HomeMy WebLinkAboutCommunity Preservation Project 2008 Update TOWN OF SOUTHOLD
COMMUNITY PRESERVATION PROJECT PLAN
August/September 2008 UPDATE
Adopted by Local Law No. 13-2008 on September 23, 2008
Filed with NYS Department of State - State Records & Law Bureau
October 3, 2008
TOWN OF SOUTHOLD
COMMUNITY PRESERVATION PROJECT PLAN
August/September 2008 UPDATE
Town of Southold
Town Board Members
Supervisor Scott A. Russell
Louisa P. Evans
Thomas H. Wickham
Albert J. Krupski, Jr.
Vincent Orlando
William Ruland
TOWN OF SOUTHOLD
COMMUNITY PRESERVATION PROJECT PLAN
August/September 2008 UPDATE
Prepared by
LAND PRESERVATION DEPARTMENT
Melissa Spiro
Land Preservation Coordinator
CENTRAL DATA PROCESSING
John Sepenoski
Technical Coordinator
For additional information, contact:
Melissa Spiro, Land Preservation Coordinator
Southold Town Land Preservation Department
(631) 765-5711
Executive Summary for August/September Update to List of Eligible Parcels
Prepared by Melissa Spiro, Land Preservation Coordinator
August 26, 2008
On September 23, 2008, the Town Board adopted an update to the Community Preservation
Project Plan (CPPP) List of Eligible Parcels. The update included the following:
· The addition of 5 parcels, totaling approximately 24.07 acres, to the existing List of
Eligible Parcels.
· The deletion of parcels which have been preserved using various preservation methods.
· Corrections, where applicable, of Suffolk County Tax map numbers for parcels
included on the existing List of Eligible Parcels.
The Town's List of Eligible Parcels is now known as the August/September 2008 List of
Eligible Parcels. This list replaces the January 31, 2006 List of Eligible Parcels. The text of the
Community Preservation Project Plan remains as originally adopted, with the
August/September 2008 List of Eligible Parcels and with changes to the three (3) cover sheets:
title page, page noting names of Supervisor and Town Board, and page noting who prepared
update and contact person.
Statistics pertaining to the Town's Community Preservation Project Plan as of
August/September 2008
The Community Preservation Project Plan August/September 2008 List of Eligible
Parcels contains 971 parcels, totaling 10,086 acres. The parcels are shown on the
Community Preservation Project Plan August/September Update Map.
· The Community Preservation Project Plan January 2006 Update Map shows 773
parcels, totaling 10,319 acres as existing protected parcels.
Since the adoption of the Community Preservation Fund (2% real estate transfer tax),
the Fund has been used to partially or totally fund 87 acquisitions, totaling over
1,480 acres. The Town's share of the land acquisition costs (some projects were
partnerships with Suffolk County) was approximately $52.8 million dollars.
· Since its inception, the Community Preservation Fund has raised over 54.7 million
dollars to date.
Table of Contents
III.
IV.
Introduction ........................................................................... 1
The Planning Framework ............................................................ 2
How the Map and List of Eligible Parcels Was Developed ........... 2
An Overview of Existing Preservation Efforts Within the
Township of Southold .................................................... 3
The Preservation Protection Strategy ............................................. 5
A Description of the Priorities ............................................ 5
The Mechanisms Whereby Voluntarily Offered Parcels Will Be
Acquired .................................................................. 6
A Case Study: Fort Corchaug at Downs Farm Preserve ............. 7
Alternative Conservation Tools: A Description of the Different
Procedures Whereby Land Can Be Preserved and Protected Within The
Town of Southold ................................................................. 8
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
Conservation Easement .................................................... 8
Purchase of Development Rights ......................................... 9
Transfer of Development Rights .......................................... 9
Tax-Exempt Installment Sale ............................................. 9
Bargain Sale ................................................................. 9
Like-kind Exchange (IRC 2031) ....................................... 10
Limited Development .................................................... 10
Family Limited Partnership .............................................. 10
Charitable Remainder Trust .............................................. 10
Land Donation ................................................................ 11
Fee Acquisition ............................................................ 11
Regulations/Zoning ........................................................ 11
Map and List of Eligible Parcels .................................................. 14
Appendix: ............................................................................ 15
Public Participation Element .............................................. 16
Planning Framework: Program Description ............................. 17
A Case Study: Fort Corchaug at Downs Farm Preserve .............. 20
I. INTRODUCTION
The Peconic Bay Region Community Preservation Act was signed by New York State's
Governor, George Pataki on June 22, 1998. This legislation created a mechanism
whereby the Town of Southold may establish a fund financed solely by revenues from a
real estate transfer tax to be levied on certain types of real estate transactions within the
Town. Use of the funds is limited to implementing a strategic plan -the Community
Preservation Project Plan, the details of which are spelled out in this document.
This document, hereafter referred to as The CPPP, identifies how the Town intends to
preserve or protect properties that are integral to the unique community character of
Southold. The Preservation Act specifically provides for the preservation and protection
of specific types of land, to wit:
Open space and agricultural lands
Parks, nature preserves, recreation areas
Lands of exceptional scenic value
Fresh and salt water marshes, wetlands
Aquifer recharge areas
Undeveloped beachlands or shorelines
Wildlife refuges with significant biological diversity
Unique or threatened ecological areas
Natural, free flowing rivers or river areas
Historic places and properties, whether listed on the New York State Register of
Historic Places or protected by municipal law
Any of the aforementioned types in the furtherance of a greenbelt.
