Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Plum Island Zoning
RESOLUTION 2013-495 ~'~d WITHDRAWN DOC ID: 8915 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2013-495 WAS WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18, 2013: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26`h day of March, 2013 a Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zonine" and WHEREAS the Town Boazd of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled "A Local Law in relation to the Marine (IIl District and Plum Island Zonine" sets forth amendments to Chapter 280, "Zoning". The purpose of the amendments is to create and establish zoning districts on Plum Island and to clazity permitted uses in the Mazine II District to accommodate necessary access to the island. The proposed local law amends section 280-4 "Definitions" to add the terms "Ferry Service" and "Impervious Surface", which appeaz in the Marine II District aznendments and/or in the proposed districts on Plum Island. The proposed amendments to Section 280-55(B)(2) sets forth additional standards for ferry terminals as a Special Exception use in the Mazine II District, which include: 1. a ferry terminal must have at least 10 acres dedicated to each ferry service; 2. a ferry terminal shall have a staging azea for vehicles that enter anauto/vehicle ferry; and 3. a ferry terminal shall have adequate pazking azeas for passengers as set forth in §280- 55(C). The proposed local law also creates two zoning districts for Plum Island -the Plum Island Reseazch District (PIR) and the Plum Island Conservation District (PIC). Amendments will also be made to the bulk schedule appendices to include a separate appendix for these districts that addresses minimum lot size, uses and lot coverage. The Plum Island Research (PIR) District contains the following: 1. Permitted uses (subject to site plan approval by the Planning Boazd) include reseazch laboratories and educational facilities. 2. Special Exception uses (that require approval of the Zoning Board of Appeals and the Planning Board) include solaz energy generation and museums. 3. Accessory uses include uses that aze customary to a permitted principal use, sleeping quarters, apartments or dormitories, cafeteria for personnel, infrastructure, and the existing hazbor and ferry facility. Resolution 2013-495 Boazd Meeting of June 18, 2013 4. All new structures or impervious surfaces shall be set back at least 300 feet from the shoreline and wetlands. The Plum Island Conservation (PIC) District contains the following: 1. Permitted uses (subject to site plan approval by the Planning Boazd) include nature preserve; public park for passive recreation; educational facility related to the study of nature resource conservation; and museums. 2. Special Exception uses (that require approval for the Zoning Board of Appeals and the Planning Board) include solaz energy generation. 3. Accessory uses include uses that are customary to a permitted principal use and sleeping quarters, apartments or dormitories. 4. All new structures or impervious surfaces shall be set back at least 300 feet from the shoreline and wetlands. 5. No vegetation in this district shall be removed unless an approval is obtained for the Planning Board. The full text of the proposed Local Law and map of the boundazies of the Plum Island Research District and the Plum Island Conservation District aze available for review at the Town Clerk's Office during regular business hours and on the town's website at www.southoldtownnv.eov <http://www. southoldtownny_.gov> E.PCI. Elizabeth A. Neville Southold Town Clerk RESULT: WITHDRAWN [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Updated: 6/20/2013 2:18 PM by Lynda Rudder Page 2 Cooper, Linda From: Tomaszewski, Michelle Sent: Friday, June 14, 2013 8:17 AM To: Neville, Elizabeth Cc: Cooper, Linda RECEIVED Subject: FW: Plum Island zoning -public comment JUN 1 a 2013 FYI Southold Town Clerk "17~ank you, Michelle Michelle L. Tou~asrcwski Sccrclarial Assistant. Southold Town Supervisor's Ollice Phone: 765-1889 Fax: 765-1823 From: Laura McMillan [mailto:ImcmillanCalctenvironment.org] Sent: Thursday, June 13, 2013 16:06 To: Russell, Scott; William Ruland; IpevansC~fishersisland.net; Christopher M. Talbot -Forward; Doherty, Jill; Jim Dinizio Cc: Tomaszewski, Michelle Subject: Plum Island zoning -public comment Mr. Russell and Members of the Board, Please note the message below in support of Southold's zoning proposal for Plum Island. I will likely have a few more messages to pass along. If there is a different method that is better for you, please let me know. Thank you, Laura McMillan Interim Director of Communications Connecticut Fund for the Environment and its program Save the Sound 142 Temple Street, Suite 305 New Haven, CT 06510 office:203-787-0646 x137 ce11:540-292-8429 ImcmillanCo~ctenvironment.oro From: susan reidCa~sbcglobal.net [mailto:susan reidCalsbcglobal.net] Sent: Thursday, June 13, 2013 2:16 PM To: Laura McMillan Subject: message to Southold Town Supervisor 1 Dear Mr. Russell: As a Long Island native and environmentalist, Istrongly support the proposal of Southold town officials to enact zoning that would limit development of part of Plum Island to low-impact research and to maintain the 60% that is undeveloped in its natural state. Such zoning would enhance Southold's image as a caring community and provide a conservation model for other communities. Thank you very much. Susan Reid z Cooper, Linda From: Tomaszewski, Michelle Sent: Friday, June 14, 2013 8:20 AM To: Neville, Elizabeth Cc: Cooper, Linda Subject: FW: [SPAM] -Plum Island RECEIVGp FYI Jl1N 1 '~~13 1'h,mk you, Michelle Sn`-''h~lt! r~,,,;, ~!.,r[t Michelle L. "lbmaszcwski Secretarial Assislanl Southold "Town Supervisor's Ollicc Phouc 7fi>-1889 Fax: 7fi5-18`l3 From: Marra, Robert [mailto:Robert.MarraCalct.aov] Sent: Thursday, June 13, 2013 16:09 To: Russell, Scott; William Ruland; IpevansCa fishersisland.net; Christopher M. Talbot -Forward; Doherty, Jill; Jim Dinizio Cc: ImcmillanCalctenvironment.ccsend.com; ImcmillanCa~ctenvironment.org Subject: [SPAM] -Plum Island 13 June 2013 Town Supervisor and Town Board Town of Southold, NY Dear Town Supervisor and Town Board Members: It has come to my attention, as it has to many others thanks to Save The Sound (of which I am proudly a member), that Plum Island will likely be sold by the federal government. No one who truly loves and cares for this special, irreplaceable island, and the body of water in which it sits, wants to see it become anything other than a protected, wild and undeveloped place held in perpetuity by the federal government, as part of the common trust. While that does not appear to be Plum Island's fate, it is heartening to have also learned from Save The Sound that the Town of Southold, in whose jurisdiction the island will belong, is acting proactively to establish zoning that will not only ensure that the already-developed 175-acre portion of the island is re- purposed in a way that minimizes environmental damage and threat, but also preserves the critically important undeveloped 600-acre portion. I write today to express my support and encouragement for these visionazy intentions! I do not live in Southold, or on Long Island. But as a resident of West Haven, Connecticut, I consider myself a neighbor to you, in the sense that neighbors usually share something, whether a fence, a yard, or a street; in our case, we share a body of water. Not just any body of water, of course, but our glorious Long t - - - Island Sound. And I don't just live on the Sound (well, three blocks inland), I also swim in, and fish in, and birdwatch on, and kayak on, and often just marvel at, the Sound. I grew up on the Sound, and even when I wasn't living on or near it, Long Island Sound has exerted a gravitational pull for nearly all of my 57 years; so strong that ten years ago I came back to live and work here. This is indeed a "fine piece of water," to quote from the title of Tom Andersen's fine book. Among the many things about Long Island Sound that have attracted my-and many others'-attention, interest, and fascination, Plum Island is somewhere at or near the top of the list, perhaps because it has for so long been off limits, perhaps because of the Animal Disease Center that was till recently located there, and was the justifiable reason for those restrictions on access. Most certainly because of the wildness those very restrictions have afforded the island. But also because of the island's location in Plum Gut, among the most popular and productive commercial and recreational fishing grounds in the Sound, and the large, perhaps the largest, harbor seal haul-out in all of southern New England. And one can't speak of Plum Island and its immeasurable value without pointing out that it shelters breeding populations of several endangered and threatened species of birds. Please accept this letter as one of friendly, neighborly encouragement and support in your efforts to do the right thing, in the interests of posterity, for Plum Island and for Long Island Sound. Respectfully, Robert E. Marra, Ph.D. West Haven, Connecticut Robert E. Marra, Ph.D. Forest Pathologist Department of Plant Pathology and Ecology Connecticut Agricultural Experiment Station 123 Huntington Street, P. O. Box 1106 New Haven CT 06504-1106 http://www. ct. qov/saes/cwp/view. asp?a=2812&g=394858 E-mail: robert.marrana ct.qov<mailto:robertmarra(a~ct.aov> Phone: 1203) 974-8508 Fax: (203J 974-8502 The capacity to blunder slightly is the real marvel of DNA. Without this special attribute, we would still be anaerobic bacteria and [here would be na music. - Lewis Thomas Please consider the environment before printing this a-mail This information may be confidential and/or privileged. If you received [his in error, please inform the sender and remove any record of this message. Note that messages to or from the State of Connecticut domain may 6e suhject to Freedom of Information statutes and regulations. 2 Petition against "Passive Recreation" use restrictions for Plum Island. Name: Address: Date: email-ptional: i 7 Z 3 ~ y ~ S i ~ ~ 7 ~s ~ ~ 9 RECEIVED JUN 14 gp~ Petition should be completed by June 12, 2013. F~ Additional Copies and pick-up of the petition call the President of the ORG at: 631-466-6686 by 6/ 12/ 14 Petition against "Passive Recreation" use restrictions for Plum Island. The undersigned respectfully request the Southold Town Board not create "passive recreation" use restrictions for the proposed Plum Island zoning without a formal scoping session leading to a Draft Environmental Impact Statement under the provisions of the State Environmental Quality Review Act and believe that any such limitation on even a small portion of the lands, waters and foreshore of the island will limit future access to the world class striped bass fishery that exists there. Such limitation would be inconsistent with multiple local and state coastal policies under the Local Waterfront Revitalization Plan which encourages expanded public access to "high value" local and state held renewable natural resources. Limitations to traditional fisheries or preventing there re-establishment and enhancement is not in the best interests of Southold or New York State going forward. The undersigned are fearful that adoption of "passive recreation" language in the Town Zoning Ordinance ahead of the Federal sale of Plum Island may permanently impose the Federal definition of such a term where it may not be defined clearly, if at all, in the Town Zoning Code. Name: Addrle"1s//s: Date: email-ptional: ~"\I`es~ui y W t 0.~t5 ~73~5 ,e~o.~ •c, ~J 1J~?~ ~ I I ~ c~ ~ /~~3 g.i~ xrS ys~.> ,~.ti ~s~~~~~~ ~~~~~rr~G~~T~~ n'`'~ G ~~'~L ~/f'~W~/,~ ~1' ?ii~~>~ C~ ~t~,~~~r / iy~r- oil ~i i c wr~r loo !/isrb C~r~ NyG~~- N. y //9~5-- Petition should be completed by June 12, 2013. For Additional Copies and pick-up of the petition call the President of the ORG at: 631-466-6686 by 6/12/14 P~~ t Petition against "Passive Recreation" use restrictions for Plum Island. Name: Address: Y~ate: emaii-ptional~ S vJ Z 3 ]v ~ i20 C' /Z ~S%1~-~, .,2 ~ ~ rt-~2.lo.v p /yifl~lA~Fo~~ X ,~~ra ~ `U~~~ `H~ ~ e~ `{~rte~acyr s~- ~ V'~eU r~ d~ ~Slb.- ~°''~~1~~ /1FA1 QC/ ~Q7~ /~%C.~MON~GN( ~ //7L 3 ~/i~1 ~~GP~7aapr`.v~//r'C ;j ~~o~ ~ ~~-~-n-~ 5 ~ 6 ~ ~ /~~1 ~ > Jl~l k'V ~ r./f P "G ~ ii3 ~ / ~f?') LPG - ~5'Sf~ ~ ' I ~ Y ~c.cn s t 2006 e,n~-~ ~ no 0~5~; 31$ Nur~ ~~rT~ ~'~II U ~Aoi NO{;,„c Fors~~~e ~cnn~~~'n6~.,Bv~~k~' ~P.• 318 rv~~~~~~~'S~ ak~N wrI1Z11 0. ~~l.cr~~~, 1,~6 3 ~ r ~Ci ,i ~ L `j.S~F2/ry brr~ ,oV'! t ~ (7~ ~ C ~,(n~ rt~'~ -t~~ K (^rJ~ i" „ , ~c c cat ~ ~--9 ~~<7 Petition should be completed by June 12, 2013. For Additional Copies and pick-up of the petition call the President of the ORG at: 631-466-6686 by 6/ 12/ 14 i1 2- Petition against "Passive Recreation" use restrictions for Plum Island. Name: Address: Date: email-ptional: S'c y~ ~G ~y CcJ~i ~rJ,rS ~ lv / l D ,~~~r G~ v ~ 2~ l ~ 2~y ~ /~'/l~ILL !l'f j~71 ~o/~ ,~a~ ~TL/oG?~~ ~~o r3 1 S ~ ~ 1 U~ G- ~ ~ ~i u 1411 Co io 1 Petition should be completed by June 12, 2013. For Additional Copies and pick-up of the petition call the President of the ORG at: 631-466-6686 by 6/ 12/ 14 ~ ~ Petition against "Passive Recreation" use restrictions for Plum Island. Name: Address: Dat ` email-ptional: ~ ~ 6 ~'l ~ . c9 f ~ w ~.t ~ ~ c'r L -I oG-yE~ ~J Petition should be completed by June 12, 2013. For Additional Copies and pick-up of the petition call the President of the ORG at: 631-466-6686 by 6/ 12/ 14 ~ N Petition against "Passive Recreation" use restrictions for Plum Island. Name: Address: Date: email-ptional: ci 2-5 /Jc,~ T-~ ~(~rQAJ l~ic4~~ yo Id~UO/C ~v, ~o-{lCL+~N~ G~co,~3 Petition should be completed by June 12, 2013. For Additional Copies and pick-up of the petition call the President of the ORG at: 631-466-6686 by 6/ 12/ 14 S 'Petition against "Passive Recreation" use restrictions for Plum Island. The undersigned respectfully request the Southoic'~ '~.bwn P~oard ra~€ create "passive recreation" use restrictions for the proposed Plum Island zoning without a formal scoring session ?eadi~-~g a draft Environmental Impact Statement under the provisions of the State Environmental Quality Review Act and `~c-iet~e tzat an % ~~e~ limitation on even a small portion of the lands, waters and foreshore of the island will limit future access to the- vtTorld class stri~aed bass fishery that exists there. Such limitation v,~ould be inconsistent with multiple local and state coastal policies ~~;;dor the ~-ccal V~~ater_front Revitalization Plan which encourages expanded public access to "high value" local and state held renewable natural resources. ~,irr~itations to traditional fisheries or preventing there re-establishment and enhancement is not in the best interests ~f `~~,_#utl~clc? or ~~ev,~ ~~%or? State going forward. The undersigned ai'e fearful that adoption of "passive recreation" language in th _ ' ~ - ~ , ~ ~ ~ ~e ~ eac the Federal sale of Plum Island may permanently impose the Federal definition of such a term where it ma;~ nn'r. be defined cle~_riz ; if at a', in the Town Zoning Code. Name: Address. ..