HomeMy WebLinkAboutOpen Space Policy Suffolk County Legislature 1980Repo;t to the
SUFFOLK COUNTY LEGISLATURE
Offioe of the
COUNTY
EXECUTIVE
PETER F. COHALAN
...COUNTY EXECUTIVE
OPEN SPACE POLICY
MAY 1980
Report to the Suffolk County Legislature
by
PETER F. COHALAN
COUNTY EXECUTIVE
OPEN SPACE POLICY
Februa~ 26,1980
PREFACE
At my request the staff of the Suffolk County Planning Department has updated and put
together in this brief document a status report on the various elements that constitute the County's
various interests in open space. Specifically, it is my desire to present a complete and comprehen-
sive review of the County's position towards open space programs, with my recommendations for
action that should enable Suffolk County to achieve a total, sensible and meritorious set of policies
and recommendations to serve such needs, now and into the future.
The elements I have asked to be covered include recommendations for County acquisitions
for park and recreation purposes, optional policies for farmland protection, an explanation of the
proposed Peconic/Flanders sanctuary program, mariculture developments as they affect lands
under water, recommendations for the implementation of the nature preserve and historic trust as
called for in the Suffolk County Charter, and recommendations for the protection of our priceless
aquifer in terms of open space implications,
I have also directed my staff to give maximum attention to the achievement of County policies
which enable local governments to play major roles in these efforts. I have also requested that, to
the extent possible, attention be clearly paid to the desire to produce the maximum results at the
least dollar cost. I am, therefore, pleased to indicate that the objectives I set forth have been met in
spirit and in fact. I commend this study to the members of the Suffolk County Legislature so that
together we may set the pattern of a desirable and vital open space network that current and future
generations of our citizens will benefit from.
February 21,1980
Peter F. Cohalan
III
FOREWORD
INTRODUCTION--Since 1960, the County has been active in acquiring properties for general
park and conservation purposes. The County has also attempted to preserve other properties for
agricultural use based on the quality of agricultural soils. Several reports have been made since
1960 by the Suffolk County Planning Commission leading up to a comprehensive and ultimate
open space program for the County. Elements of the earlier proposals, however, were based on
information then available and, therefore, were not totally comprehensive. As a result of the last
decade's research in the quality of our water, and the proper management of our priceless coastal
resources, we are now in a position to discuss the ultimate and truly comprehensive open space
program for our county.
The major elements include recommendations to complete our general park and conserva-
tion program; new approaches for farmland acquisition; coastal management; nature preserve
and historic trust designations; pine forest protection; and last, but certainly not least, watershed
protection.
PARKS--Figure 2 indicates those properties th-at the County has acquired. It amounts to approxi-
mately 16,000 acres and is, perhaps, one of the most successful county park acquisition programs
in the nation. It is a program that is almost complete. I would like to recommend consideration for
eleven additional properties which I believe would give Suffolk County a complete park and
conservation land inventory. Two of the key parcels are Robins Island--Town of Southold; and the
Maple Swamp, contiguous to the existing Sears Bellows County Park.
The list includes the protection of Gardiners Island, with the recognition that its acquisition
would probably be more suitable at the State level. It would also be acceptable if the island were
preserved by means of a Gardiner Family Trust established in perpetuity. There are several
additional parcels along the Peconic River that I feel are crucial to the ultimate protection of one of
the most valued scenic rivers on the Island. I will come back to my specific recommendations as to
priorities when I discuss my concerns about the proposed Peconic Flanders Marine Sanctuary.
FARMLAND PRESERVATION--In 1960, the Planning Commission first recommended the
preservation of 30,000 acres of agricultural lands. This recommendation was based in part on the
quality of agricultural soils, and in part on the realization that these lands were an important
economic element to eastern Suffolk County. Eight years ago, the County embarked on a
proposed $55,000,000 development-right program which eventually might set aside approxi-
mately 15,000 acres of such lands. In Figure 3, those areas denoted in yellow indicate the 30,000
acres recommended by the Planning Department, based on the prime quality of soils. The Suffolk
County Legislature appropriated $21,000,000 to accomplish the first phase of this program. After
eight years, we have only set aside 3,400 acres. At that rate, it is obvious that the chance to
achieve a total program is not too realistic. I wish to stress at this point that the preservation of
these farms is indeed a high priority with me. However, I believe we must broaden the means for
such achievement. In my message to the Legislature in January, I stressed that in addition to a
sound environment for this County, two other concerns, the strengthening of our economy, and an
increased and hopefully, harmonious working partnership with the various local governments
were my prime objectives. The farm program itself presents one of the more direct means to
achieve all three purposes. I, therefore, would make the following recommendations:
1. Of the original $21,000,000, $9,000,000 still remains to be committed. I, therefore, am going to
immediately call upon the Farm Select Committee to meet at the soonest possible time in
order for them to make recommendations to my office for suitable acquisitions to complete the
$21,000,000 Phase 1 effort. In this respect, I specifically am going to direct the committee to
pay attention to the possibility of acquiring a major farmland in the western portion of Suffolk
County in order to promote a balanced program geographically; and to preserve in the more
urbanized area of the County land that will stand as a testimony to the agricultural history of the
County.
IV
2. I am going to recommend to the Suffolk County Legislature that in place of the overall
$55,000,000 program that consideration be given to cutting that program back by
$24,000,000. In other words, after Phase 1 is complete, the legislature should give considera-
tion to the appropriation of a $10,000,000 pool to be used for those properties that will be
integral and essential to an overall program and which cannot be acquired by any other
means. This tremendous saving can be realized if we receive the cooperation of the towns. I,
therefore, would like to suggest that the towns consider the next recommendation.
3. All of the properties that are indicated in Figure 3 as constituting prime farms be placed in
the higher zone categories existing in the County. Brookhaven and East Hampton Towns
placed a significant amount of land in a two-acre zone category and successfully defended
such zoning in two Supreme Court actions and a Federal Court action. The m~ajor argument
used by the various Justices to sustain the validity of the town zoning was based on
environmental and planning data developed by the County, which clearly established the
scientific correlation between zoning and environmental protection.
If density modification or simple clustering occurs, it will be possible to greatly expand
farmland preservation. The proper application of such techniques can easily preserve existing
community character, protect the tax base, provide full yield to the owners and developers, and
maintain the agricultural industry.
The Town of Southampton has initiated an imaginative ordinance--65/35, which provides
that for those lands within the 60,000 square foot zone, 2/3 of such lands could be set aside
permanently at no cost to the government and at no loss to the owners, with the remaining 35% to
be used for development. In this fashion, the town does not suffer any tax loss. In fact, a good
argument could be that the tax base could be enhanced because of the superior quality of the
development. Since the preservation of farms could be of maximum concern to the towns
involved, as well as to the County in general, I intend to call an immediate meeting of the
Supervisors of Brookhaven, Riverhead, Southold, and Southampton to share these thoughts
directly with them and to press for favorable consideration. If this were to take place, I believe we
could achieve the 1960 goal of saving up to 30,000 acreas of land and at considerably less
expense. This approach not only would produce more beneficial open space protection for the
County, but directly benefits the economy in two senses--one, the saving in public expenditure for
the initial acquisition; the protection of agriculture is the second key element of the East End
economy.
MARINE SANCTUARY--I would now like to briefly mention the current proposals for the Marine
Sanctuary in the Flanders/Peconic Bay area. The benefit of the Marine Sanctuary Program is that
it would enable New York to receive at least $2,000,000 in Federal funds to assist in land
acquisition. However, a great deal of controversy has arisen over this program due in large part to
the lack of understanding of what the program is all about. The State has filed for a $55,000
planning grant from the Federal Government to work with a planning steering committee to be
composed of major representatives of eastern towns to develop a set of management guidelines
for the proposed sanctuary. This planning program has to address all of the concerns and fears
that already have been raised by some citizens and government representatives from the eastern
towns. However, the crucial question at this moment is the protection of certain parcels that are in
imminent danger of being lost forever. At this point, I would return to my initial recommendations
for park acquisitions when I referred to Robins Island and the Maple Swamp.
Robins Island, a property of some 400 acres, is now owned by a foreign group of speculators,
and is in imminent danger of subdivision and development. In my opinion, Robins Island is one of
the most valuable open space properties along the eastern seaboard. Its value to the entire
Peconic system in terms of maintaining the bays' pristine quality is obvious. Development cannot
help but to lower the quality of the surrounding waters. Therefore, I intend to request of the Suffolk
County Legislature that action be immediately taken for the acquisition of Robins Island by the
County of Suffolk. This will achieve the prime objective of preserving this piece of land. In the event
the people of Suffolk County do not wish to support the Marine Sanctuary after all the information is
available, then the title to Robins Island and the control thereof will remain with the County.
V
However, if the public desires to support the Marine Sanctuary concept, then the County of Suffolk
could relinquish its interest to the State of New York.
