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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 L 0 N G I S L A N D S 0 U N D mother I~,ubli~ Agencies ~r ?rh~eli [~-"~ 208 ZONE ltl 6OUNDAItY  P RIVATE. GOLF ~OURSES OR COUNTRY OPTIMUM FARM~.ANO ~ PROPOSED CLUSTER :.:h Se FarminGvill Ri~):head $ 0 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 East Marion ~thold SHELTE iSLAND Wadin :~iver Calverton Moriches / / / ~stport / / / / fliverhead ~ Westhampton Aquebo Flanders S 0 U T H M Hampton Bays P T 0 North Sea N Soothampton Noyack Sa9 Harbor ~ton ~ E A S~ H A ~ T East Hampton