>~~s~:lY-gaticss~.:a"> /b ~ O~11,'e~uf G~61/3 ig ~ ~zs ~ ooh I ~ s ~ y~ r~ ~ S~ m ~S o~O~ ~ ~:u u ~ U-/~ ~ ~ ~s 4 ~ ~ ` ~ ~r z Petition should be completed by June 12, 2013. For Additional Copies and pick-up of the petition call the President of the ORG at: 631-466-6686 by 6/12/14 ~ ~ ' Petition against "Passive Recreation' use restrictions for Plum Island. Name: Address: ~~,at~: xa~aaik-pti®raaY: 6 5 C c.tJ Lb ~ U~~~ ~ ~ l C GV' cSKU t'l< y !l 3 g ~ I C ~1.~~ ~i~.~,~/~~ /6 Lea ~ ~~S'~o,~N~--//7~,~ _ r ~ ~ a.~s R r~rxJcw,~~r ~-,~~p n~~~~~y ~ l ~ s~ S~~ ~~~~~e~ `l~S- 5:79~u~-rfi ~2 Sh~21~ti N-rJ. 1i~~7 ~7~ u 3Z0 IG°L,/L~nJSav ~ l~'I/Z LC- l S ~ ~s5~9s~., c 2 ~ ~Cy-1iC'-l2 /r wz°S G~~V Jot.. ~aNZO 3~-fzg Haw~~vrc l~r s. t,Ja~a ~ IJ`I ~ 11~t3 ~ 12 la S~ fi~~ Nl~r~, I~ f ~i R 3 Petition should be completed by June 12, 2013. For Additional Copies and pick-up of the petition call the President of the ORG at: 631-466-6686 by 6/ 12/ 14 /f ~ Petition against "Passive Recreation" use restrictions for Plum Island. Name: Address: Bate: ~mai~-~ti®nal® /Ui~,w'~~e< ll~i uc~~ar~~. ~ ~M ~ ~?L N;~hi~1~5~3,P~~g~v~2 Petition should be completed by June 12, 2013. For Additional Copies and pick-up of the petition call the President of the ORG at: 631-466-6686 by 6/ 12/ 14 1 8 Petition against "Passive Recreation" use restrictions for Plum Island. NaTme:\ - Address,: C Date: C em}'a' il-ptional: ai-~ ke~cko?h ,-~a ~ ~~i.rc R~ l'l1LpP IV r ~l 'lP~~~ )~~~~,v~~`-- ail s~~~c-~ ~L s~I,UF~-- /r7,~y d~°/~ Gc//5~,c.J 3 D ~`"i~~'~l /O/ S ~if ° /P.l/ ~lr : //99' ~ ~Grv~'~ q reS'S 1 `~S ~ (g~1 Q~ a e~ 1~ S+~ n~ y ((?1(A `°I~ .~~lA"i ~,L~U.~^.,a ivy J G ~ ~~.~nc ~'l ~j~ ~ ~.er, 7 y //J~3 T/~~~~ Y wi~'~ 3~ ~ Q1~~~~c T ~P~~J~P~l %~G /,/1~~~/l ~iE~'cNN/1~1 ~~y /~A~to~vnu ~rrlu3rG ~EcowrcSrQC~ioo~.c,s yl Petition should be completed by June 12, 2013. For Additional Copies and pick-up of the petition call the President of the ORG at: 631-466-6686 by 6/ 12/ 14 i6 MATTITUCK GUN CLUB 6250 COX LANE CUTCHOGUE, NEw YORK 1 1935 June 12, 2013 RECEIV:D Mr. Scott Russell, Supervisor Town of Southold JUN 1 2 2013 PO Box 1179 Southold, NY 11971 ,outhold Town ~lerl~ Dear Supervisor Russell, The Mattituck Gun Club was formed in 1935 and has grown into a club with a current membership of over 250 members, the majority of which reside in Southold Town. We support conservation and preservation as it pertains to hunting and fishing and our way of life. Our members also support these principles as indicated by their membership in various organizations and by their continued volunteering of time. Our club would like to go on record as conditionally supporting the proposed zoning of Plum Island. We would like to see zoning specify that hunting would be an approved activity. We believe, this would be in the best interests of preservation and conservation of this treasure. We understand the necessity of rules and regulations to protect the rights and safety of hunters, landowners, and the public. Fishing, boating, and marine activities are important recreational activities. The waters that border Southold Town including Plum Island contain a wide variety of marine life both available for harvesting and observation. It would be a shame if zoning or Federal Government restrictions, beyond normal regulations, for fishing and other activities would restrict the use of the island and beaches or landowners who would endeavor to prevent sportsmen and others from enjoying the use of these areas. We are requesting that as zoning and regulations are formulated for the use of Plum Island that traditional recreational activities, including hunting, use of the land and seashore are strongly considered as important. The Mattituck Gun Club would like to thank you and the Town Board for this opportunity for input on the proposed zoning of Plum Island. Since y, 7" v Robert Fisher, President CC: Elizabeth Neville; Heather Lanza Oysterponds Rod and Gun Club, Inc. TO: Honorable Town Clerk, Betty Neville From: Robert W. Sorenson, Tr., Pres., Oysterponds Rod and Gun Club, Inc. Re: Extended Comment Period on the Proposed Town Zoning of Plum Island Date: June 10, 2013 Please distribute and include my attached letter to the Town Supervisor and Town Board in the Official File for the Proposed Zoning of Plum Island. Thank you for your assistance in this matter, G~~%i Robert W. Sorenson, fr., Pres. RECEIVED JUN 1 2 2013 Southold Town Clerk Oysterponds Rod and Gun Club, Inc. Dear Honorable Supervisor Russell and Town Board Members, June 10, 2013 The Oysterponds Rod and Gun Club is one of the oldest associations of its kind, founded in 1903 when local wildlife was threatened with extinction due to over-harvesting. Our birth paralleled the great conservation movements of the time, leading to the formation of the New York State Conservation Department, the forerunner of our modem New York State Department of Environmental Conservation (NYSDEC). We lease and patrol lands in Orient adjacent to the NYSDEC Tidal wetlands, in one of the last places on Long Island where conservation and preservation of our land and water resources continues to provide a broad range of exceptionally high quality environmental experiences for the public and our members. Our long history of supporting conservation activities in the Orient area includes: providing early support for the purchase of Orient Point by Suffolk County, maintaining wildlife sanctuaries patrolled by our deputized wardens, replacing invasive species with wildlife plantings, providing emergency feed for wildlife in harsh winters and constmcting numerous nest boxes and Osprey platforms. The Club has an annual fishing contest, open to all, in which the waters surrounding Plum Island play a prominent role. Our club would like to go on record as cautiously supporting the proposed zoning of Plum Island. We are, however, concerned that any zoning of the island provide universal fishing access to the entire shoreline of the island and would caution the Town Board that limiting the proposed preserve azeas to "passive recreation", if that means "no hunting", may not be in the best interests of preservation and conservation. Plum Island's current ecological status is a direct consequence of an animal extermination policy of the USDA, which has been in effect for over half a century. We are concerned that the island, which will undoubtedly repopulate and overpopulate with deer, may become over-browsed, killing vegetation and reducing song bird nest sites. When overpopulated with deer, it may require expenditures of public monies for government sharp- shooters to control them. The killing of birds by Plum Island employees stopped some time ago, creating one of the first havens for Canada Geese, which now plague the mainland. Given the history of goose and deer problems in Southold Town, we would suggest that any determination concerning restricting legal wildlife harvest under "passive recreation" controls be carefully vetted by the wildlife and habitat professionals of the New York State Department of Environmental Conservation before enactment and after we know whether DHS/USDA/GSA may create an overarching wildlife control program in the Final Environmental Impact Statement, covenanted t the island's sale. The Oysterponds rod and Gun Club would like to thank the Town Board for this opportunity for input on the proposed zoning of Plum Island. Sincerely, Rob/fe~r/t~W. Sorenson, ,fr., Pres. Orient, NY CC: Town Clerk, Elizabeth Neville; Town Planner, Heather Lanza RECEIVED `\.,tt1Ak} ~ s MAY 2 2 2013 ~ A ~ ~ Southold Town Clerk - May 20, 2013 Supervisor Scott Russell Members of the Town Board Southold Town Hall 53095 Main Road PO Box ] 179 Southold, NY 11971 May 22, 2013 Re: Zoning of Plum Island Dear Supervisor Russell and Members of the Town Boazd, On behalf of the Citizens Advisory Committee ("CAC's of the Peconic Estuary Program ("PEP"), we provide these comments in support of Southold's new proposed zoning of Plum Island, New York. The CAC represents a broad an•ay of citizen, environmental, and business organizations from the East End of Long Island. We provide outreach on and advocate for the implementation of the Comprehensive Conservation and Management Plan ("CCMP") of the Peconic Estuary. As you are aware, Plum Island is located between the Peconic Estuary and Long Island Sound, both "Estuaries of National Significance" that receive federal, state, and local municipal support towards restoration and protection. The Peconic Estuary was known for its clean waters, highly productive bays, and relatively undisturbed habitats- traits shared by Plum Island -unfortunately brown tide blooms in the 80's decimated its major fishery (Peconic Estuary Bay Scallop), leading to the founding of the PEP and the creation of the COMP to help manage and protect these invaluable natural assets. Since then, two decades of increased development pressure and impacts have left few areas in the region untouched, making the preservation of such regionally and globally significant natural treasures as Plttm Island all the more important. The PEP CAC's interest in Plum Island is to ensure the conservation of undeveloped habitat on the island and the safe re-use of the developed portions of the island. Plum Island is home to a wide variety of endangered animal species, rare plant life, miles of coastline, and hundreds of acres of natural space and we aze pleased that Southold's zoning recognizes the need to protect this ecologically valuable site. By protecting Plum Island's open space, habitats and wildlife, the Town's proposed zoning ensures that many of the goals of the Long Island Sound and Peconic Estuary programs are met. While we are supportive of Southold's plan, we do encourage the Town to make a few minor modifications. First, we recommend that the 35 acres sun•ounding Plum Island lighthouse that also runs along the shoreline in each direction, along the edge of the dock facility, along the edge of the main laboratory facility, and to the . ~ _ni Lstuai~~. I' ~~r.*.~n: U,`L ~ i ii~~ t )gicc of i. i,w i!±;i Y ~ tian~t Aram: ti~itc 3f3 1'.~pd~anh, A~1` I }q80 k'; y j _ti' !y' G. . b paved road be included in the Plum Island Conservation District ("PIC"), not the Plum Island Reseazch ("PIR") District. Second, we are concerned about the amount of solar energy installations that would be permitted within the PIC. As the proposed zoning notes, the goal of the PIC is "to preserve the integrity of the regionally significant natural, scenic, and historic resources of Plum Island for the benefit of the residents of the Town of Southold." Allowing development of these areas, even for the creation of solar power, clearly violates that standard. Lastly, we note that the combined totals of the PIR and PIC districts fall short of the island's actual 843-acres, and would like some clazification on why this is. Each of the above issues are described in greater detail by the Preserve Plum Island Coalition and can be found on their website at wH w.prescr~ ephunisland.org. The PEP CAC sincerely appreciates the Town's willingness to take action to protect and preserve this rare ecological and cultural resource and encourages the Town Board to adopt the proposed zoning at the earliest possible date. Ensuring that Plum Island remains as it is today will not only provide tremendous ecological benefit, but will also serve as an important reminder of how remarkable the natural assets of this region truly are, and provide a vision of what a restored Peconic Estuary might one day look like. Sincerely, ~1~;, 4kc~i~n ~ c~ Kevin McDonald PEP CAC Chairman _:qt f ;an ~ . ~.r,u:. +'-tf=. ~l ti t ,+^,.c (''i [ ih i.' 1 1. udok b ~:nuc 4uir. ~,auh i`,} i ; 9K~ '.v~cv. i , , Additional Comments on the Proposed Zoning of Plum Island by Southold Town Trustee, John Bredemeyer Orient, NY June 3, 2013 I would like to thank the Town Board for the opportunity to provide some additional comments for the public record on the proposed Zoning of Plum Island in addition to those I offered on May 7, 2013 and herewith offer some insights and suggestions that I hope will assist in the Planning effort: The Document Should Clearly Establish Limits and Boundaries: The Island, beyond the reach of our residents and local officials for many years, has certain natural and regulatory boundazies fixed and defined (and in some cases unmeasured and ill- defined) that may have utility in the Planning/Zoning/Land Use/Maintenance/Habitation/Control process going forward. Whether it is advisable that all such boundaries be fixed, measured, defined and mapped as part of the Zoning Plan Map or remain undivided as a map "label" should be part of the discussion. The Foreshore is the Property of the People of the State of New York: The foreshore between mean high water and low, if not heretofore ceded to the Federal Government, or predecessor owners, by New York State, remains the Property of the People of New York State held in Trust for their benefit, use, enjoyment, sustenance and economic viability. The Planning process should be mindful that the Island, once beyond the reach of the U.S. Homeland Security Department is entering into a period of renewed State stewazdship of these holdings. Accordingly, the Town should communicate with the relevant Departments within New York State Government if the police powers of the zoning code are intended to extend out and over the State owned foreshore into the waters surrounding the island. A world class striped bass fishery is accessible from this zone as well as a white sand beach that rivals those on Fishers, Block and Bermuda Islands. These assets should be carefully delineated in the Planning Document to maintain a clear and permanent understanding that they belong to the People who have a right to access them. Any proposed Zoning Plan should be coordinated with the New York State Department of State, Office of Coastal Zone Management for a Consistency Review. Lands Below Mean Hiah Water in Wetlands and Historic Creeks on the Island are the Property of the People of Southold Tawn by Virtue of Our Colonial Patent: Similarly, lands and waters below mean high water in all enclosed wetlands and historic creeks, if not previously ceded to former owners or the Federal Govemment by the Town Trustees, are Town Trustee Properties for the sole benefit, use, enjoyment, sustenance and economic viability of the People of Southold Town. The Planning process should be mindful that the Island, once beyond the reach of the U.S. Homeland Security Department is also