The second area that I consider to be of high priority is the Maple Swamp. Five-hundred
thousand dollars has been set aside through the New York State Council of Parks for the
acquisition of this property. This Suffolk County Legislative body has placed the acquisition of the
Maple Swamp within the County's capital program. Time is of the essence. If the County does not
take action prior to September 1 st, the State will interpret this as a lack of interest in the part of the
County and will withdraw their commitment of $500,000 in support. I would point out that such
withdrawal was to take place this month. It was specifically at my request for a six-month
delay--so that I could present this matter to your attention. The County has several options
relative to Maple Swamp. One would be the total acquisition at this time. Another approach would
be the appropriation of $2,000,000 for the acquisition of key parcels contiguous to the County
holdings. With the addition of the State's contribution, this should mean the acquisition of half of
the proposed taking. This would represent, in my opinion, a minimum approach.
NATURE PRESERVE AND HISTORIC TRUST--In accord with Suffolk County Charter require-
ments, I am offering detailed recommendations which may be found on pages 25 through 29 for
your consideration.
AQUIFER PROTECTION--The last item I wish to discuss with you, is that area of Brookhaven,
Riverhead and Southampton that was referred to as Zone III in the County's Comprehensive
Water Management Program. Zone III represents an absolutely unique environmental regime with
a multiple of reinforcing open space objectives. Simply Zone III represents the major pristine deep
recharge aquifer area on all of Long Island. The water is of superb quality and significant quantity.
It is, therefore, imperative that uses be limited in order to ensure such protection. It is also the
location of the headwaters of two of the four major scenic rivers on Long Island, the Carmans and
Peconic. In addition, it includes significant agricultural lands and some of the finest pine forest,
including dwarf species, on Long Island.
In Figure 5, the area bordered in white indicates Zone Ill. My recommendations for Zone III
includes conservation of significant agricultural lands, proposed county acquisitions, proposed
non-county acquisitions (Federal, State or private), and proposed locations for cluster
development.
An additional recommendation for Zone III would be that those areas indicated in Figure 5,
which represent the majority of the undeveloped private open space, be placed by the towns in the
higher zone category similar to the recommendation that I have made relative to farmland
protection.
The history of the Town of Brookhaven and the Town of Islip when I was Supervisor clearly
has proven to me the value of applying clustering to build better communities and at the same time
achieve open space observations. In view of the fact that this area is so vital to all of the people of
Suffolk County, I feel that concentration should be given by the towns to these proposals.
Clustering would also automatically protect thousands of acres of pine forest that at the present
time have no other means of protection. Despite all of the talk, there is no current funding program
to actually protect these areas.
In summation, let me observe that for the first time the Legislature has before it a total Open
Space Program for its consideration. What you and the Towns do now, or do not do, will set the
path for this County for its entire future.
Thank you,
Feb. 26, 1980 Peter F. Cohalan
(Comments addressed in public session before the Suffolk County Legislature.)
V~
EXISTING SUFFOLKCOUNTYPARKS
Suffolk County has 47 properties totaling over 17,500
acres, Table 1 is an inventory of the existing parks, and lists
the town or towns in which they are located and the size of
the park. Some park acreages include underwater lands.
Table 1: County Owned Open Space
Number Name Town
# of Acres
t
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Bergen Point County Golf Course
Berkeley Jackson County Parkland
Blydenburgh County Park
Bohemia County Equestrian Center
**Carlrs River
Cathedral Pines County Park
Cedar Beach County Parkland
Cedar Point County Park
**County Owned Islands
Cranberry Bog
Cupsoque Beach County Park
Hubbard County Park
Gardiner County Park
Goldsmith inlet County Park
Harbor Arts Center County Park
Indian Island County Golf Course
indian Island County Parkland
Indian Island County Park
Islip Point Pond Park
Islip Greenbelt County Preserve
Islip Meadows County Nature Preserve
Lakeland County Park
Landing Avenue (Nissequogue Uplands)
'*Long Dock
Makamah County Nature Preserve
McAilister Park
Meschutt Beach County Park
Montauk County Park
Nissequogue River Wetlands
Northwest Harbor County Park
Peconic Dunes County Park
Peconic River County Park
Poxabogue (Long Pond)
Sans-Souci Lakes County Nature Preserve
Sears Bellows County Park
Shinnecock County Park
Smith Point County Marina
Smith Point County Park
Smithtown Greenbelt
Suffolk Community College East
Suffolk Hills County Park
Southaven County Park
Timber Point County Golf Course
Van Bourgendien Nurseries
**Vanderbilt Museum
West Hills County Park
West Sayville County Golf Course
Babylon
Huntington
Smithtown
Islip .
Babylon
Brookhaven
Southold
East Hampton
Babylon
Southampton
Brookhaven
Southampton
Southold
Huntington
Riverhead
Babylon
Riverhead
Smithtown
Southampton
Huntington
Brookhaven
Southampton
East Hampton
Smithtown
East Hampton
Southold
Brookhaven
Riverhead
Southampton
Southampton
Southampton
Southampton
Brookhaven
Brookhaven
Smithtown
Southampton
Southampton
Brookhaven
Brookhaven
Babylon
Huntington
Huntington
Total
240
102
588
174
37
322
62
608
737
211
244
1,349
231
34
31
157
87
287
37
153
87
8O
97
1
160
76
20
1,185
35
337
37
2010
24
302
693
4O7
168
2,295
118
10
985
1,338
239
19
47
854
251
17,566
**General County Purposes
PROPOSED PARK ACQUISITIONS
The land areas proposed for acquisition include sites
of important natural environments and resources. The
criteria used for determining a proposed site includes
1 ) uses for both passive and/or active recreation activities;
2) a unique environmental resource of the region; 3) a
prime aquifer recharge area; 4) sites of scenic or arch-
eological importance and 5) sites for the protection of
prime wildlife habitats.
A descriptive text has been compiled of recommenda-
tions for proposed Suffolk County acquisitions. Each site
contains the name of the town, the proposed acreage,
activities and a site description. The activities listed illus-
trate the existing site uses. Due to the fact that these lands
are proposed acquisitions, there are limited or no parkland
activities at the present time. The site descriptions include
the abbreviations L.C.U. (Land Capability Unit) and
G.A.C.P.'s (Geographic Areas of Particular Concern).
These are described as follows:
*The Land Capability System is a tool for the identifi-
cation of a range of environmentally acceptable uses in
advance of public and private decisions as to the best use
of a particular site. This System categorizes land areas
according to their ability to support various land uses and
related activities. The assignment of land areas to Land
Capability Units is based upon physical and Iocational
characteristics. Land Capability recognizes the varying
ability of the environment to tolerate development that
results from the differences in physical and biological pro-
cesses that characterize the various environmental
resources on the Island.
Land Capability Unit I (L.C.U. I)--the land resource can
support almost any use or activity with minimal envi-
ronmental effects if adequate water supplies are available
and controls are imposed to assure the maintenance of
groundwater and freshwater (~ualitv.
Land Capability Unit II (L.C.U. II)--the environmental
resource can support most land use activities provided
steps are taken to mitigate adverse environmental effects.
This unit is characterized by somewhat more vulnerable
*Developed as a part of Coastal Zone Management, 1977.
resources, including areas of natural vegetation and
associated wildlife habitats.
Land Capability Unit III (L.C.U. III)--the environmental
resoume can support selected uses, provided steps are
taken to limit the intensity of use and to mitigate adverse
environmental effects. This unit is characterized by
increasingly valuable resources including prime farmland,
prime aquifer-recharge areas, pdme wildlife areas, signif-
icant watershed areas, and buffer zones.
Land Capability Unit IV (L.C.U. IV)--any development
can be expected to result in moderated to extreme degra-
dation of the resource. Areas in Land Capability Unit IV are
recommended for preservation. This unit includes the re-
sources that cannot tolerate development except in an
extremely limited sense. The resource unit includes the
dune system on the barrier islands, small islands, tidal
marsh, freshwater marsh, and the area immediately next
to the water's edge (either fresh or marine waters), the bluff
face, and areas where the depth to seasonal highwater is
less that 3 feet.
GEOGRAPHIC AREAS OF PARTICULAR
CONCERN (G.A.P.C.)
Section 305(b) (3) of the Coastal Zone Management
Act, Sections 920,13, November 29, 1973, address the
important topic of "geographic areas of particular concern"
These are specific geographic areas where natural
features, environmental processes, man's works, or exist-
ing and potential economic and recreational opportunities
merit further protection, preservation or enhancement.
The G,A.P.C. plans are consistent with the open
space plan. Descriptions of all 37 G.A.P.C.'s were pre-
pared and submitted to the State in a two-volume report
entitled, "Nassau-Suffolk Planning Board Management
Plans for G.A.P.C.'s in the Nassau-Suffolk Coastal Zone"
(March 1978). (See Figure 1)
Figure 2, "Proposed County Open Space Programs",
illustrates the following proposed county acquisitions
A T L A N T I C
0 C E A N
Figure 1--Location of G.A.P.C.'s
(within the Nassau-Suffolk Region)
3
(including those listed in the capital budget that are less
than 3% completed). The map also includes other open
space program proposals described in other sections.
