HomeMy WebLinkAboutTDR Public Hearing on Draft GEISRECEIVED
Town Board on Budget Cuts and TDRs.
JUI,~ 1 9 2O09
~outholrl Town Clerk
I know down-planning is uncomfortable so 1 would like to convey my appreciation of
your courage to do so. It is necessary. Taxpayers can afford only a certain number of
servants and the costs of the established trends have increased and widened the gap
between the public and private sector. We taxpayers have to re-learn to get things done
with less government help. Priorities must be set and reduction steps must be taken at all
levels of government. Thanks for moving in that direction in Southold Town.
Recently you discussed Transfer of Development Rights (TDRs). Maybe some good
could come from expanding the TDR program at this time, but doing so is not without
risk or cost. In my judgment, scarce resources should not be expended on an initiative
with dubious payback and potential ramifications that are, in part, unquantifiable.
"TDRs" as drafted will raise problems we do not need and will require significant
administrative/legal/planning resources. There are land preservation and planning
initiatives of better value that need Board and staff attention. To the extent that resources
permit, please pursue these initiatives rather than TDRs.
SOUTHOLD TOWN BOARD
PUBLIC HEAR1NG
May 27, 2008
7:30 PM
NOTICE IS HEREBY GIVEN That the Town Board will hold a public hearing on
the Draft GElS for the Transfer of Development Rights (TDR} at a special Town
Board Meeting on May 27~ 2008 at 7:30 p.m. at the Southold Town Hall~ 53095
Main Road~ Southold, to receive public comment on the DGEIS. At least 10 days will
be provided for written comment after the close of the public hearing.
SUPERVISOR RUSSELL: What I would like to do is I would like to get the meeting
underway. Would everybody please rise and Pledge Allegiance to the Flag? Okay,
tonight's public hearing with reference to a Transfer of Development rights or TDR
program for Southold Town is the culmination of a couple of years of work and study by
groups within Southold Town government and with the help of a consultant who I would
like to introduce now, to come up and give everybody a brief summary of the work and
where we are at. So, without further ado, Chick Voorhis.
CHARLES VOORHIS: Thank you, Scott. Good evening. My name is Charles Voorhis
with the firm of Nelson, Pope and Voorhis and I am here tonight as consultant to the
Town of Southold assisting with the Transfer of Development rights program that is
currently under consideration. The purpose of the meeting tonight is to receive input
from the public on the Draft Generic Environmental Impact Statement for the TDR
program that the Town Board is currently considering. The Town Board received a draft
TDR report last year back in 2007 and in review of that proposed action, the Town Board
assumed lead agency, classified the project as a Type 1 action and found that the project
could have one or more potential adverse environmental impacts. As a result, a positive
declaration was issued and that required the preparation of the Draft Generic
Environmental Impact Statement. So we are here tonight to receive input on the Draft
GEIS. That document was accepted by the Town Board on April 22, 2008 and the Board
did hold a public information meeting on the TDR program on May 6, 2008, just a few
weeks ago and at that night information was distributed that included a summary of the
document, information about the process and you know, was available for clarification
purposes. So tonight, I just want to stress that no decision has been made and no decision
will be made tonight. We are here to receive comments on that document that that
information meeting was held on and has been in circulation. The DGEIS and the notice
of the public hearing were circulated to involved agencies and parties of interest and the
document itself was made available on the Town's website, at the Town offices and the
two local libraries. All requirements of SEQRA part 617 of the ECL and the rules and
regulations have been complied with, with respect to this process. The DGEIS will be
Southold Town Board Public Hearing
Draft GElS for Transfer of Development Rights
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the subject of a comment period for at least 30 days as is required by law, which will end
10 days after the close of the public heating. Comments made in writing carry an equal
weight with comments made at the hearing, so as a result you are encouraged to provide
written comments in addition to or in lieu of any comments made at this heating. And I
am speaking really for the benefit of the public, the Board is aware of this process but just
to provide a summary of the process that will carry forward. After the close of the
comment period which we anticipate will occur 10 days after the close of the public
hearing, I will assist the Board and the team that prepared the Environmental Impact
statement in preparing responses to all of the comments that are on record. So this
includes all of the written and all comments. The Town Board will ensure that that
document is complete and will accept that as a Final Generic Environmental Impact
Statement at the appropriate time. Once the final GEIS is accepted, that will also be
available on the Town's website, in the local libraries and at Town Hall. And that will be
made available and circulated for at least 10 days after the acceptance of that document.
Once that is complete, the SEQRA process is basically done from the standpoint of
public input but this Board will make an appropriate statement of findings on the EIS
process that weighs and balances the social, economic and environmental issues with
respect to the overall action. So as you can see, the process involved a number of
opportunities for public input. This evening we are requesting comments on the contents
of the ElS which has been circulated. Just a few very quick ground rules and then we will
proceed to the open comments. If you wish to speak, raise your hand. Scott will
recognize you and once recognized, come forward, provide your name and address for
the record, tell the Board your specific comments on the document and speak clearly, as
your comments will be made part of the record. We will not exchange in dialogue or
endeavor to answer questions tonight, this is strictly to receive public input. And I will
stress again, all substantive comments will be addressed in the final EIS and you may
submit written comments for a period of 10 days after this evening to complete the
process. So, Mr. Supervisor, I guess if you would like to conduct the meeting and
recognize speakers, I will be here to listen, take notes and collaborate with the team to
help with the final EIS after we receive all the comments.
SUPERVISOR RUSSELL: Okay, thank you. With that being said. Mr. Meinke?
HOWARD ME1NKE: Hi, my name is Howard Meinke, 7075 Peconic Bay Boulevard in
Mattituck. I am speaking for myself and North Fork Environmental Council. The early
discussions of TDR were pretty finn in saying it was going to be density neutral, so one
house would go from here and one house would land here. There would be no net
increase in numbers. From reading the document, it seems that a net density increase
should be expected because the value of one right to build on two acres is probably worth
more that one right to build on a smaller house on a half acre in the hamlet, thus TDR
will bring an increase in the number of residents, taxes, traffic, congestion and a loss of
rural atmosphere. So the one to one that has been talked about doesn't seem to be real, it
seems as though it is going to get to be higher than that. There is discussion in the TDR
plan and document that points out that the increase in residential develop in the hamlet
HALO through the TDR will necessitate an increase in commercial development and
infrastructure in the hamlet. This sounds logical. Consequently, we think that you
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Draft GEIS for Transfer of Development Rights
should allow TDR's to be used to augment commercial uses while we allow it to grow
the residential side of the hamlet and HALO zones. Thus we can get less than one to one
transfer and achieve a net reduction of density if they use commercial TDR's. I think it is
a mistake. We think it is a mistake not to do that. It is suggested in the report that
transfers of density would be aided by the addition of strategically placed sewage
treatment systems. We think that this is a bad idea. The forces of growth will use this
potential for added density to ram in more commercial and residential development. We
will have trouble keeping it rural without this added factor. Affordable housing will be
built and it will not require TDR, so there will be additional growth in the hamlets that is
(inaudible) through the slow increase in affordable housing and we just bring that up that
that is more growth that is not being counted in these documents here. The report states
that the movement of growth from two acre housing and large houses to the hamlet
HALO and smaller houses will result in a lesser tax impact because of fewer children. I
wonder if there is backup for this assertion. We can envision smaller houses with
younger occupants putting just as many kids in school as the larger two acre houses. We
are not sure that is a totally correct statement unless we see the backup. There is a
window of opportunity now during the mortgage crisis and the building slowdown to
determine how much growth in Southold is appropriate and to move legislation to set a
firm goal. A few years ago, NFEC presented a plan that used the 80 % preservation, 60
% density reduction idea as part of the conservation subdivision idea as a target for all of
Southold. From figures in the DGEIS of 2002, this meant that build out of 15,500
residences would be reduced to 12,434, when Southold was settled and, if you think
about the population numbers and the residence numbers, that makes sense to us.
Southold Town seriously needs this sort of stated objective. The current attitude of we
are doing fine now and if the numbers change, we will act, is fatally flawed. An up-to-
date comprehensive master plan that unequivocally states a build out goal that reflects
that citizens desire to preserve rural Southold will allow something real to be done. The
sudden awakening to over development without the backup of a master plan will be all
pain and no gain. To properly think about the potential of TDR, we need more
information. Southold needs an up-to-date analysis, possibly the status of preservation
and development as of December of 2007. The residential build out number, if all
existing houses and possible buildable lots are counted, is required. Of course, this also
requires an up-to-date calculation of the real build out potential of the hamlet and HALO
zones. With this, the Town Board plus the citizens can judge at what growth point
Southold loses the rural quality of life that makes it special. On the other hand, if as time
passes we agree that we are wrong, it is easy to authorize more growth. If we blunder on
with no plan and see that growth is strangling Southold, hand wringing will be our only
answer. The Town Board will have failed. The DGEIS also states that potential
residential units from all zones other than AC, R-80, R-40 would be 388. The TDR
reports sites the receiving zone for TDR's as allowing 663. This seems to be an
additional use in RDU's and we want to know where it will stop? Shouldn't we know
what the growth target is? Thank you.
SUPERVISOR RUSSELL: Thank you.
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MR. VOORHIS: Scott, I think that such an important point...yeah, I just wanted to
clearly state that the proposal that is before you and the recommendation of the TDR
planning board is based on a one-to-one, density neutral transfer program. It is basically
to shift one unit from ascending site and have that be received as one unit at a receiving
site. There is an alternative in the EIS that does look at the potential for some type of
additional incentive but that was discounted as not being appropriate for the purpose of
you know, the plan that we are recommending to the Town Board. So we will complete
the process, we did also look at commercial receiving areas and transferring credits for
the purpose of commercial intensity and that is an alternative as well. So, I just wanted to
be clear on this. If Howard has any questions, he is welcome to call me and do you have
a copy of your written comments? Because the one part that I didn't follow (inaudible)
MR. MEINKE: Well, I am, this is (inaudible) but I was going to tomorrow send or e-
mail in to the whole Board this document.
MR. VOORHIS: Great.
SUPERVISOR RUSSELL: Thank you. My understanding is it is a density neutral
proposal. The calculation outside the HALO would be based on zoning. It is two acre
zoning, you needed to buy two acres to secure one building right, the calculation inside
the HALO for Suffolk County Department of Health purposes allows the Town to look at
half acre, one acre zoning. It is not a gift of zoning. It is to reach those development
potentials. You would need to secure the rights elsewhere. But my whole understanding
from the, I can't speak for the whole Board but I know that I myself and Councilman
Krupski firmly said this had to be a density neutral proposal. We are not in the business
of creating housing. Relocating it is something that seriously has to be considered
whether we are going to go that approach or not. But certainly not creating more housing
than the current zoning allows for. Would anybody else like to come up and address the
Board?
ROBIN IMANDT: I just want to clarify something. Robin Imandt, East Marion. So are
you saying one single occupancy building would be traded for one other single
occupancy building?
SUPERVISOR RUSSELL: The development to build, the potential to build would be
taken out of the sending area and relocated to the defined hamlet area. If you are in the
hamlet and you have two acres of property, even if it is zoned at two acres of zoning,
under the current zoning, you are allowed one building lot. If you are to go out and
secure two acres of two acre zoning outside of that hamlet center, you could transfer that
one building right back. In other words, you need two acres to make one house. Secure
two acres, buy one building right and then you can relocate on that property. At the end
of the day, you still are only trading off the potential to build one here and relocating it to
here. It is density neutral.
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Draft GEIS for Transfer of Development Rights
MS. IMANDT: But if you change the size of the lot, the lot size let's say. You are going
from one single occupancy two acre and over here now you are going to have quarter
acre.
SUPERVISOR RUSSELL: Right.
MS. IMANDT: So you could have 8 units.
SUPERVISOR RUSSELL: That is right. The density would be increased but it would be
increased through the extinguishing of building potential elsewhere.
MS. IMANDT: Oh. Okay.
SUPERVISOR RUSSELL: Thank you.
UNIDENTIFIED: Inaudible.
COUNCILMAN WICKHAM: Scott, I would just like you to clarify, you refer to
yourself and Councilman Kmpski. I think you ought to speak for the whole Board.
SUPERVISOR RUSSELL: Yes. I am quite certain, you have to remember this started
with the previous Board, I am quite certain the whole Board was set on a density neutral
proposal from the beginning. I can't speak for the two councilmen who are new to the
Board and Councilman Wickham certainly, is by all means able to speak for himself, but
I can tell you when this started originally it was, the whole premise from the beginning,
density neutral. The idea wasn't to create new density. It was to relocate existing,
potential density.
BENJA SCHWARTZ: Hi, Supervisor Russell, members of the Town Board. Getting to
that. My name is Benja Schwartz. Remember me? For a long time you could never
remember my name Tom. But I think that was a long time ago. Maybe there is some
kind of a density neutral equation built into this proposal but that all depends on what
you, you know, what your frame of reference is. If you are considering this transfer of
development rights as an alternative to the purchase of development rights programs,
which have been so well received by the people of the Town of Southold, this is clearly
not density neutral, it is instead of extinguishing development rights by their purchase
and extinguishment, you are transferring them, into other places. I would just like a few
preliminary things. I sent an e-mail on May 20, Tuesday May 20. Was that a week ago
today? Asking for access through the website for the Town of Southold Generic
Environmental Impact Statement. The document which we are considering today is
designated a supplemental generic environmental impact statement. Well, there is a
mistake on the home page of your website where it is abbreviated DGEIS. The DGEIS
was some other document that, it is in here, you can find the index of it on the website
but when you click on the links, they go nowhere. So it should have been a very simple,
very quick fix. But I sent that last week and asked to be notified when the links were
repaired and checking it this evening, they are still not repaired. So in order to really
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Draft GElS for Transfer of Development Rights
consider this proposal and this supplemental Environmental Impact Statement, I think we
have to go at least as far back to the generic environmental impact statement which this is
a supplement to. I would suggest we need to go farther than that, to our infamous master
plan or comprehensive plan. Call it what you will. There are certain qualities, which
planning, especially master plan or comprehensive planning should have. It should be
complete, it should be consistent and it should be accessible. With all due respect, how
are we going to plan to change the zoning and to continue to, if we don't know what our
base is? What we are starting with. I think we established at the last Town Board
meeting that the Town Board is not familiar with the current master plan to the extent that
one does exist...
SUPERVISOR RUSSELL: I don't think we established that.