As required by the Preservation Act, the purpose of this document is multi-fold. It
explains how the Town developed the listing of properties that will be eligible to
participate in this program. It indicates which types of properties should be given highest
priority for either preservation or protection. It provides a description of the many
alternative mechanisms the Town can (and may) use to protect or preserve specific
properties in cooperation with their owners. And, finally, it presents a map and a
companion listing of eligible parcels that should be preserved or protected through the
use of Community Preservation Project Funds. This document shall be valid for a period
of three years beginning in November of 1998, provided the voters of Southold Town
adopt it by referendum.
In short and in essence, this document is a guide intended for interested land owners
who voluntarily chose to work with the Town to preserve and protect privately-
owned real estate assets in a way that benefits the community-at-large as well as the
owner. This document is to be used by the Town Board and the Community
Preservation Fund Advisory Board as defined by Chapter 6 of the Town Code:
Community Preservation Fund. The Advisory Board is charged with advising the Town
Board on the use of monies from the Community Preservation Fund and on the manner
Town of Southold CPPP Page 1
and type of preservation and protection actions that should be used for specific parcels
that may be offered voluntarily by their owners.
II.
THE PLANNING FRAMEWORK:
A. How the Map and List of Eligible Parcels Was Developed.
B. An Overview of Existing Preservation Efforts Within the Township
of Southold
A. How the Map and List of Eligible Parcels Was Developed.
The Map and List of Eligible Parcels was derived in a two-part process. The initial map
and listing was created by staff members of the Planning and Data Processing
departments using a Geographic Information System. A preliminary map was developed
showing all parcels ten acres or larger. The majority of these parcels were agricultural
properties. Some of the parcels, however, were sites of unique ecological or scenic value.
Many of these parcels already had been placed on the town's Priority A Acquisition List
by resolutions of the Town Board. The parcel review process was then expanded to
include parcels of less than ten acres and these properties subsequently were added to the
map.
Town personnel, advisory committees and members of various civic, environmental,
business and community organizations were invited by the Town Supervisor to review
this preliminary map, both for accuracy and to suggest additional parcels for inclusion or
deletion. Working sessions and information meetings were held on July 1, 1998, July 14,
1998, July 20, 1998 and July 25, 1998 (Fishers Island only). Over 70 people attended
these sessions. They represented Town departmental staff, Town advisory committees,
civic, environmental, business and community organizations.
To assist in this process, the working map was designed to show all properties within
Southold that were considered to be protected. For the purposes of this document,
protected lands were defined as meeting one of the following criteria:
· / Owned (in whole or part) by federal, state, county or town government
~' Owned or held in trust by the Peconic Land Trust
,/ Owned or held in part (by easement) by The Nature Conservancy
· /Clustered open space collectively owned by residents within a respective
subdivision
,/' Park district properties
~' Owned by public schools or used as a cemetery
Throughout the public participation process, staff worked with other Town personnel to
try to ensure that the List of Eligible Parcels also met with the objectives of several long
range planning initiatives that have been undertaken by Southold Town over the past
several years. We sought to include those parcels whose preservation and protection (in
Town of Southold CPPP Page 2
whole or in part) were felt to be important to the successful preservation of the
community's character: whether ecological, historical, scenic, cultural, recreational or
economic. Many of these parcels had been identified previously as noteworthy of public
acquisition in a Priority B Acquisition List, which essentially was a working document
used by Planning and Community Development staff to keep track of properties thought
to be in need of preservation or protection of some sort.
The net result of all the meetings is that the map's accuracy was improved, parcels were
added and the public's understanding of the legislation was furthered. Planning staff and
the Land Preservation Committee Chairman reviewed the proposed additions to ensure
their eligibility under the legislation. Only a few inappropriate or ineligible properties
were deleted from this Map.
On August 12, 1998, a public information meeting will be held on Fishers Island to be
followed by a public hearing of The CPPP on August 18, 1998 at Town Hall. By that
time, all property owners whose properties have been nominated for inclusion on the List
of Eligible Properties should have received a letter from the Supervisor notifying them of
this. The letter will include information about the Peconic Bay Region Community
Preservation Act of 1998, The CPPP, and the dates of the August public meetings.
Notes:
1.
In developing the Map for The CPPP, it should be understood that the GIS
generated map is an improved version of the Suffolk County Real Property Tax
Service Agency Map (Copyright 1997 County of Suffolk). Given the short time
frame between the day the legislation was signed into law by the Governor and
the deadline for completing this document in time for the public referendum vote,
reasonable attempts were made to ensure the accuracy of the Suffolk County Real
Property tax map numbers. Since there is a lag between the day new deeds are
filed and the actual redrawing of the tax maps (along with the reassigning of new
numbers) by Suffolk County Real Property, we chose to use the Map itself as the
principal point of reference rather than the listing of tax map numbers. The Map
is the most accurate representation of property lines available to us, and it reflects
the Town's updating of the County database through to July 30, 1998.
See Appendix A for copies of material related to the public participation process
described here, including the letter sent to owners of eligible properties.
