern Riverhead. Preliminary data indicates such a supply exists, but its
extent and yield needs to be verified with pump test information. To move further west
in Riverhead into the Peconic Valley, where clean groundwater is known to exist in
sufficient quantity, is not economically competitive with treating local sources of supply.
. The cost estimates presented in the report for home treatment units should only be incurred
by those homes requiring home treatment units. If a home's well tapped a clean supply, that
home would not pay for any treatment costs. However, in the case of community-type water
1IP6W
Page 41
Town of South old
Water Supply Management & Watershed Protection Strategy
systems, all homes would have to pay for the water service, regardless ofthe quality or safety
of the local groundwater.
Numerous technical and financial problems associated with providing water supply to
contaminated areas of the North Fork were identified by the NFWSP and the report suggested
that preventive measures must be undertaken in conjunction with several of the
recommendations presented above. These measures would eliminate or minimize additional
contamination. The following preventive measures were recommended by the NFWSP as they
apply to the Town of South old:
. Expand the SCDHS observation well network and home well sampling program.
. Support the Cooperative Extension Service, Cornell University and U.S. Department of
Agriculture (USDA) research and education programs directed to the homeowner and farmer
relative to usage, dosages and timing of application of herbicides, pesticides and fertilizers.
. Support the testing of agricultural chemicals by State or Federal agencies in the local
environment as a precondition to use by the farm community.
. Prohibit or control the sale or use of products and chemicals which threaten the groundwater
resources.
. Control industrial, commercial and residential activities which impact negatively on
groundwater quality.
. Incorporate detailed water quantity and quality considerations into rezoning and variance
decisions because of the critical water supply problems which exist in most of the study area.
If rezoning and variance decisions result in more intensive water usage than is currently
anticipated, costly water supply treatment systems (desalinization, for example) may be
required.
. Encourage water conservation through public information programs and require water-saving
fixtures in new home construction.
. Continue public information and education programs to emphasize the fragile nature of the
area's water supply and to foster cooperation in the solutions to those problems.
Many of these programs have been implemented by jurisdictions since the completion of the
NFWSP; however, there are a number of opportunities which exist to further implement the
recommendations of this study which remain valid. Understanding of the background studies
that have shaped the policy of agencies toward water supply management is important to
formulate further recommendations consistent with prior comprehensive planning efforts.
3.6 COMMUNITY PRESERVATION PROJECT PLAN 1998-2001
The Town of Southold Community Preservation Project Plan (CPPP) was prepared in July of
1998 as ajoint effort, involving the Town of South old's Planning Department, Land Preservation
Committee and Central Data Processing Department, and the Peconic Land Trust. The CPPP
was prepared in response to the enactment of the Peconic Bay Region Community Preservation
:>,ii" i
1IP6W
Page 42
Town of South old
Water Supply Management & Watershed Protection Strategy
Act (PBRCPA) in June of 1998, which authorized the creation of a fund for land acquisition
financed by revenues generated by a newly established real estate transfer tax. The legislation
required the preparation of the CPPP to guide the acquisition of properties with funds generated
by the real estate transfer tax.
The Peconic Bay Region Community Preservation Act of 1998 required that the CPPP provide
for preservation and protection of land based on the following characteristics and attributes:
. Open space and agricultural lands
. Parks, nature preserves, recreation areas
. Lands of exceptional scenic value
. Fresh and salt water marshes, wetlands
. Aquifer recharge areas
. Undeveloped beachlands or shorelines
. Wildlife refuges with significant biological diversity
. Unique or threatened ecological areas
. Natural, free flowing rivers or river areas
. Historic places and properties, whether listed on the New York State Register of Historic
Places or protected by municipal law
. Any of the aforementioned types in the furtherance of the greenbelt
The contents of the CPPP document are based on the legislative requirements contained in the
Preservation Act of 1998. The plan document presents the methodology utilized by the Town to
develop the listing of properties eligible for participating in the program and the factors that were
used to prioritize properties for either preservation or protection. The CPPP also provides a
descriptive analysis of the alternative mechanisms that the Town has implemented, or may use in
the future, to protect or preserve specific properties in cooperation with their owners. In
addition, the CPPP includes a map and companion listing of eligible parcels that should be
preserved or protected through the use of Preservation Act funds.
Planning Framework
The planning process involved Town personnel, advisory committees and members of various
civic, environmental, business and community organizations. The Town's Planning staff
developed the initial listing of eligible properties, in cooperation with the Data Processing
Department, utilizing its Geographic Information System (GIS). This preliminary listing was
reviewed by the involved parties for both accuracy, and to recommend the inclusion of additional
properties, or the deletion of certain parcels. Further, throughout the planning process an effort
was made to take into account the recommendations of previously completed Town of Southold
planning studies with regard to land preservation. As a result, the CPPP Map and List of Eligible
Properties reflected the views of prior Town documents with respect to the protection and
preservation of land based on their ecological, historical, scenic, cultural, recreational or
economic value.
It should also be noted that, the Town planning process incorporated the information and policy
recommendations offered in the extensive number of planning documents and studies prepared
by federal, state, local, grassroots and foundation-funded groups in past years. The CPPP also
N'N
Page 43
Town of South old
Water Supply Management & Watershed Protection Strategy
reviewed the past successes in protecting agricultural properties via the purchase of development
rights programs operated by the Town of South old and Suffolk County.
Preservation /Protection Strategv
The CPPP chose a flexible approach in determining the mechanisms that should be employed to
preserve each of the properties included on the Map and List of Eligible Properties. Basically, a
parcel that reflects multiple characteristics and attributes, as defined in the Preservation Act of
1998, and faces an imminent development threat, will receive the highest priority for acquisition
and preservation. The Community Preservation Fund Advisory Board (Fund Advisory Board) is
identified as the organization responsible for implementing the CPPP. In order to leverage the
limited funds available for land acquisition, the plan recommends that the Fund Advisory Board
utilize the Town's established Conservation Opportunities Process (COP) as a primary method to
preserve and protect land.
The Conservation Opportunities Process defines the particular attributes of a subject parcel that
should be protected, and offers a range of options that best preserve and protect the property, and
satisfy estate planning needs. This voluntary process may includes CPPP funds for acquisition,
purchase of development rights, conservation easements, land use controls limiting site
development and numerous other legal alternatives involving land trusts and foundations.
3.7 LOCAL WATERFRONT REVITALIZATION PROGRAM DECEMBER 1999
The Draft Local Waterfront Revitalization Program (LWRP) dated December 1999 was prepared
by the Town of Southold Planning Department, with technical assistance from the New York
State Department of State, Division of Coastal Resources. The L WRP provides planning and
environmental information and data that may be utilized to formulate development strategies to
encourage and protect the waterfront areas of the Town of Southold. Essentially, due to the
geographic features of the Town, as defined by its extensive coastal areas and inland wetlands,
the entire municipal area of the Town of Southold is included within the analysis. The Draft
L WRP provides an extremely detailed inventory and analysis of the land use and development,
public access and recreation, natural resources, historic resources, archaeological resources,
scenic resources and development constraints in the Town of Southold. The document also
provides land use and environmental information based on ten (10) geographic areas in Town,
identified as reaches, to assist in the development of localized waterfront protection strategies.
With respect to watershed protection, the L WRP presents detailed environmental data and
analysis useful in the development of strategies to preserve and protect ground water resources.
An important element of the Draft L WRP is its inclusion and review of the key series of plans
that have been prepared at the state, regional and local level, which have affected past planning
decisions in the Town of Southold. The recognition of significant prior planning efforts, and
their contribution in terms of environmental information and policy development, provides an
outstanding framework to guide the development of a revitalization program for Town of
Southold waterfront areas. Planning initiatives that are incorporated in the Draft L WRP include
studies of regional significance, such as the Long Island Sound Coastal Management Program
(USCMP) and The Long Island Sound Study - The Comprehensive Conservation and
Management Plan (USS). The USCMP focuses on the conservation and development needs of
lIiM
Page 44
Town of Southold
Water Supply Management & Watershed Protection Strategy
the Long Island Sound coastal region, while the LISS concentrates on environmental problems
that are Soundwide. Prior plans and studies oriented to specific local issues also contribute to the
analytical basis of the Draft LWRP. Included within this category are plans and studies such as;
the Peconic Estuary Program, the Town of Southold Comprehensive Plan, and the Open Space
Preservation Plan.
The Draft L WRP assesses the opportunities for land use changes for each of the ten (l0)
identified "Reach" areas based on the results of the inventory and analysis. Three distinct land
use situations are identified within each Reach: Existing stable uses, Areas subject to
development pressure, and Underutilized sites. Areas of existing stable uses are generally
characterized by fully developed subdivisions, with limited potential for infill development.
Environmental constraints, such as a shallow groundwater table, result in stable use areas in a
number of the reaches. Areas subject to development pressure generally exhibit ample vacant or
agricultural land and the availability of utilities such as public water. Underutilized sites account
for a wide range of land use situations encountered throughout the various reaches. Areas that
exhibit limited road access, deteriorating infrastructure, conflicting land uses, or inappropriate
zoning may fall within this classification.
Further, for each reach the Draft L WRP highlights "Areas of Special Concern" based on
observations such as the potential for erosion, flooding and the impact of infill development.
The protection of wildlife and the maintenance of good water quality are also discussed with
respect to the environmental setting and issues in each of the reaches. In particular, properties
that feature unique natural or cultural resources that need protecting, face inappropriate
development or redevelopment opportunities, or where existing development could be upgraded
are listed and examined in detail. In many cases, these situations involve ponds, creeks and
related wetland and coastal areas.
The Draft L WRP also identifies the key issues regarding the critical environmental conditions in
each of the ten (10) reaches. The document outlines the status of agricultural properties in terms
of their potential for future development, harbor management issues regarding the utilization of
waterfront properties, marine activities, and the protection of fishing and related recreational
activities. The analysis assesses opportunities for public access and recreation, the protection of
habitats and wetlands, the prevention of flooding and erosion, and the protection of water quality
and scenic and historic resources.
In certain instances, traffic and transportation management are defined as key issues based on the
level of congestion. Declining traffic safety and the increasing incidences of speeding are seen
as two of the critical issues. Traffic along two major corridors, County Route 48 and New York
State Route 25 impact numerous reach areas and present significant planning and management
challenges.
.
.
.
.
The studies outlined above have played a vital role in helping various levels of government to
establish measures to address water resource and land use needs. The result involves existing
land protection measures that are in place based on this foundation. Existing land protection
measures which partially address the Town's unique resources are outlined in the following
section.
'>, "1' ,
lI:i~
Page 4S
Town of South old
Water Supply Management & Watershed Protection Strategy
4.0 EXISTING LAND PROTECTION MEASURES
4.1 ZONING CODE AND LAND USE REVIEW
The Town land use review procedure as implemented through the Zoning Code and
staffiPlanning Board review, determines the type of land use development which occurs in the
Town. The Zoning Code and zoning map establishes the basic pattern of development which is
permitted to occur, based on residential, industrial and commercial land use districts.
Techniques such as clustering provide an important tool to protect unique resources on a given
parcel of land. The State Environmental Quality Review Act (SEQRA) provides a tool to
evaluate a site's resources, analyze impacts of a project and explore mitigation and alternatives
to minimize potential environmental impacts. These existing land protection measures are
described in more detail below.
4.1.1 Zoning
Zoning is regulated under Chapter 100 of the Code of the Town of Southold. The
purposes outlined in the Zoning Code are consistent with the purpose, goals and
objectives of the Water Supply Management & Watershed Protection Strategy. The
purpose of a Zoning Code is to ensure provision of public resources and services and
provide sites for a wide array of uses in a safe and harmonious manner. The Town of
Southold establishes specific purposes in the Zoning Code that relate directly to
watershed protection efforts as identified in this study. These are:
. The enhancement of the appearance of the Town of Southold as a whole, particularly its
open and rural environment.
. The encouragement of flexibility in the design and development of land in such a way as
to produce the most appropriate use of lands, to facilitate the adequate and economical
provision of streets and utilities and to preserve the natural and scenic qualities of open
lands.
. The fostering and protection of agriculture and fisheries.
. The protection of the subsurface water supply and surface waters.
The incorporation of these specific purposes into the Zoning Code demonstrates the
Towns commitment toward maintaining the rural/agricultural quality of the Town and
protecting the water supply resource.
The Zoning Code determines land uses permitted within each use district. Just as
importantly, it also outlines those uses that are not permitted. Some districts include
provisions for uses by special exception/permit from a separate authority; either the Town
Board or the Zoning Board of Appeals. In addition, the Zoning Code outlines the
dimensional requirements for development within each zoning district. Dimensional
requirements typically include: minimum lot size; lot coverage, front side and rear yard
11M
Page 46
Town of South old
Water Supply Management & Watershed Protection Strategy
setbacks, parking requirements for commercial/industrial development, etc. The Town
Zoning Code includes the following use districts:
Residential
. Agricultural-Conservation (A-C) District (equivalent to 2 acre zoning)
. Low-Density Residential District R-40 (equivalent to I acre zoning)
. Low-Density Residential District R-80 (equivalent to 2 acre zoning)
. Low-Density Residential District R-120 (equivalent to 3 acre zoning)
. Low-Density Residential District R-200 (equivalent to 5 acre zoning)
. Low-Density Residential District R-400 (equivalent to 10 acre zoning)
Note: Low density and A.C zoning equivalents above are based on 40,000 sf I acre
. Hamlet Density (HD) Residential District
. Affordable Housing (AHD) District
Business
. Resort Residential (RR) District
. Residential Office (RO) District
. Limited Business (LB) District
. General Business (B) District
. Hamlet Business (HB) District
. Marine I and Marine II (MI, MIl) Districts
Industrial
. Light Industrial Park/Planned Office Park (LIO) District
. Light Industrial (LI) District
The zoning dimensional and bulk requirements for all of the zoning districts in the Town
of Southold are included in Appendix C.
Appendix A; Figure A-9 depicts the Zoning of the Town Southold, with the SGPA and
water recharge boundaries superimposed on the map. An overall premise of Town
zoning involves the placement of more centralized uses in the hamlet center areas of the
Town. This would include service oriented businesses in the Hamlet Business, General
Business and Limited Business districts, as well as Hamlet Density residential and the
Affordable Housing district. Business use districts are also located in appropriate areas
outside of hamlet centers to provide services where transportation systems are adequate.
Residential Office zoning is used as a transition use between hamlet centers and
surrounding lands or as a corridor zoning district, with surrounding zoning involving R-
40 and other low density residential zoning. Resort Residential is a district reserved for
specific application where appropriate, primarily on the waterfront. Marine zoning
districts are located in appropriate areas along the coastline. Industrial use districts are an
important mix in local zoning, providing tax revenue, jobs and product. Typically
industrial uses are located outside of hamlet centers adjacent to primary transportation
arterials. The Town is involved in reviewing the location of industrial and business
zoning (and allowable uses), in order to ensure that such uses occur in environmentally
appropriate locations within the Town. The Agriculture-Conservation (A-C) District
coincides with farmland areas within the more rural portions of the Town, and is
considered more specifically below.
"
.'M
Page 47
Town of Southold
Water Supply Management & Watershed Protection Strategy
The A-C District together with the R-80, R-120, R-200 and R-400 low density residential
districts, were created with the express intent of preserving rural character and farmland.
The purpose of these districts is stated below:
"The purpose. . . is to reasonably control and, to the extent possible, prevent the
unnecessary loss of those currently open lands within the town containing large
and contiguous areas of prime agricultural soils which are the basis for a
significant portion of the town's economy and those areas with sensitive
environmental features including aquifer recharge areas and bluffs. In addition,
these areas provide the open rural environment so highly valued by year-round
residents and those persons who support the Town of Southold 's recreation,
resort and second-home economy. . . . At the same time, the town has an
obligation to exercise its authority to reasonably regulate the subdivision and
development of this land to further the same purposes while honoring the
legitimate interests offarmers and other farmland owners."