MR. SCHWARTZ: I have been to several of the library's to try to find the documents
that are supposedly a part of that plan. Although we don't know which documents are
part of that plan. There is no place where you can go and say this is part of a plan or this
isn't. It is a kind of a myth. Some people have suggested that we take some time out and
create a, at least an index, a frame of reference to that. It wouldn't take very long and if
we don't do it, we are going to be stuck for a long time with whatever we end up with as
a result of partisan politics and planning for private profit and this is what we are dealing
with in the heart of Cutchogue. 46 acre property, which last time we brought you a
petition with over 1,000 signatures Supervisor Russell and you said, oh, well, that
property is zoned for four units per acre and it is only going to be developed at two and a
half units, the current proposal is only for two and a half units per acre. Well, I did some
quick math yesterday and it comes out to like 3.65 almost 4 units per acre that the current
development with 140 units. The original proposal was for higher than the density for
which that property is zoned for. But in addition to the residential units there, there are
also proposing currently a large, private club to benefit the people who purchase the
condominiums, who will also get the lower tax breaks.
SUPERVISOR RUSSELL: With all due respect, this is about a TDR hearing tonight. I
can appreciate all these things that you talk about because we listen to them all the time.
But I would hope that we can just narrow the discussion tonight to TDR program.
MR. SCHWARTZ: Sorry but I misplaced one page of my notes but ....
SUPERVISOR RUSSELL: Okay.
MR. SCHWARTZ: But in my review of the tape from the meeting a week ago, the
public information session on the TDR program, the Town's consultant spoke about,
excuse me ....
SUPERVISOR RUSSELL: Can you address the Board, please?
MR. SCHWARTZ: Yes, but could you please keep...
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SUPERVISOR RUSSELL: Yes, can the audience please be respectful of everybody's
right to speak?
MR. SCHWARTZ: There is one person here who is making a scene. He has been doing
it regularly. Your consultant for the Town spoke of and in the report, in the receiving
areas, it says that a variety of zoning districts in the hamlets that could potentially act as
receiving areas include hamlet density zones. But there are no hamlet density zones in
the hamlets. Hamlet density zones are the places that we are thinking about putting
hamlet density outside of the hamlets.
SUPERVISOR RUSSELL: You lost me on that.
MR. SCHWARTZ: Well, the hamlet density...
SUPERVISOR RUSSELL: The HALO's you mean? Okay, hamlet versus HALO.
MR. SCHWARTZ: Right. The HD zoning was the idea that maybe we should have
some high density outside of the hamlets and those zones still exist although the hamlet
studies groups essentially proceeded as if there were no such thing. They ignored them.
One of those zones is the property in the heart of Cutchogue.
SUPERVISOR RUSSELL: Right.
MR. SCHWARTZ: There was a discussion, comments by the consultant at the public
information meeting last week that perhaps the Town might like to do some rezoning to
create some new hamlet density zones. Some places that could receive the credits from
the areas where the development is going to be transferred from. With all due respect, I
think it is very, very relevant in this process that the Town not consider legislating new
zoning because essentially what you are doing is rezoning here and you know, you have
got a bunch of alternatives. You have got a lot of words in this report. But the number
one alternative to this program would be for the Town to accomplish the objectives of
reducing the density in areas where we don't want high density by down zoning. It was
called five acre zoning. That was rejected but that essentially is what we are trying to do,
is down zone to, excuse me, to up zone to reduce the density. It is confusing. We are
trying to up zone the sending areas and down zone the receiving areas. And one way that
this could be accomplished would be if the town would simply say you can have less
density, less building. The Town doesn't need to allow people to buy the rights and sell
the rights. The Town could do a planning study and just say, this is the amount of density
you can do in these areas and this is the amount of density you can do in these areas.
Everything else here is somewhat more or less of a smoke screen around that essential
alternative. That alternative is not included in this, in this environmental impact
statement here. Very simple. Do it by zoning, you know, I just, I am sorry, I need to go
back to the biggest problem that I see currently in the master plan, was this spot down
zoning and I will be brief here and I will try to give you an executive summary. Spot
down zoning of one particular farm, 46 acres, that was rezoned at the request of the
owner, by a negative declaration of the Town Board, meaning that there could not
possibly be any environmental impact of changing the zoning from one unit per two acres
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to four units per acre or eight times the zoning, and at that time the Town Board found
we don't need to do an environmental impact statement because there won't be any
negative environmental impacts. Well, the Planning Board didn't agree with that the
following year. They said there had to be an environmental impact statement. The
developer refused to do one, the Planning Board denied their application and sued the
Town...
SUPERVISOR RUSSELL: I understand all this and this is a history we listen to every
two weeks but we really want to get a TDR hearing underway.
MR. SCHWARTZ: Alright. But this is, this is, that is now. Why hasn't that zoning
been looked at?
SUPERVISOR RUSSELL: Good question.
MR. SCHWARTZ: Well, the owner of that property, Richard Cron, he was on the, in the
Cutchogue-New Suffolk Chamber of Commerce.
SUPERVISOR RUSSELL: We discussed this at the last work session. We had...
MR. SCHWARTZ: Did we talk about the...
SUPERVISOR RUSSELL: Yeah. That was raised by Nancy, I believe, at the last Town
Board meeting that he had served as a hamlet ....
MR. SCHWARTZ: Well, I would like to discuss it.
SUPERVISOR RUSSELL: And I appreciate that. We have a meeting next Tuesday to
discuss it.
MR. SCHWARTZ: I am not repeating what Nancy said.
SUPERVISOR RUSSELL: But we want to get on with the TDR heating tonight and I
will listen to everything that you have to say at that forum which would be the Town
Board, the general discussion part of the Town Board meeting. But I really want to keep
the discussion narrowed to a TDR discussion this evening.
MR. SCHWARTZ: And my point is that this would be, if you are going to have four
units per acre outside of the HALO zone, outside of the hamlet center in the heart of the
farming heritage, in the area where there are two and a half times descending credits for
any other area in this proposal, in the Cutchogue hamlet; if you are going to have the
density there, then at the very least have the density transferred from some other part of
the thing and don't just rely on 25 year old zoning that was influenced by a man who was
on the master plan workshop committee, Richard Cron and Nancy didn't mention that, so
I am not repeating that.
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Draft GElS for Transfer of Development Rights
SUPERVISOR RUSSELL: I think she did at the last meeting.
9
MR. SCHWARTZ: She didn't mention that he was on the master plan workshop
committee.
SUPERVISOR RUSSELL: Yes, she did. Either way, I do appreciate that and everything
you said is valid...
MR. SCHWARTZ: She didn't talk about the other original partner, Bill Carroll, who
was, his sister was married to Henry Raynor's or his...
COUNCILMAN WICKHAM: Benja? For purposes of this hearing...
MR. SCHWARTZ: Yes.
COUNCILMAN WICKHAM: We understand that your comment is that hey, let that
Heritage project be an area to receive density through a transfer program rather than an as
of right four units to the acre. That is the take home message for the public hearing
tonight.
SUPERVISOR RUSSELL: And that is a very fair point.
MR. SCHWARTZ: And in terms of TDR's, I would like to make a point that calling
them development rights is not helping anyone to understand what is going on here.
They are actually development potential and indeed, when I looked up transfer of
development rights and potential, I found that every planner who had done a study of this
described it not as the transfer of development rights but as the transfer of development
potential. So I think if we look at it that way, I would love to see the Town move forward
with a transfer of development potential but not until we have a comprehensive plan
which covers the whole town and I am not just talking about the Heritage. Thank you.
SUPERVISOR RUSSELL: Good point, Benja. I appreciate that. Mr. Baiz.
CHRIS BAIZ: Good evening, Supervisor Russell, members of the Town Board. My
name is Chris Baiz, I am a resident of Southold. I have not had a chance to really review
all of the data. I do have a diskette that I just acquired earlier today, however, I do want
to make several comments about a TDR program. I think a TDR program that benefits
the outstanding feature of what we are trying to do in the Town of Southold in terms of
open space and farmland preservation is an excellent additional tool. I do get concerned
when by the numbers in this study that the sending area represents a total area of almost
3,000 acres or almost 1,600 potential TDR's out there or excuse me, development rights
of which the receiving areas as it designated and I have these numbers orally that were
given to me about one week ago, receiving units that can be put into the HALO's and
hamlet centers is 662. Mr. Meinke made reference to 663, my addition gave me the
smaller number by a unit, I am concerned when we can land in this program 42% of the
development rights that are out in the agricultural fields into our HALO's and hamlet
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centers as the first stop in this program. I have always felt that a TDR program could be
invaluable to farmland and open space preservation in this Town. I would like to see a
first target of perhaps landing up to 10% of the total available development rights into the
hamlet centers. I mean, currently as the plan stands, the village of Southold and HALO
can receive up to 160 more residential building units. Mattituck 138. Peconic and why I
don't understand this, 142 and then lesser amounts to East Marion, 73; New Suffolk 57
more units; Cutchogue 47; Orient 24 and Greenport 21 to get to this magic number of
662. I once had a boss who was president of a major bank in New York City and his
modus of operating was if we are going to make mistakes, let's make mistakes slowly
and right now, I see a plan here that says we can put up to 42% of all development rights
out on the ag lands, right into our village centers and HALO's and you know, we can
always adjust this in the future. I would rather see a number like, if there are 1,600
potential, the report says 1,571 potential TDR's. Let's say, let's start 150 and see how it
works and we can always up it if it works. You know, this is going to be sort of a cat
chasing its tail. If you want to land a building site in a village center and you have got to
start out and pay an additional $160,000 or $200,000 to land that development right and
then go build a structure and is that structure going to give a return to the builder that
makes it worthwhile for him to increase that density presumably on a property that he
owns in the village, to begin with. Let alone what an outside developer might do. So,
currently I perceive this really not as a preservation plan at 662 development rights out of
1,571 being allowed to land in our HALO's and hamlet centers, I see this as a
development plan not a preservation plan.
COUNCILMAN WICKHAM: Chris, do I understand that you are concerned that there
are really too many landing sites?
MR. BAIZ: Yes, sir. Right offthe top.
COUNCILMAN WICKHAM: I would like to ask the team to describe briefly the caps
or limits that we have placed in this document so that we don't overload the hamlet
centers. Now maybe those caps are too high but I am not sure if the public understands
how we came up with how the document came up with 600 and some sites and the
methodology and the caps that we put on that, to address the issue that you raised. So
could we ask the team to just outline briefly the methodology? And I don't mean to get
in a debate about it, I just...
MR. BAIZ: I think at 42%, it is seriously overloaded as a preservation tool.
MR. VOORHIS: Yeah, I think, we were trying to follow the numbers and I think Mr.
Baiz is referencing the total potential receiving sites within the HALO's when in fact our
recommendation in the TDR planning report is to take 30% of that total. So the, in fact
what we are recommending is the receiving zones would receive in the neighborhood of
200 credits townwide. So I think it is a little bit closer to what you are identifying as a
possible scenario.
MR. BAIZ: So you are saying about 15%?
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MR. VOORHIS: A little bit more than that.
MR. BAIZ: Yeah. Okay. 18%.
MR. VOORHIS: But I think, just to be clear, there was a calculation that allowed us to
achieve conformance with Suffolk County Health Department article 6,pending their
review and input and we actually reduced it based on the stakeholder meetings that went
out to each of the hamlets and there was a lot of talk and input to the members of the
Town that went to those committee meetings about the need to preserve open space,
about the need for recreation, about, you know, even though you are in a hamlet, we
don't want to intensify so that you lose the character of the hamlet and that is the reason
that that limit was placed on the total potential, so we kind of backed into that number...
MR. BAIZ: Right.
MR. VOORHIS: And it is almost exactly what you are referring to. The
recommendation is to monitor it over time, determine the success of the program and
then you know, in a couple of years evaluate to determine if it is working, if there is a
market and if the absorption of those credits is reasonable within the hamlets. Is that, I
should be addressing the Board.
MR. BAIZ: So, as long as the recommendation says let's go to 30% of the 42% and call
that the cap for now, so that we can't just blow right through the cap and keep going, I
mean, I for one as a resident of this area, someone said to me earlier today, well, I am
resigned to the fact that this is going to be a 30,000 person community and I am not
resigned to that fact. Okay? And I think the brave new world that we are entering fight
now is perhaps not even going to allow that development to occur here, simply because
of energy costs. We are captive to a region that has not dealt with its energy costs very
easily yet and it is just, it is going to be monumentally difficult to sustain a 30,000 person
population and generate an economy here that is going to support $4 or $6 gallon of
gasoline or $5 a gallon heating oil let alone, I had some Dutch friends visiting three
weeks ago and they paid 3 euros a liter for gasoline back in Holland fight now. That
translates to $17 a gallon and they are living with it. Are we going to be living with that,
too? And I think that that will have a major, major impact on these kinds of things.
COUNCILMAN WICKHAM: Chris, can I just say?
MR. BAIZ: Sure.
COUNCILMAN WICKHAM: I think you characterized it correctly by saying that we
are talking about 30% of that 42%.
MR. BAIZ: Okay.
Southold Town Board Public Heating 12
Draft GEIS for Transfer of Development Rights
COUNCILMAN WlCKHAM: Secondly, I go back to the point the Supervisor made
earlier on, it is a one for one transfer. We are not developing new potential here. We, the
book, proposes a transfer of density. We are not generating new density.
MR. BAIZ: Oh, I totally understand that. But what you are saying in all of this is that of
the 1,571 development rights that either could be preserved through the farmland
preservation program, either at the town level, the county level, state or federal level, we
are going to allow up to 42% of that to be built out but built out in our HALO's ....
COUNCILMAN WICKHAM: A third of that.
MR. BAIZ: Well, okay.
COUNCILMAN WICKHAM: 30% of 42%.
MR. BAIZ: So long as we are definitely capped at that 30 of 42 and then we revisit it.
SUPERVISOR RUSSELL: Could I just explain on behalfofthe stakeholder committee?
There is a far greater mount of available credits than there is areas to land it. One of
their first proposals was to say, you know what? Let's put a cap in each of the hamlets.
The Town Board, in a new Town Board in a new day, can always revisit that cap and say
do we need to elevate the cap, do we need to keep the cap in place?
MR. BAIZ: Okay.