entering into a period where the undivided interests of the People of Southold Town should be honored and protected. Wetlands that have been degraded by the Federal government should be rehabilitated to the satisfaction of the Board of Town Trustees. Accordingly, the Board of Trustees should be formally approached by the Town Board and Planning Department for their input on restoration(s) and any Zoning Plan. RECEIVED Page 1 of 2 JUN - 3 2013 aouthold Town Cle~~ Consider Limits on Future Laboratory Levels: Formal discussions with the Orient Fire District and Suffolk County EMS, should begin a dialog on wildfire management and consider limits on the licensing level of any future "private" laboratory to moderate potential biological, chemical and or radiation exposures to first responders from neighboring districts who may be called to the Island. The Island's relatively remote location where strong tides and storms are the norm, can exacerbate emergencies and extend response times putting first responders and the public in "additional" harms way. Clearly Define the Term: "Passive Recreation": It is understandable that limits will need to be placed on human behavioral activities and recreation to protect the Island's fragile natural resources and inhabitants. To the extent that it is desirable to control recreation via the Zoning Code, terms such as "Passive Recreation" should be carefully defined and delineated listing activities appropriate/not so they: protect raze plant and animal communities, provide for sustainability of resources (funding and natural), protect the public health and safety while being consistent with State and Local coastal policy, preserving traditional activities so that Plum Island will increasingly become a desirable place to live or work or recreate. If necessary, separate recreation plans should be developed for all zoning and public ownership units with the formal assent of New York State and the Town Trustees for lands under their stewardship. Consider usin¢ the NYS Deaartment of Environmental Conservation Coastal Erosion Hazard Area Line to Create a Public Access Zone (PAZ): Thought should be given to use this already mapped line as a potentially valuable tool for Land Use/Conservation/Preservation activities and controls, in addition to its use regulating coastal development. Consider creating a defined "Public Access Zone" for all points seaward of the original (circa 1990) Coastal Erosion Hazard Area line. Given the intensity of recent storms and increasing erosion rates in the region, such a zone will soon be seaward of the toe of the bluff(s) needing protection and lazgely consist of the littoral zone where activities traditional to sea islands such as: seal and bird watching, swimming, hiking, fishing and waterfowling in season should be supported and reserved as Public Uses to prevent attempts at privatization by future upland owner(s). I believe that such a conservation classification, in tandem with the proposed preservation initiatives protecting the interior of the Island will provide additional opportunities for wise use of the Island's resources and promote the Island's economic viability going forward. John Bredemeyer, June 3, 2013 Orient, NY Distribution: Town Clerk Town Board Town Trustees Town Planner Town Attorneys Suffolk Times Page 2 of 2 RECEIVEQ MAY 2 8 2013 Steven Bellone SUFFOLK COUNTY EXECUTIVE ' Southold Town Clem, Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment May 22, 2013 Town of Southold P.O. Box 1179 Southold, N.Y. 11935 Att: Elizabeth Neville, Town Clerk S.C.P.C. File No: SD-13-O1 Local Law IR No: 14-213 Re: Marine II District Amendment and Plum Island Zoning Dear Ms. Neville: Please note that the above referenced matter will be deliberated by the Suffolk County Planning Commission at their regular meeting on Wednesday, June 5, 2013, 2:00 p.m., at the Rose Caracappa Auditorium, William Rogers Building, 725 Veterans Memorial Hwy, Hauppauge, N.Y. In accordance with the Rules of Proceedings of the Suffolk County Planning Commission, you are asked to send a public official, government employee or professional involved with this initiative to present to the Commission a synopsis of the Plan initiative and results. Please let us know in advance the individual(s) who will be representing your municipality. This presentation is separate from the "public portiod' of the Commission agenda, and we would like to give your municipality the couttesy of listing the presenter on the Commissior, agenda separately. Should you require any special audio/visual equipment or have any questions or comments, please do not hesitate to contact the undersigned. Sincerel ndrew P. Frelen Chief Planner APF:mc cc: Heather Lanza, Director of Planning, Town of Southold H. LEE DENNISON BLDG ~ 100 VETERANS MEMORIAL HWV, sth FI ~ P.O. BOX 6700 ~ HAUPPAUGE, NY 11788-0099 ~ (6311853-5191 05/15/2013 15:05 631-853-4044 S C PLANING DEPT PAGE 02 9twen 13elbae strsror,rc cotnrrv sxsctmvs Department oT Economic Devebpment and Planning Joanne Mialeti Depaty County Executive aad Commbsioner Division of Planning snd Eovironmeat May 15, 2013 RECEIVED Town ofsouthold MAY 1 6 X013 P.O. Box ] 179 Southold, N.Y. 11935 Southold Town Clerk Attn; Elisabeth Neville, Town Clerk Applicant: Town of Southold Zoning Action: iacal I.aw, "Marine (In District and Plum Island Zoning" Resolution No.: 2013-276 Dear Ms. Neville; Staff made an error in the review of the above referencod application. This refettod application has been placed on the Agenda for the June 5, 2013 SutTolk County Planning Commission Meeting. Please be advised that fire local ddermination decision letter, that was sent to tho Town of Southold on April lti, 2013, has been rescinded. Additional correspondence will be forthcoming. trulyyouts, Sat h Lan(Jsdale Director of Planning drew P. Freleng Chief Planner APF:cd Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment May 15, 2013 RECEIVED Town of Southold MAY 2 0 2013 P.O. Box 1179 Southold, N.Y. 11935 Southold Town Clerk Attn: Elizabeth Neville, Town Clerk Applicant: Town of Southold Zoning Action: Local Law, "Marine (11) District and Plum Island Zoning" Resolution No.: 2013-276 Dear Ms. Neville: Staff made an error in the review of the above referenced application. This referred application has been placed on the Agenda for the June 5, 2013 Suffolk County Planning Commission Meeting. Please be advised that the local determination decision letter, that was sent to the Town of Southold on April 16, 2013, has been rescinded. Additional correspondence will be forthcoming. Very trulyyours, Sarah Lansdale Director of Planning ndrew P. Freleng Chief Planner APF:cd MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 o~~Of SOUj~o! Southold, NY 11971 DONALD J. WILCENSKI Chair ~ Q OFFICE LOCATION: WILLL4M J. CREMERS ~ Town Hall Annex PIERCE RAFFERTY G • O 54375 State Route 25 JAMES H. RICH III ~ (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR ~ij'COU'M'~ Southold, NY 111, Telephone: 631 765-1938 Fax: 831 765-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED May 8, 2013 MAY 1 3 2013 Andrew Freleng Suffolk County Planning Commission Southold Town Clerk P.O. Box 6100 Hauppauge, NY 11788-0099 Re: SEQRA Coordination for "A Local Law in relation to the Marine 111) District and Plum Island Zonina" Dear Mr. Freleng, The Southold Town Board, as lead agency, is conducting a coordinated review of the A Local Law in relation to the Marine (II) District and Plum Island Zonina, a Type I action pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act. Comments on the proposed action will be accepted 30 days from the date of this letter. A Full Environmental Assessment Form is attached for your review. If you have any questions, please contact me at 631-765-1800. Sincere , PA'~Cair~~t.~LYt' " cott Russell Supervisor Enc. Cc: Town of Southold Town Board Town of Southold Planning Board MAILING ADDRESS: PLANNING BOARD MEMBERS p L, P.O. Box 1179 DONALD J. WILCENSKI ~r0~ S(]UTG~ Southold, NY 11971 Chair !Q OFFICE LOCATION: WILLIAM J. CREMERS ~ ~ Town Hall Annex PIERCE RAFFERTY G ~ 54375 State Route 25 JAMES H. RICH III ~ ~ ~ (cor. Main Rd. & Youngs Ave.) MARTEN H. SIDOR ~.j'/y,~,M' Southold, NY ~U 11, ` Telephone: 631 786-1938 Fax: 831 786-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 8, 2013 RECEIVED MAY 1 3 2013 Mr. Stephen Ridler, Bureau Chief New York Department of State Southold Town Clerk Division of Coastal Resources One Commerce Plaza - 10`h Floor 99 Washington Avenue Albany, New York 12231 Re: SEQRA Coordination for "A Local Law in relation to the Marine (II) District and Plum Island Zonino" Dear Mr. Ridler: The Southold Town Board, as. lead agency,. is conducting a coordinated review of the A Local Law in relation to the Marine (III District and Plum Island Zoning, a Type I actionpursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act. Comments on the proposed action will be accepted 30 days from the date of this letter. A Full Environmental Assessment Form is attached for your review. If you have any questions, please contact me at 631-765-1800. Very truly yours, /~e~~~ tt R s~ll Supervisor Enc. Cc: Town of Southold Town Board Town of Southold Planning Board SOUTHOLD TOWN BOARD PUBLIC HEARING May 7, 2013 7:32 PM Present: Supervisor Scott Russell Town Justice Louisa Evans Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Councilman Jim Dinizio **r¦*r Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:01 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26`h day of Mazch, 2013 a Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zonine" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 7`h Day of May, 2013 at 7:32 PM, at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to the Marine tII) District and Plum Island Zonin¢" sets forth amendments to Chapter 280, "Zoning". The purpose of the amendments is to create and establish zoning districts on Plum Island and to clarity permitted uses in the Marine II District to accommodate necessary access to the island. The proposed local law amends section 280-4 "Definitions" to add the terms "Ferry Service" and "Impervious Surface", which appear in the Mazine II District amendments and/or in the proposed districts on Plum Island. The proposed amendments to Section 280-55(B)(2) sets forth additional standards for ferry terminals as a Special Exception use in the Marine II District, which include: 1. a ferry terminal must have at least 10 acres dedicated to each ferry service; 2. a ferry terminal shall have a staging area for vehicles that enter anauto/vehicle ferry; and 3. a ferry terminal shall have adequate parking areas for passengers as set forth in §280- 55(C). Plum Island Re-Zoning Public Heazing Page 2 May 7, 2013 The proposed local law also creates two zoning districts for Plum Island -the Plum Island Research District (PIR) and the Plum Island Conservation District (PIC). Amendments will also be made to the bulk schedule appendices to include a separate appendix for these districts that addresses minimum lot size, uses and lot coverage. The Plum Island Research (PIR) District contains the following: 1. Permitted uses (subject to site plan approval by the Planning Boazd) include reseazch laboratories and educational facilities. 2. Special Exception uses (that require approval of the Zoning Board of Appeals and the Planning Board) include solaz energy generation and museums. 3. Accessory uses include uses that aze customary to a permitted principal use, sleeping quarters, apartments or dormitories, cafeteria for personnel, infrastructure, and the existing harbor and ferry facility. 4. All new structures or impervious surfaces shall be set back at least 300 feet from the shoreline and wetlands. The Plum Island Conservation (PIC) District contains the following: 1. Permitted uses (subject to site plan approval by the Planning Board) include nature preserve; public park for passive recreation; educational facility related to the study of nature resource conservation; and museums. 2. Special Exception uses (that require approval for the Zoning Boazd of Appeals and the Planning Board) include solar energy generation. 3. Accessory uses include uses that are customary to a permitted principal use and sleeping quarters, apartments or dormitories. 4. All new structures or impervious surfaces shall be set back at least 300 feet from the shoreline and wetlands. 5. No vegetation in this district shall be removed unless an approval is obtained for the Planning Board. The full text of the proposed Local Law and map of the boundazies of the Plum Island Research District and the Plum Island Conservation District aze available for review at the Town Clerk's Office during regular business hours and on the town's website at www.southoldtownny.sov I have a notice that it was printed in the Suffolk Times on April 25, 2013, it was posted on the Town Clerk's bulletin board on April 5, 2013. There is a letter from the Suffolk County Planning Department, `pursuant to the requirements of sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impacts. The decision of local determination shall not be construed as either an approval or disapproval.' And that is from Saza Lansdale and Andrew Freleng. And I have a letter from the Southold Town Planning Boazd from Chairman Donald Wilcenski, `Thank you for the opportunity to provide comments on the amendments to the town code referenced above. The Planning Boazd has prepared a planning study in support of the proposed zoning for Plum Island which will be submitted and presented by Heather Lanza.' She will go into these various pazagraphs from the Planning Boazd and I would also like to note that the Town Boazd has received numerous, lengthy written comments Plum Island Re-Zoning Public Hearing Page 3 May 7, 2013 on the proposed local law that aze hereby acknowledged and incorporated into the record of this public hearing, they include a letter from Congressman Timothy Bishop dated May 1, 2013 in support of the proposed zoning of Plum Island, a letter from Venetia Hands dated May 5, 2013 and the Orient Association offering their support for the proposed zoning of Plum Island, number 3 a letter from Bill Toedter, President of North Fork Environmental Council dated May 3, 2013 offering support and comments on the proposed zoning consistent with those offered by the Preserve Plum Island coalition. 4, an email from Randy Pazsons of the Nature Conservancy dated May 6, 2013 and the attached report titled `Biodiversity and Ecological Potential of Plum Island New York'. 5, a letter from the citizen's advisory committee of the Long Island Sound study dated May 7, 2013 offering their support and the comments on the proposed zoning. 6, a letter from Nancy Kelly, executive director of the Nature Conservancy dated May 7, 2013 offering support and recommendations for the Plum Island Conservation district. 