The A-C and other low density residential districts (except R-40) allow development of
residential lots based on a minimum lot size of 80,000 square feet or larger. The district
also allows agricultural operations and accessory uses, as well as the seasonal sale of
products grown on premises. The A-C District dominates the central part of the Town of
Southold between Mattituck Creek and Southold. This area coincides with the SGPA
boundaries and the recharge area above the 5 foot groundwater contour (refer to
Appendix A; Figure A-9). Large lot agricultural land uses are predominant in these
areas, with scattered residential subdivisions on smaller lots that pre-date the current
zoning. A notable exception is the LIO/LI industrial area which is located adjacent to the
Town solid waste transfer station northwest of the comer of Cox Lane and Middle Road,
bounded on the north by Oregon Road and on the west by Depot Lane. The A-C and the
R-80 Districts also dominate the area west of Mattituck Creek to the Town line where
large lot holdings currently exist and farm use and rural quality characterize the area.
By contrast, the most developed portions of the Town exist outside the study areas. To
this extent, east of Hashamomuck Pond, the R-80 District is prevalent and large lot
holdings are interspersed. The East Marion area includes mixed uses involving R-80 on
lands with larger lot sizes, as well as R-40 subdivisions, HD District and scattered RR
and HB zoning. Orient and Orient Point are dominated by R-80 and R-200 zoning
applied to large lot holdings many of which are in agricultural use. Scattered existing
residential subdivisions in the R-40 zone exist outside the central areas of Orient/Orient
Point.
Zoning is an essential tool that should be used to establish a growth pattern in the Town.
The A-C and other low density residential districts were intended to maintain large lot
holdings and agricultural use.
The Zoning Code also includes a number of supplemental provIsions that assist in
directing orderly growth. These include Landscaping, Screening and Buffer Regulations,
contained in S100-210 through 215. These standards allow the Planning Board to require
landscaping to enhance the appearance and natural beauty of the Town, protect property
IiP61T
Page 48
Town of South old
Water Supply Management & Watershed Protection Strategy
values within the Town and minimize land use conflicts. Other provisions require buffers
adjacent to creeks, and building setbacks adjacent to wetlands with cross reference to
Chapter 97 Wetlands, of the Town Code which will be discussed in Section 3.2 of this
report. Article XVIII 9100-180 and 181 of the Zoning Code is devoted to Cluster
Development which is discussed in the following section.
4.1.2 Clustering
Clustering is a term used for a method of subdividing land which reduces lot sizes in
order to create blocks of open land. The base yield of a parcel of land based on its
zoning. Once the yield is established, lot sizes are reduced below the zoning lot size, in
order to preserve open space including agricultural use and natural features on a site. The
Town of Southold Zoning Code includes a clustering provision to allow flexibility in
design of residential development in order to achieve the following:
. Maximum reasonable conservation of land and protection of groundwater supply and
groundwater recharge areas.
. Preservation of agricultural activity by encouraging retention of large continuous areas of
agricultural use.
. Variety in type and cost of residential development, thus increasing the choice of housing
types available to town residents.
. Preservation of trees and outstanding natural features, prevention of soil erosion, creation
of usable open space and recreation areas and preservation of scenic qualities of open
space.
. A shorter network of streets and utilities and more efficient use of energy than would be
possible through strict application of standard zoning.
Clustering is a very effective tool for achieving many of the goals and objectives of this
Water Supply Management & Watershed Protection Strategy. The Code mandates
clustering where the original lot exceeds ten (10) acres in size, and encourages it where
appropriate to achieve the goals noted above. In addition, the Code specifies minimum
lot sizes based on available utilities such that the minimum lot size shall be: 30,000
square feet without public water or sewer; 20,000 square feet with public water; and,
10,000 square feet with public water and sewer. This provides maximum flexibility for
preservation of open space in consideration of a site's features.
Clustering can be used to protect the following resources that may be present on land use
project sites within the Town of South old:
.
Agricultural land use
Rural open space quality
Groundwater recharge areas
Groundwater impacted areas
.
.
.
11M
Page 49
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
. Steep slope areas
. Archaeologicallylhistorically sensitive areas
. Areas of high groundwater
. Areas with constrained soils
. Maximized wetland buffers
Clustering has been on a case-by-case basis based on site resource evaluation. Areas of
contiguous open space can be planned as a result of several development projects within
an area, either through short term project coordination or long term planning. The use of
clustering to preserve site features will continue and can be used with even more
emphasis as a watershed protection strategy.
4.1.3 State Environmental Quality Review Act (SEQRA)
The State Environmental Quality Review Act is contained in Article 8 of the New York
State Environmental Conservation Law, with enabling regulations contained in 6
NYCRR Part 617. This Act requires decision-making bodies to consider the
environmental consequences of funding, decisions and approvals. The regulations
provide an orderly means for agencies to perform initial screening review of an action to
determine it's significance, and to identify other agencies which might be involved in
approving an action. Through coordination between involved agencies, a lead agency is
chosen. After review of an action, the lead agency must determine the significance of an
action and issue either a Negative Declaration (finding that there is no significant
environmental impact) or a Positive Declaration (thereby requiring an Environmental
Impact Statement).
An Environmental Impact Statement (EIS) is a document that describes the project and
evaluates site resources. The impact of a project is then analyzed quantitatively and
qualitatively to determine impacts. This impact analysis may identify adverse impacts
that can not be avoided, or may result in the recommendation of mitigation measures to
mitigate an impact. An EIS must also consider viable alternatives to an action, and
particularly those that may reduce impacts.
The EIS process involves preparation of a Draft Environmental Impact Statement which
is reviewed and modified or accepted by a lead agency. A Draft EIS is then subject to a
minimum 3D-day public/agency comment period which could include a public hearing.
All substantive comments on a Draft EIS must then be responded to in a Final EIS
(response to comments). Following a lO-day circulation and waiting period on a Final
EIS, the lead agency and all other decision-making agencies must issue a Statement of
Findings on the Final EIS, followed by a decision on the action.
The Statement of Findings is intended to give strongest consideration to environmental
consequences of a project, but must also weigh in social and economic factors. This
allows agencies to balance decisions based on social need and economic value, as well as
environmental considerations.
NP&v
Page 50
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
The Town of Southold has adopted a SEQRA ordinance based on Article 8 and Part 617;
Chapter 44 of the Town Code of the Town of Southold. Local municipalities often adopt
a list of Type I actions to define those actions which are locally significant. The State
Environmental Quality Review Act includes a Type I action list. Type I actions are those
projects that are more likely to require an environmental impact statement and therefore
require submission of a Full Environmental Assessment Form (EAF) Part I, and
coordinated review with other involved agencies prior to a lead agency issuing a decision.
The Type I list enables agencies to identifY those actions that are of consequence based
on local factors. Actions that are not specifically listed as Type I actions or Type II
actions (generally minor actions that do not require review under SEQRA) are Unlisted
actions. Unlisted actions require case-by-case review with optional lead agency
coordination and issuance of a Determination of Significance. Through an update of
Chapter 44, the Town of Southold has an opportunity to define locally significant Type I
actions.
The State Environmental Quality Review Act is a very important tool to ensure that
significant projects with potential to adversely impact identified resources are analyzed
and mitigated. Less significant projects can be evaluated internally by an agency, and
approvals must be justified by identifying reasons for a Negative Declaration if an agency
finds that no significant impact will occur.
4.2 WETLANDS PROTECTION
The North Fork contains both tidal and freshwater wetlands. Tidal wetlands exist along the
coast, and extend to the interior of Southold Town in creeks and embayments. Freshwater
wetlands exist where the groundwater table intersects the land surface or the depth to
groundwater is shallow enough to allow wetland indicator vegetation to thrive.
As noted in Section 2.1.5 of this strategy, fresh water wetlands are located primarily within the
inland portions of the NOJih Fork and are comprised of lakes, ponds, strearus and marshes; these
areas are noted to be of critical importance to the watershed underlying the North Fork since they
are major conduits of groundwater recharge in the region and represent ecologically sensitive
resources. The New York State Department of Environmental Conservation regulates wetlands
under Article 24 of the Environmental Conservation Law, with regulations contained in
6NYCRR Part 663. Within the Town of South old, the NYSDEC has mapped 125 such features,
with the largest number of wetlands in the Mattituck and Southold USGS Quadrangle maps. The
protection of wetlands is an important existing land protection measure. The NYSDEC has
jurisdiction within 100 feet of all State designated wetlands, referred to as an Adjacent Area.
Therefore, the wetland feature, as well as a substantial buffer around a wetland can be preserved.
The regulations contained within 6 NYCRR Part 663 Freshwater Wetlands Permit Requirements
Regulations, indicate that commercial development within 100 feet of wetlands (within an
adjacent area) requires a permit and is presumed to be incompatible. Some forms of high density
residential development are considered to be commercial for the purpose of permit review and
may also be presumed to be incompatible uses within 100 feet of freshwater wetlands. Low
.IM
Page 51
Town of South old
Water Supply Mauagemeut & Watershed Protectiou Strategy
density residential structures may be compatible within an adjacent area, but also require a
permit for construction. It is noted that continuing agricultural activities are considered to be
exempt both within freshwater wetlands and in adjacent areas (Part 663.4). However, filling of
wetlands for agricultural purposes is considered incompatible within designated wetlands, and is
usually incompatible (requiring a permit) in an adjacent area.
For actions which require a permit, the State typically seeks to maximize setbacks and natural
buffers in order to provide maximum protection of the value and function of wetlands resources.
Actions which do not involve any activity within 100 feet of a designated wetlands are beyond
NYSDEC jurisdiction, thereby providing an incentive to place all activity beyond 100 feet. This
further maximizes wetland protection, providing open space and groundwater recharge potential
in ecologically sensitive areas. In considering the 125 freshwater wetland systems within the
Town of Southold, this offers the potential to protect a portion of the Town's resources through
existing land protection measures.
In addition, Southold through the Town Trustees regulates activities within 75 feet of Town
designated wetlands under Chapter 97. These requirements were enacted to preserve, protect
and conserve freshwater wetlands and regulate their use and development to secure the natural
benefits which they provide. Since the Trustees ordinance defines wetlands as those areas under
jurisdiction of the NYSDEC under Article 24 of the Enviromnental Conservation Law, this
regulation essentially duplicates the State wetlands permit program. The Town may wish to
consider expanding jurisdiction to 100 feet consistent with the NYSDEC regulations, or may
wish to explore the legal potential to regulate those wetland areas which the NYSDEC is not able
to regulate because such features are not included on the approved maps. It is expected that this
would constitute a very small number of wetland systems.
4.3 DENSITY LIMITATIONS SCSC ARTICLE 6
In 1981, the Suffolk COlmly Department of Health Services adopted Article 6 of the Suffolk
County Sanitary Code for the purpose of implementing parts of the 208 Study. Article 6 re-
affirmed the zone delineations of the Areawide Waste Treatment Management (208 Study) by
providing geographic bOlmdaries for "Groundwater Management Zones"; Southold Town was
identified as Zone 4 (SCDHS, 1985). The Article established density limitations in unsewered
areas to control nitrogen load from sewage disposal and the impact on ground and surface water
resources. Article 6 requires that lot sizes in areas with no public water be a minimum of 40,000
square feet in size. In areas with public water, lot sizes may be reduced to 20,000 square feet.
For design flow purposes, a dwelling unit is defined by SCDHS as generating 300 gallons per
day. Therefore, Article 6 limits density to 1 dwelling unit per acre in areas without public water
and 2 dwelling units per acre in areas with public water.
Article 6 therefore establishes land use density limitations in areas which do not have access to
sewage treatment. Public sewage treatment is limited to the Greenport sewer district which
serves most of the Village of Greenport and has been expanded to limited areas of the Town
lying in proximity to Greenport Village. For much of the agricultural areas of Southold Town,
zoning is more restrictive than Article 6 limitations, particularly in the Agricultural-Conservation
lIMy
Page 52
Town of South old
Water Supply Management & Watershed Protection Strategy
(A-C) and R-80 districts which require a minimum 80,000 square foot lot size. In areas where
Town zoning allows higher density, or for commercial/industrial zoned land, Article 6 densities
would apply. For non-residential development, design flow parameters have been established
based on the type of use. In each case, design flow must not exceed 300 gallons or 600 gallons
per acre as noted above. New developments which provide a means of sewage treatment may be
developed to the limit allowed by Town zoning. This would only be possible on larger sized
parcels due to the setback requirements for sewage treatment installations requiring 150 feet
separation to a property line and 200 feet separation between a plant site and a habitable
structure. Development potential is therefore based on both zoning and Article 6 density
limitations. The majority of land in the Special Groundwater Protection Area and in the critical
recharge area of the Town is zoned Agricultural-Conservation (A-C) district. It is noted that
Article 6 does not apply to lots which existed on the Suffolk County Tax Maps at the time of
adoption of the Article in 1981; therefore, undersized single and separate lots can be developed.
4.4 FARMLAND PRESERVATION
Agriculture plays a vital role in the economic well being of the Town of Southold and its
residents. In addition to farming and related business activities, agricultural uses have
contributed greatly to the scenic amenities associated with the communities of the Town of
Southold, complementing the quaint historic hamlets that provide an attractive residential setting
and encourage tourism. However, the percentage of land in the Town of Southold in farm use
has been steadily declining since the mid 1950's. Currently, properties in residential use account
for a similar percentage of the Town's land use (29%), relative to properties in agricultural
production (31%). An additional 17 percent of the Town's land area is currently vacant.
Depending on what strategies the Town adopts, this vacant land can be either be redirected to
agricultural use or developed. This presents an opportunity to encourage a portion of this land to
ultimately be used for agriculture, particularly over the watershed areas.
In response to this trend, the Town of Southold has implemented a number of strategies over the
past twenty-five (25) years to preserve remaining farmland. Those strategies are summarized in
this section.
4.4.1 Purchase of Development Rights
A development right is one of a property owner's "bundle of rights" which allows an
individual to utilize their property for a use permitted under local land use ordinances.
Local governments have instituted Purchase of Development Rights (PDR) programs in
which landowners sell all, or a portion of their development rights to a municipality for a
particular property. The purpose of such an arrangement is to ensure that the subject
property remains in its existing use, thereby preventing its future development. The
Town of Southold and the County of Suffolk operate PDR programs designed to protect
farmland. Participation in a PDR program is voluntary, and allows land owners the
opportunity to retain an ownership position in the property that enables them to continue
farming, and also allows sale of the property or the ability to pass the land on to their
.'M
Page 53
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
heirs. In addition to the financial compensation the landowner receives for the sale of the
property's development rights, real estate taxes are reduced and estate taxes will
ultimately be lower. From the local government perspective, the public is assured that
the portion of the property from which the development rights have been purchased will
not be developed.
Both Suffolk County and the Town of Southold have been successful in preserving
agricultural land through their Purchase of Development Right's (PDR) programs.
Suffolk County has operated their PDR program since 1974. During the past twenty-five
(25) years, the County PDR program has been responsible for the preservation of
approximately 1,330 acres ofland at an estimated cost of $7.5 million. The program has
recently been refunded via a County environmental bond issue, which designated $20
million for farmland preservation within Suffolk County.
The Town of Southold first initiated its PDR program with a bond act to fund the
acquisition of development rights in 1983. Since that time, there have been numerous
Town bond issues to finance the purchase of farmland development rights. In total, the
Town has purchased the development rights to more than 988 acres of agricultural land
for approximately $7.5 million. Of the remaining 10,232 acres of farmland in the Town
of Southold, 2,318 acres or twenty-four (24) percent are protected from development
under the County ~md the Town PDR programs.
4.4.2 Land Acquisition
The purchase of private property for the purposes of preservation is an option utilized by
municipal governments to protect properties with valuable environmental resources from
future development. The Town has favored the PDR program, but in recent years has
become much more open to pursuing this method. The adoption of the Farm and
Farmland Protection Strategy by the Town Board in January of 1999, is evidence of this
change in policy. One example is the partial acquisition of the Fort Corchaug site lying
on the west side of Downs Creek, Cutchogue in the south part of Sub-watershed Zone 20.
Suffolk County government has utilized land acquisition methods to preserve properties
which have environmental value, including some purchases within the Town of Southold.