Recommended sites:
1. Baiting Hollow/Roanoke Point (363 acres)-
Town of Riverhead
Activities: Golf, private camping with developed
shorefrent facilRies, and a substantial amount of
seasonal housing,
Site Description: Tidal wetland, beach and bluff,
and Prime Wildlife Area. The Baiting Hollow area,
as identified in the GAPC recommendation, falls
into L.C.U. IV and III. There is an additional parcel at
Roanoke Point, a Long Island Sound Study
recommendation,
2. Barcelona Neck (355 acres)--Town of East
Hampton
Activities: Golf--a nine hole course.
Site Description: Large forests and salt marsh
areas, freshwater marsh, prime wildlife area,
maritime shrubland and dunes. All of the ponds and
marshes are in L.C.U. IV and significant areas
bordering the marshes are in L.C.U. III.
3. Carlle River (29 acres)--Town of Babylon
Activities: None at present.
Site Description: A drainage way affording fresh-
water refuge to wintering waterfowl. It is part of the
Belmont Lake watershed and is a classified bass
and trout stream. The entire site fails into L.C.U. III
and IV.
4. Carman's River (430 acres)--Town of
Brookhaven
Activities: None at present.
Site Description: There are several sites proposed
for acquisition adjacent to the Carman's River. One
of the parcels is located south of the Middle Island
Country Club, east of the river. This property is
owned partially by the County (approximately two-
thirds) and partially by private concerns (approxi-
mately one-third). The privately owned lands are
proposed for acquisition in order to protect the
Carman's River and to obtain a contiguous open
space area adjacent to the river. The Beckmann
Estate, on the western side, and areas adjacent, on
the eastern side of the river, is another parcel of
land proposed for acquisition. This property is
located north of Long Island Avenue and south of
Main Street in Yaphank. An additional site lies south
of Sunrise Highway and north of Long Island
Railroad tracts on the east and west banks of the
Carman's River. These sites are located in L.C.U. III
and IV and contain a variety of ecosystems includ-
ing both fresh and saltwater marshes. It is a prime
waterfowl watering area. Woodland pamels are
~| dispersed throughout the various sites.
5[ Dwarf Pine Forest (190 acres)--Town of
~ ~ Southampton
Activities: None at present.
Site Description: This area is located northwest of
the Suffolk County Airport and south of Sunrise
Highway in Westhampton. The majority of property
is currently owned by Suffolk County. The privately
owned parcels are proposed for acquisition in order
to create a contiguous parcel of dwarf pine vegeta-
tion. This site is in L.C.U. III and IV. It is a prime
wildlife area exhibiting a unique forest habitat of
dwarf pines and contains unique and rare species.
6. Gardiners Island (3,380 acres)--Town of East
Hampton
Activities: None at present.
Site Description: Freshwater and saltwater
marshes, extensive maritime shrubland, farm
fields, "virgin" woods, dunes, and a Prime Wildlife
Area. Also, many rere plants, the largest known
breeding colony of Osprey on Long Island, and
historical and archeological sites. Most of the Island
is in L.C.U. III with a large area in L.C.U. IV and Il.
7. Long Pond Greenbelt (800 acres)--Town of
Southampton
Activities: None at present.
Site Description: This complex of ponds is one of
the finest wildlife habitat areas remaining on Long
Island. There are large areas of freshwater marsh,
some forest, old fields and active farms, and small
pockets of development. It is a Prime Wildlife Area.
A large portion of the site is in L.C.U. IV which is
buffered by L.C.U. II1.
8. Maple Swamp-Birch Creek (2,000 acres)--Town
of Southampton
Activities: None at present.
Site Description: An exceptionally diversified wild-
life area with freshwater marsh, ponds, pine bar-
rens, Pine/Oak woods, rare plants, a Prime Wildlife
area and expansive views to Shinnecock Bay and
the ocean from the high points. The site is in L.C.U.
IV and II1.
9. Nissequogue River (50 acres)--Town of
Smithtown
Activities: None at present.
Site Description: The river shoreline is in L.C.U. IV
with the inlands in L.C.U II1. The site includes salt
and freshwater wetlands, forests and a Prime Wild-
life Area.
10.
Peconic River (1,250 acres)--Town of Riverhead
and Brookhaven
Activities: None at present.
Site Description: There are a series of parcels prop-
osed for acquisition which are shown in Figure 5
"Open Space Plan for 208 Zone IIr'. The pro-
posed acquisition land areas are "connecting
properties" between existing county owned par-
cels. When these connecting parcels are acquired,
a continuous greenbelt and buffer zone will be
created along large portions of the Peconic River.
The locations of the proposed sites are 1 ) situated
along the southern border of the Peconic River
County Park, 2) an "outparcel" located within the
park property, 3) a parcel between Swan Pond
Golf Club and the Peconic River County Park, and
4) other properties west of the Federal properties,
south of the Grumman airstrip. These sites primar-
ily contain diverse upland forests and extensive
11.
Note:
freshwater marshes near the waters edge. It is con-
sidered a Prime Wildlife Area. Acquisition of this
property would extend the preservation of the Pe-
conic River Watershed eastward from the Peconic
River Park. The entire complex is in L.C.U. IV and
II1.
Robins Island (460 acres)---Town of Southold
Activities: None at present.
Site Description: Mature oak forest, Prime Wildlife
Area, small bluffs, freshwater and saltwater marsh,
maritime shrubland and Peach. Three-fourths of the
site is L.C.U. III and the remainder is in L.C.U. IV.
This island contains several prehistoric Indian
Amhaeological sites.
The 11 acquisitions, totaling over 9,000 acres, in-
clude Gardiners Island. This property has been un-
der recommendation since 1960 for acquisition by
the State of New York. Thus the property for County
acquisition would total approximately 6,000 acres.
Table 2: Proposed Park Acquisitions
Site Acres Town
1. Baiting Hollow/Roanoke Point 363 Riverhead
2. Barcelona Neck 355 East Hampton
3. Carlls River 29 Babylon
4. Carmans River properties 430 Brookhaven
5. Dwarf Pine Forest 190 Southampton
6. Gardiners Island* 3,380 East Hampton
7. Long Pond Greenbelt 800 Southampton
8. Maple Swamp-Bimh Creek 2,000 Southampton
9. Nissequogue River 50 Smithtown
10. Peconic River 1,250 Riverhead and Bmokhaven
11. Robins Island 460 Southold
9,307
*See above note. It is also possible to preserve Gardiners Island by means of a family
trust established in perpetuity.
COOPERATIVE COUNTY PARK PLANNING
Suffolk County has been declared an urban area by
the Heritage Conservation and Recreation Service
(HCRS). Federal funding provided by the Urban Park and
Recovery Program (UPARP) will enable the County Plan-
ning Department staff, cooperating with the towns and
villages and citizens, to prepare a comprehensive, County-
wide Five-Year Recovery Action Plan for all the park and
recreation systems contained within. The plan will require
the cooperation of town, village and county recreation and
planning personnel and the involvement of a citizens' ac-
tion committee. This detailed plan will include a complete
park and facility inventory, and an analysis of needs of the
park users, including transportation needs, an identifica-
tion of recreational goals, development of recreation
priorities, development of priority proposals, and im-
plementation strategies.
The first year emphasis for the UPARP program will
be on the urban neighborhood parks, those existing parks
that have the greatest potential of being rehabilitated to
improve recreational services for the lower income citi-
zens, elderly, handicapped and the socially disad-
vantaged.
One of the goals of this effort is to improve close to
home, year-round recreational services and programs.
Another goal is to provide improved accessibility to the
county regional parks, so that citizens can have increased
recreational experiences in naturat areas of high environ-
mental quality.
On the basis of this plan, rehabilitation and innovation
proposals will be submitted to HCRS for funding for the
towns and villages to improve their park services.
5
FARMLANDS PRESERVATION
In November 1960 the Suffolk County Planning Com-
mission, in its report, People and Parks, recommended the
preservation of approximately 30,000 acres of Suffolk
County prime farms. This recommendation was repeated
in subsequent years and was included as a recommenda-
tion in the Comprehensive Development Plan adopted by
the Suffolk County Legislature in 1972. (See Figure 6)
In 1972 the Suffolk County Legislature authorized the
establishment of a farmlands acquisition program. This
program, to be conducted in three phases, was estimated
at $55 million for the purpose of acquiring development
rights to approximately 15,000 acres of farms. A first phase
of $21 million was authorized by the Legislature. In the
intervening eight years approximately 3,400 acres of land
has been set aside in accord with this program. Approxi-
mately $12 million has been expended between 1972 and
1980. It is now time to carefully and realistically reevaluate
this program. If past experience is any indication of future
accomplishment, it is clear that linking the entire program
to one means of acquisition will fall short of the objective,
namely, to protect a sufficient amount of Suffolk farms to
insure the vitality of the agricultural industry itself. A sec-
ond problem is that the commitment of such large sums of
money to one aspect of the County's open space needs
has been at the expense of other equally meritorious ob-
jectives. Other options can and should be given considera-
lion at this time.