B. An Overview of Existing Preservation Efforts Within the Township of Southold
The design of this Plan (the properties deemed to be eligible, the recommended method
of preservation or protection and the types of properties that should be given priority or
preference) depends on an understanding of the Town's current long-range strategy for
itself. At present, several planning initiatives and programs are in operation within
Town of Southold CPPP Page 3
Southold Town. Some are in development, others were written years ago, but continue to
influence present day decisions. They include federal, state, local, grassroots and
foundation-funded efforts. Together, these programs provided the rationale for the Map
and List of Eligible Properties. (A brief description of each of these programs is provided
in Appendix B)
Long Island Sound Coastal Management Program
New York State Coastal Nonpoint Source Pollution Control Program
The Long Island Sound Study
Long Island Sound Historic Centers of Maritime Activity
The Peconic Estuary Program
The Long Island Comprehensive Special Groundwater Protection Area Plan
Report of the East End Economic and Environmental Task Force
Town of Southold Comprehensive Plan
Stewardship Task Force Report and Recommendations
Fishers Island Growth Plan
Fishers Island Watershed Protection Standards
Seaview Trails of the North Fork: An Alternative Transportation Initiative
Scenic Byways Corridor Management Program
Agricultural Land Preservation Program
Open Space Preservation Program
Recreational Facilities Planning and Maintenance
Ground Water Protection and Drinking Water Supply Management Plan
Watershed/Surface Water Protection Program
Resource Protection/Enhancement Program
Habitat Maintenance and Restoration Program
Coastal Erosion Study and Mitigation Plan
Local Waterfront Revitalization Program
Harbor Management Program
In addition to these aforenoted programs, the Town took into account the priority
properties listed in the New York State Open Space Plan for 1997.
As of July 1998, the Town's protected lands consisted of 500 parcels encompassing 6545
acres of land, slightly more that 19% of the total upland area of the Township (NOT
including its extensive underwater holdings). The estimated upland acreage is more than
34,000 acres, of which about 9820 acres are thought to be in agricultural use.
A quantifiable amount of this land was purchased for the express purpose of protecting
the community's character whether it be in the form of farmland, open space, scenic
vistas, parks and recreation areas, historical sites, stormwater retention swales or
groundwater recharge sites. The longest running preservation and protection initiative of
the Town has been that of agricultural land preservation.
Since 1983, with the passage of its first local bond act to acquire the development rights
to farmland, Southold Town has spent more than 7.25 million dollars to purchase the
Town of Southold CPPP Page 4
rights to more than 680 acres of prime agricultural land within the Town. Bond issues
were approved in 1983, 1987, 1994, 1996 and 1997. Another issue is slated for voter
review on this November's ballot.
The Town's aggressive preservation record was a factor in its receiving a federal grant of
$100,000 in 1996 and a state grant of $165,000 in 1998 to further its work in this area.
Since the Land Preservation Committee is a voluntary group, advisory to the Town
Board, the administrative costs of the Town's purchase of development rights program
has been almost nil.
The County of Suffolk's purchase of development rights program has been in existence
since 1974 and has been responsible for the preservation of about 1200 acres of farmland
within the Town.
in recent years, the Town (specifically the Town Bard, the Land Preservation
Committee and the Planning Board) has worked closely with third parties such as The
Peconic Land Trust and The Nature Conservancy. Such collaborative efforts have been
most effective in certain situations where the purchase of development rights was further
enhanced by conservation easements secured on adjacent lands. This approach has
effectively leveraged the Town's limited financial resources so that more land was
preserved or protected at less cost to the Town.
The ongoing program will be conducted much in the same manner as in the past with one
significant change. In 1998, the Town retained the services of The Peconic Land Trust to
assist with the growing workload, and also to expand its ability to leverage available
funds to preserve and protect more land at less cost.
III.
THE PRESERVATION/PROTECTION STRATEGY:
A. A Description of the Priorities
B. The Mechanisms Whereby Voluntarily Offered Parcels Will Be
Acquired
C. A Case Study: Fort Corchaug at Downs Farms Preserve
A. The Priorities: Types of Properties which will given preference
The Town's longstanding priority has been the preservation and protection of its
prime agricultural properties. That emphasis continues in The CPPP.
However, the Town also recognizes that there are other important priorities,
which were determined by the programs described in Section II: Planning
Framework. Further, many properties noted on the Map and List of Eligible
Parcels meet more than one criterion for eligibility. In order to maximize its
limited resources, the Town will seek to select for preservation and protection
Town of Southold CPPP Page 5
those parcels, which will provide the greatest public benefit. For this reason, a
threatened parcel with multiple values will be given high priority.
However, the voluntary nature of the program means that the Town will be
limited to applications put before it by interested landowners. Therefore, the
ranking of parcels necessarily will be a relative one based on the parcels before it
at any given time. To further complicate matters, some eligible parcels may be
capable of sustaining limited development on part of the land without
compromising the key values that caused it to be placed on the Map and List of
Eligible Parcels. In these cases, the Town may wish to rank these parcels
differently, opting perhaps for partial purchase of the whole site.
Given this situation, the Town has chosen to take a flexible approach to
determining how each parcel will be best preserved or protected. The next section
describes the mechanisms whereby the Community Preservation Fund Advisory
Board (hereafter referred to as the Fund Advisory Board) will review each
application before it.
B. The Mechanisms
The Fund Advisory Board has several options whereby it may review applications
by landowners to preserve and protect their properties under this program. As
described in more detail in Section IV. Alternative Conservation Tools, the Town
already provides some tools for the preservation and protection of sensitive
parcels. For example, the purchase by the Town of development rights from
active agricultural land has been utilized extensively and continuously since 1984.
We intend to continue using this approach in appropriate situations.
As mentioned earlier, the Town would like to maximize or leverage the Fund's
resources to the greatest extent possible. In situations where the preservation or
protection of an eligible parcel may result in multiple benefits, the use of certain
conservation and land use tools, or combinations thereof, may be necessary in
order achieve the maximum set of benefits. Since this is a voluntary program, it
is reasonable to assume that the average landowner will be looking for a
financially feasible way to protect both the land and the community character. In
these cases, the primary method whereby the Fund Advisory Board will review
most properties will be through the Conservation Opportunities Process. The
Opportunities Process as described below will provide the landowner will
valuable information to help him/her maximize the benefits of land preservation
to him/herself as well as the community.
