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HomeMy WebLinkAboutFinal Generic Environmental Impact Statement Proposed LL 1988 I I I I I I I I I I I I I I I I I I I REalVED SEP 201988 FINAL irown CIeIk SOuth!'IIl GENERIC ENVIRONMENTAL IMPACT STATEMENT ON PROPOSED LOCAL LAW OF 1988 AMENDING THE TOWN OF SOUTHOLD ZONING ORDINANCE JULY, 1988 ~IIA- ~ ~t. 9.J 7.1'i'(jj) ..-..- . L : ,:,>/,,] ,'. -,.^ S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS & PLANNERS S41 I I I I I I I I I I I I I I I I I I FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENT ON PROPOSED LOCAL LAW OF 1988 AMENDING THE TOWN OF SOUTH OLD ZONING ORDINANCE IO"!"'" ...". "') "'~ ^,,~.,.^n" .\,......; ;..,- _.'" \..-t .1 I ir.:.t..:.i..~ ,-,: ., t:f :', _; - _. ::. ::'j S...;....I..____.J, i.~.'i. _1J.:;;- J. S41 I SZEPATOWSKf ASSOCIATES INC. ENVIRONMENTAL CQNSLHA!'.TS & PlANMRS S41 I I I I I I I I I I I I I I I I . · S41 5ZEPATOWSKI AS50ClATE5 INC. . S41 TABLE OF CONTENTS PAGE SECTION I: PROGRAM DOCUMENTS A. Draft Generic Environmental Impact Statement (by reference).................................... I-I B. Reprint of the Town Report on Cultural, Resources, Southold Master Plan Background Studies Historic, and Archeological Planning Board, April 1983......1-2 C. Reprint of the Town Draft Local Waterfront Revitalization Program Section on Significant Wildlife Habitats, April 1987.......................1-6 SECTION II: PUBLIC COMMENTS A. Stenographic Record of Public Hearing of April 26, 1987.....................................11-1 B. Written Comments Received on DEIS following Public Hearing of April 26, 1988...................11-83 SECTION III: COMMENTS LEAD AGENCY'S RESPONSES TO SUBSTANTIVE A. Public Hearing....................................III-! B. Written Comments.................................. 111-8 C. Proposed Text Revision............................III-9 ENVIRONMENTAL CONSL'l TANTS & PL"'NERS I I I I I I I I I I I I I I I I I I S41 I S4iWSK' ASSOCIATES INC. FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENT on PROPOSED LOCAL LAW AMENDING THE TOWN OF SOUTH OLD ZONING ORDINANCE Prepared by: David J. S. Emilita, AICP, Town Planner Szepatowski Associates, Inc. Prepared for: Town Board Town of Southold 531195 Main Road Southold, NY 11971 516/765-181111 For Further Information Contact: David J. S. Emilita Date of Acceptance by Town Board: ~~;(;~/C/?'/ ,-.1;/' 1'/frY :)1;/;ibA/ !vZ;; /1'// / / Last Date for Comments: E!\OVIRONMENTAl CONSl'l TANTS 8. PLA"-"ifRS I I I I I I I I I I I I I I I I I I S41 I SZEPATOW5KI ASSOCIATES INC. ENVIRONMENTAl CONSUTANTS &. PlA~""ERS S41 SCOPE Pursuant to the positive Declaration dated May 1, 1987, it was determined that a generic environmental impact statement should be prepared to assess the proposed zoning amendments so that individual actions by the Town or by private agencies carried out in conformance with the Master Plan, its Update, and the Zoning Ordinance amendments adopted by this Local Law will require only site specific environmental impact statements. The report entitled, "Master Plan Update Summary", from which the proposed Local Law evolved was adopted as a part of the draft GElS and will be found on file at the Town Clerk and Planning Board offices at the Southold Town Hall, Southold NY. The full text of the Local Law was adopted as a part of this GElS and will also be found at the Town Hall. The draft GElS was the subject of a public hearing on April 26, 1988. PURPOSE This the final generic environmental impact statement (FGElS) is composed of the draft GElS (by reference), certain other program documents requested to be included (See Table of Contents), the stenographic record and copies of written comments, and the Lead Agency's responses to substantive comments. I I I I I I I I I I I I I I I I I I S41 I S4iWSK' ASSOCIATES INC. ENVIRONM"TAl CONSellA"S & PlANNERS SECTION I PROGRAM DOCUMENTS I I I I I I I I I I I I I I I I I I SECTION I.A. DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT FEBRUARY 1988 Incorporated By Reference A Reference Copy is on File with the Southold Town Board S41 I SZEPATOWSKI ASSOCIATES INC. ENVIROf\iMENTAl COf\iSL'lTANTS & PLA!\,NfRS S41 . '. . . . . . . . . . . . . . . SECTION I. B. REPRINT OF SOUTHOLD MASTER PLAN Section on Cultural, Historical and Archeological Resources . . S41 . SZEPATOWSKI ASSOCIATES INC. ENVfRO"'iMENTAL CONSUTAqS & PLANNERS SAI I I I I I I I I I I I I I I I I I I I RPPW Raymond, Parish, Pine 8< Weiner, Inc. 555 White Plains Road. Tarrytown. NY 10591 914/631.9003 212/365.2666 Memorandum April 26, 1983 TO: Southold Planning Board FROM: RPPW, Inc. RE: CULTURAL, HISTORIC AND ARCHEOLOGICAL RESOURCES The Town of Southold, officially established in 1640, is con- sidered the first English settlement in the State of New York. Although originally a part of the New Haven Colony, Southo1d ceased its affiliation with Connecticut in 1676. Many buildings of historic significance date from this early period forward and much evidence remains from the earlier Indian occupation of the area. The cataloguing of all the sites of historic and archeologic interest in the Town has not yet been done on a Townwide basis, although extensive research has been undertaken by the Oysterpond Historical Society, the Southold Historic Society, the Mattituck Historic Society and the Cutchogue-New Suffolk Historical Council. Some of these groups were aided in their work in the 1970's by the Society for the Preservation of Long Island Antiquities (SPLIA). In addition, the Suffolk County Cultural Affairs Office has commissioned cultural resource surveys and archeological reports on Coun- ty-held park sites including those in the t~e Town of Southolc. Reports of much of this research at the local level has been forwarded to the State Historic Preservation Office (SEPO). SHPO keeps a log of all properties submitted for its review. This list of properties, indicates areas where there are properties of historic and/or archeological interest. The State reviews reports and where appropriate recommends inclusion of the site in the National Register of Historic Places. Revised rules and regulations for the National Historic Landmarks Program were presented in the Federal Register of February 2, 1983, (36 CFR Part 65). The purpose of the program is to "focus attention on properties of exceptional value to the nation as a whole rather than to a particular state or locality." The I-2 I I I I I I I I I I I I I I I I I I I regulations state that districts, sites, buildings, structures, and objects can possess national significance if they are valu- able in "illustrating or interpreting the heritage of the United States in history, architecture, archeology, engineering and culture", and if they are associated with: (1) events of signif- icance; (2) lives of persons important in U.s. history; (3) an idea or ideal of the American peoples; (4) distinguishing charac- teristics of an architectural specimen; (5) cultures or periods of occupation over large areas of the U.S.; and (6) components that together composed a significance beyond the value of each individual portion. Furthermore, sites considered for dis- tinction generallY. must have achieved significance more than fifty years ago. In Southold, four properties/areas have received designation in the National Register of Historic Places: (1) the Old House in Cutchogue on Route 25 was built in 1649, moved to its current location in 1659, and is listed as a good example of English domestic architecture; (2) also in Cutchogue, the Fort Corchaug site, location of a rectangular Indian log fort, shows evidence of prehistoric occupation and European contact; (3) in Mattituck, the Gildersleeve Octagonal Building at the corner of the Main Road and Love Lane received designation of historic status and, in Orient, a Historic District was declared after some 200 houses were researched and ~ocumented to have historic value. SHPO has forwarded to the Federal Park Service information on four additional sites which have been approved as historic locations and are now eligible for national designation and eligible for federal funding. In this category are the Southold Library on the Main Road in Southold, Little Gull Island Light Station and Plum Island Light Station off Orient Point and Race Rock Light Station south and west of Fishers Island. SHPO is reviewing four additional sites in the Tow~ of Southold for historic status. Those which are pending nomination to the National Register include: The Terry Mulford house on the north side of Route 25 in Orient which has also been known as peakens Tavern or the Heath-Burden House; the Richard Cox house at the northeast corner of Mill and Luthers Roads in Matti tuck; the Tuthill-Wickham house on the east side of New Suffolk Lane near Cases Lane in Cutchogue and the Universalist Church on the Main Road in Southold. In addition, as part of the nation's bicentennial celebration in 1976, George and Lynn Summers prepared a map of historic sites in the Town of Southold erected prior to 1815. The Summers will be updating this map in the spring and summer of 1983 in preparation for the County's three hundredth birthday celebration. A compilation of entries listed in the State log, those sites indicated on the bicentennial map and some properties listed in local historic society publications are recorded on a separate r-3 I I I I I I I I I I I I I I I I I I I * map which will be available in Town Hall. It is clear that a significant portion of the residential properties listed are found along Route 25, the so-called Main Road of the Town, with concentrations of historic properties in each of the hamlet areas and particularly Mattituck, Cutchogue, Southold and Orient. Indian locations/archeological sites tend to be closer to the Bay and Sound. The pattern of historic sites and cultural-archeo- logical resources will undoubtedly influence the Master Plan. Further work needs to be done in the Town to catalogue all properties of historic and archeological significance. It has been estimated that OAe-half of the Town's properties have been catalogued on the State's "blue forms." Since preservation of the quality of life in Southold includes preservation of its characteristic structures, a priority should be placed on identi- fying*~nd protecting historic areas and cultural resources in the Town. Each of the hamlets has a historic area that should be documented, as has been done in Orient, and steps must be con- tinually taken for the preservation and enhancement of these areas. As one step in this direction, a local law to establish a Landmark Preservation Commission was adopted on January 18, 1983, and a commission of five members has recently been appointed. . ~~ woulc like to thank Jean Tledke for her ~rac1c~s assistance in co~p111ng this map. .. GUidelines an~ Standards for Archeolo~lcal and P.~storic Preservation from the National Park Service, Depart=eot of the Interior were publlsh~ in the Federal Register of September 29, 1983. While these are not yet requlatlon~, they can provide valuable information to Town residents and organizations. 1-4 I I I I I I I I I I I I I I I I I I S41 I SZEPATQWSKI ASSOCIATES INC. ENVIRONMENTAL CON5L'lTANTS & PLANNERS S41 SECTION I.C. REPRINT OF SOUTHOLD DRAFT LOCAL WATERFRONT REVITALIZATION PROGRAM Section on Significant Wildlife Habitats I I I I I I I I I I I I I I I I I I S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTA'<l, I S41 IX. SIGNIFICANT HABITATS The State of New York has recognized 18 habitats within Southold that are considered significant in accordance with the criteria set forth in policy 7 of the 44 state coastal policies. This policy states that certain habitats support fish and wildlife populations which are particularly important and therefore merit the special protection afforded under this policy. Discreet areas which are considered to be most important to their habitat value are designated by the state as "significant coastal fish and wildlife habitats". The state designation process involves the identification of potentially significant habitats, a thorough evaluation of the fish and wildlife values contributing to the habitat's importance, and the preparation of documents supporting the designation of the habitat. Additional information and verification of the evaluation is then sought for each habitat through public hearings. The final step in habitat designation is completed with official mapping of the habitat on the Coastal Area Map. The State Department of Environmental Conservation assists Department of State (DOS) in identifying and evaluating potentially significant habitats. The documentation supporting a habitiat's designation is in the form of a Habitat Narrative which includes: (1) the quantitiative basis for designation (rating forms); (2) the habitat location and description; (3) a summary of fish and wildlife values; (4) an impact assessment identifying parameters essential to the habitat's value, and generic activities likely to impair the habitat's viability; (5) a list of sources of information providing the basis for the evaluation; and (6) a map delineating the habitat boundary. In order to qualify as a Significant Coastal Habitat, one or more of the following requirements must be met: (1) the habitat is essential to the survival of a large portion of a fish or wildlife population; (2) the habitat supports rare or endangered species or species of a special concern; (3) the habitat supports fish or wildlife having commercial, recreational, or educational value to the residents of the state; and (4) the habitat is a type which is not common in the state. Whether or not a habitat is difficult or impossible to replace is also considered. in evaluating the habitat's importance. The habitats within Southold which meets these requirements include: Cedar Beach Point, Conkling Point, Corey Creek, Cutchoque Harbor and Wetlands, Downs Creek, Fishers Island Beaches, Harshamomack Pond, Hungry Point ISlands, Jockey Creek Spoil Area, Little Creek and Beach, Long Beach Bay, Mattituck Inlet Wetlands, Orient Harbor Plumgut, Port of Egypt Island, the Race, Richmond Beach and Creek and Robins Island. 1-6 I I I I I I I I I I I I I I I I I I S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTA:-.iT, I S41 The information the information designate these that follow this section represent state is basing its decisions on to significant habitat. and maps that the areas as The significant habitat program has gone through extensive public review and with the generous cooperation and assistance provided by the residents of Southold, it can move towards implementation, providing these areas with the needed protection they deserve. Analysis Based on the information provided by the state the town should implement policy 7 in the LWRP which states "In order to protect and preserve these Significant Habitats, actions shall not be undertaken which would destroy or significantly impair the viability of an area as a habitat. It should further be stated in policy 7A Locally Important Coastal Habitats (identified by name) shall be protected, preserved, and where practicable, restored so as to maintain its viability as a habitat. policies and procedures should be developed to designate locally significant habitats on a town level. These could include but would not be limited to undeveloped and developed bluff areas, areas too small to be recognized by the state and areas important to recreation as well as habitat. 1-7 I I I I I I I I I I I I I I I I I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM ------------------------------------------------------------------------------- Name of Area: Mattituck Inlet Wetland County(ies): Suffolk Town(s): Southold 7.5' Quadrangle(s): Mattituck Hills, New York ECOSYSTEM RARITY (ER): Relatively small, undeveloped tidal wetland with strong tidal flushing into Long Island Sound; rare in northern Suffolk County. SPECIES VULNERABILITY (SV): Osprey (T) nesting. HUMAN USE (HU): No significant fish or wildlife related human uses of the area. POPULATION LEVEL (PL): No unusual concentrations of any fish or wildlife species occur in the area. REPLACEABILITY (R): Irreplaceable (IS) Individual Score 9 25 o o (R) Replace- ability x 1.2 x 1.2 x 1.2 x 1.2 1.2 SIGNIFICANCE = [(ERleR) + (SVxR) + (HUxR) + (PLxR)] 1-0 (ISxR) Final Score = 10.8 = 30.0 = 0.0 = 0.0 = 40.8 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION MATTITUCK INLET WETLAND LOCATION AND DESCRIPTION OF HABITAT: The Mattituck Inlet Wetland habitat area is located north of the Village of Mattituck on Long Island Sound, in the Town of Southold, Suffolk County (7.5' Quadrangle: Mattituck Hills, NY). The fish and wildlife habitat consists of an approximately 60 acre tidal wetland and creek. North of the wetland, Mattituck Inlet, a deepwater inlet with strong tidal flushing, enters Long Islano Sound. South of the inlet, Mattituck Creek extends approximately for an additional mile with moderate residential and marina development. The wetland habitat itself is undisturbed; the majority of the wetland is owned by the New York State Department of Environmental Conservation. FISH AND WILDLIFE VALUES: Small, undisturbed tidal wetlands with good flushing are unusual in northern Suffolk County. The Mattituck Inlet Wetland has a high primary productivity which supports a large variety of fish and wildlife species both in the wetland itself and around the mouth of the inlet in Long Island Sound. Osprey (T) nested on the state property in the wetland in 1984 and 1985 and feed in the wetland and on the creek. The wetland also serves as an important habitat for a variety of other wildlife as well as marine finfish and shellfish. Surf clams, hard clams and mussels have been harvested in or adjacent to the habitat area but there has been pollution problems due to marina development and consequent shellfish closures. IMPACT ASSESSMENT: Any activity that would substantially degrade the water quality in Mattituck Creek and the tidal wetland would adversely affect the biological productivity of this area. All species of fish ana wildlife are affected by water pollution such as chemical contamination (including food chain effects), oil spills, excessive turbidity, and waste disposal. The existing pollution from the marina development in the area should be minimized to enhance this habitat area. Alteration of tidal patterns by modification of the inlet could have major impacts on the biological productivity and the fish and wildlife species present. Elimination of salt marsh and intertidal areas, through dredging, excavation or filling, would result in a direct loss of habitat area. Nesting osprey inhabiting the area may be vulnerable to disturbance by humans from April through mid August. Recreational activities near active osprey nest sites should be minimized 1-9 I I I I I I I I I I I I I I I I I I I during this period. Construction of shoreline structures such as docks, piers, bulkheads or revetments in previously undisturbed areas would have a significant impact on the fish and wildlife resources of the Mattituck Inlet wetland. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, Wildlife Manager or Louise Harrison, Environmental Protection Biologist NYS DEC Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516) 751-7900 NYS DEC - Significant Habitat Unit Wildlife Resources Center Delmar, NY 12054 Phone: (518) 439-7486 Paul stoutenburgh or Martin Garrell Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Phone: (516) 765-1801 1-10 I- I 1'-:- I I I I I I I I I I I I I -------. I 2,' I 11 ~ -'- . . . + . . . '. -~ . , .' . ~~. T , -.r c; ,~ ~.' - . -- --~'y . /'!, Oo\A'( ...~~ ,..24- " \',:< -~ ~,y--' ,~. "," , ~ , 1D90 3000 ~- .000 =3" Quad: Hattituck Hills. NY Area Name: Hattituck Inlet Habitat Boundary- Pate 1 of 1 , SCALE 1:24000 o --~ .- IC<IO - - o 2000 .. 1 .5 0 -~._-_. Pclyconic projection. 1927 North American 1-11 lOOQ.mE:ter ticks based on the New York Transverse Mercator arid. I I I I I I I I I I I I I I I I I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM ------------------------------------------------------------------------------- Name of Area: Downs Creek County(ies): Suffolk Town(s): Southold " 7.5' Quadrangle(s): Southold. NY: Southampton. NY ------------------------------------------------------------------------------- (IS) Individual Score (R) Replace- ability (ISxR) Final Score --------------------------------------- ECOSYSTEM RARITY (ER): 9 x 1.2 = 10.8 Relatively large. undeveloped salt marsh and tidal creek which has never been dredged: unusual in Suffolk County. SPECIES VULNERABILITY (SV): 25 x 1.2 = 30.0 Osprey (T) nesting. Diamondback terrapin (SC) have been seen. but importance of this area to the species not adequately documented. H1lMAN USE (HU): o x 1.2 = 0.0 Bank mussel harvesting of local significance. POPULATION LEVEL (PL): o x 1.2 = 0.0 No unusual concentrations of any fish or wildlife occur in the area. ------------------------------------------------------------------------------- REPLACEABILITY (R): 1.2 Irreplaceable ------------------------------------------------------------------------------- SIGNIFICANCE = [(ERxR) + (SVxR) + (HUxR) + (PLxR)] = 40.8 1-12 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION DOWNS CREEK LOCATION AND DESCRIPTION OF HABITAT: Downs Creek is located approximately one mile southwest of the hamlet of Cutchogue, in the Town of Southold, Suffolk County (7.5' Quadrangles: Southold, N.Y.; and Southampton, N.Y.). The fish and wildlife habitat is an approximate 70 acre tidal estuary, containing salt marsh, open water, and mudflats. The area surrounding Downs Creek is almost entirely undeveloped, with mature woodlands bordering the marsh. FISH AND WILDLIFE VALUES: Downs Creek is a relatively small coastal wetland area, but is unusual in Suffolk County because it exists in a nearly natural, undisturbed condition and has never been dredged. This area is utilized by variety of fish and wildlife species, including at least one pair of osprey (T). These birds have nested on a man-made platform located near the mouth of Downs Creek since at least 1982. The estuary serves as a feeding area for the osprey, along with herons, egrets, waterfowl, shorebirds, and other wildlife. Diamondback terrapin (SC) have been seen here but the importance of this area to the species has not been documented. Downs Creek is also a highly productive area for marine finfish and shellfish. This area serves as a nursery and feeding area (from April - November, generally) for many estuarine fish species, including scup and winter flounder. Ribbed mussels and fiddler crabs are abundant in the tidal creek banks within the marsh. Bank Mussels are commercially harvested for bait fish in the creek. IMPACT ASSESSMENT: Any activity that would substantially degrade the water quality in Downs Creek would adversely affect the biological productivity of this area. To preserve the pristine nature of this creek, no dredging should occur unless neccessary to stabilize the inlet. All species of fish and wildlife would be affected by water pollution, such as chemical contamination (including food chain effects), oil spills, excessive turbidity, and waste disposal. Alteration of tidal patterns in Downs Creek (e.g., by modifying the inlet) would have major impacts on the fish and wildlife species present. Elimination of salt marsh and intertidal areas, through dredging, excavation, or filling, would result in a direct loss of valuable habitat area. Nesting osprey inhabiting the area may be vulnerable to disturbance by humans from April through mid-August. Recreational activities (e.g. boat landing, I-13 I I I I I I I I I I I I I I I I I I I picnicking) near active osprey nest sites should be minimized during this period. Construction and maintenance of shoreline structures, such as docks, piers, bulkheads, or revetments, or other disturbance of adjacent woodland habitats may have a significant impact on the fish and wildlife resources of Downs Creek. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, wildlife Manager or Louise Harrison, Environmental Protection Biologist NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516)751-7900 John poole, Marine Resources Specialist IV Bureau of Marine Finfish and Crustaceans NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 phone: (516)751-7900 Pieter VanVolkenburgh, Chief Bureau of Shellfisheries NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516)751-7900 NYSDEC - Significant Habitat Unit Wildlife Resources Center Delmar, NY 12054 phone: (518)439-7486 Paul Stoutenburgh or Dr. Martin Garrell Town of Southo1d Town Hall, 53095 Main Read P.O. Box 1179 Southo1d, NY 11971 1-14 .1. ~ .,. .... -", ~ -,., -.,.. .". << .. I I I I I I I I I I 454 ()DOOnL N. ~ G " ,..::,:it~ . ',". ..~.;;. . . . ;E . . S~ 0 U T 13 H 0 L D D 13 .u 7 NEW YORK STATE DEPARTMENT OF TRANSPORTATION 72"30' 41'00' " I' I f .. 280000 3 7 3D NORTH RACE .. 11 .. .. . . 2 ~ u ~ ~ ~ 10 ; ..,...,-::,,\,' .c.1 _". Cutr.".ogil' Hurb()r . -~-:~-- .........~ .t ~.~ 'l_.:. .. ~~ 10 12 " . . '" Quad: Southampton. NY Area Name: Downs Creek Habitat Boundarv Pa.. 1 of 2 23 . ~ 1-15 ~A n :4 / / I. 1 1 1 1 1 1 1 I," ,- " . . 1 1 1 1 I' 1 1 1 1 ',', ":',", \. J ~ :; l'.......s! ~ (.';.-...... J .' "\; . '0.. ~..Cutchugue:- "." 1.- . ,. \ \.~. ,;. . ... ., " .. ~ ", t' . "j. \ .: ,', .. .\.<\>10-- Cll~ngue S1.& I": ;-', ".). ,- Prepared and published in 198J by the New York Stlte Department of Transportation. in cooperation with the U.S. Department of Transportation. Feder.' Hi.hwIY Administration. M.p blse from 1956 U.S. Ge"'olic.r Survey 7.S-minute Quadr.",'e. Map revisions mlde vsin; J 980 .erial photogrlphy, construction plans, offici,' records and other sources. Features revised include: hiahwIYS and other transpnrtltion flcilities; civil boundaries; recre.tion lites; hydrography; and buildinas. G"ey tint i,ndicate,s intensely developed Ireas in which only landmark buildin'5 .re shown. Revisions may not comply with Nlti~nll Map Accuracy Standards. Correspondence concern in a this and other maps of the Department of Transportation should be directed to: Map Information Unit. New York State Department of Transportation, State Campus. Alb.ny. New York 12232. 1981 revisions by J, Simonsen 1-16 . 'b . '. v'.: 0 ".r .\ I '.' ~ ~ , \ :. ./ "\ "',\:;'Y "\.1' / \... ... .~'; 'oe=- ; '. . . - _.L :,,~ < l =--=--- Pol;, !:>:-"(\.m~ter !-t:"H- -i" I~: 78" Yo "'!';t::)" .,1:. .A,~ets U! ::,:':O:..::ot t::.il.s DC!: ~i!i'let; QUADRANGLE LOCATION :-:':-.1-:', ~.: :'; I~ ~ Quadl Southold. NY Area Namel Downs Creek Habitat Boundary P..e 2 of 2 I I COASTAL FISH & WILDLIFE HABITAT RATING FORM I I I I I I I I I Name of Area: Robins Island County(ies): Suffolk Town(s): Southold 7.5' Quadrangle(s): Southampton. New York (IS) Individual Score (R) Replace- ability (ISxR) Final Score I I I I I ECOSYSTEM RARITY (ER): 64 x 1.2 = 76.8 --------- --------- ------ Undeveloped marine island is rare in New York State. SPECIES VULNERABILITY (SV) : 25 x 1.2 = 30.0 --------- --------- ------ Osprey (T) nesting. One pair of piping plover (T) nested in 1985. but the importance of this area to the species not documented. HUMAN USE (HU) : 0 x 1.2 = 0.0 --------- --------- ------ This score is zero be-cause access to this island is restricted and, therefol€. there is no recreational or commercial fish and wildlife related human use. POPULATION LEVEL (PL) : 16 x 1.2 .- 19.2 --------- --------- ---- -- The concentrations of nesting oapreys is unusual in the State of New York. ------------------------------------------------------------------------------- REPLACEABILITY (R): 1.2 Irreplaceable I ------------------------------------------------------------------------------- SIGNIFICANCE = [(ERxR) + (SVxR) of (l!']xR) + (PLxR)] = 126.0 I I 1-17 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION ROBINS ISLAND LOCATION AND DESCRIPTION OF HABITAT: Robins Island is situated between Great and Little peconic Bays, Long Island. This island lies approximately one and one-quarter miles southwest of Little Hog Neck, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southampton, N.Y.). Robins Island is an undeveloped marine island, approximately 450 acres in size. It includes approximately four miles of stony beach, several freshwater and tidal saltwater marshes, an island pond and bog, mature wooded areas, grassland and maritime shrublands. The island is owned by Southold Development Corporation, a real estate speculation firm. FISH AND WILDLIFE VALUES: Undeveloped marine islands of this size are rare in New York State. Robins Island provides a secluded habitat for a variety of wildlife species, including several endangered and threatened species. In 1983, 5 osprey (T) nests were observed on the shores of the island. Least terns (E), roseate terns (E), and common terns (T) were last reported nesting on the island's beaches in 1976. One pair of piping plover (T) nested in 1985. At the same time, black-crowned night herons, snowy egrets, yellow-crowned night herons, and green herons were nesting in an extensive heronry which is no longer present. These species still feed in and around the marshes located at the northwestern end of Robins Island. Red-tail hawks and great-horned owls may also nest on the island. Many species of shorebirds utilize the shores and marshes as feeding grounds during migration, including black-bellied plover, ruddy turnstone, lesser yellowlegs, greater yellowlegs, sanderling, semipalmated plover, and semipalmated sandpiper. A colony of bank swallows nest i~ the sandy bluffs located on the western shoreline of the island. Approximately 400 acres of upland oak-hickory woods provide habitat for a variety of passerine birds and a population of white-tailed deer. The waters in the vicinity of Robins Island provide recreational fishing and commerical bay scallop fishing opportunities. However, because access to the Island is restricted, there is currently no recreational use of the island itself. I-IS I I I I I I I I I I I I I I I I I I I IMPACT ASSESSMENT: Human disturbance of any part of Robins Island, including the beaches, marshes or woodlands would adversely affect the wildlife species which nest and feed on and around this uninhabited island. Any activity affecting the water quality in this area would adversely impact the bay scallop and other fisheries here. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Mike Scheibel Region 1 NYSDEC Building 40, SUNY Stony Brook, N.Y. 11790 phone: (516) 751-7900 Harry Knoch Wildlife Manager Region 1 NYSDEC Building 40, SUNY Stony Brook, N.Y. 11790 Phone: (516) 751-7900 I-19 1-.- . -~ . "" 1'<:' ,:;-_..<'::;._.....:,';"00 :J-:;"'~~''';'-:'' ,~. < /. ",f . .4 i ... c>~.--...-=----=-':< ~\1 ';. /\~_.: / I 1~~*I~~r.~_.> /i;~~'~ '.~,'::~ ! .(e' ,k,""",! ". 