County purchases have generally been in coastal areas as these lands exhibit extreme
environmental sensitivity. Within the past two years there has been a increased level of
cooperative partnership between the County and the Town to acquire important
watershed parcels.
As a result of the enactment of the Peconic Bay Region Community Preservation Act in
June of 1998, the Town of Southold has created a land preservation fund. This fund is
financed by the imposition of a two (2) percent real estate transfer tax on all property
transactions. The Community Preservation Project Plan (CPPP), identifies the properties
the Town wishes to protect. Future acquisitions will take into consideration both
environmental conditions and the preservation objectives of the community. A
111M
Page 54
Town of South old
Water Supply Management & Watershed Protection Strategy
significant percentage of land targeted for acquisition lies within the recharge areas of the
Town. The Community Preservation Project Plan is reviewed in greater detail as a study
forming watershed protection policies in Section 3.0.
4.4.3 Public-Private Partnership Strategies
The Town of South old has begun to implement new strategies for land preservation based
on cooperative arrangements involving land conservation organizations and property
owners. This strategic approach incorporates traditional plarming techniques such as
zoning and cluster subdivision designs, along with its PDR program and private
conservation easements in order to preserve farmland. Conservation Easements are
voluntary agreements between landowners and qualified recipients, such as a
municipality or a charitable conservation organization. The purpose of the easement is to
restrict in perpetuity the future use of a portion of a private property; this restriction may
be to retain the land in a natural state, or may permit continued agricultural use. The
significant benefit to the landowner is two-fold; it allows the owner the ability to retain
ownership and utilize the property in accordance with the easement, and the easement
may be considered a tax-deductible charitable gift. This method has been used most
effectively in preserving continued agricultural use.
To effectuate this protection, Town officials representing the Town Board and its Land
Preservation Committee and the Town Planning Board work cooperatively with a private
preservation organization, the Peconic Land Trust, and property owners to determine the
most appropriate combination of plarming tools to encourage the protection of farmland.
This partnership has proved successful in a number of instances where a purchase of
development rights was combined with a reduced density or cluster development plan
and a conservation easement to preserve continuous areas of farmland. This strategy
facilitates the maintenance of contiguous farm properties, which otherwise would have
been negatively impacted by residential subdivisions splitting the farm properties into
separate entities. From a financial perspective, this approach leverages limited Town
funds and allows for expanded land preservation activities.
In addition to these proactive measures, the Town has implemented a Conservative
Opportunities Plarming (COP) process. The goals of the COP are as follows:
1. To make landowners aware of public and private conservation tools and techniques that
may be useful by providing them with a range of options that meet dual goals: economic
and environmental.
2. To provide landowners with basic information about their land (soils, topography, natural
features, etc.) so that they can make informed decisions.
3. To define areas that maybe suitable for public or private conservation.
.i~
Page 55
Town of Southold
Water Supply Management & Watershed Protection Strategy
Town land preservation efforts have been extremely successful in permanently preserving
agricultural lands. A map illustrating protected lands in agricultural use is provided in
Appendix A; Figure A-tO.
.
.
.
.
Various levels of government, and particularly the Town of South old, have made major strides in
preserving and protecting farmland, open space and water resources. This is clearly
demonstrated by the existing land protection measures outlined in this section. The value of the
resources identified in prior sections of this report reflect the need for continued efforts as well as
increased levels of protection.
111M;
Page 56
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
5.0 GROWTH FACTORS AND TRENDS
An understanding of growth factors and trends is crucial to developing a cohesive and effective
groundwater strategy. The information presented here is key to understanding Section 6.0,
Findings and Opportunities and the recommendations set forth in Section 7.0 Action Strategies.
5.1 LOCATION
The Town of Southold is the eastern-most township on the North Fork of Long Island, and is
bordered to the west by the Town of Riverhead, to south by Peconic Bay and to the north by
Long Island Sound. The Town is long and narrow, extending approximately twenty (20) linear
miles from its western border with the Town of Riverhead to the end of the North Fork at Orient
Point. The average width of the municipality is approximately three (3) miles, and the total land
area comprises about 42.90 square miles of the North Fork. In addition, there are five islands
that are within the municipal limits of the Town of Southold; Robins Island, Plum Island, Great
Gull Island, Little Gull Island and Fishers Island. The Town lies completely outside of the Long
Island urbanized area, as classified by the U.S. Census Bureau.
The geographic location of the Town of Southold limits commutation to other job centers,
particularly New York City. As a result, residents of the Town work locally or in other job
centers primarily in Suffolk County. These locational characteristics tend to limit the potential
for growth, particularly as a function of employment which will be discussed in greater detail in
the next section.
5.2 EMPLOYMENT
Residents of the Town of Southold are employed in a broad range of industries both within the
municipality and in neighboring communities. In 1990, the population of Southold was 19,836,
approximately 43 percent, or 8,515 residents of that total were employed. Table 10 provides the
most recent available information on employment characteristics ofresidents within the Town of
Southold.
TABLE 10
TOWN OF SOUTHOLD
EMPLOYMENT-1990
Oceullati.on Number Pereental!e
Professional/Administrative 3,574 42%
Services/Technicians 1,727 20%
Sales 1,160 14%
F armingIFishing/F orestry 327 4%
Manufacturing 1,367 16%
Transportation 360 4%
TOTALS 8,515 100%
Source: 1990 us. Census
.IM
Page 57
Town of South old
Water Supply Management & Watershed Protection Strategy
These data indicate that the majority of the Southold residents in the labor force, approximately
42%, are employed in professional and administrative positions. Significant numbers of Town
residents are also employed in service occupations (20%), manufacturing (16%) and sales (14%).
It is important to note that only about 4% of the residential population were employed in farming
related activities in 1990.
The local employment structure in a municipality is a strong indicator of the type of population
growth that may be experienced in the future. The availability of employment opportunities and
the distance residents will journey to work will impact the local demand for housing. The
employment statistics for the Town demonstrate that Southold residents seek a broad range of
job opportunities outside of the agricultural and tourism base of jobs available locally. In fact,
data presented in the 1990 U.S. Census indicates that the median travel time to work for Town of
Southold residents was 20.2 minutes. This finding seems to indicate that a significant number of
residents in the west part of the Town are likely to travel outside the Town's boundaries to their
place of employment. Therefore, it may be concluded that job development in nearby
neighboring jurisdictions will contribute to the growth of the Town's population and its housing
stock in the future.
A finding included in the Scenic Byways Corridor Management Plan prepared by the Scenic
Byways Steering Committee in 1997 supports this observation. The plan estimates that in 1997 a
total of $550 million in economic activity and personal income was generated within the Town's
economy. Residents that work outside the Town of South old contributed approximately nineteen
(19) percent of that total. The local business community contributed about twenty (20) percent
of the dollars generated within the Town's economy, while agricultural activities generated
approximately sixteen (16) percent. The Scenic Byways Steering Committee plan also noted the
significant impact that retirees have on the local economy. The plan estimated that
approximately thirty-two (32) percent of the local economy was based on transfer payments
associated with retired individuals. An estimated thirty (30) percent of the Town population is
age sixty (60) or older. This population may also contribute to the local work force.
The availability of jobs and the need to seek a diverse range of employment opportunities tends
to retard growth that would otherwise be associated with job availability. The implication of
these findings is that while rapid growth is not expected as a result of existing or new job
opportunities, the bucolic character and natural resources of the Town of Southold will continue
to attract both retirees, and residents employed in a variety of occupations and locations.
5.3 REAL ESTATE AND AGRICULTURAL TRENDS
The primary development trend that has occurred within the Town of Southold since the 1960's
has been the growth of single family residential development on land that was previously utilized
for agriculture. Residential development pressures have historically moved from west to east on
Long Island. As available land for development becomes scarce to the west, developers are
seeking property within the Town of Southold to subdivide and construct housing. As a result,
.II&W
Page S8
Town of South old
Water Supply Management & Watershed Protection Strategy
development pressures escalate the value oflocal real estate, and properties that had been farmed
for generations are sold for development. In addition, the economic difficulties experienced by
farmers during this time period further contributed to the loss of agricultural land to residential
development. This trend was fairly consistent through the 1960's, 70's and 80's; however,
within the past decade, less growth was observed as measured by the number of housing unit
permits issued by the Town. Table 11 provides data on the number of housing unit permits
issued within the Town of Southold for each decade dating back to the 1960s.
TABLE 11
HOUSING UNIT PERMITS ISSUED
TOWN OF SOUTHOLD -1960-1998
Decade Permits Issued
1960-69 1,627
1970-79 1,915
1980-89 1,772
1990-98 1,688
Source: us. Census Bureau and Southold Building Dept.
The steady issuance of housing permits since 1960 has increased the number of year-round
households in the Town of Southold to 8,640 in 1998, from 4,384 in 1960. This results in a
ninety-seven (97) percent increase in the number of households within the time period under
consideration. Further, it is important to note that an inventory of agricultural land conducted by
the Peconic Land Trust in May of 1999 revealed that currently there are pending residential
subdivision applications on nine farmland parcels totaling 329 acres.
It is also important to consider that, due to number of circumstances impacting the Town, the real
estate market for residential development is peaking. Both the establishment of the Pine Barrens
Reserve limiting development potential in the towns to the immediate west, and the strong
economy and stock market have contributed to the increasing development pressures within the
Town of South old.
This observation is supported by the views of various individuals involved in both agriculture
and the real estate community. According to Joseph Gergela, Executive Director of the Long
Island Farm Bureau, Inc., "Land is getting more scarce, and most of the farmland is very
desirable because it is already cleared. The real estate market [in the Town of Southold) is as
hot as it's ever been."(Newsday, November 12, 1999).
Further evidence of the upward pressure on real estate values in the Town of Southold is the
selling price per acre of land. Syma Gerard of Syma Jaffe Gerard Real Estate of Eastport
indicates "In the first half of this year [1999]. farmland in the Town of Southold on the North
Fork sold for an average of $18,000 to $20,000 an acre, compared to $11,000 to $13,000 five
years ago." (News day, November 12, 1999).
11M
Page 59
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
It is anticipated that regional growth trends will continue to fuel the heightened development
pressures being experienced within the Town. For example, development activities within the
neighboring Town of Riverhead, such as the redevelopment of the former Grurnman/US Navy
property in Calverton for industrial use, and tourism attractions such as the Splish Splash Theme
Park and the Tanger Mall Shopping Outlets will further contribute to local development
pressures. The market for second homes is also expected to remain strong due to the vacation
amenities associated with the area.
According to the Town of Southold's Draft 1999 Local Waterfront Revitalization Plan, "if the
Town were to continue growing at an average of 14.5 percent [per decade} as it has since the
1950s; if two-acre zoning were to remain in effect; and ifno additional land were protectedfrom
development; the Town could be expected to reach saturation population in less than 40 years ".
(Town of South old, 1999-1).
In the face of development trends and the escalating costs associated with purchasing land and
expanding agricultural operations, local farmers have begun to explore alternative crops.
Farmland that was once utilized for potatoes is now devoted to specialized niche markets, such
as vineyards, which are able to generate higher profits on an acreage basis. These changes have
occurred due to the relatively small size of east end farms and the economic realities associated
with expanding operations. This need to improve crop profitability has also lead to an increase
in the number of nurseries and greenhouses on Southold farms and has resulted in various local
land use conflicts. "Greenhouses and nurseries afford greater yield and higher profits per acre
than most other crops grown in Town. The greenhouse trend is causing much controversy within
the Town. Many residents insist that the growing number of greenhouses is destroying the open
vistas that add to the beauty and attractiveness of the Town. However, given the prohibitive cost
of acquiring more land, greenhouses are becoming one of the most profitable ways for local
farmers to make a living on existing holdings. " (Town of South old, 1999-2).
Sod farming has remained a significant crop among the local agricultural community; however,
it tends to be dependent on regional construction and development trends. Vegetables, berries
and fruits have remained stable products grown by Southold farmers, particularly due to the
retail sales that occur at local farmstands.
In summary, real estate housing and agricultural tends within the Town of Southold are highly
inter-related. As the growth in employment opportunities increases to the west and tourism and
the second-home market expands, the demand for housing in the Town of Southold will increase
and land prices will escalate. This will threaten the economic viability of agricultural properties
and is expected to result in the loss of farmland for residential development. Farm operations
that continue will shift their crop production to special niche markets that will allow for higher
profitability. This trend may in some cases lead to conflicts between farm owners and the
residential community due to the construction of greenhouses and other facilities. This conflict
is based on the observation that these structures detract from the bucolic beauty and scenic views
that attract residents to the area.
N'M
Page 60
Town of Southold
Water Supply Management & Watershed Protection Strategy
5.4 WATER IMPACTED AREAS AND WATER AVAILABILITY
Water quality in the Town of Southold as discussed in Section 2.1.7, is found to be impacted by
various land use practices including agricultural use. Nearly half the wells tested on a Town-
wide basis had one or more pesticide concentrations in excess of maximum contaminant levels.
Fertilizer use has caused nitrate concentrations in agricultural areas frequently exceeding the 10
parts per million (ppm) drinking water standard and occasionally found as high as 20 to 30 ppm.
Coastal areas where development is more concentrated tend to experience salt water intrusion
from the surrounding bays, and salt water upconing from the salty aquifer below as a result of
well pumpage.
As new commercial and/or residential land uses are contemplated, consideration must be given
to the availability of potable water to service new developments. Article 4 of the Suffolk County
Sanitary Code requires water availability for approval of subdivision or development, as required
in the following provision of the SCSC:
"No realty subdivision or development shall be sold, offered for sale, leased or rented by
any corporation, company or person, and no permanent building shall be erected
thereon, until a plan of such realty subdivision or development has been approved by the
Department in accordance with Article 6 of the Suffolk County Sanitary Code, including
approval of the plans for water supply facilities for said realty subdivision or
development and the filing of such approved plans in the Office of the Clerk of the County
of Suffolk. "
Water supply may be from an approved on-site well, connection to an existing public water
system, or may involve a community, or non-community water supply system. In some cases,
on-site water treatment may be approved in connection with an on-site well.
In some cases, development has been restricted as a result of the inability to provide potable
water. Areas with significant water quality impairment, which do not have access to public
water mains are unable to receive the necessary approvals for construction and occupancy. As a
result, water quality has acted to limit growth in some areas of the Town.
As noted earlier, the Suffolk County Water Authority (SCWA) purchased the Village of
Greenport Water District production wells and distribution system, which not only operated
within the incorporated Village, but extended its services to areas beyond the municipal limits.
In addition to the purchase of the Village district, the SCW A has increased its presence on the
North Fork in recent years via the extension of water mains and the acquisition of future well
field sites. As noted in the Draft L WRP, the SCW A currently operates 57.5 miles of water mains
in the Town of Southold, with an additional 17 miles planned in the near future. The planned
expansion of water mains and the development of new wells will be a key determinate in the
direction of future land development in the Town of Southold. From a historical perspective,
development has concentrated in the Town in areas either serviced by public water, or in sections
of the Town where environmental conditions did not limit water availability via private wells.
Therefore, the availability of public water mains is expected to increase the potential for growth
in a number of areas in Town where development is currently limited.
NIM
Page 6 t
Town of South old
Water Supply Management & Watershed Protection Strategy
Coastal areas which experience salt water intrusion and upconing are expected to benefit from
new water main extensions. Existing residences that maintain private wells with elevated
chloride levels will be able to connect to public water thereby providing quality water and
eliminating the maintenance and operation of private wells. Infill of development in accordance
with zoning is expected to occur in these areas. New development may also be promoted as a
result of the availability of water. As water mains are extended to interior sections of Southold,
existing residents will also benefit as in the coastal areas; however, new water mains may
promote development of water impacted areas in the SGPA, groundwater recharge areas, or
other central parts of the Town (particularly agricultural lands) which are currently more rural in
character. As a result, consideration must be given to maintaining a balance of growth by
planning the extension of water mains to coincide with areas of need and areas which can sustain
further growth. Ultimately zoning will detennine development densities and ultimate build-out;
however, the growth limitation that water supply creates is recognized and should be managed.