Conservation Opportunities Process'
The main concept behind the Opportunities Process is to define the values that
should be protected on a specific parcel so as to provide the landowner with a
Town of Southold CPPP Page 6
range of options that might best meet dual goals: preservation or protection of the
land and estate planning needs.
The process itself is a follows: A Base Map is prepared which consolidates all
existing information about the property. Data soumes may include a survey and
an aerial photograph. From this map, an Environmental Conditions Map is
derived which shows the types and location of different soils, the topography, the
location of wetlands and other significant natural features. These maps are
reviewed with the landowner so that areas to be protected and to be considered for
limited development can be identified. Once the landowner has determined which
portions of his/her property will be preserved or protected from development and
which portions, if any, are to be developed in a limited fashion, these decisions
will be graphically defined in a Conservation Opportunities Plan.
The Opportunities Plan may be prepared by the landowner, the Fund Advisory
Board or a third party. It will be reviewed by the Fund Advisory Board. At that
time, any inconsistencies between the goals of the landowner and the Town will
be discussed and mediated.
When a consensus is reached between the Town and the landowner, a final
Conservation Opportunities Report will be prepared. The Report will include
appraisals, which will identify the values of development or other rights of the
subject parcel that may be purchased by the Town from the Community
Preservation Fund. The case study described in the next section provides
additional details about how this process can work.
Co
A Case Study: The preservation project known as "Fort Corchaug at
Downs Farm Preserve".
At a time when development pressures have increased dramatically in the Town
of Southold, the "Fort Corchaug at Downs Farm Preserve" project illustrates the
benefits of following the Conservation Opportunities Process. This recent
successful collaboration involved the good faith dedicated effurts of private
citizens, nonprofit organizations, and Southold Town, Suffolk County, and New
York State governments. In the end, the goals of the private landowner and the
community were met: to preserve the character and the natural and historic
resources of the site.
This significant site, located along the shore of Downs Creek in Cutchogue,
contains 105 acres of scenic woodlands and wetlands and productive farmlands,
within which are found the archeological remains of an important Long Island
Native American fort site. Sufiblk County and Southold Town first considered
this property for public acquisition in 1991, at a projected cost of $3 Million. This
effort ended in frustration by all parties. Six years later, Southold Town achieved
success in partnership with the landowner, Suffolk County, the Peconic Land
Town of Southold CPPP Page 7
Trust and other private organizations and individual citizens, who assembled the
purchase funds of $2.5 Million and created the transaction as follows:
· The Town purchased 51 acres of the site, encompassing the Downs Creek
wetland shoreline, the woodlands and the historic fort site. The $1.2 Million
cost was satisfied with $1 Million of the Town's open space funds and
$200,000 provided by the New York State Office of Parks, Recreation and
Historic Places.
· Charitable contributions enabled the Peconic Land Trust to purchase the
remaining 54 acres, of which it then sold 35 acres of farmland development
rights to Suffolk County. A conservation easement-covenant was placed on
the remaining 19 acres, which were then sold with the 35 acres of dedicated
farmland, to a new landowner.
· The Town subsequently granted a conservation easement to the Peconic Land
Trust, further protecting the natural and archeological values of the 51 acres.
The collaborative Conservation Opportunities ?lanningprocess transacted for
this 105 acre site, met all of the desired goals and requirements of all the parties
contributing to the preservation project, with considerably reduced acquisition
costs and income tax consequences.
Appendix C contains maps applicable to this case study.
IV.
ALTERNATIVE CONSERVATION TOOLS: A Description of the Different
Procedures Whereby Land Can Be Preserved and Protected Within The
Town of Southold
Conservation Easement - A voluntary agreement between a landowner
and a charitable conservation organization or the Town to restrict the use
of land in perpetuity. Easements convey a portion of a property owner's
"bundle of rights' to a qualified recipient.
For example, an easement may restrict land or a portion thereof from
subdivision, construction, or other alterations to the property in a specified
manner. Such restrictions may protect significant natural, agricultural,
and/or historical features of the property. While conservation easements
do not permit public access, they provide for the protection of
environmental, agricultural, scenic, and historic resources at no cost to the
Town. This flexible tool protects land while leaving it in private
ownership. It can make a critical difference in a family's ability to pass
land fi.om one generation to the next by reducing the value of land for
estate tax purposes. The donor may also be entitled to a charitable girl
equal to the difference in value of land before an after the easement
donation. Easements are very useful when used in combination with other
tools.
Town of Southold CPPP Page 8
Purchase of Development Rights - A development right is one of a
property owner's "bundles of rights.' It allows the construction of a
residence on one's property. Both the Town and Suffblk County have
Purchase of Development Rights (PDR) programs designed to protect
Farmland. Through these programs, landowners voluntarily agree to sell
all or a portion of their development rights to the municipality. The
municipality is able to protect land at a lower cost than outright
acquisition. The landowner is able to realize a portion of the equity in the
land, while reducing its value for estate tax purposes. The land and
remaining rights are still owned by the farmer.