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',.., '5 I I I I I I I I I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM ------------------------------------------------------------------------------- Name of Area: Cutchogue Harbor and Wetlands County(ies): Suffolk Town(s): Southold 7.5' Quadrangle(s): Southold, New York; Southampton, New York ------------------------------------------------------------------------------- (IS) Individual Score (R) Replace- ability (ISxR) Final Score ECOSYSTEM RARITY (ER): 12 x 1.2 = 14.4 Bay-wet1and complex, unusual in northern Long Island, but degraded in places by marina/residential development. Geometric mean: -J 9><16 = 12. SPECIES VULNERABILITY (SV): 56.8 x 1.2 = 68.2 Least tern (E), piping plover (T), osprey (T) and diamondback terrapin (SC) nesting. Additive division: 36 + 25/2 + 25/4 + 16/8 = 56.75. HUMAN USE (HU): 14 x 1.2 = 16.8 I I I I I I I I Commercial and recreational scalloping significant on a level between Long Island and Suffolk County. Geometric mean: -J 9x1b = 12. Clamming significant at the county-level. Additive division: 12 + 4/2 = 14. POPULATION LEVEL (PL): 4 x 1.2 = 4.8 Concentrations of osprey is significant at the county-level. Concentration of scallop is significant at the county-level. ------------------------------------------------------------------------------- REPLACEABILITY (R): 1.2 Irreplaceable ------------------------------------------------------------------------------- SIGNIFICANCE = [(ERxR) + (SVxR) + (HUxR) + (PLxR)] = 144.2 1-21 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION CUTCHOGUE HARBOR AND WETLANDS LOCATION AND DESCRIPTION OF HABITAT: Cutchogue Harbor and its adjacent wetlands are located west of Little Hog Neck , opening into Little peconic Bay in the Town of Southold, Suffolk County (7.5' Quadrangles: Southold, N.Y. and Southampton, N.Y.). This approximate 490 acre habitat includes the shallow open water area of Cutchogue Harbor (205 acres) and three adjacent, distinct tidal wetland/creek areas: Wickham Creek, Haywater Cove, and Meadow Beach (Horseshoe Cove). The Wickham Creek area contains approximately 70 acres of undisturbed tidal creek and Salt Marsh located behind a low beach on Cutchogue Harbor. The Haywater Cove area consists of approximately 190 acres of Salt Marsh islands, mudflats, open water and tidal Creek including East Creek, Mud Creek and Broadwater Cove. All three of these tidal creeks have been disturbed to some extent by adjacent residential and recreational development. The Meadow Beach area is an approximate 25 acre area, including a 15 acre wetland preserve owned by the Nature Conservency, bordered by undeveloped wooded shoreline. Much of the Cutchogue Harbor and Wetlands area receives moderate summer recreational use. FISH AND WILDLIFE VALUES: The Cutchogue Harbor and Wetlands complex represents a valuable ecosystem area in northern Long Island. Although the three wetland sites are relatively small, and subject to human disturbances, they provide suitable habitat for a variety of coastal wildlife species, including osprey (T), least tern (E), piping plover (T) and diamondback terrapin (SC). Two pairs of osprey nested in the area in 1982, 1983, and 1984, using man-made nesting platforms placed at Wickham Creek and Meadow Beach. The Meadow Beach pair has been especially productive during this periOd (3 young per year), and have served as a source of young birds for the NYSDEC's -haCking- program in western New York. A nesting platform in Haywater Cove was active in 1983, and is an important potential nesting site. Meadow Beach also contains a relatively small nesting colony of least terns, with 20-60 pairs present during 1982-1984. Up to 4 pairs of piping plovers have also been confirmed nesting at Meadow Beach and Wickham Creek during this period. One pair of piping plover nested during 1985. Diamondback terrapin nest in the Haywater Cove area. I-22 I I I I I I I I I I I I I I I I I I I The Cutchogue Harbor Wetlands serve as valuable feeding areas for the species noted above, as well as for herons, egrets, waterfowl, shorebirds, and a variety of other wildlife species. Bird species that are probable or confirmed inhabitants of the area include green-backed heron, yellow-crowned night heron, Canada goose, mallard, black duck, clapper rail, killdeer, belted kingfisher, red-winged blackbird, and sharp-tailed sparrow. Cutchugue Harbor and Wetlands are very productive areas for marine finfish and shelfish. The marshes, mudflats and tidal creeks contribute significantly to the biological productivity of Cutchogue Harbor and adjoining portions of the peconic Bays. These areas serve as important habitats for bay scallops, hard clams and conch. The Cutchogue Harbor area is one of the top three areas in Southold for the harvesting of both scallops and clams. The level of scalloping is significant in Long Island and the level of clamming is significant in the county. There is also a conch fishery of local importance. Ribbed mussels and fiddler crabs are abundant in the tidal creek banks within the area. The wetlands and tidal creeks serve as nursery and feeding areas (April-November, generally) for many estuarine fish species, including scup and winter flounder. IMPACT ASSESSMENT: Any activity that would substantially degrade the water quality in Cutchogue Harbor or the adjacent wetlands and creeks, would adversely affect the biological productivity of this area. All species of fish and wildlife may be affected by water pollution, such as chemical contamination (including food chain effects), oil spills, excessive turbidity, and waste disposal. It is essential that high water quality be maintained in the area, through control of sewage discharges from recreational boats and upland sources. Alteration of tidal patterns in the Cutchogue Harbor Wetlands (e.g., by modifying the inlets) could have major impacts on the fish and wildlife species present. Barriers to fish migration, whether physical or chemical, into Wickham Creek or Haywater Cove would have a major impact on the fishies. Elimination of salt marsh and intertidal areas, through dredging, excavation, or filling, would result in a direct loss of valuable habitat area. Unregulated dredge spoil disposal in this area would be detrimental, but such activities may be designed to maintain or improve the habitat for certain species of wildlife. Nesting osprey, terns, and plovers inhabiting the area are vulnerable to disturbance by humans from April through mid-August. Recreational activities (e.g., boat landing, picnicking) in areas near nesting sites should be minimized during this period. Fencing and/or annual posting of tern and plover nesting areas should be provided to help protect these species. Construction of shoreline structures, such as docks, piers, bulkheads, or revetments, in areas not previously disturbed by development, may result in the loss of productive areas which support the fish and wildlife resources of the Cutchogue Harbor area. 1-23 I I I I I I I I I I I I I I I I I I I KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, Wildlife Manager or Louise Harrison, Environmental Protection Biologist NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516) 751-7900 John Poole, Marine Resources Specialist IV Bureau of Marine Finfish and Crustaceans NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516) 751-7900 Pieter VanVolkenburgh, Chief Bureau of Shellfisheries NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516) 751-7900 NYSDEC - Significant Habitat Unit Wildlife Resources Center Delmar, NY 12054 Phone: (518) 439-7486 Paul Stoutenburgh or Martin Garrell Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 (516) 734-6605 Chris Smith NYS Sea Grant Riverhead- Cornell University Laboratory 39 Sound Avenue Riverhead, NY 11901 Phone: (516) 727-3910 1-24 I I I I I I I I I I I I I I I I I I I Ralph Condit 46 A pine Tree Road Cutchogue, NY 11935 Phone (516) 734-5547 1-25 ,'I ,,,,,:, '1' \':.... .)\\/. . ..\\ '\ . ! . .Y.$,: ' ,"~"';\, , . . , J. .,..,/ / < I_.;.~ ." "...r.. " .....0. ',', , (.1,,_, \ '0 , " l '.\. 2< I I .... <> i' 10 . u L I T 2< 23 17 . 2/ LITTLE PECONIC BA Y I 27' 30" I =---- t 0- ....-=::::1- SCALE J:2t O::G o .-; OJ;,., York State Department :._~~~:~j~~~' Department of :: ~"'.eJ 7.5-minute quadrangle, I ~-:::.~~grzphy, constructic,n ,; _"ce5. Features revised ':'s.::c.':atic:"l facilities; ci....il ,':-:irap"lY; and buildings. 'I;~d erea5 in which only ;..= 1.'.a;:> Accuracy Standards_ I::: 'T'i:pS of the Department :- :c: M20 Information Unit. 0,"";.;0'1c:t;on, State. Campus, ....r_- 1000 0 r=I~ lqoo '000 3X.J o .1.:((' ~~,..;.':~ I ~ ,S - - ----..-- -_._--- ~---- Polyconic projection. 1927 No.~;" A..,~r:can datum. lOaD-meter ticks based on the NO:'N Y.:.:~ :ran~..erse ~ercator Between 12- and 78- Wer.t Longitude, ttl;s, arid 1$ ':l~.~:~::;> Z::"'elS c' tOle Un'.. Mercator arid. Areas east of 72- and wes: of 7S- ar~::! ',-;t ~at~!,'Tlatical utera 10,000-foot ticks based on the Ne.... York Pla"'~ Coorcinate grid, Lo Magnetic declination for 1981 is a:--;>..-oximately 14- We~ QUADRANGLE LOCATION SPECIJ..L TCrO.:.;q.:..~:- : =:.:-IO~J Contours. at lC'-!(1ot ,M~'di~. s.'~".- _~':-0.5-=1 ~"-,,, ~__ G~oJoeltil! SUr\€Y ;Tlap. Cas:".;,c ,..:.:; -~:"e:se"~ 5 _fO,',~ c: Datum is r.lt'an sea It:-ve:. I I Quad: Southold. NY Area Name: Cutchogue Harbor Wetlands Habitat Boundary: Page 1 of 2 I I I 1-26 I I 'I:-:)N 'I' . . u I 30 :'i':_ R TH I I , I I I I I I I ;I'.SV' !: Ct..; i ,&. "~-:""<\''''' " . iol 't ~~-Q~i!< ~ l,~~~;' ,:" t~10~~~: .} ':"~~-A..N . ,'.: ~-i::i"...~. '-!~iLff~---oI;Y 27'30" m ____ ".__. n.,' -;, Cutchogue ar or 14 5 10 10 12 16 I. < . . I. 24 T nH 0 L D 13 +20 23 13 7 R A CE 30 . 31 3:- . .. 16 2 " / / / /27 / ~ / "v / / \> / 30 / <\. / x Quad: Southampton, NY Area Name: Cutchogue Harbor Wet' ands Habitat Boundary: Page 2 of 2 / / / / / / C FY 15 / / / 58 2< 21 47 . 5 2 10 . SOUTr 1-27 32 2~ 25 ,. · NassClu Point . 24 5 . 24 x n . . .2 I I I I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM ------------------------------------------------------------------------------- Name of Area: Little Creek and Beach County(ies): Suffolk Town(s): Southold 7.5' Quadrangle(s): Southold. New York ------------------------------------------------------------------------------- (IS) Individual Score (R) Replace- ability (ISltR) Final Score --------------------------------------- I I I I I I I I I I ECOSYSTEM RARITY (ER): 9 It 1.0 = 9.0 Relatively small. undeveloped salt marsh. creek and sand beach. unusual on the north fork of Long Island. SPECIES VULNERABILITY (SV): 16 It 1.0 = 16.0 Diamondback terrapin (SC) nesting. Piping plover (T) present in 1983. absent in 1984 and 1985. Importance of this area to the species is not adequately documented. HUMAN USE (00): o It 1.0 = 0.0 Commercial and recreational crabbing and clamming of local importance. POPULATION LEVEL (PL): o It 1.0 = 0.0 No unusual concentrations of any fish or wildlife species occur in the area. ------------------------------------------------------------------------------- REPLACEABILITY (R): 1.0 Uncertain of ability of replace. ------------------------------------------------------------------------------- I I I SIGNIFICANCE = [(ERxR) + (SVltR) + (OOltR) + (PLltR)] = 25.0 1-28 I I I I I I I I I I I I I I I I I I I '. u*SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATu* PROJECT DESCRIPTION LITTLE CREEK AND BEACH LOCATION AND DESCRIPTION OF HABITAT: The Little Creek and Beach habitat area is located just north of Little Bog Neck facing Little peconic Bay in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat is approximately 45 acres in size, consisting of sparsely vegetated sand beach, a tidal inlet, a small protected bay and creek (Little Creek), mud flats and salt marsh. There is low density residential development around the border of the area. FISH AND WILDLIFE VALUES: Little Creek and Beach is a small coastal beach/creek/wetland area, similar in nature to other creeks around the peconic Bays shoreline, but unusual in that it is undeveloped. The area is important as a habitat for various fish and wildlife species. The habitat is a confirmed nesting area for diamondback terrapin (SC) which are relatively uncommon on the north shore. This species lays its eggs on the sand beaches bordering the marsh. The tidal creek and salt marsh provide feeding area cover for the terrapin during this period (April-July). Piping plover (T) nested on the beach in 1983 but not in 1984 or 1985. The importance of the beach as a habitat for piping plover is not well documented. The tidal marsh serves an important feeding area for the terrapins, shorebirds and other wildlife. The creek is also important for various species of marine shellfish and finfish. Little Creek is one of the best areas in the town for crabbing and is also locally important for clamming. IMPACT ASSESSMENT: Diamondback terrapin and piping plover inhabiting Little Creek Beach are vulnerable to disturbance by humans from mid-April through July. Significant pedestrian traffic or recreational vehicle use of Little Creek Beach could easily eliminate the terrapin and plover populations and should be minimized. Fencing and/or annual posting of the area should be provided to help protect the terrapin and nesting bird species. Unregulated dredge spoil disposal in this area would be detrimental but such activities may be designed to maintain or improve the habitat, by setting back vegetative succession. Elimination of salt marsh vegetation, through landfilling, dredge spoil disposal or excavation would result in a direct loss of habitat area. Any activity that would substantially degrade the water quality of Little Creek would adversely affect the biological productivity of this area. All species of fish and wildlife are affected by water 1-29 I I I I I I I I I I I I I I I I I I I pollution, such as chemical contamination (including food chain effects), oil spills, excessive turbidity, and waste disposal. Alteration of tidal patterns in the marsh (e.g. by modifying the inlet) could have major impacts on the fish and wildlife species present. Barriers to fish migration, whether physical or chemical, would have a major impact on the fisheries in Little Creek. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, Wildlife Manager or Louise Harrison, Environmental Protection Biologist NYS DEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11780 Phone: (516) 751-7900 NYS DEC - Significant Habitat Unit Wildlife Resources Center Delmar, NY 12054 Phone: (518) 439-7486 Paul Stoutenburg, Martin Garrell, or Jim McMahon Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Phone: (516) 765-1801 Ralph Condit 46A Pine Tree Road Cutchogue, NY 19935 Phone: (516) 734-5547 I-3D l/"'-' ',,\.f I . 'j""" " - ::," \. _I' ':'..";:' "b.~ ,- . .,>; .0 ~c.-..;::~~. . ' - ,,,,O! 1. .....: .:-:. .,1 ; - .IPECONIC BAY -=~-_!- 27'30" I I 1 - I 1 >----- 1000 0 1000 =.~.......... ~ 2 If; 10 ,. " 2/ .. 2. /0 5 13 , / L I T T L E 5; 22 IP I '" , 23 7 \ .. \ .3 B A. Y \ , 17 " \ 30 ,. \ \ \ \ \ .5 35 21 SOUTHAMPTON ---+- 2430000 25' SCALE 1:24000 o >- . 1 MoLE 2000 3000 5000 6000 - 7~n:ET 4000 1 KllOME7E~ 1 .5 0 ............ .---=.. ........--..-. .....:=r----o.. ;\i)~"; -) :::--s:()~: '= ~X,' !.'.!.~ C,),:=-.!..G:. I I_~ . -- -.- " ~-.J. -{1 , - :=--1 _ -,---, '", Polyconic projection. 1927 North American datum. loaD-meter ticks based on the New York Transverse Mercator grid. Betw~en 72' and 78' West Lonsitude, this arid is identical to Zone-1S 01 the Uni...ersal Trlnsv~rse Mercator grid. Areas east of 72' and west of 780 are direct mathematical utensions 01 Zon.! 18 S::l.--cL.:l l=-t:l 10,OOO-foot ticks based on the New York Plane Coordinate grid. Long Island Z~ne, ..-x....oi:J...:l -- Magnetic declination for 1981 is approximately 140 West ~.'.',:lE LOCATION I SPECIAL TOPQGRAPHIC ED1TI:J~ Contours. tll 10-foot inter~?ls, shOVlIn unre'Jised frC'''l 19S6 US Geologiul Sur\'ey rnap. Di'::.hed I:nes repr~sent 5 -f-:;0t"CG"'tD:J(::' DcJtllm is mean s..;:, l~:\"el. I I I I Quad: Southold, NY Area Name: Little Creek and Beach Habitat Boundary: Page 1 of 1 1-31 I I I I I I I I I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM Name of Area: Richmond Creek and Beach County(ies): Suffolk Town(s): Southold 7.5' Quadrangle(s): Southold, New York (IS) Individual Score ECOSYSTEM RARITY (ER): o Tidal creek, undeveloped sand peninsula, and salt marsh unusual in Suffolk County, but rarity diminished by dredging and development along the creek. Geometric mean: ~ = O. SPECIES WLNERABILITY (SV): 14 Confirmed diamondback terrapin (SC) nesting. Least tern (E) and piping plover (T) have nested in the area, but colony was inactive in 1983 (one pair of pp) and 1984/1985 (neither species present). Importance of the area not adequately documented. I I I I I I HUMAN USE (HU): o Crabbing and clamming of local importance. POPULATION LEVEL (PL): o No unusual concentrations of any fish or wildlife species occur in in the area. REPLACEABILITY (R): Uncertain of ability to replace. (R) Replace- >ability x 1.0 (ISxR) Final Score = 0.0 x 1.0 = 16.0 x 1.0 = 0.0 x 1.0 = 0.0 1.0 ------------------------------------------------------------------------------- I I SIGNIFICANCE [(ERxR) + (SVxR) + (HUxR) + (PLxR)] = 1-32 = 16.0 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION RICHMOND CREEK AND BEACH LOCATION AND DESCRIPTION OF HABITAT: Richmond Creek and Beach is located just west of Great Hog Neck with an inlet into Little peconic Bay, Town of Southold, Suffolk County (7.5' Quadrangle: Southold, N.Y.). The fish and wildlife habitat is approximately 135 acres in size consisting of a sand peninsula, salt marsh, and tidal creek. There is moderate residential development along the borders of the creek, portions of which have been dredged and bulkheaded. Much of the creek is lined by Soartina alternifora. The creek itself tends to be fairly muddy. FISH AND WILDLIFE VALUES: The creek/beach/marsh ecosystem at Richmond Creek is similar to other creeks in the area but serves as an important habitat to several vulnerable wildlife species. Diamondback terrapin (Se) nest on the beach. The tidal creek and salt marshes provide feeding areas and cover for terrapins during this period (April - July). The beach has also been a nesting area for least terns (E) and piping plover (T) but the colony was inactive in 1983 except for one pair of piping plover. The ~ite was inactive in 1984 and 1985. Further documentation is needed on the importance of this beach to the nesting shorebirds. The creek supports populations of overwintering black duck and mallard but the extent of use by these species is not documented. Richmond Creek is also a productive habitat for finfish, shellfish and crustaceans including blue claw crabs, clams and scallops. The creek is one of the top two creeks for crabbing in the town and is also important for Clamming. IMPACT ASSESSMENT: Diamondback terrapin inhabiting the barrier beaches of Long Island are vulnerable to disturbance by humans from mid-April through July. Significant pedestrian traffic or recreational vehicle use of Richnond Creek Beach could easily eliminate the nesting It"tlapin population and should be minimized. Nesting shore birc1f" if present, would also be vulnerable to hUT-.an disturbance. Fencing and/or annual posting of the area should be provided to help protect the terrrapin and nesting bird species. Unregulated dredge spoil disposal in this area would be delrin-,ental but such activities may be designed to maintain or improve the habitat, by ~E'ttin5 back vegetative succession. Elimination of salt ~arEh r-33 I I I I I I I I I I I I I I I I I I I vegetation, through landfilling, dredge spoil disposal or excavation would result in a direct loss of habitat area. Any activity that would substantially degrade the water quality of Richmond Creek would adversely affect the biological productivity of this area. All species of fish and wildlife are affected by water pollution, such as chemical contamination (including food chain effects), oil spills, excessive turbidity and waste disposal. Alterations of tidal patterns in the marsh (e.g. by modifying the inlet) could have major impacts on the fish and wildlife species present. Barriers to fish migration, whether physical or chemical would have a major impact on the fisheries in Richmond Creek. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, wildlife Manager or Louise Harrison, Environmental Protection Biologist NYSDEC - Region 1 Building 40, SUNY Stony Brook, New York 11790 NYSDEC - Significant Habitat Unit Wildlife Resources Center Delmar, New York 12054 Phone: (518) 439-7486 Paul Stoutenburgh or Martin Garrell Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Phone: (516) 765-1801 Ralph Condit 46-A Pine tree Road Cutchogue, New York 11935 Phone: (516) 734-5547 1-34 n '. - . .. .. . g . .. . ,. . I 320 000 , · T ; . ; Pipes :I Cove -':5' 1 . 10 Conklin. PI . '-'- --. : /// 7' -.l---j CS5(lXOm.N, / / J.nni"I~"-;- ~ / 10., .. ...; "~"~" / / / I I I I \ \ \ " , " - ............. " '. ., 10 . .50 .. . :I _: 1 Southold Ball n . . Ie '" II os SHELTER 1:1 :IS ISLAND .. '" I' S Quad: Southold. NY Area Name: Conklint Point Habitat Boundary Pate 1 of 2 :I . . .'-,-. r-35 II \ \ I ; u ct_.(" I , I , I / flo( i / ~"fl / 1/ ~a. .lit I / ~ '/1\ _......../.., .. ~ / 0" ! {o\Io~ /-",;- v"\ I , . I I \ , , jL"hIS~: I ~,.. : I , : / I . , . ':nnln. ./r., PI "I /.. / I: ",/ ti IS \ . 'I 1 I' 1 320000 1 I Dering Ha.rbor Chequil 1 iek.m onkling PI ........ -- / I I , , , .. , I .,/ / / _/ ..:" I " 1 " .~ 1 --t- i -\"-, ~~ 5' 1 J.::;;_ - ':.. -,.-- / . . . ~ ....,:,.. .#" -~.~ '-:. 'fj ~.... "4.. -~~ ~. ~:- 't ",,-.:f.. ~.:; "c " . F tz':'''r -:~.~ : .,.. :_." .1. '1' . e-:; 1 <55()OCllm.N. 1 1 1 0 1 cl -~ ::. 0 '" 1 1 1 1 IJ3 7J; i, o~_ ',-"0 \- l ; :.-'/- ~ .; ~- " \ --t' 't"'- f ~ . . V-~' 6"'--" , . t.- ,; \ --503- -- , ... '-..., ,'- - --' Shelter, '--r- r " ,Island .."1' _ , ~; - . I ~ ,,, , \ .' :;;L~; +' '. :-J'. ~ - ........,.- I 1 \!!ll!' '-~r, ~:-. t:'~-'" ''''~j .""r Rltlt,..-{l&..- ~ . l o ow" _ :~._ ~;~__ ~~__~~/. : .. .. '" --" - . ."- ~. .; ...:. _.~~.:tZ:~~D:;:-'- .E ...~_' -,<?': :.:-~:.... - - ~ .-' - .; .,~. t~ . . ....: t~---- -.....;.:- -, Quadl Gre.nport. NY Area Name: Conklin. Point Habitat Boundary. Pa.e 2 04= 2 .:. .. "" '0. '. .' '/)~' ..,. I . ..- W~.C:'1' '1tJIi:~1( 1-36 " .-__.1 lJl ""- - ~" \ -, ..1. ".9'" .1-: I." .'/ .' .cr;. " f , I ........, I~ -, ',/, /l(i f I~:-" '.' .'> . .".It. .,;:c~_ " 21 2' 22 10 . L I " 22 T T L E 2' 23 7 lJ 17 B A Y 30 " " I. .r~ / "/ IP E I \ \ \ \ \ \ \ \ \ \ \ 2. ~uad: Southold NY rea Name' R' ' Habi tat B' , chmond Creek Page 1 o/~ndar.Y: -- -'-------j-"~ 25' ,i 1-37 SCALE I I I I I I I I I I I I I I I I I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM ------------------------------------------------------------------------------- , Name of Area: Corey Creek County(ies): Suffolk Town(s): Southold 7.5' Quadrangle(s): Southold, New York ------------------------------------------------------------------------------- (IS) Individual Score (R) Replace- ability (ISxR) Final Score --------------------------------------- ECOSYSTEM RARITY (ER): o x 1.2 = 0.0 Small, partially developed creek/ marsh/beach area: not rare in Suffolk County. SPECIES VULNERABILITY (SV): 25 x 1.2 = 30.0 Osprey (T) nesting in 1983 and 1984. Small population of least terns (E) and piping plover (T) present in 1984, but importance of the area to these species is not adequately documented. HUMAN USE (HU): 9 x 1.2 = 10.8 Commercial scalloping in the creek is important in the Long Island region. Clamming is significant at the local level. POPULATION LEVEL (PL): 4 x 1.2 = 4.8 Concentrations of scallops significant in Suffolk County. ------------------------------------------------------------------------------- REPLACEABILITY (R): 1.2 Osprey nesting platform easily replaced, but creek/beach ecosystem irreplaceble. ------------------------------------------------------------------------------- SIGNIFICANCE = [(ERxR) + (SVxR) + (HUxR) + (PLxR)] = 45.6 1-38 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION COREY CREEK LOCATION AND DESCRIPTION OF HABITAT: Corey Creek and Beach is located on the southwestern shoreline of Great Hog Neck on Little peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat consists of approximately 130 acres of tidal creek, salt marsh, mudflats and beach. The area around the western shoreline of Corey Creek and Moyle Cove is a developed residential area and some portions of the creek have been dredged and bulkheaded. The beach is a small sand beach and dredge spoil area which is somewhat degraded by human disturbance. FISH AND WILDLIFE VALUES: The small disturbed tidal creek and beach found at Corey Creek is not a rare ecosystem type but the area functions as an important habitat for a variety of fish and wildlife. One pair of osprey (T) nested on a platform on the beach in 1983 and 1984. A small population of least tern (E) and piping plover (T) were present on the beach in 1984 but the extent of use by these species is not adequately documented. Diamondback terrapin (SC) have also been seen but the nesting sites and the importance of this area to these species is not well documented. The creek serves as a feeding area for the osprey along with waterfowl, shorebirds and other wildlife. The creek is a productive area for marine finfish and shellfish. The area serves as a important nursery area and habitat for shellfish including bay scallops and hard clams. The creek is one of the top three areas in Southold for scalloping and is significant to the Long Island region. It is one of the top five clamming areas in the town. The creek area is also locally important for waterfowl hunting. IMPACT ASSESSMENT: Any activity that would substantially degrade the water quality in Corey Creek would adversely affect the biological productivity of this area. All species-of fish and wildlife would be affected by water pollution such as chemical contamination (including food chain effects), oil spills, excessive turbidity, and waste disposal. It is essential that water quality be maintained in the area to protect the bay scallop fishery. Alterations of tidal patterns in Corey Creek (e.g. by modifying the inlet) would have major impacts on the fish and wildlife species present. Barriers to fish migration, whether physical or chemical would have a major impact on the fisheries of Corey Creek. Elimination of salt marsh 1-39 I I I I I I I I I I I I I I I I I I I and intertidal areas, through dredging, excavation or filling, would result in a direct loss of habitat area. Unregulated dredge spoil disposal in the beach area would be detrimental but such activities may be designed to maintain or improve the habitat for the nesting shorebirds by setting back vegetative succession. Nesting osprey inhabiting the area may be vulnerable to disturbance by humans from April through mid-August. Recreational activities (e.g. boat landing, picnicking) near active osprey nest sites should be minimized during this period. Construction of shoreline structures such as docks, piers, bulkheads or revetments, in areas not previously disturbed by development (e.g. natural beach or salt marsh) may result in a loss of productive areas which support the fish and wildlife resources of Corey Creek. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, Wildlife Manager or Louise Harrison, Environmental Protection Biologist NYS DEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11780 Phone: (516) 751-7900 John Poole, Marine Resources Specialist IV Bureau of Marine Finfish and Crusteaceans NYS DEC - Region 1 Same address and phone as above Pieter Van Volkenburgh, Chief Bureau of Shellfisheries NYS DEC - Region 1 Same address and phone as above NYS DEC - Significant Habitat Unit Wildlife Resources Center Delmar, NY 12054 Phone: (518) 439-7486 Paul Stoutenburg, Martin Garrell, or Jim McMahon Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Phone: (516) 765-1801 1-40 I I I I I I I I I I I I I I I I I I I Chris Smith NYS Sea Grant Extension Service Cornell University Laboratory 37 Sound Ave. Riverhead, NY 11901 Phone: (516) 727-3910 Ralph Condit 46A Pine Tree Road Cutchogue, NY 11935 Phone: (516) 734-5547 1-41 :. f.)\ --1-''" \ ,- '-~\ .~';.'t:::.~ '- L ;~'"' -: ;.'~-- ~ii:~~'f\'::,--\ ~,.,l ~:' -l~~ ~~ '~_:\~f:'ri-~~ .~.. --.~.-.'~' .. =',-:::- ;'J'.~.-' . SOUTHAMPTON -7J;.:r,e"..E. 2430000 t/ I I ,.::j \- .>)..~.." /' I..' .. '. - ,~- " H I~,- -/' .. 0.- - ~- . ,....... -..... -;.. \ -.. I'~~.: .\:'.'~~\ - ". ,~-/ '1' '- J ',;":"0.. --'"I'~.. . ',.,' " , " ... SOUND" '. . 28 - -.....- / ':. fr...'"'" "t) - ~- --:/-~ ~'r() ,,-c:f,~. "- f.". It. ... ~ '--' o ...ro \ \, ' /' . ~BN~I>. ""'.: . Cr j f~''..:~~ ", ~,.~ .l...~ ~\ -:: ./.t :-ye. ." . . '.. ''''':C--. ~~ ." ~...,,;;~i>(,.:-.~ ..::....~.. -._.....-.~~......;.~.: . . ,. 10 15 1/ 21 / / / / / / ./ ./ . --- -- --- --- /' / .; E CON I C ,P f 28 I \ A Y \ \ .. \ \ Quad: Southold. NY Area Name: Corey Creek Habitat Boundary: Page 1 of 1 r ;.. 10 22 . L I T T L E 22 2. 20 B .. 1/ 17 '0 H " 1/ 2> r 57 .. .. s o u T .. .. 21 I 25' ! 2440000 -----;- 1-42 I I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM ------------------------------------------------------------------------------- Name of Area: Cedar Beach Point County (ies) : Suffolk Town(s): Southold 7.5' Quadrangle(s): Southold, New York I I I I I I ------------------------------------------------------------------------------- (IS) Individual Score (R) Replace- ability (IS"R) Final Score ECOSYSTEM RARITY (ER): 9 " 1.2 = 10.8 Relatively small, undeveloped, salt marsh, beach, and spoil deposits on the north fork of Long Island. SPECIES VULNERABILITY (SV): 48.5 " 1.2 = 58.2 I Least tern (E) and osprey (T) nesting. Diamondback terrapin (SC) have been seen, but importance of the area to this species is not adequately documented. Additive division: 36 + 25/2 = 48.5. HUMAN USE (HU): 9 " 1.2 = 10.8 I I I I I This area serves as an important natural area for research and education by Suffolk County Community College's Marine Sciences Technology Program; of regional significance. POPULATION LEVEL (PL): 4 " 1.2 = 4.8 One of the two largest concentrations of nesting least terns on the north fork in 1982 and 1983, of county-level significance. REPLACEABILITY (R): 1.2 I I I Irreplaceable SIGNIFICANCE = [(ERxR) + (SV"R) + (HU"R) + (PL"R)] = 84.6 1-43 I I I I I I I I I I I I I I I I I I I ***SIGNIFlCANT COASTAL FISH AND WILDLIFE HABITAT... PROJECT DESCRIPTION CEDAR BEACH POINT LOCATION AND DESCRIPTION OF HABITAT: Cedar Beach Point is located at the tip of Great Hog Neck, north of Little peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, N.Y.). The fish and wildlife habitat is approximately 85 acres in size, consisting of sparsely vegetated sand beach and dredge spoil deposits, a small protected bay (Cedar Beach Creek), mud flats, and salt marsh. The area is owned by Suffolk County and includes Suffolk County Community College's (SCCC) Southold Marine Science Center. The habitat is generally bordered by low to medium density residential development. FISH AND WILDLIFE VALUES: Cedar Beach Point is a small coastal wetland area, similar in nature to many other points around the peconic Bays shoreline, but important as a habitat for various fish and wildlife species. This area has served for many years as a nesting site for least terns (E). In 1982 and 1983, approximately 80-90 pairs of least terns nested in the area, making this colony one of the largest on the north fork of Long Island, of county-level significance. In recent years, however, human disturbance (pedestrian traffic and recreational vehicle use) of the area has become a serious problem, and only about 10 pairs of least terns nested here in 1984. One pair of piping plovers (T) was also present in 1984, two nests were present in 1985, but the importance of Cedar Beach Point as a nesting area for this species is uncertain. One pair of osprey (T) nested in the area during 1982-1984, using a man-made nesting platform located in the eastern portion of the habitat. The tidal wetlands at Cedar Beach Point serve as feeding areas for the least terns and osprey, as well as for many other wildlife species. Diamondback terrapin (SC) also occur here; more information is needed to determine importance. In addition to its ecological values, Cedar Beach Point is an important area for marine sciences education and research. The Marine Sciences Technology Program of SCCC is based at the Southold Marine Science Center, and the area is heavily used by faculty and students as.a .living laboratory. for education and research. The program is unique on Long Island in offering technical training in marine biology, environmental chemistry, and mariculture. The facilities are also used by scientists from the Marine Sciences Research Center at SUNY-Stony Brook. 1-44 I I I I I I I I I I I I I I I I I I I IMPACT ASSESSMENT: It is essential that any potential impacts on Cedar Beach Point be evaluated with respect to the established science program here, and the need to maintain natural or controlled experimental conditions. Any activity that would substantially degrade the water quality in Cedar Beach Creek would adversely affect the biological productivity of this area. All species of fish and wildlife would be affected by water pollution, such as chemical contamination (including food chain effects), oil spills, excessive turbidity, and waste disposal. It is essential that high water quality be maintained in the area, primarily by controlling discharges of sewage and other pollutants from upland sources. Alteration of tidal patterns at Cedar Beach Point would have major impacts on the fish and wildlife communities present. Elimination of salt marsh and intertidal areas, through excavation or filling, would result in a direct loss of valuable habitat area. Unregulated dredge spoil disposal in this area would be detrimental, but such activities may be designed to maintain or improve the habitat 'for certain species of wildlife. Nesting birds inhabiting the barrier beach at Cedar Beach Point are highly vulnerable to disturbance by humans from mid-April through August. Recreational use (e.g., boat landing, hiking, picnicking) and scientific activities in or near bird nesting areas should be minimized during this period. Fencing and/or annual posting of the area should be provided to help protect the nesting bird species. Construction and maintenance of shoreline structures, such as docks, piers, bulkheads, or revetments, in any part of this area, may have a significant impact on the fish and wildlife resources of Cedar Beach Point. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, wildlife Manager or Louise Harrison, Environmental Protection Biologist NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516)751-7900 John Poole, Marine Resources Specialist IV Bureau of Marine Finfish and Crustaceans NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516)751-7900 1-45 I I I I I I I I I I I I I I I I I I I p1eter VanVo1kenburgh, Chief Bureau of Shellfisheries NYSDEC - Region 1 State University of New York, Building 40 stony Brook, NY 11790 Phone: (516)751-7900 Dr. Charles McCarthy, Jr., Associate Professor Southo1d Marine Science Center Suffolk County community College - Eastern Campus Riverhead, NY 11901 Phone: (516)765-1101 NYSDEC - Significant Habitat Unit Wildlife Resources Center Delmar, NY 12054 Phone: (518)439-7486 Dr. Martin Garrell Southo1d Town Conservation Advisory Council Town Hall, 53095 Main Road P.O. Box 1179 Southo1d, NY 11971 Phone: (516) 765-1801 1-46 . 10 7 . .. 60 .. SHELTER ,. 6'0 Southald Bay n Quad: Southold. NY Are. Name: Cedar Beach Point Habitat Boundary Palle 1 of 1 " ../ ... / I I I I I I \ \ \ " ... " ISLAND .......... ..... .. -- ..... ....... ..... ..... "- , \ \ \ \ Plr.dilt \ Point ' \ \ \ ' \ 6'0\ ! .. .. ,. - III "' III .. .. . . SOU N D~ .. . I . I I ,. " r-47 II " .. It) "" " -2.~'''. ,. .. ~:r.>:(lO .. '" , . . I " I .. ",' I ....../. to\; -" i ~ ",."--- ! " , ./ n ./. / / &!l5:u..:t. . . .. I COASTAL FISH & WILDLIFE HABITAT RATING FORM I I I Name of Area: Jockey Creek Spoil Area County(ies): Suffolk Town(s): Southold 7.5' Quadrangle(s): Southold, New York I I I ECOSYSTEM RARITY (ER): I I I Small dredge spoil island and a aand peninsula in a heavily developed tidal creek mouth; not a rare ecosystem type. SPECIES VULNERABILITY (SV): (IS) Individual Score o 48.5 Small number of least terns (E) and p1p1ng plovers (T) nesting in 1983 and 1984. Seven pair least terns and two pairs of piping plovers nested in 1985. Additive division: 36 + 25/2 = 48.5. I HUMAN USE (HU): I I I I I No significant fish or wildlife related human uses of the area. POPULATION LEVEL (PL): No unusual concentration of any fish or wildlife species occur in the area. REPLACEABILITY (R): o o Habitat easily replaced by well understood means, although few potential replacement sites exist in the vicinity. I (R) Replace- ability " 0.6 " 0.6 " 0.6 " 0.6 0.6 SIGNIFICANCE = [(ERxR) + (SV"R) + (HU"R) + (PL"R)] I I 1-48 (IS"R) Final Score = 0.0 = 29.1 = 0.0 = 0.0 = 29.1 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION JOCKEY CREEK SPOIL AREA LOCATION AND DESCRIPTION OF HABITAT: The Jockey Creek Spoil Area is located at the mouth of Jockey Creek just north of the Great Hog Neck on Shelter Island Sound in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold NY). The fish and wildlife habitat is an approximately 10 acre sand spit and dredge spoil island in the mouth of a tidal creek. There is heavy residential and marina development in the creek and consequent pollution, mostly from runoff. FISH AND WILDLIFE VALUES: The sand spit and dredge spoil island is not a rare ecosystem type but the area has served for the last three years as a nesting site for least terns (E) and piping plover (T). Small numbers of these birds nested here in 1983 and 1984. At least seven pairs of least terns and two pairs of piping plover nested in 1985. There are no significant human use activities associated with the fish and wildlife resources at the Jockey Creek Spoil Area. IMPACT ASSESSMENT: Nesting shorebird species are highly vulnerable to disturbance by humans from mid-April through July. Significant recreational use (e.g. boat landing, hiking, picnicking, four wheel drive vehicle use) in or near bird nesting areas should be minimized during this period. Fencing and/or annual posting of the area should be provided to help protect the nesting bird species. Unregulated dredge spoil disposal in this area would be detrimental, but such activities may be designed to maintain or improve the habitat, by setting back vegetative succession. Introduction or attraction of mamalian predators to the area would also be detrimental to the populations of nesting birds. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 phone: (518) 474-3642 1-49 I I I I I I I I I I I I I I I I I I I Harry Knoch, Wildlife Manager or Louise Harrison, Environmental Protection Biologist NYS DEC - Region 1 state University of New York, Building 40 Stony Brook, NY 11790 Phone: (516) 751-7900 NYS DEC - Significant Habitat Unit Wildlife Resources Center Delmar, NY 12054 Phone: (518) 439-7486 Paul Stoutenburgh Martin Garrell or Jim McMahon Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Phone: (516) 765-1801 I-50 . 10 / / / I I I \ \ \ "- , . 7 3 ,. 20 J SHE L;7 ERos "4 Southold Bay 17 34 SOU. ~ ~ /: 3 4 . '<if '- . ......~<>.~...",:. ,_'-:~ ..i~. - <> .,.\ -'7.., I_ J "~.:,') _..; ::..;'::\ "e. -e ....- / ..,/-;': .. ,1\-<,,, H .~. '~...~ -:,t -" ,,,. " - / \~" : ;_~.: ,-"'0 \.::' 'l.:#/: ,..: 0;;. -.;-:' '. \,~. 1 :~:.\ .\;\ ~ \:, "" r:.. _~~,..JJ C> -_L -. "j ~ .=", .--. ~ '12'.~~<A.-' ~.~~, .:'\~~~-; . ,;.;,.-. _...._ '\ ~"""'f. ",',.:.'" . _.iY:".,:.,-.." .' V,'" , ..... ..5;<':> '~' ""', \' . r 'f..t\~~~~:\ ,,:..:.... ~;.. ..\. ',. .,':: ~ < ..' \~..,,' ~\"\ :,,\ --;.,..- 2 1 ~'; .~>:~.:.;!.f _\ ':~'f. .\.~/ ,'~--J ,~ I 1 II / o 1 "'0 jd\ -_.-~': n: " \.~ -, 3 . Quad: Area ItI 10 15 I-51 .. I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM ------------------------------------------------------------------------------- Name of Area: Hashamomuck Pond County(ies): Suffolk I Town(s): Southold 7.5' Quadrangle(s): Southold, New York I I ------------------------------------------------------------------------------- (IS) Individual Score (R) Replace- ability (ISxR) Final Score --------------------------------------- I I ECOSYSTEM RARITY (ER): o x 1.2 = 0.0 I I Relatively large brackish pond, with some undeveloped shoreline and marsh: rare on the north fork, but rarity diminished by human disturbance. Geometric mean: ;/9iO'= O. SPECIES VULNERABILITY (SV): 33 x 1.2 = 39.6 I I I I I I Osprey (T) nesting in 1983 and 1984. Importance of the pond as a feeding area is not well documented. Diamondback terrapin (Se) nesting. Additive division: 25 + 16/2 = 33. HUMAN USE (HU) : 6 x 1.2 = 7.2 --------- --------- ---- Commercial and recreational shel1fishing of county-level significance. Additive division: 4 + 4/2 = 6. POPULATION LEVEL (PL) : 4 x 1.2 = 4.8 --------- --------- ---- No unusual concentrations of any fish or wildlife species in the area. Concentrations of shellfish, especially hard clams, significant in the county. ------------------------------------------------------------------------------- REPLACEABILITY (R): 1.2 I Irreplaceable ------------------------------------------------------------------------------- I I SIGNIFICANCE = [(ERxR) + (SVxR) + (HUxR) + (PLxR)] = 51.6 I-52 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION HASHOMOMUCK POND LOCATION AND DESCRIPTION OF HABITAT: Hashomomuck Pond is located west of Conkling Point emptying through Mill Creek into Shelter Island Sound in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat consists of an approximately 220 acre area consisting of a large, shallow brackish pond with a hard bottom, marsh and inlet creek (Mill Creek). There is moderate to high density residential development on the north and northwest sides of the pond and marina development at the mouth of Mill Creek. FISH AND WILDLIFE VALUES: Hashomomuck Pond is a valuable pond/wetland on the north fork of Long Island but its value is reduced by human disturbance and water pollution. The pond still provides a valuable habitat for a variety of fish and wildlife. Osprey (T) nest on platforms at two locations in the pond and utilize the pond and marshes for feeding areas. A variety of duck species also utilize this area for feeding. Diamondback terrapin (SC) nest at the head of Mill Creek. The pond also serves as a habitat for finfish and shellfish including bay scallops and hard clams. The pond is one of the top five areas for the harvesting of clams in Southold and are of the top six areas for scallops, of significance in Suffolk County. Hashomomuck Pond was closed seasonally to shellfishing in the fall of 1984 but was opened again in the winter. It remains the most important clamming site in the Town during the winter. IMPACT ASSESSMENT: Any activity that would further degrade the water quality in Hashomomuck Pond would adversely affect the biological productivity of this area. All species of fish and wildlife are affected by water pollution such as chemical contamination (including food chain effects), oil spills, excessive turbidity, and waste disposal. Hashomomuck Pond is presently polluted from several point and non-pGint sources of sewage and nutrient laden runoff. Both the point and non-point sources of pollution should be reduced or eliminated to enhance this habitat for shellfish and other fish and wildlife species. Alteration of tidal patterns in Hashomomuck Pond (e.g. by modifying the Mill creek inlet) could have major impacts in the fish and wildlife species present. Barriers to fish migration whether physical or chemical would have major impacts on the fisheries resources in Hashomomuck Pond. Elimination of salt marsh and intertidal areas, through dredging, I-53 I I I I I I I I I I I I I I I I I I I excavation, or filling, would result in a direct loss of valuable habitat area. Nesting osprey and terrapin inhabiting the area may be vulnerable to disturbance by humans from April through mid-August. Recreational activities near the nesting sites should be minimized during this period. Construction of shoreline structures, such as docks, piers, bulkheads, or revetments, in areas not previously disturbed by development, may result in the loss of productive areas which support the fish and wildlife resources of the Hashomomuck Pond area. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, Wildlife Manager or Louise Harrison, Environmental Protection Biologist NYS DEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11780 Phone: (516) 751-7900 John Poole, Marine Resources Specialist IV Bureau of Marine Finfish and Crusteaceans NYS DEC - Region 1 Same address and phone as above Pieter Van Volkenburgh, Chief Bureau of Shellfisheries NYS DEC - Region 1 Same address and phone as above NYS DEC - Significant Habitat Unit wildlife Resources Center Delmar, NY 12054 Phone: (518) 439-7486 Paul Stoutenburg, Martin Garrell, or Jim McMahon Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Phone: (516) 765-1801 Chris Smith NYS Sea Grant Extension Service Cornell University Laboratory 37 Sound Ave. Riverhead, NY 11901 Phone: (516) 727-3910 I-54 I I I I I I I I I I I I I I I I I I I Ralph Condit 46A pine Tree Road Cutchogue, NY 19935 Phone: (516) 734-5547 I-55 I .0 63 I .. I I Z4 I Z1 . " . . zz ZB Z4 IZ 6 Cove " '0 /--- /' 77 /' / / 5'/ 1lO I / / / / I I \ \ \ .'- '- '- '- ....... 28 .................... ....... "- '- " Jennings p~ .. 10 ---_4.5... < 51 :it,;~i:.;.~r,: "~~ :,$ h e-r:e)';..-.: . .~ ~Y't$~and_'. ,o.t - ~ :.. ~ ,E t,or.)~,R.l . '~,.- ~;:-,'-~-~ ..............;~::-~"'~. ~~; S1 I S L _~,D-S:- \.0' ,-. 0,', " S 7 61 . 3 14 Z< ZO 'z <. SHELTER Z3 3' ISLAND Z4 n I" Southold Bay Z' 3 Quad: Southold, NY Area Name: Hashomomuck Habitat Boundary: Page 1 of 1 17 ~F < . 1::'. ,~ . .-' '.-:\ - ,t . , -,. P~ril:: ::.~ PC.lr:~ \ . \ \ \ \ - \ . '. .- r.< !;> .. '7 .r. oJ: 00:. . 0 ~~', -, .~ v. ,..... .'. :",' :'1. ~d-O'hl. :::"tfJ ~,,- ... - '_~ . . . . _ ~. ;:Jl. _..' '0" . -' . ;r. 0 .' . ,;:~ 0' -, .4"."" SHot 1, I; '~.: 't '" -....-- ,-" I :---:? . -,-.0 cl;,'f> _'~.~:~' ,=-';;./l ; Z: . l~o1 _ :,-- I~ I. . '. 'j~ J Reoser.voir - -,..,~ : -~~ _'0" __~. ,~..~.. v , 'l:i. I I I _/ \ :. . "\';".(01 -_ ~ ' . . _'-::-:~L)c, ,:(;~i1, ;, .-=~: I:(!\ ,~,- ,~~.tL.s,}Y'l: ,~_ I-56 e, I I I I I I I ' I I I I I I I I I I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM Name of Area: Conkling Point County(ies): Suffolk Town(s): Southold 7.5' Quadrangle(s): Greenport, NY; Southold, NY (IS) Individual Score ECOSYSTEM RARITY (ER): 9 Relatively small, undeveloped, sand spit and marsh, rare on north fork of Long Island. SPECIES VULNERABILITY (SV): 48.5 Least tern (E) and piping plover (T) nesting. additive division: 36 + 25/2 = 48.5. HUMAN USE (HU): o No significant fish or wildlife related human uses of the area. POPULATION LEVEL (PL): 4.0 One of the two largest concentrations of nesting least terns on the north fork in 1983 and 1984, of county-level significance. REPLACEABILITY (R): Uncertain of ability to replace. (R) Replace- ability " 1.0 " 1.0 " 1.0 " 1.0 1.0 SIGNIFICANCE = [(ERzR) + (SV"R) + (HU"R) + (PL"R)) I-57 (ISxR) Final Score = 9.0 = 48.5 = 0.0 = 4.0 = 61.5 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION CONKLING POINT LOCATION AND DESCRIPTION OF HABITAT: Conkling Point is located approximately two miles southwest of the Village of Greenport, on Shelter Island Sound, in the Town of Southold, Suffolk County (7.5' Quadrangles: Greenport, N.Y., and Southold, N.Y.). The fish and wildlife habitat is approximately 25 acres in size, consisting of a narrow, sparsely vegetated, sand peninsula, a small protected bay, salt marsh, and tidal flats. Conkling Point is generally undeveloped and privately owned. However, the area is bordered by high density residential development to the north, resulting in some recreational disturbance of the habitat. FISH AND WILDLIFE VALUES: Conkling Point is a relatively small coastal wetland area, similar in nature to many other points around the peconic Bays shoreline, but important as a habitat for wildlife. This area has served for many years as a nesting site for least terns (E) and piping plovers (T), with both species present in 1983 and 1984. In 1984, approximately 100 pairs of least terns and 5 pairs of piping plovers nested in the area. Approximately 45 pairs of least terns and 6 pairs of piping plovers were present in 1983. The concentrations of terns nesting at Conkling Point were the second largest and largest on the north fork of Long Island in 1983 and 1984, respectively. OVerall, the population levels of least terns and piping plovers were unusual in Suffolk County. The tidal wetlands at Conkling Point serve as feeding areas for the least terns and many other wildlife species. There are no significant human use activities associated with the wildlife resources of this area. IMPACT ASSESSMENT: Nesting shorebird species inhabiting undeveloped sand beaches of Long Island are highly vulnerable to disturbance by humans from mid-April through July. Significant pedestrian traffic or recreational vehicle use of the Conkling Point peninsula could easily eliminate the tern and plover populations, and should be minimized. Fencing and/or annual posting of the area should be provided to help protect the nesting bird species. Unregulated dredge spoil disposal in this area would be detrimental, but such activities may be designed to maintain or improve the habitat, by setting back vegetative succession. Loss of the salt marsh habitat, through excavation or filling, would reduce its value as a food producing area for many wildlife species. Introduction or 1-58 I I I I I I I I I I I I I I I I I I I attraction of mammalian predators to the area would also be detrimental to the populations of nesting birds. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, Wildlife Manager or Louise Harrison, Environmental Protection Biologist NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516)751-7900 NYSDEC - Significant Habitat Unit Wildlife Resources Center Delmar, NY 12054 Phone: (518) 439-7486 I-59 I I I I I I I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM ------------------------------------------------------------------------------- Name of Area: Port of Egypt Island County(ies): Suffolk Town(s): Southold 7.5' Quadrangle(s): Southold. New York ------------------------------------------------------------------------------- (IS) Individual Score (R) Replace- ability (ISxR) Final Score --------------------------------------- ECOSYSTEM RARITY (ER): o x 1.0 = 0.0 Small. sparsely vegetated sand island; not a rare ecosystem type. SPECIES VULNERABILITY (SV): 25 x 1.0 = 25.0 I I Common tern (T) nesting; roseate terns (E) and piping plover (T) have nested here. but not adequately documented. HUMAN USE (HU): o x 1.0 = 0.0 I I I I I No significant fish or wildlife related human uses of the area. POPULATION LEVEL (PL): 16 x 1.0 = 16.0 One of the largest common tern concentrations in New York State. ------------------------------------------------------------------------------- REPLACEABILITY (R): 1.0 Techniques for habitat replacement allow reasonable likelihood for success. but uncertain of ability to replace the population level. ------------------------------------------------------------------------------- I SIGNIFICANCE = [(ERxR) + (SVxR) + (HCxR) + (PLxR)] = 41.0 I I 1-60 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION PORT OF EGYPT ISLAND LOCATION AND DESCRIPTION OF HABITAT: Port of Egypt Island is located approximately two miles east of the hamlet of Southold, on Shelter Island Sound, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, N.Y.). The fish and wildlife habitat is a narrow, sparsely vegetated, sand island, approximately 4 acres in size. This island is located at the mouth of Mill Creek, just offshore from an area that is heavily developed with marina and port facilities. FISH AND WILDLIFE VALUES: Port of Egypt Island is a very small sand island, similar in nature to many other areas around the peconic Bays shoreline, but very important as a habitat for wildlife. The island has served for many years as a major nesting site for common terns (T) and black skimmers, and occasionally for roseate terns (E) and piping plovers (T). In 1984, approximately 500 pairs of common terns and 20 pairs of black skimmers nested in the area. Similar numbers of these species were reported nesting here in 1977, along with 2 pairs of roseate terns. There were two piping plover nests in 1985. Although population estimates are not available for the intervening years, Port of Egypt Island was active as a nesting area throughout the period. The concentration of common terns at this site was among the 6 largest on Long Island in 1984, of statewide significance. There are no significant human use activities associated with the wildlife resources at Port of Egypt Island. IMPACT ASSESSMENT: Nesting shorebird species inhabiting undeveloped sand beaches of Long Island are highly vulnerable to disturbance by humans from mid-April through July. Significant recreational activity (e.g., boat landing) on the Port of Egypt Island could easily eliminate the tern and skimmer populations. Fencing and/or annual posting of the area should be provided to protect the nesting bird species. Unregulated dredging and dredge spoil disposal in this area would be detrimental, but such activities may be designed to maintain or improve the habitat. Introduction or attraction of mammalian predators to the area would also be highly detrimental to the populations of nesting birds. 1-61 I I I I I I I I I I I I I I I I I I I KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, Wildlife Manager or Louise Harrison, Environmental Protection Biologist NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516)751-7900 NYSDEC - Significant Habitat Unit Wildlife Resources Center Delmar, NY 12054 Phone: (518) 439-7486 1-62 J 00 " 2tJ I H I .. 12 I ,. I 27 IS I . . ~;a~_ -.1 ~" -. ; I ---!5' , . -.... .._,~. ;;:-}-71 ~Jr' d2~ u 10 $1 10 , ., IU .. .. . N zo .. SHELTER 23 -'. ISLAND H Southold Bay '" ,/ " -' Quadl Sovthold. NY Ar.. Namel Port ~f ESypt Habitat Boundary Pa.. 1 of 1 . . " - ." - .." 1:5-- ',,' :..,- . "::. t. ~'.' .. 0" 5.~ c,a =-:::-~.~~n_____ . 1-63 \ i , -JI _~.l"":"- I I I I I I I I I I I I I I I I I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM ------------------------------------------------------------------------------- Name of Area: Long Beach Bay County (ies) : Suffolk Town(s): Southold 7.5' Quadrangle(s): Orient, NY-CT ------------------------------------------------------------------------------- (IS) Individual Score (R) Replace- ability (IS:ltR) Final Score --------------------------------------- ECOSYSTEM RARITY (ER): 64 :It 1.2 = 76.8 Large undisturbed coastal wetland and beach ecosystem, rare in New York State. SPECIES VULNERABILITY (SV): 33 :It 1.2 = 39.6 Osprey (T) and diamondback terrapin (SC): additive division: 25 + 16/2 = 33. HUMAN USE (HU): 27 :It 1.2 = 32.4 Commercial shellfishing area of significance in the northeast region of the United States. Various fish and wildlife recreational activities including clamming are important to Suffolk County residents: additive division: 25 + 4/2 = 27. POPULATION LEVEL (PL): 25 :It 1.2 = 30.0 Number of nesting osprey is unusual in the State. Concentrations of scallops unusual in northeastern United States. ------------------------------------------------------------------------------- REPLACEABILITY (R): 1.2 I rreplace able ------------------------------------------------------------------------------- SI GNIFl CANCE = [(ERxR) + (SVxR) + (HUxR) + (PLxR)] = 178.8 1-64 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION LONG BEACH BAY LOCATION AND DESCRIPTION OF HABITAT: Long Beach Bay is located on the northeastern fork of Long Island, one mile east of the hamlet of Orient, in the Town of Southold, Suffolk County (7.5' Quadrangle: Orient, N.Y.-Conn.). This approximately 1,300 acre habitat includes Long Beach Bay the adjacent tidal salt marsh areas, and Orient Beach State Park, which is comprised of a long, narrow, sand peninsula protecting the bay area. Most. of the open water area of Long Beach Bay is less than 6 feet deep at mean low water. FISH AND WILDLIFE VALUES: Long Beach Bay and Orient Point Marshes comprise a large and relatively undisturbed coastal estuarine ecosystem. Areas such as this are rare in New York State, and provide habitat for a diversity of fish and wildlife species. In 1984, approximately 15 pair of osprey (T) were reported nesting in the Long Beach Bay area. This is one of the largest nesting concentrations of osprey in New York, and the potential exists for additional nesting pairs at this site. Almost all of the nests are located on man-made platforms placed around the perimeter of the bay. A variety of seabirds, shorebirds, and wading birds use this area for feeding or for stopovers during migration. This area is especially significant as a feeding area for herons, egrets, and ibis which nest on Plum Island. Long Beach Bay is also an important waterfowl wintering area in Suffolk County. Aerial surveys of waterfowl abundance in January for the ten year period 1975-1984 indicate average concentrations of over 300 birds in the bay each year, including approximately 240 scaup (900 in peak year), and 70 black ducks (300 in peak year), along with lesser numbers of mergansers, bufflehead, goldeneye, and mallard. Diamondback terrapin (SC) are frequently observed in the marsh. Fish and wildlife recreational activities in the area important to the residents of Suffolk County include waterfowl hunting, fishing, and birdwatching. Bay scallops are abundant in Long Beach Bay, contributing to a commercial Shellfishery of significance in the northeastern United States. Also, the bay is one of the top three areas for clams in the Town of Southold, of significance in Suffolk County. 1-65 I I I I I I I I I I I I I I I I I I I IMPACT ASSESSMENT: Any activity that would degrade water quality, disrupt tidal patterns, increase sedimentation, or eliminate wetlands would adversely affect the birds and shellfish found in this area. It is essential that high water quality be maintained in the bay to protect the bay scallop and hard clam fishery. Development of harbor facilities and construction of breakwalls or bulkheads would result in the loss of productive areas which support the fish and wildlife resources of Long Beach Bay. Ospreys nesting in the area may be affected by human disturbances, especially during the nesting and fledging period from March through mid-August. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, Wildlife Manager or Michael Scheibel, Fish and Wildlife Technician NYSDEC - Region 1 Building 40, SUNY Stony Brook, NY 11790 Phone: (516) 751-7900 Pieter VanVolkenburgh, Chief Bureau of Shellfisheries NYSDEC - Region 1 Building 40, SUNY Stony Brook, NY 11790 Phone: (516) 751-7900 NYS DEC - Significant Habitat unit Wildlife Resources Center Delmar, NY 12054 Phone: {5l8) 439-7486 Paul Stoutenburg, Martin Garrell, or Jim McMahon Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Phone: (516) 765-1801 1-66 I I I I I I I I I I I I I I I I I I I Chris Smith NYS Sea Grant Extension Service Cornell University Laboratory 37 Sound Ave. Riverhead, NY 11901 Phone: (516) 727-3910 1-67 I I I I I 10 I I ~ .. l I I' , I . I I - Qll~~: C':~:;.:~::::.. l"..rer.. l:~..:e: LC ..J..,c -;'"-C li~~it.::lt ~oun~:--.ry i)~~e 1 0::: ~ lO .. + .. .. .. .. L D .. - .. - ~ If ~ III .. r .,~ II III 10' .. 10' .. ~ - III .. .. .. .. .. .. .. .. .. .. SA ~ U60 ", .. . R . .. . " .. <<I i'00< , . ~ "t' ~ ~ . I I . 1:(;'" II ~4J " '" ~~ U,. , , , BAY 2<<70000 17'30" 41'07 72'15' 73()l1OOM.E. H80000 c" 10lU BOUNDARIES: St.te............................................................. _ __ ___ Counly........................................................... _ _ _ __ 'CllO REI' !lOllO (0.- fCOO 1-68 l~ ... Plum Gut ,.- Middle n HIlrl>or/ Ground,g , ~./ ,I ,to l,' + ~". ~,' U At/g,: ~l~ ~"j // 17 ~ i ..- S4~" '.. -., .' ;,' l...' ./ ............ f~!'!!:!.....--. ....~. ---'" ~__..... II . ....~.--..I~...~ \ '~t? .~ I/O ',c. ..0 ' '\.. ." < '.~ o ~ + \\ o oM> " .. I o ~1De '75 13. III 'H N 100 71 00 5. 100 I 10' :.... I .~ - 6' 14 ~ . .Orient" lPLilhthOYM - 14. .' .. ! 17 o<>\~ 7. . Ie . III '" ,. >> + ., I I I .1 FEET I I I -- I I I I ", I I I 1 I . .. I 10 I I I I I I ! .1.30" I>> I 72.15' . '. .. - .. I. 15 ., G 4 e LJ 10 .. I .tV I~ .. J. .. II .7 - .. I~ ~ ., Qucd: PLUl.; ISLUl:>. I;Y Are:;. I1aoe: LOIlG IlEACH L:.Y Habitat Boundary Page 2 of 3 I ....p.rod .nd publilhod in 1981 by lho N." York 51.1. Deparlmenl of Transport.tion. in cooperation with the U.S. Department of Tllft.port.tion: F,der." Hi.hwIY Adminiltr.lion. M.p baR "Om 19S4 U.S. GOOlD,...., SulYlY 7.5-minul. Quadran I - t 1000 0 ~-- ~f(' I - TV'_ Man .."visions mlde ~slnl' 1980 leri., photo.raptly. construe' 1-69 /ffi Polycc' -,;>-a:.. . ,. , ~-... ~'.. .. II I H ARB O",R I . I I " ~" , I '-'....... " , ,. -- -z3_ I ----~-------~ 10 I I I .1' n I " I I J .. ('> I'~ . ~.s' TATE . ,1!frrl.'''''''' II r 10 . 10 " It) . ,. " G A .. II 1'1 . ,. . .. .. . " .. Q II II " II . . + . ..c" . . r . Sh.'r Bor H A d .. ,. II B A Y .. II II " .. NEW 'rUI(K- ~UFFOL~ \.. 7.5 MINUTE SERIES 13()O11O..[. .2480000 Fn .. Ie " " n II 10 IS " Quad: GP.EEllPOP.T. IlY Area llane: LOIlG !lEACH BAY Habitat Boundary: Page 3 of 3 JI;!?" . 1 .... ) Ii 1-70 . r I I -tJ I I COASTAL FISH & WILDLIFE HABITAT RATING FORM I I Name of Area: Orient Harbor County(ies): Suffolk Town(s): Southold I I 7.5' Quadrangle(s): Orient. NY-Conn.: Greenport. NY (IS) Individual Score I ECOSYSTEM RARITY (ER): 20 I I I Moderately shallow open wster bay area; common in Peconic Bays area. but rare on Long Islsnd. Geometric mean: ~16x25 = 20. SPECIES WLNERABILITY (SV): 25 Osprey (T) nesting. Diamondback terrapin (SC) may nest in the area. but the importance of the area to the species not documented. I I HUMAN USE (HU): 25 Commercial bsy scallop shellfishery is significant in the northesst region of the United States. I I I I POPULATION LEVEL (PL): 25 Concentrations of bay scallops significant in the northesst region of the United States; "''''aterfo~~l COflcentrat ions sigr:ifiC'snt between county and regional level. especially for scoters. REPLACEABILITY (R): I Irreplaceable I = [(ERxR) + (SVxR) + (HUxR) + (PLxR)] SIGNIFICANCE I 1-71 (R) Replace- ability x 1.2 x 1.2 x 1.2 x 1.2 1.2 (ISxR) Final Score = 24.0 = 30.0 = 30.0 = 30.0 = 114.0 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION ORIENT HARBOR LOCATION AND DESCRIPTION OF HABITAT: Orient Harbor is located near the eastern end of the north fork of Long Island, in the Town of Southold, Suffolk County (7.5' Quadrangles: Orient, N.Y. - Conn.; and Greenport, N.Y.). This area is approximately 1800 acres in size, consisting primarily of open water area in the harbor, along with an undeveloped tidal wetland area on its north shore. Water depths in most of the harbor are generally less than 20 feet below mean low water. The harbor is bordered by much undeveloped land, including Orient Beach State Park to the east and south, and low density residential development on the west. FISH AND WILDLIFE VALUES: Orient Harbor is generally representative of the peconic Bays ecosystem, in being a broad expanse of moderately shallow water. This habitat type is unlike the very shallow bays on the south shore of Long Island or the relatively narrow bays on the north shore. The tidal wetlands area adjoining Orient Harbor are an important component of this ecosystem, contributing to the biological productivity of the area. Orient Harbor is an important habitat for a variety of fish and wildlife species. From November through March, Orient Harbor supports wintering waterfowl concentrations of regional significance. Mid-winter aerial surveys of waterfowl abundance for the ten year period 1975-1984 indicate average concentrations of over 500 birds in the area each year (1,825 in peak year), including approximately 360 scoters (1,695 in peak year), along with lesser numbers of scaup, black duck, common goldeneye, bufflehead, red-breasted merganser, oldsquaw, canvasback, mallard, and Canada goose. In 1983 and 1984, Orient Harbor was also inhabited by at least one nesting pair of osprey (T), which utilized man-made nesting platforms located in the salt marsh north of the harbor. The potential exists for additional nesting pairs at this site. Diamondback terrapin (SC) have been seen here but the location of their nesting sites and the importance of thiF area to the species is not well documented. Orient Harbor is a productive habitat for marine finfish and shellfish. This area is one of the top scallop producing areas on Long Island, supporting a commercial shellfishery significant in the northeast region of the United States. The harbor also serves as a nursery and feeding area (from April-November, generally) for many estuarine fish species, and is an important spawning area for weakfish, winter flounder, and scup. 1-72 I I I I I I I I I I I I I I I I I I I IMPACT ASSESSMENT: Any activity that would substantially degrade water quality in Orient Harbor would affect the biological productivity of this area. All species of fish and wildlife would be adversely affected by water pollution, such as chemical contamination (including food chain effects), oil spills, excessive turbidity or sedimentation, and waste disposal. It is essential that high water quality be maintained in the area to protect the bay scallop fishery. Thermal discharges, depending on time of year, may have variable effects on use of the area by marine species and wintering waterfowl. Installation and operation of water intakes could have a significant impact on juvenile (and adult, in some cases) fish concentrations, through impingement or entrainment. Construction of shoreline structures, such as docks, piers, bulkheads, or revetments, in areas not previously disturbed by development (e.g., natural beach or salt marsh), may result in the loss of productive areas which support the fish and wildlife resources of Orient Harbor. Ospreys in the area may be adversely affected by human disturbances (e.g., boat-landings or pedestrian traffic close to the nest site), especially during the nesting and fledging period (March - mid-August). KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, Wildlife Manager or Louise Harrison, Environmental Protection BiOlogist NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516)751-7900 John Poole, Marine Resources Specialist IV Bureau of Marine Finfish and Crustaceans NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516) 751-7900 Pieter VanVolkenburgh, Chief Bureau of Shellfisheries NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516) 751-7900 1-73 I I I I I I I I I I I I I I I I I I I NYSDEC - Significant Habitat Unit Wildlife Resources Center Delmar, NY 12054 Phone: (518) 439-7486 Paul Stoutenburg, Martin Garrell, or Jim McMahon Town of Southo1d Town Hall, 53095 Main Road P.O. Box 1179 Southo1d, NY 11971 Phone: (516) 765-1801 Chris Smith NYS Sea Grant Extension Service Cornell University Laboratory 37 Sound Ave. Riverhead, NY 11901 Phone: (516) 727-3910 1-74 I .,."" I I" I '" I I" I I ~ .. t I ,. . '" 7 I Z' a I . I . I I -,- " #00 Quad: Or-' Ar-ea N l~rlt, NY H a"'~: Or' abitat B 'ler,t P.II~ 1 our,d.r-v of 2 Har'bc,r' .. s '14 i - I I .. .. U T .. .. 11 H .. 0 .. .. 'J L .. D .. .. .. IJ J' ... 41 " ... .. .. 41 ,. J_ . " ," .. JI ~ "\ " ... ... , iN ... I. t , N ,. JI ,. . "i? .;.. o .. 50 .. n .., >7 ,. ... J. n ,. n " " , . IS 17 ,. ORiENT IS ,. HARBOR II " ,. . ,. ,. ... ...., f' ,. - . ,. . LO. " . . IS I . . , . . , 115 BAY " .. :.u:~ [:.::1 '. GARDINERS 725000m.[. - .' II , .'10 . . . GRCE.NPORT SCALE 1 :24 000 _ _ _~ 100> --- 0 I -- ~-.;;:-~ ~!l __....ClCX) o sooo -- -- i I M:U EO, ~ ( I=":' 6000 _ 7c:o:::l f[ _ _~ 'l.llOM~Ut 1-75 I, ""IO~~~ ..' ; L-,r.:::: . .' .' I".\-L.-.:': . .:.,,:.:;~~,)?" ...... ...... ~'-, '. .:;: ~":..~lll .....\~i1. ~.i~'0;y{ .;-: Sp,""-. '<mil ',,{~7 'T I "::'/ " I .', /- ... .~', I".. Pt , ,. ,. 10 0 " J E N T " " 10 10 . -n- " 0 L .. I H A I. R B O,oR , -------j--- " " 17 IS ---- ....... ....... ....... ........ ....... , , " ~ " " " " " " " , '.......--- --- -z.3 -- '" . 35 00 " 3< 13 . i'.... 10 r," .~: 3. n l:" . ..::~ I 13 G I ,. I w I> n . .. . . I --__....k'_______ . 10 . . . 15 . . ~ , 3 11 .. . , 10 '" - ,. 13 II . 10 /I ".",.',.-." II I . . I ~ \ ~ + \ I (. ."- 'r" o. . '" . .. . . I 7 , , 7 3 - eact'l 3 . ~~ 0, o 7 ~ 3 ~,~i~,: cl.~n'd, -r "_ "., '~, I , .- I:. . f~ '.~. \ 7 \~" . ~.: .'f~ ~ ~. ------ , "- ~ -- I ~ :8 '..~ ~. . . . i - ....i- ~_t I I- .--... - . ~ I .... . . \ :=~. I .--;.:: --.." , ,..... :: ....\anding !,'Strip . :/ '. ., " " '. '. Quad: Greenport. NY Area Name: Or'ier,t Har'bor. Habitat Boundar~ Pa.. 2 of 2 1-76 '. 'ft' . C.d., . 11J81'"\d 7 '0 ~ .-; ;.: 8M '8 ~ . ~. I I I I I I I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM ------------------------------------------------------------------------------- Name of Area: Plum Gut County(ies): Suffolk Town(s): Southold 7.5' Quadrangle(s): Plum Island, NY; See also NOAA National Ocean Survey Chart 112354 ------------------------------------------------------------------------------- (IS) Individual Score (R) Replace- ability (ISxR) Final Score ECOSYSTEM RARITY (ER): 64 x 1.2 = 76.8 A primary area of tidal exchange between Long Island Sound and Gardiners Bay; contains a deepwater channel with very turbulent currents passing through it. Rare in New York State. I SPECIES VULNERABILITY (SV): o x 1.2 = 0.0 I I I I I I No endangered, threatened. or special concern species reside in the area. HUMAN USE (HU): 29.5 x 1.2 = 35.4 This area supports one of the most valuable sportfisheries in the northeastern U.S., and is a regionally significant area for commercial fishing for finfish and lobster. Additive division: 25 + 9/2 = 29.5. POPULATION LEVEL (PL): 16 x 1.2 = 19.2 Concentrations of finfish foraging in and migrating through the area are unusual in New York State. REPLACEABILITY (R): 1.2 I Irreplaceable ------------------------------------------------------------------------------- I I SIGNIFICANCE = [(ERxR) + (SVxR) + (HUxR) + (PLxR)] = 131.4 1-77 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION PLUM GUT LOCATION AND DESCRIPTION OF HABITAT: Plum Gut is an area of open water located between Orient Point and Plum Island, in the Town of Southold, Suffolk County (7.5' Quadrangle: Plum Island, N.Y.). The fish and wildlife habitat is a deep channel (over 60 feet in depth), approximately one-half mile across, and bordered by steep underwater slopes rising up to the relatively shallow Midway Shoal (less than 20 feet deep). This approximate 500 acre area is the primary opening in the underwater ridge separating Long Island Sound and Gardiners Bay, and is an area of very turbulent tidal exchange. Plum Gut is on the ferry boat route from Orient Point to Plum Island and New London, Connecticut. FISH AND WILDLIFE VALUES: Plum Gut represents a very unusual physical environment in New York State. The deep, turbulent, waters and shoals combine to produce a productive and diverse habitat for marine fishes. Significant concentrations of many species forage in this area, including striped bass, bluefish, tautog, summer flounder, and scup. Plum Gut is one of two major migration corridors for striped bass, which move into Long Island Sound in spring en route to their breeding grounds, and return to southern overwintering areas during fall. Plum Gut is also thought to be the major corridor for Atlantic Salmon returning to the Connecticut (CT.) and Pawtucket (R.I.) Rivers in the early spring. As a result of the abundant fisheries resources in the area, Plum Gut is one of the most popular areas in the northeastern United States for recreational fishing, with heavy fishing pressure occurring throughout spring, summer, and fall. Much of this pressure is brought in by charter boats from Greenport and Montauk Harbor. In addition to sportfishing, the commercial trap net fishery and lobster fishery in Plum Gut are of regional significance. IMPACT ASSESSMENT: The fisheries resources of Plum Gut would be most affected by any activities that would substantially alter water currents in the area. Also, installation and operation of water intakes would have a significant impact on juvenile (and adult, in some cases) fish concentrations, through impingement or entrainment. The significant human use which this area supports is dependent upon maintaining or enhancing opportunities for compatible recreational 1-78 I I I I I I I I I I I I I I I I I I I and commercial fishing, within the productivity limits of the fisheries resources. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 John Poole, Marine Resources Specialist IV Bureau of Marine Finfish and Crustaceans and Gordon Colvin Division or Marine Resources NYSDEC - Region 1 State University of New York, Building 40 stony Brook, NY 11790 Phone: (516) 751-7900 NYS DEC - Significant Habitat Unit wildlife Resources Center Delmar, NY 12054 Phone: (518) 439-7486 Christopher percy The Sounds Conservancy, Inc. Marine Sciences Institute - UCONN Groton, CT 06340 Phone: (203) 445-1868 1-79 I: I ... I 1'0 ,.. 