SUPERVISOR RUSSELL: That safeguard, that governor, of that program was in fact the
cap for each of the hamlets. And it is by no means meant to replace the traditional effort
which is to extinguish and there is certainly plenty of discussion to have on TDR's but
the, I don't think anybody is presupposing this replaces our traditional role, which is to
extinguish credits by purchasing development rights through the very successful
programs.
MR. BAIZ: Let me understand your point then, are you saying for instance, in the ease
of the village of Southold and its HALO, where the plan said up to 160 TDR's could be
landed, in fact not more than 30 % of that will be landed at this time?
COUNCILMAN WICKHAM: Yes. Correct.
MR. BAIZ: Okay.
SUPERVISOR RUSSELL: There are two calculations. How much can you
physiologically relocate, based Suffolk County Department of Health...
MR. BAIZ: Yeah.
Southold Town Board Public Hearing 13
Draft GEIS for Transfer of Development Rights
SUPERVISOR RUSSELL: And how much does the zoning allow for and then how
much are we going to allow for through this program. That is where that cap came from.
MR. BAIZ: Okay.
SUPERVISOR RUSSELL: The calculation is merely a calculation so that we know what
we could do under Suffolk County Department of Health which is really the guiding
influence here to all of this.
MR. BAIZ: Okay. Very good.
SUPERVISOR RUSSELL: And a new Board would have to take an affirmative, formal
action to raise those caps. Local law presumably.
MR. BAIZ: Okay. Very good. I think it would be a useful tool, then.
SUPERVISOR RUSSELL: Thank you.
MR. BAIZ: At this stage.
SUPERVISOR RUSSELL: Yes?
LESLIE WEISMAN: Leslie Weisman, chairperson of the Southold Hamlet Stakeholder
Committee, I am a member of the TDR workgroup. I just want to add one small historic
explanation. When we were sitting 2 ½ years ago at a Planning and Zoning Committee
meeting and the discussion took place about doing a feasibility study to see whether or
not, we knew certainly there was more than enough agricultural and open space worthy
of preservation, but was there enough room within the hamlet HALO areas to do
something that made it even feasible to consider a townwide program, I agreed to work
with John Sep and Mark Terry, who was then acting director of the Planning Department
on the creation of a model for the feasibility study on the following conditions: that no
overdevelopment that was inappropriate in scale or density that would in any way
compromise the historic character and scale of our respective hamlets, each of which are
different and each of which have to be considered separately in an equitable, not an
equal, but an equitable formula so that it is a win-win situation; would we proceed? It
was on that basis that that goal was explicitly stated in the original feasibility study that
this TDR proposal built upon. So from the very get go, everyone involved was on the
same page. The hamlets were never to become the "dumping grounds" of preservation
and inappropriate overdevelopment. And we believe that through this cap we have been
able to create, based upon looking at full potential build out and then back stepping to say
how can we continue to have open space within the HALO's and hamlets and appropriate
development that doesn't create excessive traffic but that does permit preservation with
out using taxpayers dollars. Preservation that in fact comes from market money, market
made money and private development so it is an additional tool but again, not when it is
not at the sacrifice of the quality of life of those of us who love our hamlets. All of us
who live here. So the model from the very beginning incorporated that and if you really
Southold Town Board Public Hearing 14
Draft GEIS for Transfer of Development Rights
read carefully this larger scale proposal, you will see that those caps are in place, that
there is an agreement. The larger proposal by law must incorporate alternative
suggestion. It doesn't mean that they will be adopted, it means that it is a required step
that has to be incorporated and so perhaps there may be little confusion about you know,
what exactly the proposal is but the proposal was never intended to create inappropriate
overdevelopment in the hamlets.
SUPERVISOR RUSSELL: Thank you. Linda?
LINDA: We were talking about trading one for one density and I did ....
SUPERVISOR RUSSELL: Linda Goldsmith.
L1NDA GOLDSMITH: Oh, I am sorry. Linda Goldsmith, East Marion. If I own 50
acres in an R-80 zone, that means that I would have 25 credits, no?
SUPERVISOR RUSSELL: Not likely, with the new subdivision calculations. You
would have to calculate the building yield.
MS. GOLDSMITH: Okay. That was my question. Will that building yield be
calculated?
SUPERVISOR RUSSELL: My presumption is it would have to be because otherwise you
are trading in intangibles that might not exist.
MS. GOLDSMITH: Because I could not build 25 houses there? On my 50 acres of an
R-80. I would have to put a certain amotmt of...
SUPERVISOR RUSSELL: Yeah, the set-offs for drainage, for roads, you would have to
cluster. It is not likely you would get all 25 building lots. You would get close but not
quite because of the way the current zoning requires 40% of your land to be involved and
60% for open space.
MS. GOLDSMITH: Correct.
SUPERVISOR RUSSELL: But my presumption is, and I will ask Chick and the rest of
the group here if the calculations could it be based on the actual ability to build and not
just on the theoretical zoning. That is a big issue.
MS. GOLDSMITH: That is my issue.
SUPERVISOR RUSSELL: That is a fair point.
MS. GOLDSMITH: And the other comment I wanted to make was I was not a
stakeholder but I was, I listened very closely when our stakeholders had meetings and at
Southold Town Board Public Hearing 15
Draft GEIS for Transfer of Development Rights
least in East Marion the TDR was never mentioned. Was this something stakeholders
were working on, or grappling with or thinking about or anything?
SUPERVISOR RUSSELL: When I first came into office, after the initial report was
handed to the previous Town Board, I had asked about the word TDR, in fact I invited all
of the stakeholders back but for two of them, everybody said, oh, the issue of TDR
specifically never came up. It came up in different facets, it came up you know, in
everything but the specific words 'transfer of development rights'. The concepts were
there, the discussion was there but I am not sure it was as assertive, the word, as it should
have been. But again, it was revisited when we went through the process again.
MS. GOLDSMITH: And lastly, especially if you look at East Marion where the HALO
or where the HALO zone is, it actually extends south of Bay Avenue you know, into that
area and there are just lots. I mean, there is no big clump of property south of Bay
Avenue. There is a lot over here, there is a lot over here. Most of them are not even an
acre but I think that most of them, I think that one or two of them are R-40's. So that
would mean if someone went and bought development rights that one piece of property
say on Bay Avenue that is one acre, that could have one house right now, could possibly
have two?
SUPERVISOR RUSSELL: That would be a presumption, yeah. Absolutely. A
legitimate presumption.
MS. GOLDSMITH: Okay. That is my concern as far as you can take a nice, you know,
houses along there are pretty much on ½ acres, I mean mine is probably on less but you
know on half acres but you can actually put, you see t his one piece of property and you
can actually put two more houses on it. And the other thing I wanted say was, I think
there was some discussion at the meeting last week regarding, they were saying big
homes have more children in the schools and all of that or something to that effect and
that this would, I am not sure how that went but I was, that pretty much is a fallacy
because I look at some of these estates with huge, big homes. There are 30 houses, 35
lots in there and I think there are maybe 6 children in the school. So, thank you.
SUPERVISOR RUSSELL: I will tell you from a guy who lives in a 900 square foot
house and has two children, one of who eats enough to feed 40 children, I can agree that
the size of the unit is not indicative of the population of the unit. Can I just get a
clarification, my concern for East Marion. East Marion and I am going to ask you it is a
technical issue, East Marion doesn't have, I am sorry, Orient doesn't have public water so
its ability to absorb density in the hamlet center would be limited at probably presumably
one acre? One acre. It seems we did this on a school district by school district. Is it
possible that someone could secure building rights in Orient and transfer them to East
Marion, since it is part of the same school district? But a very different hamlet? Because
that would be a concem because you have public water which would make you
vulnerable to half acre zoning, whereas Orient would not be.
UNIDENTIFIED: But all of East Marion does not have public water. We have wells.
Southold Town Board Public Hearing 16
Draft GElS for Transfer of Development Rights
SUPERVISOR RUSSELL: Oh, ! know. I am just talking about, I am just talking about
what would be an unfortunate consequence would be to buy a farm in Orient and then
relocate density to East Marion. That is something I think the Town Board really needs
to look at. That would be problematic.
MS. GOLDSMITH: That is my other question and I am sorry, I know it is not a question
and answer. If someone bought development in Cutchogue, could they transfer them to
East Marion?
SUPERVISOR RUSSELL: No, school district by school district.
MS. GOLDSMITH: Okay.
SUPERVISOR RUSSELL: But again, if you look at those zones, if you buy in Mattituck
you theoretically could move to Cutchogue. If you bought in Cutchogue you could move
to Mattituck.
MS. GOLDSMITH: And Laurel as well.
SUPERVISOR RUSSELL: In East Marion it becomes a little unfair for East Marion
because you don't have the public water, I am sorry, you have the public water which
allows for these half...
MS. GOLDSMITH: Not all of, not all of East Marion.
SUPERVISOR RUSSELL: I know but if you look at that HALO, you could be
absorbing half acre zoning that is just not possible in Orient. So that is something the
Town Board should need to work out.
MS. GOLDSMITH: Well, how is that going to happen?
SUPERVISOR RUSSELL: That is something, we have to march forward. I would
propose density neutral and hamlet neutral. So that the density in East Marion could only
be transferred in East Marion. That sort of thing.
MS. GOLDSMITH: Well, that's, that's (inaudible)
SUPERVISOR RUSSELL: So if you are going to absorb in hamlet center, you at least
know it was saved right in that immediate vicinity, rather than across the causeway.
MS. GOLDSMITH: Thank you.
SUPERVISOR RUSSELL: Yes.
BARBARA PFANZ: Barbara Pfanz, Main Road, East Marion. A number of things aside
from Orient only being an ascending area and East Marion being a receiving area, that is
Southold Town Board Public Heating 17
Draft GEIS for Transfer of Development Rights
one thing I was going to say. Another concern of mine is enforcement. I don't know if
you are still going to keep the same amount of alleged enforcement that you have on now
with all of this potential development going on. As we know, certainly in East Marion
people do what they want to do and people, the Town, looks the other way and there is a
whole bunch of illegal stuff going on there. I certainly hope if you are going to do this
you are going to do it responsibly and really plan for having up to code, legal housing
brought to the area, if you are going to do that. And also, another concern of mine, when
I was looking at the map originally I saw the HALO area in East Marion was originally
just north of the road. Now there is a large parcel south of the road. The community has
expressed, they don't want the development of a HALO district and I feel like, even
though we are saying that, the Town is going right ahead and look at that, the HALO
district is growing. So, I know in there you said that you will take what the community
has to say in mind but I don't how much power we are going to have when there is just
buying and selling going on. I don't know.
SUPERVISOR RUSSELL: That is a good point. Let me just point out that there is no
private function here in that people get to go out and buy what they want and relocate it
and do what they want. Every site that would become, that would absorb a development
credit, has to come to this Town Board for a public hearing and a change of zone. You
cannot simply take a one acre piece of property, turn it to two half acre pieces of property
on your own by going out and securing development rights elsewhere. You need to come
in for a change of zone. Secondly, I have given the public, particularly in East Marion a
great deal of influence here. The Kokkoris piece, I believe that is the name of the piece?
Kortsolakis. That was a proposal that was created by a previous HALO stakeholder's
group. I reconvened those groups, put the public in and you know what? The public in
East Marion spoke and said we don't want it. And the whole thing died. That was a
direct result of giving the public the opportunity to weigh in on itself. And also on the
enforcement issue, we are not looking the other way. We used to but now we are trying
to do something about it. It is like trying to mm around the Queen Mary, it is far more
frustrating than we thought and we are going, hopefully in the near future, discuss a
rental permit law that will help me resolve some of those complicated issues in East
Marion.
COUNCILMAN WICKHAM: Can we focus on the hearing?
SUPERVISOR RUSSELL: We are trying. John?
JOHN COPERTINO: I am glad you mentioned input that you received from, I am sorry,
John Copertino, Willow Drive, East Marion. I want to speak of the impact on East
Marion in regards to this. I would like, well, each hamlet is unique in itself, it is, you
know, Cutchogue has a hamlet center and developed land and roads and Mattituck does
too. East Marion doesn't. We can't bear any extra traffic. We have a fen'y that gives us
a problem and as I was going through these TDR paperwork here, I saw one on page 116,
it says who benefits from this program? It says ascending area landlords, the investors,
the developers, landowners etc. etc. Local businesses benefit. It doesn't say anything
about the community desires of the community. The community definitely will benefit
Southold Town Board Public Heating 18
Draft GEIS for Transfer of Development Rights
somewhat from businesses and so forth but the desires, like you said, is not there, we
don't want, in East Marion, we do not want a hamlet center. We don't want any
development. East Marion has been there for 350 years and it has been the same for 350
years. Throughout this paperwork, you know it mentioned single family homes, two
family homes, multiple family homes, etc. etc. Which is frightening to us out in East
Marion. Your potential adverse impacts, it says here, would result in clearing and
grading in HALO areas for development resulting from density shift. We don't want it.
Everything here is what East Marion doesn't want. We presented you with a petition
stating that. Showing that out of 440 households, 328 households did not want it and I
could have given you 440 households except it was too exhausting for me. But I could
have got about 98% of the households. And East Marion is unique and I wish when you
make judgments on this TDR that you consider that. Consider each hamlet as a unique
entity. It can't be one blanket coverage. I know that is difficult to do, I am sure it is
difficult to do in planning but this is what I want and this is what most of the people in
East Marion want. We want to be treated differently because we are different. Let's see.
Oh, the gentleman mentioned about four and five bedroom houses being developed.
Thirty percent of the houses in East Marion have been built since 2000 and most of them
are four and five bedroom houses. Impact on the schools is not even present there
because the people that built those houses are wealthy, second home owners or retirees.
They have no young children going to school to speak of. I would say 90% of them are
not putting children in the school. You can see that by the same number of children in
the grammar school. So people don't come out here anymore, especially to East Marion.
There is no jobs out there to support a four and five bedroom house. But if you start
putting in multi-family houses then you are going to have an impact on the school, which
is exactly opposite of what it says in this paperwork. It says it would reduce the impact
on the schools. Well, that is ridiculous. It would increase, when you get multi-family
houses. Cheaper houses. You are going to get younger people coming in and the impacts
on the school is going to be greater. So there is a couple of contradictions in here. I think
I have covered most of it and the most important thing is the desire of the community.