Transfer of Development Rights - State law permits the Town Board to
authorize by local law the transfer of permitted residential development
rights from one parcel of land to another parcel of land within the same
school district, where such authorization shall be found to serve the
Town's Comprehensive Plan. This tool has been studied by the Town but
due to the nature and location of existing development, and the fragility of
the ecology within the Town, there are significant obstacles to
implementing it and at this point, limited benefits to be gained. If such a
program is added at some point in the future, a minimum requirement of
the CPP? would be that the land from which the development rights are to
be transferred must have characteristics that enable its permanent
preservation to fulfill specific resource conservation objectives. Examples
of these lands are wetlands, parks, prime farmlands, and aquifer protection
areas.
Tax-Exempt Installment Sale - In effect, a tax-exempt installment sale
represents a long-term contract (up to 30 years) to sell development rights
or land to a municipality. In its purest form, tax-exempt interest on the
sales price is paid on a semiannual basis during the contact period, with
the sales price paid in a lump sum at the end of the term. As such, both
the receipt of the sales price and payment of any capital gains tax are
deferred. Presently, special bonding requirements in New York State law
have made it difficult to structure installment sales unless a portion of the
principal is paid regularly during the term of the contract. It is important
to note that, should the landowner want to realize the full sales price prior
to the end of the term, the installment-purchase contract itself can be sold
by the landowner or his/her heirs to municipal bond investors. The
installment purchase contract enables the municipality to effect a land
acquisition with a much smaller initial outlay and provides time to raise
the funds needed for the balance.
Bargain Sale - A bargain sale is a conveyance of development rights or
land to a charitable conservation organization or municipality at less than
its fair market value. The seller may be entitled to a charitable girl equal
to the difference between the bargain sale price and the fair market value.
Town of Southold CPPP Page 9
For the conservation organization and the municipality, a bargain sale
results in savings of limited acquisition funds.
Like-kind Exchange (IRC 2031) - A like-kind exchange is a tax-free
transaction in which a landowner's property is exchanged for other
qualified like-kind property. Such an exchange can be fulfilled through a
sale of land or development fights as long as the proceeds of the sale are
reinvested in qualified business or investment property within a 6-month
period.
Limited Development - Limited development is the subdivision of land on
a reduced-density basis in a manner that is both economically rewarding to
the landowner and ecologically sensitive to the land. It integrates the
unique elements of an individual property (e.g. agricultural soils, natural
features) with the landowner's goals (e.g. estate planning, financial
objectives) and the real estate market of the local area to create an
alternative to traditional development. It is often used in conjunction with
conservation easements and other conservation tools.
Family Limited Partnership - A family limited partnership is a form of
ownership that can be used to facilitate the transfer of land and other
assets from one generation to another. Depending upon restrictions within
the partnership agreement, the value of land held by the family limited
partnership can be discounted by as much as 25% -35% for estate tax
purposes. The partnership consists of general partners who have full
authority to manage the business and affairs of the partnership as well as
limited partners who have no obligations or control over the partnership.
In the context of a family, one or more parents can be defined as general
partners while the children and other heirs can be limited partners.
Charitable Remainder Trust - A Charitable Remainder Trust is a
mechanism through which a landowner can achieve a stream of income
during his/her lifetime or other specified time period by donating as asset
(cash, securities, land, etc.) for the benefit of a charitable organization or
Town. The Charitable Remainder Trust manages the investment of the
asset with the income being distributed to the donor. Upon the death of
the donor, the principal is transferred to the charitable organization.
Land Donation - Under special circumstances, a landowner may want to
consider an outright donation of land. Land donated to a conservation
organization or Town may represent an excellent legacy for future
generations. Communities across the country are enjoying nature
preserves, recreation areas, and other open space today because of the
foresight and generosity of landowners who have made gifts of
appropriate portions of their holdings. Such a donation may provide the
Town of Southold CPPP Page 10
donor with a significant charitable deduction while removing a taxable
asset from an estate.
Fee Acquisition - In some instances, total preservation of the entire parcel
is the preferred option. In this case the entire bundle of rights may be
purchased resulting in the transfer of ownership of the parcel from the
landowner to the Town or a qualified non-profit conservation
organization.
Regulations/Zoning - State and local laws provide for a wide range of
legislation and regulations for use by municipalities for the purpose of
controlling land use. The following listing briefly describes existing local
legislation, which enables the Town to preserve and protect key land
resources within the community.
Town Code Reference: Description
Chapter 25: Agricultural Lands Preservation
Establishes provisions for the acquisition of development rights to
conserve, protect and encourage the improvement of prime agricultural
lands, both for the production of food and the preservation of open space.
Applies to all prime farmland within the Town.
Chapter 37: Coastal Erosion Hazard Areas
Allows for implementation and administration of Coastal Erosion
Management Program for the purpose of regulating new construction,
establishing standards and procedures for the review of erosion protections
structures and reducing coastal flooding and erosion. Regulates within 100
feet of the mean high water mark.
Chapter 56: Landmark Preservation
Establishes Landmark Preservation Commission and procedures to
preserve places, sites, structures and buildings of historic or architectural
significance. Protects locally significant sites through Local Designation
Process.
Chapter 59: Open Space Preservation
Establishes provisions for the acquisition of open space.
Chapter 97: Wetlands
Allows for protection, preservation, and proper maintenance and use of
tidal and fresh water wetlands. Defines Board of Trustees' jurisdiction
and responsibilities within 75 feet of designated wetlands boundary.
Town of Southold CPPP Page 11
Chapter 100, Zoning
Article II1: Agricultural-Conservation (A-C) District
Establishes provisions to reasonably control and, to the extent possible,
prevent the unnecessary loss of currently open lands within the Town
containing large and contiguous area of prime agricultural soils which are
the basis for a siguiflcant portion of the Town's economy.