Agricultural Districts--New York State Agricultural Dis-
tricting Law provides for the creation of agricultural districts
for a period of eight years for the purpose of making farm-
ing possible within the time period, at no acquisition cost to
the general public. Although the program is not permanent,
it does relieve some of the immediate pressure to remove
farms from active use. The Town of Southold has estab-
lished a district between Mattituck and Orient Point of
approximately 3,000 acres. An additional 900 to 1200
acres is currently under consideration in the Town of
Brookhaven. Thus, agricultural districting has already set
aside almost as many acres as the County's development
rights program. To the extent possible, this program
should be encouraged. (See Figure 6)
Density Modification--Town and village law allow
municipalities to modify subdivision designs in order to
achieve open space and other public purposes by altering
the size of individual development lots, while at the same
time maintaining overall density of development. These
progams have been successfully used in Huntington,
Smithtown, Islip, Brookhaven, and East Hampton to
achieve and maintain desired open space at no acquisition
cost to the public, and at no development loss to the private
owner or to the taxing jurisdiction. Such programs am
totally under town and village control and, therefore, do not
violate the concept of home rule. The Town of Southamp-
ton has been giving active consideration over the past year
to one application of this method. For those areas currently
zoned for 60,000 sq. ft. it is possible for development to be
placed on 35 percent of the land, with the remaining 65
percent to remain permanently open. If this concept is
applied to farmlands, it would mean the communities
would achieve more cohesively designed residential
areas, municipal cost for services would be minimized, and
agricultural lands could be preserved at no public acquisi-
tion cost. Thus we have a mechanism for greatly expand-
ing the County's farmlands preservation program that
would not require large sums of public monies. All that is
required is town initiative and support. If the majority of
Southold, Riverhead, Brookhaven, and Southampton
prime farms were rezoned to the highest zoned category,
60,000 sq. ft. to two acre zoning, it would then be possible
to apply the Southampton model or one similar to it, to
achieve the above purpose. This could produce between
15,000 and 20,000 acres of farmland protection as men-
tioned above. The portions to be operated as farms could
be maintained in private ownership. It would be important,
however, that the towns or the County receive the develop-
ment rights to such lands at the time of subdivision in order
to maintain these lands for farm use in perpetuity.
The 30,000 acres of optimal farmlands, as identified in
accordance with soil quality, are mainly in a one acre
zoned category at the present time. It is possible to apply
the density modification concept at the present time. Obvi-
ously a strengthening of the zoning would make this type of
approach more feasible.
Development Rights---There is currently $9 million avail-
able in the initial phase of the development rights program.
The Farm Select Committee is in the process of identifying
useful parcels in keeping with the already completed pro-
gram. If this program is carried to completion it should yield
an additional 2,000 to 3,000 acres. If density modification
and agricultural districting are encouraged, it may be pos-
sible that up to 30,000 acres of Suffolk's prime farms may
be saved. If those techniques are not employed, it is a
surety that farmland preservation, to a significant degree,
will not be accomplished. It is therefore recommended:
1. the existing $9 million remaining in the first phase of
the program be committted as quickly as possible
2. that steps be taken to preserve at least one major area
in western Suffolk County as a working testimony to
the importance of agriculture in the County's history
and economy
3. that the Suffolk County Legislature give consideration
to the establishment of a $10 million fund to be used for
those properties that can not be acquired by either
density modification or agricultural districting.
6
MARICULTURE
The marine resources of Long Island's coastal zone
support two industries: the commercial fishing industry and
that segment of the Island's tourism/recreation industry
pertaining to recreational fishing. Mariculture, or the
growth of marine organisms under controlled conditions,
can bolster both of these industries. The Island's marine
environment offers opportunities for the controlled culture
of selected species of shellfish, crustaceans, finfish and
marine plants. Such activity could lead to expansion of
marine related employment. Public stocking programs
could also increase resources available to public ground
commercial fishermen and sportsmen. However, growth of
mariculture on Long Island will require a change in at-
titudes on behalf of government and the public, and the
implementation of baywide resource management plans
that allocate specific areas to competing uses. Improved
management, and in some cases restrictions, will be
necessary to assure equitable access to marine recources
by competing groups.
Mariculture is defined as the culture or husbandry of
marine plants or animals under controlled conditions.
Mariculture activities typically subject the organisms in
question to at least one (but usually more than one) man-
ipulation before their eventual harvest or capture. The
activities can be grouped under two broad categories--
private and public. Private mariculture activities are con-
ducted by private industry for the commercial marketing of
mariculture products. Public mariculture activities are con-
ducted by goverment agencies to augment the natural
stocks of marine resources or increase their availability for
commercial and recreational use.
Mariculture can be either extensive or intensive, de-
pending on the degree to which environmental conditions
associated with the culture technique are artificially man-
ipulated or controlled by man. Extensive activities, such as
spawner transplants and transplanting oyster seed to
growout grounds in open waters, rely on use of culture
sites where the degree of environmental control is minimal.
The use of fish rearing pens, the raft culture of shellfish,
and the operation of shellfish hatcheries is intensive, be-
cause of the higher degree of control imposed over culture
conditions. In general, extensive activities are lower in cost
than intensive activities, but higher yields per unit area or
volume can be realized through intensive culture.
The location of new mariculture enterprises--both
large and small--in the Long Island coastal zone will be
constrained by the ability of the culturist to acquire access
to coastal waters and underwater lands with suitable
characteristics and exercise control throught ownership,
lease, or other means of secure holding. This aspect of
control is problematical where tradition holds that the sea
and sea floor are common property. The key is to develop
an allocation system for the multi-purpose use of coastal
waters, whereby an optimal spatial arrangement can re-
duce incompatibilities and conflicts.
In the Long Island coastal zone, private interests, the
towns, Suffolk County and the State of New York have
various degrees of underwater land ownership and shell-
fish management authority. These topics are discussed
herein, with emphasis on the role of Suffolk County. The
discussion is based on the Long Island Regional Planning
Board report, Assessment of Existing Mariculture Activ-
ities in the Long Island Coastal Zone and Potential for
Future Growth, prepared for the New York State Depart-
ment of State under the federal coastal zone management
program.
Underwater Land Ownership and Fisheries Jurisdic-
tion-Figure 3, "Control of Underwater Lands for
Shellfish Management Purposes," summarizes the status
of control and jurisdiction of underwater lands for the
purpose of shellfish management in Nassau and Suffolk
Counties. Several degrees of control are depicted, includ-
ing private ownership or title; franchises, which are con-
veyances in perpetuity by the State of New York for an
annual tax for the purpose of oyster cultivation (currently
limited to locations in Long Island Sound and Raritan Bay);
grants of underwater land for the purpose of oyster cultiva-
tion only, which are conveyances in perpetuity by the
County of Suffolk for which the grantee must pay property
taxes (these are found only in Gardiners and Peconic
Bays); public control and/or ownership, which in many
cases evolved from grants by English kings in the 17th and
18th centuries; and leases of underwater lands by towns or
private individuals for which the lessee pays an annual fee
to the town. The map is intended to show regional under-
water land control and jurisdiction for the purpose of shell-
fish management, and as such does not show easements
nor is it based on complete title searches. Where they are
contiguous, individual private grants in Gardiners and
Peconic Bays have been grouped for mapping purposes;
the map does not show individual parcels by ownership.
Grant and Lease Activities in Gardiners and Peconic
Bays--The first piece of State legislation that affected
oyster cultivation in Gardiners and Peconic Bays was pas-
sed in 1884. Known officially as Chapter 385, "An Act to
cede lands under water of Gardiners and Peconic Bays, to
Suffolk County, Long Island, for the cultivation of shell-
fish", this legislation permitted Suffolk County to issue
grants of underwater land for the purpose of oyster culture
0nly. All grantees were to have their deeds recorded in
Suffolk County and pay property taxes on the underwater
7
Cold
Harbor
LONG
HUNTINGTON
OMITHEHWNd~
Great 111 South
Bay
ISLAND
SOUND
RIVEIN[HD
OKHAVEN
Moriches Ba
L 0
A TLANTiCj OCEAN
I Gardlners
EAST HAMPTON %,,
Sound
County Owned Open Space
Long Term Open Space Acquisition
Immediate Open Space Acquisition
Figure 2-Proposed County Open Space Program
S O U N D
Shelter
Dolphin Lane Asaociate~
C
o c E A N
L. 1. Oyster
Indian Tribal Oyster Project
Figure 3-Control of Underwater Lands for Shellfish Management Purposes
PRIVATE GRANTS FOR
OYSTER CULTIVATION
PRIVATE TITLE
FRANCHISE
TOWN LEAS[O
land. Minor amendments were made to this legislation in
1896, 1906, and 1923.