1- tY.J "!. I r- ,., i;C 1- 1-- .. .... ! ;7 P!.8 175 .. '0 .. '9~ 1'07 ,.. " m ~:, In ., I 37 . 00 13 .., .. ,~ .. ,~ " 125 " ,~ ,~ 'P ~ '", " 80 - Middle n Gfound'9 ,.. '" eel .II fiQfoO .. . .OPi ""loo Oo('>,e' . I I~'...~-;..,.\, ~~:~.... '~\..J If''T"~'''.;. ... \,.\0". /) I ~:;~;f ..1-",.. J"~ .,:'. ..t--"..~ e? ~"'~'-'L' Ii .' . Crr'.\;~ _ ~-;;-' , ....lt~...=-'" . ..' l~t.:;3;.1f .~-- r\.... ot ,#~#""'n~" ~ - .i .. ~.-- . _ ~..-; .....I II' II........ . ,_. \ '''~ \ ' " ...... 6':-,-i.. ~\. . ',.". \ '", r .rlna '.- .... ... "'\ / fJ] ~'. ,'. '$ -. ~-JJ I i.f-i/lf m ~ /iAft i~~~H 1'-/ 10 I I. p:Fl~/ rJ./ .... 15 .. - ..- 100 IPI hC..J,e ., o , , :' ~:+ t<<) t;~' t ',80 ~f z;, , (;!,l ,.. At,o-~ ... 0 :'.; , ,.. I ;,,,' '7 i ./' o .- ,/ .,/ .. .J so G 4. Point M' '" JI .. J' .. ./( .., .D l' N e .. y .7 1-80 Quad: Plum Island. NY A~ea Name: Plum Gut Habitat Boundary PUle 1 of 1 I I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM ------------------------------------------------------------------------------- Name of Area: The Race County(ies): Suffolk Town(s): Southold I I I I 7.5' Quadrangle(s): N/A; See NOAA National Ocean Survey Chart 113205 ------------------------------------------------------------------------------- (IS) Individual Score (R) Replace- ability (ISxR) Final Score --------------------------------------- ECOSYSTEM RARITY (ER): 64 x 1.2 = 76.8 I I I A priaary area of tidal exchange between Long Island Sound and Block Island Sound; contains a deepwater channel with very turbulent currents passing through it. Rare in New York State. SPBCIES VULNERABILITY (SV): o x 1.2 = 0.0 No endangered, threatened, or special concern species reside in the area. HUMAN USE (HU): 40.5 x 1.2 = 48.6 I I I I I This area is nationally renowned for its sport fishery and is a commercial lobster fishery of regional significance. Additive division: 36 + 9/2 = 40.5. POPULATION LEVEL (PL): 16 x 1.2 = 19.2 Concentrations of finfish foraging in and migrating through the area are unusual in New York State. ------------------------------------------------------------------------------- REPLACEABILITY (R): 1.2 Irreplaceable I ------------------------------------------------------------------------------- I SIGNIFICANCE = [(ERxR) + (SVxR) + (HUxR) + (PLxR)] = 144.6 I 1-81 I I I I I I I I I I I I I I I I I I I ***SIGNIFlCANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION THE RACE LOCATION AND DESCRIPTION OF HABITAT: The Race is an area of open water located between Race Point, at the western end of Fishers Island, and Valiant Rock, located approximately one and one-half miles southwest of Fishers Island, in the Town of Southold, Suffolk County (NOAA Nautical Chart No. 13205). The fish and wildlife habitat is a very deep channel (over 150 feet in depth), approximately one mile wide, and bordered by steep underwater slopes rising up to relatively shallow water (less than 30 feet deep) on each side. This approximate 2500 acre area is the primary opening in the underwater ridge separating Long Island Sound and Block Island Sound, and is an area of very turbulent tidal exchange. FISH AND WILDLIFE VALUES: The Race represents a very unusual physical environment in New York State. The deep, turbulent, waters and shoals combine to produce a productive and diverse habitat for marine fishes. Significant concentrations of many species forage in this area, including striped bass, bluefish, tautog, summer flounder, and scup. The Race is also one of two primary migration corridors for striped bass, which move into Long Island Sound in spring en route to their breeding grounds, and return to southern wintering areas during fall. As a result of the abundant fisheries resources in the area, The Race has become a nationally renowned sportfishing area with heavy fishing pressure occurring throughout spring, summer, and fall. Much of this pressure is brought in by charter boats from Greenport, Montauk Harbor, and Connecticut. In addition to sportfishing, The Race supports a commercial lobster fishery of regional significance. IMPACT ASSESSMENT: The fisheries resources of The Race may be most affected by any activities that would substantially alter water currents in the area. Also, installation and operation of water intakes would likely have a significant impact on juvenile (and adult, in some cases) fish concentrations, through impingement or entrainment. The significant human use which this area supports is dependent upon maintaining or enhancing opportunities for compatible recreational and commercial fishing, within the productivity limits of the fisheries resources. 1-82 I I I I I I I I I I I I I I I I I I I KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State - Division of Coastal Resources & Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone I (518) 474-3642 John Poole, Marine Resources Specialist IV Bureau of Marine Finfish and Crustaceans NYSDEC - Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (516) 751-7900 NYSDEC - Significant Habitat Unit Wildlife Resources Center Delmar, NY 12054 Phone: (518) 439-7486 1-83 1:- ... .. . r-":--- , '. ......., s \.... if' \' 16 of: \ f \.: V \ co '. It W '-' 'c ." '~ '.. . 64 > :&s'..... ~ '. ... I' <::; '-' : . ........\- '_~'"",,,:, . .!~!:t - u,'....___.... ~ - . ~ .-~- " 5. ..... <, : '-I' ,. ' / - . .#. ..' .1 -:;"-,\''. "'- &:l ~ .. .~ ~ Quad: NOAA: Chart . 13205 Area Name: The Race Habitat Boundary Pa.e 1 of 1 .---j - ----- .. .0 l .. . ~ . .;.1-.a.;'i .- ~ . 11 ",'f- iJ _ _______ __..lI.._..__.. 1-84 ., ., '> .;;. ....- ~ \ ,. I'~,;/ '" "- ..,~ \ I I COASTAL FISH & WIlDLIFE HABITAT RATING FO~l Name of Area: Hungry Point Islands ----------------------------------.---------------------------------------------- I I County(ies): Suffolk Town(s): Southold 7.5' Quadrangle(s): Mystic, Conn.-NY-RI I I (IS) Individual Score I I I ECOSYSTEM RARITY (ER): 9 Small, undisturbed, rock and salt marsh islands; unusual in Suffolk County. SPECIES VULNERABILITY (SV): o I No endangered, threatened, or special concern species reside in the area. I HUMAN USE (HU): o No significant fish or wildlife related human uses of the area. I I I I I POPULATION LEVEL (PL): 16 One of the largest nesting concentrations of double-crested cormorants in New York State, and one of 5 major concentration areas for wintering harbor seals in New York. REPLACEABILITY (R): Irrep laceab Ie I I I (R) Replace- ability x 1.0 x 1.0 x 1.0 x 1.0 1.0 SIGNIFICANCE = [(ERxR) + (SVxR) + (HUxR) + (PLxR)] r-85 ( ISxR) Final Score = 9.0 = 0.0 = 0.0 = 16.0 = 25.0 I I I I I I I I I I I I I I I I I I I ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION HUNGRY POINT ISLANDS LOCATION AND DESCRIPTION OF HABITAT: Hungry Point Islands are located along the north shore of Fishers Island, approximately one and one-half miles from the eastern end of the island, in the Town of Southold, Suffolk County (7.5' Quadrangle: Mystic, Conn.- N.Y.- R.I.). The fish and wildlife habitat is a group of small islands, each less than 3 acres in size, consisting almost entirely of exposed rock with small clumps of trees, and salt marsh. These islands are totally undeveloped and privately owned. FISH AND WILDLIFE VALUES: Hungry Point Islands comprise a relatively small, but valuable, coastal habitat type that provides suitable conditions for several unusual species of wildlife. Isolation from predators and human disturbance may be the most important component of the Hungry Point Islands habitat, distinguishing this area from many other rock and marsh islands in Suffolk County. The largest island in the group is Pine Island, which has been the site of a nesting colony of double-crested cormorants since the early 1970's. During the 1984 breeding season, approximately 1400 adult cormorants were observed on the island, and there were an estimated 300 - 400 nests in use. In 1985, 750 cormorants were observed. This represents one of the largest nesting concentrations of double-crested cormorants in New York State. Nesting colonies of great black-backed gulls and herring gulls also occur on the islands in this area. In addition to these birds, a concentration of harbor seals is known to occur regularly at Hungry Point Islands during the winter months (December - early May). The exposed rocks in this area provide an important whauloutW area, which seals use for resting and sunning. This location is one of five major haulouts around Long Island, serving as an activity center for seals feeding in the Fishers Island area. There are no significant human use activities associated with the wildlife resources at Hungry Point Islands. IMPACT ASSESSMENT: Any human disturbance or other disruptive activity during the cormorant nesting season (March - early August), or when harbor seals are in the area, would have a significant adverse impact on 1-06 I I I I I I I I I I I I I I I I I I I the populations of these species in the Long Island region. Loss of vegetation on Pine Island could reduce the suitability of the island as a nesting site for cormorants. Introduction of mammalian predators to Hungry Point Islands would have significant effects on the bird colonies in this area. Any permanent alteration of the harbor seal haulout areas or obstruction of seal migrations may adversely affect this species. Significant underwater noise, from dredging or other activities, could preclude access to potential seal habitat in this area. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y,S. Department of State Division of Coastal Resources & waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, wildlife Manager or Louise Harrison, Environmental Protection Biologist NYSDEC - Region 1 Building 40, SUNY Stony Brook, New York 11790 Phone: (516) 751-7900 Samuel S. Sadove, Research Director OKEANOS Ocean Research Foundation 216 E. Montauk Highway P.O. Box 776 Hampton Bays, N.Y. 11946 Phone: (516) 728-4522 Edwin H. Horning The Henry L. Ferguson Museum Fishers Island, N.Y. 06390 Phone: (516) 788-7293 NYSDEC - Significant Habitat Unit Wildlife Resources Center Delmar, New York 12054 Phone: (518) 439-7486 1-87 I' .,.\1_~~ ....:..t~. ,~ ........~'f'.. r....~-;.""." ......... . " . .' 17 70 .. . [,,~: C,l.....p :~ . : ~: I .. ,. .- = . J 1 :a 'i: :~~ 00 ....1- I .. 1 " '0 .' . . .7 7. .. """ ... 3' 1 1 ., '0 \;. " c 1 .. o \J 1 p ", 1 .. .-- 2560 Door- I 57'30" ~t11 A,.. ~it..-- ea Namel H ~vnll-NY-RI Habitat un.,..y P . Pale 18 founda,..y olnt Islands o 1 1 f< 1- 15SOOO" -- - I F--'2l - ~ -==<=~..~-- ODD ~-~--- ~~-c::9-__1~' 1(<<' 1- L~-.=- ...:._ D ..,--"'~ ~ - .:;;-=~ S::,o,L[ 1.240JO o ---=-- I""... :) _ . S.:.I !~rtment 1'~'" . &,..ot;:e!'\~ent of 3"'" .;r--- ~:l: ~):( ~ y. 1-8C -~ ..a'l:'~.~;"C'1_ I I I I I I I I I I I COASTAL FISH & WILDLIFE HABITAT RATING FORM ------------------------------------------------------------------------------- Name of Area: Fishers Island Beaches County(ies): Suffolk Town(s): Southo1d 7.5' Quadrang1e(s): Mystic, Conn. - NY - RI ------------------------------------------------------------------------------- (IS) Individual Score (R) Rep1ace- ability (ISxR) Final Score --------------------------------------- ECOSYSTEM RARITY (ER): o x 1.0 = 0.0 A network of small segments of undeveloped sand and pebble beach; not a rare ecosystem type. SPECIES WLNERABILITY (SV): 48.5 x 1.0 = 48.5 Least terns (E) nested at both beaches in 1984 and at Mud Pond Beach in 1985 (13 pairs). Small numbers of common terns (T) nested at Stone beach in 1983 and 1984. Roseate terns (E) and piping plover (T) also have nested here in the past decade, but not in 1983, 1984 or 1985. Ospreys (T) nest nearby and feed in these areas. Additive division: 36 + 25/2 = 48.5. HUMAN USE (HU): o x 1.0 = 0.0 I I I I I I I I No significant fish or wildlife related human uses of the area. POPULATION LEVEL (PL): o x 1.0 = 0.0 No unusual concentrations of any fish or wildlife species occur in the area. ------------------------------------------------------------------------------- REPLACEABILITY (R): 1.0 Uncertain of ability to replace the habiatat. ------------------------------------------------------------------------------- SIGNIFICANCE = [(ERxR) + (SVxR) + (HUxR) + (PLxR)] = 48.5 1-89 I I I I I I I I I I I I I I I I I I I ***SIGNIFlCANT COASTAL FISH AND WILDLIFE HABITAT*** PROJECT DESCRIPTION FISHERS ISLAND BEACHES LOCATION AND DESCRIPTION OF HABITAT: The Fishers Island Beaches habitat consists of three areas on Fishers Island, N.Y.: the Mud Pond Beach area on Fishers Island Sound at the far eastern end of the island, the Middle Farms Beach area on Block Island Sound on the south central shoreline, and the Stone Beach Area on the far western end of the island between Hay Harbor and Fishers Island Sound, in the Town of Southold, Suffolk County (7.5' Quadrangle: Mystic, Conn.- N.Y.- R.I.l. The Mud Pond Beach area is approximately 8 acres in size, consisting of beach and rocky strand with a protective border barrier of dense shrubs between the beach area and Mud Pond and further on, between the beach and golf course. The western part of this area has been posted. The area is mostly under private ownership and is partly abutted by the golf course of the Fishers Island Club. There is some recreational disturbance of the habitat from boaters, picnickers, golfers and occassionally from four-wheel drive vehicles. The Middle Farms Beach area is an approximately 17 acre sand, gravel and cobble beach interspersed with shrubs adjoining Island Pond and Beach Pond. A very shallow cut bisects the beach and acts as an inlet to the ponds during storms. There is some human disturbance at the western end of the beach. This area has been posted at the western end. Island Pond is presently being leased for oyster aquaculture. The third area, Stone Beach, is an approximately ten-acre spit of sand, gravel, and pebbles dividing Hay Harbor from Fishers Island Sound at the far western end of the island. There is very little human disturbance here, due to inaccessibility. FISH AND WILDLIFE VALUES: The Fishers Island Beaches are small segments of undeveloped sand and pebble beaches, not uncommon in the area, but important as a network of suitable bird nesting sites. Least terns (El nested at Mud Pond Beach and Middle Farms Beach in 1984 and at Mud Pond Beach in 1985. Twelve nests were counted at each site in 1984. Thirteen pairs nested at Mud Pond in 1985. Small numbers of common terns (Tl have nested at Stone Beach in the past decade including 1983 and 1984 but they were absent in 1985. The nests were located in the middle of the Hay Harbor side of the beach. Piping plover (Tl last nested in 1980 along the banks of the inlet at Middle Farms Beach7 they were seen in 1984 but did not appear to nest. Roseate terns (El were also seen at Mud Pond Beach in 1984 but did not appear to nest. There are also three active 1-90 I I I I I I I I I I I I I I I I I I I osprey (T) nests on poles adjacent to Middle Farms Beach and one active osprey nest adjacent to Mud Pond Beach. There are gull rookeries on the rocks offshore of all three of these beach areas1 most predominantly near Hay Harbor. The gulls are thought to be the major deterrent to nesting of terns and plovers on these beaches. Other bird species which use these beach areas include: double-crested cormorant, great blue heron, little blue heron, green heron, black-crowned night heron, American egret, snowy egret, mute swan, mallard, black duck, gadwall, green-winged teal, wood duck, American goldeneye, red-breasted merganser, oystercatcher, spotted sandpiper, solitary sandpiper, greater yellowlegs, lesser yellowlegs, belted kingfisher, eastern kingbird, tree swallow, barn swallow, and brown thrasher. No significant human activities were associated with the fish and wildlife resources on the beaches. IMPACT ASSESSMENT: Nesting shorebird species inhabiting the Fishers Island Beaches are highly vulnerable to disturbance by humans from mid-April through July. Significant pedestrian or recreational vehicle use of the beach areas could easily eliminate the tern and potential plover populations. Fencing and/or annual posting of the area should be provided to help protect the nesting bird species. Unregulated dredge spoil disposal in these areas would be detrimental, but such activities may be designed to maintain or improve the habitat by setting back vegatative succession. Any activities which could adversely impact the water quality of the ponds would likely have detrimental effects on the suitability of the area for feeding and nesting. Management activities to reduce the gull population would enhance the suitability of these beaches as nesting sites. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Henry Knoch, Wildlife Manager or Louise Harrison, Environmental Protection Biologist NYSDEC - Region 1 Building 40, SUNY stony Brook, New York 11790 Phone: (516) 751-7900 1-91 I I I I I I I I I I I I I I I I I I I NYSDEC - Significant Habitat Unit Wildlife Resources Center Delmar, New York 12054 Phone: (518) 439-7486 Edwin H. Horning The Henry L. Ferguson Museum Fishers Island, New York 06390 Phone: (516) 788-7293 John H. Thatcher, Jr. Fishers Island Conservancy Fishers Island, New York 06390 Phone: (516) 788-7437 (summer) P.o. Box 132 Green Village, New Jersey 07935 (201) 635-5470 (winter) Charles Fishers Phone: Ferguson Island, New York (516) 788-7479 06390 1-92 1\c'"1---- ~".r~it $, -- l'i-~ -- -- /-- _L " $7 I 52 /'" . ,,'" Li..,thOU5"'~ North ./ ~ O",mpllna , .. , , /'" , , /'" " 45 /'" , $1 /' , /",' , I /",//"" , .~/' ;1- ...~ "'. I I ~ I I .. I I ~. I I I I I I., J ~ :.e I ,- 25 ",'" " .. Race PI 2'30" 1 "'IL[ ~_._--- :a?-=-=;;:~ '';~~_.~ :;.~-- _, Ki~tI:~ "I _tor arid. u".....u!":"t.f\""'.M !!~liO....1 0' Zor.a- ..a- d, Le-:,. Is:ane! Z,,,:!. ! .. 1..:, w ::J _. ~ ,'.::;' f. 1\ \\ .. f \ S , 45j5:':<- " .0 .5 .5 1'1 1) 16 79 o \J S .ASouth .J./ OlJm~lin. (l~'.t ~H.mmock B' '5 '0 3~: .;;: 13 z. .. " 10 16. ., .. z. Hawks Nest Point' I 11 " . \I /I /I " /// ~ ~ , , 0 " , " Wee! -~ .' \-L , , 13 ~o o f/ .i s .. ......, BLOCK I 75()OOCm.E. ISLAND .. Wilderness Point SOli 16 N/) I , I i.;ec(f):j r I ., c 1<' -. . 72'00' ~DARlCS: State................ ................................ .... ______ County.. ............. ..... ........................_____ ~wnorCitv........ _____ Ir Quadl New London. Conn-NY RO. Area Namel Fi5her5 I51and Bea~h.~ ~ Habitat Boundary Pa.e 1 of 3 1-93 ~t~". ...~......, ..u.....,... " 1 ..,..,..,.......-.- ...,''\ _...~...." - ~~~~- 72 .. -~,,,,,, 'iO~ -- ",.-~ 1 -.----- -,- ------ -- 1 1 .' ." ., . . t:;..:~ .. .. 1 t:- ."Middle Chln".p ~ ~. :;'::l" - ir..~ .' .' . . 10 ---'-- 1 PI,l'tlit. . Hoc/.. /4 ~ ; '/ \ ., 1 1 20 '.-- . -~, .J 1 .. .. ~ ~to I' ....... .. , 'to '.'-: . i~ :..- . ~. . .. 1 1 ., 72 .. 1 \.. D 1 5' .. 1 :-!~ '8 Quadl Mvsti Area Namel ~~ Conn-NY-RI Habitat BouFndlsher,s Island B ar~ eache~ Pale 2 of 3 ' :1-1 .;:-=:,:,255>0000 FEET ----I 1 . Pre.,.red and publish . of Transportation i:d In 1981 by the New Yor T"nsportation. F;d cooperation with the Uk State Departm. ent Hlahwlv Adminl$tr.tio~~' Department cu 1-94 ::=....:.:.--- . ~~:..;.~.:....:~=-=.,-- J;:':'; .," I- J< " " 1 70 , ., 1 J7 Seil: : Ro:~.:: ;~, 1 -9. ~, '~(-J. tl' ';- Wic.Ofle~set __~<:;!~nd ..:..' '-- ')-", " . ,. . . ..... ~O. ,"-,-'~)):~r" .,,', .4_ '- ~a'''-', -. .Point --, /\ _ _ /" ,~\..s.' ..... ' -~~. . ", o ,)f l>>;'l":t;..~~,_. ";o.:-r).l r\l'~ (rJ~"-1 r ( /0... '" lc. I ~ ~ ).' I~;J~U . .:. ,/',,//' 11 .-}~-." " .. '/ t.i.. 1".'. 1 0.,,,,"". .. -: - / - -;...~ ~ '-1-,-, '........ ......- ~#-, nf:ud .' 2: .' ~f;"'f,S.;./~:.q~\!:r:y:. ~ . . 1,.(,.~/,_.,,,p_.3 . E!1St :,:>"'.E\;Y" '?-,~'~..f..-l,... \','/ I ~""'I.r\'-":.:>\t._il_"tr_;'l' ; o~:;:;I. 0 r_.:/i;~_~~;i~~:~~-;~F/ -. ";.. I..:S: ,~>::,,,,:,'-;;"f!J?!":,:-' :',' --" ,kW,pck I - /.., 1" .-/ --, ~.; , .. 'V1sliHld _ -'~~~9~c~~,'~'\' <~;:~~.;.':c:">;'.: :. 4~ .. .:~~....-; ~~.,. .,/ - " j 1 I -~. ..0 <:,. 0' .. q. '0 I,,' 1 n ..-0 <45v,-,\ ~~ <> '0 r.~ ~7 ., ., 47 1 f2 .0 .7 S 1 1 0 r s 7e D 1 'N A f:i.~ 1" Ie:. 1 S m 1 /14 1 ., 1( n. C 12. l, 0 Quad: Mystic. Conn - NY - RI Area Name: Fishers Island ..::: 1 Beaches 1/3 195 Habitat Boundary: Page 3 of 3 1 230 208 ~--- ---- --- -- -I- --1 - ----- ,_ 257uuuo -----r __L__ 55' --- -- - -/----- --- - ---- - -- "-- "i'5 '::,.~'. .:""':. E. 1 1-95 SCALE 124000 o ] ~IL( BOUND.:..R.: ::- S:cdf'. . C'--'-._.. --------.------- ---- -,,- - ----- -. --- -.. ._ - u_. __ .._____ ._.._ _____ ; ((':" 2t,:-,) ~oo:' -~,...~^ ~.r~.ro I I I I I I I I I I I I I I I I I I S41 Ltd. ENVIRONMENTAL CONSULTANTS & PLANNERS I S41 SECTION II PUBLIC COMMENTS I I I I I I I I I I I I I I I I I I S41 I SS4iWSK1 ASSOCIATES INC. ""RO"""" CO'''LT'''' & PI"'ER\ SECTION ILA. STENOGRAPHIC RECORD OF THE PUBLIC HEARING APRIL 26, 1988 --_._-- I I ., r.: I I I I ~ I I I I ( I I . : . I . . . I " . . . , I ~ . . . . I I Il I 10 11 I 12 II il 13 Ii I; 14 Ii II 15 i; 16 'I Ii I: 17 " " Ii 18 II 19 " :' 20 21 'i I, I 22 , 'I il ii 23 II 2 SOUTHOLD TOWN HALL COUNTY OF SUFFOLK : STATE OF NEW YORK 3 ------------------------------------------------------X SOUTHOLD TOWN BOARD HEARING, 4 5 In the Matter of the Generic Environmental Impact Statement with respect to a proposed "Local Law to amend the Southold Town Zoning Code and Zoning Maps incorporated therein, to implement in whole or in part, the recommendations of the Master Plan Update prepared by the Planning Board." 6 7 B 9 ------------------------------------------------------X Southold Town Hall Hain Road Southold, New York April 26, 1988 2:00 P.M. B E FOR E : FRANCIS J. MURPHY, Southold TOvm Supervisor. A P PEA RAN C E S : HON. RAYMOND W. EDWARDS, Southold Town Justice JEAN W. COCHRAN, Councilwoman GEORGE L. PElnrY, IV, Councilman RUTH OLIVA, Councilwoman ELLEU M. LARSEN, Councilwoman '.,.. 24 'I II 25 ,I il Ii II-I I I I ( I I I ! I I I I ( I I : I ~ I I ; o I I II I 2 3 4 5 6 7 8 9 10 11 12 :1 13 14 15 16 17 o o o 18 19 I, 'I 20 21 22 23 I 24 II Ii 25 .I 'I ~ '-.-' 2 t MR. MURPHY: Good afternoon. I would f like to officially open this public hearing that has been scheduled. I will read the notice of the hearing. "Notice is hereby given that the Town Board of the Town of Southold will hold a public hearing from 2:00 P.M. to 5:00 P.M. and 7:00 P.M. to 9:00 P.M., Tuesday, April 26, 1988, at the Southold Town Hall, Main Road, Southold, New York, on the Generic Environ- mental Impact Statement with respect to a proposed "Local Law to amend the Southold To~m Zoning Code and Zoning Maps incorporated therein, to implement, in whole or in part, the recommendations of the Master Plan Update prepared by the Planning Board." SEQR lead agency is the Southold Town Board. Copies of the Generic Environmental Impact Statement are on file and available at the Office of the Southold Town Clerk, TOvm Hall, Main Road, Southold, New York, during regular business hours. A copy of this Generic Environmental ImF-act Statement, which contains the proposed II-2 I I . ( 2 I 3 4 I 5 I 6 ! 7 I 8 I 9 i 10 , I il I' 11 II il I 1I 12 ( 13 I 14 I 15 I 16 :1 0 I, : 17 0 I 0 18 0 . I 19 . . 0 20 . I ~ 21 : , 0 . I 22 23 il I 24 Ii I' I I I '-- 25 II II II I II 3 local law and proposed map, has been placed in the Floyd Memorial Library, Greenport, the Southold Free Library, Southold, the Cutchogue Free Library, Cutchogue, the Mattituck Free Library, Mattituck, and the Fishers Island Free Library, Fishers Island." t This notice was dated March 8, 1988, signed by Judith T. Terry, Southold Town Clerk. We have proof of publication that it was pub- lished in the Long Island Traveler and Watch- man, and also from the Suffolk Times, that it was published there. Also,that it was posted by tr.e Tmm Clerk, certification by her, and it was posted on the 21st day of Harch at the TOlm Clerk's bulletin board in the Southold Town Hall. At this tiwe I would like to ask the man who is responsible for the drafting of this environmental impact statement to make a few comments and, then, we will open it up. It is going to be very informal. We will be here. You are Imlcome to complain as you I.;ant, make ,-, as many statements as you want. The only thing I ask is that everybody who is going to make a I j I II-3 I \ I 1 I( 2 3 I 4 5 I 6 I~ 7 8 I 9 I 10 l' ! I 12 I r 13 \. '4 :i , I ii I: 15 ,I I 'i 16 Ii , 0 " 17 I 18 0 0 I 19 , I 20 " 0 21 I , 22 i\ I 23 1: Ii [: 24 I. I ( ii , 25 " I; I I II II 4 statement, to use the mike. Come up, identif~ yourself, name and address, so we have a perma- nent part of the record. I would like David J. S. Emilita to address some points. MR. EMILITA: Thank you, Frank. I Can you all hear me? I would just like to quickly bring up today why I am here, what has happened, and what may happen in the future. I guess it was back in 1983, '82 or '83, ",hen the Planning Board of the Town began to open up a broad range of environmental studies with un eye towards updating the Southold Town Maater Pl~n. In late 1985, the Planning Board adopted a document of which was the summary of the Haster Plan of the TOv.TIl of Southold and has since been amended by the Planning Board. One of the n:J.jor tools used .to implement the major pla~ is the zoning ordi~ance. The .:urrent zoning ordin,:;nce of the Tov.'T'. of Southold, Chapter 100, dues not in many respect~,rcflect the policy, program, and language recommendations of the Master Plan. , So the Planning Board prepared an initial draft I II-4 / I I I I I I I I I I I I I I I I I I I ( 2 3 4 5 ~ 6 7 8 9 10 II ~ I I, ,[ 11 12 Ii , ( 13 14 15 16 I~ II " : o 17 18 . . 19 o 20 . , , . 21 22 I: 23 i: II 24 ): it II ( '- 25 il I' " " II 5 i of the zoning ordinance recommended for the adoption by the Town Board. The adopting agency for the Town Board took the study for many, many months, probably some of the most grueling examinations of zoning I have ever sat through, and went into the refining of the proposed amendment to Chapter 100 of the Town code. NO\l, in accordance with State environ- mental regulations and following a set of public hearings back in January of '87, I believe, ue had a few snowstorns, so I am not quite sure of the date, it was determined that the proposed local law, the implementation of the local law at that time was that proposal may have significant impact on the environment and should be addressed as by what is knc-wn as the Generic Environmental Impact Statement according to the State environmental regulations. We were asked to prepare the draft GElS, as it is knov.'I1, for the Town. Let me quickly read to you a section of the State regulatjons to show you how this kind of impact statement differs from the specific impact statement that ,-, II-5 I I I ( I I I ! I I I I r . '- I I 0 I , 0 I 0 . . I , 0 . I , I I I 6 would be prepared by an individual who was to come in for a site plan subdivision appro- val, or perhaps even a special exemption. Under the zoning we are talking about, two different classes of environmental impact state~ent, let me read for you the regulations. \ A Generic EIS may be used to assess the environnental effect of an entire program, or plan, having Hide application or restricting the r~nge of future alternative policies of the project. Couched in a language, we find the propooeci ,~.endment to the zoning ordinance. F~rth~r GElS may be broader, more general, than :he site or project, specif~~ GElS's, and should d~scuss the language of the original or the close advancements. They laay also include sections of specific impacts, if such details are available. F~~ther, they may be based on conceptual informaI:i.m. In some cases, tl,ey may identify the i:1pcrtant elel:1ents of thE: nutritionally based source. As WEll, the project may be baseQ on future environmental patterns and characters. They may discuss, in general, the terms of II-6 , I I ( I I I I ~ I I I I ( I I. I : I, , I I I ( I "- I 2 3 4 5 6 7 8 9 I :~ II II 'I 12 :' 13 14 15 16 17 18 19 20 21 22 23 24 II " Ii 25 II I I, Ii II .._.__.~------ -.----.-. - ... - ----.~.. -~ . -...... ... ....- _. .__........n__ 7 constraints and consequences of any future options. They may present, in analyzing genera terms, a few hypothetical scenarios that could and very likely do occur. He believe this draft GElS has satisfied l these general requirements of the State regula- tions, and it is to this end that this is put forward for comments and review in accordance with regulations. ~ihat will happen next is that following the public comments, the To~~ Board will review your comments, prepare responses to your comments, issue a final GElS and, again, there will be a short comment period follo\~ing that. The TOIm Board will then take its last look and make a finding and i i determination of what to do about the amendments of the zoning ordinance. So t~at is probably too quick a sketch of where we are now, how we got here, and what we are about to do. Now, I turn it back to Frank. 1ill. ~ruF.Fhr: Thank you, Dave. l.})eard, end I am sure you are all confused a little bit. Dave will be here, and we are not here to debate anything that II-7 I I I( I I I I~ I I I I( I I; . I I I. I I ( I I 1 2 3 4 5 6 7 8 9 I' 10 1 I I 11 II I, 1 'I 12 I! II 13 14 15 16 17 ' " i: " 18 19 " i: 20 Ii 21 ii 22 :: 23 ii II 24 II I, 25 Ii Ii II 'I I' -Ii 8 you would have, but if anyone does need clarifi- . cation on any point Dave will be here to clari- fy it. As I say, this is not a debate. It is a public hearing. We want to hear from the public, what you think. l At this time, I ask again, anyone on the left-hand side starting with the front row; who would like to address the Town Board? HR. WACKER: Ronnie Hacker, representing North Fork Environmental Council. I have some renarks prepared here. As I say, I may have other ~uestions to esk Dave later based on some misunderstandings. , It was back in 1982, six years ago, that the North Fork Environmental Council asked the Town Board to place a moratorium on building aubdivisions until a Haster Plan could be completed. NFEC brought in nearly 5,000 signatures on a petition, c.:lllinz for a ~oratorium. He could ha'le gotten r.1o::e, but we figured that ..-.'" - 5,000 names would be enough to convince the Board that the people of Southold were sick of rr-8 I I I I 1 1 . 1 1 1 1 ( 1 1 . : , I. o I: I" 1 1 1 ,- 1 ( 2 3 4 5 6 7 I 8 9 I I' 10 II I' I I! " 11 I, II , Ii 12 ,I 13 14 I " 15 16 17 18 I 19 20 21. d 22 23 24 , 25 ;1 / 9 \ unreasonable development. The Board did not agree. Now, we are here, six years and many, many subdivisions later, still without a Master Plan. But we seem to be getting there, finally, and today we are considering the Generic Eilvironmental Impact Statement on that plan. The North Fork Environmental Council believes that the GElS under discussion does a good job as far as it goes. But, it doesn't go nearly far enough. It warns us of "major irreversible impnct" f:::-c:n converting more than half our farmland into houses, shopping centers and light industry. It says our creeks are threatened with pollution from overcrowded marine conditions, and our groundwater is in danger of contamination from industrial zoning in Cutchogue and from hamlet-density housinb on the Norris property in Mattituck. It says we ought to increase the size of buffer zones for the To,.rn I s ,~etlands. It warns us that the latest zoning map. as ~t has been revised over recent years, has i I I I I II-9 I I t I I I! I I I I ( I I I ~ c I C . . I: , I: I 1 l 1 2 3 4 5 I 67 II II 8 9 II 10 ,I II II 11 II I '1 i: I 12 I ii " 13 Ii " i! 14 :i 15 16 17 18 I 19 20 21. 22 !I I 'I 23 I: 24 Ii " I, 25 .. .1 ji 'I il II -....-.- .<.-_...- ---.- 10 serious environmental flaws. All well and good. But there is a lot more it doesn't say. The State Environmental Quality Law defines the environment as including, and I quote: l "the land, air, water, minerals, flora, fauna, noise, resources of agricultural, archeo- logical, historic or esthetic significance, existing patterns of populatio~ concentration, distribution of growth, existi~g co~unity or neighborhood character and hu:nan htlalth." A nu:nber of these areas ~re ignored in the GElS before us. It has no\: con:;idered: The impact on our schools, roads and traffic. The increased need for public water supply, "here we're going to get it, how much is it going to cost? The need for expanded ~ovcrnment servictls, adQinistrative offices as well as the more obvious police and highway departments and fire fighting forces to serve the expanded pop'ulation. II-IO I I I( I I I~ I I I Ie I I . . I- I I ; : I: I I(~ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 , ,I 23 II II Ii 'I 24 I, I' ,I 25 II ii Ii I' I I o . \ 11 All of these will affect our taxes as well as the environment, which for many of us may decide whether we can continue to live here_ We hope that the mistakes of the marine business zoning will be corrected with the State's Local Water Revitalization Program, and at no cash cost to us, but there still remains zoning decisions on our latest zoning map that, if left unchanged, will alter the character of this town forever. These should certainly be reassessed. We should like to propose that the GEIS be e:-:pnnded to address these concerns and that the zoning map be adjusted, perhaps reverted to the original map by RPPW in 1983. The tinkering "lith it over the last five years has left it seriously weakened, to the point where it n~ longer accurately refl~cts the goals of the Haster Plar:. To do this, the North Fork Environmental Council once again would like to propose a mora tor i'..::l of perhaps six months or a year on building of subdivisions. The need is more pressing now than it was six years ago. We I . I II-ll I I I ( I I I ~ I I I I ( I . . . o .. . .. . I ~ . . . - . 1 I 2 3 4 5 6 7 e I 9 I I 10 I, 'I I, 11 :1 12 13 I' " I, 14 I 15 'i 16 ,: II I 17 18 I, " I! 19 " I: 20 21 22 j~ ,I 23 I' ]: 24 'i I, I ,I 25 II Ii " II 'I I' II 12 need to halt the rush of applications, there are now more than 200, and give the overworked Planning Board some breathing space while the GElS and Zoning Map are reworked. We hope that the present Town Board will listen to us. . MR. MURPHY: Thank you, Ronnie. Anyone else on the left? HR. KELLEY, Christopher Kelley, of the law firm Twomey, Latham, Shea and Kelley. I am here on behalf of Frank Flynn and Henry Heisr:lann. I have a set of written comments I would like to submit to you, at this point. I have appeared before this Board on behalf of Mr. Heismann and Mr. Flynn on previous occasions, both for a zoning change, or opposi- tion to the zoning change, proposed at Young's Hariria site on Sage CO'le, 1987, January, when I presented the critique of the proposed zoning amendment, at that time, and argued a GElS should be prepared. r-~hank the Court for considering our argument and agreeing with us. I had the . i opportunity to review the Generic EnvLronmental i i I i II-12 I I I( I I I~ I I I Ie I I: I: . I; . , I~ : : I: I Il I 1 2 3 4 5 6 7 8 9 10 i 11 II II 12 :1 Ii 'i 13 Ii 14 Ii 'I II , 15 Ii 'I I' 16 I' ,I Ii 17 :! I' 18 ;i " I 19 I, ,I " I' 20 II Ii 21 i! I, 'I 22 II II 23 II 24 I I 25 ,I II I I ",. 