Your stakeholders mentioned to you or voted no further commercial development in East
Marion. That is what they wanted. They came, they were assigned by you and that is
when they came up and they told the Planning Board that. We came up with a petition
with signatures on it. We don't want a hamlet center. Please consider that when you are
making your judgments on these TDR's. Each hamlet is unique and it should he treated
that way. It can't be a blanket, you know a blanket edict. Thank you.
SUPERVISOR RUSSELL: Thank you, John. I couldn't agree with you more and it was
a challenge. You are trying to create something that might work in Cutchogue or
Mattituck but might not work in East Marion. I think they did as thorough and as
thoughtful a job as possible but sure, there are going to be issues that we need to be
cognizant of as we march forward. Mr. Wills? And I will go to you fight after that.
FRANK WILLS: Good evening, Frank Wills, Mattituck. I have a few comments to
make on the TDR. Basically I am in favor of them. But the write up is surprising and it
only mentions the HALO zone. It never says anything about the hamlet center and the
stakeholders, we were told to develop the hamlet center and the HALO around it but
Southold Town Board Public Hearing
Draft GElS for Transfer of Development Rights
19
almost nowheres in the whole report now maybe they were combined, maybe the
numbers were combined. But they are not t here. The other one is transfer of
development rights in the school districts. It says should generally be in the general
school system. And I was wondering, I didn't bother looking in a dictionary what
generally meant but it is an unusual term. Are we going to get around it or are we going
to merge school districts?
SUPERVISOR RUSSELL: That is a good question. I know what the intent of this
Board is but you don't know what the intent of a furore Board might be. You know,
faces change every day. So, you are right.
COUNCILMAN WICKHAM: Actually, there is a legal definition to that.
TOWN ATTORNEY F1NNEGAN: The law is that you can't unreasonably transfer
between school districts.
MR. WILLS: Unreasonably.
TOWN ATTORNEY F1NNEGAN: That is the state law, so theoretically you would be
allowed if it was reasonable.
SUPERVISOR RUSSELL: There is the clarity you were looking for, huh?
TOWN ATTORNEY F1NNEGAN: But in our law we can put in there that it won't be
allowed.
SUPERVISOR RUSSELL: That won't be allowed generally.
TOWN ATTORNEY F1NNEGAN: Yeah, we can put in there that it will not be allowed.
SUPERVISOR RUSSELL: That was a good point, Frank.
MR. WILLS: The other one is, it mentions all sorts of housing, single, double, multiple
occupancy but there is almost no mention of affordable housing. And my impression was
that originally the only transfer of development rights were for affordable housing and
now apparently that isn't mentioned anyplace.
SUPERVISOR RUSSELL: They are a very separate program. We already have a
transfer of density for affordable housing, sanitary flow credit program that was created
by the previous Board. When we extinguish development rights as a Town body, in
some cases we can take that sanitary flow credit and apply that to a bank which a
developer can buy to build affordable housing. The problem with marrying affordable
housing to this specific TDR program is that it is economically unfeasible to create
affordable housing and keep a TDR program that is going to be economically viable. No
one can buy the right to build density and then still produce affordable housing from that
equation. That is why it is a separate program.
Southold Town Board Public Hearing 20
Draft GEIS for Transfer of Development Rights
MR. WILLS: Thank you. That is it. Thank you.
SUPERVISOR RUSSELL: Thank you, Mr. Wills. Mr. Huntington.
RAY HUNTINGTON: Ray Huntington, Cutchogue. Good evening. Some really
elaborate work has been done on the idea of transfer of development rights here. And it
is an idea that has been kicking around for at least 10 years that I know of on the north
fork. But tonight your objective is to receive comments on the supplemental impact
statement dealing with the transfer of development rights in Southold. This prefatory to
accepting a document which is an environmental impact statement in support of future
legislation which is not yet written. I just want to make that as a clarifying statement, I
know you understand that already. But there are some confusions that we can clean up as
we go along. One of those is the idea of HALO. Last time I tried a halo on, which was a
long time ago, it had a hole in the middle and the terminology in the impact statement
implies that it is only the donut that is where you land the transfer and I do believe the
intention is it is the donut plus the center, plus the whole.
SUPERVISOR RUSSELL: That is exactly right. It is not a donut but a pancake.
MR. HUNTINGTON: Okay. One of the basic principles that we have discussed many,
many times through the years is the idea of making changes by transfer resulting in
neutral density. This principle is not well expressed in the document, in fact it actually
goes out of its way to talk about incentives that would overbalance towards more density.
So that is an important point that I think is missing from the impact statement. That the
idea was to not create more density by transfer. There is another piece that is not actually
missing but it is mentioned only as an alternative and that is the commercial component.
The conunercial component is a very important part of this picture because it could be the
element that makes this a successful program. We talked before just a moment ago about
incentives to get people to transfer development from farmland into the hamlet centers,
that transfer, that incentive of course is hard to come by. Why would you want to do that
necessarily? Well, one way of course is to change the exchange rate and get two for one,
three for one, whatever and the Town Board can do that. That is something we don't
want to go. And the commercial component however, let's say that a restaurant wanted
to have outdoor dining or something like that which is currently prohibited by the code I
think, then perhaps if you saved a couple acres of farmland, that could be taken into
consideration. So it is a very powerful element here in the commercial aspect that is
missing from the document now. You are moving towards perhaps legislation that would
enact something. With this part missing, I think we have got the heart out of the
program. Excuse me. I am going to use some round numbers to describe what could
happen here. From the sending areas, 1,600 let's call them residential development units,
can be transferred to the receiving areas. In the receiving areas we can receive 660 units.
This means that you have more coming in than will fit. However, the Town Board can
make them fit by changing the exchange rate. Very dangerous business. Right now, by
using the numbers in the document, it looks like 42% of that which could be transferred
theoretically would only fit in the receiving zone, so not all of it could go in. However,
Southold Town Board Public Hearing 21
Draft GEIS for Transfer of Development Rights
we have got more to put in. The how many actually land depends upon the legislation,
on what is actually set up. In other words, this document sets up some models, studies
the issue, shows what could or couldn't happen but the real key is going to be the change
to the code itself, not yet written. Without the code the efficacy of this program really
can't be measured. Can't even be judged. You have to know what the code is going to
say. so, this is a cart and a horse problem. You need the environmental impact statement
to do the legislation but you can't understand the impact if you don't have the legislation.
Somehow we have to get the horse and the cart together here yet. My basic concern,
though, given all that is the marginal cost of the program may be quite a problem. That
is, how much land will we actually preserve for every say, $100,000 worth of cost of
operating the program. This program is complex, it is going to be costly to administer
and because of these complexities it is going to be of dubious impact. We are not going
to see a lot of volume here. So it is a big question in my mind of whether we are being
wise in spending our tax dollars preserving land this particular way. We won't know the
answer to that until we actually see the legislation that you may propose. Thank you.
SUPERVISOR RUSSELL: I think you are right. Actually, you raise the issue of the
commercial component. The reality is that under this current TDR proposal, they have
used a farm district as a designated feature. In other words, this is active farmland. Well,
under current rules you can't transfer sanitary flow away from active farmland unless you
want to sterilize the farmland. There is no incentive for business to buy TDR's if they are
not going to get the attendant sanitary flow. There is just, and what you proposed I think
is almost frightful to suggest that a small business owner needs to go hat in hand in to the
Town and buy up development rights every time they want to expand and invest in
themselves. There is also the other extreme to that where you let somebody with deep
pockets buy their way into all sorts of new zoning, so that is problematic from all
approaches. But realistically, I don't think the commercial component can be there until
you get a Department of Health on board.
MR. VOORHIS: Just another clarification. And I think Pat may want to jump in on this
as well. But this document will create a record based on that this Board will have to issue
a statement of findings.
SUPERVISOR RUSSELL: Right.
MR. VOORHIS: The way you structure the findings is the way the law will have to be
written. Basically we can't deviate from what is studied and what comes out in the
findings. The intent at this time is that it is density neutral, there is no bait and switch
here. I mean, we really can't do that.
SUPERVISOR RUSSELL: Right. Right.
MR. VOORHIS: So I think we do, we have enough information to write the code, we
have the recommendations and a basis for the overall legislation and program. That will
be the next step. But basically the code would be written to conform to statement of
findings which will be consistent with the planning report and your further deliberations.
Southold Town Board Public Hearing 22
Draft GEIS for Transfer of Development Rights
So, again, I just, I think there was again a misunderstanding. I could look at the
document but I know that it says number one, that it is voluntary, number two that it is
density neutral and our intent right from the beginning was to keep it simple. So there are
a lot of words in here, there is a lot to read but I know the summaries, we stress that. I
think it was meetings with this Board in preparation for the public informational meeting
where you said make sure that everybody knows. And we added language to make sure
that everybody knew that those were the three key elements that we were looking at when
we began this. So the receiving area at 660 units, again, that is the maximum. That did
not reflect the cap. One column to the right of that is a lesser number, it is the
recommendation of this program. Just, it is a little bit redundant but a very important
point.
TOWN ATTORNEY F1NNEGAN: Can I just also add, when the code is written, there
will be public hearings at that time, too, on the code. This isn't the final public hearing.
SUPERVISOR RUSSELL: This is to accept the SEQRA document.
COUNCILMAN WICKHAM: And I would like to also add that the consideration of a
commemial component is included in the report as an alternative.
UNIDENTIFIED: (inaudible)
SUPERVISOR RUSSELL: I hope you people don't leave. I haven't read the statement
from Albert Krupski yet and I promised him I would. No, I can wait. Albert wanted to
be here, he couldn't make it. So my apologies to Albert if he watches this later.
UNIDENTIFIED: Just so you understand, we are not actually leaving, we are in session
in the other room.
SUPERVISOR RUSSELL: I understand that. And I will talk loud so you can hear me in
there.
UNIDENTIFIED: Can I ask Mr. Voorhis one question?
SUPERVISOR RUSSELL: Yeah. Can I get a clarification for the question from John
Copertino and then I will go to you, Mr. Meinke? You can ask me and I will...
MR. COPERT1NO: He kept saying density neutral?
SUPERVISOR RUSSELL: Right.
MR. COPERTINO: I don't understand that statement because if you are adding to the
density of the hamlet center, then it isn't density neutral, is it?
COUNCILMAN WICKHAM: Let's ask Chick to define density neutral.
Southold Town Board Public Hearing 23
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SUPERVISOR RUSSELL: Okay. Yeah, John Copertino.
MR. VOORHIS: The program is based on one sending area credit is equal to one
receiving area credit, period. We do recognize that there will be an increase in growth in
the HALO areas as is described in this report and we tried to disperse it in many different
ways that those units could be received so that it did not change community character
along with all the things that Leslie spoke about before in terms of the hamlet
development model, the stakeholder input and so forth. But one sending unit is equal to
one receiving unit. It is a shift in density from the areas that we want to preserve to the
areas that can sustain reasonable growth with better infrastructure and all the safeguards
that are in place.
SUPERVISOR RUSSELL: Thank you. Just let me go, Mr. Meinke?
MR. MEINKE: Just very quickly, I just wondered that I do know that Riverhead does
have a commercial component to their TDR program and when I was actively snooping
in Riverhead development projects and so on, I saw TDR's being used for commercial
things that had to do with some of the big box stores, so I, you make it sound like it is
excruciatingly difficult to get there, they are getting there and I wondered (inaudible)
SUPERVISOR RUSSELL: For two reasons, first of all, they have a sanitary system.
They have septic, they are not encumbered based on Department of Health rulings
because they have septic systems. They have public sewers. That is a huge bonus if you
are going to take control of your own zoning and in particularly Riverhead's case, allow
for the type of development that they do. We don't have that anywhere in Southold
Town but for the Village and we don't control their zoning. Secondly, their investment
market is very different. They have Wal-Mart, they have superstores that are willing to
invest substantial amounts of money to locate there. We don't have it and we don't want
it in Southold. A small business owner would find it very difficult in the current TDR
program because he doesn't get any sanitary component to that. In other words, to just,
to put 30 new seats out outside isn't enough for him. He needs to be able to go to the
Department of Health and know that they are going to approve that plan. (Inaudible)
might give him all the zoning concessions you want but if the Department of Health
doesn't sign off on it, there is no meat to it for him. There is no benefit to him. It just
becomes intangible. That is the component that is missing because again, under this
current proposal, the decision was to use farm district property. Those are active farming
properties and you can't transfer sanitary off of those. You could were you to expand
this program and talk about private nature preserves, you know, vacant, virgin land. Not
nature preserve but, yeah, and then you can get into that sanitary flow translation. You
can't under the current proposal because it is using active farmland and the county will
not allow you to transfer sanitary off of that.
MR. MEINKE: So Riverhead can take it from active farmland but where they put it has
sewers so that...
SUPERVISOR RUSSELL: Yeah, they have public sewers.
Southold Town Board Public Hearing 24
Draft GElS for Transfer of Development Rights
MR. MEINKE: Okay. That probably answers that question. The other thing that I
wanted to say refers to Mr. Copertino that I think that the residents of ail Southold feel
that it is very speciai just as the East Marion people do and that is why I stress we do
need a comprehensive plan. I would like to see a meeting of the minds between you on
the dais and the people out here on what, when you tell us what the current development
population number of housing units is now and what it will be when all this planning is
applied, do we have an intestinal feeling that we are going to like Southold when that
happens or do we not? And then if you had a master plan, my understanding of a master
plan is that you could enact a development plan that says this number of RDU's is the
answer because our residential component, our industrial component the attractiveness to
outside money for tourism and etc. depends on the keep it rural part of Southold and the
ambiance of Southold and it needs that number. I believe that would work if you had a
master plan. You could aiways change it and increase your development potential if you
had a master plan. If you don't have a master plan and you want to hold down
development, you are screwed and you all know that.
SUPERVISOR RUSSELL: Well, I agree. I think that we need to update the
comprehensive master plan. I just think that some people are using that right now
because they think it is going to bring everything to a grinding halt in their communities
and I think that is faulty thinking. I think there is a better legal approach that we are
taking. I know I am going to have a comment in a minute. Robin?
MS. IMANDT: This concept of neutral, what is it cailed?
SUPERVISOR RUSSELL: Density neutral.
MS. IMANDT: Density neutrai is a Karl Rove speciai. I mean, you are saying you have
one and you are going to have four over here. So that is not neutral to me. You have one
credit here and then you are going to, as Mr. Baiz said, rezone this other receiving area
and make that four. That is not neutrai. That is quadruple in my...