Article XVIII: Cluster Development
Establishes provisions to encourage flexibility and innovation in the
design of residential development that cannot be achieved on many sites
through adherence to traditional zoning and subdivision regulations.
Clustering is required on lots often or more acres in the Agricultural-
Conservation (A-C), R-40, R-80, R-120 and R-400 Zoning
Districts. The application of the cluster development technique is intended
to achieve:
· Maximum conservation of land and protection of groundwater supply
and groundwater recharge areas;
· Preservation of agricultural activity;
· Variety in type and cost of residential development;
· Preservation of trees and outstanding natural features, prevention of
soil erosion, creation of usable open space and recreation areas and
preservation of scenic qualities of open space;
· A smaller network of streets and utilities.
Article XX1: Landscaping, Screening and Buffer Regulations
Establishes standards intended to enhance the appearance and natural
beauty of the town and to protect property values through preservation and
planting of vegetation, screening and landscaping material.
Article XXII: Farmland Bill o fRights
Protects farmers operating in accordance with applicable laws and
accepted practices from undue interference from adjacent landowners or
USerS.
Article XXK: Site Plan Approval
Allows for procedures and standards to encourage good design and to:
· Protect the established character and value of adjoining properties;
· Lessen and prevent traffic congestion;
· Prevent overcrowding of land or buildings;
· Secure safety from fire, flood and other dangers and provide adequate
light, air and convenience of access;
· Mitigate the environmental impacts of new development on the land,
air and water resources.
Town of Southold CPPP Page 12
Article XXXIII, Section 100-239. 4: Building setback requirements adjacent
to water bodies and wetlands
Establishes provision for setback requirements for all buildings located on
lots adjacent to water bodies and wetlands.
Chapter A 106: Subdivision of Land
Establishes provisions so that:
· Proper provision shall be made for drainage, water supply, sewerage and
other needed improvements;
· All proposed lots shall be so laid out and of such size as to be consistent
with the development pattern of the neighboring properties;
· All proposed streets shall be of such designed to accommodate the
prospective traffic and to facilitate fire and emergency protection;
· Proper provision shall be made for open spaces and recreation areas;
· The natural beauty of the town is conserved;
· An unusually detailed review shall be afforded to development plans for
waterfront property.
Town of Southold CPPP Page 13
V. List of Eligible Parcels: Community Preservation Project Plan
Town of Southold CPPP Page 14
Key to Classification Code:
A: open space, including agricultural lands
B: parks, nature preserves recreation areas
C: lands of exceptional scenic value
D: fresh and saltwater marshes, wetlands
E: aquifier recharge areas
F: undeveloped beachlands or shoreline
G: wildlife refuges with significant biological diversity
H: historic places and properties listed in NYS Register
of Historic Places and properties or places protected
by municipal law
I: unique or threatened ecological areas
J: natural, free-flowing rivers or river areas
K: any of the aforementioned in the furtherance of a
greenbelt
VI.
APPENDIX:
A. Public Participation Element
B. Planning Framework: Program Descriptions
C. A Case Study: Fort Corchaug at Downs Farm Preserve
Town of Southold CPPP Page 15
APPENDIX A. Public Participation Element
Town of Southold CPPP Page 16
TIME LINE FOR ADOPTION OF COMMUNITY PRESERVATION PROJECT PLAN
This timeline pertains only to the Plan itself, and not the Legislation which is being handled
by the Town Attorney.
June 26, 1998: Cimulate memo from Supervisor to all advisory committees and Town
offices regarding first open session to be held on July 1
Purpose of open session is to obtain internal input as a follow-up to
supervisor's June 11 th memo to all town offices/committees.
July 1, 1998: Open Session to review maps, to be held in Planning Offices/Conference
Room from 8 AM to 8 PM.
July 7, 1998: Presentation by "the Team' (Melissa, Dick, Valerie) to the Town Board on
the progress made to date. Presentation to include the draPt map and outline
of the plan document as per legislation. The time-frame for the next two
months also will be discussed at this time. Town Board to set Public
Information Meeting for July 22nd or 23'd.
July 14, 1998: Second Open Session to review maps. ?Invitation to be extended to outside
civic and business groups as well as to town committees?
July 22 or
July 23, 1998 Public Informational Meeting to Review Draft Map and Solicit Additional
Listings on Fishers Island
July 25, 1998 Public Information Meeting to Review Draft Map and Solicit Additional
Listings on Fishers Island
August 4, 1998: Town Board to set two public hearings for adoption of Plan document.
August 5, 1998: Day for letters to go out to affected property owners
August 12, 1998: Town Board hearing on Fishers Island
August 18, 1998: Town Board heating in Southold
September 1, 1998: Last day for Town Board to adopt plan.
Revised Version 7.2.98 AM
NOTES ON COMMUNITY PRESERVATION PROJECT PLAN
7/98
The Peconic Bay Region Community Preservation Act which was signed by Governor Pataki in June
created a mechanism whereby Southold Town may use real estate transfer taxes to acquire properties
critical to the preservation of agricultural land and open space within the township. The legislation requires
each town to adopt a written plan or strategy which outlines the properties that may be considered for
acquisition with the funds, and which explains the criteria that will be used to determine which properties
to preserve. Only properties listed in the Preservation Plan will be eligible for acquisition by the Town for
a three year period following its adoption. The owners of properties included within the Preservation Plan
will have the option of preserving their land if they so chose. As with the Town's and County's Purchase
of Development Rights programs, this proposed program will be a voluntary one: another tool for
landowners interested in protecting their land from development.