.
.
.
.
Sufficient groundwater of acceptable quality to be used as drinking water supplies is a key issue
in determining growth in the Town. Due to water quality stresses including pesticide/fertilizer
impacts in many areas of the Town, the Suffolk County Water Authority must carefully manage
water main expansion to ensure that adequate water supply can be provided to existing Town
residents. It is anticipated that existing developed areas and expected infill within these areas
will consume available water supply for the near future, particularly where the water quality has
been impacted by contamination. A phased extension of water main service is recommended so
that priority areas in greatest need are serviced in a timely fashion. The determination of phased
extensions should be the focus of ongoing joint assessments by the SCW A, the SCDHS and the
Town Planning Department.
Water treatment or water transmission options are not necessarily economically viable options,
thereby necessitating a balanced approach to land use and water supply needs. In addition,
further groundwater protection and management studies are currently underway by the Suffolk
County Department of Health Services including water quality testing, groundwater modeling
and a Source Water Assessment Program. These measures will enhance pollution risk
assessment and provide information for water resource planning. Finally, efforts to improve
water quality must be supplemented by education and through cooperative efforts with the
farming industry and residents ofthe Town.
The unique and sensitive nature of the Town's resources, and the growth potential which has
been identified warrants further measures to ensure that the values that are aesthetically and
economically important to the Town remain. The conclusions drawn from the preceding sections
of the strategy are discussed in the next section, with a statement of the opportunities for further
protection measures to keep pace with growth and the resulting stress on the Town's resources.
IIII&W
Page 62
Town of Southold
Water Supply Management & Watershed Protection Strategy
6.0 FINDINGS AND OPPORTUNITIES
Sections 1.0 through 5.0 of this strategy provide a large body of information pertaining to the
Town's water resources and land development characteristics; existing policy and
implementation mechanisms for watershed protection and trends in land use and demography.
This section reviews and summarizes the key findings with respect to this body of information,
and further identifies opportunities which exist to supplement and improve the existing land
protection measures. The following subsections state each key finding, followed by a
description of the opporttmity which exists with respect to the finding. This information will be
used in directing the Action Strategies identified and discussed in Section 7.0.
6.1 GEOLOGY AND WATER RESOURCES
. Prime agricultural soils coincide with large tracts of farmland in the central areas of the
Town, and are also coincident with the SGP A and aquifer recharge area.
. Large tracts of land should be maintained through acquisition and purchase of farmland
development rights.
. The Town contains areas of environmentally sensitive lands including steeply sloped
areas, areas of high groundwater, and freshwater wetlands. Steep slopes occur in limited
areas particularly along the north shore, along the Peconic Bay and around some
freshwater lakes. High groundwater occurs anywhere where the land elevation nearly
intersects the water table. Freshwater wetlands are abundant within interior areas of the
Town of Southold. These features are particularly important as regards groundwater
protection. Shallow groundwater is easily impact due to limited vertical unsaturated
leaching depth, and installation of properly functioning sanitary systems is difficult.
Wetlands act to store and filter recharge and are hydraulically connected to the aquifer.
Development of steep slope areas can cause erosion and sedimentation, particularly in
areas adjacent to ponds or surface water. All these features are environmentally
important and should be preserved and buffered.
. The Town should consider an ordinance for environmentally sensitive land that would
define such areas, establish yield restrictions, and ensure preservation and buffering.
The Town should also consider updating the Wetlands ordinance to be consistent with
NYSDEC Article 24 and increase the level of protection of wetlands.
. The SGP A and the adjoining aquifer recharge area are important to the long term
economic stability of the Town of South old for water supply purposes.
. Land use intensi~v should be removed from the SGPA and aquifer recharge area to
preserve recharge areas from land uses that would degrade the water supply.
. According to the SGP A Plan the primary groundwater quality issue within the Southold
SGP A consists of contamination related to pesticides used for agricultural purposes.
Pesticides have contaminated groundwater throughout much ofthe horizontal and vertical
extent below the Southold SGPA and include the inorganic constituents of fertilizers and
Ulhcu
"PO.D'
Page 63
Town of Southold
Water Supply Management & Watershed Protection Strategy
that aldicarb had been used on the North Fork, its subsequent ban and the reduction in
concentration that has occurred due to dispersion, it is probable that much of the groundwater
on the North Fork will be suitable for consumption without treatment within the next 20
years. With regard to nitrates, a reduction in concentration is dependent on future land use
density and agricultural practices.
. Agricultural practices should be improved through ongoing education and research, through
more extensive and focused use of conservation plans, by greater utilization of organic
farming techniques, and the use of alternate crop types, etc., in order to reduce chemical
application and fertilization load. Cornell University and the Long Island Horticultural Lab
(part of Cornell Cooperative Extension) have been conducting research and coordinating
best management efforts with active farmers. Although best management practices have
been in use for the past 2 decades, more needs to be done to ensure that agricultural use
continues to become more compatible with water resource protection.
. Salt Water intrusion and upconing, caused by a thin freshwater lens coupled with
overpumping of wells, particularly in coastal areas, has the potential to impair water quality
as a result of chloride contamination.
. Public water should be extended to coastal areas and areas that have been more intensely
developed due to past land use practice. Extension of public supply should be phased in
coordination with the capabilities and qualities of the groundwater resource. Public supply
well fields must be situated in areas where there is adequate thickness of the freshwater lens
to support sustained pumpage. Many uses are competing for a limited water supply,
including public supply wells, private supply wells and agricultural irrigation wells. The
resource is limited and stresses over time have degraded water quality. Pumping must be
carefully regulated to prevent saltwater intrusion and upconing. Educational efforts should
be escalated to better promote groundwater protection and to improve irrigation pumping.
. Water impacted areas currently limit ability to use land as a result of lack of potable
water. Extension of water mains by the Suffolk County Water Authority has the potential
to promote growth as a result of new potable water availability where none currently
exists.
. Extension of water mains to impacted areas within the SGPA and the aquifer recharge
area could increase land use intensity and further compromise water resources and rural
character. Accordingly, extension of water mains should be planned in conjunction with
local land use management programs so as not to cause adverse growth potential which
may further burden both water supply and land resources.
6.2 LAND USE AND DEVELOPMENT CHARACTERISTICS
. Residential use occupies approximately twenty-nine (29) percent of the acreage within
the Town of Southold. Residential development is generally situated along the southern
shoreline of the Town, in low to medium density, single-family categories.
. Residential use is compatible with the goals and objectives of the Water Supply
Management & Watershed Protection Strategy, provided density is consistent with
groundwater protection policy and unique environmental features are preserved. Infill of
homes should occur in a manner that does not further burden resources. Non-
.iPOli'
Page 64
Town of Southold
Water Supply Management & Watershed Protection Strategy
conforming lots should receive variances provided sanitary/well setbacks can be met and
other identified environmental resources are not impacted. Such lots should be evaluated
to ensure that adequate infrastructure exists and consideration should be given to
contribution of dollars to further land protection funding in exchange for variances.
. Agricultural properties comprise nearly one-third (31 %) of the total land area in the
Town of Southold. For the most part, agricultural uses are generally located on large
interior lots that extend from Route 25 to the north shore of the Town, but key acreage
lies to the south and should not be ignored or dismissed. Vacant properties, which
account for approximately seventeen (17) percent of the Town's acreage, are generally
inter-dispersed among the agriculturallands.
. Agricultural land use is key to the rural character of the Town, and ifproverlv manae:ed
can be comvatible with water resource vrotection. A significant opportunity exists by
preserving large tracts of farmland through existing land protection measures.
. Industrial, commercial and retail uses are generally situated along the Town's major
transportation corridors, such as County Road 48 and NYS Route 25. In addition,
commercial clusters exist in the Town's village and hamlet centers.
. The Town is addressing appropriate locations for commercial and industrial
development for resource protection and tax revenue generation, as well as the need to
strengthen the hamlet business districts through other studies and zoning initiatives.
These efforts are compatible with the Water Supply Management & Watershed
Protection Strategy and should be continued.
. Over 15,000 acres, or forty-seven (47) percent of the Town of Southold's estimated
32,250 acres of mainland upland acreage, is still available for development.
Residentially zoned land accounts for 14,537.8 acres, or about ninety-seven (97) percent,
of the land available for development in Town. Included within this total are properties
currently utilized for agriculture, but which could be developed for single-family housing
under existing zoning. The remaining properties fall within commercial or industrial
designations.
. Current land use measures, acquisition efforts, and purchase of development rights
programs, will not in themselves preserve the watershed quality and rural character of
the Town as stated in the goals and objectives of this strategy. Opportunities exist to
create additional land use protection measures primarily through codification in the
zoning ordinance. Land use controls considered for implementation must be non-
confiscatory, and politically and economically feasible, and implemented in a manner
that is consistent with protection policies and the goals and objectives of this Water
Supply Management & Watershed Protection Strategy. Creative land use techniques
should be employed to reduce land use intensity in the SGPA and aquifer recharge area.
Use of clustering and density incentive programs to ensure that development occurs in
appropriate areas, residential land development controls, preservation of
environmentally sensitive lands, and public awareness and education, should be
employed.
N'PaMy
Page 65
Town of Southold
Water Supply Management & Watershed Protection Strategy
. A significant portion of the residential properties available for future development lie within
the boundaries of two critical groundwater areas within the Town of Southold; the areas of
the Town with groundwater elevations higher than 5 feet above sea level. One lies west of
Mattituck Creek and includes a portion of the Central Suffolk SGPA Northeast Sector, and
one lies east of Mattituck Creek to the hamlet of South old, referred to as the Southold SGPA.
. These areas should be managed to reduce intensity of use (through zoning and control of
infrastructure improvements), and provide appropriate development controls. It is
recommended that the larger, centralized and predominantly agricultural area between
Mattituck Creek and Southold be defined as an area in need of greater land use controls to
ensure protection of recharge quality.
6.3 DEMOGRAPHICS AND LAND USE TRENDS
. The year-round population in Southold in 1998 was estimated to total, 20,710. Relative to
the Town's 1960 population of 13,295, this represents an increase of7,415, or approximately
a fifty-six (56) percent net increase in the number of year-round residents. The rate of
increase declined during the 1980s, relative to prior decades. However, since 1990 the
growth rate has begun to increase in response to increased development activity and regional
economic prosperity.
. The trend in population growth is expected to further increase Town population, increasing
stress on water resources and rural quality of the Town. Water resource studies from 1992
estimated that the Town could sustain an additional population of approximately 30,000
people based on water supply sites identified at that time. Water quality problems increase
the cost of developing additional water supplies. If all land available for development were
to be developed, projected population would be 63,000 Townwide. Full development will
negatively affect the water supply resource as well as the rural character and quality of life.
Land acquisition and purchase of farmland development rights must be continued as these
measures reduce land available for development.
. The number of households in the Town of South old increased to 8,640 in 1998, from 4,384 in
1960; this represents a ninety-seven (97) percent net increase. The growth rate in households
in Southold has exceeded the growth in total population because household sizes have
continued to decline in town. This trend toward smaller household sizes has also taken place
both regionally and nationally. The number of housing units in the Town of Southold
increased to 12,979 in 1990, from 4,384 in 1960, a net increase of 5,007 units or
approximately sixty-three (63) percent. The growth in housing units in Southold has
occurred at higher rates relative to year-round population and household increases since
1980, largely due to second home construction. Unless the economic trend shifts
dramatically or the Town acts to reduce the potential population density, the expansion of the
Town's single-family housing stock is likely to be its predominant land use trend in the next
decade. Factors that will contribute to the demand for housing units in the Town of Southold
over the next ten (l 0) years include:
1. The growth in employment opportunities in eastern Suffolk County (i.e. Brookhaven and
Riverhead Towns).
2. Expansion of east end tourism attractions, regional economic prosperity, leisure time and
the resulting expansion of the second home market.
lIiM
Page 66
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
3. Scarcity ofland available for the primary and second home markets in Towns to the west
of Southold.
4. Smaller household sizes and social changes in family structure.
. As population increases, and resultant demand for housing adds pressure to increase the
availability of single family housing stock, the Town must be ready to ensure protection
of water resources and rural character of the Townfor long term economic stability and
preservation of the existing quality of life important to the residents.
. Seasonal or second homes increased to 4,152 in 1990, from 2,674 in 1979. This
development of 1,478 homes represents a net increase of seasonal homes estimated at
over fifty-five (55) percent during the twenty (20) year period. It is estimated that the
population of the Town of Southold more than doubles during peak seasonal times,
expanding from the year-round 1990 figure of 19,836 up to 45,339 during peak seasonal
times (an increase of25,503 or 129%).
. While seasonal occupancy is an important economic factor for the North Fork and
Southold Town, it places added stress on the Town's water resources over short periods
of time during summer months. Water use control through installation of public water
mains in areas with smaller lot sizes and higher intensity of land use must be instituted to
benefit water resources through regulated pumping of public water supply well fields.
The limited nature of water resources requires that residents of coastal areas be made
aware of the need for ongoing water protection and conservation.
6.4 EXISTING LAND PROTECTION MEASURES
. Both Suffolk County and the Town of Southold have been successful in preserving
agricultural land in Town through their respective Purchase of Development Right's
(PDR) programs. Since 1974, the County's PDR program has been responsible for the
preservation of approximately 1,330 acres at an estimated cost of $7.5 million. The
Town of Southold initiated its local PDR program in 1983, since that time the Town has
purchased the development rights to more than 988 acres of agricultural land for
approximately $7.5 million. Of the remaining 10,232 acres of farmland in the Town of
Southold, 2,318 acres, or twenty-four (24) percent are protected from development under
the County and the Town PDR programs. Both governmental entities have taken steps to
refund their respective PDR programs, and remain committed to its objectives.
. The PDR program has been extremeZv successful and should be continued. Additional
land use protection techniques are needed in order to ensure orderly development that
will not compromise the Town's water resources or rural character of those lands that
may be subject to development in the future.
. The Town of Southold's efforts to acquire land for preservation purposes has been
strengthened as a result of the enactment of the Peconic Bay Region Community
Preservation Act of 1998. This legislation creates a land preservation fund financed via a
two (2) percent real estate transfer tax on all property transfers in the Town. In
compliance with the Act, the Town has prepared a Community Preservation Project Plan
(CPPP), to guide future acquisitions of land for preservation. The bulk of the land
targeted coincides with aquifer recharge areas as well as sensitive coastal areas.
N1Pc,wT
Page 67
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
. Similar to PDR, land acquisition is a successful preservation technique that should be
continued. Parcels have been targeted and as funding is available, acquisition efforts
should be implemented.
. The Town of Southold has been successful in preserving land based on cooperative
arrangements involving land conservation organizations and property owners. This
strategic approach incorporates traditional planning techniques such as zoning and cluster
subdivision designs, along with its PDR program and private conservation easements in
order to preserve farmland. In addition to promoting desirable land use objectives, this
approach leverages limited Town funds, allowing for expanded land preservation
activities.
. Cooperative land preservation efforts involve multiple entities including the Town,
conservation organizations and property owners. Public education and awareness playa
vital role in the success of these programs. Individual homeowners commitment to
protecting the resource works hand-in-hand with the overall community investment in the
future of the Town. The Town should aggressively continue these programs which will be
strengthened by designation of key resource areas and controls, and ongoing public
awareness and education.
. The Town has implemented a Conservation Opportunities Planning (COP) process aimed
at providing landowners with information on public and private conservation tools and
techniques. The evolution of the COP process, in conjunction with the expanded use of
cooperative arrangements utilizing traditional planning techniques, conservation
easements and land acquisition funds may prove to be the most effective land
preservation strategy available to the Town.
. This Water Supply Management & Watershed Protection Strategy is important in
furthering the goals of the Town through the COP process. The identification and
protection of environmentally sensitive areas (wetlands, steep slope and high
groundwater areas), protection of the recharge areas and SGPAs, furtherance of
planning techniques for land preservation, and coordination of water main installation,
are key elements of this strategy that are consistent with the COP process.