13 Impact Statement and, then, a few brief comments on it. However, there are a few overall comments that I would like to make. One of the problems, I think, with the l GElS is set out to accomplish two goals. In the process, it doesn't accomplish either of them. GElS, as Dave correctly advised us earlier, is designed or intended to give the decision makers,in this case the Town Board, the opporcunity to review the proposed impli- cations of u plan th3t rr.ay encompass ~any pieces of property and many policy decisions. I believe the GElS has failed to give us that. By its own terms, the GElS tries to accomplish another objective, that is looking at the six aspects, particular aspects whereby the proposed I zoning was proposed for specific sites. I think, or guess, being a practical Board, you looked at the pieces 0= the plan that go~_~he most criticism last time around. In essence, the GElS orients itself to certain sites, specific situations. II-13 '. .--.--.---------. 14 I would submit, however, the informatiop gathered and the analysis, with respect to the six aspects, is faulty and insufficient. To save the GElS as a legally acceptable docu- ment under SEQRA in essence, I think what I the GElS is is a rationalization for a plan that already has been written in stone in some instances, and that vhat a GElS should be is a dynamic instrument that tells the Board the problQms or benefits of certain plans so that the Board can make decisions on how to fine-tune the actions it is about to take. I -lOuld lil:e to make a few specific criticisms of the GElS vith respect to parti- cularly a n;arine zoning and how that marine zoning applies to the Young's Marina site. I "ould like to read to you a quote from: Page.7 and 8 of the GElS which describes the definition of "here an H- II site should be located. It says M-Il site to provide a waterfront location [or a wide range of watcr- dependen!: and ,later-related uses. ,- / I -' 'b" n ,-,escr:L :Ln~ i , I the location of M-lI it says: ". . . "hich in general are located on II-14 i I I ( 2 I 3 I 4 5 I 6 I . 7 ~ 8 I 9 I 10 11 I [ 12 I, '! I 13 C 14 ii I " 15 Ii II I 16 ij " . I! : 17 i ~ " , I . ,I ! ~ 18 . I 19 . . " , 20 'I I . ii e j: 21. ,: . " ; [: I 22 ii 23 I :1 I Ii I' 24 Ii ! II I 25 " Ii i' Ii I II - -.- ~ II .. "--'.'~ ...-. _.~,-_.__. - --- _. ----.--.-- ---- -_.- - --.---~-----.._ '..__ ..__. ~..__o 15 major waterways and open bayfronts and on the Long Island Sound." As we all know, and as I have been told on numerous occasions, more occasions than you want to remember, I am sure the Sage Cove k estuary which Young's Marina is located on is not such an open bayfront. It is a shallow, poorly flushed cove. Currently, for the good of all the Town, the waters are still certified for shellfishing. I think this would change, with the special permit review of hotels and motels Hi.th a density of ten units per acre, with th~ restaurants Hhich are~r~itted on the site. Later on the same section of GElS, and right now I am addressing the section of GElS entitled "DESCRIPTION OF THE PROPOSED ACTION", later on that section states: "Restaurant:; and transit hotels and ~otell would require a denitrification treat- ment of their waste ',aters. Public water as defined in the zoning ordinance should be . required due to the potential problems of salt water upcoming near the fresh/salt interfa e. II-IS I I I { 2 3 I 4 5 I 6 I ~ 7 8 I 9 I 10 11 I 12 I 13 , \. " 14 I 15 , I 16 :1 " '! 0 . 17 I , 18 0 i 0 j! I 19 . 0 20 I " 21 0 I . , 22 I 23 24 I 25 I 16 The problem is that the GElS makes this. recommendation of a denitrification of public water but no where in the amendments are these requirements implemented. I will discuss that later on. He are talking about a significant impact on other mitigation measures which, as 1 outlined, the problem is classified measures but you are not incorporating them in the plan. '{hat is the point of incorporating them if they are not made part of the plan? Later on i~ that section, the definition of 11-1 district and professional locations that is i~tendcd to cc~?ly is set forth. There it says M-I ',;as intended for "marine or tidal waters but which are located within the con- fines of the Town's tidal creeks or natural coves". I would submit to you this definition more closely conforms to the site attributes of the Yot::":g' S l1arina property. It ,....ould mitigo.te again the same as be:.ng c!esignated M-II, but in favor of being an M-I type of site.: Th, n'x' ""ion ,p,ak, of Signifi,an' ! Environmental Impacts on the site. The propose, II-16 . __ d_.._ I I- I( 2 3 I 4 5 I 6 I~ 7 8 I 9 , I , I , 10 , 11 I 12 Ie 13 14 I 15 i I' I I' " 16 II 0 : 17 I Ii 0 I' !i 0 18 0 !i I 0 Ii 19 I ~ I 0 I' I 20 " " d ~ i 0 21 I " 0 " I . i' . 22 ,I II I 23 I :I 24 II I ( \1 ~ 25 i' ,I '. i I " il II 17 zoning would be relieving any impacts under the current zoning and make development more palat- able. That is what it exactly says. That, in general, development proposed under these two new districts, meaning M-I and M-II, would t prevent few adverse impacts on the marine en- vironment than would be expected from such proposals under current zoning. I take exception with that, with regards to Young's Marina site. Young's Marina site is curr~ntly zoned "e-Light Industrial". It has no motel or hotel use even with the excepticr. set forth for limited agricultural uses which the site really is not appropriate for. All commercial/industrial use under the current zoning, there would be special exception uses which means an applicant would have to go before the Zoning Board of Appeals and satisfy that Board. Appropriate criteria would be proposeu on the permit to prevent environmental degrada- tion. IJ, such ..:onditions would be developed by the Zoning Board, they would not be at liberty to grant special exception uses then II-17 I I f I I I I I I I( \, I I I: I' I- I: I I \ I' 2 3 4 5 6 7 8 9 10 11 12 13 " " " I' " :1 14 [I , 15 !I " 1 II 16 I: II 17 I: l' II 18 II I' ,I 19 " :! I 20 II II :! 21 \1 I 22 Ii ,I 23 il I 24 I 25 II . . "- ---- - _.~~_.- - - -.-- . -- 18 t under M-II zoning. Boat yards and marinas are permitted without a special exception, at all. The waterfront revitalization study done by the Town shows the dangers of these types of uses as described with oil and byproducts, gaso- line, toxic paints, chemicals, and all types of things that should not be located near surface water. if we want to protect these surface waters. Again, with the special permit, such a site could be eight acres with 80 units of motel or hotel use, togeth~r with restaurants and boatvard marinas. . I \70uld submit to you that the Young's Marina site be changed frem the M-II zoning or not approve anything at all. In fact, it opens that site up to a lot of uses, a lot of industrial dangerous uses th3t the site is not opened up to at this point. On Page 42 or the GElS a reference is made to what scems to be a problem mitigati0~ situatiQ~ where an M-II district was approved to an unna1med creek in New Suffolk, and the document describes the difficulty in applying II-I8 . .' .( . . . . . . .e . ., . .: .~ . . ; ; I ; I I I 2 3 4 5 6 7 8 9 Ii 10 1\ 11 ii II 12 1: 13 14 15 , 16:! " Ii 17 ;1 Ii 18 I' 'I I, " 19 Ii [: 20 I' 'I I, " 21, :i Ii 'I 22 " II 23 il il 24 II 25 il ii 19 the M-II district to that site, saying that the site has a small volume of water, the narrow and confined nature of this creek and the closeness of existing dwellings could create adverse impact if major expansions of existing activity were to take place in either the 1 Marine One or Marine Two districts. We have similar situations at Sage Cove. For the reasons that site in New Suffolk should be H-I. I would submit M-I is the most appro- priate location and most appropriate district to be sited at the Young's Marina site. To Significant Environmental Impacts, unfortunately even with the six identified aspects which GElS purports to analyze, no serious data has been given to the effect of the available uses on the quality and quantity of surface and ground water supplies, traffic on Route 25, ,'iildlife habitat, or wetlands. Special permit use ~nd uses that don't reauire special permics in the nc" zoning, I submit, that is the fault of GElS. TIlat should be remedied by advising GElS or substantially resolving the regulations in the M-II district II-19 I I ( I I I I ~ I I I I ( I I . : . I: . I ~ , I : , I' I I I 2 3 4 5 , , 6 I 7 I 8 9 ,I II 10 :I I, II II 11 Ii " " ,I 12 ' I " 13 14 15 16 'I :i 17 :, Ii 18 ,I jl 19 , I 20 21, 22 " I; i: 23 :i 24 I! Ii 25 " I' ., il Ii Ii l 20 to alleviate some of those problems. The document talks about the fact that the 1 surrounding area around the Young's Marina commercial site has been rezoned to R-80. I submit, all of the Zehner property not utilized by the marine is still within the M-II zone and available for motel/hotel boatyard cor.struction. The GElS makes no reference to the fact that this is clearly a spot zoning sticking out like a sore thumb in a law-density residential area. We have the potential of SO units in an area zoned for two-acre residences. T113 s<!ctiun on Alternatives, \Je are left with just three alternatives. We can adopt part of the plan and hold it for further study or we can do nothing. I would submit, that with a littl~ irr,agination the Board can come up with several ~ore alternatives to help the process rnove:ilong and get what everybody believes is needcd for this l'O\ill. I would subnit, in terms of the Young's Marina site, there are several alternatives. Zoning it to M-I would seem to satisfy the II-20 I I ( I I I I~ I I I I ( I I. I: I I ; I I Il I 2 3 4 5 6 7 8 9 . . 10 ' I, 11 II Ii 12 I: ,I " 13 I' ,I II 14 Ii 15 ii 16 Ii 'I II 17 I, 11 !I " 18 " 'I I, 19 " . . ~ .' " " 20 :1 , II 21 :i i: :1 : . . 22 " II I. 23 II " i " 24 II 25 \1 " I 21 criteria. I would say revise M-II regulations. Eliminate hotel and motel as special permit uses, for instance, then beef up special permit criteria. Make marinas and boat yards special permit uses and put specific criteria as codes so we are protecting the Zoning Board o~ Appeals k insofar as conditions of surface water, ground water drainage, et cetera. In the MITIGATION MEASURES sectimn, as I alluded to earlier, Dave came up with SOffie great mitigation measures which I think are standard types of things you want to think about with a marina zoning. He talked about pump-out facilities requiring proper drainage so we are not allowing inordinate amounts of contaminated runoff to run into estuaries and coves. There is talk about toxic paints. and adequatedispoGal of marine solid and hazardous wastes. He would also talk about bulkh~ad and pier limitG. requir<=ments for com!ilunity water and rcqui:::enents for advance waste t:::eai:mcnt. These ar~_};;;celll.!nt mitigation proposals. However, they are not required f~r any of these uses. They are not a part of the code. II-21 I I I ( I I I ! I I I I ( I I . . I ~ . I: . I~ ~ . I' I 1(-- I 2 3 4 5 6 7 8 I I 9 I, I; 10 " Ii I 11 Ii " 12 13 14 , 15 I' 16 Ii 17 II I Ii 18 19 .. ., " , 20 " I P . I, 21 Ii II !I 22 II 23 ii :1 I 24 II 25 II I I II 22 Anyway, I would think that with some revisioni to the code, this type of mitigation measure could be incorporated to the plan. As to GROWTH INDUCING ASPECTS, it seems to me there is a clear oversight that this site, \ which currently has no dwelling units on it, could have 80 dwelling units in thenew code, and that refers to a quote from the GElS: "Gro'wth inducing impaccs of the proposed locel law appear to be limited to Hamlet sectings". I I I i , , I I I i Th~s site, the 80 units over no units, speaks fo~ itself over what the n~w zoning will do in terms of indu::ing grm.;th of the site. In concluding, I ~ould suggest the GElS is trying to acco:;)plish t1:0 purposes and has accomplished nei~her. You could either take the time to revie1v and revise th.. GElS. which I think ",ould be [iD important step for sicpli- fying the ~attcr, ~nd demanci~d tte proposal for the T;:}IV zonin;;. I think that, as I mentioned earlier, there are things my clients would submit you look into. II-22 I I- I( I I I~ I I I Ie I I: I: I; < I ; I I I (--- I 2 3 4 5 6 7 8 9 10 Ii 11 II 12 II I' " 13 !: 'I !i 14 I: , " I: 15 , I 'I I 16 II II ,I 17 18 !I , 9 :~ 1: 'I " 20 I! 21. '! " !, 22 ii " 23 II :i II 24 Ii II 25 II II II II 23 One is the changing of the Young's Marina site to an M-I site. The second is to revise the M-II regulations to give the Town agency more control over what uses will go in there. We will eliminate special permit i uses,including hotels, motels and restaurants. In addition, the special permit criteria should be revised an more specifically domina- ted so that the code determines exactly how many units will be permitted and under what circumstc.nces. T~3re are nany of them in the code, but they arC' v,~ry general and ver? vague. As to the density of the units, density of boats, Dave talked about pier and bulkhead , limits as mitigation measures. Nowhere is there: I a rule of ~hurnb in the code as to how to cal- culate hOl,;' m.1ny boats a particular facility can accornodate, that are on land or water. As that is a significant issue whenever you face marina expansion, upgrading the special permit criteria' must be tougher nnd more specific. We would recommend that the marine and boatyard be special exception uses in both the II-23 I I I I I I I I I I I I I I I I I I I ( 2 3 4 5 6 ! 7 I 8 I 9 il I: i: 10 Ii , " i; 11 12 ~ ~ 13 14 15 , 16 II ,. . . , 17 !, Ii Ii i: 18 :; 'I Ii 19 :; ii !I 20 II j: ; . . ~ 21. '- I 22 ;i Ii I, 23 Ii II 24 Ii il 25 il II il if- 24 M-I and M-II districts because they present . unique problems with the Zoning Board of Appeals or plan body. HO~vever, in going to comply with the special exception section, they can incorporate I certain conditions to protect surface waters, groundwater, all things that have sensitive surroundings at the marina. Hitn these recommendations incorporated in the plan, I think the plan would better serve the ~ses of the TOvffi and my clients would De ~ore satisfied with the ~ay the cornrr.t:n:~y ~.:ould be rezoned. em. ~l':ILITA: Thank you. ~IR. MURPHY: On the left, anyone else? }~. SEIG}~N: Ed Seigmann to speak for an organizut:on by the narre of Can-Do. That is an organizat~on that exists because of the Norris property. It is an organization that was fOrEed b:: the people who li-..e in that arQOJ.. He are cpr-os:.r:g the portion of t;,e :'laster Pl",n that perEit3 an lID zone in that area where everything else is zoned two acres. We feel that it is spot zoning. Also, II-24 I I I I I I I I I I I I I 0 o I : , . I ; o , I I I I ( 2 3 4 5 6 . ! 7 8 9 10 'I !I 11 Ii Ii 12 Ii ;i 13 q ( I 14 !: .! 15 : o 16 II Ii II 17 1: , 18 il " !i 19 20 21. I' 22 .1 )1 II 23 II 'i 24 ( '- 25 Ii II 25 to have one zone in there that permits somebody to build 95 condominiums on 27 acres of property we don I t feel that it is proper that the people I in the area have to spend the money to prove that area does not warrant 95 condominiums on I 27 acres of property. We believe that should be done by the Board, to find out whether there can be 95 condominiums permitted to be built there or net. We feel that it is the responsibility of the Board, that before they pass the Master Plan they change that zoni~g to two acre the way it first appeared on the first Master Plan maps th~t c~rne out after you ?eople or whoever that was that worked on the H3.ster Plan. We are sure that when sorr.ebody recommended that i should be two acre zoning there, that it wasn't! done out of thin air. It was done because there Dust have been some kind of study made in that area indicating that it should be t"o acre zening. SO~ffi"here along the line, we are not able to find out where or when, that map was changed to H-D area, permitting 95 condomini~s , ". II-25 I I 2 I( 3 I 4 5 i I 6 I I I 7 I i 8 I' I 9 ,\ II 10 Ii I ;1 !! 11 " I' I " !: 12 Ie 13 i 14 I 15 I: 16 i: I~ 17 18 I~ 19 , , 20 Ii 21. ~ I' 22 23 I 24 i 1- 25 I I 26 on 27 acres of property. We feel that you people should make that study before you okay the Master Plan and to change that map to two acre zoning the way you had it in the first maps that carn~ out. Th3nk you. l MR. l-nJRPHY: Thank you, Ed. Anyone on the left that would like to address the TO'Jn Board? ;'1R. FLy:m: F. M. Flynn, 835 Falcon Drive. I ~ould like to address the certain aspect of the GElS covered by Mr. Kelley, and perha?s I can pay the Board a courtesy of being more direct ~nd quicker in n~ remarks. I intend to read my remarks, so that I can present a copy to the Board subsequently and have it a verbatit:: part of the record. It is ;:;1 opinion that the subject GElS represents an effurt by the To.m Board to ren- ocr lip service to th2 requirements of SEQP~ by presenci~g a GElS ~upportivc of the Board's proposed Ifaster Plan and prepar.:!d on the check. There can be no doubt that the original, : I I inpdrtial, professionally prepared plan present~d I I 1.-. II-26 1 1 1 { 1 1 1 ~ 1 1 1 1 ( 1 10 . 1 0 1 1 : 1 1 1(' 1 2 3 4 5 6 7 8 9 10 11 II I' 12 il I, 13 :1 'I' 14' II 15 I: 16 Ii 17 18 o o 19 . o 20 o . ; 21 22 23 24 25 27 k by RPPW has been completely eviscerated and what remained represents the cobbled-up, piecemeal efforts of the Town Board. As for being done on the cheap, residents might well be informed that the total cost for the To\vn-wide GElS was contracted at a fee not to exceed $7,200.00 or fifteen man days. This, in my opinion, is more within the range of fees paid to do a thorough EIS on a one family house plot. It certainly doesn't evidence any serious effort on the part of the Board to obtain a corr.prehensive GElS for the entire Tmvn of Southold. The GElS before us can be described as consisting in large part of a warmed-over pastiche of previously submitted statements. Hhile understandable in view of the niggardly fee, .the result cannot be taken seriously as a comprehensive GElS, conforming to all the requirements of SEQRA. It does not attempt to address the long range, c~ulative impacts of this ~9-called Master Plan, nor does it offer mitigation measures or alternatives. The cumulative economic impact of the plan II-27 1 1 1 ( 1 1 1 ~ 1 1 1 1 ( 1 1 = : 1 ~ o I, , o I; 1 1 1 (, 1 2 3 4 5 6 7 I 8 9 10 I, II 11 ii I' ,I 12 ,! I: 13 14 ;1 I' " Ii 15 :i I, Ii 16 I I 17 ! 1 18 I II 19 ,; 'I " ; 'i 20 i' I' II 21 Ii I! 22 Ii H II 23 i! 24 i,1 25 ,i , II I ~..~ 28 is nowhere adequately considered. What we really have, in my opinion, is a few site specific references which will not stand up to close analysis and a rehash of supporting data prepared by RPPW some five years ago in connection with a plan that has since been l so drastically changed as to no longer exist. With respect to economic impacts, may I be so bold as to inquire if the Board has informed the public, through the GElS or otherNise, that the changing of the zoning and, thus, relutive values of so many parcels of real estute will dictate a TO'Nn-wide reassessment? Hay I add that, based on my 40 years of experience, historically such reassessment3 have had their greatest impact on older residences and vacant land? l..,..... ";>ennv .:. .I........ ~.I , in a partial defense of the proposed Ila3ter Plan ha3 been quoted as saying that he was reluctant to "trash" the entire plan. I look upon the use of the word trash from a Q:~ferent perspective and in a different context. I see the proposed plan as contrived to destroy the co~nity of Arshamomaque-West II-28 I I .( 2 I 3 I 4 5 I 6 I , I I ~ 7 I 8 I 9 I 10 11 I 12 I ( 13 14 I 15 I 16 i' " . il : 17 I . 18 . i! I 19 < < ~ 20 I . u 2' . I < 22 , I: Ii " 23 'I I II 24 Ii I - 25 I [, , i I i I 29 Greenport, along with the Incorporate Village of Greenport. This relatively small area already has the greatest density of uses considered too intensive, or otherwise objectionable, of any other area in the Town. We have the highest 1 concentration of motels and marinas of any such area along with a nursing home, a camp ground, industrial and business uses, senior citizen housing, affordable housing, et cetera. He have been victimized by spot zoning and such other abominations as the Melrose parcel on Albertson Lane. All of this ob~iously violates the Plan's basic concept of hamlet self-sufficiency. This outrageous concentration of uses is justified by the specious, sophistic claim of the availability of water. Tell that to the Village of Greenport where the water supply is ~arginal in quantity and barely potable in quality. If the .lvailability of ,;ater is to be the touchstone for such intensity of use, it is obvious that such uses should be in the we~cerly areas of the town where recent studies ',-+, II-29 I I ( I I I I ~ I I I I ( I I: : o I~ I~ . o . I; I" I I' I 2 3 4 5 6 I 7 I I 8 9 I, 10 II il 11 II , " 12 I' 13 14 ,i 15 16 II I, !' I, 17 I " I' 18 I; " !I 19 Ii II 20 i 21. 22 23 24 25 30 i indicate that water is available in greater quantities. I have prepared a map which I will submi to the Board. It demonstrates clearly how far the proposed }faster Plan for the Arshamomaque- Greenport area deviates from the original plan prepared by the impartial, professional planners, RPPH. "here RPPW planned 101. and medium densit residential use and open space, the Board has substituted industrial and commercial use. Hhat RPPH had designated as medium density resid~ntial areas have been transformed by the Board to hm~let density. This in areas having none of the requisite characteristics of a hamlet. rhe Board, despite its pious protesta- tions that strip zoning was anathema, has proceeded to strip zone virtually the entire frontage .:do;;g l!ain Road and Budd's Pond to the Village cf Cr~enport. Unbelievably, the GEIS remains sil~nt on this outrcgeous portion of the Board's plan anti its cumulative effects on traffic, pollutio II- 30 I I { I I I I~ I I I Ie I I. I ~ . . I ~ , I, I I I I' I 1 2 3 4 5 6 7 I 8 9 \ 10 I " II 11 I; 'I II 12 'I I, iI II 13 !j! :1 14 ii II 15 i! i ~ 16 II " 17 1\ II Ii 18 1\ I: I: 19 i: " 20 !! ,I I: 21 r II 22 II I, 23 il II II 24 II 25 II II I, I II 1\ ~ ; 31 future demand for utilities and services, and the general quality of life for residents of the area. The time available does not permit me to discuss, in this forum, all the myriad other faults of the GElS. I would, however, like ~ to close on another point. It appears that there are those on the Board who advocate passing the proposed plan, admitted faults and all, with the intention of correcting it later. This would mean that the Board would be in the untenable position of having approved of a plan that each member has disapproved of, in whole or in part. Their quoted comments range from "illegal as hell" through ",'lOrthless" to "it has good parts and bad parts", I submit that the Board simply cannot approve a plan that it acknowledges has bad parts. This would constitute not only a "cop out" but would compromise any claim the Board has to ~oral principles. Passage would create ~~;.urmountable practical difficulties. Passage would result in vested rights which could only be revoked by means of expensive II-31 I I( 2 I 3 I 4 5 I 6 I~ 7 k 8 I I 9 I I. 10 !i I I' Ii !, 11 I' , I Ii , , 12 " i' Ie 13 'I I :i II 14 I' " ,I I , " 15 I; 'I 16 II " Ii : 17 Ii , I; I' , 18 " !! " I; 19 Ii I, . I; 20 i' j! II 21 II 0 I' . I' 22 I' 23 :1 I II I: 24 II " I 'I 25 I, II II I - .~--~-- II 32 litigation which will occupy the Board's attention for the foreseeable future. The Board also cannot just pick and choose portions of the plan for adoption. This would be tantamount to granting a series of individual rezonings ,~ith the concomitant requirements of notice, hearings, impact studies, et cetera. In short, I submit you cannot approve this misbegotten plan ~ithout inviting pro- tracted and ultimately successful legal challenge. Th~U_'lk you. !.s. rl,FE: Natalie Rafe, Fishers Island, Ne;l York. I believe you received a letter this morning. I was asked to read it. I ~oulj like to read it to this group, and this is to the Southold T~'n Board, To"T. Hall, Hain Road, Southold, New York. After a detailed reading of the above- n~med dOCUDcnt, the Fishers Island Conservancy ref,retf~J;y ~nd firmly feels the Environmental Impact Statement, the GElS, and the Haster Plan update are not coupled by effective language or II-32 I I 2 I( 3 I 4 5 I 6 I~ 7 8 I 9 I 10 I !i II 11 Ii I :1 12 I: :1 I 13 I' { II , 14 Ii 'I I I, 15 : I 16 il : , . 17 Ii . I' I I' !i 18 " II 0 !t I 19 i: ; I; , , 20 ,I I . , e Ii 21 ,I : I ~ ,I I 22 I' 23 il I 24 il II I ( - 25 II " Ii I II II 33 even strong emphasis on the conditions to consider the amendments of the Southold ordi- nance. We also feel the zonings being imp le- mented do not consider or contain sufficient environment protection to Fishers Island and l we are also of the opionion that the entire To~~ of Southold needs greater protection of its gener~l resources if it is going to receive, if these zoning ordinances are amended -- are adopted. Rather than p~ss such legislation, at this tine, ~~e reco=end the above-named package cont~ining the GElS, the Master Plan update and the zoning law amendments, be given further study and the anendnents undergo strengthening. Certainly more of };- I, certainly more language reflective of the intent to conserve rather than simply enumerate. Environl!lental resourcas should be ~dded to all levels of the GElS and the ne", zoning ancndr..ents \vi th particular emphasis placed on agricultural-residence hamlet density and marine business zoning. Despite reassurance in the GElS, the II-33 -)' I I ( I I I I . I I I I \- I I . : , I . I I; I' I , I ',- I 2 3 4 5 I 6 Ii II 7 i' 8 9 '! 10 I' I' 11 :i " 12 13 I 14 15 16 II 17 18 19 20 21 22 23 24 25 34 , proposed zoning law amendments do not emphasize preservation of environmental resources. H-II. under the Master Plan update heading Hamlet Studies, there is quite possibly a need to include Fishers Island along with Plum Island and Little Gull Island as separate island areas with unique geological and environ- mental features that are distinguished from other areas and hamlets of the Town of Southold. We also feel that changes in the proposed zoning luw are needed to include more environ- ~ental prot~ction for open space and other ecologically sensitive areas. The ne\~ zoning regulations should at least give effect to the same environmental emphasis and safeguards that th~ Haster Plan update outlines. A helpful suggestion here would be to enact a local policy that all environmental questions stemming from these local zoning ordinances b:! fi::st reviewed, ::pproved by means of a hearing, if nec3ssary, by the Southold Town Board of Trustees before being passed on to the Planning Board or heard by the Board of II-34 I I 1 I( 2 3 I 4 5 I 6 I~ 7 I, II 8 I I I 9 I , I I " 10 :1 II r ,I 11 Ii I 'I " 12 ,: " I Ie 13 14 I 15 I' I 16 Ii ~ i : 17 , I 0 " :1 . 18 , I; . I 19 I , . 'I . I 0 20 I I . i: : 21 I' : ,I . I , 22 ;1 I I: I 23 :1 II 24 .' " ( II I , " 25 II " , I I Ii II II 35 Zoning Appeals. To avoid bureaucratic foul up not every case should be through a hearing of this nature, but those deemed environmentally sensitive by the Town ordinances or by trustee action should. It might be a good idea to add an environ l mentally sensitive dimension to the zoning code designation, specifically low density resident hamlets or marine business zones. This would alert bidders and homeowners that great care must be taken lvith any plans that might adverse- 1y effect the environment, Our conservancy is thus very concerned over the lack of environmental teeth in the zoning law part of the GElS package. We can't give our approval to it at the present time, as much as we recognize it a necessity and benefit of ~any Master Plan goals, as well as the work of many other changes proposed. Further study leading to a decision of the envirom~ental safeguards outlined above is, <ind, in ;)1;1r opinion, very badly needed at this moment. An essential tightening of the zoning regulations of any environmentally sensitive II-35 36 \ I I ! ! areas of the Town will bolster and argue the Town's intentions of the Master Plan outline and for the conservancy board. Signed by John Thurger (phonetic), President. If you read this into the record at any t relevant future hearing, that would be fine. That letter was sent out yesterday. We had contact with Charles Ferguson, speaker for the museum on Fishers Island, New York. This museum is very concerned about the habitat, ,wildlife, and so forth. 7here ,vas very little on Fi3he=s lslanci in th~t p~rticular area, and this brought to nind the thought that it would be possible for us to, in the future, write our o~~ environnental impact statement and submit it ~ith the help of the Town Board, of course, as part of one of the articles in the GElS or the zoning regulations. I an a little confused, having tried to get through that 150 pa:;es in ~bout t,i"O or three da::~~, just "hich comes first and so forth, 'I i HO'.'lever, "e think it would be particularly helpful to all the officials who come over to II-36 I I ( I I I I~ I I I I f .... I I . , I ~ I I e o o I : I ( I I 2 3 4 5 6 7 8 9 10 II 11 \1 12 11 I l 13 II Ii 14 .1 i 15 :1 I: 16 II 'I 17 !I :l '1 18 . o 20 19 21 ,i " i! 22 ii d 23 II 24 Ii II 25 il II I 37 the Island and have inspected it to know minimally all there is to know about the habitat, sale conditions, which by the way are lacking in the Town mapping here in the office, and perhaps it should have more on the habitat and so forth. We also feel that i a lot of these areas, referring to the spot zoning on the Island, make us very nervous about hON we are going to protect the Island in the future and, as we all still have not had proof on, the Hetland designated areas en the Island and there are at least 80 or 90. We were \.]ondering whe ther \"e come under the DEe classific~ticn or the Town classification or both, but we would like to work with you. That is about all I can say. Thank you. HR. ;.nJRPHY, Thank vou, Hrs. Rafe. Anyone e 1st! :Ln the middle "ho would like to address the Board? Anyone over on my right? HR. E:nLITl,; We have two more hours to sit here. If you would just raise your hand, if_:myone decides they would like to address the Town Board on this Generic Environ- mental Impact Statement. II-37 1 1 I( 1 1 1 ! 1 1 1 1 ( 1 I: I; " o I: o 1 ~ 1 1 1 1 , 2 3 4 5 6 7 8 9 10 l' 12 13 14 15 II 16 II it 17 i: 18 19 20 21 22 23 24 25 38 k MR. RAFE: I have another question for you, because you have done so much on this plan and our feeling, of course, is that it is confusing and opens up a lot of cans of worms, so to speak. It is possible to tighten it up and accept it, but accepting it with reservations and improving the areas '-lhich we have spoken about or firming up certain areas. I u!1d3rstand from Hr. Kelley, he also feels the GELS ,.,2S helpful but n:Jt specific enough. Is that something l:hat you can answer now or care to comment on? HR. ::URPHY: Maybe D2ve could better address it. ;-!R. B!ILITA: Mrs. Rafe, at this time are you speaLing of zoning or GElS ",hen you say nnccept>2c but then tighten up"? MRS. RAFE: From my vi e'-'7 oint , personally, I have a h~rd ti~e separating the two living in an area ;..'hich i~ ver:, al-;are of enviro=ental problem~-, l~ck of water, a different geological,! hydrological aystem than you have here. So muchl of our ialand, I think, Judge Edwards, would II-38 I I' I( I I t I I I I( I I: I: I~ : I; o o I: I I/~ I 39 bear this out. It involves first with environ- mental, then with zoning. So how do we work together? I'm not quite sure. I think you have to keep referring from one to the other and the hamlet definition, which I am sure was added and should be very helpful to us are too k dense the way they are explained. It s~ems they are a polka-dot arrange- ~ent of zonings for the island so that they will seem -- we all would be better off before this new plan came up than we will be new. MR. EHILITA: Let me see if I can help you or clarify an anSl.Jer. T"is is a draft GIES. All your co=ents will be reviewed and responded to by the Board and a final determination made in the GElS itself. Nou l~e do have the local law, which has yet to be heard itself and may still well be amended before it is heard. N~~ it would be appropriate for the GElS to make certain findings with regards to the impact in the GElS and with regards to your comments, to make. certain findings and determine that amendments maybe noted to the local law to further refine II-39 I I( I I I I ~ I I I I ( I I. . " . I. . I ~ o I ~ ~ I ~ I I I 2 3 4 5 6 I 7 i 8 II I 9 I Ii 10 II Ii Ii 11 !! " 11 li 12 " :i 13 14 , 15 16 17 " 18 19 20 21 22 23 24 25 Ii ;, II 40 k and mitigate certain measures that are spoken" about already. It is possible to further modify what you see before you before it is heard and before it is adopted. MRS. RAFE: Thank you very much. There is a lot to this and we would be glad to help in any way we can. HR. HURPHY: Thank you. You have been most helpful. Anyone else that would like to address the Town Board? HR. RUSTUO: Joseph r~ustuo, I only heard about this by reading it in today's paper. I just read ~bout this in today's paper. Of course, I came right over here. Unfortunately I was unable to get here by two o'clock. I understand there is a oeeting this evening. too. My concern is I haven't seen the documents to study this. Is there any ;,~y I could get a copy of it? l!R. :ruRPHY: It is available in the library to read, all the public libraries.' MR. RUSTUO: The thing that concerns me, I don't know that much about it. I want to II-40 I I I ( I I I ~ I I I I( I I . I ~ . I ~ . o I ; ~ , I I Ie I 1 2 3 4 5 6 7 8 9 I 10 II 11 !I !: 12 ii I 13 14 15 16 17 18 19 20 21 22 23 , 24 25 41 take an interest. The statement that the gentleman who did the study, said he would want to have the population doubled within a certain period of time. That and there are, of course, safeguards to that. That is the I thing that concerns me. In other words, it isn't five years, ten years, what safeguards are going to be used to hold it at a certain level and is that really a good figure? I don't know that much about it. I would like to find out more about it. I have to look in the library. It is available there. HR. HURPHY: Yes. MR. RUSTUO: Can I take a copy out or do I have to read it in the library? MR. HUF1'HY: I am not sure if they have copies to take. }ffi. RUS7ilO: Tnis is a thing that I am sure concerns everybody here. In order for us to express our opinion in a legitimate and proper v;-: J, we have to find out more. MR. MURPHY: Anyone else that would like to address the Town Board? II-41 I I I ( I I I ~ I I I I ~ I I: I I, , , I : , I' I I I 2 3 4 5 6 7 8 9 I 10 II 11 I: II " 12 :! 