A new law titled, "An Act to cede lands underwater of
Gardiners and Peconic Bays to Suffolk County, and in
relation to the management of such lands for the cultivation
of shellfish," (Chapter 990 of the laws of New York, 1969)
was passed in 1969. The preamble to this law noted that
shellfish other than oysters were being harvested in these
bays, and that the status, location and title of underwater
parcels were uncertain. The legislation found that the best
interests of the people in the State would be served by the
survey and management of the area so as to promote the
cultivation of shellfish.
Under the provisions of Chapter 990, lands which had
previously reverted or may in the future revert to the State
as a result of non-payment of taxes were ceded to Suffolk
County for the purpose of shellfish cultivation; existing
oyster cultivation grants were ratified and confirmed; and
underwater lands would be leased rather than granted.
The area ceded to Suffolk County extends from the mouth
of the Peconic River east to a line running from the most
easterly point of Plum Island to Goff Point, at the entrance
of Napeague Harbor; it is shown on the map entitled,
"Existing Grants for Oyster Cultivation and Proposed
Resubdivision of Underwater Land in Gardiners and
Peconic Bays."
The rights ceded to Suffolk County are contingent
upon certain requirements. Before leasing or using the
underwater lands ceded to it, Suffolk County must survey
the land and prepare maps from the survey showing:
1. town boundary lines in Gardiners and Peconic Bays;
2. ordinary high water mark and a line 1,000' therefrom;
3. location of existing grants, easements, franchises and
cable lines;
4. federally designed fish trap areas;
5. underwater lands presently privately owned for the
purpose of the oyster cultivation;
6. areas where bay scallops are produced regularly and
harvested on a commercial basis;
7. structures on the land and federal aids to navigation
that are useful for taking ranges and determining
points on the surface of the waters; and
8. proposed plots for leasing and location of buoy
markers.
A local law must then be enacted, which contains regula-
tions governing:
1. lease applications, required notices, and fees for filing
applications, maps and documents;
2. the form, terms, transfer and renewal of leases;
3. re-survey and mapping where significant changes in
the location of the shoreline occurs, or where there are
changes in range markers or navigation aids;
4. the placing and maintenance of marker buoys; and
5. the use of lands not leased.
With the regulations and surveys in hand, the County
may then lease underwater lands for the purpose of shell-
fish cultivation only to Suffolk residents (one year resi-
dency required) in plots containing 50 acres or more for a
term of 10 years. Underwater lands within 1,000' of the
high water shoreline are exempt from leasing, as are
"areas where bay scallops are produced regularly and
harvested on a commercial basis." Seventy five percent of
the lease fees received by the County must be returned to
the towns of Riverhead, Southold, Shelter Island, South-
ampton and East Hampton in an amount proportional to
the leased acreage located within each town.
The cost of preparing the required survey maps appa-
rently has been a major obstacle to County action in imple-
menting Chapter 990. In 1970, an engineering firm es-
timated that it would cost about $500,000 to survey and
map underwater lands in Gardiners and Peconic Bays.
In 1975, Suffolk County Real Property Tax Service
Agency personnel proposed a less expensive alternative
to an actual survey of each lot. It involved the preparation
of a single composite map using 1972 NYS Department of
Transportation quadrangle sheets in conjunction with ex-
isting east end aerial photography and the Suffolk County
Tax Map. The proposal required a survey locating an axis
line through the middle of the Gardiners/Peconic Bay
system. Additional monuments were to be located as
required in order to tie this axis line with the New York State
Plane Coordinate System. With the axis line and monu-
ments in place, the location of any point, e.g., the corner
points of an oyster lot, within a grid system covering the
underwater lands could be defined by coordinates. The
surveying, monument emplacement and mapping work
would cost on the order of $100,000. Approximately one
year would be required to conduct the survey and prepare
appropriate maps. It was determined that it was unneces-
sary to locate the perimeter line located 1,000' offshore
from the high water mark. The location of this line would be
determined by means of local surveys that would be re-
quired when near-shore lots were leased.
A title search would have to be made to ascertain the
owners and boundaries of the lands under private control
in Gardiners and Peconic Bays. The difficulties likely to
arise in accurately locating the boundaries described in old
records, etc., may necessitate negotiations with owners
and subsequent exchanges of underwater lands between
the County and the owners in order to establish parcels
with regular boundaries. The suggestion was made that
10
i !
Suffolk County assume the expenses for condemnation
and reassignment of titles, including the cost of negotiating
with owners of old oyster lots covered under previous
grants to locate new boundaries. However, the costs of
survey and marking additional lands to be leased under the
program would be assumed by the lessee. The proposal
was never initiated because of the funding problem.
Local, County and State Government Posture on
Development of Mariculture in Areas Under Their
Respective Jurisdiction--At the present time only two of
the 10 townships in Suffolk County lease town-owned
underwater land to private concerns for shellfish culture. A
total of 3,500 acres is covered by lease agreements. The
town of Huntington leases 1,750 acres of underwater lands
within its jurisdiction. The Town of Islip, however, does not
intend to renew leases on 1,750 acres of its bay bottom.
The remaining towns have not demonstrated an interest in
leasing underwater lands for mariculture ventures, and will
apparently adhere to this posture in the future. There will
probably be no more than approximately 4,500 acres of
town-owned bay bottom leased in the Long island coastal
zone. This situation effectively curtails the development of
new private mariculture ventures utilizing town-owned bay
resources. Policy changes at the town level may alter this
situation in the future.
The State of New York has not leased any underwater
lands for mariculture purposes in the coastal zone of Long
Island, even though it is empowered to do so under Section
13-0301 of the Environmental Conservation Law. State
franchises of lands in Long Island Sound, totaling 1,694.7
acres are still in effect. Given the fact that about 50,000
acres of underwater lands were franchised or leased dur-
ing the heyday of Long Island's oyster industry, the State of
New York is in a position to select and make available at
least a portion of the tremendous marine area under its
jurisdiction for mariculture development.
The total acreage of underwater lands owned in fee by
the County is relatively small compared to the amount of
acreage owned by the towns and the State of New York.
Suffolk County owns several tracts of underwater lands in
Great South Bay and Narrow Bay, but also has shellfish
management authority under Chapter 990 for an extensive
area encompassing Gardiners and Peconic Bays.
The underwater lands (about 525 acres) owned by
Suffolk County in the Narrow Bay region are, for the most
part, currently closed to shellfishing because of violation of
the coliform standard. Limited use of these lands for inten-
sive culture (e.g., the culture of seaweeds), may be feasi-
ble in the future. Those County-owned lands adjacent to
the West Sayville Golf Course (32 acres) and the Timber
Point Golf Course (12 acres) may also be suitable for
intensive shell or finfish rearing. The priority attention of the
County, however, should be directed to the Gardiners/
Peconic Bay region.
Suffolk County has the authority to develop and imple-
ment a shellfish management program in Gardiners and
Peconic Bays. Of the 106,700 acres of underwater land
under the domain of County shellfish authority, about
8,700 acres arc under the private control of about 25
corporate and individual owners as a result of previous
grant arrangements. Chapter 990 requires that the under-
water lands within 1,000 ft. of mean high water (16,200
acres) be exempt from any leasing program, and hence,
reserved for public use. The remaining acreage in the
region81,000 acres--is potentially available for marl-
culture through lease agreements with Suffolk County.
See Figure 4, "Existing Grants for Oyster Cultivation
and Proposed Resubdivision of Underwater Land in
Gardiners and Peconic Bays." Further reductions in this
acreage figure must be made to maintain access of the
public to productive scallop beds and to avoid conflicts with
other users.
The map also' shows the scheme proposed by the
Suffolk County Real Property Tax Service Agency for
locating and mapping underwater lands. Such a system
must be in place, according to Chapter 990, before im-
plementation of a management program could occur.
An opportunity for raft and/or culture of seaweeds and
finfish currently exists in those pound net fishing areas
officially designated by the U.S. Army Corps of Engineers
in Long Island coastal waters. Use of these areas, which
arc located primarily along the shoreline in Gardiners/
Peconic, Groat South, Moriches, and Shinnecock Bays,
and the Atlantic Ocean shoreline at Fire Island Inlet and
between Shinnecock Inlet and Montauk Point, requires
issuance of an acknowledgment card from the Corps that
indicates specified conditions have been met. No leases
arc required under this arrangement.