MR. VOORHIS: They would have to buy four to put four in that spot...
SUPERVISOR RUSSELL: Let me explain...
MS. IMANDT: That is not what you said before.
SUPERVISOR RUSSELL: Let me explain what they mean. This is the school district,
this is the hamlet center.
MS. IMANDT: Mmmhmm.
SUPERVISOR RUSSELL: Say the current potential right now for the entire school
district is 100 credits. By creating a TDR program, it simply allows you to locate some
of those credits within this district. It doesn't add to the hundred credits. That is a frozen
number. It simply lets you take rather than the two acre zoning here, it lets you buy and
Southold Town Board Public Heating 25
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relocate some of those 100 credits into this downtown, into this hamlet center. But the
net equation is 100 credits is still the same. Whether you are going to focus four of them
here or four of them on eight acres out here, you still at the end of the day you still have
100 credits. You are just allowing for zoning flexibility to locate tighter clusters in those
hamlet centers. That 100 is still the same number though.
MS. IMANDT: So basically you are glomming then into one area?
SUPERVISOR RUSSELL: Yeah. Glomming isn't a technical term but it is a good term.
MS. IMANDT: So in East Marion, there is no reason for this glomming effect. I mean,
we have a general store, we have a post office, we have a fire house, we have no industry
other than Angel's general store. What would be the reason to push that into that area
except to develop the area?
SUPERVISOR RUSSELL: In East Marion, again, it is the hamlet without a center. And
it is very unique and problematic from this point of view. In, say, a Cutchogue or a
Mattituck where you have a lot of active farmland and you want to save that farmland, it
is number one on everybody's priority list. Do you save that active farmland by
relocating that density into an area that can absorb it, like a Factory Avenue or an Old
Sound Avenue. I am not suggesting to the cameras that that is what we are doing, I am
just saying where you can focus that incentive in that development. Again, East Marion
is sort of the hamlet without a center so I know it is problematic when you look at it
there. My concern for East Marion is, what are you going to absorb from Orient, which
is completely separate and distinct. Because you have public water. So that is a concern
that I would like to resolve before we move forward on it.
MS. IMANDT: Well, why do we need to absorb anything from Orient?
SUPERVISOR RUSSELL: Well, I would suggest that if you had a program where all
you had to absorb was, what, if you are saving farmland in East Marion to put the density
elsewhere in East Marion you are getting the benefit of saving that farmland. But if you
are going to save farmland in Orient and move it to East Marion, that would be
problematic.
MS. IMANDT: Well, under your who benefits from this program, this to me is the whole
thing in a nutshell. Landowners, investors and developers benefit from an additional
mechanism to facilitate compatible and planned development projects that provide return
on investment. That has nothing to do with the community. That has everything to do
with people from the outside coming in and purchasing land to develop it to make money.
And the other thing I would like clarification on is HALO communities benefit from
investment in their hamlet areas resulting in redevelopment, whatever redevelop means,
and compatible land use which strengthens the hamlet and achieves other land
preservation goals. I would like somebody to please explain that.
SUPERVISOR RUSSELL: Sure. Somebody? Mark?
Southold Town Board Public Hearing 26
Draft GEIS for Transfer of Development Rights
MS. IMANDT: What is redevelopment?
UNIDENTIFIED (MARK): What page of the report are we referring to?
MS. IMANDT: I am looking at the summary, number seven, benefits from this program.
UNIDENTIFIED: Okay, these are general concepts that we believe that through this
program, those aspects, those seven points will benefit.
MS. IMANDT: What is redevelopment? Let's just start with that.
SUPERVISOR RUSSELL: I will give you a good example without going to the experts.
If I have property in Mattituck, let's say the old KG Brown property, that might be better
suited for a residential use facility. Right now it is an industrial park that is vacant. It is
buildings, it is old. If someone could secure development rights to relocate a senior
community there, invest in that existing infrastructure and invest in what is basically an
eyesore. That would be redevelopment of a site that is already developed. You don't
have those examples in East Marion. The only real site you have that has been left
derelict is the fish plant and nobody wants to invest in that, they just want it gone. So...
MS. IMANDT: Are there any hamlets that will be exempt from this program?
SUPERVISOR RUSSELL: Again, the program, it is not an automatic. You can create a
TDR all you want. You don't just run around and build, you have to come to the Town
Board for a change of zone in every single case. Whether it is a two acre lot in East
Marion or a 40 acre lot in Mattituck. You still have to come for a public heating and a
change of zone to get there. Nobody is given the right to develop their property any
greater than they are currently allowed to. Whether they are in a HALO or not. Whether
the TDR program is adopted or not. They still have to come in for a specific okay every
time it is done and a change of zone.
MS. IMANDT: Okay. Just one last comment and then, when the stakeholders presented
the results of what people in the communities wanted, we said we didn't want anything to
change in East Marion, as did many of the other I think almost all the hamlets said that, in
the newspaper, it said the Town supports that. So what happened? Because this is not
supporting that concept. This is completely different.
SUPERVISOR RUSSELL: You are looking at this issue just as if East Marion is the
only part of the process here. We have several hamlets.
MS. IMANDT: No, but all the hamlets said they didn't want things to change. They
might want a traffic light or they might want a bus stop or they might want I don't
remember the various things but nobody says, yes, we want development please.
Southold Town Board Public Heating
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27
SUPERVISOR RUSSELL: No, no. I think what they said was that we want smarter
development with design standards, we want investments in the downtown. In Mattituck,
they want investment in the derelict buildings. They just don't want this pell mell rush to
superstores, like the CVSs'. And that is the things, those are the challenges we need to
address for each of these hamlet centers. I don't think anybody met as a stakeholders
group and said we don't want it to change at ail. East Marion did and certainly Orient
had a good argument to be made for that but other stakeholders, in Southold they were
very progressive, you know, looking for pedestrian crossings, and pedestrian trails and
new design standards. So I don't think it was a document, let's freeze everything in time.
MS. IMANDT: You supported that. You the Town Board supported that and yet...
COUNCILMAN WICKHAM: I would like to address the comment that I heard. I
participated in all of the early meetings of the stakeholders, including East Marion and at
least in the early stages, I am not sure about the more recent ones but at least at the early
stages, every one of the stakeholders groups that I participated in was willing to see
greater density in the hamlet center provided it was planned and not excessive and
provided that it resulted in preservation somewhere outside. They didn't want to see
growth and development in the hamlet center if there were no benefit elsewhere in the
community but they did understand and they supported the concept. We didn't call it
TDR's at that time but everyone of the stakeholder groups that I participated and
essentially that was all of them, said yes, we are open to some modest growth within our
hamlet areas provided it is in good scale and not overdone and provided that it results in
some preservation outside. That is what this book is basically about and it is on a one to
one ratio. In other words, any growth in the hamlet is offset by an equivalent or equal
amount of reduction in growth in potential outside.
MS. IMANDT: I believe that the stakeholders meetings that you are talking about were
the appointed stakeholders.
COUNCILMAN WICKHAM: Mmmhmm.
MS. IMANDT: Not the final group of stakeholders that exist to this day. They said, in
East Marion and I am not saying East Marion is the most important thing in the world
and who cares about anybody else but that is where I live so that is what I am talking
about. East Marion did not want any kind of growth or hamlet center or HALO zone or
any of that stuff and that is what came out of the stakeholders meetings and that is what
the Town Board, in the newspaper I wish I had the article, supported that.
SUPERVISOR RUSSELL: Right. And let me give you two things. First of all, you are
being presumptuous to presume I support this. You said that if you support this, you are
not supporting our initiative. That is not true. I am not sure that I even support this.
Secondly, where I would be and I said the challenge particularly in East Marion, I said
that in the Suffolk Times were to keep things the way they are. Now to support the larger
proposal here which I haven't made up my mind yet to support that is not going to do in
East Marion. What would do in East Marion would be for me to somewhere down the
Southold Town Board Public Heating
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28
road, turn around and when someone comes in to receive density on Kortsolakis and I
would vote for it. That is where say I didn't keep my word in helping you try to keep
things the way they are. But the general TDR program, which is a town wide program
that might make sense in certain narrow circumstances isn't throwing in the towel on the
wishes of East Marion. The specific zoning would have to take place down the road. I
wouldn't, I know the tempo, I have met with ail of you, I know what the issues are in
East Marion and I don't see suitable locations for accepting TDR's. Again, I am not even
sure I support this notion but these specific actions down the road would decide whether
this Town Board supports the right of East Marion to stay the way it is or it doesn't. Not
this general TDR plan.
MS. IMANDT: Did I just hear you say though, that you do not support, that East Marion
would not be the correct place for these TDR's?
SUPERVISOR RUSSELL: I would have to look at, under this current plan, I don't think
East Marion should be stuck with the prospect of receiving density from Orient and on
those other more nuanced issues we can talk as we go. But East Marion is a challenge
there, there is no question about it and this might work in some cases, it might not in
others. You know, I have all these bullet points to raise issues tonight and I am sort of
raising them early but yeah, there are some concerns that have to be weighed in here but
it certainly doesn't apply in every case. This is not a perfect plan.
MS. IMANDT: Right. Thanks.
SUPERVISOR RUSSELL: Mark?
MARK TERRY: Mark Terry, Planning Board. I am part of the TDR team. I just want to
qualify some of the practical applications of how the TDR can be used and I think that is
what we had in mind when we addressed the smaller hamlet or any hamlet for that
matter. And this sort of came out of the hamlet stakeholders groups where they wanted
flexibility and maybe the ability to tom a carriage house or one of their garages maybe
into a second dwelling and so when we look at the study, you will see that the way you
can land some of the TDR units is through what we cail a detached accessory dwelling
unit and that could be essentially a second residential structure on the same lot, which is
prohibited by law now. So that is one of the flexibilities written into the program and I
think that would be terrific for East Marion as far as infill on certain structures that
already exist. We are not looking at whole end to end lot line buildout for East Marion, I
can say that we are very, very aware of the sense of community, we are aware of the
quality of live, even for the entire, all the hamlets. So I think that you really have got to
get down to the details and not fear the program but recognize it that it could be a way to
keep some of your sons and daughters here. Instead of buying a half acre or one acre lot
at $360,000 you may buy one credit at $160,000 from a farmer. So you know, there are
some reai benefits from this program for those communities that you just can't forecast or
see the density integrated now. That is it.
SUPERVISOR RUSSELL: Thank you. Linda?
Southold Town Board Public Hearing 29
Draft GElS for Transfer of Development Rights
MS. GOLDSMITH: It is my assumption that this program is not for lots with existing
houses, is that correct?
SUPERVISOR RUSSELL: It could be. It could be. Again, it depends on how you want
to nuance this plan but I will give you an example. And I know many houses in East
Marion that have converted garages over the years, they are just not simply sanctioned.
Building permits, etc because it is not allowed under the current code. They could
theoretically come in and try to get it sanctioned by securing a TDR. That might be one
way to dissolve the building rights on Kortsolakis, which there is a big demand to
preserve right now.
MS. GOLDSMITH: So ifI own a home, as I do now, I could buy the development rights
from someone and come in and ask if I could put an accessory home on that property?
SUPERVISOR RUSSELL: It depends on the size of your property. I think the allowance
is to half acre density? So if you have an acre, yes, theoretically you could do that.
MS. GOLDSMITH: Okay, so if you had 3A of an acre you could not, probably.
SUPERVISOR RUSSELL: Wouldn't be allowed under Department of Health.
MS. GOLDSMITH: Okay, my other question is we are talking about within school
district lines and things like that. You need to remember that if density increases in East
Marion the school district grows in Greenport because we send everybody, we send 90
students up there now. So if the density increases in East Marion, Greenport school
district increases students and we pay tuition to Greenport so it would be very costly for
the taxpayers in Greenport when you increase that. The other thing is is that we are
talking again about big houses, doesn't mean they have the least children. Well, I have
lived in East Marion a long time and when my children were in school probably 18 years
ago, there weren't big houses. There was tons of farmland. There was 136 children in
Oysterponds school. Today with all the big gigantic houses and everything, is 101.
SUPERVISOR RUSSELL: Okay. I think what I need to do is ask this Board and Chick
you in particular, please specify with greater clarity the issue of density neutral. I think
there is a misunderstanding that density or populations are going to shift. If you have the
right to build 100 houses in East Marion right now and this is adopted, you still at the end
of the day only are allowed to build 100. It doesn't change that. It wouldn't change that
population shift. So I think we need to do a lot better clarity on that. Benja?
MR. SCHWARTZ: Good evening again. Benja Schwartz. Two questions that are
puzzling me. One, on the sending areas, how are, is it determined which properties will
be allowed to sell the development rights and how does that compare with the current
evaluation program in connection with our purchase of development rights programs?
(inaudible) Let me just ask this and then I will sit do~m. Second question is on the
receiving areas. You said several times that each receiving parcel would require a zone
change and so that is going to make it awful hard for people who want to buy one of
Southold Town Board Public Heating 30
Draft GEIS for Transfer of Development Rights
these properties to go through a complete change of zone. Is that the way this program is
intended to work? To have to do a rezoning every time a development credit is received?
SUPERVISOR RUSSELL: That is a good question.
COUNCILMAN WICKHAM: Why don't we let them answer?
SUPERVISOR RUSSELL: Yeah, I will let them. Let me just address the first issue. The
sending zone is almost identical to our preferred list of buying for PDR's, purchase of
development rights because it is active farmland and one of the goals of this town has
been to acquire the development rights to active farmland and keep it active. By
selecting properties from the ag district which is used as a template for the sending area,
that is the land that is currently being actively farmed. Chick?
MR. VOORHIS: I will give Benja a copy of the summary as well because I think it is all
pretty well specified in there. The first question had to do with sending areas, how is it
determined who sells development rights. Basically a landowner that is designated as a
parcel, a sending parcel, can apply to, in this case we are recommending the Town Clerk,
to get an interpretation or credit certificate that is a tradable commodity. It is a privately
based, market driven program, so someone that wishes to use that development right on a
receiving parcel would approach that landowner through a registry and purchase the
credit and then use it as part of the development project. The second question had to do
with do all the receiving parcels require a change of zone. Our report and the
recommendation in the report does not suggest that every receiving parcel would require
a change of zone. We actually divided it between the Planning Board, the Zoning Board
of Appeals and the Town Board to incrementally disperse density within the receiving
areas. The Town Board's role would be in one of the comments that came up earlier, if
you were to consider a parcel appropriate for say HD zoning, you could consider that as
long as it occurs with the redemption of credits or the extinguished amount credits that
would be shifted to the parcel. The Zoning Board of Appeals is recommended to be the
appropriate Board and again, this is just our recommendation for something like a
detached accessory residential unit, which was also discussed before. That seems to be
an appropriate small incremental increase where somebody could purchase a
development right and create an on-site additional residence where you couldn't do that
now. And the Planning Board is basically in our recommendations would be able to
marginally increase the density of a residential subdivision by slightly decreasing the lots.