'I I, 'I 13 , I iI 14 !: I' I' 15 : , i: 16 '1 I, ii 17 II ,I 'I 18 II Ii H o o 19 :1 I' !! 20 21 22 23 II 24 i: II 25 I' 'I II I: Ii II 42 Jean, identify yourself. . MS. TIEDKE: Jean Tiedke, 1035 Hobart Road, Southold. The zoning map accompanying the GElS is not particularly helpful. There is no ~ indication of land contours, no bluff lines, and by design no existing parks and public open spaces are identified. Lot lines appear to end at normal high tide along all coastal areas. A scale stated in feet, in acres per square inch, a~d in miles would be very helpful. Likewise, no salt or freshwater wetlands and marshes are incentified, and no natural drainage areas are show~. In 1982, a member of the RPPH Co:n:nittee located 93 fresh-water areas large enough to be counted, not counting our off-shore isl~nds. How many are still in existence? TI1e IOO-year storm line for coastal flood plains si,o\::!.d be clearly delineated at the curr,-..;t 3 or 8'-, foot level. It may be, however, that no construction should be allowed, at least for residences, at that upper flood II-42 I I" ( I I I I~ I I I Ie I 1= I: o I; . o I~ . I: I ( 1'- I 2 3 4 5 6 7 8 II 9 'I , 10 11 12 13 14 15 16 i: I; 17 18 19 20 21 . 22 23 \. 24 Ii I' , " 25 Ii " " Ii II 43 plain level. Several feet above that level might save both lives and property. Flood insurance maps are based on 100, 50 and 25-year floods. Now there seems to be increasing evidence that our world environment is warming . up. If so, glaciers and snow pack will melt and sea levels will rise. Perhaps those agricultural areas that are surrounded by dikes should keep those dikes even after they grow houses instead of crops. My overall impression of the map is that it might make a fascinating jig saw puzzle, useful but difficult to follow due to the numerous zone designations, interwoven through- out the plan. In considering the reasons for zoning categories, the overall population density for a given area is a central issue. This does not mean that every zoning category must be developed with eqaal-sized lots. To provide a more unique and interesting housing area, it i should be a mixed bag, as most older residential areas are. j Consider R-80. There might be 40 two-ace II-43 I I { 2 3 I 4 5 I 6 I 7 e I 9 I I 10 I Ii 11 , I i: ,I 'I 12 Ii Ir 13 II " " 14 :, I 15 I 16 , 11 : I " I~ 17 II 18 . :! [ 19 , , I~ 20 . : 21. I , , 22 'I " " I 23 ! , ,. I' .! 24 i: " I \ I, , 25 II 11 i I II II II II 44 lots on 100 acres. The overall density could. be easily maintained while allowing half-acre, one acre, three acre lots, or other variations of size. This would provide for a diverse range of lifestyles, family size, special interests and individuality in housing design. It would I also make it easier to preserve special features such as old trees, remains of orchards, steep slopes, wOOdlands and so on. It appears that cluster development has not been seriously considered. It is time to allow our citizens and our planners to be more imaginative, while adhering to the purposes of zoning. Advantases are numerous: shorter roads, shorter public water supply and public sewer system piping - if we ever get it - a community ~mter/sewage system might be feasible;: preserves more open space for groundwater recharge; preserved woodlands can moderate storms and winds, help reduce summer tempera- tures and shelters birds and wildlife. A wide variety of housing styles could be accommodated'l Miscellaneous Comments: I A-C: This Agriculture-Conservation II-44 I I I( 2 3 I 4 5 I 6 I~ 7 8 I 9 I 10 11 I 12 I{ 13 14 I 15 I 16 : : 17 I 0 18 0 0 0 I - 19 . . 0 20 I . : 21 0 , I . . 22 23 I 24 I ( , ~. 25 ~~ ' 1-- ---..- --.- --- - -- II I, Ii 'I II I, I Ii i, !I Ii 'I II :' ii ii I' i! :, I, Ii II il II il j: II I' II i--- 45 district is a farce at two acres, since vir- tually all the large open spaces are A-C and are available for two-acre lots. tfuere is the conservation which the title implies? If even one quarter of the A-C area is actually ~ developed, what would our population figure be? Where would the necessary groundwater come from? I suggest a long hard look at this category. RR: Resort-Residential is a curious combination, also. How is it determined . whether an RR area is so similar to R-80 that a reso::t is alloued, or who defines the consis- tency between RR and R-80? I suggest that a better description of RR be provided. HD: Hamlet Density is a very useful I tool! I if properly applied to the housing problem, and unless there are severe water problems, a rezoning of R-80 near the hamlets to HD or R-40 is desirable. For example, the R-80 designation north of the railroad tracks, south of Route'-~S and bet\veen Boisseau Avenue and Tucker's Lane in Southold is now R-80. Why so? The area, so close to the hamlet of Southold II-45 I I I( I I I! I I I I ( \. I I 11 . I. . . I : I I I '--- I 2 3 4 5 6 7 8 9 10 I: II 11 II I, " 12 I' II 13 I: 14 15 ,1 : 16 II I, 17 j: !i :! 16 19 20 21 ii !I 22 ii :i j' 23 II 'I 24 Ii I! 25 :1 II II II ~'.) ~ ._- -~- ------_.-- ..--- ---.-.-.---' 46 and its schools, churches, stores and the " center of town government, is ideal for a few multiple residences, small homes and two-family houses. Nany senior citizens, young couples or singles would find the location ideal, as ~ would some who are looking for moderate cost homes. Most lO~ler cost housing should be on scattered sites to avoid any question of segregation by income, race, religion or national origin. T.~e GIES states on Page 61 that growth inducing impacts "appear to be limited to hamlet [,ettings." If I interpret this statement correctly, I could not agree. The visual inducements of living along or near the shore- line or in wooded areas have resulted in excessive shoreline development far beyond the hamlet borders, and the ~oodlands are coning alive with nelV houses. Alreadv much of the waterfront in unavailable to the public. Section G on Page 52 of th",GEIS unfortunately confirms that "due to decisions already made under existing zoning, the existing and future quality of life II-46 I I' e I I I r I I I 1.( I I: : o I; o I~ ~ I~ o . I' I ( I " I 2 3 4 5 6 7 8 9 10 II I: 11 " :1 'I 12 I, 1; II 13 ;1 " 14 15 16 I' 11 " 17 ji II i! 18 19 'I 20 II ii 21 II ,I II 22 23 1\ i: 24 \i I 25 I I II I I . __ -_ I I 47 has already changed," It does not appear that things will be very different in the future unless we pay strict attention to all the decisions which our To\vn Boards are empowered to make. I am not sure that this new Master Plan ~ is going to improve things very much. So as to adopting a plan, I haven't made up my mind, Have any of you? It is a tricky thing but you are going to have to vote your conscience, not your political interests. ,1R. llURPHY: Thank you. Anyone else who would like to address the Tmm Board? MR. COP~EE: I have a question. There was something in today's paper in regards to stopping or more or less the infla- tion of people having doubled, the population that we have now. I don't knO'.... what bas is you use to come to that conclusion, but I do have a question. In twenty years, since 1968, when the residence population was 17,000 and it is now 22,000, how do you expect it to double in II-47 I I ( 2 I 3 I 4 5 I 6 I ~ 7 8 I 9 I 10 I 'I I, II 11 Ii , I :i 12 ,I I' ,I " I 13 I \. 14 I 15 I, " I 16 !I I' . I : 17 I 0 18 . I 19 < < e 20 I . 0 21. " I . 22 I, i, " , 23 ;1 I 24 Ii II I II 25 ,i il ;, ,I I I i I - ---- _. ."-.-.-.. - -----. -_ __h_ 48 "X" amount of years based on your theory that . you are trying to bring forth to us, that we are overdeveloped or what -- I don't know? MR. }IDRPHY: This is a public hearing and open for your comments, but I would address s it just quickly, and hopefully it will give a decent answer. The man who did the tlaster Plan used the available acreage that if everything was built on that, it would double your population at that period of time. That is presuming that everybody is going to subdivide their property. ::R. COR.."1EE: Assuming you are permitting them in the development of the properly out here; is that right? HR. }IDRPHY: Everybody has a right to do 1<'ith the property what they wish. It is their m,n prop~rty. and this putting two-acre designation and limiting the number of eventual houses -- you could have at one hundred percent developl':ent. HR. COPJ~EE: I see. Thank you. MR. }IDRPHY: Anyone else? Okay. I thil~ we shall take a five minute break II-48 , I i r I I I 1 I( 2 3 I 4 5 I 6 I ~ 7 8 I 9 I 10 '1 I 12 I 13 f \. 14 I 15 I I " 16 Ii " 0 Ii . 'I : 17 " :1 I 0 , 'I " ~ 18 , " 0 " I . 19 . I ~ 20 . , 0 21. .' I . . 22 :i !I II I 23 I! '[ I, 24 I f II 25 I' il I I i I II 49 a fifteen minute break, come back here and start here. Anyone else, again? (Whereupon, a brief recess was taken and the hearing later resumed.) ~ MR. MURPHY: I would like to reopen the public hearing and, at this time, ask if anyone in the audience would like to address the Town Board? Please state your name. MS. }1ARRINER: Jeanne Marriner, Matti- tuck. I am speaking as a person who has been deeply involved with reviewing the Master Plan updates, zoning amendments and maps since 1985, and who, as president of the League of Homen Voters, first called for a full environ- mental review of the Plan and zoning in the fall of 1986. With this.background, I should like to co~ent on the Draft Generic Environmental Impact Statement. First of all, the DGEIS is not a full gen~ric environmental review as described in II-49 I I ( I I I I I I I( I I, I~ o I; . . I~ o I~ I I ~- 1 50 4 the NY State Environmental Quality Review Act. It does not allow the Town to see the costs and effects of the proposed zoning (and the growth resulting from the zoning) on traffic, groundwater and coastal water quality, the wetlands and other natural resources, the Town k infrastructure and the Town's economy which is based on maintaining the current environment. The DGEIS does not adequately address these impacts, nor offer, in accordance with SEQRA, viable alternatives and mitigating measures. 2 3 5 I " 6 l' 1 Ii 7 I !I 8 I 9 " 'I I' I 10 " Ii Ii " 11 12 13 14 15 16 j! , i! 17 , , 18 19 20 21. 22 i' 23 24 25 ii " 'I I, II Because there were many discrepancies and intangibles in the I.laster Plan and zoning docUl!lents thet need to be fully revie,,:ed in terms of inpact, it is most distressing that the DGEIS does not cover the full overall inpacts. For example, the DGEIS does not point out that the H<lster Plan is based on a year- round population of 40,000, doubled to 80,000 in the :.;u::];ner and review the zoning in that context. Furthermore, the DGEIS does not point out that the proposed zoning will encourage a p~pulation far in excess of the RPPW numbers. II-50 I I I I I I I I I I I I I I I I I I I ( 2 3 4 5 6 ! 7 8 9 10 .( I 11 il II I- 12 II ,- - 13 II " !I 14 ii II " . . o 15 ! " 16 Ii 17 Ii I 18 -I II !; 19 I' Ii II 20 II Ii 21 I: I! ;. 22 Ii Ii " 23 II . . ~ o o : 24 I , ~ 25 51 It also does not address the concerns of the people of Southold Town as voiced at previous public meetings and hearings. For example: 1. Main Road congestion and traffic ~ safety; 2. Impacts on taxes of increased cost of police protection and road maintenance; 3. Marine zone impacts. None of these are adequately addressed in the DGEIS. At the 1986 hamlet meetings on the zoni~g. it was pointed out that the zoning has tremendous potential for ab~se particularly in the hamlet areas which could end up looking like western Suffolk sprawl. This was not addressed. At the Master Plan hearings in February, 1987. the League and 1~EC 'and many other citizens questioned the impacts of the marine zoning and Peconic es- tuary system and the costs and impacts of public water and sewers. Legal counsel for CANDO ques tiot!'~{: the economic effects of the changes in terms of taxes and asked what provisions were made for affordable housing, particularly II-51 I I I( 2 3 I 4 5 I 6 " " il 1- 7 Ii ~ Ii 8 I , 9 II Ii I 10 II II 11 II I I! " 12 :' I I 13 r " 14 I 15 I: 16 , 17 I: 18 I: 19 , 0 20 I~ 21 0 1< 22 23 I 24 I 25 ~'- j" I 52 rental apartments. Many people called for greater protection of the fragile areas abutting the coastal waters (areas which involve more than 50 percent of the Town). None of these concerns have been ade- quately addressed by the DGEIS. Nor does it s address the Town's overall ability to support the growth that the zoning will allow -- a most serious concern. It appears that the DGEIS glosses over the many i~perfections of the Master Plan and , proposed 2oning. It is certainly not a generic environnen~al review of the effects on the Tow~ and the To~n's residents. It seems that the DGEIS is designed solely to push through a zoning plan that does not advance the Town's goals -- a plan for developers, not for controlling the density of the Tow~ and protecting the welfare of its people. I urge the To_m Board to call time out invoke a-~oratorium on development until we can I I get the proper experts to draw up zoning that advances the goals of the Master Plan, based II-52 I I- 1(' I I I~ I I I Ie I I ~ I : . I ; . . ~ I ; o , . I' I I (- I 1 53 2 4 on the accumulation of scientific data already available. The Town of Southold, and we the people of the Town, should have the opportunity 3 5 to control our destiny. 6 Thank you. 7 8 t HR. MURPHY: Thank you, Jean. Is there anyone else who would like to address the Town Board? 9 I 10 '[ ! Hearing none, we will recess and come , 11 :1 II 12 ii , i: 13 Ii i' back at four o'clock. (\Thereupon, a brief recess was taken 14 . and the ~earing later resUQed.) ;'IR. J.!VRPHY: It is now a little after 15 16 il ii 17 ,[ ii 18 four o'clock. We reopen the public hearing, and again I would ask is there anyone in the audience ~ho would like to address the Town , " I Board? 19 \.7ould you give your name? HR. BEAR: Franklin Bear, speaking for 20 2\ l:1yself and not for any committee or organiza- ,. 'I 22 tion. , 23 'I ii 24 II II 25 II I, 'I Ii I II I am speaking specifically about a.part of the Draft Environmental Impact Statement on the proposed Southold Town Master Plan, which ',~. II-53 I I t I I - I I I ~ I I : I i . I~ e Ii I Ie I 1 2 3 4 5 6 7 8 \ 9 'I I 10 i\ II 11 II ,I I I 12 ~: ;' ii 13 II I' I 14 I, i' I 15 H " ,I 16 Ii , 17 :! II I I, 18 !I r '9 20 21. 22 23 ., 24 iI I. I: 25 :1 \1 II II 54 is entitled General Groundwater Mitigation Measures (Page 58). Groundwater is the most crucial issue of all the planning for Southold's future health and welfare. The battle was lost in Queens years ago, and it could be lost in Nassa k County if county officials, water suppliers and others don't respond with less reticence than is apparent now. But Southold's water conditions and problems are unique in view of the fact that ,our only source of drinking water is the Upper Glacial, except for a tiny part of the Hagothy this side of the Riverhead Tovm line. Our only comparatively deep groundwater supply is in the designated Core Hatershed Protection Area which lies alon~ the North Fork spine, mostly bet'\?een Hattituck and Ackerly Pond Lane on the west side of the hamlet of Southold. Matters of inrnediate concern are shoreline areas, IT.any of ,\,'hich are o'!<?rdeveloped and subject to salt water intru~ion, all of Southold TO\?n east of the core area, and isolated areas such as Nas~au Point and Great Hog Neck. r I II-54 1 1 1 IJ 2 3 1 4 5 1 6 1 ! 7 8 1 9 1 10 11 I 1 II 12 'I I, 1 13 i' ( " II 14 II 1 " " 15 " Ii I' 1 1 16 I : II : 17 1 . 18 . I . " . " I, 1 " 19 i ~ I, . " e 20 I . 'I 1 I ~ e II ~ 21 II ~ i 1 . !j 22 " 'i I 23 iI " 1 , , 24 il II , II 1 " II 25 'I II ..... I 1 I 55 That is why the GElS portion on Ground- water Mitigation Measures states: "A general mitigation measure applicable Town-wide relates to groundwater protection in the planning and management of land use activities to insure quality recharge. It ~ involves the development of a special overlay district encompassing deep recharge and water budget a~eas. Overlay district provisions should preclude intensive uses except where such uses can meet performance standards designed to ninimize groundwater, surface water and other environnental impacts." The next page and a half lists at least half a dozen suggestions depending on how you count them, for inclusion in the Southold Town Haster Plan. This Tmm Board has the urgent responsibility to act now, not later, to include such provision in the revised Town Code, and to eliminate from the plan now before you such provisions as those which would expand c~~~ercial and industrial uses beyond spots where there happen to be non-conforming uses now. Please remove such conditions which II-55 I I I ( I I I ~ I I I I ( - I I : I ~ I I , I' I I - I 2 3 4 5 6 7 8 I 9 Ii if 10 Ii 11 :i " i; 12 ,I I' , j: 13 I' 14 15 ,I 16 'I I' I' i 17 " 18 19 20 i' 21 !; 22 23 24 " , 25 i! Ii I! II ~) , 56 will endanger the water we drink, as well as the Town's disappearing rural character. Thank you. HR. MURPHY: Thank you, Frank. Hould anyone else in the audience like to address the Town Board? Hearing none, we k shall take another recess. (Hhereupen, a brief recess was taken and the hearing later resumed.) HR. }fij'RPHY: I would like to reopen the public hearing and again ask anyone in the audience that would li~e to address the Town Board. ;':ould anyone like to say anything? If not, it is net five o'clock. We will recess this public hearing and reopen it at seven o'clock. (Hhereupon, a brief recess was taken at five p.m. end the hearing later opened at seven p.m.) MR. lll:F.PHY: It is seven o'clock. I ".;ould like to r20pcm the public hearing. ;\e did the ,0jfici.al reading this afternoon of the notice. It was officially done properly. It was in the paper and Judith Terry posted it, II-56 _.-_0.'- _._ I 1 I- 2 ( I' 3 4 I 5 I 6 I~ 7 8 I 9 10 I 11 I 12 " " " " IC 13 Ii ;1 14 iI " I, I I' 15 , " " i: I' I = 16 Ii , " . 17 Ii . ~ I ~ I 18 1, II . " I ~ 19 Ii 0 20 . I e : 21 0 . . I 22 23 I 24 ( I '- 25 I 57 and just to save time, rather than read it again, I would like read David Emilita's comments on the Draft Environmental Impact Statement so that everybody here hears the same thing and, for clarification, I would like to remind everybody this is a public k hearing to receive input. We are not here to debate good or bad points of the document. We are here just to listen to comments on it. I ':.;ould like to read David's co=ents. (\1hereupon, Hr. Emilita's comments were re read into the record as previc~sly at the commencement of this hearing.) Now we go back to us and why we are here. ~':e are here to take comments on the Draft GElS. At this time I would like to open it up and ask anyone on my left if they had any comrnents? I would ask you identify yourself by name, use the mike so the Stenographer can keep a reco~d of this. Anyone on the left? Anyone in the middle? Anyone on the right? MS. HUSSlE: Alice Hussie, President of II-57 I I I I I I ~ I I I I ( I I : I 0 I : o . I ~ o . . I I I ~ I ( 2 3 4 5 6 7 8 I I 9 II I, I 10 I! II Ii 1 1 ~ I il I, 12 13 14 15 : o 16 II I' , 17 ': I. 18 19 i 20 Ii i 21 i I: 22 " 'i ., 23 :1 I' 24 ,I I , 25 ii I. ,I I) - --.----------.- - 58 . the League of Women Voters of Riverhead/South~l The League feels that the Generic Environmental Impact Statement is inadequate in scope, resolve, and language. The six specific items, and their comments, are in- k complete in dealing with the overall problems and they are flawed. For example, although the plan calls for prevention of industrial use of property on Mattituck Inlet and Sage Boulevard by replacing existing zoning with Marine II rezoning, the text does not address the area at the foot of Vi llage Lane, O=ient, "hich has been proposed at ~kri!le II area, replacing the present "Light Business" zoning. The latter I is a major impact on the environment. Presently/, Light Business includes the usual offices, storeb ! et cetera and in the present cede f9: "Marinas for docking, mooring, and acco~odation of non-comnercial boats, inclu- ding the sale of fuel unci oil for these boats." M-II ~oning adds to the list: Docks for charter boats, clubs, boatyard for building, storing, repairing, renting, sale, , j II-58 I I. 1 2 I( 3 I 4 5 I 6 I~ 7 8 I 9 , I 10 II I 11 I 12 il Ie 13 I, ,j il 14 I II , 15 Ii , I, 'I I: 16 II . 17 II . 0 I; 18 II :! . I! I; 19 'I I, . " 01 I; 20 'I Ii 21 ,] 0 'J " I . ,I I' 22 , Ii 23 Ii I 24 I ! I, I "- 25 , Ii - " " I II II ---- --- -- 59 of equipment, restroons and laundry facilities.' By Special Exception: "Restaurants, hotels, motels, and fish processing plants" would be permitted. It is this kind of change, i.e., that is good for one area but terrible for another, k that points up one of the glaring faults of the GElS. Another serious flaw is represented on Page 57, concerning the Sage Boulevard zoning which states, "No further mitigation than the rezoning described (Industrial to M-II) is viewed as necessary at this time. A developnent proposal under existing zoning has become domant." Dormancy is a temporary quiescence. Hhat will happen \vhen Sage Boule- vard awakens? As stated before, resolve is lacking. i. e. .. too Much is left to chance. An example is on Page 58, ,,'hich states, "It is also proposed that no single development applica- tion contaiu IT.orc thnn 100 units, et cetera, et ceter~, unless the Planning Board finds another limit to be more appropriate at the application stage." Such a statement postpones II-59 .-----... I 1 I 2 I( 3 4 I 5 I 6 I! 7 8 I 9 I 10 I 11 I I I 12 II -, II I 13 ,- / I: \. - I: 14 I Ii I- 15 -I ,- ii , I 16 I : I , . 17 II . 0 I 'I 18 I, 'I 0 II 0 Ii I - 19 " " ,- . I: . . 20 ii I . " S " 0 21 II , Ii . I 22 I, II 23 il I II 24 'I I II I , - 25 Ii 'I ::~. I I I 60 . decision and responsibility and falls far short of being a plan. The inherent characteristics and capacit of Southold's 69 square miles of natural re- sources requires the nost careful consideration Land and w~ter are finite. They are not re- l placeable commodities. The responsibility for stewardship of our town lies with the Town Boar The Board must make sure that no flaws and no ambiguity are present in the Naster Plan. The League of Homen Voters Riverhead/ Southold recornE.ends no action on this Generic Environ8ental Iup~ct Statement. 1m. }lVRPIIY: Th;::nk you. Hould you like to present the written statement also? Is there anyone else in the audience who would like to address the To~~ Board on this proposed or on the submitted GElS plan? We are going to be here until nine o'clock. If you have anything to say, say it now. MR. HIl;STO: David Hins to; I \-IOU Id like to know ;-; the residential taxpayers or proper- ty owners will be furnished with a draft of this Master Plan and how it can be obtained? II-60 ---.---- ---.----- ---- I I- I( I I . I I I 2 3 4 5 6 I 7 I 8 9 10 I, 1, 11 11 I: I[ 12 :1 I, 13 II Ie 14 I I: : I: . I; . ; I ~ ; . , I I ( I I 15 I i 16 !I I' I 17 II , q 18 !i I 19 20 21 " Ii 22 II 23 i: !I 24 II \1 25 II q I I , 61 MR. MURPHY: The paper or the booklet we are discussing tonight is on file is also in the public library in the Town as a public announcement. They are also available to read in the Town Clerk's office. HR. \HNSTO: Thank you. l HR. MURPHY: As will the zoning maps, and also as they are presented today, will all be done the same way this bylaw. Anyone else that would like to address this? }fR. ZHEIG: Michael Zweig, President of Southold/2000, an organization of over 200 members here in Southold dedicated to sound planning principles in mapping the future of Southold Town into the 21st century. I am addressing the DGEIS as it assesses the impacts of the Master Plan and the Zoning Amendments and Map. As we have been advised by legal counsel, a Generic Enviro~ental Impact Statement for a Tmm's lIas ter Plan and Zoning is supposed to point out and measure the adverse impact of the Pla,', and zoning on the Town's environment, i. e. . II-61 I I .~ \ . I I I ~ I I I I I , ~ I I . : . . ~ I l ; , . I ~ . ~ . I ~ ~ .: . , I I ( - I I 1 II II 2 II II 3 :1 I' ,I 4 ;1 5 il , .1 " , ., G q ,I " 7 ,I ;1 9 'I 9 i , " " 10 !i :1 'I 11 !I il 12 :! :1 " 13 i; I i 1\ d 'I 15 :1 :! 15 17 18 19 20 21. 22 23 24 25 ..~ .' . -:..,t~r:~~~~~ff~t~t~~'~~ ~."".., ..."i!'".';!''f,;i\: ~r)~~t~(~{l ,.-, ";'.~'. . i . the ECONOIIY, the QUALITY OF LIFE, " ..... . '., t1nd ti:, :' ~:o . .. RESOURCES neces~llry to Stlstai.ll thf'! f'!lwlr<r.,. It is also supposnd to provid~ mltl~aLLn~ ~ measures and altern:ltives tn nlh'vill!;/! ::1\:,,''.1,.'') inpacts on the environment. TIle PGEIS falls far short of il~ rUlrQ~B because IT FAILS TO POHlT OUT mAT T!l1~ N(JrU:.~I:() ZONING DOES HOT ADVANCr. la~ COAl,:; N' Tim ;:.\~;Tf':[t PLAN \lhich zoning must do if i.t is to '.'1 lcz,'lli': chfensible. (Tht) purpose of til<~ cn'!l.rm'!:I("Il: quality t'cvic;. of zt'n1ng la~,elltkc.llr:J i.c; 1;0 c1eterrnin~ if tho :;C'l\illri \<Ji.U. IwlJ "l' .bl cel!l:t:,) \i1lile the DCErs peiuts O'lt tJ,al: U1C,.'(! Hi,ll be signifir..:1.nt ;!.rowlh, it Ul,i'J nr..t 11't:l.U';~ an environl'lcnta1 revie.~, nor m.ttir..1ti"~ If,;l"nlrc,' or altcrlllltivC!5 for the impacts of this gru;.lh on the current population and on the Tu',m' s infrastructure, According to NY Stale Zoning guidelines, "A Town's rate of gr(..wth should not e::cced the To\it\'s ability to support it," TIle DGEIS does not point <'lit, \lor c'msi.. der the impacts of what tha proposed zonin& ,,:i11 have on the current population or the' TOWI.' s character, and it DOES UOT lmASlI!:E , II-62 I I ( 2 I 3 4 I 5 I 6 ! 7 I 8 I 9 10 I 11 I 12 I 13 ,I " I ( I[ 14 Ii I il 15 Ii " ii I 16 " : II : 17 0 II I II 18 Ii 0 . I ~ 19 'I !! 'i 'I : 20 I ; I I ; 21 I , i . I . I 22 II 23 I I I I 24 I . - 25 I. ~~ I 63 ECONOMIC IUPACTS NOR PROVIDE ALTERNATIVES AS TO HOW THE TOWN CAN CONTROL GROWTH, i. e ., how the Town can control and finance the location, size, and timing of capital improvements such as roads and traffic safety measures; water supply and i sewage disposal; police and fire protection; drainage and flood plain measures; protective measures for coastal and groundwater quality, wetlands, farmland, and open space; municipal and recreational facilities, schools, et cetera. The DGEIS does raise serious concerns about certain environmental impacts such as the fact that "a I:!ajor irreversible impact of the Plan/Zoning will be that at least half of Southold T01,m I s existing farmland will be lost to development. The DGEIS also correctly infers that the two acre A-C zone will be completely inadequate to advance the Master Plan's agricultural preservation goals, and that this zoning will facilitate the doub ling of our farmland I of our PQ~~lation and saturation with residential and commercial development (Summary, Page 11). But the DGEIS does not II-63 64 offer viable alternatives and mitigating measures. It merely points out that under the proposed plan "the quality of life that has been present in Southold for centuries will change immutably." (DGEIS, Page 52) Furthermore, the DGEIS touches only k briefly on the significant environmental impacts of the marine zoning. This was an area of great concern at the February, 1987, Master Plan hearings, and these impacts should have been carefully measured by the DGEIS with regard to the effect on the Peconic Estuary system. And, ~yith regard to one of the Town's most vital coastal zone resources - the wetlands - nowhere are they discussed in the DGEIS description of the "Environmental Setting" for the I.laster Plan, and even more alarming is the fact that the Master Plan itself, in Section 100-215, devotes only five lines to properties located adjacent to creeks. Considering that more than 50 percent of the TO'.m is J-r the cons tal zune, the flaw in the Master Plan should have been specifically addressed by the DGEIS. II-64 I I 1'( I I I ~ I I I I ( I I ! I ~ . . . I ~ : ~ I ; ~ I ~ I Ie I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ' 16 Ii II " 17 'I il 18 Ii 19 Ii , 'I Ii 20 I: !I " 21 :: oli 22 .. II 23 I' , , " 24 'I II 25 I II !I Ii 65 As a whole, the DGEIS does not offer mitigating measures or real alternatives to the serious flaws in the Master Plan and zoning. Indeed the Master Plan has many flaws, but it does have laudable goals and these goals should be endorsed by the Town. The zoning l does not advance the goals, nor does it embody sound planning principles, and therefore, the zoning needs to be re-done in accordance with the goals. It would seem, therefore, that a one yearl moratorium v70uld be the most prudent course of action for the Town to take in order to bring the zoning into compliance with the Master Plan goals. This course of action should be legally defensible and has been taken by many NY State and Long Is land tOlm to properly manage their ,growth in grcwth situations such as Southold TOIm is facing. Southold/2000 suggests that a cousel in zoning law and an ecological planner be engaged by the TClm to take the data compi~ed in the RPPH I-laster Plan study and use it to draw-up a zoning map and amendments that will :> IT-fit; --...- ----.. --_._---_.__._-_.~..'-,. ---_.__..__...--_._~.._-._-_. - ....- - I I ( 2 I 3 I 4 5 I 6 I ! 7 8 I 9 I 10 I 11 II I Ii , 12 'I 'I I r 13 ii "- Ii 14 ,I I il " ,I 15 I 16 1\ : " : 17 I' I 0 I: ~ 18 Ii 0 I " 19 i! . . 0 20 I . e ~ 21- 0 il I . . 22 I -I 24 I I '- 25 I 66 protect the Town's economy and environment and . the health, safety and general welfare of its population now and into the future in accordance with sound planning principles and the goal of the Master Plan. l TI1ank you very much. llR. MURPHY: Thank you, Mike. Is there anyone else in the audience that would like to address the Town Board? As I for any comments. I think we will recess this until nine o'clock I I I said, we are going to be here public he<;tring for 15 t:linutes, and come back at 25 to eight to hear anyone th~t would like to make some conocnts. (Hhereupon, a brief recess was taken and the hearing later resumed.) llR. MURPHY: It is now 25 minutes to eigh I would like to reopen the public hearing on the Draft Generic Environmental Impact State- rnent and, at this time, I would like to ask anyone in the aUGience, going over to t:ly left, if the)' would like to address the Tmm Board on this? Anyone in the middle that would like to II-66 I I 1 I( 2 3 I 4 5 I 6 I~ 7 8 I 9 I 10 11 I 12 I r 13 II I' '\.. Ii 14 ,I I II ,I 15 Ii I 16 II Ii : : 17 ,I I , I 18 II . II . . !I I , I' . 19 I , ~ II . . 20 I I . i: e 'i 21 I : ,I . " I . ., . 22 I I , 11 23 I 24 I ( - 25 ~J 1-- 67 address the Town Board on this Generic Environ- mental Impact Statement? Hearing none, I am going over to my right. Is there anyone that would like to address the Town Board? We are going to be here until nine o'clock to take comments. l So please, this is what we are here for. If you have any comments at all, it is not a question and ansIVer period. It is for the To~~ Board to receive comments. Hearing none, I think we will recess until eight o'clock and we will stay here. . Anyone th~t comes in is welcome to make cOr:T.lentl Thank you. <,.)hereupon, a brief recess was taken and the hearing later resumed.) HR. HURPHY: It is eight o'clock. I would like to reopen the public hearing to receive comments from anyone infue audience ,~ho would like to address the Town Board on the Draft Environmental I~pact Statement. So, again, I,_~;ould like to start on my left. Is theE anyone who would like to address the Town Board hearing? II-67 I I I( 2 3 I 4 5 I 6 I~ 7 I B I I 9 II I 10 II 11 Ii I 12 ,I 'I L I I: 13 , , :1 '- " q 14 II I !I 15 I 16 II . I, : 17 Ii I 0 " 'I 18 I, 0 II . . I II " 19 Ii ;1 . I . 0 20 I! I . " ~ II 21 II ~ " 0 !I I . . 22 il il , " I 23 Ii " 'I II 24 " I 25 Ii !i 'I '0' II I I i I .._.~-- .~_._-----_._.__... --..-..- .-----.--"--- ---. 68 Anyone in the middle? Anyone? Yes, sir. Please use the mike and identify yourself. MR. LO\\1RY: Thomas Lowry, from New Suffolk. I have made something of a study of k DGEIS's in the last few years, and have generally found them to be ill-written and ill-conceived examples of special pleading produced for hungry developers by ill-educated hired guns. The GElS which we are considering today is a startling exception to the general rule. It is a well-"rritten and humane document with lofty ambitions. But when seen through my admittedly myopic New Suffolk-preoccupied eyes, it makes and distorts a zoning map which is filled with egl:'egious errors and lapses in judgment. Take, for exar~le, the two blocks of "do,mtown" ~,e,.; Suffolk between Jakson and King and betu.-"m First and Second Streets. The ne," zoning map designates them as Hamlet Business. This zone allows bus and train stations, II-fiR --------- "---,- I I. I( 2 3 I 4 I 5 I I I 6 I~ 7 I II 8 II I , 9 I I I I 10 11 !I , 11 Ii I " Ij 12 I' I' I' " Ie 13 14 I 15 I. 16 , 'I " I' I: 17 II 18 II . I, . I: 19 " I: , Ii , e 20 I~ II II 21 il . " ., " , !I I: 22 " ii 23 ii 1 'i 24 I, ( ,I I \~ 'I 25 I :1 I 1 69 laundromats, boarding houses, museums, govern- ment offices, banks, drive-in restaurants, and theaters. One hundred and one New Suffolk residents signed a petition and presented it to the Town Board in a timely manner after the map was ~ published. We asked for the area in question to be "unzoned," not to be zoned Hamlet Business, and we were ignored. The two blocks are still Hamlet Business. Now ,7hat I suspect is that the proposed Master Plan is shot through with similar stu- pidities, that many of them (even most of them) lie undetected, festering quietly, ready to come to life someday and strike at the heart of the North Fork. Of course, what is already happening to us without a decent Master Plan is unregu- lated, uncalculated, unhindered growth. Its virus erupts into ugly pustules like big new gas stations and unneeded office and retail complexes. Hhat ,,'e need is an immediate cap on fur~her development no more building permits, II-69 I I I I I I ! I I I I ( I I : . I ; . I. . o I ; : , I' I I '- I ( 2 3 4 5 6 7 8 9 10 I 11 II I' 12 :; I, 13 , 'I il 14 ;1 I ,I II ': 15 16 Ii Ii I' 17 II II " 18 II I: I: 19 " " Ii 20 II II 21 Ii " 22 Ii 23 II 'I 24 i: I 25 I ; I I II ,i II 70 no more fresh starts of new projects for six months or a year, however long it takes for a thorough examination of the zoning map and a redrawn Master Plan. I should think that with every developer whooping and hollering that you would find it 1 worth your while to do your job quickly and efficiently in order that we will soon have a rational plan that we can all live with. Thank you. HR. MURPHY: Thank you, sir. .i i I Is there anyo~e else who would like to speak in the middle section? HR. HIClCHAN: John Hickman, Cutchogue; I am a little bit distressed. I find I have to also speak for my o~~ operation. I am distresse that an area on Peconic Bay between Fleet's Neck and NeH Suffolk is zoned A-C and it has about one hundred feet of Peconic Bay frontage. Also on Bayview there are several areas of just out:;tand:.ngly prime Peconic Bay acreage that is zoned A-C. To me this is a mistake. On the other sid~ of Bayview there is one section that is II-70 --_.._--_._-+.