7, a letter dated May 7, 2013 from Gillian Winer and Patrick Commins from Audubon New York offering support and recommendations for the proposed local law. 8, the Plum Island planning study dated April 23, 2013 that is referenced in the aforementioned Planning Boazd comments. The Town Boazd will review and consider all oral and written comments submitted to the record prior to the adoption of the local law. I note that the record of this proceeding will remain open until June 14, 2013 for the submission of written comment. Following the receipt of comment this evening, the public hearing will be adjourned until June 18, 2013 so that the SEQRA review process can be completed. And that is it. SUPERVISOR RUSSELL: Let me just say we received comments from many, many people. I think I have to say every single one of them was in support of the Town's effort, it is the kind of consensus we got when we proposed the leash law. Actually, I look forward to hearing what everybody has to say, if anybody would like to comment on the zoning, please feel free. HOWARD MEINKE: Inaudible. SUPERVISOR RUSSELL: Yes, and what I was going to do, I am a little bit out of order. I was going to have Heather comment first. Why don't you comment first and then I will have Heather come up and answer some questions. MR. MEINKE: My name is Howard Meinke, I just thought that it was announced that you were talking about solar energy in particulaz. I think that renewable energy generically, there might be methods of making energy that we don't even know about yet. We can study things like that there, we might want to do tidal energy. There is a variety of things. I think it is too specific to say solar energy, I would just change the way it is said. Thank you. SUPERVISOR RUSSELL: Okay. I will just quickly comment on that. The Town Board's intent is to allow for alternative and renewable energies on site there, that would not just be solaz but wind technology, tidal technology, all of that would be included. The reason we were a little bit more specific in the legislation is that we are waiting for burp's from Audubon, national groups on installation of wind facilities at a site that happens to be a major migratory bird site, Plum Island. We want to make sure that any of those wind uses are consistent with the bird use of that island. Also, there are some issues, when you use ambiguous terms or broad terms like renewable energies, we didn't want someone to think that opened up the door to say nuclear Plum Island Re-Zoning Public Hearing Page 4 May 7, 2013 technology. So we are honing this as we go but I assure you, it is the vision of this Board to see renewable and alternative energy in the context of what we all think about when we think about that. That would be titled, wind, solar and some of those technologies that aren't even on the table yet. But thank you. I am going to ask Heather to come up and address the Board. HEATHER LANZA: Southold Town Planning Director. I will just comment really quickly. On our planning study that we did to support the zoning. When we thought about zoning for Plum Island, we quickly realized none of our existing zoning districts would work. Basically Plum Island as we all know is a very unique place, for many reasons, some of which include its size, also its uses in the past. There is really no other island that the town has that has those sorts of uses. So the rationale for creating the new zoning districts was that we don't have a zoning district that would apply here to accomplish the goals that we have for Plum Island. Plum Island is, some of the values and goals that we had that we identified in the study were transportation and access, this island has access to Orient, our most rural hamlet, so Orient and East Marion take the brunt of the travel to and from this island when you access it by ferry on Long Island. Plum Island is a source of high quality employment. We wanted to retain that and that is some of the rationale for the zoning that we chose and the permitted uses that we chose. The preservation of natural and cultural resources, we have our big study that we are using in our SEQRA review for this zoning, that was done I think by the New York natural heritage program, that identified all of the natural resources there, as well as the cultural. The Plum Gut lighthouse as well as Fort Terry, historic places that should be preserved. Also public safety and emergency response were another reason for creating new zoning districts that limited subdivision because one of the big things these zoning districts do is limit the potential for subdivision. Right now the only way, the way we have it worded, the only way you could subdivide it would be along the zoning lines, otherwise there is no individual, there won't be any additional lots here according to our proposed zoning and one of the reasons was we didn't want to create a large residential community out there. We didn't think it was the right place for it. Two other minor reasons were navigation, Plum Gut is an important place for navigation, also commercial fishing and recreational fishing. So that is just sort of a summary for the rationale for the zoning. SUPERVISOR RUSSELL: Thank you very much, Heather. I would invite anybody that would like to comment? JOHN BREDEMEYER: Good evening ladies and gentlemen. My name is John Bredemeyer, I am a 4`h term town trustee and in that capacity I previously was the president of the Boazd but I am merely a member of the Boazd now. I wanted to bring to your attention some comments that I forwazded to the federal government, to the GSA, late on the 26"' of October. I would like to give you my personal analysis as a trustee living in Orient, to the possibility that a good section of this island is already owned by the trustees of the Town of Southold. I have a short presentation for you and I have copies for the members of the Board as well. I draw from extensive work that was done concerning the town's patent rights during the term of former Supervisor Scott Harris, we had issues concerning ground water that we were reviewing at the time. These opinions are my own based somewhat in fact but I have also discussed this the Boazd of Trustees but we have been reluctant to come forward with any large vote or any push on this matter without talking to the Town Board, we have enjoyed a very good relationship with the Town Board in a number of matters over recent years. Here are my prepared comments. Plum Island Re-Zoning Public Hearing Page 5 May 7, 2013 There may exist significant Southold Town Trustee holdings on Plum Island obscured by historic land use and abuse there that has altered the landscape and obstructed the natural flow of waters. While in colonial times, mills and restrictions to water flow likely occurred at the entrance to every major creek in Southold Town, they were largely extant by the late 19`" century. However, successive owners of Plum Island seem to have maintained flow restrictions that have seriously impacted the island's `Great Marsh', which is really a creek system. Major scraping and a system of roads and docking facilities that appear to block the natural flow of waters can be seen on nearly all aerial maps. And in fact, the map that you have up here, this great marsh which originally had an outlet to Plum Gut is in fact this entire area here. And the shore side facilities that have been approved historically including the government dock, where part of the creek system to my mind. Absent a showing of a quit claim deed from a predecessor Board of Trustees to prior Plum Island owners or inhabitants, these heretofore unmapped public lands and waters are part of Southold Town's natural heritage and public trust, with special benefits accruing only to us, like primal rights to shellfish beds. Consideration of the best use of these lands, waters and their rehabilitation is a trust obligation of the Town Trustees, especially if the federal benefit to all US citizens is coming to an end with the potential sale to third party and non-governmental entities. To date, GSA has not addressed this issue. I have copied the communication that I sent to them and maybe that will show up in their final impact statement. As the natural flow of waters and mean high water typically delineates such boundaries, should not the planning process and any zoning map delineate all such potential Trustees lands so any third party purchaser would be put on notice? At a minimum, should not any map promulgated by the Town include the term `Lands now or formerly of the Southold Town Trustees'? Please see the attached sent under my hand to the GSA as a comment to their draft EIS on October 26, 2012. 2, Another question I pose, should not any zoning map and the boundazies promulgated thereto be tied to Southold Town independently verifying claims by DHS/USDA that biological/chemical/radiological contamination will not lead to liabilities for the Town in the future. Shouldn't there exist a town designated functionary with sufficiently high security clearance level to communicate directly with federal agencies to properly vet claims relating to the ongoing chemical biological/radiological clean up and secure answers to questions from our residents, local elected officials and their legal representatives going forward? In contemplating these questions, please consider how the federal government left the island of Vieques, PR as reported only this week by the AO in a copyrighted news story on May 1, 2013 and in an open source article by democracynow.org attached hereto. 3, Should not approval of any zoning map wait until information relating to use restrictions of future inhabitants that might be disclosed in any FEIS/federal regulation be able to be zoned/mapped. Especially as it might restrict future inhabitants keeping pets and livestock and require prophylactic deer management. I think it would be wise if the Town Board communicate with the Trustees as a Board and discuss some of these issues, possibly in executive session. I would like to hear what GSA has to say, I mean, you can't sell what you don't own. I have additional copies if anybody wants it. SUPERVISOR RUSSELL: Thank you. JOHN TiJRNER: Good evening Supervisor Russell and members of the Southold Town Board. My name is John Turner and I serve as a conservation co-chair of the Huntington/Oyster Bay Audubon Society which is one of the seven Audubon chapters that collectively make up the Long Island Audubon council which is part of the preserve Plum Island coalition who I azn also Plum Island Re-Zoning Public Hearing Page 6 May 7, 2013 representing here tonight as a spokesperson for that organization and I would just like to take the opportunity to read a letter into the record for your consideration. `Dear Supervisor Russell and members of the Town Boazd: The Preserve Plum Island Coalition is a consortium of fifty-six conservation minded individuals and conservation, environmental, civic and business groups that support preserving the significant natural, cultural (includes pre-historic and historic) ecological and scenic values of the 843 acre federally owned Plum Island. Now, maybe it is not federally owned but for the purpose of this letter, I said federally owned. To best accomplish this goal, the coalition strongly supports retaining Plum Island in federal ownership and dedicating the undeveloped portions of the island as a national wildlife refuge. While we applaud the leadership shown by the Southold Town Boazd to use its zoning and land use powers to adequately protect the island's natural and cultural resources, we find it very unfortunate the Town of Southold is forced to utilize its zoning and land use powers in the first place. We certainly recognize the town's need to do so, however, since congress has, to date, refused to safeguard the island by adopting federal legislation to reverse the sale of the island to a private entity. We continue to be astonished by the fact that congress passed legislation authorizing the sale of this publicly held island and even instructing its general services administration to sell the island at auction to the highest bidder in contradiction to numerous well established federal policies. The PPIC strongly supports the zoning proposal put forth by the Town of Southold. We think the establishment of the two new zoning categories- the PIC and PIR districts and the expansion of uses in the Marine II district are appropriate and important steps to address land use issues relating to Plum Island and the existing ferry facility at Orient. We especially appreciate the Town's clear recognition of the nationally significant natural, cultural and historic resources found on Plum Island and its advancement of the proposed PIC districts which will ensure their long term preservation. We strongly believe the Town Boazd's decision not to include any of the more well-known zoning categories, which would permit residential, commercial or industrial uses of the island, is the correct one. Again, we appreciate the fact that you did not move forwazd with any proposals that include those. Following are our more specific comments regarding certain aspects of the proposal that we respectfully request that the Town consider as it moves forward towards finalizing the proposal. 1. The expansion of the Plum Island Conservation District (PIC). PPIC recommends that approximately 35 acres in and azound the Plum Island lighthouse, extending along the shoreline in both directions, on the south to the northern edge of the dock facility and to the northeast to the western edge of the main laboratory facility, then inland to the paved road be removed from the PIR district and be added to the PIC district. We also recommend the inclusion in the PIC and removal from the PIR an area of approximately two acres northeast of the existing laboratory facility as this area consists of a maritime shrub land as mapped by the NY Natural Heritage Program and included in their report `Biodiversity and Ecological Potential of Plum Island NY' in May 2012. These proposed modifications aze shown on the attached map entitled `proposed modification of the PIR and PIC zoning districts, Plum Island NY 5/7/13'. Expanding the PIC district to include these additional areas will achieve several important, simultaneous goals, better protection of the historically significant and highly visible Plum Island lighthouse (that is clearly and truly an iconic feature of the island), better protection of the small, isolated wetland between the lighthouse and the docking facility, potential protection of habitat for a number of rare plant species and ensuring that virtually all of the natural, unaltered sections of the Island's coastline are within the most protective zoning district. If these changes are made the minimum lot area requirement for the PIR of 175 acres will presumably need to be reduced accordingly. 