And the factor is roughly a 20% increase in density for any given subdivision. As long as
it is in the HALO and it meets the criteria, our recommendation is the Planning Board
would be able to do that. So we think that it distributes the development rights
throughout the hamlets.
SUPERVISOR RUSSELL: Then I have a question. The ZBA currently, if you give them
the authority, would have the right to create an accessory structure on an existing lot. It
is not a subdividable lot though. It is the house and the secondary structure, you can go
out and buy a TDR and create a house in that. It is still one property, it is not
subdividable. I understand that. But how can the Planning Board have the authority to
Southold Town Board Public Hearing
Draft GEIS for Transfer of Development Rights
31
grant greater density than current zoning allows since at the end of the day, it is the Town
Board that speaks to the issues of zoning and density not the Planning Board. They just
administrate what we pass as law. So I don't know that I would be comfortable with a
plan that would give any of the reviewing panels the right to increase density. That at the
end of the day needs to be t he hard decisions that get made here. So that...
TOWN ATTORNEY FINNEGAN: The plan would be to put that though into the zoning
code.
SUPERVISOR RUSSELL: Okay.
TOWN ATTORNEY FINNEGAN: If you took a detached dwelling unit, you would say
put that into your zoning code in this zone if it was in the HALO.
SUPERVISOR RUSSELL: Yeah, but the ZBA makes sense because there is already
prescription for that. It just simply allows it as a separate structure not attached to the
dwelling unit. But if you are going to allow someone to take one acre and just go to the
Planning Board and create two half acre lots on that...
MR. VOORHIS: No.
SUPERVISOR RUSSELL: That is change of zone. That would require the Town Board.
MR. VOORHIS: As I said, it is roughly a, it works out to a 20% maximum increase. So
if you have a 10 lot subdivision, you could add two units. That is the limit. I will tell you
that...
SUPERVISOR RUSSELL: How is the (inaudible)
MR. VOORHIS: ...there is a precedence for it because it is exactly the same as the
program that is used in the Pine Barrens where local town government can marginally
increase, through the Planning Board, the density.
SUPERVISOR RUSSELL: Marginally. Okay, if you have that one acre lot and you want
to take and create two, you have the existing structure, do you want to create a separate
building lot? That under this current plan would require Town Board action. Town
Board action. Okay. That is a change of zone realistically from 80,000 to 40,000 square.
40,000 to 20,000. Okay. Did we confuse you enough? John?
MR. COPERTINO: It seems to me that we are mentioning affordable housing,
unaffordahle housing, four and five bedroom housing etc. The problem is housing. No
matter what cost the housing is here and the easiest solution to housing in my estimation,
your estimation and your previous Board's recommendations that you chaired, is
regulating accessory apartments. I don't know why that isn't being, that is an immediate
fix. An immediate fix.
Southold Town Board Public Hearing
Draft GEIS for Transfer of Development Rights
32
SUPERVISOR RUSSELL: We are working on that. We are actually, through the
housing commission, the Affordable Housing Commission, met with the Suffolk County
Department of Health to explore options. We are moving in that direction. There is a
certain amount of science involved because we just again, don't have the right to convey
what we want, you need Department of Health okay as to the sewer system. But we are
working on that very program right now.
MR. COPERTINO: And that is the immediate problem.
SUPERVISOR RUSSELL: And it addresses a much...
MR. COPERTINO: You know, we mention TDR's and building on an acre. It is all
going to be unaffordable. You know? It is always going to be very costly. $300,000-
$400,000 for the acre etc. Get the people housed first, put them in accessory apartments
and then try to figure you know, TDR's and ...
SUPERVISOR RUSSELL: You and I have talked about this a lot. And I agree. I think
statistically much more significant to look at the apartment route. We can make a bigger
difference.
MR. COPERTINO: I mean it seems simple to me. I mean, of course it is much more
difficult than that but you know, I think that the Board should be working on it diligently
and trying to get something passed for the younger people in the Town.
SUPERVISOR RUSSELL: Would anybody like to address the Town Board?
UNIDENTIFIED: I will be quick, I just have an observation. Previously farmers would
sell their land, sell their development rights and that was it, it wasn't like, well, okay what
am I going to get for it? They would just sell their development rights, the land would be
preserved for the future and right now something has started where well, they can get
probably more money and in the meantime it is going to be creating higher density
somewhere else. To me it is an observation that just says it is kind of sad in my respect.
I don't know what incentive a farmer would have to just sell the development rights for
the land to be preserved unless they were truly altruistic and you know, unfortanately
they want to make a buck too, so I wouldn't blame them for getting more money with the
TDR. But it is just an observation.
SUPERVISOR RUSSELL: I think the one thing that needs to be understood with what
you said was, we are really changing the focus of preservation a little bit because
historically development rights were bought by the Town and extinguished the same day
by the Town. If you are going to go to a private market, those rights are going to have to
be, the developer is going to want to be make whole, so he is going to want to land them
somewhere. Whereas if the Town served as a bank and went out and bought these
TDR's, we could, at the vote of the Board, extinguish them at any time. Just like we do
with current PDR's. and that was one concern I had with Councilman Ruland, we talked
about maybe the Town should stay in as a bank because if we decide you can't land 30
Southold Town Board Public Hearing 33
Draft GEIS for Transfer of Development Rights
units here, we can extinguish them and that is that. It would be no different than our
traditional approach. That is a good point. Anyone else like to address the Board?
FLORENCE COPE: Florence Cope from East Marion. Maybe just another part of our
uniqueness, we are two square miles in size, two thirds of which is surrounded by water,
Bay and Sound and in that two square miles, we currently have 650 residences. My
concern is previously a gentleman mentioned when they spoke of caps on development
within a hamlet or a HALO zone, East Marion was listed to 73.
SUPERVISOR RUSSELL: That is total potential, isn't it? 29, your, the cap. Seventy
nine is the total you can absorb based on Department of Health standards. The cap would
impose your limit at 29.
MS. COPE: Twenty nine but it could go to 73.
COUNCILMAN WICKHAM: No. Twenty nine.
SUPERVISOR RUSSELL: Would be the cap. But a new Town Board could always
elevate that cap down the road.
MS. COPE: That is my point. Right. It could be elevated. For clarification, looking at
the map here, East Marion has no sending acreage at all. So I don't know just how this
formula applies to us, other than what we have in Orient because we are talking of school
district.
SUPERVISOR RUSSELL: That is again, I raised that issue earlier. You do have
potential for sending area in Sep's. My understanding of that is that the owner of that
wants to enroll in the ag district. That would potential add it to the list of sending areas.
But again, when you are looking at active farmland, there is not a lot in East Marion that
is part of the ag district, I know. Fair point.
MS. COPE: Okay. One other issue for East Marion and starting now today it is the end
of May. For the next three months and Mr. Wickham, I would invite you to try and come
to our post office on a Saturday morning and leave it safely. The traffic, you want to talk
about density, we put up with there and an excessive speed limit. I would love to see
down to even 40 for safety, not that everybody is going to do it maybe they will do 55
instead of 65. but the density there for us, all the way out to the Point, we have no other
road and to add additional density to that, I think maybe that is one of the reasons we are
all fighting so hard for this little place, we really can't, it is just not safe. So I just need to
mention that. Thank you.
SUPERVISOR RUSSELL: Okay. Thank you. Would anyone else like to address the
Board? I really have to read this from Albert (Councilman Krupski). I am sorry, you
have to indulge me, I promised him. Albert could not be here tonight because both of his
daughters are being honored at ROTC awards ceremony and as dads go, I don't blame
him. That should have been his first priority. "I regret not being able to be here with the
Southold Town Board Public Hearing 34
Draft GEIS for Transfer of Development Rights
Board this evening, my two daughters both participate in the Mattituck ROTC program
and tonight is the annual awards dinner for the whole Mattituck-Southold-Greenport unit.
I feel that my presence there to support my daughter's and their participation in the
ROTC program is important. I have attended several TDR work sessions as a Town
Board member as well as the previous public presentation. I believe that the program as
proposed, I am sorry, he hand wrote this; has merit and I support this concept as a means
of enhancing the Town of Southold's land preservation efforts. Land preservation is a
long term goal of the Town and I believe we should explore all options to reach that goal.
Sincerely, Albert Kmpski, Jr." Okay. Would anybody else like to come up and address
the Town Board? (No response) Hearing none, can I get a motion ....
COUNCILMAN WICKHAM: I would like to make just one brief comment about the cap
and the ratio of sending areas to receiving areas. In my experience and knowledge about
transfers of development rights programs elsewhere, the programs that have really
succeeded in making a lot of transfers are those that have a lot of receiving areas relative
to sending areas. When you don't have, when the ratio is reversed, when you have a lot
of potential sending areas and not many receiving areas those programs they are on the
books, there may be an occasional person who will take advantage of it but generally
speaking, there aren't a whole lot of transfers that are consummated. With the caps that
we have and that are in the book, that are proposed, and given the numbers that are out
there, I think this can be a useful program but I really don't think we are going to see a
whole lot of transfers. Unless we have a commemial component, which is one of the
alternatives in the book, that would provide another way to receive units, unless that were
in place, I think this program could be successful, it could be nice to have in the books. It
might have some marginal value here and there but I don't really think that it will result
in very many transfers.
SUPERVISOR RUSSELL: Anybody else? Board members like to comment? I have a
lot of reservations about it. I sort of expressed them in piecemeal fashion to you earlier
tonight but this isn't a vote tonight. This is just a, we are going to close the hearing but I
am sure we will have other public hearings and be able to explain a lot of our ongoing
concerns. Move to adjourn?
COUNCILMAN WICKHAM: I move we adjourn but we keep the hearing open for
written comment for ....
TOWN ATTORNEY FiNNEGAN: You actually close the heating, and you will accept
written comment for 10 days.
SUPERVISOR RUSSELL: Okay, we are going to have a motion to close the hearing
tonight and then accept written comments for 10 days.
Motion to close the hearing.
Motion to adjourn.
Southold Town Board Public Hearing 35
Draft GEIS for Transfer of Developmem Rights
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1600
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
F A X
To:
From:
Date:
Pages:
Ashley
Nelson, Pope & Vroohis
427-5620
Lynda M Bohn
Principal Account Clerk
July 22, 2008
.~ including cover
RESOLUTION 2008-415
ADOPTED
DOC ID: 3820
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-415 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 22, 2008:
WHEREAS, the Town Board of the Town of Southold (the "Board") has assumed lead agency
status for review of the proposed Transfer of Development Rights program and for the purpose
of compliance with the State Environmental Quality Review Action (SEQRA) for the action, as
codified in 6 NYCRR Part 617, and
WHEREAS, the Board found that a Generic Environmental Impact Statement (GEIS) would be
necessary, and issued the appropriate determination (via a Positive Declaration) to require such
document for the proposed action, and
WHEREAS, the Draft Generic Environmental Impact Statement (DGEIS) has been prepared~
the Board has reviewed the document and determined that it is adequate for public review and
comment.
NOW THEREFORE BE IT RESOLVED, that the Town Board hereby accepts the Draft
Generic Environmental Impact Statement after due deliberation and review of the prepared
documentation, for the purpose of public and interested agency review and input, and
BE IT FURTHER RESOLVED, the Town Board hereby directs the Town Clerk to file a
Notice of Complete Draft EIS and Notice of Public Hearing in accordance with the Notice and
Filing Requirements of SEQRA and circulate the Draft EIS to public, interested agencies and
parties of interest (noted below), in accordance with 6 NYCRR Part 617.12, and
BE IT FURTHER RESOLVED, the Town Board hereby sets a Public Information Session
for review of the DGEIS document on May 6~ 2008 at 7:30 p.m. at the Southold Town Hall~
53095 Main Road~ Southold; and
Resolution 2008-415 Board Meeting of April 22, 2008
BE IT FURTHER RESOLVED, the Town Board will hold a public hearing on the Draft
GEIS at a special Town Board Meeting on May 27~ 2008 at 7:30 p.m. at the Southold Town
HalL 53095 Main Road~ Southold, to receive public comment on the DGEIS. At least 10 days
will be provided for written comment after the close of the public hearing, and
BE IT FURTHER RESOLVED, that the To~vn Board of the Town of Southold hereby directs
the Town Clerk to file Notice of the Public Hearing in at least one (1) local newspaper, at least
fifteen (15) days prior to the Public Hearing.
Town of Southold Supervisor's Office
Town Clerk of the Town of Southold
Town of Southold Planning Board
Town of Southold Zoning Board of Appeals
Town of Southold Town Trustees
Suflblk County Dept. of Health Services
Suftblk County Dept. of Public Works
Suflblk County Water Authority
Suffolk County Planning Commission
NYS Dept. of Environmental Conservation, Commissioner, Albany
NYS Dept. of Environmental Conservation, Regional Office at Stony Brook
NYS Dept. of Transportation
NYS Dept. of State
US Army Corps of Engineers
Inc. Village of Greenport
Town of Riverhead
Town of Southampton
Town of Shelter Island
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUSI
MOVER: Albert Krupski Jr., Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Updated: 4/22/2008 11:12 AM by Lynda Rudder Page 2
New York State Department of Environmental Conservation
Division of Environmental Permits, Region One
SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409
Phone: (631) 444-0403 · FAX: (631) 444-0360
Website: www.dec.state.ny.us
Alexander B. Grannis
Commissioner
June 4, 2008
RECEIVED
Ms. Lynda M. Bohn
Deputy Town Clerk
Town of Southold, Town Hall
P.O. Box 1179
Southold, NY 11971
JUN - 6 2008
RE: Town of Southold Draft Generic Environmental Impact Statement for the
Town of Southold Transfer of Development Rights Program
Dear Ms. Bohn:
The Department of Environmental Conservation has reviewed the referenced document, and
we have the following concern. There are a number of New York State regulated freshwater
wetlands located within and/or directly adjacent to the proposed HALO receiving areas. Increasing
the development density of lots that contain or are adjacent to regulated freshwater wetlands may
lead to proposed projects that do not meet the standards for permit issuance pursuant to the
Freshwater Wetlands Act. This Department is interested in preventing property owners from
purchasing TDR credits to increase the development density of lots which contains wetlands only
to learn afterwards that their proposed project is not compatible with New York State regulations.