The privately owned areas in Groat South Bay (over
13,140 acres) and Narrow Bay (853.5 acres), as well as
the franchised lands in Long Island Sound (1,694.7 acres)
and granted lands in Gardiners and Peconic Bays, which
are held in perpetuity so long as taxes arc paid, should
continue to be used for mariculture purposes. Some of
these lands are not being actively used for mariculture at
the present time. These underutilized lands may have
potential for other types of mariculture than arc commonly
practiced on Long Island today, e.g., the intensive culture
of hard clams in rafts. The owners of these lands should
consider the advantages of leasing a portion of their hold-
ings to mariculture entrepreneurs for such activities. It
should be noted that the availability of private plots of
underwater lands would effectively bypass the constraints
on the development of mariculture that arc imposed by the
lack of underwater lands hitherto available through town,
Suffolk County, or State of New York leasing programs.
12
Conclusions
1. Suffolk County has not taken full advantage of the
potential of its marine environment for mariculture
development. With a few exceptions, government has
generally shown a lack of interest in encouraging
private mariculture in the Long Island coastal zone.
Government inertia, funding constraints, local public
opinion voiced by commercial fishermen groups op-
posed to private mariculture development of any sort,
and a lack of understanding of mariculture itself are the
causes of government inaction.
2. The relative status and significance of mariculture on
the Island will decrease in the future if the State,
County, local governments, and the public fail to rec-
ognize mariculture as a legitimate coastal zone activ-
ity. If New York State and Suffolk County do not formu-
late aggressive policies fostering the development of
mariculture, there will be few new large scale mad-
culture enterprises in the Long Island coastal zone.
3. As a result of the town posture on leasing bay bottoms,
expansion of private mariculture on Long Island is
limited to the use of privately owned bay bottoms, the
acquisition of new leases from the State of New York
or Suffolk County involving underwater lands within
their jurisdictions, or the use of pound net areas under
the jurisdiction of the U.S. Army Corps of Engineers.
Private bay bottom owners could act as a catalyst in
the attraction and development of new mariculture
activities on Long Island, if they would be willing to
lease a portion of their lands to interested parties. The
State of New York bottom leasing program could serve
as the vehicle for mariculture development in Long
Island Sound, if in fact, a positive attitude regarding
leasing were demonstrated by the NYS Department of
Environmental Conservation. Leasing of additional
underwater lands in Gardiners and Peconic Bays rests
with Suffolk Conty as specificied by State law. To date,
because of funding and other constraints, the County
has been loath to implement Chapter 990 of the Laws
of New York State, 1969.
4. Efforts to sell the Long Island region as a pdme loca-
tion for the establishment of new mariculture ventures
must await the development of policies by the County
of Suffolk and State of New York that are favorable to
mariculture. Program development must coincide with
this policy.
5. A specific evaluation of the compatibility of various
types of mariculture activities in Long Island Sound or
the Gardiners and Peconic Bay areas with existing
uses has not been made at this time. Such detailed
studies must be accomplished during implementation
of mariculture programs to determine those site
specific areas suitable for mariculture where conflicts
with local uses will be minimized.
Recommendations
1. Use of Privately
Owned/Controlled Underwater
Land--The privately owned underwater lands in Great
South Bay and Narrow Bay, and the privately control-
led lands in Long Island Sound and Gardiners and
Peconic Bays covered by franchise and grant arrange-
ments, respectively, should continue to be used for
mariculture purposes. Some of these lands are not
being actively used for mariculture at the present time.
These underutilized lands may have potential for other
types of mariculture than are commonly practiced on
Long Island today, e.g., the intensive culture of hard
clams in rafts. The owners of these lands should con-
sider the advantages of leasing a portion of their hold-
ings to mariculture entrepreneurs for such activities.
Town Mariculture Programs--The various towns of
Long Island should consider the potential future role
and significance of mariculture activities in the de-
velopment of flexible bay management programs that
are designed to meet the needs of changing fisheries
and to maintain marine-related jobs. The towns should
reserve the option of leasing underwater lands for
mariculture purposes. The decision to renew existing
leases on underwater land should rest with a determi-
nation of the net advantages to the individual town and
its bay management program that result from the
lease arrangements and associated private culture
operations, as well as an evaluation of the past history
and performance of the lessee in improving the pro-
duction of selected species over that which would
occur in nature without man's intervention. Options
involving private use of the water column for culture
purposes should be investigated. Procedures enabl-
ing such use should be developed, as required.
The Role of Suffolk County--Suffolk County should
develop and implement a mariculture management
program, pursuant to Chapter 990 of the Laws of New
York State, 1969, for Gardiners and Peconic Bays.
Eighty one thousand acres of underwater lands in
these bays are potentially available for mariculture
through lease agreements with Suffolk County. This
acreage figure should be reduced, perhaps substan-
tially, in the development of a mariculture program
because of such factors as the location of submarine
cables, bay scallop beds, navigation channels, etc.
Implementation of the proposed scheme developed
by the Suffolk County Real Property Tax Service
Agency for mapping and locating underwater lands
13
which involves surveying, monument emplacement
and mapping would require funding on the order of
$100,000. Other aspects of program development
would also have to be addressed.
New York State Leasing Program--In the past,
thousands of acres of underwater land in Long Island
Sound between Port Jefferson and Bayville were used
for the growing of oysters. These areas, as well as
others east of Port Jefferson in Long island Sound and
in Block Island Sound, have potential for various types
of culture, should they be made available to the private
sector under lease agreements made pursuant to
Section 13-0301 of the Environmental Conservation
Law. Progress on this front must await action by the
State.
PECONIC/FLANDERS MARINE SANCTUARY
Section 315 of the Coastal Zone Management Act of
1972 makes grants available to coastal states for the
purpose of acquiring properties for estuarine sanctuaries.
These funds may be used for two classes of action: 1) the
acquisition and/or operation of an estuarine sanctuary to
serve as a natural field laboratory, and 2) the acquisition of
lands for access to public beaches and other public coastal
areas of environmental, recreational, historical, aesthetic,
ecological, or cultural value, and for the preservation of
islands. Up to $2 million in Federal support is possible on a
50/50 matching basis. The New York State Office of Coas-
tal Zone Management (Secretary of State) has indicated
its interest in the establishment of a marine sanctuary in
accordance with Federal law for properties known as the
Peconic/Flanders proposed marine sanctuary. If the State
is successful in its competition with adjourning coastal
states, then it would be possible for up to $2 million to be
granted by the Federal Government for the acquisition of
lands in accordance with the Act. Prior to any Federal
approval, it is necessary for the State to prepare a planning
study indicating how the properties would be used, the
boundaries of the sanctuary, and any and all rules that
would apply thereto. The Suffolk County Planning Com-
mission has supported this approach since the planning
committtee would be composed primarily of representa-
tives of the County of Suffolk and the eastern towns, which
should insure the full protection of local home rule. It would
also produce Federal funds to achieve the County's objec-
tives of saving specific, priceless properties such as
Robins Island and Maple Swamp. Much controversy has
followed this proposal, even before the planning study has
been undertaken. Undoubtedly no sanctuary can be
established if the people of Suffolk County are in over-
whelming opposition to it. It is clear that the major opposi-
tion is to the perceived threat that the Federal Government
or the State of New York will infringe, in any way, on the
prerogatives of local governments or impair the freedom
now enjoyed by the many diverse users of the Peconic/
Flanders estuarine system. The County of Suffolk itself is
no less vigilant in its concern to protect these prerogatives.
If such a study were to indicate that this were to take place,
then the County would similarly object as several of the
towns are currently doing.
Nevertheless, the key issue is the protection of vital,
unique, priceless, and irreplaceable open spaces. Robins
Island has been under active recommendation by the Suf-
folk County Planning Commission since 1960. In prior
years it was not a key priority issue because the property
was not in danger of development. The current situation is
radically altered. Foreign owners have indicated their
immediate interest in the development of the Island. Such
development would not only destroy the conservation
habitat of the' Island itself, but could well impair the sur-
rounding waters due to leachates resulting from develop-
ment. Regardless of whether a sanctuary is or is not
created, it is imperative that immediate action be taken to
preserve this property, it is therefore recommended that
the County take such action.
Maple Swamp is a second area of key priority,
although it is not in imminent danger of immediate develop-
ment. This property has a potential State grant of
$500,000, awaiting the County of Suffolk upon its acquisi-
tion of the land. This potential grant will expire within six
months time. Therefore, action by the County of Suffolk on
all or part of these properties take on a note of urgency. It
is, therefore, recommended that the County of Suffolk
initiate steps for the acquisition of the properties known as
Maple Swamp. °
If and when the State Office of Coastal Zone Manage-
ment successfully completes a planning study of the
marine sanctuary proposal, the people of Suffolk County
would then have ample time to decide whether they wish to
participate in the sanctuary, or in effect, go it alone. In view
of the sizable investment made by the County since 1960
in its various open space acquisitions, it is clear that money
is not the sole nor major criterion. In fact, monies saved in
the enlarged farmland program more than offsets many
times over the modest investment in these two key
properties.