The Preservation Map presented at tonight's meeting is a draft which reflects the cumulative input of
Town personnel, advisory committees and various civic, environmental and community organizations.
The map shows 653 parcels encompassing 12,622 acres of land determined to be eligible for consideration
under the terms of the Community Preservation Fund.
( The total acreage of the Town is between 34 and 35 thousand acres (including underwater lands). The
approximate number of discrete parcels is over 18 thousand.)
The DRAFT Preservation Fund legislation specifically provides for the establishment or preservation of
the following types of land:
· parks, nature preserves, recreation areas
· open space, including agricultural lands
· lands of exceptional scenic value
· fresh and saltwater marshes, wetlands
· aquifer recharge areas
· undeveloped beachlands or shoreline
· wildlife refuges with significant biological diversity
· unique or threatened ecological areas
· natural, free-flowing rivers or river areas
· historic places and properties listed in NYS Register of Historic Places and properties or
places protected by municipal law
· any of the aforementioned in the furtherance of a greenbelt
· Pine Barrens
· Rivers in a natural free-flowing condition
At present, this map shows in green all protected land, that is:
owned by federal, state, county and town govenunents,
owned or held in trust by the Peconic Land Trust,
owned by the Nature Conservancy,
clustered open space collectively owned by residents within subdivision,
park district properties
land used for schools and cemeteries.
The total number of protected parcels is 467 encompassing 6,312 acres of land: approximately 18% of the
total upland area of the Town.
This Map will be refined within the next two to three week period. In the meantime, Valerie Scopaz, Town
Planner, Richard Ryan, Chairman of the Land Preservation Committee and Tim Caufield of the Peconic
Land Trust will collaborate in putting together the draft text of the Community Preservation Project Plan as
required by the State legislation. This text will be completed prior to the public hearing in August to
provide adequate time for public review and comment.
Re: SCTM #: ((SWIS~ ((PRTKEY)~
Dear Landowner:
In November, voters will be asked to establish a Community Preservation Fund for Southold Town. The Town would
use the money in this fund to acquire and preserve properties of landowners that want to voluntarily keep their land from
being further developed. The money will come from a real estate transfer tax of two percent (2%) of the value of real
estate sales over $75,000 for vacant land and over $150,000 for improved property. Sales of vacant land valued under
$75,000 and of improved property valued under $150,000 would be exempt from the transfer tax. Certain other sales for
land preservation or agricultural purposes would also be exempt.
Prior to the voter referendum, the Town is required to adopt a Community Preservation Project Plan (CPPP) which
includes all properties that may take advantage of this program. The purpose of this letter is to advise you that your
property has been placed of the list of eligible properties. The inclusion of your land in this Plan means that if you wish
to protect or preserve your property from full or partial development you would be eligible to do so through the CPPP
program. The option is yours. Should you decide to sell or develop your land instead, you will still be able to do so
pursuant to your rights under current zoning.
The transfer tax money that will be placed into the Town's Community Preservation Fund will come from real estate
transactions within the Town of Southold. It will be used for the protection and preservation of farmlands, open space,
wetlands and groundwater recharge areas, beach and recreation areas and similar resources that benefit the character of
our community.
Again, the inclusion of your property in this Plan does not obligate you in any way, nor does it impose any limitation on
use. Instead, it provides you with an option that otherwise may not be available. As you and your family consider the
future use, ownership and management of your land, this program will provide you with an opportunity to protect the
open space/agricultural value of your land for future generations and at the same time, maintaining the faming/open
space/maritime character o four Town.
If you have any questions about this program, please consider attending one of the public meetings noted herein, or call
the office of the Supervisor at
765-1889.
August 12, 1998: Town Board Informational Meeting: 1:45 p.m. at Fishers Island School
August 18, 1998: Town Board Public Hearing: 8:00 p.m. at Southold Town Hall
Sincerely,
Jean Cochran
Supervisor
APPENDIX B. Planning Framework: Program Descriptions
Long Island Sound Coastal Management Program (LISCMP)
Prepared by the New York State Department of State in 1994, this draft plan reflects the
conservation and development issues of the Long Island Sound coast. The
recommendations include improving public access, protecting natural resources,
improving quality of ecological systems, and enhancing community character.
Long Island Sound Historic Centers of Maritime Activity
The above-noted program identified 17 historic centers of maritime activity, three of
which were in the Town of Southold. These are Mattituck Inlet on the Sound, and
Orient-Oyster Ponds and the Village of Greenport on Peconic Bay. The State
recommended preserving and enhancing these centers.
New York State Coastal Nonpoint Source Pollution Control Program
This program recommends a pollution management strategy that will result in an overall
decrease in environmental pollution from non-point sources such as stormwater runoff.
The Long Island Sound Study (LISS)
This estuarine management study of Long Island Sound started in 1985 and is under the
aegis of the U.S. Environmental Protection Agency. Among other things, the study
recommends habitat restoration and control of water pollution from land uses along the
shoreline of the Sound.
The Peconic Estuary Program (PEP)
The focus of this program is on estuarine management of the Peconic Estuary. In effect
since 1992, this program is developing a number of recommendations to minimize the
detrimental impacts of some land uses on estuarine resources.
The Long Island Comprehensive Special Groundwater Protection Area Plan
Completed in 1992 by the Long Island Regional Planning Board, this plan recommends
protection and conservation of groundwater through careful stewardship of the watershed
contributing to that supply. Specific measures were suggested for Southold's small and
vulnerable groundwater supply.