We recommend that the Town require applicants within the receiving area with property on or near
regulated freshwater wetlands to obtain a permit or letter of non-jurisdiction from the NYSDEC prior
to being granted approval by the Town to use TDR credits to increase development density on their
property.
Thank you for the opportunity to provide comments on this document. If I can be of any
further assistance, please call me at 631-444-0403.
Sincerely,
////~hn;i;ioAn~iCehn;ral Analyst
cc: Kevin Jennings, NYSDEC
#8826
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
15th day of May, 2008.
Principal Clerk
Sworn to before me this
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEBEBY GIVEN That
the Town Board will hold a uublic hea~
~'(~ dayof '~~ 2008
PUBtlC-$TATE OF NEW YORK
No. 01.VO6105050
~uallfled In Suffolk County
SUFFOLK COUNTY WATER AUTHORITY
Stephen M, Jones
Chief Executive Officer
Administrative Offices: 4060 Sunrise Highway, Oakdale, New York 11769-0901
(631) 563-0219
Fax (631) 563-0370
May 8, 2008
Ms. Lynda M. Bohn
Deputy Town Clerk
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
RECEIVED
I/AY 1 2 2008
Re: DGEIS TDR Program
Dear Ms. Bohn:
Please advise Supervisor Russell and the members of the Town Board that we applaud their
initiative to guide future growth and development into the so- called HALO areas. As indicated by
the TDR study, this is where the existing infrastructure is, including our water distribution system.
Additionally the lot sizes within the HALO boundaries are less likely to have large expanses of
vegetation irrigated by public water supply.
We have determined after close review of the TDR DGEIS and the HALO studies that the
HALO zones are also not located near the zones of contribution of our north fork water supply areas
so that additional planned development in and around the downtown areas on the north fork will
have no impact on drinking water quality.
I thank you for the opportunity to review this local planning initiative of the Town of
Southold.
/~ e~/~M. Jones
'CRlef,15xecutive Officer
SMJ:kk
2006 National Source Water Protection Award Winner
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN That the Town Board will hold a public hearing on
the Draft GEIS for the Transfer of Development Rights {TDR) at a special Town
Board Meeting on May 27~ 2008 at 7:30 p.m. at the Southold Town Hall~ 53095
Main Road~ Southol& to receive public comment on the DGEIS. At least 10 days will
be provided for written comment after the close of the public hearing.
Dated: April 22, 2008
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON May 15, 2008, AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Tov~q~terk ~-Butleti~ Board
Planning Department
Town Attorney
Town Board
Land Preservation
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the ~ day of ~rY')tLo,,~ ,2008, she affixed a
notice of which the annexed printed notice is a tree copy, in a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Special Meeting DGEIS TDR 5/27/08, 7:30 pm
Southold Town Clerk
Sworn before me this
~ day of '(Y"xo..,-,x_ ,2008.
Nota}y Public
LYNDA M. BOHN
NOTARY PUBLIC, State of New York
No. 01 BO6020932
Oualified in Suffolk Count~
Term Expires March 8, 20 ~
#8803
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for ~ week(s), successively, commencing on the
1st day of May, 2008.
Principal Clerk
Sworn to before me this
LEGAL NOTICE
NOTICE OF PL~LIC ~ARING
NOTICE I~ liE~EBY GIVEN, that
thc Town Board of the Town of Southold
will hold a ~
for review n~ ~e D4~.EI~ m on
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
NO, 01-VO6105050
Qualified in Suffolk County
My Commi$~ion Expires February 28, 2012
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN That the Town Board will hold a public hearing on
the Draft GElS at a special Town Board Meeting on May 27~ 2008 at 7:30 p.m. at
the Southold Town HalL 53095 Main Road~ Southold, to receive public comment on
the DGEIS. At least 10 days will be provided for written comment after the close of the
public hearing.
Dated: April 22, 2008
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON May 15, 2008, AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Town Clerk's Bulletin Board
Planning Department
Town Attorney
Town Board
Land Preservation
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the ,~ day of I~t~ ,2008, she affixed a
notice of which the annexed printed notice is a true copy, in a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Public Hearing DGE1S for TDR, 5/27/08 7:30 pm
~ Eiizab'eth A. Neville
Southold Town Clerk
Sworn before me this
-~ day of ~"~Go-,,._~ ,2008.
NOtary Public
LYNDA M. BOHN
NOTARY PUBLIC, State of New York
No. 01BO6020932
Qualified in Suffolk Count'~
Term Expires March 8, 20
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE 1S HEREBY GIVEN, that the Town Board of the Town of Southold will
Public Information Session for review of the DGEIS document on the proposed
Transfer of Development Rights program on May 6~ 2008 at 7:30 p.m. at the
Southold Town Hall~ 53095 Main Road~ Southold
Dated: April 22, 2008
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON May 1, 2008, AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Town Clerk's Bulletin Board
Planning Department
Town Attorney
Town Board
Land Preservation
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the 5 day of /}(G_ia/ ,2008, she affixed a
notice of which the annexed printed notice is a true~opy, in a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Public Information Session DGEIS for TDR, 5/6/08 7:30 pm
Southold Town Clerk
Sworn before me this
.~' day of [Y/ao.~ ,2008.
Notary Public
LYNDA M. BOHN
~OTARY PUBLIC, State of New York
No. 01 B06020932
Qualified in Suffolk County
Term Expires March 8, 20
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
/..-,t-,C& ~a.ni , being duly sworn, says that on the '~
day of ~- ~ I ,2008, he delivered to Floyd Memorial Library, Southold
Free Library, Cutchogue New Suffolk Library and Mattituck-Laurel Library a hard copy
of the Draft Generic Environmental Impact Statement (DGE1S) for the proposed Transfer
of Development Rights (TDR) program
,~wom before me this
04*` day of~, 2008.
tary Public
MICHELLE L MARTOCCHIA
NOT.M1Y PUBLIC - STATE OF NEW YORK
NO. 01MA6156671
~UAt. IFIED IN SUFFOLK COUNTY
MY COMMISSION EXPIRES NOV. 27, 2o._LQ
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
~"FfC4 ~q-,t3 , being duly sworn, says that on the '~0
day of--/brae ,- ( ,2008, he delivered to Floyd Memorial Library,
Southold
Free Library, Cutchogue New Suffolk Library and Mattituck-Laurel Library a hard copy
of the Draft Generic Environmental Impact Statement (DGEIS) for the proposed Transfer
of Development Rights (TDR) program
Sworn before me this
.':~q'~ day of~, 2008.
· l~l~tary Pu~-ic ' - -
UICHELLE t MARTOCOHIA
NOTARY PUBLIC - STATE OF NEW Y~
NO. 01M~15~71
~ALIFIED IN SUFFOLK COU~
~ COMMISSION ~PIRES NOV. 27, 20~
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 30, 2008
Mr Vito Minel
P.E., Director
Suffolk County Department of Health Services
220 Rabro Drive
Hauppauge, NY 11788-4296
Dear Mr Minel:
On April 22, 2008, the Southold Town Board adopted the Draft Generic Environmental
Impact Statement (DGEIS) for the proposed Transfer of Development Rights program.
In accordance with the Notice and Filing Requirements of SEQRA, a copy of the DGEIS
is enclosed for your review.
There will be a Public Information Session for review of the DGEIS on May 6, 2008 at
7:30 pm at the Southold Town Hall, 53095 Main Road, Southold and a public hearing at
a Special Town Board meeting on May 27, 2008 at 7:30 pm to receive public comment
on this document.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
eno
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork, net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 30, 2008
Mr. Gilbert Anderson, P.E.
Commissioner
Suftblk County Department of Public Works
335 Yapank Avenue
Yapank, NY 11980
Dear Mr. Anderson:
On April 22, 2008, the Southold Town Board adopted the Draft Generic Environmental
Impact Statement (DGEIS) for the proposed Transfer of Development Rights program.
In accordance with the Notice and Filing Requirements of SEQRA, a copy of the DGEIS
is enclosed for your review.
There will be a Public Information Session for review of the DGEIS on May 6, 2008 at
7:30 pm at the Southold Town Hall, 53095 Main Road, Southold and a public hearing at
a Special Town Board meeting on May 27, 2008 at 7:30 pm to receive public comment
on this document.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
enc
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork, net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 30, 2008
Mr. Stephen Jones, CEO
Suftblk County Water Authority
4060 Sunrise Highway
Oakdale, NY 11769
Dear Mr. Jones:
On April 22, 2008, the Southold Town Board adopted the Draft Generic Environmental
Impact Statement (DGEIS) for the proposed Transfer of Development Rights program.
In accordance with the Notice and Filing Requirements of SEQRA, a copy of the DGEIS
is enclosed for your review.
There will be a Public Information Session for review of the DGEIS on May 6, 2008 at
7:30 pm at the Southold Town Hall, 53095 Main Road, Southold and a public hearing at
a Special Town Board meeting on May 27, 2008 at 7:30 pm to receive public comment
on this document.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
enc
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 30, 2008
Mr. Andrew Freleng
Suflblk County Planning Commission
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, NY 11788
Dear Mr. Freleng:
On April 22, 2008, the Southold Town Board adopted the Draft Generic Environmental
Impact Statement (DGEIS) for the proposed Transfer of Development Rights program.
In accordance with the Notice and Filing Requirements of SEQRA, a copy of the DGEIS
is enclosed for your review.
There will be a Public Information Session for review of the DGEIS on May 6, 2008 at
7:30 pm at the Southold Town Hall, 53095 Main Road, Southold and a public hearing at
a Special Town Board meeting on May 27, 2008 at 7:30 pm to receive public comment
on this document.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
enc
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 30, 2008
Mr. Subimal Chakraborti
Regional Directors Office
NYS Department of Transportation
State Office Building
250 Veterans Memorial Highway
Hauppauge, NY 11788
Dear Mr. Chakraborti:
On April 22, 2008, the Southold Town Board adopted the Draft Generic Environmental
Impact Statement (DGEIS) for the proposed Transfer of Development Rights program.
In accordance with the Notice and Filing Requirements of SEQRA, a copy of the DGEIS
is enclosed for your review.
There will be a Public Information Session for review of the DGEIS on May 6, 2008 at
7:30 pm at the Southold Town Hall, 53095 Main Road, Southold and a public hearing at
a Special Town Board meeting on May 27, 2008 at 7:30 pm to receive public comment
on this document.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
enc
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 30, 2008
Mr. Peter A. Scully
Regional Director
New York State Department of Environmental Conservation
SUNY ~ Stony Brook
50 Circle Road
Stony Brook, NY 11790-3409
Dear Mr. Scully:
On April 22, 2008, the Southold Town Board adopted the Draft Generic Environmental
Impact Statement (DGEIS) for the proposed Transfer of Development Rights program.
In accordance with the Notice and Filing Requirements of SEQRA, a copy of the DGEIS
is enclosed for your review.
There will be a Public Information Session for review of the DGEIS on May 6, 2008 at
7:30 pm at the Southold Town Hall, 53095 Main Road, Southold and a public hearing at
a Special Town Board meeting on May 27, 2008 at 7:30 pm to receive public comment
on this document.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
enc
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 30, 2008
Ms. Lorraine A. Cortes-Vazquez
Secretary of State
NYS Department of State
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
Dear Ms. Cortez-Vazquez:
On April 22, 2008, the Southold Town Board adopted the Draft Generic Environmental
Impact Statement (DGEIS) for the proposed Transfer of Development Rights program.
In accordance with the Notice and Filing Requirements of SEQRA, a copy of the DGE1S
is enclosed for your review.
There will be a Public Information Session for review of the DGEIS on May 6, 2008 at
7:30 pm at the Southold Town Hall, 53095 Main Road, Southold and a public hearing at
a Special Town Board meeting on May 27, 2008 at 7:30 pm to receive public comment
on this document.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
cnc
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 30, 2008
Colonel Aniello L. Tortora
Commander and District Engineer
U.S. Army Corps Of Engineers
New York District
26 Federal Plaza
New York, NY 10278-0090
Dear Colonel Tortora:
On April 22, 2008, the Southold Town Board adopted the Draft Generic Environmental
Impact Statement (DGEIS) for the proposed Transfer of Development Rights program.
In accordance with the Notice and Filing Requirements of SEQRA, a copy of the DGEIS
is enclosed for your review.
There will be a Public Information Session for review of the DGE1S on May 6, 2008 at
7:30 pm at the Southold Town Hall, 53095 Main Road, Southold and a public heating at
a Special Town Board meeting on May 27, 2008 at 7:30 pm to receive public comment
on this document.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
enc
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southaldtown.northfork, net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 30, 2008
Ms. Dorothy Ogar
Shelter Island Town Clerk
Town Hall
38 North Ferry Road
Shelter lsland, NY 11964
Dear Ms. Ogar:
On April 22, 2008, the Southold Town Board adopted the Draft Generic Environmental
Impact Statement (DGEIS) for the proposed Transfer of Development Rights program.
In accordance with the Notice and Filing Requirements of SEQRA, a copy of the DGEIS
is enclosed for your review.
There will be a Public Information Session for review of the DGEIS on May 6, 2008 at
7:30 pm at the Southold Town Hall, 53095 Main Road, Southold and a public hearing at
a Special Town Board meeting on May 27, 2008 at 7:30 pm to receive public comment
on this document.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
enc
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRL~GE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor th fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 30, 2008
Ms. Barbara Grattan
Riverhead Town Clerk
Town Hall
200 Howell Avenue
Riverhead, NY 11901
Dear Ms. Grattan:
On April 22, 2008, the Southold Town Board adopted the Draft Generic Environmental
Impact Statement (DGEIS) for the proposed Transfer of Development Rights program.
In accordance with the Notice and Filing Requirements of SEQRA, a copy of the DGEIS
is enclosed for your review.