. The Town of Southold through the Town Trustees regulates activities within 75 feet of
Town designated wetlands under Chapter 97. These requirements were enacted to
preserve, protect and conserve freshwater wetlands and regulate their use and
development to secure the natural benefits which they provide. Since the Trustees
ordinance defines wetlands as those areas under jurisdiction of the NYSDEC under
Article 24 of the Environmental Conservation Law, this regulation essentially duplicates
the State wetlands permit program.
. The Town should consider expandingjurisdiction to 100 feet consistent with the NYSDEC
regulations, or may wish to explore the legal potential to regulate those wetland areas
which the NYSDEC is not able to regulate because such features are not included on the
approved maps. It is expected that this would constitute a very small number of wetland
systems, but would increase protection of natural resources that are of local importance.
IIINT
Page 68
Town of Southold
Water Supply Management & Watershed Protection Strategy
. Existing land protection measures include; zoning code provisions and land use review,
wetlands regulations at the Town and State level, density limitations under Article 6 of
the Suffolk County Sanitary Code and farmland preservation efforts.
. There are few environmentally focused development guidelines or standards for as of
right use of residential or commercial zoned land in the Southold Town Code. At
present, zoning dimensional requirements and case-by-case review under the State
Environmental Quality Review Act are the methods by which development is controlled.
This presents an opportunity to provide guidance for best management practice in
exercising reasonable control over development projects. The SGPA plan and other
policy documents reviewed indicate that such measures are reasonable to promote
clustering, nitrogen loading, industriallcommercial discharge control, fertilizer use, and
preservation of natural areas, buffers and conservation easements. The Town should
consider enacting ordinances for critical environmental lands, and watershed areas.
6.5 GROWTH FACTORS AND TRENDS
. The employment statistics for the Town of Southold demonstrate that residents seek a
broad range of job opportunities outside of the agricultural and tourism base of jobs
available locally. Journey to work data indicates that Southold residents are likely to
travel to job centers outside of the Town for employment. Therefore, it may be
concluded that job development in neighboring jurisdictions will contribute to the growth
of the Town's population and its housing stock in the future. The primary development
trend that has occurred within the Town of Southold since the 1960's has been the growth
of single-family residential development on land that was previously utilized for
agriculture. Real estate housing and agricultural trends within the Town are highly inter-
related. As available land for residential development in Towns to the west becomes
scarcer and employment opportunities expand in the region, the demand for housing in
the Town of Southold will increase and land prices will continue to escalate.
. As identified in the sections of this document on demographic trends, South old is
expected to experience pressure for additional development of single family residential
housing. Measures such as this Water Supply Management & Watershed Protection
Strategy and other programs identified herein are important to ensure protection of
water resources and rural qualities important in the Town and should be instituted and
continued.
. Escalating land prices may threaten the economic viability of agricultural properties and
result in the loss of farmland for residential development. Farm operations that continue
may have to shift their crop production to special niche markets that will allow for higher
profitability. This trend may detract from the traditional agricultural scenery and the
bucolic setting that has long attracted visitors to the east end, and may lead to land use
conflicts between farm owners and the Town's residents.
. Retention of large areas of agricultural use coincident with prime agricultural soils and
groundwater recharge areas, maintenance of large tracts of land, and land use buffering,
are important techniques to encourage continued farming and reduce potential conflicts.
Encouragement of traditional agriculture through PDR, economic incentives and
.'M;
Page 69
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
Cooperative Opportunities Planning and public education and awareness may tend to
ease the trend in farm practice. Traditional agriculture mixed with niche market
farming, is expected to continue and will be subject to a host of factors including family
interests and needs, farm produce outlet market conditions, growth factors and trends as
related to land value; all of these factors are economically related and are therefore
often difficult to control at the government level. The Town should continue to
coordinate with the farming community through committees and relationships developed
under the Farm and Farmland Protection Strategy.
11'M
Page 70
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
7.0 ACTION STRATEGIES
7.1 CONTINUE EXISTING PROTECTION MEASURES
The Town of Southold is engaged in a wide range of planning initiatives, many of which involve
principles and practical aspects of watershed protection. Programs and the relationship to the
WSM&WPS are provided in Table 12.
TABLE 12
EXISTING/CONTINUING TOWN PROTECTION MEASURES
E.tt:itf!.P~otec~on.~~asure l)\lsCl'ii)ti6i1 and R~blti\li$l1ipto WS~~M<1l>S
Farm and Farmland Protection Strategy Study of farming needs in connection with farm
community, and efforts to maintain and protect
farm use; strategy targets preservation of prime
agricultural land, much of it in the watershed
protection zone.
Zoning Code Implementation Application of Town zonmg revIew; use of
mandatory clustering
State Environmental Quality Review Act Review SEQRA review with possible requirement of an
environmental impact statement, mitigation and
measures to protect the environment.
Conservation Opportunities Planning Process Cooperative efforts with landowners to achieve
balanced development with preservation of open
space and farmland, meeting the economIC
needs of the private landowner.
Community Preservation Project Plan Identification of target acquisition parcels for a
variety of purposes and protection measures
includin~ watershed protection.
Rezoning Initiatives Route 48 study and other zoning review that the
Town IS contemplating in order to meet the
long-range goals and objectives of the Town in
terms of land use.
Local Waterfront Revitalization Program Comprehensive inventory of coastal resources
with establishment of policies to achieve state-
wide coastal zone management goals;
designation of the overall Town as the coastal
zone due to the interwoven nature of coastal
resources and Town character.
Other Studies, Plans, and Planning Participation Scenic By-ways Study; Participation III the
Peconic Estuary Program; Public-Private
Partnership Strategies; Town Trustees Wetland
Protection under Chapter 97.
... ac."
.'rowir
Page 71
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
This matrix demonstrates the Town's commitment to preservation of the resources important to
the community. However, these efforts are not sufficient to protect water supply. The Town
must adopt additional strategies in order to protect, preserve and enhance the water supply and
water resources and the agricultural/rural quality of the Town of South old.
7.2 WATER SUPPLY MANAGEMENT
The land use protection goals of the Town must be coordinated with the water utility, and must
be consistent with the health and drinking water regulatory agencies, in order to be most
effective. The WSM&WPS has evolved through communication and coordination with these
entities as well as with input from the community at large, community representatives and public
officials. This section documents the current and future water supply management efforts of the
Town through this Strategy, and identifies measures to integrate these efforts with the water
utility and health agency.
7.2.1 Coordinate Water Main Installation
The Suffolk County Water Authority has had an increasing presence on the North Fork
particularly since its 1997 purchase of the Greenport Water District. The Suffolk County
Water Authority has been active in acquiring lands for the purpose of new and expanded
well fields and well fields protection. Appendix A; Figure A-II presents a map of lands
owned by the Suffolk County Water Authority in the Town of Southold. Significant
recent acquisitions include acreage in the vicinity of Laurel Lake in the western portion of
the Town.
The Suffolk County Water Authority recognizes not only the need to protect watershed
areas for existing and future well fields but also to carefully control the pumping and
distribution of water. As discussed earlier in Section 2.1.8, in 1992, LBG prepared a
water supply report for the Suffolk County Water Authority. This report identified
potential water supply well fields for public water expansion in the Town and determined
that the daily sustained capacity of the well-field network was approximately 3.2 Million
gallons per day. The report estimated that this additional yield could supply a population
of approximately 30,000 people within the Town of Southold. However, the report did
not appear to factor in seasonal population increases, compromised water quality, and
prolonged drought conditions; therefore, the ceiling of 30,000 population is suggested as
a conservative measure. Given that current population levels are over 20,000, not
including summer population which is estimated to be over 40,000, it is clear that the
Town needs tight land use controls and control of growth.
The Suffolk County Water Authority intends to be proactive in the role of regulating
pumpage and coordinating water main installation. As discussed in the technical sections
of this report dealing with groundwater, the areas in proximity to the coast are most
subject to salt-water intrusion and upconing, which can degrade water supply wells. In
addition, areas of the Town near the south coast are more densely developed based upon:
I) the desirability of these locations; 2) the historic second home turned to year-round home
trend of many of these seasonal cottages; and 3) the higher density land use permitted by
N'P&WT
Page 72
Town of South old
Water Supply Management & Watershed Protection Strategy
zoning. Over time, these areas require public water supply installation, due to the inability of
small private wells to provide potable water. As a result, the existing public water main
distribution system is more complete in coastal areas. Figure A-ll also maps those areas
currently serviced by public water mains.
For future water supply planning purposes, the Suffolk County Water Authority intends to
provide a more complete distribution system to service the more densely developed areas of
the Town and expected growth areas. The Water Authority will extend and interconnect
water mains where possible to service existing residences and lots where infrastructure exists
and infill of development is expected to occur. This enables the Water Authority to meet the
water supply needs of the Town by providing potable water in areas most in need. Figure A-
U provides a map which illustrates the existing water mains as of April 2000, general areas
expected to be serviced by public water main extensions, and protected lands. This map will
be further assessed for priority scheduling and implementation as appropriate in a coordinated
effort between SCW A, SCDHS and the Town.
There are areas of the Town however, where extension of public water mains may not be
feasible or practical. The central part of the Town coinciding with large agricultural areas
between Mattituck Creek and Southold is such an area. This region also coincides with the
SGP A and the groundwater recharge area. These interior parts of the Town are currently not
served by public water supply. Existing development and agricultural irrigation needs are
served by private wells. This area is currently sporadically developed and zoning is
predominantly Agriculture-Conservation district. As a result, the expected future
development density would be relatively low. In addition, the Town's Farm and Farmland
Protection Strategy has targeted the preservation of most of the land in this area. Some small
developed areas exist within the targeted preservation areas. Where groundwater
contamination by agricultural chemicals or landfill leachate has occurred, the Town should
work jointly with SCW A and SCDHS to explore possible options to provide potable water.
Care should be taken not to encourage future residential development in these areas.
From an environmental standpoint, and based on an evaluation of groundwater resources, it is
advisable to limit population density and control growth to the maximum extent possible in
this area. From a water supply standpoint, the goal should be to serve the existing Town
population, and plan water main infrastructure for those areas where growth can be
accommodated without overburdening the resource. This serves the dual purpose of ensuring
a sustainable population in the future and protecting a primary groundwater aquifer recharge
area which is coincident with large land holdings that provide rural character and quality
within the Town. The Town should work with the SCW A to ensure that the mutual land and
water supply protection goals of the Town and the SCW A are met. The Town should seek
written assurance that SCW A will not extend public water mains to areas where limited
growth is a goal.
7.2.2 Water Supply Options
As a first priority, the coordination of water main installation addresses the water supply
needs of existing residents and those undeveloped lots adjacent to areas where water main
extensions are proposed. Those areas not served by public water may require a variety of
water supply options in order to ensure safe drinking water for existing and future uses. The
basis for this priority was discussed in the section above and is summarized below:
.'NT
Page 73
Town of Southold
Water Supply Management & Watershed Protection Strategy
I. There is a limited water supply in the Town of Southold, in terms of both quantity and
quality, but especially quality.
2. The land use planning efforts of the Town are directed toward reduction of density and
preservation of agricultural use through non-traditional developments with little or no
infrastructure in the central agricultural areas and water recharge zones of the Town.
3. It may not be economically feasible or practical to extend water supply to areas of low
density development with limited infrastructure.
4. Existing developed areas should have a priority in receiving the limited water supply due
to the hydrologic sensitivity of coastal areas, existing population densities and water
quality impacts.
Water supply options are necessary for those areas that are not a priority for water main
extension. Figure A-12 is provided to generally illustrate those areas where extension of
public water mains is expected. It is recognized that some areas in the central recharge
zone may currently be impacted by degraded water quality, necessitating consideration of
temporary or permanent water supply options where development already exists.
Land use proposals in such areas will continue to be reviewed by the Health Department
for water supply compliance using on-site wells placed in an effort to obtain suitable
quality water. For those applicants not able to meet water quality objectives, public water
will be required, and if not immediately available, the subdivision application will be
denied.
There are some areas where on-site treatment may not be economically feasible, such as
areas downgradient of the landfill where a variety of organic and inorganic compounds
may be present and more than one treatment process may be needed. Such areas may be
considered for smaller "satellite" supply facilities, limited/restricted extension of water
mains, or application can be made to the Suffolk County Board of Review to relax well
depth standards if monitoring demonstrates that there is a level of minimum
contamination above a deeper plume. Other areas where limited/restricted extension of
water mains may be appropriate includes residential areas that may be impacted by
commerciallindustrial use. SCDHS has conducted a number of studies where chlorinated
solvents and gasoline related compounds have been detected in residential private wells.
Through land use review, it may also be possible to utilize contiguous or non-contiguous
clustering to situate development in areas able to yield on-site water supply, or shift
development to a location more accessible to limited/restricted water main extension.
Water supply measures noted above are available immediately in order to meet water
supply needs on a case-by-case basis. An additional water supply option, which may be
appropriate for consideration, is the establishment of water quality treatment districts.
New York State created enabling legislation for the establishment of Water Quality
Treatment Districts as Subpart 5-5 of the Public Health Law, 9 225. In general, this State
Law enacted in 1984, authorizes counties and towns to create, by resolution or petition,
new districts, known as Water Quality Treatment Districts, in areas not presently being
.iP&\J
Page 74
Town of Southold
Water Supply Management & Watershed Protection Strategy
served by a public water supplier. The district would test water quality, install and
maintain water treatment systems where necessary, and advise well owners how to reduce
contamination. A copy of the legislation adopted by New York State under the Public
Health Law is included in Appendix D. Similar to other special districts in a township,
the Town can designate a geographic area by tax parcel or boundary description and
assess uses within the district for the purpose of accumulating funds to provide necessary
water treatment. A comprehensive approach works to the benefit of all users in the
district. The Town would be in a position to evaluate and possibly contract with the
Suffolk County Water Authority to provide cost effective and adequate treatment units. .
By utilizing accumulated assets and the leverage of the Suffolk County Water Authority
for purchase and installation, resident needs could be met in an economical manner. The
logistics of setting up such a district are well established through Town tax assessment
procedures. The Suffolk County Water Authority has indicated a willingness to help in
implementing this program with the Town where appropriate, and such districts would be
require cooperation as well as review and approval with the Suffolk County Department
of Health Services. As provided for in the legislation, the establishment of a Water
Quality Treatment District would provide a means to test water quality, install and
maintain water treatment systems, and advise well owners and Town residents how to
reduce contamination. This measure is available on a case-by-case basis, but is not
viewed as a long-term substitute for water main extension or other water supply options.
Additional groundwater management work is underway by SCDHS to better understand
the status of water resources in the Town of Southold. These efforts are ongoing, and
will provide information which will allow the Town, the Suffolk County Water Authority
and the Suffolk County Department of Health Services to continue to evaluate water
supply options. The Water Supply Management & Water Protection Strategy is not
intended to be a static document. As information becomes available, the Strategy will be
subject to refinement and evolution. Current efforts include the extension of the Suffolk
County groundwater model, coupled with the Source Water Assessment Program to
better delineate water impacted areas and non-impacted areas. This will greatly enhance
pollution risk assessment capabilities and ultimately, groundwater management strategies.