2. Solar energy production. And again, if the Plum Island Re-Zoning Public Hearing Page 7 May 7, 2013 Town Board is considering about other types of renewable energy production as well. The establishment of solar energy facilities appeazs to be a priority for both the PIR and PIC districts. If we aze interpreting the language of the draft local law correctly, the bulk schedule regulations allows for up to 50% lot coverage for solar energy installations in the PIR district and 20% lot coverage in the PIC district. If employed to the maximum extent, these schedules provide for 50% of the 175 acre PIR district to be covered with photovoltaic panels, affecting 87.5 acres and 20% of the 600 acre PIC district to be covered, affecting 120 acres. In total, this permits approximately 207 acres of the 843 acres of the Island to be covered with solar panels, approximately 25% of the entire island. To put the 207 acre figure in perspective, it is larger than the 195 acres devoted to the single largest solar farm currently on Long Island, at the Brookhaven National Laboratory. The coalition supports renewable clean energy production (through the use of solar panels) and certainly Supervisor, in reference to your comments about wind energy, certainly wind energy as well if it is friendly wind energy, the designs that really minimize any potential impacts to migratory birds, residents birds and migratory bats, as a legitimate land use for the island, however, allowing up to 120 acres of vegetation in the PIC district to be significantly altered, if not outright destroyed, is of great concern to us and appeazs to be in direct conflict with the purpose for the creation of the district, as stated in the proposed zoning ordinance: `to preserve the integrity of the regionally significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold.' Thus we recommend that the use of solar panels in the PIC be prohibited, except on the roofs of buildings conforming to the 2% lot coverage requirements for all other structures. 3. Acreage totals for zoning categories. The minimum lot azea required is 175 acres for the PIR district and 600 acres for the PIC district. This totals 775 acres; the island is approximately 843 acres. Is there a reason why the acreage total of these two districts does not encompass the entire acreage of the island? I might just be having a mental block about it, perhaps Heather could elaborate on that. But I was just wondering why it didn't add up to the full acreage value of the island. Will the Town exclude wetlands, beaches or steep slopes from its lot area calculation? Has a calculation been done to estimate the gross area within each of the proposed zoning districts and the lot area as it may be defined in the Southold zoning code? To avoid the need for lot area vaziances and other problems in the future, if for example the island were to be subdivided into two parcels along the boundaries of the two zoning districts allowing each piece to be owned and/or managed by different entities, we suggest the Town Board reduce the minimum lot azea for the PIR to 150 acres and the minimum lot area for the PIC to 500 acres. In summary, the PPIC believes the proposal by the Town Board represents a major first step forward in protecting the highly valuable publicly owned assets on Plum Island. We applaud, I want to stress that, the Town Boazd's vision, leadership and courage in taking the lead on establishing the future land use on Plum Island. We hope that you will consider and implement the changes PPIC is recommending to further strengthen an already very strong proposal. We stand willing to help the town in any way possible to enact eh zoning measures and allow Plum Island to continue to function as the site for a world class research facility and wildlife refuge of national significance. And that concludes the comments that I wanted to provide to you tonight on behalf of those two organizations. SUPERVISOR RUSSELL: Thank you very much. Before I pick on someone else, I am going to ask Heather to come up and clarify the issues, the discrepancies. I am going to let her explain why there were discrepancies between the 843 and the 725. Plum Island Re-Zoning Public Hearing Page 8 May 7, 2013 MS. LANZA: That is easy to explain. The actual island acreage is a little unknown because there hasn't been a survey done. We used 823 acres from our GIS to come up with the acreage. The EIS for the sale of the island used 843 acres because I think that is what the tax map says. The Plum Island research district and the Plum Island conservation district have minimum lot sizes of 175 and 600 but the actual sizes of those zoning districts does add up to the 823. We just chose a round number for the minimum lot size. SUPERVISOR RUSSELL: Thank you. BOB HAMLIN: Good evening, I am Bob Hamlin, I am a resident of Orient and I am a member of the board of the Orient Association. The board has received a letter as Supervisor Russell indicated, from Venetia Hand, the president of the Orient Association and I will not read it in the record. I am sure you will all read it at your leisure and we will make copies available to anyone who would like to see it. As indicated in the letter as Supervisor Russell said, the Orient Association strongly supports the zoning efforts the town is making to address Plum Island as we also indicated during the GSA, earlier meeting, the need for this. In general the zones that have been indicated seem very thoughtful and obviously there is some room to discuss small adjustments and so on. We did indicate in our letter we have some concern about how the alternative energy efforts aze going to be made on Plum Island both in the research zone as well as in the conservation zone, that as noted, 20% of the conservation zone is a rather significant portion and obviously how that is done, where it is placed, how close it is to other facilities can be of great importance. If 20% were concentrated in one place, it would be a massive field. Similazly, if it were placed in certain areas, it might be disruptive to some of the other purposes, the conservation purpose, the educational purposes, so that we believe that significant thought has to be given to working on the alternative energy plans overall and how they will be implemented both on Plum Island and elsewhere in Southold as well. It is our understanding that the Town Board is considering a more general alternative energy program and plan and will be working on developing additional resolutions, regulations and policies about that in the future and we look forward to seeing that. We think that care has to be taken in how these alternative energy uses are put on Plum Island as well as elsewhere. Obviously we don't know right now what a solar installation is necessarily. A building built with solaz panels on the roof, some developers might consider a solar installation. Until we have an opportunity to have that well- defined and worked in to the town plan overall, that might be a concern because obviously we are not talking about building 20% of Plum Island up in the conservation zone as buildings that then have solaz panels on the roof. So we do endorse the prograzn overall and we look forwazd to more detail about how the alternative energy programs will be handled there. We do note that there are two blanks in the resolution talking about conditions that we applied to the application of the solar energy generation programs and those conditions aren't listed here and we look forward to seeing what those aze as they are developed. We would also like to understand when we aze talking about solar energy installations or other alternative energy installations, what is the nature of the ownership in relation to the town? Is it a commercial venture that is going to be sold to some third party, is the town going to manage it in some fashion? How is that going to be handled and what is being contemplated. But to go back to our first point, we strongly support the direction the town is going, this proposal seems like a very sound one and we look forward to working with the town to help bring this to fruition. Thank you. Plum Island Re-Zoning Public Hearing Page 9 May 7, 2013 SUPERVISOR RUSSELL: Thank you. I just want to address the concerns, I understand the concerns of the photovoltaic azray allowance of the 20% in the conservation district. I just want people to understand that it is not, it is allowed in the zoning as proposed. However, it would still be subject to a full environmental review as part of the SEQRA process should any future application come in. So all of those environmental impacts could be evaluated as part of the SEQRA process. We thought about what impact it might have, any future buyer, any future owner would have to go through that whole process, it is not as simple as just simply coming in and getting a building permit and erecting 20% lot coverage on photovoltaic azray. So we are certainly well aware of the environmental balancing act that we are trying to achieve here. LOUISE HARRISON: Good evening supervisor Russell and members of the Town Boazd. My name is Louise Harrison. I live at 174 Diamond Lane Peconic. Congratulations for undertaking the zoning at Plum Island, even after several yeazs I still feel that I got kicked in the head that the federal government plans to sell this truly unique public resource. I am a conservation biologist and I have worked in environmental protection on Long Island since 1980. I have worked for federal, state and county agencies as well as in leadership and consulting positions for non-profit environmental organizations. Through conservation and natural area planning, my consulting business, I only represent the interests of non-profits, municipalities, civic and individuals who wish to protect natural resources. I am representing myself tonight. By way of background, I served in the Suffolk County office of ecology as the head of its bureau of environmental management for six years. I undertook freshwater wetland protection at the NYS DEC in the mid 1980's and worked for Long Island state pazks prior to that as a regional naturalist. While at the NYS Department of State in the early 1990's, I identified most regionally important natural azeas, known as RINA's along NY's Long Island Sound shoreline and helped create state policy to protect those areas through the Long Island Sound coastal management program. I have been involved in countless open space preservation efforts and have served in appointed and volunteer positions in federal, state and town environmental committees. For nine years, I was the commissioner of the Long Island north shore heritage area and was a key leader in that planning effort. I have extensive field experience investigating Long Islands' natural eco-systems and coastal environments from NYC to Montauk, Orient Point and Fishers Island. More recently as a biologist for the US fish and wildlife service and liaison to the US EPA's Long Island Sound study. I guided numerous federally funded habitat restoration, stewardship and land acquisition programs on LI and CT. During that time I had the opportunity to tour Plum Island. Tonight I would like to add my support for your initiative to create unique zoning districts for Plum Island, the Plum Island Research district and the Plum Island Conservation district. You aze doing the right thing. Plum Island not only is regionally significant as you stated in the proposed code but it is globally significant to some wildlife species such as the roseate tern. That makes the island in its most natural state possible, irreplaceable. I fully support the town's efforts to encourage research and educational opportunities on Plum Island and to preserve its natural, historic and scenic resources. I have two main comments on the proposed code. I would like to see the PIR district redrawn to avoid including the flood hazazd azeas as well as the NYS DEC regulated freshwater wetlands PL 1 and PL 5. It makes no sense to invite expansion of development or any landscape hardening within the floodplain identified in the GSA's EIS as a special flood hazard azea. Or in an area requiring wetland permits. We shouldn't have to rely on the uncertainties that come with permitting and setbacks when we all agree upfront that the island's Plum Island Re-Zoning Public Hearing Page 10 May 7, 2013 resources need the best possible protection. Excluding sensitive resources and potential hazard areas from the zone where future development might take place would be the best thing to do now while proposed zoning is under initial review. So please acknowledge the floodplain and wetlands for what they are and place these azeas in the PIC district now while the best chances for land protection are available and to prevent future conflicts over land use proposals. In addition, I suggest eliminating the potential use of any part of the PIC district for solaz energy generation even under a special exemption or acceptation by the Board of Appeals and the subject of site plan approval by the Planning Boazd. As of today, I don't believe solar energy panels are compatible with wildlife conservation and otherwise undisturbed naturally vegetated area. As it might be engineered in the future such as perhaps when Plum Island is sold by the federal government and we require implementation of the new zoning districts, we can hope solaz energy generation would require less land area and then can be confined geographically to the PIR district. Obviously I prepared my remarks before I heazd the Supervisor's comments tonight and I acknowledge everything that was said about alternative energy possibilities and the other kinds of things that you might be thinking of but as much as possible I would like to keep those kinds of uses out of the conservation district and I thank you for the opportunity to speak to you tonight. SUPERVISOR RUSSELL: Thank you. RANDY PARSONS: Inaudible. The original of the Nancy Kelly letter and her report....Randy Pazsons with the Nature Conservancy on Long Island. Supervisor Russell, members of the Town Board, thank you for the opportunity to participate in the heazing tonight. We sincerely applaud the Town Board for its courage and foresight in asserting its legitimate land use powers by including Plum Island in its comprehensive plannin~ and zoning for the first time ever. The town's vision of the future of Plum Island being 4/5` conservation and 1/5 research is the most sensible, well considered proposal we have heard in the ongoing controversy over the future ownership and use of the federal holdings at Plum Island. The town's proposal is sensibly balanced, providing for the protection of nationally significant environmental and