AQUIFER PROTECTION--
AN OPEN SPACE PLAN FOR ZONE III
The 208 Zone III deep aquifer recharge area as
described in the 208-Long Island Comprehensive Waste
Treatment Management Plan (208 - WTMP) contains
many diverse ecosystems, plant assocations including the
oak-pine assocations, wildlife habitats, streams, fresh-
water marshes, the Peconic River and its tributaries, the
upper portion of the Carmans River, farmland and de-
veloped areas. The area provides a significant recreational
resource to Suffolk County in that it contains unique and
significant environments, diverse plant and wildlife
species, including archeological and scenic resources. In
its undeveloped state, the area serves as a high water
quality recharge area for the underlying groundwater
aquifers, which contain the largest reservoir of high quality
groundwater on Long Island.
The plan below describes an open space plan for the
area that is a part of a multilayered approach to protect
significant environmental areas and the groundwater that
is recharged in this zone. The area is also called "central
pine barrens", a blanket term that does not adequately
describe the area.
The pine barrens associated with this zone is a mis-
nomer for a diverse group of plant associations including
oak-pine forest; pine-oak forest, scrub oak plains, the
former Hempstead Plains, the pitch pine forest (Pine Bar-
rens), and the dwarf pine forest. Forests that include pitch
pine (Pinus rigida) also surround other vegetation com-
munities and ecosystems such as freshwater wetlands
and cedar swamps. In most vegetative associations con-
taining the pitch pine, scrub oak (Quercus ilicifolia) or other
oaks (Red, Black) may be the dominant specie. The actual
pine barrens (open-pine dominated forests) constitutes
only a portion (20% -+) of the oak-pine forest assocations on
Long Island.
The above-mentioned central pine-oak forest, occurs
as far west as Babylon (at one time it extended to the
Hempstead Plains), and extends eastward along the South
Fork, including the deep aquifer recharge area associated
with the Ronkonkoma moraine and outwash plains, as far
north as the "Route 25A" and in an undulating line almost
to the southern bays.
Various management tools are needed to conserve
the resources within Zone III, including continuation of the
Farmland Preservation Program and the state agricultural
districts, and implementation of a site plan review process
consistent with the policies developed in the above plan. It
is recommended that once a detailed comprehensive plan
for the Zone III area is completed, the areas identified as
suitable for housing would require a site plan review that
would be in accord with proposed guidelines for develop-
ment within the area. Any development not in accord with
the plan would require an initial Environmental Assess-
ment Form. This would determine the significance of the
action. Until the plans are developed and adopted by the
towns and permit agencies, an Environmental Assess-
ment Form could be required for all development within the
area.
Zoning is a significant tool to protect groundwater
quality as well as other environmental resources within
Zone III. The decision rendered from the non-jury trial of
Omnia Properties, plaintiffs against the Town of Brookha-
van, and the Environmental Defense Fund, Inc. was the
Town's two acre zoning plan for the 1,200 acres owned by
Omnia Properties was upheld, and that the Town's 1975
amendment to the building zone ordinance was not invalid
under the fourteenth amendment to the U.S. Constitution,
nor invalid under New York Town Law, Sections 261 and
263.
The Town's zoning ordinance was based upon en-
vironmental factors, including the need to protect the
quality of the underlying aquifer which is a part of the
largest reservoir of high quality groundwater, previously
mentioned.
The proposed open space plan is shown in Figure 5
"Open Space Plan for 208 Zone III". The map contains the
following categories:
1. existing County owned open space;
2. proposed County acquisitions;
3. private or commercial golf courses (potential sites to
obtain Right of First Refusal);
4. existing State or Federally owned properties;
5. proposed non-County acquisitions (Federal, State, or
private);
6. proposed cluster development where Critical Envi-
ronmental Areas or other significant resources are to
remain undeveloped or undisturbed.
7. optimum farmlands
Other acquisition proposals and the suggested own-
erships are shown in Figure 5 208 Zone III--Open Space
Plan Map. There are additional lands that are contiguous
with existing or proposed public lands that should be
acquired to improve the protection and management or to
provide a continuous open space system. The proposed
ownership pattern aggregates the lands managed by one
agency to avoid checkerboard management and results in
contiguous areas of open space across the moraine and
along the Peconic and Carman's Rivers.
All of the proposed acquisitions would serve as triple
benefit for Suffolk residents: 1) to provide for future high
quality groundwater, 2) to protect significant ecological
sites, and/or 3) to provide diverse recreational ex-
periences.
15
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NATURE PRESERVE AND HISTORIC
TRUST SITES
Provisions for establishing the Suffolk County Nature
Preserve and Historic Trust were enacted in 1970 with the
passage of the Environmental Bill of Rights, Article I of
the Suffolk County Charter, which calls for the dedication
of properties that are determined to have either unique and
sensitive natural values or distinctive historical
significance.
The Council on Environmental Quality prepared a
Nature Preserve Handbook and Historic Trust Manual
which explain the concepts and purposes of each type of
dedication, and contained recommendation.
Dedication of properties to the nature preserve and
historic trust is accomplished through resolutions adopted
by the County Legislature. The resolution of dedication
shall specify the purpose or purposes for which the prop-
erty may be used. To date no actual dedications have been
made to either the nature preserve or historic trust.
Nature Preserve A nature preserve can be defined as:
any area of land or water in public or private ownership
which is formally dedicated to being maintained as nearly
as possible in its natural co~dition; which area either re-
tains, to some degree, its primeval character (though it
need not be completely natural and undistrubed at the time
of its dedication) or has unusual flora, fauna, geelegical
features of scientific or educational value, and which area is
used in a manner and under limitations consistent with its
continued preservation, without impairment, disturbance or
artificial development, for the public purposes of scientific
research, education1 aesthetic enjoyment and providing
habitat for plant and animal species and communities and
other natural objects.
Nature preserve sites may vary greatly in their size
and characteristics. Some sites may be very small, while
others may be very large in acreage. Some may encom-
pass unique or unusual features, whereas others may be
very typical and common on Long Island. However, all
sites are areas which should be relatively undisturbed and
ecologically intact.
For consideration as a possible nature preserve, a site
must correspond with the Land Capability Management
System Classes III or IV (see pages 10 and 11) and
possess one or more ofthe following criteria:
1. prime watershed area
2. prime wildlife areas
3. prime ecological sites
4. freshwater wetlands
5. tidal wetlands
6. landward edge of steams, freshwater wetlands, tidal
marsh, ponds, lakes and all surface waters
7. undeveloped areas of high water table
8. endangered species habitats
9. "protected plants"
10. unique or rare vegetation
11. undeveloped area of the barrier island including
foredune, primary dune, seaward face of secondary
dune
12. bluffs
13. slopes greater than 25% within 300' of water's edge
14. beach
15. kettle holes
16. buffer zones for prime ecological site
17. eskers
18. major swales
Initial study of the various open space areas within the
County reveals a list of locations which adhere to the
nature preserve criteria and should be given further con-
sideration as potential nature preserve sites.
Historic Trust--The definition of ,distinctive historical
significance" of the Suffolk County Charter is established
by:
a.
the National Register of Historic Places, National Park
, Service, United States Department of Interior, as
authorized under the Federal Historic Preservation
Act of 1966
b. the National Trust for Historic Preservation as set forth
in Historic Preservation Tomorrow--Revisted Princi-
ples and Guidelines, National Trust for Historic Pre-
servation and Colonial Williamsburg, 1976.
The Historic Trust concerns itself with all aspects of
the preservation of all historic buildings, fences, street
furniture, trees (including lopped-trees), kettleholes,
roads, roadsides, boundary ditches, and historic land-
marks including but not limited to: residences and out
buildings; commercial and industrial structures and areas;
farm buildings; accessory buildings; engineering works--
including trestles, bridges, towers, canals, piers, dry
docks, wharts, waterworks, etc.;lighthouses; government
buildings; railroad stations and other railroad facilities;
educational buildings--including schools and academies;
abandoned religious structures; fortifications and ram-
parts; Indian fields and village sites; cemeteries and village
greens; archeological sites;--and their environments.
The Suffolk County Department of Parks, Recreation
and Conservation and its Board of Trustees should, in
most instances, be the stewards of properties dedicated to
the Historic Trust with custodianship for each property to
be decided individually. In most cases, the Department of
Parks will also have custodianship, but it is possible that a
particular property, or even an item, may be entrusted to
the custodianship of another, e.g., another County depart-
ment or even a local historical society. In the case of roads
or highways dedicated, the Department of Public Works
17
normally would be the logical steward, except that the
Manager of the Historic Trust should be responsible for
supervising such a road's historic integrity.
It was recommended that there be created within the
Department of Parks, Recreation and Conservation a divi-
sion for historic properties, headed by a manager, qualified
and trained to carry out histodc preservation philosophy
and policies.
The following is a list of historic properties recom-
mended for dedication to the Historic Trust.