There will be a Public Information Session for review of the DGE1S on May 6, 2008 at
7:30 pm at the Southold Town Hall, 53095 Main Road, Southold and a public hearing at
a Special Town Board meeting on May 27, 2008 at 7:30 pm to receive public comment
on this document.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
enc
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 30, 2008
Greenport Village Clerk & Treasurer
236 Third Street
Greenport, NY 11944
Dear Madam:
On April 22, 2008, the Southold Town Board adopted the Draft Generic Environmental
lmpact Statement (DGEIS) for the proposed Transfer of Development Rights program.
In accordance with the Notice and Filing Requirements of SEQRA, a copy of the DGEIS
is enclosed for your review.
There will be a Public Information Session for review of the DGEIS on May 6, 2008 at
7:30 pm at the Southold Town Hall, 53095 Main Road, Southold and a public hearing at
a SpeciaI Town Board meeting on May 27, 2008 at 7:30 pm to receive public comment
on this document.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
eric
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.north fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 30, 2008
Southampton Town Clerk
Town Hall
116 Hampton Road
Southampton, NY 11968
Dear Madam:
On April 22, 2008, the Southold Town Board adopted the Draft Generic Environmental
Impact Statement (DGEIS) for the proposed Transfer of Development Rights program.
In accordance with the Notice and Filing Requirements of SEQRA, a copy of the DGEIS
is enclosed for your review.
There will be a Public Information Session for review of the DGEIS on May 6, 2008 at
7:30 pm at the Southold Town Hall, 53095 Main Road, Southold and a public hearing at
a Special Town Board meeting on May 27, 2008 at 7:30 pm to receive public comment
on this document.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
enc
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.north fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 30, 2008
Mr. Peter Grannis
Commissioner
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 1223-1011
Dear Mr. Grannis:
On April 22, 2008, the Southold Town Board adopted the Draft Generic Environmental
Impact Statement (DGE1S) for the proposed Transfer of Development Rights program.
In accordance with the Notice and Filing Requirements of SEQRA, a copy of the DGEIS
is enclosed for your review.
There will be a Public Information Session for review of the DGEIS on May 6, 2008 at
7:30 pm at the Southold Town Hall, 53095 Main Road, Southold and a public hearing at
a Special Town Board meeting on May 27, 2008 at 7:30 pm to receive public comment
on this document.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
eric
0/04
ScutholA Town Board - Lerner
530V5 Msi~ Road~ $outhold; and
$OUTitOLD TOWN CLEP~ ~ Towu a~y's ~ool
Bo~d Meeting or April 22, 2008
GElS st a speclai Town Board Meetln~ on May 27, 2005 st 7:30 I~,m. at the $outhold Town
o~l~. $309~-Main Ro,ad(S0uthold, to receive pubiiccomment on the-DGEIS:-'At' least"} 0 days-- ..... ~-_~.
...... _-- -~--~. ............. - .................... ' ........ U- ' ~ ....
..... will Em provided for written cornn~ent after file close ~f the pubi{c heari~tg, and
BE IT FURTItER RESOLVED, that the Toga Board of the Town of Southold hereby directs
the Town Clerk to fil~ Notice of the Public Hearing in at least o~e (1) local newspaper, at least
fifteen (15) days prior to the Public Hearing.
Town of Southolcl Supervisor's
Town Clerk of the Town of Southold
Town of Soutbold Planning
Town of Southold Zoning Board of Appeals
Town of $outhold Town Trustees
SulTolk County Dc, pt. of Health Services
~..Suffolk County D~pt. of Pnlolic W~rks
Suffolk CounVJ Watar AuthoriV/
Suffolk County Planning Commission
NYS Dept. of Bnvironrncnufl Conservation, Commissionor, Albany
NYS Dept. of Environmental Conscrvafion~ R~gional Office at Stony Brook
NYS Dept. of Tr~nspomrion
NYS Dept. of S~te
US Army Co~s of Engineers
Inc. Village
Town o£Riverhead
Town of Sou*h=~I~on
Town of Shelter Island
Elizabeth A. Neville
$outhold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: A]bert Krupskl 3r., Councl(man
SECONDER: Thomas H. Wicgham, CouncJJman
AYES: Ruland, Orlando, Kmpski 3r,, Wickham, Evans, R. LlSSeII
Generated April 24, 2008
Page 61
'd O/l'ON ~V6~:6 800g'O~'~aV
Southold Town Board - Letter Board Meeting of April 22, 2008
RESOLUTION 2008-415 Item #
ADOPTED DOC ID: 3820
THIS IS TO CERTIFY THAT THE FOLLOVONG RESOLUTION NO. 2008-415WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 22, 2008:
WHEREAS, the Town Board of the Town of Southold (the "Board") has assumed lead agency
status for review of the proposed Transfer of Development Rights program and for the purpose
of compliance with the State Environmental Quality Review Action (SEQRA) for the action, as
codified in 6 NYCRR Part 617, and
WHEREAS, the Board found that a Generic Environmental Impact Statement (GELS) would be
necessary, and issued the appropriate determination (via a Positive Declaration) to require such
document for the proposed action, and
WHEREAS, the Draft Generic Environmental Impact Statement (DGEIS) has been prepared,
the Board has reviewed the document and determined that it is adequate for public review and
comment.
NOW THEREFORE BE IT RESOLVED, that the Town Board hereby accepts the Draft
Generic Environmental Impact Statement after due deliberation and review of the prepared
documentation, for the purpose of public and interested agency review and input, and
BE IT FURTHER RESOLVED, the Town Board hereby directs the Town Clerk to file a
Notice of Complete Draft EIS and Notice of Public Hearing in accordance with the Notice and
Filing Requirements of SEQRA and circulate the Draft EIS to public, interested agencies and
parties of interest (noted below), in accordance with 6 NYCRR Part 617.12, and
BE IT FURTHER RESOLVED, the Town Board hereby sets a Public Information Session
for review of the DGEIS document on May 6~ 2008 at 7:30 p.m. at the Southold Town Hall~
Generated April 24, 2008 Page 60
Southold Town Board - Letter Board Meeting of April 22, 2008
53095 Main Road~ Southold; and
BE IT FURTHER RESOLVED, the Town Board will hold a public hearing on the Draft
GElS at a special Town Board Meetin~ on May 27, 2008 at 7:30 p.m. at the Southold Town
Ha_ll~ 53095 Ma_in Road, Southoid, to receive public comme~nt on the DGEIS: .A~ leafit 10 days
will be provided for written comment after the close of the public hearing, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold hereby directs
the Town Clerk to file Notice of the Public Hearing in at least one (1) local newspaper, at least
fifteen (15) days prior to the Public Hearing.
/ Tc~m~Clcr!'_ of the Te::~ of Seutheld-~
~T ~ als
%
Inc. Village of Oreenpo~
Tom of Riverhead
Town of Southampton
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated April 24, 2008 Page 61
NYSDOT I Contacts Page 1 of 1
~ ~ Pan~ Vendor QuesOon~, Fuel
~ulpm~: Hanageds Offi~ ~. PaUt Goebe~r ,~ Faoli~ ~, DOT ~:or Reet[ 631-23~-~161
Real Es~ ; Hichael UbH~i :Surplus Pmpe~, Pm~
; Pe~onnel Ma~ers, Job
! , { Inquirie~ :
SIGNALS ; Traffic Signal Malrunctioiqs ,631-724-q0~0
' OFF HOURS ] DOT Emercen¢ies Nights/weekends ; 631-952-6777
httos-//,~wmw,'i~'~ ~,ov/porta~/page/portal/regional-offtces/re~onlO/contacts 4/3012008
'ON i~VLO:OL ~00~ '0~ '~¥
DEC Region 1 Office - NYS Dept, of Environmental Conservation Page 1 of 2
tdoor Recreation
male, Plants, Aquatic Life
~mica[ & Pollution Control
.=rgy and Climate
~ds and Waters
Jcatio~
-mits end Licenses
~llc Involvement and News
;~uletions and Enforcement
~lications, Forms, Maps
out DEC
ivislons and Regions
DEC Region 1 Office
~ Printer-friendly I) Subject Inde×A-Z II:
Home )> About DEC ~ Division~ns >~ DEC Region 1 Office
Region i' Office
Serving Nassau and Suffolk
Counties
Regional Director
Peter A. Scully
SUNY @ Stony Brook
50 Circle Road
Stony Brook, NY 11790-3409
f Related Links:
Roosevelt Middle
School Information
Regional Solid and Hazardous Materials
Engineer
Anthony Cave
Phone: (631) 444-0375; Fax: (631) 444-0231
Regional Water Manager
William Spitz
Phone: (631) 444-0405; Fax: (631) 444-0407
Directions to Region
One Office
Contact for this
NYSDEC
SUNY et Stony Brook
50 Circle Road
Stony Brook, New
York 11790
6a~ ~".~ 0350 ',
Regional Natural Resources SuperVisor
Charles Hamilton
Phone; (631) 444-0270; Fax: (631) 444-0272
Regional Attorney
Vernon G. Rail
Phone: (631) 444-0260; Fax: (631)444-0348
Regional Citizen Participation Specialist (Public
and Media Affairs)
Bill Fonda
Phone: (631) 444-0350; Fax: (631) 444-0294
Regional Environmental Education Coordinator
Ron Gelardi
Phone: (631) ~,4 ~0347; Fax: (631) 444-0353
http ://www.dec.ny.gov/about/603 .html 4/30/2008
G 'd O/_L 'ON
Commissioner -NYS Dept. ofl~nvironmental Conservatio~ Page 1 of 2
tdoor Recr~atlon
reals, Plants, Aquatic Life
stoical & Pollution Control
srgy and Climate
and Waters
acation
· mits and Licenses
]uletions and Enforcement ~
31ications, Forms, Maps [
out DEC
Dmmisaioner '.
DEC Mission and Issue
Priorities
Biography of Commissioner
Pete Grannis
Email Commissioner Grannis '
History of DEC :
Oresent and Past DEC [
Gommissioners
Printer-friendly II Subject Inde× A-Z ti .'..'i .. '. ".. ' '. 'i"i'ii'.'ii', ~
Home a About DEC s Commissioner
Commissioner
Pete Grannis
DEC has a
wealth of
information about
New York's
natural
resources, the
quality of our
environment and
groat places to
enjoy the
outdoors.
The department
is leading New
York toward a Commissioner Grannis
clean and
productive environment. We will use this website to
keep you informed about environmental issues
important to you and your community.
Thank you for joining us!
Related Links:
2008 DEC Budget
Testimony (148 kb
PDF}
Contact for this
Page:
625 Broadway
Albany, NY 122-33-
10tl
518-~02-~545
More about Commissioner:
DEC Mission and Issue Priorities - The agency's
"greenprint" for a healthier, safer environment and
stronger New York
Biography of Commissioner Pete Grannis -
Information about the career of DEC
http://www.dec.nv.eov/about/243.html 4/30/2008
'ON H¥O0:Oi
Krauza, L~/nne ,
Full Name; Stephen M. Jones, CEO
Last Name: Stephen M. Jones
First Name: CEO
Job Title: SCWA
Company: County of Suffolk
Business Address:
Business:
Business Fax:
4060 Sunrise Hwy.
Oakdale, NY 11769
(631) 563-0219
(631) 563-0370
Contact John Milazzo (an Attorney)- 563-0308
Tim Hopkins -General Counsel to SCWA -563-0236 fax 563-0370
Krauza, Lynne
Full Name:
Last Name:
First Name:
Job Title:
Company;
Business Address:
Business;
Business Fax;
Vito Minei
Minei
Vito
P. E_, Director
Suffolk Coun~j Dept. of Health Services
220 Rabro DHve
Hauppauge, NY 11788-4296
(631)852-5800
(631) 853-3075
Southold Town Board - Letter Board Meetifi~g of April 22, 2008
RESOLUTION 2008-415
ADOPTED
Item #
DOC ID: 3820
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-415 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 22, 2008:
WHEREAS, the Town Board of the Town of Southold (the "Board") has assumed lead agency
status for review of the proposed Transfer of Development Rights program and for the purpose
of compliance with the State Environmental Quality Review Action (SEQRA) for the action, as
codified in 6 NYCRR Part 617, and
WHEREAS, the Board found that a Generic Environmental Impact Statement (GEIS) would be
necessary, and issued the appropriate determination (via a Positive Declaration) to require such
document for the proposed action, and
WHEREAS, the Draft Generic Environmental Impact Statement (DGEIS) has been prepared,
the Board has reviewed the document and determined that it is adequate for public review and
comment.
NOW THEREFORE BE IT RESOLVED, that the Town Board hereby accepts the Draft
Generic Environmental Impact Statement after due deliberation and review of the prepared
documentation, for the purpose of public and interested agency review and input, and
BE IT FURTHER RESOLVED, the Town Board hereby directs the Town Clerk to file a
Notice of Complete Draft EIS and Notice of Public Hearing in accordance with the Notice and
Filing Requirements of SEQRA and circulate the Draft EIS to public, interested agencies and
parties of interest (noted below), in accordance with 6 NYCRR Part 6 l 7.12, and
BE IT FURTHER RESOLVED, the Town Board hereby sets a Public Information Session
for review of the DGEIS document on May 67 2008 at 7:30 p.m. at the Southold Town HalL
Generated April 24, 2008 Page 60
Southold Town Board - [.cttcr Board Meeting ol'April 22, 2008
53095 Main Road~ Southold; and
BE IT FURTHER RESOLVED, the Town Board will hold a public hearing on the Draft
GEIS at a special Town Bmtrd Meeting on May 27~2008 at 7:30 p.m. at the Southold Town
Hall~ 53095 Main Road~ Southoid, to receive public comment on the DGEIS. At least 10 days
will be provided for written comment after the dose of the public hearing, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold hereby directs
the Town Clerk to file Notice of the Public Hearing in at least one (1) local newspaper, at least
fifteen (15) days prior to the Public Hearing.
Town of Southold Supervisor's Office
Town Clerk of the Town of Southold
Town of Southold Planning Board
Town of Southold Zoning Board of Appeals
Town of Southold Town Trustees
Suffolk County Dept. of Health Services
Suffolk County Dept. of Public Works
Suffolk County Water Authority
Suffolk County Planning Commission
NYS Dept. of Environmental Conservation, Commissioner, Albany
NYS Dept. of Environmental Conservation, Regional Office at Stony Brook
NYS Dept. of Transportation
NYS Dept. of State
US Army Corps of Engineers
Inc. Village of Greenport
Town of Riverhead
Town of Southampton
Town of Shelter Island
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated April 24, 2008 Page 61