The emphasis of water supply options is the protection of the health and welfare of
residents of the Town of Southold. New uses will continue to be subject to requirements
of the Suffolk County Department of Health Services to demonstrate the ability to
provide acceptable water supply. Water supply options must be implemented on a case-
by-case basis to determine the most suitable option. The program must be monitored so
that it does not promote growth in areas of the Town where density limitations and
retention of farmhmd are intended. The Town intends to work closely with the SCW A
and the SCDHS to ensure that these land use goals and water supply needs are met.
lIiP&tir
Page 75
Town of Southold
Water Supply Management & Watershed Protection Strategy
7.3 CRITICAL ENVIRONMENTAL LAND (CEL) ORDINANCE
The Town of Southold has vast environmental resources as described in Section 2.0 of this
document. At present, the potential negative impacts of development to these resources are
evaluated on a case by case basis as projects are proposed. Through this review, appropriate
mitigation measures incorporated into project design, or required through the environmental
review process which may involve the preparation of an environmental impact statement. It is
suggested that the Town consider adopting an ordinance which specifically recognizes lands of
the Town of Southold which the Town finds to be environmentally sensitive. The primary
critical environmental lands of the Town include the following:
. Freshwater wetlands and adjacent areas
. Tidal wetlands and adjacent areas
. Lands with natural slopes in excess of 15%
. Lands with a depth to groundwater less than 10 feet
The protection of these wetlands as biofilters, retention areas and recharge zones is important for
groundwater protection. Preventing erosion potential and loss of soil on steep slope areas is
important for ground and surface water protection as well. Areas with shallow groundwater are
susceptible to groundwater degradation due rapid infiltration of contaminants and difficulty in
maintaining properly functioning sanitary systems. In order to recognize and preserve these
resources, it is recommended that no development occur within these critical environmental
lands. For the purpose of project yield, it is recommended that surface water wetlands and areas
with greater than 15% slopes, be subtracted from the gross acreage of the property to determine
"developable land". For example, in calculating subdivision yield, wetlands on a property would
be delineated for the purpose of NYSDEC Article 24 implementation and/or Army Corps of
Engineers Part 404 Wetlands. Areas with slopes in excess of 15% over a rise of four feet or
more, would be delineated by a project engineer or surveyor based on a two foot topographic
contour map acceptable for subdivision submission. These critical environmental lands would
not be permitted to contribute toward the minimum lot size of subdivision lots. A conforming
yield map would have to be prepared which respects these areas including a minimum 100 foot
buffer surrounding any designated wetlands. Using this approach, a yield map for a property
would be established. The Town's cluster provision could then be used to ensure expanded
buffers and maximum preservation of these resources.
There may be circumstances where controlled development within 100 feet of wetlands, within
areas having slopes of more 15%, or within areas with groundwater depth of less than 10 feet,
may be appropriate. The Town may wish to consider empowering the Planning Board to vary
these requirements when no other alternative exists. This provision could be provided for in the
ordinance.
The Critical Environmental Lands ordinance would apply to all land and all zoning districts
within the Town of Southold. The nature and value of these resources are not related to
jurisdictional boundaries and warrant maximum preservation by virtue of their occurrence within
the Town.
~C:1U!
..rowd'
Page 76
Town of South old
Water Supply Management & Watershed Protection Strategy
7.4 WATERSHED PROTECTION ZONES (WPZ'S)
A significant finding of the Water Supply Management & Watershed Protection Strategy is that
the central part of the Town of Southold, between Mattituck Creek and the Hamlet of Southold,
and the area west of Mattituck Creek in the vicinity of Laurel Lake are significant areas in terms
of the following key elements:
. The areas are comprised of large lot holdings;
. The areas are currently predominantly in agricultural use;
. The areas are the largest contiguous block of agricultural use in the Town;
. The areas lie substantially above the five foot groundwater contour and therefore are significant
recharge areas;
. The areas contribute significantly to the rural character of the Town; and
. The areas coincide with the Southold Special Groundwater Protection Areas of the Town.
These significant blocks of land clearly warrant additional protection measures to ensure that the
above-noted features, are maintained.
First and foremost is the designation of the geographic areas for legislative purposes. It is often
difficult to translate key environmental elements to a geographic boundary location. The
designation of such areas heightens public awareness and provides a first step for additional
planning measures.
The primary area for protection is the area above the five-foot groundwater contour. However,
the use of such a boundary would bisect private parcels and would not fully address the need to
protect and preserve agricultural lands and rural quality. For this reason the designation of
WPZ's are expanded to contain within them logical blocks of contiguous predominantly
agricultural land. The West WPZ is therefore defined generally coincident with the area above
the 5 foot contour within which is the SGP A area, in the vicinity of Laurel Lake between Sound
Avenue and Main Road, east of the Town Line to Mattituck. The East WPZ is defined generally
as the area extending from Long Island Sound on the north, to Route 25 on the south, between
the area immediately east of Matti tuck Creek, to the Hamlet of Southold. For mapping purposes,
the suggested WPZ boundaries have been prepared and are presented in Appendix A; Figure A-
n
With the creation of the Southold Watershed Protection Zones, it is important to establish the
legislative goals and intent of the designation of such an area. The goals and objectives of this
strategy as contained in Section 1.4 provide the intent for the creation of the WPZ's. Also with
the creation of such districts are important to establish development parameters which achieve
the goals and objectives as stated by the Town.
In order to effectively manage the Watershed Protection Zones, the Town needs to reduce
development density to maintain the existing landscape to the maximum extent practicable.
Therefore, any development, which does occur, should be greatly restricted. For the purpose of
the Southold WPZ's these areas are considered to be Restricted Growth Areas. As such, the
standards and guidelines proposed are the minimum management tools to be considered, leaving
NP&w
Page 77
Town of South old
Water Supply Management & Watershed Protection Strategy
open the possibility of additional control measures which will be considered in a subsequent
section of this strategy. A summary list of standards and guidelines is provided below.
. Control or reduce development density to limit nitrogen loading;
. Eliminate the construction of new sewage treatment plants in the WPZ' s;
. Restrict the storage and use of toxic and hazardous materials in the WPZ's;
. Maximize open space and reduce development density near public water supply sources;
. Protect wetlands and adjacent areas;
. Provide environmentally compatible stormwater recharge systems;
. Preserve existing vegetation, specimen trees and wooded edges wherever possible;
. Align contiguous areas of undeveloped open space and farmland through development design;
. Minimize areas established in fertilizer dependent vegetation;
. With the exception of agricultural use, revegetate permanent buffer areas with plantings having a
low fertilizer and irrigation dependency;
. Identify and protect species in communities of special concern;
. Provide a mechanism for the management of open space and agricultural lands; and
. Restrict commercial and industrial development to protect quality of groundwater recharge and
rural character.
Certain guidelines may also be appropriate to apply to development proposals in the restricted
growth areas. These guidelines are considered advisory, and are intended to be used at the
discretion of the Town in project review, depending on the significance of the action and the
sensitivity of the resource. Recommended guidelines are summarized as follows:
. Seek to achieve a concentration of total nitrogen in recharge of 2.5 mg!l or less;
. Provide more stringent well head protection for water supply properties based on a scientific
understanding of hydrologic resources;
. Apply stricter setback requirements from wetlands and surface waters;
. Provide creative stormwater detention areas for recharge and storage of stormwater based on
natural topography and functional pond creation;
. Provide mechanisms for prevention of soil erosion during construction;
. Avoid construction in areas with slopes greater than ten percent;
. Review agricultural and horticultural projects for conformance with best management practices;
. Consider cultural resources, scenic byways and viewsheds, and recreational resources as part of
project review.
The standards and guidelines recommended as part of the Southold Watershed Protection Zones
will ensure that consideration is given to natural and human resources in project review. It is
recommended that, where possible, clustering and other techniques be utilized to reduce or
withdraw any development activity from the central parts of the WPZ's. Additional protection
measures are considered in subsequent chapters of this strategy.
7.5 CONSERVATION SUBDIVISION PROGRAM (CSP)
This section outlines a program to further restrict development within the Watershed Protection
Zones. The concept behind the Conservation Subdivision Program is to not encourage
traditional development within this important watershed area, even under the stringent standards
and guidelines outlined in the preceding section.
JlPaIr
Page 78
Town of South old
Water Supply Management & Watershed Protection Strategy
In concept, the intent is to provide incentives that would make it more desirable to seek
alternative methods of development. There would be a disincentive for landowners to propose
traditional development projects involving typical clustered or grid style developments. The
intent would be to redirect development within the Town both to more desirable locations, and
also with the intent of achieving other planning purposes.
The purpose of the Conservation Subdivision Program is to facilitate the maximum preservation
of open space and farmland, with the lowest possible development density and road/utility
improvements. The definition of a Conservation Subdivision is proposed as follows:
The use of a variety of public and private conservation strategies for the preservation of
agricultural lands and soils through the subdivision process that result in the preservation
of seventy-five to eighty percent (75-80%) of a particular tract of land. Through a
"Conservation Opportunities Planning Process" a private/public cooperative partnership
is formed that is a cost-effective approach to protecting farms and farmland by leveraging
limited public funds for the purchase of development rights with limited development and
other private conservation strategies including conservation easements, bargain sales,
donation ofland, etc. The Conservation Opportunities Planning Process; a) incorporates
the long and short term goals of the landowner in the overall plan, b) defines areas within
the landowners property that contain prime agricultural soils and other resources that
qualify for protection through the purchase of development rights program or other public
and private conservation techniques, and c) assists landowners in exploring alternative
conservation planning tools for the future use, ownership, and management of the
property .
The CSP would complement ongoing planning efforts of the Town through public-private
partnerships strategies fOf land protection. The preservation of seventy-five to eighty (75-80)
percent of a tract of land is an aggressive goal that can be met through cooperative efforts with
landowners.
The intent of the Town is clear through the designation of WPZ's as areas in need of more
stringent controls. These areas are designated with the intent of minimizing development and
infrastructure to the maximum extent. The majority of land in the WPZ's is zoned A-C or R-80.
As a result it is recommended that the Conservation Subdivision Program would be a voluntarv
program primarily targeted toward R-80 and/or A-C zoned land within the Watershed Protection
Zones. Any landowner wishing to participate in the program could enter into discussions with
the Town Planning Staff to structure a Conservation Subdivision.
A project would be an Unlisted Action for purpose of SEQRA with the application for a
Conservation Subdivision. The achievement of 75-80 percent of a tract of land will be achieved
primarily through purchase of development right. In addition, in some cases arrangements have
also been made to gift land and realize the tax benefit. As the program is optional, and not all
land is proposed to be used or subdivided at one time, it is expected that continued funding of the
PDR program through Town and County efforts will be adequate to facilitate the purchase of
development rights when needed for agricultural land preservation in the WPZ's. The
development of the remaining 20-25 percent of the tract of land may occur through limited on-
II'PbV
Page 79
Town of Southold
Water Supply Management & Watershed Protection Strategy
site development at the underlying R-80/A-C density (established through a conforming yield
map), or through an Off-Site Development Option.
On-site development may occur in the Watershed Protection Zone through the establishment of a
Country Inn, a facility which provides overnight accommodations in a residential type structure.
The Country Inn must gain aesthetic quality and charm from the agricultural land use on the
balance of the property. Limitations on maximum number of rooms, size of the building,
setbacks, parking accommodations, and sanitary disposal, will occur through Planning Board site
plan review and confornlance with an amended section of the ordinance, and Suffolk County
Department of Health Services density conformance. The goal is to preserve a significant area of
farmland, while providing an economic value to the landowner, in a setting which is harmonious
and supportive of continued farm use, all in a manner which does not burden natural or human
resources. There are a variety of ways in which to achieve a Country Inn use in connection with
an agricultural setting. It is expected that a Country Inn will involve overnight accommodations
and amenities, food service, parking, outdoor recreation, etc., and therefore is more characteristic
ofa commercial use that a residential use. For this reason, the yield (on a number of rooms per
acre), and the size of the Inn must be carefully considered, in order to ensure that the scale is
consistent with the planning goals of the Town. It is recommended that the Country Inn use be
permitted by Special Exception to be decided by the Planning Board. The Country Inn would be
allowed on any parcel zoned A-C District as a presumptively compatible use, provided it
conforms with the parameters established above. The Country Inn site would be subject to full
site plan review, with consideration of the overall farm acreage for the purpose of determining
yield, and siting the Country Inn parcel. The Country Inn use would be subject to the State
Environmental Quality Review Act as an Unlisted Action unless it is designated a Type I action
pursuant to the SEQRA Type I list. The program can be designed to work with parcels where
development rights have already been purchased, by allowing landowners to essentially
contribute to further open space/farmland acquisition, based on land value. The Country Inn
concept may represent a valuable land use tool in connection with this WSM&WPS. The use of
Country Inns provides the Town and its residents the opportunity for a number of benefits
including: preservation of farmland; economic value to the landowner; and creation of uses that
serve an existing tourist base providing regional economic benefit. The establishment of
Country Inns must be monitored to ensure that the overall planning goals of the Town continue
to be served by the program.
Off-site development may also be a viable option through cooperative developments or non-
contiguous clustering (see following Section 7.6). If the Off-Site Development Option is
selected, an increase in density on a site outside the WPZ would be permitted under the
following guidelines:
. The off-site location is within the same School District; and
. The off-site location is in the same general Watershed area; and
. The off-site location is capable of sustaining increased yield; and
. All developments must conform to Article 6 of the Suffolk County Sanitary Code. Suffolk
County has recognized that this form of development may be an appropriate planning tool. This
provision provides t1exibility for shifts in development density without necessarily requiring the
construction or tie-in to sewage treatment facilities; and
.Pow
Page 80
Town of South old
Water Supply Management & Watershed Protection Strategy
. If the off-site location is zoned R-40. In the case ofR-40, the maximum number of units shall be
determined by providing two conforming yield maps, one based on 40,000 square foot lots which
represents the base density of the parcel, and one based on 30,000 square foot lots which
represents the potential increase in units allowable by off-site development. On a zoning yield
basis, one 80,000 square foot lot within the Conservation Subdivision, may result in the
construction of one single family unit on an off-site parcel up the maximum allowable based on
the 30,000 square foot yield map, andlor,
. If the off-site location is zoned HD. In the case ofHD land, the maximum number of units shall
be determined by not more than a twenty (20) percent increase in yield. On a zoning yield basis,
one 80,000 square foot lot within the Conservation Subdivision, may result in the construction of
two (3) multiple family units, or three (3) retirement (age restricted to 55 and older) units, within
the HD parcel, on an off-site parcel up the maximum allowable based on the increase of not more
than 20 percent of the base density in that district.
By contrast, a full yield subdivision of land within a WPZ, but outside of the Conservation
Subdivision Program, would be considered a Type I Action under the State Environmental
Quality Review Act. Type I Actions require the preparation and submission of a Full
Environmental Assessment Form Part I and coordinated review with involved agencies, and
these actions are more likely to require the preparation of an Environmental Impact Statement.
As indicated in Section 4.1.3, the Town through the State Environmental Quality Review Act
and Chapter 44 of the Town Code has the ability to define locally significant actions as Type I
Actions for the purposes of SEQRA implementation. Therefore, it is proposed that the following
actions be considered Type I Actions for the purpose of implementation of SEQRA: "Proposed
subdivision of land in a Town of Southold Watershed Protection Zone without the benefit of the
Conservation Subdivision Program ". Environmental review of a non-CSP project would
consider the following additional factors:
. Analysis ofland use, zoning and land use plans for conformance with the goals and objectives of
the CSP in achieving density limitations and facilitating the protection of agricultural use and
rural character;
. Conformance with the standards and guidelines of the WPZ;
. Visual and aesthetic impact analysis of a project on its surroundings;
. The need for adequate buffering of adjacent farm use including potential reforestation of
substantial buffers to enhance the compatibility of use and the agricultural longevity of lands in
the WPZ; and,
. Use of clustering to achieve maximum preservation of open space and alignment of agricultural
use in order to promote continued farm practice.
The creation of a Conservation Subdivsion Program would provide guidelines for development
and a better understanding of the Town's intent within areas determined to be Watershed
Protection Zones. The CSP would be voluntary, with incentives to participate in the program. It
is believed that the commitment of the Town Planning Staff in seeking creative development
scenarios and redirection of density, coupled with public education and awareness of the critical
need to protect agricultural/rural character and water resources, will facilitate the success of this
program.
~cu
"~d'
Page 81
Town of South old
Water Supply Management & Watershed Protection Strategy
7.6 NON-CONTIGUOUS CLUSTERING
Non-contiguous clustering involves more than one parcel of land where the parcels do not lie
adjacent to each other. The concept as suggested here involves preserving and protecting the
resources ofthe parcel which has the greater enviromnental sensitivity.