__.-~._._,._-------. .--. I I I( I I I I I I Ie I I I~ I; . Ii o I~ I I{~ I ~, : 1 2 3 4 5 6 7 8 9 10 I 11 I i I' 12 II 13 I: , Ii 11 14 I II ;' 15 ~ I " " l' 16 I I, 17 II " Ii 18 'I I 19 i: I' 1\ " 20 II " 21 I: :1 " 22 II " I' 23 Ii \1 24 " 25 II ~ 71 zoned R-40, undeveloped land, and again the difference between R-40 and A-C is tremendous. I understand that the R-40 designation has some special reasons but so has some of the A-C special reasons. We are providing catchment of about one hundred acre fresh water catch, of about one hundred acres for the Village of New Suffolk, and it should be entitled to some recognition for this. Just where it should be I am not going to say, at this time, but obviously it . seems unfair. There is one other point I would like to make, at this time. Last occasion of adopting a Master Plan, the Master Plan was adopted but at a later date. It was implemented by the Zoning Map. My information is that this Master Plan -and the Zoning Map together and the DGEIS is discussing, in fact, these locations and points that I have been bringing up. So the DGEIS is in fact anticipating that the zoning Vlill be ,~~t as shown on the J:lap. To me this is a mistake, that the Master Plan would be adopted and implemented, and some II-71 I I I I I I ! I I I ( 2 3 4 5 6 7 B 9 10 11 1/ I 12 II II 13 ii ii I ( 14 :1 I ;' 15 i! 16 II I. 17 II Ii 18 i: II 19 Ii I 20 II I 21 I il I 22 II iI 23 Ii 24 II i! 25 Ii I , I I I : : o I ~ I: o . I: ~ . I I I I ~:.r: 72 of it immediately, but as it can be worked out just to give this To~~ Board an opportunity to not only make adjustments in the A-A and the R-40, but also a marine zoning and so forth. In short, I believe that the Master Plan should be adopted and will ultimately, if not , immediately, some of the points in the Zoning Map should be set in concrete but others should be worked out more carefully. Thank you. MR. HURPHY: Thank you, John. Anyone else in the niddle that would like i to speak to the To"~ Board? J..nyone on the right have any cOll1ll1ents on the Generic Inpact Statement? Yes. HR. HASBERGER: (Phonetic spelling). Freddie l~asberger, Vice-President of Orient Association. I have been here since practically the beginning. One of the reas ons ';e speak, or for myself one of the reasons I had trouble thinking about how to get up and address this, ,- / is the problem seemed manifold and enormous. We don't know really whether to address the II-72 I I, If I I I ~ I I I I ( I I : I ~ . I. . : I ; . I' I I ( 1 2 3 4 5 II 6 II 7 8 9 10 I II 11 !I 12 I: II I 13 ,I " Ii 14 :i !! 15 ,i 16 Ii 17 ,I I, I' 18 II ;1 I. 19 r :1 20 11 , II 21j jl 22 'I I, I, ! 23 :1 I' 24 ,I Ii " 25 Ii :1 II I I I 73 Environmental Impact Statement, the Master Plan, and in addressing these, whether we want to say through the whole thing out because if we say that then what will happen? So I think we are presented with kind of a problem that is kind of hard to find pur way through, I would l simply like to echo what Mike Zweig and what Hr. Lo~vry said, sinister implications of things that might be buried in the plan and are very disconcerting. I think most of us have been able to look at it ~nd consider things for our own particular areas. It is almost impossible for any of us to have a scope of the whole town proximity in the individual area. I think we at least expect to see in the Environmental Impact State~ent some kind of address to the impact of some of these problems that we see in the areas. I , I I M . , ar1ne I The idea of marine zoning, marking Zone II at the foot of Village Lane and Orient is a horrendous idea. I am incapable of understanding why anyone would come up with it. I hope to see the Impact Statement address ,-, II-73 I I ( 2 I 3 4 I 5 I 6 II !' I ~ 7 k 8 I 9 10 , I I, ,! 11 Ii I ~ I 12 I, I 13 r " \.. II , 14 " i I 15 " I 16 Ii . !I : 17 II 0 I 18 . II . I 19 I, , I , 0 20 j! " I " e " 21 :: ~ I' I , " " I . 22 I: " I' 23 " " I 24 I 25 , " , !I il " L I --11- ..-..---.-- 74 implications, the direct result that we might y expect for such a zoning in Orient and I would assume that most people feel the same way about particular things that matter to them in their areas. Again, the problem I think we have is how do we stop things going the way they have been without some kind of plan going into effect. If we are going to sit around and wait for the new plan to evolve, I don't like the idea of approving a plan as it is because it gives ficense for all sorts of things; that while you are deciding to change them already applications .;-ill be going in under the la\" that has been approved and by the time you get around or come to them most of the protection will have been lost. So I don't like the idea of approving it as it is. I don't like the idea of acceptinb the Environmental Imp&ct Statement because it doesn't specifically give any tools to work .vith to say, no, this plan, this aspect of'the plan is really bad. I don't know what the answer is. I guess II-74 I I. I( I I I! I I I I ( '- I I : I ~ I : o I ; o o I' I I ( I 75 o o 2 3 4 5 6 7 e 9 10 11 II d :, 12 13 14 15 " , 16 Ii :' d 17 i ii I, I' 18 'I I, , I " 19 :: Ii 20 'I II " " 21 'i :: , 22 I' Ii I' 23 ,I Ii ii " 24 " !I 25 I to echo what Mr. Lowry suggested and put a cap on development until you can all come up with a plan that will not please everybody but will at least support the goals as stated and give us something to work with. MR. }fURPHY: Thank you. k Anyone else on the right that would like to address the Town Board? Is there anyone that would like to address the Town Board? We are going to be here until nine o'clock. We will recess for another twenty minutes and come back at 25 minutes to nine. (Hhereupon, a brief recess was taken and the hearing later resumed.) MR. }fURPHY: I would like to reopen, resume this public hearing and again I would like to ask if anybody would like to address the To"m Board on anything concerning this Draft Generic Environmental Impact Statement that has been advertised in the notice. Having all read that official notice, that is why we are h,"re. T,:e are going to be here until nine ,,-... o'clock and we are going to take any comments. I \~ould like to ask anyone on the left, II-75 I I 1 ( 2 I 3 I 4 5 I 6 I ~ 7 8 I 9 I 10 , 11 I I , " I' 12 d ji I !; 13 il .- " \, Ii 14 II I , " 15 , I 16 II 0 I, " I : 17 1i 0 I. ii 0 18 " 0 Ii I 0 I, 19 " . !! . II , 20 I L . Ii - :i : 21 'I . I . 22 I 23 " r II 24 I: II ( , I il - 25 , [' ::1_ I I I 76 if there is anybody, please identify yourself . for the record. }!R. LATSON: Stephen Latson, of Water- front Revitalization. I guess one issue I want to address is ~ M-I and M-II and the basic problem is that in a definition of M-I it is supposed to be in the creek and small bodies of waters, and M-II is supposed to be in the open waters. I went over the map today and I counted out of 24 M-I and M-II districts, there are lS M-II. Out of 18 11-11, 12 of them are in what anybody would define as creeks or shallow bodies of water. They are not on open waters. One of the concerns of the \Vaterfront Revitalization is that in the future are we going to have enough marina space? The suggestion that we are going to be recornQending is that 1ve need all the marina space we have nO,'T. \\That it comes down to is the }!-II allowance, you can put restaurants and motels in M-II ~~eas. It is going to contravene the idea of having marinas because somebody can come in with a bit of money, buy up the marina, II-76 I I. I( 2 3 I 4 5 I 6 I~ 7 8 I 9 I 10 I 11 12 I I' I I { 13 I 14 15 I 16 11 I' : II I : 17 'I , " Ii 18 " 0 ii Ii I 0 I' , 19 I . II . I 0 20 :1 . I, ~ : 21. 'I I i . 22 :: , I 23 ;: , ~ ~ 24 'I I ( ;; 'I ~ 25 !I !I I I II II ----- - -.. . -- . .---- --. -~- .-..------- 77 and develop it as hotel. This is going to reall put a strain on marina space in the Town in the future. I think the recommendation I would have, as far as hotel/motel space, would be -- because this kind of coincides with the Mattituck region we are just going through, and this is on the k south side, we would like to see some areas preserved up on the bluff for like scenic vistas and things like that so all people in the future will be able to go in and say this is what Southold used to look like in the bluff areas. If you could set aside one area on the left side of Mattituck. left one area on the left side of l1attituck by the inlet, say one acre areas, developing 80 acres of that area to preservation and 20 acres to the top notch hotel resort type of development, I think you would be able to evaluate a couple of problems. I think this 'my also that if I ,,,as coming someplace or I an coming out to Southold. I think being up on the bluff area if I see a hotel or a motel it would be quite scenic and spc~ifically if you had 80 acreS of untouched -. II-77 I I f I I , I I I II' I I I! I~ I : o o I: I I I --~ -- ._~..--- , ~ k 78 land surrounding it -- and this is a sugges- , tion -- the real point is that we really want to see M-I and M-II stay as marinas. It is because there are only 24 of them in the whole Town. I think it encompasses under 221 acres. I guess it is also pretty obvious in the future we are going to be needing these areas. Thank you very much. HR. HURPHY: Thank you, Steve. Anyone else on the left that would like to address the Town Board? Anyone in the middle? Anyone on the right? We are going to be here until nine o'clock again. This is your chance. ifuy don't we recess until five minutes to nine and have the last comnents at nine o'clock. He will come back a five minutes to nine. I I Thank you. (Hhereupon. a brief recess ,vas take.n and the hearing later resumed.) HR. HURPHY: It is now five minutes to II-78 I I I I I I I I I I( I I I~ I; . . Ii e I ! I 1 2 3 4 5 , 6 II 7 B 9 ,\ \! 10 'I I. 'i 1 11 q Ii , 121 II 13 Ii il 14 15 i 16 " II 17 \1 I .1 \i 18 Ii I \1 19 II ,I , ,. 20 Ii II , 21 22 " II 23 1\ I' 24 I I i 25 \1 " d II 1\ I (--- L~' 79 nine. I would like to resume the public hearing on the Draft Environmental Impact Statement and, again, I would like to ask if there is anyone who would like to address the Town Board on the Haster Plan, starting on my left. Over in the middle? Over on my l right? Yes. MS. SPATES: This is off-the-cuff. I guess a lot of you s,m me writing it right here, but I would just t~ to say it as slm. as I can. I would like to speak to this forum on further growth in hopes of achieving some preservation of the chara~ter of what we now have as the North Fork. I say we now have, because it is fast looking like the west of us. Recently I talked with a woman who has also.been in Oregon, who was born and raised there. She said they have a protective en- vironmental policy there among the Oregon people. Since she came here to Long Island about a year ago she said she just wants to ..- '~ shake people and ask: '~at are you doing to your Island? I, myself, came to Long Island II-79 I I I( I I I ~ I I I I c I 10 : I' I I ; o , I: I I I , 2 3 4 5 6 7 8 9 -, 10 :: ii l' II II I- 12 Ii I: 13 ,: I' 14 II i' 15 :! 16 o o 17 .1 I 18 II " 1 ~ 19 i; II , , o 20 Ii Ii " _I 21 22 23 Ii 24 " -' i! 25 ~..r. 80 some years ago. I lived in the East Moriches . area and occasionally had people speak about some new counties in the east end. I hoped my home would be completed in the western end, but I new the politics of the eastern county on its own. I liked what I saw east of me and k not what I saw west of me. Eventually my family and I moved east some more to Southold, but we can't move much f~rther. He like the quiet wildlife and rich soilage. Each nook and cranny of the United States is having similar problems as ours here in the Southold To,~. There is no i~@ediate answer to the problem identified in the Environ- mental Impact Statement in zoning the Master Plan and overdevelopment, and pollution piled dow~ by, of course, one too many people. I like people. I teach the young of our species nearly every day, but I love the Earth too and all the species that live on it. It is time to take [{ hard look at our numbers. Hhat all._,;:his tranlates or means is that the Southold Town, in my opinion, needs structured land use laws and revision on the number of II-SO I I 1 , r 2 I 3 I 4 5 I 6 ,I I ! 7 II 8 I I 9 , I 10 I II 11 il I :1 12 I ( 13 , "- 14 I 15 I 16 I' ! I : 17 , I. I 0 " 18 Ii 0 'I ~ !I I 19 I' " " , I' . 'I ; 20 " I' I . II ~ : 21. " . I, . 'I I . Ii 22 I' ii 23 :1 I Ii 24 :1 " { I' I 1 - 25 il " Ii I ~ _____ .u_ . I 81 people who live on the North Fork. I have heard peoples recommendations tonight which are indeed heartfelt and I applaud them, but all these can do is put off to the future other consequences that are coming do.m the road ever so fast. t Limits on the growth of people, I guess it sounds anti-democratic, but it is not. It is in fact the responsibility of us who want democracy, who want to help the environment, to deal .:ith this problem that "e ourselves have caused. Demanding a limit to growth, it would be the first place. It is done. It has be~n done in other parts of the country somehow. I don I t know how. '~e have to do it here. The only thing I want to add is that if I can b~ of any help to anybody I would be glad to try to do so. I hope we can hit it hard. We have to if there is any hope of h3ving anytbing left of Long Island here on the East End. MR. HURPHY: Thank you. Very well said. Again, is there anyone who would like r II-81 I I 1 ( 2 3 I 4 5 I 6 I 7 I 8 I I 9 I 'I I, I II 10 " II 11 Ii I 11 12 I, : " " Ii' 13 I 'I i! I 14 Ii I: , 15 I! ,I I , ., 16 l' : i: 17 " I ~ .' I: p 18 II ~ I . I 19 , ., Ii Ii , " , I' I 0 20 I: . " ~ I: 21. i, 0 ;i I ~ il , 22 :I \1 II I 23 " il 24 II I I, 25 Ii II Ii I I' , I 82 to address the Town Board? I think we are , " , getting near to the hour of nine o'clock and so I would like to close this public hearing and thank everybody who has participated and came out here to listen, Enjoy. k (Time noted, 9:02 P.M.) * * "k I, Gail Roschen, do hereby certify that I I . f 1 am an Official Cou~t Re?orter and that the foregoing constitutes a true and ~ccurate transcript according to my official stenogrophic notes. I ' /' <. /.. GAIL ROSCHEN, Official Court Reporter II-82 I I I I I I I I I I I I I I I I I I I SECTION I I. B. WRITTEN COMMENTS RECEIVED ON THE DGEIS FOLLOWING PUBLIC HEARING OF APRIL 26, 1988 S41 SZEPATOWSKI ASSOCIATES INC. E....\IRO....".-\f....r".l cO....S.UP,.....TS & PL4.........ERS S41 . c;I'p' J .' . . . . . . . . . . . . . . cc. . . . -:?'P fl t'v ) ;/3 COpy FOR YOUR INFORMATION James G. Gibb Howell Farm South Harbor Road Southold, New York 5 April 1988 .-""', -........,. 1197.1:""'" '..... ..- /, \" ....,. , "' ~ "y" . '. (,., :? >' . (,. "0 ';>,; ~ \v........ ,V . ~.\ \ . \ ~~..~ ....',-;~J:>. . ~..\ _.:~(:.;:,\....;.; ..::;~~.:......;~ ~;,;." S\~.;.~\~>,,:, "\..... ..,.- Hon. Frank Murphy and Members of the Southold Town Board Southold Town Hall Main Road Southold, New York 11971 Dear Town Board Memberr: The Town Board is to be congratulated for its completion of a draft Generic Environmental Impact Statement (GNEIS). The final version of this statement will represent an important step in insuring the Town's compliance with New York St~tp's EPvironmenta1 Quality Review Act (SEQRA). Unfortunately, I have found what I believe to be a major omission in the draft GNEIS; viz., the near total disregard for the community's cultural resources. SEQRA, and its predecessors in state and federal law, includes cultural resources as part of the environment. Among these are historic and prehistoric sites, regardless of whether they are architectural ("above ground") or archaeological ("below ground") in nature. While the natural resources of Southold are summarized and evaluated in the draft GNEIS, there is no c~arable summary and evaluation of the community's historic and prehistoric resources. Given the ample precedents for considering these resources, it is very surprising that the Town's consultants failed to address them. The missing section in the draft GNEIS should provide overviews of the prehistoric and historic occupation of Southold, specifically addressing changing land-use patterns. There has been sufficient archaeological research on the North Fork to enable identification of areas of potentially significant prehistoric occupation. Landmarks preservation activities and archival research in the area have also progres' far enough to begin to identify priorities in local preservation efforts. Guidelines have been established at national and state levels for identifying and designating historically significant sites and districts. These issues must be addressed if the To~~ of Southold is to comply with the provisions of SEQRA. The Town's consultants can rectify this omission by retaining the services of a professional historic preservationist and a professional archaeologist with experience in historic, prehistoric and industrial archaeology. More specific rec~~endation3 C~n be SOlicited fro~ t~e Histcric PrEse~v~tio~ Office cf the New York State Department of Parks, Recreation and Historic Preservation. I Strongly suggest that their comments be sought and considered by the Board before evaluation of the d=aft GNEIS has bec~ comp12ted. Respectfull~ di J Ov"4 . WI.-- Michael Lynch, NYS Department of Parks, Recrea~ and Hi or c Preservation Zachary Studenroth, Society for the Preservation of Long Island Antiquities Ed Johannemann, Long Island ArchaeOlogical Project II-83 I. '\ A -' .". 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , ( ( FISHERS ISLAND CONSERVANCY, INC. GELS RECEIVED APR 2 '3 1988 So"th,,''! r""", t"I...t. BOX 553 FISHERS ISLAND, NEW YORK 06390 April 25, 1988 To: The Soutnold Town 30ard To.m Hall, I.lain Road, Southold, E.Y. 11971 Re: Generic =nvironnental lr.pact Statement (GElS) 1,laster Plan 'ip-Date ,tmendments to the Town of Southold Zoning Ordinance. .\fter a detailed ~eading of the above-na"ed doc~~ents, the Fishers Island Conservancy regretfully but firmly feels that the envirore:lentally oriented statements in the GElS and the Easter Plan up-uate are not paralleled by corres~ondin~ly effective language or even stron3 ecological emDhasis when it cones to considering the alc.endlClents to the Southold local zoning ordina..'1ce. "ve also feel that these zoning ~1endments do not contain sufficient environmental ~rotection for Fishers Island, and we also are of the opinion that the entire town of Southold needs greater protection for its natural resources phan it is going to receive if these zoning ordinance ~"endments are adopted. Rather than pass such legislation at this time, we recommend that the above-n~~ed pac~age containing ohe GElS, t'le lIaster Plan Uy-Datc and the zonin3 10.;-1 a!,"endr.1ents be d 'lCl~ further study and amendr"ent, and under.,.o strengthening in (especially, ~ut not li~ited to) the followin~ areas: .... Certainly more lanc;ua"e reflective of intent to conserve (rather tha..'1 simply enlli~erate) environmental resources should be added to all levels of the GElS and t'ne nell zoning amendments, lli th particular c~phasis placed on agricultural, residential, hamlet- density and ro1arine business zones. Despite reassuranoes in the GElS, the proposed zonin~ law arnen~,ents do not enphasize preserva~ion of envirorur.e~~al resources. .. Under the Easter Plan th-Drcte headin;-o; "~la:'.let studies", there is cuite nossibly a need to include ?is'lers Island (along llith Pl~'1l Island and ',rent and 1"ittle1ull Is:!.ands) as senarate "barrier island" area.s '..:ith unique :;eologic a.l"1cl enVirOnl'lental features that are quite distinct from other areas and h~lets of Southold totm. 0);. ;;!e also feel t~1at c:1c.n~cs in the propo sed zonin~ la\l arc needed to i::c1 UdCl Jc.ore envirol'.I.1ental protection for open space and other ecolo~ical1y sensitive areas. The new zoning regulations should at least Rive effect to the same cnviro~'1lental e~phasis and safeGuards as the Hastcr Plan Up-D:.Lte outlines. A helpful sus~estion here would be to enact a local policy that all environr1ental questions stemmin~ frOM these local zoning ordinances be first revieHed and a:Jproved (by means of a hearing, if necessary) II-84 I , ,. .r:" , I I I I I I I I I I I I I I I I I I ( ( - 2 - by the Southold Board of ~rustees before bei~g passed on to the Planning Board or heard by the board of Zoning ~ppeals. To avoid bureaucratic pile-up not every case should go through u hearing of this nature, but those deemed environmentally sensitive by to"m ordinance or by Trustee action, should. It mi:sht be a good idea to add u" envirom.lentally sensitive dimension to zoning code desienations (especially low-density residential, hamlet, or marine business zones). This would alert builders and home o,mers that great care must be t~{en with any plans that mi.c:ht adversely affect the envirom.lent. Our Conservancy tis thus ve~J concerned over the lack of environmental teeth in the zoninG la1-l part of the G:r;IS pacl.{age, and we cannot ~ive our approval to it at the present time, much as He recognize the necessity and benefit of many Easter Plan goals, as well as the worth of ~any of the other chanGes proposed. Further study leadin~ to the addition of the enviroTh,ental safeguards outlined above is in our opinion ve~y badly needed at this moment. Essential ti::;l1teninr; of zonil:" regulations in enviroIl.-nentally sensitive e.~eas of therolm l-:ill 001 ster a."J.d augment tl1e sound intentions of tl:e Easter Plan outline. POl' the C0ns0rv~~J 302rd, c/1~ '~.~~~,~resident l~e..t:J.lie :13.f'f'erty - ~/ice-j?resident .. ::OT;;; - ::'his letter 3''1ould ::'0 re2d L'lto the record a1; any relevant officie.l hearing. II-8S '. ___c.._ I I I I I I I I I I I I I I I I I I I .' /.. ." '\ " ( ( ~c-2:S RECEIVED APR 2 a 1988 SC"'lth^'..I T,..\.,,, rl"r~ STATE OF NEW YORK DEPARTMENT OF STATE ALBANY. N.Y. 12231-0001 GAIL S. SHAFFER SECRETARY OF STATE April 25, 1988 \ ~!s. Judith T. Terry Tom Clerk Town of Southold, Town Hall l-lain Road Southold, New York 11971 Re: S-88-o09 Generic Environnental Impact Statarent (GElS) for the Proposed Local Law to JI.mend the Town of Southold Zoning Code and I.lap Dear ~. Terry: As Neil York State's Coastal l-lanagerrent Agency, the Departrrent of State, Division of Cbastal Resources and waterfront Revitalization, appreciates the ofPOrtunity to comrrent of the GElS cited above, dated February 1988. Our cCI11lrents are as follows: Descriotion of the prorosed Action We support the legislative proposals that aCCXJll\plish the follDl'ling: concentrate high density and canrrercial developnent in or near existing hamlets where infrastructure is adequate, establish al'eas where water-defendent uses will be allowed and not threatened or displaced by uses which do not require a waterfront location, prevent the unnecessary loss of large continuoos areas of prine agricultural soils, and protect enviromentally sensitive areas. The Department of State olJX>ses the creation of zones that would fermit high density resicential and cc:inrrercial developrent in envi ronrrentally sensitive areas or in areas where ground water supplies, that are depended upon for drinking water supply, are inadequate. Descril)tion of the Enviromental Settino Page 33 should be revised to indicate that 18 Significant Fish and Wildlife Habitats in Southold have been designated by the New York State Department of State. These habitats were recomrrended for designation by the n-86 I I I I I I I I I I I I' I I I I I I I /, . . ( c "ew York State DepartJnent of Environnental Conservation. The Town should have a cop.{ of the narrative and rrap for each habitat. Please contact me if the Town does not have this infornation. lo'.itiaation ~leasures Many of the mitigating measures, set forth on pages 53 to 60, to minimize adverse el1l1ironnental irrpacts should eventually be incorporated, through the aooption of local laws, into the Tawn's zoning law or other land use regulations. Alternatives k The Depart:rrent of State considers the proFOsed local law the IlOst desirable alternative of those described in the GEIS. As you knaw, the Town of Southold is preparing a Local Waterfront Revitalization Program (Ll'lRP). Adjustrrents or refinements may be necessary to the prop:>sed local law, for which the GEIS has been prepared, in order to implerrent the TO\m's LI'lRP. Ho..lever, the Town should not delay its decision On the prop:>sed local law due to this possibility. Thank you for the oPFOrtunity to canment. Please contact me, at (518) 474-9201, if you have any questions. Sincerely, !1h UJd~ Peter I'lalsh Coastal Resources Specialist IW': rdc cc: Valerie Scopaz, Town Planner Jim ~1c11ahon, Canmunity Developrent Director Steve Latson, L\~ Advisory Corrunittee Chairman ":,t-. .- ......' II-87 '. I I I I I I I I I I I I I I I I I I I . t ( ~EIS 1""'hPn ~ ~~ ( ,/ ~ ff,~mj7-t__. A TIORN;,;;:;;:;;;;r --- 828 FRONT STREET. " O. BOX 803 GREENPORT. NY 11944 RECEIVED APR 2 7 ~98a 15161 477-l016 Sc\tllh,..I..I T"',....r\ ('I..,,,~ April 26, 1988 Southold Town Board Town Hall \ Main Road Southold, New York 11971 Re: Mullen and pilles Dear Members of the Board: While I realize that the hearings scheduled for today are for the purpose of discussing the Master Plan's generic EIS, I am taking this opportunity to once again address my clients' grievances. I have enclosed two previous letters sent to you by Irving L. Price, Jr., Esq., along with my letter dated January 20, 1987. These letters clearly outline the situation as it affects my clients. Despite these repeated requests, I do not believe that anything has been done to alleviate the underlying problem. The parcel owned by Esther Pilles (Tax Map No. 1000-62-3-12) upon which Mullen Motors operates a body shop remains in the Hamlet Business District under the present Master Plan. Upon adoption of the Master Plan as constituted, this body shop will become a non-conforming use. Clearly, such a result would be unfair, discriminatory and unlawful. As set forth in my previous letter, other automobile dealerships have been included, in total, in a Business District by means of amendment of the Master Plan. All we are requesting is to be treated in the same fashi~n/7." Very trul ~rs, 1,1 JKM/Ig Enclosures cc: Mullen Motors, Inc. II-88 ..---------- I,. . I. .., . .. 1 1 1 1 1 1 1 1 1 1 1 I I I I I I I ( ( / ~A!r~ '&'. A'ITORNEY AT LA;;! 628 FRONT STREET. P. O. BOX 803 GREENPORT. NY 119<< ,.161<77.1016 Janaury 20, 1987 Southold Town Town Hall Southold, NY Board 11971 Re: Mullen and Pilles , Gentlemen: Please be advised that this office represents Richard F. Mullen and Esther Pilles in relation to the proposed Zoning Regulations and Master Plan. 1 have enclosed copies of two letters previously sent to you from Irving L. Price, Jr, Esq., regarding this situation. On the basis of these letters, Mr. Price was assured that our clients' concerns would be addressed and the problem would be rectified. Richard F. ~Iullen is the record Dlmer of certain parcels on the south side of Main Road'in Southold, New York, which have been used for over thirty (30) years as an automobile showroom and dealership by Mullen Motors, Inc. (Tax ~Iap Nos. 1000-62-3-10.003, 11 and 20). Esther Pilles is the record ownor of a parcel on the north side of Main Road, Southold, New York, which h3s beon usod for over thirty (30) years as a body shop adjunct of Hullen Hoturs Inc. and for thirty (30) years prior to that was the site of Hullen Hotors, Inc. (Tax Map No. 1000-62-3-12). Apparently, in response to Mr. Price's letter, lots 11 and 20 were ch;lIlged from a Hamlet Business District (in which an automobile dealership is nut a permitted use) to a Business District (in which an automobile dealership is a permitted use). As a result. lots 10.003 and 12 remained in the HanlIet UllsIness District. In the event that the proposed Zoning Regulations and N~lster PloCln arc. adopted as presently constituted. the uses on these two lots will beconlc non-conforming uses. This would result in a very substantial decrease in th~ v~lue of my clients' property. as the non-confornling status of tl1cse p~rc~ls cuuld be extinguished by sale. fire loss or other contingency. it is our l>o::>it1on th.:lt to hav~ these t\/O parcels remain in .a lbmlet BusIness District \JtlulJ be confiscatory. AJJitiollally. it would be Jiscrimina- lor:,' .hi otller autolllubil..:: dealerships in the Town h.:lvC been placed in Busin~ss II-89 I ~ \- ~. , r I I I I I I I I I I I I I I I I I I ( ( Janaury 20, 1987 Page 2 Districts. Volinski Oldsmobile, located on Traveler Street in Southold, is within a Business District, as is Wells Pontiac located in Peconic. In fact, an amendment to the proposed Master Plan was made on October 21, 1986, to~ include another lot used by Wells Pontiac to that Business District. This amendment was labeled a technical correction, indicating that this added lot should have been originally included in that Business District. Likewise, alltof the lots owned by my clients should be included in the Business District established for the existing Mullen Motors complex. To do otherwise would be unfair, inappropriate and unlawful. Please be assured that my clients are willing to take whatever steps are necessary to insure fair, non-discriminatory treatment and to have the remaining parcels included in the Business District. JKM/Ig "Z:J/fll!lv C' '"'" ,.,1,v II-90 I " , . ~ "0 I I I I I I I I I I I I I I I I I I -,- -.----. (: { lavING L. PRICE, JR. ATTORNEY AT LAW P .0. Box E 8a8 FRONT STREET GREENPORT, L I., N. Y. 11944 (IUO) 4n-1010 February 12, 1986 Southold Town Board Town Hall Southold, NY lli?l Gentlemen: It has come to our attention that under the proposed Zoning Regulations ("Master Plan") my clients' vested rights in his property would be eliminated. ..- My client, Richard F. Mullen, Jr., owns property on the south side of the Main Road in Southold occupied as an automobile showroon, repairs, and car loti a typical automobile dealership. The use of this property as such commenced over thirty (30) years ago. It is an upgraded facility that moved from premises across the road, the use of which as a dealership was commenced nearly sixty (60) years ago. See request of Esther Pilles submitted simultaneously. It is proposed to include these premises in "Hamlet Business (HB) District, Article IX-l" which does not allow the use of the premises for an auto dealership. The continued use of these premises as now used is, however, permitted under proposed "General Business (B-1) District, Article X. It is accordingly requested that the use of these premises be changed to proposed General Business (B-l) District, Article X, before the proposed zoning regulations are adopted. This should be to the depth of the present district lines. Very truly yours, Irving L. Price, Jr. ILP/lg CERTIFIED MAIL RETURN RECEIPT REQUESTED -,..,' b tee t U:,,, 1\ i,l'l< "\ II.,.91 I I I I I I I I I I I I I I I I I I I , , ( ( ..:::...... ... , IRVING L. PRICE, JR. ATTORNEY AT LAW P .0. Box E 828 PRONT STREET GREENPORT, L.I.. N. Y. 11944 (lue) 477-IOUt February 12, 1986 Southold Town Board Town Hall Southold, NY lt97l Gentlemen: It has come to our attention that under the proposed Zoning Regulations ("Master Plan") my clients' vested rights in her property' would be eliminated. My client, Esther Pilles, owns property on the north side of Main Road, Southold, New York, occupied as a body shop adjunct of Mullen Motors, Inc. The use of this property as such has been for over thirty (30) years when Mullen Motors, Inc. moved across the road and continued as an automobile dealership. pridr to its said move, Mullen Motors had occupied my premises as a dealership for thirty (30) years. It is proposed to include these premises in "Hamlet Business (HB) District, Article IX-l" which does not allow the use of my premises for a body shop and/or automobile dealership. The continued use of these premises as now used and as used in the past is permitted under "General Business (B-1) District, Article X" of proposed ordinance. It is accordingly requested that the use of these premises be changed to General Business IB-l) District, Article X before the proposed Zoning Regulations are adopted. Very truly yours, Irving L. Price, Jr. ILP / Ig CERTIFIED HAIL RETURN RECEIPT REQUESTED L:c.. '.0. mv-...tl ( ., II-92 -.-,---..-----.- I , . . - " . I I I I I I I I I I .'- I ,r I I I I I I I ( ( . . IRVING L. PRIOE, JR. ATTORNEY AT LAW aaa BONY 5T1lEET GllEENPORT. L 1., N. Y.l1844 (a"8) .."-loa8 June 3, 1986 Southo~d Town Board Town, li\all ' '. Southold, NY 11971 Gentiemen: Re: Mullen and Pi11es , On February 12, 1986 I wrote you with regard to the change of zone under the proposed Master Plan for the premises of above in Southo1d, which together are used as an automobile dealership. I enclose copies of said letters. I have examined the proposed revisions of the map and observe that this dealership" is to be made a non-conforming use, which I believe is confiscatory. The situation can be remedied by two methods: . 1) Change the zoning to "General Business (B-1) District" under Article X. 2) Amend the provisions of "Hamlet Business (HB)" Article X-l to allow automobile dealership as a permitted use. If you wished, the suggestion 2) above could be limited to a certain premise area so as to prevent any proliferation. Thank you for your consideration. Yours very truly, Irving L. Price, Jr. ILP:fae Ene. CC: Southo1d Planning Board Mullen Motors, Inc. II-93 I I I I I I I I I I I I I I I I I I I RECEIVED MPo..'( 13 1988 ( ~.6~#~ TWOMEY. LATHAM. SHEA & KELLEY ~C~ YOUR ATTORNEYS AT LAW mfORMATIO:4 33 WEST SECOND STREET P.O. BOX 3ge Hl\'ERHEAD. NEW YORK 11901 Sroo.thnlA T........ ~ THOMAS A. TWOMEY, JR. STEPHEN 8. LATHAM JOHN F. SHEA. III CHRISTOPHER D. KELLEY LAWRENCE M. STORM. MAUREEN T. LICCIONE CATRION" GLAZEBROOK DAVID M. DUBIN.. . ALSO ADMITTED IN CONNECTICUT 8 NORTH MAIN STREET EAST HAMPTON. N.Y. 11837 S1tS.324.1200 516-727'2180 TELEFAX; 516-727-1767 AND FLORIOA . -ALSO AOMITTED IN LOUISIANA , tlay 12, 1988 Town Board Town of Southold Town Hall, Ilain Road Southold, N.Y. 11971 Dear Supervisor Murphy & Ilembers of the Board: , 1 write this letter to clarify the position pre- sented on behalf of Messrs. Weismann and Flynn at the hearing held on April 26, 1988 on the Master Plan GElS. It was not my intention nor was 1 authorized to suggest the acceptability of M-II zoning for the Young's Harina site nor did 1 intend to suggest support for 11-1 zoning as the M-l zone uses are proposed in the Code. l1y clients would support low-density residential use, or R-80 zoning, which is the zone proposed for the area surrounding Young's Marina. Sii;f~'~ I (J /C. bh~istoPher Kelley CK:jo '. 11-94 1.---~~~::~~~-7(:e~' GCZ~5 --~ NEW yORK STATE DEPARTMENT OF E( .)NMENTAl CONSERVATION M< /I REGULATORY AFFAIRS ~~~. I I I I I I I I I I ) , I I I I I I I I INTE( JFFICE SPEED MEMO (USE ONLY FOR UNOFFICIAL CORRESPONDENCE) TO: FROM: JKd>f!t {;-t.,,, 7... LCt-, k DATE: 5/1 I ~ '~-It t'~Ei~ v:-ec: ~~:!;EPlY REQUIRED BY n {" ~ /5 iJp '7 ATE RETURNED: REPLY AT BOTTOM OF THIS FORM SUBJECT: 1'4AL-~-1Cca1ltP_,~ ;;'F;-"~~--1#~ ~A'7 ~/ /f/~'~- ~/(s,~ ~ Lftlnl/I'oJ /~H,e'-.::tJ. ,9~C~ 6" ,n......-c- . ~" t I i/!r~///t:'d s (( l V . rvf~!t/";{1~-hdt:;'" - ;uh ' . t).L ~.>I, rl-if/l; )../, f~ ~ ~KtlVfD REPLY --A\' . :J '='P" . I ... _, '. ~.;f) ~_,,;~...'.J T~..._ "-'_.\ II-95 ..~1"X I c~.' . ;-1' . ''''... -::;'i;'-,,: I I 1 ... 1 .:'~----'- 1 , . - "." 1 ~~ .'W'~~~ -,~ '(-two .~~_~_..i.: , '?!r~"~ . .' '1:I:~;j .., 'K.~;.;t ~ 1.~::g ~~'<C1i; - "". " f '---"fl.~. __ . :;~t ...~.;....:~::,~-:J )I" 1 . :L..; . .~; -'- . ..,' '~-~. ,i'~;:~~~':'; , ..-..!'~, . .': ....~ ;~, \ -,~:" -..:.," ',. "-::) ~- " : .COMMENTS ON ~BE tJRAFT GENERIC lnwLROIDIXN'rAL '.IKPACT.STA'l'EKENT. '-ON PROPOSED LOCAL LAW OF 1987 'AMENDING THE TOWN OP SODTBOLD ~ONING ORDI5ANCE. --~-~.:.:~ , .. 1-- '~.' - 1 ....,: " '., 1 " , ~< -," .'~" -. \'. '0'1 '.:;.. ........,.- --~.~,.,.'. 1 ";1 '- 1 1 'Dated: April 26,1988 1 .3;:hr istophetKelley I-~ 'Of Counsel .p,;-; -;"'>~-~.' ,. " " "'.l- ,,--,,- -' . - . ~~;~l':':i.l.,'~';~~~'v' , '."- -..~ ~~ TF"'~' ,)"-:-_,,,,-::;~,, ,. -'-, - 1 , -'-.'. 1 '" '. - ,. -. ~ . -- J..-.;,. I. ..' TwOMEY, LATHAM, 'SHEA &. KELLEY ~ .-~.." ATTORNEYS AT LAW '< '<.:; I:; " -', '" ',~_,. .'. k:~;-"':~~9s:::..~~_;~-,~,I%i'::~:;"i,~~;;f.r~~~:.;':'~d! , ..,:... _ _.. R1-vlCRH&AD.NEWYORK~l -.....,,,-.. ':~';-,~~,,>_.~-:.r- -'<{'-J"~-.z..(...:(--,-.,.~-- '. ':.~".. IJ', , ' :t,?';:: "....... .>,"~~' ;;-~"":'~~<~f~ --'~~Jj~~~;');~kl- \;i\i<~:?~.(j>Yi:,..,.,~--;;~*.t;.'.>Otj.,--....~-:~~r~~\:~:-_,/'~~..i~. . -: ,.>It' ~. ~ '..,.. ~l"''-~ ~ '~~~ t"-.--.~~;,.~lI.:.. ...,-,,'a'~i"~' >':1-:': ~d~~'.~."-~'): "'-~'~"'~~~'.r'. ~~~~-~"-~ .?f":,--,"~""'."~\'J"-,"-. '.'<. '....-_- ',-""" . ,_. ;'~'_':>"",.;.;.J;S~~ '. ",.;,:...'t'2:~~: .,~.y,,.~;o:~,,,.,:;;-[ " ,,;.,' ..... ~:;:!-2~-1i.~"?~'.;,,:. .."l!i..... ~}o,t".-~~~ii"'W~'}; .l. ~ 't:'i.,,"--}_I .. ';.~..;'" .'<1'''' ''''.. ~"__ .,1''; -,~.. ' f~:;..l '1:.' , ~;~>t.; t ':. c~+.....~~,.' 1I-96':.~<;.., .~~ )~.t"-:--~..,, ........'ti..~_- :;~--r.r;;j- 71"'<',':';~~'_"': ._:~~..,J , ,..-...-'-.....-~,~ .x '<?il'--C: - ~';~'-"" .;;.,',~ '-', ~ _._._J ,~$!~....~~~,,";~~~..v.d~~<:~.;r: ,.t.;J.~-"""'" . -- -'i.. ; ~"' ..~." - 'T:'~..' ~,~,:~ :~-.'!1:",<-~,- <-.~- ':~~:;::~~i':~J~;1l;?:l;;~~<'_~>;' :~~~ ~'-,-~>, -- ,.~. - ' ;-.t". : ~ . ;...." '."'I~::?, I. -r:,~i: ..;~-:.j~ ..... . p'....i,.,' ",' ~..... ';c--;" I I I I I I I I I I I I I I I I I I lu TOWN BOARD OF THE TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Draft Generic Environmental Impact statement on the Proposed Amending of the Town of Southold Zoning Ordinance. -----------------------------------x k COMMENTS ON THE DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT ON PROPOSED LOCAL LAW OF 1987 AMENDING THE TOWN OF SOUTHOLD ZONING ORDINANCE. PRELIMINARY STATEMENT This memorandum is submitted on behalf of Henry Weismann and Frank Flynn who re~ide on Tarpon Drive in Southold across Sage Cove from the site of Young's Marina, one of the properties scheduled in the master plan to be rezoned to M-II use. Messrs. Weismann and Flynn appeared and submitted expert testimony and legal comments on the proposed master plan in January of 1987 at which time they objected to the location of marine business uses on certain environmentally fragile areas in the Town and objected to the adoption of the plan without an Environmental Impact Statement. These comments are submitted as a critique of the Generic Environmental Impact Statement prepared by the Town and its failure to fully identify or mitigate the environmental impacts 1 n-97 I I' I I I I I I I I I I I I I I I I I of the proposed waterfront rezoning as applied to the Young's Marina Site. Overall the GElS is superficial in nature and does not give any significant treatment of the potential environmental impacts, proposed mitigation or alternatives to the plan. While claiming to be a Generic Environmental Impact Statement, the document does little to identify or analyze the cumulative impacts of the ~ proposed zoning amendments including the cumulative economic water quality, wetlands and traffic impacts. Instead, while claiming to be a GElS it identifies six site specific aspects of the proposed law which it seeks to address. However, the analysis of the six aspects is meager, if not non-existent. Rather than succeeding in being a Generic Environmental Impact Statement identifying those broad impacts and cumulative impacts of the plan as a whole and rather than doing a careful analysis of any of the site specific aspects identified at page 1 of the document, including the Sage Boulevard zoning, the document is nothing more than a superficial regurgitation of information previously received by the Town Board. It provides a rationalization for going forward with little or no modification to the original plan. The GElS, while seeking to accomplish two purposes, fails to accomplish one. The sections of the GElS are addressed chronologically below in the context of their application to the Young's Marina (Zehner) property on Sage Cove. 2 . II-98 I I' I I I I I I I I I I I I I I I I I POINT I DESCRIPTION OF THE PROPOSED ACTION In the section entitled "Description of the Proposed Action" . ~ . at pages 7 and 8 the document describes the purpose of the Marine-One (M-I) and the Marine Two (M-II) districts. The M-II district which is~pp1ied to the existing Young's Marina site has as its purpose: to provide a waterfront location for a wide range of water-dependent and water-related uses . . . and which in general are located on _jor waterways and open bay fronts and on the Long Island Sound. This is the first and most obvious inconsistency between the purpose of the plan and its application. The marine uses located and projected to be located by the applicant's current plans at the Young's Marina site would not be on major waterways, but would be on a shallow flushing pristine and relatively undeveloped cove whose waters are still certified for shellfishing. Potential expansion of the uses on the Young's Marina property would substantially impact this current condition, Later in that same section it states: Restaurants and transient hotels and motels would require a denitrification treatment of their wastewaters. Public water as defined in the zoning Ordinance should be required due to the potential problems of salt water upcoming near the fresh/salt interface. However, nowhere in Sections 120, ~ sea. of the proposed Zoning Ordinance, which govern the M-II district, are such regulations 3 II-99 I I I I I I I I I I I I I I I I I I I set forth. There is no requirement for denitrification nor is their one for public water. A transit hotel/motel and restaurant could be built on the site without the requirement of such amenities. Furthermore, even if they were required the well- known condition of the Greenport water district is not such that sufficient water could be supplied for such uses at the site. The M-I district described on page 7 of the GElS is designed l to be located on "Marine or tidal waters but which are located within the confines of the Town's tidal creeks or natural coves". This description more closely conforms to the site attributes of the Young's Marina property. By the use district's own description in the GElS, it is evident that the M-I classification is more appropriate for the site than the M-II classification. POINT II SIGNIFICANT ENVIRONMENTAL IMPACTS At page 42 under the section entitled "Marine Business" the GElS describes the reason for creating two marine districts instead of one. The document says: In general, development proposals under these two new districts would prevent fewer adverse impacts on the marine environment than would be expected from such proposals under current zoning. However, with regard to the Young's Marina property this is clearly incorrect. The Young's Marina property is currently zoned "C-Light Industrial". As such, no hotel or motel use is permitted by special exception or otherwise. In addition, except 4 II-IOO I I I I I I I I I I I I I I I I I I I for certain agricultural uses which the site is not suitable for, all commercial/industrial uses are by special exception use which '. gives the Zoning Board of Appeals an opportunity to review and reject certain uses where appropriate conditions cannot be made to prevent environmental damage. Under the new M-II Zone a whole range of potentially hazardous uses are permitted with no special exception requirement at all. These uses include marinas and . boat yards with the sale of fuel and oil and the use of boat yard/ ship building which by its nature includes the use of hazardous chemicals and oil byproducts. The potential for release of pollutants into the waters of Sage Cove and the potential for fire is great with these uses. In addition, with special permit review, restaurants and drive-in restaurants would be allowed and hotels and motels with a density of 10 units to the acre. Under the current industrial zoning, no such intense use of the property could be made. At page 42 the GElS sites as the one exception to the statement that the new amendments present fewer adverse impacts than the current zoning, a case of an M-II district on an unnamed creek in New Suffolk. There it is stated: The small nature of dwellings expansions either the volume of water, the narrow and confined this creek and the closeness of existing could create adverse impacts if major of existing activity were to take place in Marine One or Marine Two districts. This is essentially identical to the case of the Sage Covel Young's Marina property. The confined, shallow Sage Cove, with little flushing could be virtually wiped out biologically by the 5 II-IOI I I I I I I I I I I I I I I I I I I lu excessive expansion of the existing marina and the addition to it of hotel/motel, restaurant and boatyard uses. There is nothing that distinguishes this case from the New Suffolk case cited. Although the GElS on page 43 goes on to discuss other areas of concern where the M-II district has been located, it fails to even mention the Sage Cove site. At page 46 the GElS purports to analyze the environmental impacts of the Sage Boulevard zoning, t referring to the Young's Marina site. This one paragraph gives virtually no analysis of what the addition of numerous, more intense uses in the new zoning Code would do to this property, and the cove and wetlands surrounding it. Furthermore, it makes the incorrect statement that all lands not currently utilized as a marina on site have been returned to the residential (R-SO) category when, in ~act, all of the Zehner property not utilized by the marina is still within the M-II zone and available for motel/hotel boatyard construction. The GElS makes no reference to the fact that this is clearly a spot zoning sticking out like a "sore thumb" in a low-density residential area. In discussing the potential impacts of this new zoning on the site, no mention is made of the effect of the available uses on the quality and quantity of surface and groundwater supplies, traffic on Route 25, wildlife habitat, or wetlands. POINT III ALTERNATIVES The Alternatives section of the GIS is extremely weak. It . does nothing to analyze what modifications could be made in the 6 II-I02 .. I I I I I I I I I I I I I I I I I I I proposed Zoning Ordinance that would more clearly mitigate environmental impacts. It states only that we can enact the plan, we can adopt part of the plan and hold it for further study or we can do nothing. It makes no mention of the alternative of adopting the plan with significant changes. One of the most obvious alternatives to the proposed zoning for the Young's Marina property is to change the zoning to M-I. i The site conditions are clearly more consistent with the definition and purpose of the M-I zone. This is an obvious alternative to giving the owner a bonus of having the option for motels/hotels and restaurants on a site with a marina and boatyard, yet it was not even discussed in the GElS. Another alternative would be to delete the hotel/motel and restaurant uses from the M-II district and significantly upgrade the special permit criteria which would limit and constrain offensive uses at the site. POINT IV MITIGATION MEASURES Subsection "H" of the GElS entitled "Mitigation Measures" discusses in skeleton form some mitigation measures but identifies measures not included in the plan. Under the subsection entitled "Marine Business" the GElS discusses ways to minimize marine pollution, none of which are included in the Zoninq Code. Identifying mitigation measures and failing to incorporate them into the plan is the absurd result of a document 7 II-103 ..-..------.----- I I I I I I I I I I I I I I I I I I I intended merely to give lip service to the state Environmental Quality Review Act and not to meet it substantive requirements. The requirement of pump-out facilities, proper drainage, the banning of toxic bottom paints, and the adequate disposal of marine solid and hazardous wastes are all identified as mitigation measures but not one provision of the Zoning Code requires any of them. The "Mitigation Measures" section also t requests further studies regarding bulkhead and pier limits but does not incorporate any limits into the Zoning Code. The GElS also calls for coordinated review of marina expansion as mandatory but does not incorporate that into the Zoning Code which clearly does not have such coordinated review requirements. Identifying the provision of community or public water and advanced waste treatment for all new marinas and for expansion of existing marinas, is a nice thing to say but when the uses in a particular zoning district, in this case Marine II, are not contingent upon them, such suggestions are mere puffery. In total, the "Mitigation Measures" section is merely a joke of well-intentioned suggestions which are not converted into concrete mitigation measures contained within the proposed zoning amendments. The "Mitigation Measures" section reverts from the absurd to the sublime when at the "Sage Boulevard" subsection on page 57 the statement is made: "No further mitigation then the rezoning described previously is viewed necessary at this time". This statement is made with the full knowledge that the potential use 8 rr-104 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1- of the site will be expanded to include 80 dwelling units with boatyard, marina and restaurant facilities, suspiciously coinciding with the uses requested in a recent development proposal of the owner. POINT V GROWTH INDUCING ASPECTS The section ~f the GElS entitled "Growth Inducing Aspects", at page 61, is grossly inadequate. The following statement is made in the GElS at this section. "Growth inducing impacts of the proposed local law appear to be limited to Hamlet settings". No mention is made of the fact that the residential growth of the current Young's Marina site could increase from no units to 80 units with significant commercial uses on site as a result of this plan. CONCLUSION On the whole the GElS neither satisfied the requirements of SEQRA nor the more limited purposes that its drafters sought to accomplish. It does not adequately describe the broad impacts, economic, environmental and otherwise of the plan as a whole nor does it adequately discuss the impacts of the six individual aspects that it purports to analyze. The plan is a RQ.2.t hoc rationalization for the Board's kowtowing to the individual gripes and complaints about restrictive zoning by affected property owners. 9 II-ID5 I I I I I I I I I I I I I I I I I I I prooosed Alternatives Messrs. Weismann and Flynn respectfully submit that the GElS and zoning Code should be rewritten to eliminate the inadequacies cited herein. They propose that the zoning amendments be changed to eliminate the Young's Marina property as an M-II site, making it instead an M-I site which is more closely applicable to the environmental setting of the site and which would make the exIsting use conforming. In the alternative, they propose that the M-II regulations be revised to eliminate numerous special permit uses including hotels, motels and restaurants. In addition, the special permit criteria should be revised and more specifically denominated so that the Code determines exactly how many units will be permitted and under what circ~stances. Special criteria including provision for safe water quality and protection of wetlands should be made for all special permit uses. Clearly, special permit criteria can be drawn to incorporate the mitigation measures identified in the GElS which are not already incorporated into the plan. In addition, such potentially hazardous uses as marinas and boat yards should become special permit uses under both the M-I and M-II zoning classifications. with such a change, specific criteria should be set forth as to the limits on water use, the impact on the quality of surface and groundwater and the number of boats which can be accommodated both on land and in the water at each site depending on the particular characteristics of the site. 10 II-106 I I I I I I I I I I I I I I I I 1 1 1- These alternatives, rather than the plan proposed, will better serve the Town's needs in providing sound planning and protection of the Town's natural resources. These alternatives would incorporate mitigation measures identified in the GElS and elsewhere making the proposed zoning more environmentally acceptable. I Respectfully submitted, TWOMEY, LATHAM, SHEA & KELLEY Attorneys for weismann and Flynn PO Box 398 33 West Second Street Riverhead, NY 11901 (516)727-2180 11 '" II-107 I I I I I I I I I I I I I I I I I I I SECTION III LEAD AGENCY'S RESPONSES TO SUBSTANTIVE COMMENTS S41 Ltd. ENVIRONMENTAL CONSULTANTS & PLANNERS S41 I I I I I I I I I I I I I I I I I I S41 I SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS & PlA"ERS S41 SECTION III.A. RESPONSE TO SUBSTANTIVE COMMENTS MADE AT THE PUBLIC HEARING OF APRIL 26, 1988 I I I I I I I I I I I I I I I I I I I RESPONSE TO COMMENTS OF THE PUBLIC HEARING 1. Ronnie Wacker: A general response must reiterate that the proposed local law, the subject of the GElS, is an amendment to the Zoning Ordinance. It is not a Master Plan. The Zoning Ordinance regulates private development initiatives, it has nothing to do with the provision of municipal services of schools, fire, police, roads, hospitals, or traffic control. It does however place an ultimate limit on the overall population in the Town and on the ultimate distribution of that population. To this end it does affect municipal services and the proposed amendments, the map amendments in particular, lessen the overall impact on the Town relative to the provision of municipal services, based on population, than does the existing Zoning Ordinance. 2. Response to Christopher Kelley's written comments submitted at the Public Hearing Point I Young's Marina's is located on a direct connection to Southold Bay. It is an existing marina requiring and directly benefiting from its access to the Bay. Any adverse impacts resulting from uses proposed as a part of any plan to change from the existing marina activity would be revealed through the SEQR process. A general response to the commentator is that his knowledge of the existence of SEQR regulations is not admitted in his comments and that most, if not all, of his concerns can be addressed knowing that other regulations beside SEQR also remain in effect and will be adhered to when a specific development proposal is made to the Town. Thus, the requirements for public water and denitrification, for example, would be made under Suffolk County Health Department auspices, as the commentator should know, not under local zoning ordinances. Point II Whether a use is by special exception or by right, no use would be permitted to be located where it would cause significant adverse environmental impacts. Marinas and boat yards with fuel and oil sales are uses included in the present "C-Light" Industrial District, and in the proposed M-II District. C-Light Districts are primarily industrial S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMEr-;TA,l CONSL'lTANTS & PlA'....ER" S41 III-l I I I I I I I I I I I I I I I I I I S41 I S4;WSKI ASSOCIATES INC. districts and not waterfront districts. The difference between the two is that marinas and boat yards are a permitted use in the M-II and a special exception use in the "C-Light". This is because M-II Districts are already on the waterfront and water-dependent uses are permitted. This in compliance with the Town's draft Local Waterfront Revitalization Program and with the New York State Coastal Policies. The unnamed creek in New Suffolk and the Young's Marina property are dissimilar in frontage on the Bay with respect to tide flows, prevailing winds, width vs length and existing and potential land use. Specific combinations of actual site development, SEQR. uses, when proposed at the time of will be analyzed with respect to Point III The Lead Agency feels that Young's Marina suitably meets the requirements of the M-II District. Point IV Mitigation measures are proposed for Town action. These measures are not normally enacted under Zoning Ordinances but as separate Town ordinances and regulations. Obviously zoning cannot regulate paints on boat bottoms, for example. These and other measures are properly regulated by other agencies and have nothinq to po with zoninq, either existing or proposed, but are health matters. The commentator needs to argue this point before the appropriate health agency. Point V Growth inducement means residential or other growth that is unanticipated, unwarranted or, unplanned for as a by-product of a given municipal action. The Town Board fully recognizes the growth potential at the site of the present Young's Marina. No site development plan will be approved that will cause a significant adverse environmental impact. 3. Ed Seigmann: The placement of the zone itself has been upheld in the courts. The degree of development the site can sustain is now the subject of an environmental impact review. ENVIRONMENT AL CO!\oSL'L T ANTS & PlA'NER'i III-2 I I I I I I I I I I I I I I I I I I S41 I SZEPATOWSKI ASSOCIATES INC. S41 4. F.M. Flynn: (Please refer to the response to Christopher Kelley on Young's Marina) With respect to the area west of Greenport, the LI and LIO zones are in keeping with the planning policy of LI and LIO Zoning in proximity to each hamlet, including Greenport. The LIO District with a three acre minimum lot size and twenty per cent maximum lot coverage is felt to be appropriate to provide both an employment opportunity with minimum environmental impact. 5. Natalie Rafferty: There is a standing set of State regulations on environmental review of proposed developments that do not need to be included in the proposed zoning amendments. The operation of these regulations is automatically triggered by any project that may cause significant adverse impacts as assessed by the lead approval agency before it commences formal project review. Properly administered, these regulations plus the proposed amendments to the zoning ordinance, will not cause any development proposal to create an adverse environmental impact. Locally, the environmental regulations are contained in Chapter 44 of the Town Code, a totally separate chapter from the one being amended, Chapter 100. (Zoning). 6. Jean Tiedke: The zoning map is a legal document showing the development districts into which the Town is divided. It does not show physical features. These are more properly shown on an environmental inventory map in the Master Plan. Flexible lot sizes and cluster development have been and will continue to be encouraged by the Town. These provisions already existing in the Zoning Ordinance today. Conservation in the A-C District is achieved by a number of methods contained in the Ordinance. A major one is cluster development. The Master Plan contains the answers to questions on population and water supply. The proposition before the Town now is an amendment to the Zoning Ordinance. The purpose of the RR District is stated in Section 100-60 of the Ordinance, namely to provide an opportunity for resort development in appropriate area where utilities are present and the development is consistent with surrounding land. ENVIRONMENTAL CONSL'lTANTS & PLANNERS III-3 I I I I I I I I I I I I I I I I I I It is possible within the Affordable Housing overlay district provisions to rezone lands to a higher density to permit affordable housing developments to be built in proximity of existing hamlet centers including the area between Boisseau Avenue and Tucker's Lane. The shoreline is a powerful attraction for growth. Densities have been set with a general appreciation for the balance between desire and value for development, and environmental sensitivity. 7. J. Cornell: (Response was made at the Public Hearing) 8. Jean Mariner: It is not possible to quantify the effect of the proposed zoning on traffic due to the almost infinite combination of uses to which every unbuilt parcel of land could be put. It is also not possible to quantify the effect of the proposed zoning on the Town's coastal waters. Non-zoning factors, such as road runoff and nutrient loading from lawn fertilization and existing septic systems would tend to have a much greater effect. On the subject of groundwater, it is possible to estimate the impact of development to the groundwater system. The Master Plan addressed the subject to some degree and determined that two-acre zoning is the maximum density that can be built over groundwater recharge areas while maintaining a satisfactory quality recharge. The issues of wetlands and natural resources protection are ~o[e germane to environmental quality regulations for the preservation of the resource than to zoning. Municipal infrastructure and economy are more properly addressed in the Master Plan itself. Congestion and traffic on Main Road requires a detailed engineering review not possible in a GElS for a town-wide re-zoning effort. Municipal cost analysis requires detailed economic modeling based on a large number of variables such as rate of growth, type of housing, employment distribution, agricultural and open space preservation that cannot be estimated at this time. Cost and impacts of public sewers are more properly the subject of a "201" study under the Federal Water Pollution Control Act. Affordable housing provisions have already been adopted by the Town. Support for rental apartments from the general public is needed before such apartments will become a reali ty. S41 I SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL COl\i5l'lTANTS & PlA.....NERS S41 __~L_ __ I I I I I I I I I I I I I I I I I I I 9. Franklin Bear: The Town Board and planning Board will be considering adopting the measures detailed in the Mitiqation Measures section of the GElS. l~. Alice Hussie: The Marine II District is recommended for the Mattituck Inlet and Sage Boulevard because of their waterfront locale and the water dependent and water enhanced uses in the Marine II District. The Village Lane, Orient site however was not originally recommended as Marine Business but rather Marine Recreational, and will be returned to the current designation for that zone, M-I. New development applications will be reviewed on their own merits with respect to the zoning district in which they are located and their potential for environmental impact. Calling for a limit on project size in the Hamlet District prevents an out-of-scale development from being proposed. However the limit needs to be set high enough to make affordable housing projects feasible. 11. David Winston: (Response was made at the Public Hearing) 12. Michael Zweig: The comments raised do not have relevance to the zoning amendments being proposed but to the Master Plan for the Town itself. Please see the responses to other comments on the subjects of roads, sewage, municipal services, etc. and the section of the GElS containing the Master Plan. What the GElS completely states is "...that quality of life that has been present in Southold for centuries will change immutably if the Town does not continue to strive for controlled, qualitv development." (Underlining indicates commentator's incomplete quote). That is the job of all boards including the Town Board. The M-I and M-II Districts are created in response to the concerns raised the the January and February 1987 hearings. Section 0-44 Wetlands has a ten page description of tidal and freshwater wetlands. See pages 18-28 of the draft GElS. S41 SZEPATOWSKI ASSOCIATES INC. S41 Section 1~0-215 of the proposed zoning amendments contains the minimum wetlands buffer requirement. Currently there is no minimum. ENVIRONMENTAL CONSL:LTANTS & PLA"'''''ERS 111-5 I I I I I I I I I I I I I I I I I I S41 I MiWSK' ASSOCIATES INC. 13. Thomas Lowry: The Hamlet Business designation on the proposed zoning map in New Suffolk for the two blocks is in agreement with the adopted Land Use Plan. 14. Jchn Wickham: The zoning district proposed for New Suffolk and Bayview in general have been recommended by the Planning Board. The Master Plan was adopted by the Planning Board in December of 1985. The currently proposed zoning amendments and map are now bein~ considered to imp.lement that Master Plan. 15. Freddie Wasberger: The formerly proposed M-II Cistrict designation for the foot of Village Lane in Orient, being on open bay front, fits the locational criteria for the M-II District. It is zoned Business B today, however, the Master Plan recommended the site to be Marine Recreational. The distinction between the uses proposed in the Master Plan ana in the zoning ordinance permits more intense ~ses to potentially locate on the Bite. The limited land area available here is felt to bp too limited to continue to propose it aB an M-IJ, thus i~ is now recommended as M-I. 16. Stephen Latson: More information is n~edpn tQ address specifically which 0t the M-I1 Districts are felt to be incorrectly zoned, hcweve:, it is r\:'l,; recommended that thE' !I--II District c.t the west end of F:~st ~d.]l RoaC: on Mat-titt:.~l~ Cre-r::k t.~ p;:(,:pcIE~e(;. an a::,".l ~1.'I Dj.~trict. Providing acreA9~ for open space wouia be tne purpose of an opEn space &cquisiticn program. A zoning ordinance cannot by itself provide for open space. 17. Ms. Spates: The Tcwn Board welco~es the vulunteer spjrit. ENVIRONMENTAL CONSL'lTANTS & PLANNERS III-6 I I I I I I I I I I I I I I I I I I S41 I S4iWSKI ASSOCIATES INC. ENVIRONMENTAL CONS"'T"TS & Pl''''RS SECTION III-B. RESPONSE TO SUBSTANTIVE WRITTEN COMMENTS RECEIVED DURING THE PUBLIC COMMENT PERIOD I I I I I I I I I I I I I I I I I I Response to James G. Gibb letter of 5 April 88 The section on Cultural, Historic and Archaelogic Resources of the Town from the Master Plan Update - Backqround Studies for the Town of Southold in March of 1984 has been reprinted in Section I.B. The process of historic and archaelogic documentation is included in the discussion reprinted. Response to Fishers Island Conservancv, Inc. letter of 25 April 88 The Town's environmental quality review prov1s1ons are contained in Chapter 44 of the Town Code and are not the subject of currently proposed amendments to Chapter 199. Response to New York State Department of State letter of 25 April 88 The Description of amended to include in Southold. This of the FEIS. the Environmental Settinq in the GElS will be the 18 Significant Fish and Wildlife Habitats amendment has been reprinted as Section I.C. The Town will give strong consideration for adopting each of the mitigating measures set forth on pages 53 to 69 of the GElS. Response to J. Kevin McLauqhlin letter of 26 April 88 et al Your request for a different zoning classification has been reviewed and the zoning classification proposed remains as proposed. Response to Christopher Kellev letter of 12 Mav 88 Your amended proposed alternative zoning for Young's Marina will be considered. Response to Joseph Hall NYSDEC Reqion I letter of 17 Mav 88 The NYSDOS has commented on the proposed zoning State's Coastal Management Program. No adverse Greenport's LWRP was included in the comments. relative to the impact to S41 I MiwSK' ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS & PLAr\jNER5 1II-7 I I I I I I I I I I I I I I I I I I S41 I SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONIC""" & PlA"'R\ S41 SECTION III.C. PROPOSED TEXT REVISION I I I I I I I I I I I I I I I I I I S41 I SZEPATOWSKI ASSOCIATES INC. S41 PROPOSED TEXT REVISION An oversight in the M-II District regulations on transient hotels and motels with respect to a maximum density on guest unit with either public water or sewer being absent has been corrected by the text revision below. This revision parallels the requirements in the Resort Residential District. Section 100-121 B(3) of the text contained in the draft GElS should be amended by adding the underlined phrase: "(3) Transient hotels or motels subject to the following conditions: (a) The m~n~mum area for such use shall be not less than three (3) acres. (b) The number of guest rooms permitted in the hotel or motel shall be determined by, (l)the proportion of the site utilized for such use, and (2) the availability of public water and sewer. The maximum number of guest units shall be one (1) unit per four thousand (4,000) square feet of land with public water and sewer, or one (1) unit per six thousand (6,000) square feet of land without public water or sewer." The added provision thus includes a zoning cap on the density of such units. Individual site assessments will to determine further limitations that may be required by environmental conditions or by the imposition of Suffolk Health Department water supply and sewage treatment. be made local County ENVIRONMENT Al CONSL'l T.~~ T5 & PLA~""ERS 1II-8