Report of the East End Economic and Environmental Task Force
Written in 1994 by a 49 member volunteer task force whose members were drawn from a
wide range of fields of expertise, this report stressed the importance of conserving the
East End's environmental quality because it is the base of the region's primary economic
activities.
Town of Southold Comprehensive Plan
Originally developed in the late 1960s, this plan was modified in the med 1980s. It
advances "the Town's interest in preserving and enhancing the natural and built
Town ofSouthold CPPP Page 17
environment and providing opportunities for a level of growth and expansion of the
economic base that is compatible with the existing scale of development, availability of
water, existing sensitive environment of the Town and its historic heritage."
Stewardship Task Force Report and Recommendations
In response to an observation by the US/UK Stewardship Exchange Team in 1991, the
Town established a Stewardship Task Force to suggest actions to implement the Town's
Vision. The Task Force's 1994 Report made thirty recommendations to enhance the
quality of life within the community through the preservation of farmland, open space,
historic character and the environment.
Fisher Island Growth Plan
Written in 1984, this plan was updated in 1987 and 1994. It emphasizes the importance
of protecting the Island's unique environment.
Fishers Island Watershed Protection Standards
In 1997, the Suffolk County Department of Health Services and the County Department
of Planning made several recommendations to protect the drinking water supply of
Fishers Island.
Seaview Trails of the North Fork
In 1995, the Southold Town Transportation Committee proposed a comprehensive
recreational trail network throughout the Town. Walking, biking and kayaking trails
were designed to interface with existing parks, waterfront access and areas of great scenic
beauty. Under construction, it is hoped that the network eventually will include off-road
trails.
Scenic Byways Corridor Management Plan
Due to be completed during the fall of 1998, this plan is a pilot project of the New York
State Department of Transportation. It is designed to identify and protect scenic vistas
from public byways, thereby helping to preserve community character.
Agricultural Land Preservation Program
Since the 1970's, County and Town purchases of development rights from farmland have
resulted in the preservation of nearly 2000 acres of agricultural land from development.
Both programs continue to purchase development rights from landowners wishing to sell
those rights.
Open Space Preservation Program
The Town has worked to leverage its own funds through federal, state and foundation
grants to purchase a number of properties throughout the Town, many on the waterfront.
Some of these properties have been developed into full-fledged recreational facilities.
Others, such as Fort Corchaug at Downs Farm Preserve, are going to be carefully
managed so as to protect key resources.
Town of Southold CPPP Page 18
Recreational Facilities Planning and Maintenance
The process of planning and maintaining recreational facilities has identified the need for
additional facilities and properties.
Ground Water Protection and DrinMng Water Supply Management
The Town has contracted with the Suflblk County Department of Planning to help draft a
strategy to protect the quality of the water supply and to deal with public water supply
issues. Scheduled for completion in late 1998, this report will address issues of concern
to the Town and the Suftblk County Water Authority.
Watershed/Surface Water Protection Program
For more than a decade the Town has worked to reduce the introduction of stormwater-
borne pollutants into its creeks and bays. In recent years, the scale of these projects has
increased as Town resources were augmented by federal and state grants. Most of the
trouble spots have been identified and prioritized.
Resource Protection /Enhancement Program
The Town's clam seeding program has been an ongoing success. Projects are continually
undertaken with federal, state and university research assistance. Projects are defined on
an ongoing basis depending on the results of research and the success of previous
projects.
Habitat Maintenance and Restoration Program
Projects undertaken typically reflect recommendations of Long Island Sound Study and
Peconic Estuary Program insofar as targeting critical areas in need of protection.
Coastal Erosion Study and Mitigation Plan
This Study covers the Long Island Sound shorefront from Mattituck to Horton's Point in
Southold. The shoreline is being monitored to assess the impact of existing erosion
control structures on persistent erosion problems.
Local Waterfront Revitalization Program
Harbor Management Program
The Town is in the process of completing a draft of this program which incorporates the
entire township. A Harbor Management Program will be incorporated into the final
program.
The Village of Greenport has its own program which was adopted in 1988 and amended
in 1996. In 1998, the Village also completed a Harbor Management Plan which made
specific recommendations geared to the preservation and protection of key harbor
resources, particularly compatible redevelopment of vacant or under-utilized waterfront
properties.
Town of Southold CPPP Page 19
APPENDIX C. A Case Study: Fort Corchaug at Downs Farm Preserve
Town of Southold CPPP Page 20
FULL DEVELOPMENT - CLUSTERED
ALTERNATIVE DEVELOPMENT PLAN
Young & Young
INDIAN SHORES
'T'
BASE MAP
o 2 ~
%
!
!
Downs Farm P'~sorve
ENVIRONMENTAL CONDITIONS MAP
o ~
51.00 · acres
"Fort Corch~u~"~,
Downs Faun Preserve CONSERVATION OPPORTUNI'i'lnS PLAN
Town of Southold
Community Preservation Project Plan
August/September 2008 Update
Green Indicates Parcel A~ready Protected'*
*Protected = Town/County/State Owned, Town/County Development Rights, Pecenic Land Trust,
Nature Conservancy, Subdivision Open Space, Park Subdivision, Schools, Cemeteries, Park Districts
Special Note: Owners of properties listed in the Community Preservation Project Plan are not
obligated in any way to sell their property or otherwise participate in the plan. However, onty
those properties listed in this Plan will be eligible.
Participation is 100% voluntary.
Map Prepared by
Town of Southold
Geographic Information System
August 27, 2008
Suffolk County Rea{ Property Tax Service Agency
GIS Basemap COPYRIGHT 2008, County of Saffolk, N,Y.
Plum Island
Fishers Island