Non-contiguous clustering is a tool which can be used by private landowners and facilitated by
the municipality. It is suggested as being worthy of consideration to expand the plarming tools
of the Town on a voluntary basis in cooperation with landowners. A landowner that owns
several parcels within the Town may wish to explore enviromnental site conditions to identify
potential development constraints. This can be accomplished through private consultation with
an enviromnental consultant or through consultation with Town Plarming staff. Resources
worthy of protection may include, but are not limited to:
. High groundwater areas;
. Steep slope areas;
. Wetlands and adjacent areas;
. Contiguous open space;
. Constrained soils;
. Significant habitat areas;
. Lands within the Watershed Protection Zone; and,
. Lands targeted for preservation under the CPPP.
Upon identification of any of these or other potential enviromnental constraints, a landowner
may explore several options.
I) Determine if his/her holdings include other nearby less sensitive lands.
2) Explore the potential to acquire other nearby less sensitive lands.
3) Consult with Town Planning staff to determine other development options which may include,
combining the project with a pending development project which can sustain additional density.
4) Seek other methods using the Town Planning toolbox to ensure that development of a sensitive
site occurs in a manner which protects environmental resources.
There are several development parameters, which should be considered III the use of non-
contiguous clustering. These are as follows:
. Seek to redistribute density between lands which are within the same School District;
. Seek to redistribute density between lands which are in the same general watershed area;
. Increase density only on lands that are capable of sustaining increased yield;
. The parcel which receives increased density should be designed in a manner consistent with the
Town's current clustering provisions;
. All developments must conform to Article 6 of the Suffolk County Sanitary Code. Suffolk
County has recognized that this form of development may be an appropriate planning tool. This
provision provides f1exibility for shifts in development density without necessarily requiring the
construction or tie-in to sewage treatment facilities.
Non-contiguous clustering can be a useful plarming tool to protect enviromnental resources. It
should be maintained as a voluntary program for private landowners that can be encouraged and
facilitated by the Town. The primary incentive to explore this program is a potential reduction in
.MY
Page 82
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
the processing time for an application and the potential to reduce the need for extensive
environmental studies. An additional benefit is a reduction in improvement costs, as compared
to non-coordinated development of more than one parcel. This tool can be particularly useful in
protecting and enhancing the Watershed Protection Zone; however, it is recommended as an
available tool for any area and any zoning district within the Town.
7.7 TOWN WETLANDS ORDINANCE
Wetlands have been documented as important hydrologic features within groundwater recharge
areas. The protection of wetlands, and adjacent buffer areas, provides important filtration,
retention and recharge functions, as well as habitat and open space. In order to protect additional
wetlands and adjacent buffer areas, Chapter 97 of the Town Code should be amended to provide
a 100 foot jurisdiction area around freshwater and tidal wetlands of the Town of Southold. The
ordinance currently empowers the Town Trustees to regulate activities within 75 feet of Town
designated wetlands. Designated wetlands are generally those regulated by the New York State
Dept. of Environmental Conservation under Article 24 and Article 25 of the Environmental
Conservation Law. Expansion of jurisdiction to 100 feet would be consistent with Article 24 of
the ECL for freshwater wetlands. Through the expansion of the regulatory area, the Town would
encourage applicants to set back all activities at least 100 feet from freshwater wetlands
providing a substantial adjacent area buffer. This will enhance protection of these important
resources.
Article 24 of the ECL only regulates those freshwater wetlands mapped by the NYSDEC. This
leads to confusion regarding small ponds and wetland areas that are not mapped by NYSDEC.
Such areas may be regulated by the Army Corps of Engineers under Part 404 of the Clean Water
Act, however, under Army Corps Nationwide permits the adjacent area is not regulated and
minor fill activities can occur. Small ponds and wetland areas may be local significance
particularly in view of high ground water areas in important wetlands systems internal to the
Town. The Town may wish to explore the legal potential to regulate those areas which the
NYSDEC does not regulate. This would enable the Town to preserve and protect local features
as well as adjacent areas which provide a buffer to small ponds and wetlands. The Town may
also wish to map the freshwater wetlands within the Town, so that regulated areas are identified.
This information could be incorporated into the Town Geographic Information System (GIS) for
reference. All wetlands should be subject to field delineation as part of the permit process
currently in place under Chapter 97.
7.8 CREATION OF SUBSTANDARD LOTS
There are areas of the Town where the pattern of subdivision and development occurred prior to
the current zoning and lot size restrictions. Later establishment of zoning requirements raised
the zoning standards thus making lots within these previously subdivided areas non conforming
in terms of lot size and setback requirements. As these lots are developed, variances for
minimum lot size, minimum lot width, and possibly front rear and side yard setbacks may be
necessary .
.11&1;
Page 83
Town of South old
Water Supply Management & Watershed Protection Strategy
The Zoning Board of Appeals sometimes considers the division of land where the proposed new
lot sizes are close to but not exactly in conformance with minimum lot sizes required by zoning;
however, proposed lots may be generally in keeping with lot sizes in the neighborhood. An
example would be an application to create two lots on a lot which is 70,000 square foot (sf) in
size in an R-40 zoning district. If an application conforms to the general pattern of development
and lot sizes in an area are not expected to cause a significant adverse environment impact, the
Board of Appeals may consider such an application favorably. Such applications provide an
opportunity to generate revenue for the purpose of acquisition of suitable more open space to
offset the slight reduction in lot size on the example land division. A possible formula would be:
for every square foot that a proposed land division is deficient from the required zoning, a
mitigation fee of 50 cents would be required. In the example noted above, the land division falls
10,000 sf short of the required zoning, therefore a mitigation fee of $5,000 would be required.
Any funds generated as a result of this type of application would be utilized for the purpose of
acquisition of appropriate open space for watershed protection. Each division of land must still
stand on its own merits as it is reviewed by the Zoning Board of Appeals for community or other
potential issues or impacts. The legality of this mitigation fee should be explored, however, the
concept may provide a means to offset minor variances and generate revenues for further land
acquisition.
While it is beyond the scope of this study, further examination of single and separately owned,
substandard lots may be appropriate. A determination of the number of undeveloped small lots
would be necessary through building file review, tax map and air photo examination and field
confirmation. The location, available infrastructure, and density of single and separate lots
would then be determined, allowing conclusions to be drawn with regard to environmental
impacts and population potential. Recommendations concerning land use controls, acquisition,
or other measures could then be formulated based on the findings. There must be a careful
balance between preserving the rights of property owners, and protecting the environmental
resources and character of the Town.
7.9 PUBLIC AWARENESS AND EDUCATION
The Town will continue and expand programs for public awareness and education with regard to
further the goals and objectives of this strategy. The Town of Southold's preparation of this
Water Supply Management & Water Protection Strategy is a continuing step in raising the
awareness of the Town's unique water resources and rural qualities. This strategy has been
prepared with supporting background materials and technical information to integrate the
strategy with ongoing Town planning initiatives.
The creation of the Watershed Protection Zones is a key element of the strategy. The
designation of this area for its extensive agricultural use and water recharge quality will define a
geographic area of the Town worthy of management, protection and preservation. The Town
should further the public awareness of the importance of this area by placing signs along key
roadways to designate the area. Appropriate signage will be visible to residents and visitors of
the Town.
MIN
Page 84
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
Critical to the success of the public awareness and education program is the dissemination of
information to the residents of the Town. The strategy itself should be made available at Town
Hall and local libraries. The Executive Summary should be distributed to key interests in the
Town, made available at Town Hall, and distributed to those who request information. In order
to reach more of the general public the Town should consider preparing a small tri-fold brochure,
suitable for mailing as well as display and handout at Town offices and community facilities.
Handout material will provide a number to contact for additional information. The expected
level of interest may necessitate commitment of Town personnel resources to insure that the
public receives accurate and thorough information.
It is recognized that the Town is engaged in a number of planning initiatives at this time. These
efforts, including land acquisition priorities and public-private partnership strategies for
conservation planning, may provide a mechanism for the Town to promote its watershed
protection strategies within an existing framework. The Town is actively engaged in a Farm and
Farmland Protection Strategy which may provide similar opportunities. The Peconic Estuary
Program in which the Town is actively participating, specifically identifies public awareness and
education as a key component of that program. It may be possible to integrate the Town's
watershed protection initiatives into ongoing public awareness and education aspects of the
Peconic Estuary Program. Finally as the Local Waterfront Revitalization Program is finalized
and proceeds through the adoption process, further public awareness will be promoted due to the
overlapping nature of watershed protection and coastal resource management.
7.10 POLLUTION CONTROL AND SOURCE REDUCTION
An integral part of the WSM&WPS is pollution control and source reduction. Agricultural land
use has been demonstrated to be a contributor to groundwater pollution resulting in elevated
pesticide concentrations and nitrates from fertilizer application. Residential development at
higher densities (particularly where extensive landscaping is present) may also result in nitrate
impacts to groundwater. Additionally commercial and industrial development may introduce a
wide variety of chemicals to groundwater such as gasoline and additives, solvents, metals and
other exotic chemicals. Many programs are in place at the County, State and Federal level to
control storage, use and disposal of chemicals, particularly from commercial and industrial use.
The reduction of groundwater pollution from these sources must be combined with land use
planning efforts in order to ensure adequate water supply as population growth continues.
Agricultural land use is encouraged as part of this Strategy, as it maintains open space, rural
character, and limited population density, all land use considerations that benefit long term water
supply. However, while maintaining agriculture, it is important, indeed critical, to seek ways to
reduce the groundwater impacts of such use. The Findings and Opportunities section of this
strategy indicates the following:
Agricultural practices should be improved through ongoing education and research,
through more extensive and focused use of conservation plans, by greater utilization of
organic farming techniques, and the use of alternate crop types, etc., in order to reduce
chemical application and fertilization load. Cornell University and the Long Island
d"CM
..ro.I'
Page 85
Town of South old
Water Supply Management & Watershed Protection Strategy
Horticultural Lab (part of Cornell Cooperative Extension) have been conducting
research and coordinating best management efforts with active farmers. Although best
management practices have been In use for the past 2 decades, more needs to be done to
ensure that agricultural use continues to become more compatible with water resource
protection.
Continued cooperative efforts between the fanning industry, research groups, and government
agencies is encouraged in order to further reduce chemical application and fertilizer loading.
The Farm Bureau and Cornell Cooperative Extension should continue and expand their efforts in
this regard. The Peconic Estuary Program is also dedicated toward improving communication
and cooperation toward this goal. The SCDHS Long Island Sound Study (USS) North Shore
Watershed Management Program will draw on Peconic Estuary Program (PEP), Agricultural and
Environmental Management (AEM) and Integrated Pest Management (IPM) analyses and
recommendations. AEM and IPM refer to efforts between the scientific and agricultural
communities to reduce the use of chemicals in fanning by management and control of pests.
Both the PEP and USS are developing regional nitrogen load allocation targets, with specific
focus on subwatersheds; these will integrate and refine results of this Water Supply Management
& Watershed Protection Strategy. This Strategy is supportive of such efforts, and the Town is
dedicated to assisting this effort where possible through ongoing local governmental
involvement and cooperation.
The creation of Watershed Protection Zones must include (at some point) the adoption of
standards for pollution control including reduction of nitrogen loading through density control,
wetland protection, reduction of runoff and sedimentation and increased use of best management
practices for all land uses including agriculture. For other than agricultural use, there exists a
recommended limit on the amount of fertilized vegetation in order to reduce nitrogen loading,
and to maintain naturally vegetated lands where possible. The standards and guidelines
recommended in the WPZ's will further help efforts for pollution control and source reduction.
The Town will continue and expand these efforts to encourage non-fertilizer dependent
landscaping, sensitive environmental design, and improved stewardship of the Town's resources
through educational and land use review processes.
11'M
Page 86
Town of Sonthold
Water Supply Management & Watershed Protection Strategy
8.0 REFERENCES
Crandell, H. c., 1963, Geology and Ground-Water Resources of the Town of South old. Suffolk
County New York, U.S. Geologic Survey Water-Supply Paper 1619-GG.
Freeze, Allan R., Cherry, John A., 1979, Groundwater, Englewood Cliffs, New Jersey: Prentice-
Hall, Inc.
Heath, Ralph, C., 1998, Basic Ground-Water Hydrology, U.S. Geological Survey Water-Supply
Paper 2220.
Jensen, H.M. and Soren, J., 1974, Hydrology of Suffolk County. Long Island. New York,
Hydrologic Investigations Atlas, Department of the Interior, U.S. Geological Survey,
Washington, D.C.
Koppleman, Lee, Kunz, A., Tanenbaum, E. and Davis, D., 1992, The Long Island
Comprehensive Special Groundwater Protection Area Plan, Long Island Regional
Planning Board.
Koppleman, Lee, 1978, 208 Areawide Waste Treatment Management, Hauppauge, New York:
Nassau-Suffolk Regional Planning Board.
Koszalka, E.J., 1983, Geohydrology of the Northern Part of the Town of Brookhaven. Suffolk
County, New Y ork~ U.S. Geologic Survey Water-Resources Investigations Report 83-
4042.
Long Island Almanac, 1996 Long Island Almanac, Twenty Eighth Edition, Long Island Business
News, Ronkonkoma, New York
Newsday, November 12, 1999, " The Enduring Question: To Sell of Hold Down the Farm"
N ewsday - Real Estate Section, Friday November 12, 1999.
NYSDEC, 1980, Article 24 ofllie New York State Environmental Conservation Law Freshwater
Wetlands Permit Requirements Regulations. 6NYCRR Part 663, New York State
Department of Environmental Conservation, Albany, New York.
Shubert, C. E., 1998, Areas Contributing Groundwater to the Peconic Estuarv. and Ground-water
Budgets for the North and South Forks and Shelter Island. Eastern Suffolk County. New
York, U.S. Geological Survey Water Resources Investigations Report 97-4136.
Southold, Town of, 1999-1, Draft 1999 Local Waterfront Revitalization Plan, Town of South old,
New York.
N'M
Page 87
Town of South old
Water Supply Management & Watershed Protection Strategy
Southold, Town of, 1999-2, Southold Town Farm and Farmland Protection Strategy, Draft
September 1999, Peconic Land Trust and Town of South old, New York.
Southold, Town of, 1997, Scenic Bvwavs Corridor Management Plan, prepared by the Scenic
Byways Steering Committee, Town of South old.
Southold, Town of, 1973, Code of the Town of Southo1d New York, General Code Publishers
Corporation.
Suffolk County Planning Department, 1999, Ground Watershed Protection and Water Supply
Management Strategy, Southold Township 2000, Draft Report, Suffolk County Planning
Department, Hauppauge, New York.
SCDHS, 1987-1, Suffolk County Sanitary Code-Article 6 Realty Subdivisions and Other
Construction Projects, Amended March 4, 1987, Code of Administrative Regulations,
Hauppauge, New York.
Suffolk County Department of Health Services, 1999, Peconic Estuary Program, Comprehensive
Conservation and management Plan, Draft Report, Suffolk County Department of Health
Services, Riverhead, New York.
United States Census Bureau, 1990, 1990 United States Census.
11M
Page 88
Town of South old
Water Supply Management & Watershed Protection Strategy
APPENDICES
N'IaSI1
Town of South old
Water Supply Management & Watershed Protection Strategy
ApPENDIX A
FIGURES
rI'JI&W
Town of South old
Water Supply Management & Watershed Protection Strategy
ApPENDIX B
EXISTING LAND USE ACREAGE - TOWN OF SOUTHOLD
N""P6W.'
".' .
!,
________....1
, .'~l, .
Table 1 - Existing Land Use Acreage: Town of South old (excluding Fishers Island) -1998
C:\lllRVlLOCALSTU\SOUTHOLD\SHLD-FIWPD
April 5, 1999
Town of South old
Water Supply Management & Watershed Protection Strategy
ApPENDIX C
ZONING DIMENSIONAL/BuLK REQUIREMENTS
.'11&11
,
Fii
f;;:
, ,,",',.":.ii\ii~''J;i;:ii~';;:,,-+,:,; ;",;;;;iili.i;;;j;t:"'C'{;;~",";it\i'1"
'"
Town of Southold
Bulk Schedule for Residential Districls
[Added I-ItMl9 by 1.1. No. 1-19891
Column No. il iii ;. v vi vii Ix x xi xii
Residential Unit
Where Community 2-Familv Detaehl'd
Water and Sewer Dwelli~ in R.NO
DI8lrid A-C R-40 R-80 R-120 R-200 R-400 HD RR RO Available District
Minimum Requirements for I-family detached
d~lJingsl
Lot aite (square feet)
Lot width (foot)
Lot depth (feet)
Froot yan! (foot)
Side yanl (foot)
Both side yards (feet)
Roar yanl (foot)
Livable Door area (square feet per dwelling
unit)
Maximum permitted dimensions:
Lot coverage (pertent)
Building height (feet)
Number of stories
NarES,
I See text of c:hapter and Density and Minimum Lot Size Schedules for applicable districts.