Table 3: Nature Preserve Sites
Bergen Point County Golf Course Babylon X
Blydenburgh County Park Smithtown X X X X
Carlrs River Babylon X
Cathedral Pines County Park Breokhaven X X X
Cedar Beach County Parkland $outhold X X
Cedar Point County Parkland East Hampton X X X
County Owned Islands Babylon X
Cranberry Bog Southampton X X X X X
Cupsogue Beach County Park Brookhaven X
Gardiner County Park Islip X X
Goldsmith Inlet County Park Southold X X X
Hubbard County Park Southampton X X X X
Indian Island County Park Babylon X
Indian Island County Park Riverhead X X X
Inlet Point Pond Park Southold X
Islip Greenbelt County Preserve Islip X
Islip Meadows Cty. Nature Preserve Islip X X X X
Lakeland County Park Islip X
Landing Avenue Smithtown X X
Makamah County Nature Preserve Huntington X
McAIlister Park Brookhaven X X
Montauk County Park East Hampton X X X X X X
Nissequogue River Wetlands Smithtown X X
Northwest Harbor County Park East Hampton X X X X
Peconic Dunes County Park Southold X X X
18
Table 3 cont'd
Brookhaven, River-
Peconic River County Park head & Southampton X X X X X
Poxabogue (Long Pond) Southampton X X
Sans Souci Lakes County
Nature Preserve Islip X
Sears Bellows County Park Southampton X X X
Shinnecock County Park Southampton X X
Smith Point County Park Brookhaven X X X
Smithtown Greenbelt Smithtown X
Southaven County Park Brookhaven X X
Suffolk County Community
College, Eastern Campus Southampton X X
Suffolk Hills County Park Southampton X X
Timber Point County Golf Course Islip X
West Hills County Park Huntington X X
West Sayville County Golf Course Islip X
County Proposed Acquisition
Batting Hollow Brookhaven X X
Barcelona Neck East Hampton X X X X
Carlls River Babylon X
Carmans River Brookhaven X X X
Gardiners Island East Hampton X X X X X X X
Long Pond Greenbelt Southampton X X
Maple Swamp-Birch Creek Southampton X X X X X X
Nissequogue River Smithtown X X X
Brookhaven, River-
Peconic River head & Southampton X X X X X X
Robins Island Southold X X X X X X
19
20
Blydenburgh Park, Smithtown
Cathedral Pines East, Yaphank
Cedar Point Park, East Hampton
Montauk County Park, East Hampton
Sans Souci Lakes County Nature Preserve, Islip
Southaven Park (Southaven area), Breokhaven
Southaven Park (Yaphank area), Brookhaven
West Sayville Park, Islip
Table 4: Historic Trust Recommendations
Within Parks
"New Mill", mill dams, miller's house ("Lake House"), main
house, barn, corn crib, farm cottage & privy, farm buildings
Old Barn, machine shop & silo
Cedar Point Lighthouse
Big Reed Pond, blockhouse, Indian Fields, "Third House"
J.E. Roosevelt House, Sayville and historic cranberry bogs
Anson B. Hard House
Hard-Gerard House ("Yellow House"), barn, mill site and
cemetery
Marine Museum, oyster cull house, Frank Penney Boat
Shop & Hard Mansion
Hubbard County Park, Southampton
Timber Point County Park, Islip
West Hills County Park, Huntington
Hubbard Hutton House
Clubhouse
Jacob Smith Cottage
Not Within Parks
County Court House, Riverhead
County Farm, Yaphank: barn & infirmary
Cranberry Bog, Riverhead: barn
Harbor Arts Center (Coindre Hall), Huntington
Hawkins-Jacobsen House, Yaphank
Long Wharf, Sag Harbor
Vanderbilt Museum, Centerport
Roads
Main Street, Yaphank
Montauk Highway & portions of Vanderbilt Motor Parkway
County-Utilized
Colonel Floyd-Robert House, Mastic Beach (So. Brookhaven Health Center
Long Island Railroad Dock, Greenport
Proposed for Acquisition
Gardiners Island, East Hampton
Robins Island, Southold
Millers House, Blydenburgh Park, Smithtown
FIRST OPTION REFUSALS
The County should actively engage in the process of
obtaining the Right of First Refusal on selected existing
commemially or privately-owned golf courses and camps
in key locations within Suffolk. This proposal involves no
major expense to the County, but it requires an effort to
contact and draw up right of first refusal agreements with
the property owners.
The amount of money needed to buy these properties
(and perhaps make a few improvements or adaptations for
County use), would be considerably less than that required
to buy undeveloped pamels and to subsequently pay for
the design and development costs.
At this time, the County does not have golf courses on
the north shore. Three golfing facilities are located on the
south shore and one is located east of the central business
district in Riverhead (see Figure 2). The acquisitions of the
north shore golf course near the population centers could
also provide public access to Long Island Sound.
Camp properties that are already developed allow for
flexibility in redevelopment and the addition of several
other compatible recreational activities at minimum cost.
The acquisition of water-adjacent summer camps would
provide water related activities and permit the expansion of
programs that include lessons for fishing, swimming, and
sailing.
Table 5 lists the privately or commercially owned golf
courses and/or country clubs in Suffolk County. These golf
course sites are shown on the proposed County Open
Space Program Maps.
21
Table 5: Privately Owned Golf And/Or County Clubs
Name
Bridgehampton Golf Club
Cedars Golf Club
Cold Spring County Club
Colonie Hill
Commack Hills Golf Club
Fishers Island County Club
Flagg County Club at Baiting Hollow
Gardiners Bay Country Club
Half Hollow Hills Country Club
Hauppauge Country Club
Hay Harbor Golf Club
Heatherwood Golf Course
Hill N Tree Golf Club
Huntington Crescent Club
Huntington Country Club
Indian Hills Country Club
Island Hills Country Club
Islands End Golf and Country Club
Long Island Country Club
Maidstone Country Club
Middle Island Country Club
National Golf Club Links
Nissequogue Golf Course
North Fork Country Club
Northampton Country Club
Noyac Country Club
Poxabogue Golf Course
Quogue Field Club
Rock Hill Golf Club
Sandy Pond Golf Course
Shelter Island Country Club
Shinnecock Hills Country Club
South Fork Country Club
Southampton Golf Club
Southward Ho Country Club
Spring Lake Golf Course
St. George Golf and Country Club
Swan Lake Golf Course
Tall Tree Golf Course
Westhampton Country Club
Site
Ocean Ave. and Sagg Rd., Bridgehampton
Cases Lane, Cutchogue
Jericho Turnpike, West Hills
Motor Parkway, Hauppague
Hauppauge Pond, Commack
East End Road, Fishers Island
South Ave. and Oakleigh Ave., Baiting Hollow
Manhasset Rd. and Dinah Road, Shelter Island
Ryder Ave., Half Hollow Hills
Veterans Memorial Highway, Hauppauge
Oriental Ave., Fishers Island
Port Jefferson-Nesconset Hwy., N. Centereach
Round Swamp Rd., Melville
East Main St. & Washington Dr., Huntington
West Main Street, Huntington
Breeze Hill Road, Ft. Salonga
Sunrise Highway and Lakeland Ave., Sayville
Route 25, Greenport
Old Country Road,Eastport
Old Beach Lane, East Hampton
Yaphank Ave., Middle Island
Sebonac Road, Sebonac Neck
Moriches Road, Nissequogue
Main Street, Cutchogue
Wildwood Terrace, Riverside
Noyack Rd., Noyac
Montauk Highway, Bridgehampton
Club Lane and Main Street, Quoque
Clancy Road, Manorville
Roanoke Ave., Riverhead
Sunnyside Ave., Shelter Island
North Highway, Shinnecock Hills
Devon Road, Amagansett
North Highway, Art Village
Montauk Highway, Bay Shore
Bartlett Road, Middle Island
Lower Sheep Pasture Rd., Stony Brook
River Road, Manorville
Route 25A, Rocky Point
South Road, Westhampton Beach
Town Acreage
Southampton 48.7
Southold 13.5
Huntington 175.3
Islip 181.0
Huntington 160.1
Southold 191.4
Riverhead 204.6
Shelter Island 148.1
Huntington 40.0
Smithtown 138.2
Southold 54.3
Brookhaven 72.7
Huntington 20.3
Huntington 172.3
Huntington 137.3
Huntington 143.9
Islip 116.6
Southold 124.5
Brookhaven and 320.6
Southampton
East Hampton 195.7
Brookhaven 186.2
Southampton 250.7
Smithtown 126.1
Southold 114.8
Southampton 299.5
Southampton 104.3
Southampton 22.4
Southampton 66.7
Brookhaven 374,4
Riverhead 31.4
Shelter Island 53.5
Southampton 282.0
East Hampton 55.5
Southampton 166.7
Islip 149.9
Brookhaven 186.2
Brookhaven 135.6
Riverhead 408.0
Brookhaven 61.0
Southampton 120.7
Total Acreage 5854.6
22
Smith Point County Park, Mastic
Courte.~y of Steve Pradon
Suffolk County Dept of Parks.
Sears Bellows Park, Southampton
23
Maple Swamp, Southampton
24
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