I Except one-bedroom or studio in multiple dwelling may have six hundred (600) square feet. Minimum floor area may be reduced up to two hundred (200) for moderate- and/or lower.-eost
dwellings.
, Except one-bedroom or studio in multiple dwelling may have six hundred (600) square feeL
1lO,000
175
250
60
20
45
75
850
40,000
160
175
60
15
35
50
850
20
35
2~
1lO,000
175
250
60
20
45
75
850
20
35
2~
120,000
200
300
60
30
60
85
850
200,000
270
400
60
30
60
100
850
400,000
270
400
60
30
60
100
850
20,000
75
120
85
15
30
35
850'
20
35
2~
10
35
2~
5
35
2~
5
35
211
20,000
75
120
35
15
30
35
850'
25
35
2~
40,000
150
175
50
15
35
60
850
25
35
2~
20
35
2~
10,000
60
IlO
30
15
30
30
850
160,000
270
400
60
30
60
85
S50
25
35
2~
10
35
2~
2-25-89
r .
Town of Southold
Bulk Schedule for BUlJinell!l, Office and Industrial Districts
[Added 1-UH19 by 1.1. No. 1-1989]
LlO
LB HB B Light Industrial Ll
UmJted Hamlet General M-l M-Il Park/Planned Ught
District - B......... Buaine88 Marine] Marine II Office Park Industrial
Minimum requirements for business. office. indlJS-
trial or other nonresidential use'
Lot size (square feet) 80,000 20,000 30,000 40,000 80,000 120,000 40.000
lnt w;dth (feet) 175 60 150 150 150 200 100
lnt depth (feet) 250 100 150 150 150 300 150
Front yard (feet) 60 I. 50 35 35 75 50
Side yard (feet) 20 10 25 20 25 30 20
Both side yards (feet) 45 25 50 45 50 60 40
Reer yard (feet) 75 25 35 25 25 7. 70
Landscape area (percent) 35 25 35 25 20 35 25
Maximum permitted dimensions
Lot coverage (percent) 20 40 30 30 30 20 30
Building height (feet) 35 35 35 35 35 35 35
Number of stories 2% 2 2 2 2 2 2
NOTES,
I For minimum requirements for residential U8eS, refer fint Ul Density and Minimum Lot Site Schedule for Nonresidential Districts and then to appropriate
indicated column in the Bulk Schedule for Residential Uses. In the Marine I and Marine II Districts, only land above mean high water shall qualify for area
calculations.
2.25.89
.,',,_..... .+"~O;"W,;;'i~T.~.~
Town of SoutboJd
Density and Minimum Lot Size Schedule for Residential Districts1
[Added 1-10-89 by 1.1. No. 1-1989]
R-4O R-80 11-120 R-ZOO R-4OO HD
A-C ResIdential - Re8ldenUal Residential Residential Hamlet RR RO
AgrleuIturaI- Low-Density Low-Density Low-Density Low.Denllity Low.Del1llity Density lleoor' Residential
DbtridB Coneervation (One-Acre) ~Acre) (Three-Acre) (Five-Acre) (Ten-Acre) Residential Residential Office
MINIMUM wr SIZE (........leet~
I-family detached dwelling
Residential unit without utilities 80,000 40.000 80,000 120,000 200,000 400,000 20.000 (vii) 20,000 (vii) 40.000
Residential unit with community water NA NA NA NA NA NA 20,000 (vii) 20,000 (vii) NA
Residential unit with community water NA NA NA NA NA NA 10,000 (xi) 12,000 (xi) NA
ami """"
2-family detached dwelling
2-funily dwelling without utilities 160,000 (xii) 80,000 (iii) 160,000 (xii) 240,000 (v) 400,000 (vi) 800.000 (v;) 40,000 (ii) 40,000 (ii) 80,000 (iii)
2-family dwelling with community water NA NA NA NA NA NA 40,000 (ii) 40,000 (ii) NA
2-family dwelling with community water NA NA NA NA NA NA 20,000 (vii) 20,000 (vii) NA
ODd """"
Multiple dwelling unit or townhouse:
Multiple dwelling or townhouse without NA NA NA NA NA NA 20,000 NA' NA
utilities
Multiple dwelling or townhouse with NA NA NA NA NA NA 20,000 NA' NA
community water
Multiple dwelling or townhouse with NA NA NA NA NA NA 10,000 NA' NA
community water and sewer
Motel, botel or conference center guest
unitt
Guest unit without utilities NA NA NA NA NA NA NA 6.000 NA
Guest unit with community water NA NA NA NA NA NA NA 6,000 NA
Guest unit with community water and NA NA NA NA NA NA NA 4,000 NA
""""
Nonresidential use (as permitted)
Use with or without utilities 80,000 40,000 80,000 120,000 200.000 400,000 NA 40,000 40,000
KEY,
NA = Not applicable.
NOTES,
1 Roman numerals refer to applicable column in the Residential Bulk Schedule. Where no Roman numeral is indicated, refer to the district column in the Residential Bulk Schedule.
! For multiple dwelling, hotel, motel and/or conference uses (where permitted), this table refers to minimum lot area per unit. Refer to the Re8idential Bulk Schedule for total lot size, yard
and setback dimensions for the applicable district, unless more-restrictive requirements are indicated in the text of the chapter.
I [Amended 8-1-89 by LL. No. 14-1989] 10 - 25 - 89
,"~",1!l
-
-
-
-
_.
-'
-., ._, -;'''''-'''~'~-
'<AAtJ
:~
ifnr'1l""", '.~
1#1
Town of Southold
Density and Minimum Wt Size Schedule for Nonre8idential Districtsl
[Added 1-16-89 by 1..1.. No. 1-1989)
LID
LB HO 0 Ughllndustrial LI
Limited Hamlet General M-I M-II Park/Planned Light
District Bushlell8 Business Businel!l8 Marine I Marine II OffICe Park Industrial
MINIMUM wr SIZE (square feet);
Business, office, industrial or other nonresidential use
Use with or without utilities 80,000 20,000 30,000 40,000 80,000 120,000 40,000
l~family detached dwelling
Residential unit without utilities 80,000 (Hi) 20,000 (vii) NA 40,000 40,000 (vii) NA NA
Residential unit with community water NA 20,000 (vii) NA 20,000 20,000 (vii) NA NA
Residential unit with community water and sewer NA 10,000 (xi) NA 10,000 10.000 (xi) NA NA
Hamily detached dwelling
2-family dwelling without utilities 160,000 40,000 (ii) NA NA NA NA NA
(xii)
2-ramily dwelling with community water NA 40,000 (ii) NA NA NA NA NA
2-family dwelling with community water and sewer NA 20,000 (vii) NA NA NA NA NA
Multiple dwelling unit or townhouse!
Multiple dwelling or tnwnhouse without utilities NA 20,000 NA NA NA NA NA
Multiple dwelling or townhouse with community water NA 20,000 NA NA NA NA NA
Multiple dwell inK or I.ownhou!lC with community waler and ~'wer NA 10,000 NA NA NA NA NA
Molel, holel or conference center R'JIelt uniF
Gum IInit without utilities NA 6,000 6,000 NA 6,000 6,000 6,000
GUelt unit with community water NA 6,000 6,000 NA 6,000 6,000 6,000
Guest unit with community water and sewer NA 4,000 4,000 NA 4,000' 6,000 4,000
KEY:
NA;;:: Not applicable.
NOTES:
1 Roman numerals refer to the applicable column in the Residential Bulk Sehedule.
2 For multiple dwelling, hotel, motel and/or conference uses (where permitted), this table refers to minimum lot size per unit. Refer to the Residential Bulk Schedule for total lot size.
yard and setback dimensions for the applicable district, unless more-restrictive requirements are indicated in the text of the chapter.
3 [Amended 8-1-89 by 1..1... No, 14-1989]
9.25 - 91
Town of South old
Water Supply Management & Watershed Protection Strategy
ApPENDIX D
WATER QUALITY TREATMENT DISTRICT LEGISLATION
II'Pal1
I(
I
SUBPART 5-5
WATER QUALITY TREATMENT DISTRICTS
(Statutory authority: Public Health UW. S 225)
Sec.
I
5-5."1
5-5.2
5-5.3
5-5.4
5-5_5
5-5.6
5-5.7
Purpose
Applicability and scope
Definitions
Submission for approval
Amendments and modifications
Watcr quality
District operation
II
~
Historic:aJ Note
Subpart (~~ 5-5.1-5-5_7) filed Nov. 7. 1988 eff. Nov. 28. 1988.
J
!i 5-5.1 Purpose.
The roles contained in this Subpart have been promulgated to provide protection for persons
served by nonpublic water supplies. and to conform to the requirements of the County Law and
the Town Law.
.
\I
Historical Note
Sec. filed Nov. 7.1988: amds. filed: March 19. 1991 as emergency measure. expIred 90 days
after filing: June 18. 1991 eff. July 3. 1991.
'I
!i 5-5.2 Applicability and scope.
This Subpart sets the requirements for State approval relating to the formation and operation of
water quality treatment districts within New York State.
I(
Historical Note
See..filed Nov. 7.1988 eff. Nov. 28.1988.
I
!i 5-5.3 Definitions.
As used in this Subpart. the following words and terms shall have the indicated meaning.
except as otherwise specifically provided:
(a) Nonpub.lic war~r system means any water supply serving less than 25 individuals on i1
daily basis and having less than five service connections.
(b) point-or-us< ,,,,almen' means any type of chemical added to the water or any type of
treatment device or system of devices installed on a water line within the property line of a
consumer or on a nonpublic water source to improve wa.ter quality.
(c) Service connection means the peninent pip.es. valves and fittings that connect a distribu-
tion system to a consumer's facility.
(d) State means the State Commissioner of Health. or his designated representative.
(e) Water quality treatm~nt district means a district established under applicable provisions
oC the County Law and the Town Law which allow county or town ownership and operation of
point-oC-use treaunent systems.
-;Ii
"i'
.-"i,"
\~
,
~
'~
,,]1
I
Historical Note
Sec. filed Nov. 7.1988; amds. filed: March 19. 1991 as emergency measure. expired 90 days
after filing: June \8. 1991 eff. July 3. 1991. Amended (b). (e).
I
1-1-95
(Reissued 7(95)
113
Health
I
~
ll~
.
~ 5-5.4 Submission for approval.
Maps. plans and specifications submitted to the State for approval shall be signed and sealed by
an engineer licensed to practice in New York State. Approval will be based on completeness of
submission. appropriate treatment for the contaminants. demonstrated effectiveness of treaOUenl
units. provision for adequate installation. operation and maintenance of treatment units and
protection of the occupants and operators. Submissions shall include. but are not limited to. the
following items: .
(al A map of the proposed water quality treatment disaict. The map or maps shall include:
(I) location of disaict boundaries:
(2) existing public water system boundaries adjacent to or within the proposed water
quality treatment district:
(3) sites of proposed installation of point -of-use treatment systems:
(4) sites of samples collected to detennine water quality. Number and distribution shall be
adequate to detennine extent and degree of contamination: and
(5) sites of existing installations of point-of-use treatment systems.
(b) Plans and specifications of the proposed point-of-use treatment systems.
(c) Plans and specifications of typical installations.
(d) An engineering repon detailing the following items:
( I 1 test results of sampling conducted to determine water quality at water sources within
the proposed disaict;
(2) alternate non-point-of-use treatment solutions considered:
(3) alternate typos of point-of-use treatment considered:
(4) results of pilot srudies:
(5) recommended alternative showing the type and location of proposed point-of-use
rreaunent systems;
(6) evaluation of existing point-of-use treatment systems and necessary improvements:
(7) operation and maintenance of the point-of-use treatment installations:
(8) operator qualifications and training;
(9) administration and financing of the water quality treatment district. If all or pan of the
water quality treatment disaict services are to be subcontracted to another agency. private
company or individual by the county or town. the qualifications and responsibilities of the
subcontractor shall be included:
(10) monitoring (parameters and frequency) of the point-of-use treatment systems and
sources within the water quality treatment district: and
( 11) disposal of waste water and materials.
~
I
,
II
"'j'
,,'-
f ~
:-'
i1
,,:'1
~rm
fli
'2*}1
1,,'
",
""'," ".
''''I
~.'
&!$i
('9
)~I
Historical Note
Sec. filed No\'. 7.1988: amds. filed: March 19. 1991 as emergency measure. expired 90 days
after filing; June 18. 1991 eff. July 3.1991.
\11"
\~~
:,__','c
,
~ 5-5.5 Amendments and modifications.
All amendments to water quality treatment district plans and modifications to tbe approved
plan of operation must be submitted to the State for approval before adoption.
Historical Note
Sec. filed Nov. 7. 198&: armis. filed; March 19. 1991 as emergency measure. expired 90 days
after filing: June 18. 1991 efL July 3.1991.
".
!::_-
;, "
114 Health
(Reissued 7/95)
\.\.95
~
,.
;
CHAPTER! STATES~~ARYCODE
~ 5-5.7
~.
I
~ 5-5.6 Water quality.
Treated water quality must meet all applicable water quality standards or guidelines for
community water systems as defmed by Subpan 5 -1 of this Pan.
Historical ~ol~
Sec. filed Nov. 7. 1988: amds. filed: March 19. 1991 as emergency measure. expired 90 days
after filing; June 18. 1991 eff. July 3.1991.
I
~ 5-5.7 District operation.
The water quality treatment district shall comply with all conditions detailed in the written
approval from the State. and all provisions of this Subpan.
(a) All treatment systems in the water quality treatment district shall be under responsible
charge of an operator with demonslI"ated knowledge and experience with the type of treaunent
systems in use in the district as determined by the Stale:.
(b) The water quality treatment district shall monitor treated and untreated water for the
parameters and at the frequency stated in the written approval. Samples taken to demonstrate
compliance with water quality standards or guidelines shall be analyzed in an approved laboratory
as defined by section 5.1.74 of this Pm. Analysis of operational samples shall be made by an
analyst with demonstrated competence using appropriate equipment. as determined by the State.
(c) The water quality treatment district shall repon all available sample results to the State
quarterly within 15 days of the end of a quarter. except when treated water exceeds a standard or
guideline requiring State notification. Results exceeding a standard or guideline requiring State
notification shall be reported to the Slate and to the impacted consumers in the water quality
treatment district within 48 hours of learning the results.
(d) The water quality treatment district shall submit an annual report covering the previous
calendar year to the State on or before July I st each year. The annual repon shall contain. but not
be limited. LO the following applicable items:
(1) number. type and location of treatment systems in service. and the number and type of
treatment systems added or deleted during the year;
(2) effective life of units;
(3) treatment system failures;
(4) maintenance problems;
(5) operational problems;
(6) supply problems;
(7) changes in types of lreaunent devices in service;
(8) consumer complaints:
(9) summary and trends in monitoring test results:
(10) changes in water quality treatment district boundary;
(11) changes in water quality treaODent dismct operational and/or administrative proce-
dure; and
(12) list of names. addresses and telephone numbers of administrators and operators afthe
water quality lreatment district.
I
I
I
I
I
I
I
I
I
I
I
Historical ='lote
Sec. filed :"oJov. 7.1988: amds. filed: March 19. 1991 as emergency measure. expired 90 days
after filing: June 18. 1991 efr. July 3.1991. Amended (aHc).
I
I
1-1-95
(Reissued 7/95)
115
Health
I
~
t:1