cultural resources. The continued operation of a world class research laboratory, the reasonable use and improvement of a commercial marine staging area at Orient Point with the protection of the health, safety and welfare of the residents of the town. In our written comments which have been submitted already, we make suggestions for language revisions which might further our common goals. There is actually a marked up copy of your code amendment in the submission. The Nature Conservancy is a member of the Preserve Plum Island coalition and agrees with the position of that organization regarding eliminating the potential for solaz collectors to cover 120 acres of the conservation lands. We also support including an additional 37 acres with high quality natural resources in the conservation district. I do want to acknowledge the Supervisor's comments about the lengthy process any applicant would have to go through but I think we have all seen when a developer, whether it be commercial or residential, comes to the east end of Long Island and they read our codes, they tend to read an allowance of 20% as that is how they do their financial calculations on whether they can make money or not, so I just, a word of caution that if you don't mean 20, we aze concerned about you putting that number out there, if you don't mean 20%. We have attached to our written comments a copy of the 2012 NY Natural Heritage report entitled biological diversity and ecological potential of Plum Island New York which many of you aze already familiar with. Heather mentioned it in her comments. We Plum Island Re-Zoning Public Hearing Page 11 May 7, 2013 believe it strongly supports your proposal and should be in the written record of this hearing. Finally, we encourage you to make any necessary provisions to the proposal while maintaining the basic areas and uses you have proposed. And adopt it as local law as soon as possible. In this way, the town can send a cleaz message to the federal agencies that own and manage these properties on behalf of all of us, that our region is united in support of the town's vision for the future of Plum Island. Thank you. SUPERVISOR RUSSELL: Thank you, Randy. Before I, I just want to apologize to the Board because the next guy 1 am going to call on is not going to go away unless I call on him. So I am just going to call on him now and get it over with. Legislator Albert Krupski. ALBERT KRUPSKI, SUFFOLK COUNTY LEGISLATOR: You aze right, I wasn't going to go away. Albert Krupski, Cutchogue. I would really like to thank the Town Boazd and the Planning Department for working on this. I had the opportunity to work with everybody here for a couple of years and we all know what a shock it was when the Congress decided to sell it and I have listened to the comments and I heard John Turner speak and I heazd Randy Parsons speak last week and John Bredemeyer. I got to listen to their comments last week and think about them but I think the way it is proposed now, in my opinion, the way the Planning Department and the way the Town Boazd worked this out, I think that is the way to go. I think that you have to allow some flexibility, 175 acres for the reseazch area is a good size azea, you need that flexibility for the future, it is not just what is there today, you have to, you have the vision to think forwazd into the future and as far as allowing the solar panels on 20% of it, I think that is very reasonable, I think in the future as far as energy use, you just don't know what could happen. It is easier to allow it now and see what happens then try to go back later on once it is designated a preserve and to try to squeeze something in there later. And I really want to, I am really so proud of the Town Board because here Southold Town has an opportunity to control its own destiny and they aze setting a great example, believe me, for the rest of Long Island because to take this initiative, you deserve a lot of credit. Thank you. SUPERVISOR RUSSELL: Thank you Al. I just want to say, Al is being modest. He didn't mention that as a Councilman, Al was a very persistent member of the Town Board who insisted that we take the issue up and get zoning in place. Some of us were more cynical, myself included, to the sale ever really taking place but Al wanted to make sure that it stayed on our radaz and we got the work done. That was Al, as well as the rest of this Board's efforts. So he deserves as much credit as he might want to give us. Anybody else? CHARLES ROTHENBERGER: Good evening. For the record, my name is Charles Rothenberger, I am an attorney with Save the Sound, a conservation and environmental advocacy organization that operates both in New York and Connecticut, the two states that have primary stewardship responsibility for Long Island Sound. Save the Sound appreciates the opportunity to comment in strong support of the proposed zoning on Plum Island. We wholeheartedly support the goals of the proposed zoning and thank Southold for taking this important pro-active step to preserve Plum Island for future generations. We strongly believe the most appropriate disposition of the island would be to transfer the property to another federal agency such as the US Fish and Wildlife Service through which it might be made part of the national wildlife refuge system. And the alternative we believe that GSA should condition any Plum Island Re-Zoning Public Hearing Page 12 May 7, 2013 future sale in a way that preserves Plum Islands hundreds of acres of habitat and open space. However, should the federal option that falls short, Southold and your impending zoning would provide a safety net for the island's wildlife and coastal systems and it is a welcoming, positive step towards ensuring Plum Island's natural resources aze protected should a transfer to private interests ultimately occur. That being said, we do have several suggestions that we believe will make the proposed zoning ordinance even more effective in achieving its stated goals. With respect to the Plum Island research district, it was noted eazlier that it would allow for the bulk area, conditions would allow for up to 50% of that site to be used for solar installations. We did a little back of the envelope calculation and it assuming that 90% of that zone might fall within the definition of buildable land, that would yield a potential installation covering 78.75 acres which amounts to more than 2 times the azea currently occupied by the Plum Island Animal Disease Center campus, ferry terminal and warehouse buildings combined. Now this is really more in the form of a question. We are curious as to whether such a large solaz installation would require the clearing of additional vegetation to meet that lot coverage. As noted, we certainly support the adaptive reuse of the existing development footprint within the PIR but aze concerned about the potential for expansion beyond that footprint under the special exception allowable for solar installations. To that end, we would recommend adopting the same language for the PIR that is found in the Plum Island Conservation district section with respect to disturbing vegetation and specifically that language can be found in section D of article 32. We should say that we recognize that according to GSA's analysis in the draft environmental impact statement, developed and or maintained azeas comprised approximately 170 acres on the island and some of the specified developments within that analysis only come out to about 65. So as I calculated the potential between the two zones for total maximum coverage of solaz installations, it came out to be approximately 160 acres once you subtract the non-buildable land according to your town code. So it looks like there may be enough already to serve land to accommodate that but we would really be concerned about the details of that siting, we would certainly recommend that additional conditions be placed on solaz installations and again, noted that the conditions that appeazed to be contemplated were admitted to the drafr regulations. We did provide fairly extensive suggestions regarding what some of those conditions might look like in our comments and discussion of the Plum Island conservation district. Among the suggestions that we made, certainly a very thorough environmental impact review should accompany any application for a special exception and that should be an independent analysis and one that certainly should be paid for by the applicant. Height restrictions should be established for any solaz installation, I will leave it up to you to determine what the best height is. Towns throughout the country have established different maximum height allowances but I would suggest something fairly short would be appropriate considering the importance of this view shed. Maintaining the opportunities for wildlife passage to any solaz installation, additionally the placement of solar panels should be based on preserving existing natural features and the design, construction, operation of any facilities should minimize soil disturbance to the maximum percent possible and should not substantially alter runoff or drainage from the site and then finally, any application for special exception we believe should include a site restoration plan that describes how the solar use site will be restored to the same general condition that existed at the time of the approval should the solar installation cease operations. The proposed site restoration plan should describe procedures to be used to restore the solar use site to its prior conditions, including but not limited to re-grading, re-vegetation and the storage and removal of structures and the equipment. That being said, notwithstanding some of those questions and concerns expressed, we really do Plum Island Re-Zoning Public Hearing Page 13 May 7, 2013 applaud the Town of Southold for its vision and its commitment to taking the appropriate steps to ensure that Plum Islands rich cultural, historical and environmental legacy will be preserved for future generations and I wish that every town in Connecticut and New York follows your lead and take such a proactive approach. Thank you. SUPERVISOR RUSSELL: Thank you. I just want to speak to one issue and again, we aze going to consider everything that gets said tonight, we will certainly take it very seriously. But in the interests of clarity want to point out that although we are creating new zoning for the uses on that island, there are other aspects of our code that would still apply once the island goes into private hands. For instance, solar, photovoltaic arrays aze considered accessory structures, accessory to the principal use. The town code already limits heights for accessory structures, I believe the current limit is about 18 feet maybe. Although from a practical point of view, that doesn't mean that it shouldn't be reviewed in maybe a tighter context down the road but there aze other aspects of the code that would come into play here, such as coastal erosion hazazd mitigation areas. We already passed legislation that doesn't allow for construction in those zones, things like that, so this is just really speaking to the uses for that island. Because we didn't have zoning that was appropriate in the existing code. (INAUDIBLE) COLLIER: Good evening Supervisor Russell and members of the Town Board. My name is (Inaudible) Collier. I am here this evening representing the Nature Conservancy in Connecticut, sister chapter to our Long Island chapter that my colleague Randy Parsons just spoke to you from. On behalf of the nature Conservancy in Connecticut, I would like to express our strong support for the town's proposed local law entitled the local law in relation to the marine district and Plum Island zoning. (Inaudible) that leaves 600 acres or 80% of Plum Island in a conservation district to ensure the island's nationally significant, natural, cultural and historic resources are protected. As one of the largest contiguous blocks of undeveloped coastal land in the Long Island Sound, Plum Island supports a diverse array of wildlife and native plants including critical breeding habitat for threatened birds like piping plovers and roseate terns and the lazgest seal haul out area in southern New England. With nearly 400 species of plants on the island including 14 rare species, the island also supports one of the largest concentrations of rare plants in New York. 187 species of birds have been observed on the island including 57 New York State species of greatest conservation need. And the neaz shore areas of Plum Island contain some of the few remaining sea grass meadows in Long Island Sound, a critical habitat for marine life. There are no other comparable conservations opportunities in Long Island Sound where significant resources, already publicly owned, can be permanently protected. Plum Island is also located within the waters of Long Island Sound and Peconic estuazy. Both estuaries of national significance, designated by congress under the national estuazy program. The island is a stewazdship site within the Long Island Sounds national estuary program. Keeping Plum Island in public ownership and management with public access is most consistent with the policies and goals established from congress when it enacted the national estuazy program. This is also an important goal of the nature conservancy and as you heard eazlier, the Preserve Plum Island coalition. The conservancy supports the coalition recommendation that the federal government designate the same portion of the island, proposed to be going for conservation as a national wildlife refuge as the best and most appropriate vehicle for protecting and enhancing the wildlife and ecological communities of the island. Due to the national significance of the island's natural resources, the conservancy also supports and echoes the comments we have heazd from others Plum Island Re-Zoning Public Heazing Page 14 May 7, 2013 here tonight in particular those of the Preserve Plum Island coalition. Those include inclusion in the conservation district and removal from the research district of the approximately 35 acres in and around the Plum Island lighthouse, extending along the shoreline in both directions, south to the northern edge of the dock facility and northeast to the western of the main laboratory facility and inland to the paved road to protect the small isolated wetland between the lighthouse and the docking facility, potential habitat for rare plant species and ensure the natural, unaltered sections of the islands coastline are within the most protected zoning district. In addition, inclusion in the conservation district and removal from the research district of an area approximately two acres northeast of the existing laboratory facility that consists of a maritime shrub land as mapped by the natural heritage program, New York natural heritage program. Use of solar panels in the conservation district should be prohibited with the exception of on the roof of buildings conforming to the 2% lot coverage requirement structures to preserve the integrity of the islands flora and recognizing the comments that were made earlier this evening with regards to other potential sources of alternative energy development on the island, I would also like to echo those concerns that those be minimized within the conservation district. And finally, I think this was addressed earlier but because it is in our written comments I want to repeat it, just verifying that the sum of the acreage for the proposed zoning district is indeed consistent with the total acreage of the island and ensure that all areas of the island are included in the Board's zoning proposal, as proposed it appears that only 775 of the estimated 843 acres of the island were included in the zoning proposal. And as a final recommendation, we would also ask that all sewage on Plum Island be treated to a tertiary level of treatment before discharge into ground or surface waters to minimize the addition of nitrogen loading into Long Island Sound. Finally, I would just like to express the Nature Conservancy in Connecticut's appreciation of the opportunity to review and provide comments to the Town Board on this proposal to ensure Plum Island continues to serve as a natural resource and provide essential and consistent for the region. The Conservancy fully supports the Board's adoption of this zoning proposal. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Boazd on this particular local law? BENJA SCHWARTZ: Good evening. Benja Schwartz from Cutchogue. A lot of building going on in Riverhead, I think we got enough development in Riverhead to balance it out. I almost say no development on Plum Island but not really. I think you know, there is development that can be positive out there. Federal government hasn't been the best steward all the time. Of course, Riverhead Town would probably want to build a bridge across the gut so they could, you know, put some big stores out there or something. Okay, well, I just, I am really proud of the town Board for proposing this very thoughtful and well considered legislation. I think there are a couple of items or terminology that could be improved on. We have heazd a lot today about alternative energy and I would just like to, rather than say alternative, the point is that it is clean, non-polluting energy. It is not going to have a adverse impact on the environment. Renewable energy as opposed to the limited sources of energy which we currently rely on and will not be able to forever. I think the idea, what I have heard and I haven't seen, I haven't read all the proposed zoning, I have been very busy lately. I apologize but you have all been doing a great job, thank you for that. And you too. I have never been to Plum Island. It is hard to get there. You have got to, you know, have the right credentials and all. It is a little easier than it used to be to go to Fishers Island which is very similar in many ways, on the other Plum Island Re-Zoning Public Hearing Page 15 May 7, 2013 side of the Sound. But I am supportive of the idea of having some public access to natural environment out there. The idea, the terminology used in the proposed legislation of passive recreation, it is not going to be passive. Just getting there across the Plum gut is going to be very active, believe me. If you have ever been there, been in the gut, you will know what I mean. But really, that dichotomy, the description, the use of passive recreation azeas and active recreation areas, I think doesn't describe what we really are talking about. Sometimes they say non- consumptive recreation, you can say non-disruptive, protected and I think it is important to be protective but I also think that we can support and promote nature if we have appropriate kind of development out there and appropriate zoning legislation would go a long way towards encouraging that. Closing, I would just like to mention the book `Bringing nature home' and how we humans are occupying so much territory on the eazth. It is not enough just to close off places and say that nature can do i[s thing out there. everything that has been said today about Plum Island also needs to be applied to the property on the mainland here, to our jurisdiction and yes, private property also on the mainland. Finally, there was a resolution today, #369. Something about a memorandum of agreement with the federal government on Plum Island. I was disappointed to see that there was not an attachment on the website. That it was not posted. In fact, this proposed legislation could easily have been attached as a link in the agenda so that people could actually read the specific legislation. And I would ask if maybe the public hearing comments could be put on our wonderful laserfiche system that we, our Town Clerk has set up for us. Thank you. AARON BURGEN: Good evening, Supervisor Russell and Town Board members. Thank you for allowing all of us this opportunity to speak tonight. My name is Aaron Burgen. I azn the vice-president of the Group for the East End and I am filling in for Bob DeLuca, who regrets that he couldn't be here tonight, the president of the group. He has been working on the Plum Island issue since 2003, mainly with the security but also now most recently with the conservation site assessment. And just for the record, the group represents the conservation and community plazming interests of several thousand member household on the east end with roughly 400 here in Southold Town. And our central office is in Southold. We are also member of the Preserve Plum Island coalition, as many of the folks that spoke tonight are. We echo a lot of what John Turner said. And we want to strongly support the proposed changes that would establish these two districts as well as the existing M II zoning which would further clazify a number of potentially problematic uses on the land side and dock portion of the Plum Island property. And so that is something not to use sight of, the proposed amendments set forth. I just want to echo again, roughly 37 acres that is now being proposed in the reseazch district, 35 acres right on the western shore and again, the other two acres on the north of the existing facility. Just looking through before this is finalized, just to take a look at that. It is mainly wooded area, undeveloped northwest coast and the southwestern which contains a lot of wetlands and of course, the Plum Island lighthouse. But also from an aesthetic standpoint, there is going to be a lot of boaters out there, to have buildings right up to the edge of the coastal shoreline would not be beneficial to the public. The last thing too is, working along with Congressman Bishop who (inaudible) to de couple the sale of Plum Island which as proposed now would help pay for the new lab which of course probably wouldn't be able to happen because the sale of Plum Island would be just a fraction of what the new lab will cost. But again, I want to repeat anything that other people have said tonight and our written comments will be set forth very soon. I just want Plum Island Re-Zoning Public Hearing Page 16 May 7, 2013 to thank everyone for their attention to these concerns that we have spoken about and if there is anything that the group can do moving forward, please let us know. Thank you very much. SUPERVISOR RUSSELL: Thank you. BILL STEGIMAN: Good evening, thank you for the opportunity to speak. My name is Bill Stegiman and I am the conservation chair of the Long Island group of the Siena Club. We have about 6,000 members on Long Island. We are also members of the Plum Island coalition. And we aze thankful to John Turner for illustrating our viewpoints eazlier. I am really just, I azn from West Islip and I thought it was important to be here tonight as a representative of the Siena Club to express our gratitude for these actions that you are proposing. I will leave it at. Thank you. SUPERVISOR RUSSELL: Thank you very much. Who else would like to address the Town Board on this particulaz issue? ROBERT DUNN: Robert Dunn, Peconic. I am just curious about, assuming this goes through this way, what is the liability of the Town? I mean, the conservation district is certainly not going to put any dollars on the table. What kind of liability is the town going to have once the (inaudible) and what kind of income might come from the island should there be no development? SUPERVISOR RUSSELL: The zoning doesn't envision no development. What the zoning tries to do and I understand the concerns that people have had tonight with regard to photovoltaic arrays etc., but you know, you need to understand that this Town Board's goal was not just to protect what is a stunning eco-system that is over there but also to equally protect a stunning world class facility, research facility. So that is why we have segmented the zoning to allow for the continuation of research and development in the PIR district. The liability, the town is merely zoning the property. By zoning it, we are not taking possession of it, we aze not taking title to it. The liability still rests with the federal government and any cleanup, any of those issues, they need to identify and disclose to any potential buyer. MR. DUNN: There is plenty of that there. I mean, you can see that just from the satellite. I have never been on the island but looking at satellite pictures, there hazardous dumps, there is vehicles. Those buildings were built starting in the 40's and 50's. God knows what is in them. But I am talking about from security, police, fire, transportation. What kind of liabilities will the town have.... SUPERVISOR RUSSELL: We already have an agreement, as a matter of fact, Benja refereed to a resolution, I think it was 369, we actually have a memorandum of understanding, we provide policing to Plum Island. Generally it is on a stand ready basis. If they have an incident, if they have an unruly worker, then we will go over there and assist them. It is just their security. MR. DUNN: But once they would leave. SUPERVISOR RUSSELL: Well, once they would leave, again, if it became privately held, then we would have to work out with any potential buyer some type of arrangement for the policing Plum Island Re-Zoning Public Hearing Page 17 May 7, 2013 of the island. Also, they would need to probably contact the Orient fire district. Right now, they maintain their own fire department on Plum Island. MR. DUNN: Correct. SUPERVISOR RUSSELL: If Orient were to absorb that, they would need to go to that fire district and negotiate some sort of reasonable fire protection. If they can't sustain their own fire department. MR. DUNN: And that funding would come from? SUPERVISOR RUSSELL: That would be, again, any prospective buyer would have to factor that into the equation. The funding isn't going to come from Southold Town. I don't know what arrangements they would work out with the federal government or the fire district. MR. DUNN: And if the zoning were to frighten off any prospective buyers and the feds walked away from it and now it is just an island out there that the town is concerned with.... SUPERVISOR RUSSELL: We have tried to be broad enough with the zoning in the research district that hopefully that wouldn't be the case. We aze trying very much to protect jobs on Plum Island as much as the scenic view sheds there. I mean, we aze trying to balance those things out. We hopefully have included enough uses in that research area.... MR. DUNN: So in the conservation district, we would kind of hope that some... SUPERVISOR RUSSELL: It is a de facto preserve now and.... MR. DUNN: Somebody would buy it to preserve it.... SUPERVISOR RUSSELL: For the 175 acres that we are creating for the research and development district. MR. DUNK: But that potentially could be revenue generating then? SUPERVISOR RUSSELL: Yes, if a private buyer, then we would put it over to rural section one and it would become taxable property. MR. DUNN: And if it was a university or anybody.... SUPERVISOR RUSSELL: Presumably they would stay in the tax exempt status. MR. DUNN: Okay, so again, we aze not..... SUPERVISOR RUSSELL: If we were to transfer to a tax exempt entity, it would be revenue neutral because right now it produces no taxes. Plum Island Re-Zoning Public Hearing Page 18 May 7, 2013 MR. DUNN: That is it. I just want to know how much thought has been given to what if it continues to produce no taxes? SUPERVISOR RUSSELL: We thought about that a great deal but again, we didn't try to create zoning to create expansion of the tax base, we tried to create zoning that does two things. It achieves protection and preservation of that stunning eco-system and tries to save Plum Island as a research facility. MR. DUNN: Okay but if everybody left and it was just a nice little conservation azea which would be a wonderful thing (inaudible) you are going to have to put some people out there patrolling to keep the yahoo's off it from doing whatever they would do. SUPERVISOR RUSSELL: The federal government would still have to, again, if the federal government just had to walk away from it, they would still own it and they would still have the underlying responsibilities. MR. DUNN: Okay. Thank you. SUPERVISOR RUSSELL: Bill? BILL TOEDTER: Bill Toedter, Southold. President of North Fork Environmental Council I won't wax eloquent or repeat what my colleagues and associates have said, I think we have covered that and the NFEC really does appreciate the work and commitment that you have put into this so far. To Al's point, it has been a long road to this point and what we want to say is that we all need to understand that this is not the end, this is the beginning and there is a long road ahead with commitment from the Town Board and commitment from all these organizations as we move forward. We have talked a lot today about Plum Island and you know our positions on that. We also need to keep in mind as Bob spoke about and as Aazon spoke about, (inaudible) other issues that then may affect us. When we look at decommissioning, if there is an actual sale and we look at remediation efforts and we look at any construction, how that is going to affect Orient, East Mazion and Greenport in terms of traffic issues, in terms of all these other things. So we hope that the Town Board continues its focus going forward in dealing with these things and we stand ready to help you with that, too. SUPERVISOR RUSSELL: Thank you very much. Who else would like to address the Town Board? Don? DONALD WILCENSKI: Donald Wilcenski, Planning Board chair. I would just like to take a moment to just recognize the Town Board, the code committee, the attorney's office, the planning staff and everyone for doing an outstanding job in bringing this to where it is now. There have been a lot of meetings over the last several months and it has been a pleasure to listen to all the comments here tonight with everyone pretty much having the same goals in mind. And we will continue to take your comments as we move forwazd. Thank you. SUPERVISOR RUSSELL: Thank you Don. Who else would like to address the Town Boazd on this local law? Anybody? Plum Island Re-Zoning Public Hearing Page 19 May 7, 2013 MR. SCHWARTZ: Excuse me, if I may just add one quick point. On the agenda today, there was something about a conference, living shoreline conference which I think is apropos to this whole discussion. And I was very glad to see one of our local trustees of the Town of Southold was one of the panelists along with some very distinguished people from up and down the east coast..... SUPERVISOR RUSSELL: I just want to remind you that we aze still in the public heazing for the local law that is proposed but we will go to the public comment section in a second. MR. SCHWARTZ: Well, you know, it is similaz to the idea of posting the comments here, I think there could have been a link on the agenda to the, on our agenda, to the agenda for this living shoreline conference. I understand it is sold out but I think there is a lot of very similar thinking of people who understand the value of conservation and how that will add not just natural resources but economic benefits to our town, way beyond what residential development or commercial development out there, we just provide some cash input but also cash outlay requirements. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this pazticulaz local law? This meeting was adjourned at 9:17 PM until June 18, 2013. Written comments accepted until June 14, 2013. Eliza th A. Neville Southold Town Clerk COMMENTS RECEIVED AT PUBLIC HEARING 5/7/2013 Neville, Elizabeth From: Sent: To: Cc: Subject: Attachments: Neville, Elizabeth Tuesday, May 28, 2013 12:04 PM Andaloro, Jennifer; Christopher Talbot; Doherty, Jill; Finnegan, Martin; James Dinizio; Krauza, Lynne; Lauren Standish; Louisa P. Evans; Neville, Elizabeth; Phillip Beltz; Russell, Scott; Tomaszewski, Michelle; William Ruland Lanza, Heather; Verity, Mike; Weisman, Leslie Emailing: SCPC P.L zoning rec_20130528114748 SCPC P.L zoning rec_20130528114748.pdf FYI Elizabeth A. Neville, MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064 Your message is ready to be sent with the following file or link attachments: SCPC P.I. zoning rec_20130528114748 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. TheNature ~ Conservancy Protecting nature. Preserving life. www. natnre.org/longisland May 7, 213 1,,,, fA,tM SpN~r~~g~ RECEIVED 2so Wwrence Hiu AOad Supervisor Scott Russell Cold Sprang Harboq NY 11734 ~ ~,'ei163us63-3226 and Members of the Town Board ' Fax 1631, 367.47 ~ 5 fdAY 7 2013 ttN~~FFr,~t<<,N,rg~~t~~~ Town Hall Poxt orfi~ Box s 1 zs ' Faaaampro~,NVn9s7 53095 Route 25 'IFI (63U 329-7689 Southold Town Clerk Fax (63u 329-ozis P.~. Box] 1i~T179 MA%11pMglg PRESERVE SoLlthold, NeW Yorl{ 11(11 Poss Office Box 850 J 11 1 J Shelter Island, NY 11964 Td (63 q 749-1001 Fax163u749-14"° RE: Plum Island Zoning WURLDW I ?E OPR( Y 4245 Nmrh Fairtax Sr. Suite 100 "`cngm".°"22203 Dear Supervisor Russell and Members of the Town Board Tel p03) 841-53~ www.narure.org The Nature Conservancy is pleased to strongly support the Town Board's proposal to create a Conservation Zoning District in Che Town of Southold, and place some 600 acres on Plum Island within it. While we are aware that the Town also proposes to zone some 175 acres around the existing national Animal Disease Research facility on Plum Island for Research and Development and to revise the Marine II zoning of the 8 acre staging site and ferry terminal for Plum Island at Orient Point, our comments focus primarily on the creation of the new Conservation Zoning District and the proposed boundary of that district on Plum Island. By providing 175 acres of Research and Development Zoning on the island and Marine II coning on 8 acres at Orient Point, the Town allows for the continuation of important economic and scientific activities, leaving the overall federal holding with reasonable economic use and value should it ever be privately owned. The Nature Conservancy is a member of the Preserve Plum Island Coalition and supports the goals of that organization as they will be sated at this hearing by other speakers. We support including most of Plum Island in the National Wildlife Refuge System with Prin[ed on 1f 0'R, pose-a nsumer paper z ownership and/or management provided by the US Fish and Wildlife Service. An internal federal transfer by the Department of Homeland Security to the US Fish and Wildlife Service of the same lands proposed by the Town to be zoned for Conservation on Plum Island makes the most sense to us. A recent, similar, internal federal transfer of Gardiners Point Island, the former location of the Gardiners Island Lighthouse and Fort Tyler, just 3 miles over water from Plum Island, to the care of the US Fish and Wildlife Service as part of the Long Island National Wildlife Refuge system, provides an example of what could be done at Plum Island. The National Wildlife Refuge System, managed by the U.S. Fish and Wildlife Service, is the world's premier system of public lands and waters set aside to conserve a nation's fish, wildlife and plants. Since President Theodore Roosevelt designated Florida's Pelican Island as the first wildlife refuge in 1903, the System has grown to more than 150 million acres in 556 national wildlife refuges. The Long Island National Wildlife Refuge system is already some 6500 acres in size and includes seven national wildlife refuges. The strategic location of Long Island along the Atlantic Flyway makes it an important nesting, wintering and migratory stop over area for hundreds of species of birds. Despite calls by the Preserve Plum Island Coalition for the transfer of ownership and/or management of the undeveloped portions of Plum Island to the US Fish and Wildlife Service, or a similar conservation owner/manager, the US General Services Administration moves toward sale of the island at auction to the highest bidder. Given this set of circumstances, we believe the Town of Southold is acting reasonably, responsibly and protecting the local, regional and national public interest by creating a Conservation Zoning District and placing the most environmentally significant lands on Plum Island into it. 3 The Nature Conservancy's New York Chapter has identified our "top ten" land protection priorities in Nassau and Suffolk County. Following are some of the reasons why Plum Island made it onto our top ten list 1) It is located within the Long Island Sound and Peconic Estuaries, estuaries with natural, economic and cultural resources of national significance, included in the National Estuary Program by the US Environmental Protection Agency. What happens on Plum Island directly affects these two estuary systems; 2) There are no other comparable conservation opportunities in the Long Island Sound and Peconic Estuaries where such a significant resource is already publicly owned and can be permanently protected with a change of federal policy; 3) Plum Island has 12 miles of natural shoreline and over 600 acres of vacant lands, which provide clean water to the island's aquifer and surface waters of the two national estuaries and important habitat for many plants and animals, some of which are rare or endangered (see comments below on NHP report) 4) a report prepared by the New York Natural Heritage Program (NHP), dated May 2012, a copy of which is attached hereto as Exhibit A and made part hereof, details what is known about the flora, fauna and natural communities on Plum Island The NY Natural Heritage Program is a partnership between the NYS Department of Environmental Conservation (NYSDEC) and the State University of New York College of Environmental Science and Forestry. 4 Its mission is to facilitate conservation of rare animals, rare plants, and natural ecosystems, which are commonly referred to as "natural communities." NHP accomplishes this mission by working collaboratively with partners inside and outside New York to support stewardship of New York's rare plants, rare animals, and significant natural communities, and to reduce the threat of invasive species to native ecosystems. NHP combines thorough field inventories, scientific analyses, expert interpretation, and comprehensive databases on New York's flora and fauna to deliver quality information to partners working in natural resource conservation. The end result of our actions will be more compatible management activities around our most imperiled species, ecosystems, and high-quality natural areas, in order to have significant and lasting effects on the preservation of New York's biodiversity. The NHP program was established in 1985 and is a contract unit housed within NYSDEC's Division of Fish, Wildlife, & Marine Resources, staffed by 25 scientists and specialists with expertise in ecology, zoology, botany, information management, and geographic information systems. The Natural heritage report is the most comprehensive and current compilation of flora and fauna on Plum Island. The report was provided to the Town previously so that its findings could be considered as the Town developed its comprehensive planning and zoning for Plum Island. While the entire NIIP report is relevant and is attached, we excerpt only certain highlights for Che purposes of this hearing Plum Island lies in a small archipelago of peninsulas and islands stretching from Long Island's North Fork to Fishers Island and then to Connecticut and Rhode Island and is surrounded by four bodies of water that 5 influence its offshore and onshore environment and biodeversety: Long Island Sound to the west and north, Block Island Sound to the east, Plum Gut to the immediate southwest, and Gardeners Bay further southwest. Plum Island has been recognezed previously for ets potential importance to New York's and the nateon's beodeversety. For enstance, the island es part of the "Orient Poent-Plum Island" Important Berd Area (Burger and Lmer 2005) and the adjacent waterway known as Plum Gut is a Significant Coastal Fish and Wildlife Habitat (New York State Division of Coastal Resources 2009). The geology of Plum Island is a reflection of its glacial history, which has resulted in varied topography, 17 soil types, and a diverse flora and fauna. The island has had a long and varied cultural history, including use by Native American and colonial farmers • • We documented 25 natural community types and 8 cultural community types on Plum Island, including four considered significant from a statewide perspective: maretime dunes, maritime beach, maretime bluff, and marine rocky intertidal. The animal biodeversity of the island is poorly known, with the exception of the berdlife. Compiling data from multiple sources, we report that 187 species have been observed on the r'sland, including 57 New York State Species of Greatest Conservation Need (SGCN)•••.Notable birds include the Osprey, whose nests no w number in the single digits but for 6 which at one time Plum Island hosted the largest nesting colony in New York. The substantial multispecies heron rookery and gull colony, which thrived into the 1990s, are nowgone, presumably due to the accidental introduction of raccoons. Piping Plover, American Oystercatcher, Northern Harrier, and Common Eider are some of the at-rr'sk species known to breed currently on the island. Scattered sightings constitute the known mammalian fauna of the island, which includes mice, voles, fox, muskrat, beaver, raccoon, and deer (which are kil/ed by island personnel). The island's herpetofauna /s a big mystery, with three or four turtle species, garter snake, and green frog confirmed, and a great deal other rare species with potential, including mud turtle, tiger salamander, and the newly identified and rare species of leopard frog. Similarly, only a handful of surveys have been done for insects, with the most notable finds being the seaside dragonlet and beach-dwelling hairy-necked tiger beetle. There is great potential for additional rare dragonflies, damselflies, and moths on the island. f lum Island's marine environment is highly productive for animals, with greater numbers of marine fish in the surrounding waters than in most other sites in the mid-Atlantic. Multiple species of cetaceans have been seen in nearby waters, including the critically endangered northern right whale, and the rocks off of Plum Island's shore are home to the largest seal haul-out site in New York. The eelgrass meadows off of Plum Island have 7 potential to support foraging sea turtles, but survey data are lacking. Plum Island s flora is well documented compared to other taxa. Botanists have recently collected 391 species within 246 genera and 89 famines and along with historical records there Is a total of approximately 420 species. Native species are still a major component of the natural vegetation. Plum Island, with 16 recorded rare plant species, has one of the highest concentrations of rare plants in New York State, similar to the situation on Fishers Island, a short distance to the northeast. Both islands are part of the "outer lands" of the Ronkonkoma moraine islands east of Long Island and contain a variety of habitats that support rare plants that only occur on the coastal plain of New York. Threats to Plum Island's native biodiversity include invasive species, the potential for residential development, climate change, and on- and offshore energy development such as wind and underwater turbines. Should the opportunity become available for ecological management and/or restoration, a consortium of stakeholders could contribute to a vision of a desired future condition for the island, which wil/ direct appropriate action. In this report we briefly outline some possibilities to enhance the biodiversity value of the island•••. In addition to the general comments of support above, we would like to make comments on the specific language of s the proposed legislation. Those comments are attached as Exhibit B, "Comments on the specific language and boundaries of the proposed PIR and PIC Zoning Districts." We appreciate the opportunity to provide input to the Southold Town Board on this matter and strongly support your adoption of your proposed Research and Conservation 7.oning Districts on Plum Island. Sincerely, Nancy lley Execu ' e Direct r The Nature Conservancy on Long Island Enc EXHIBIT B COMMENTS ON TIIE SPECIFIC LANGUAGE AND BOUNDARIES OF THE PROPOSED PIR AND PIC ZONING DISTRICT ON PLUM ISLAND MAY 7, 2013 COMMENTS 1) Plum Island's resources have been recognized as important not only to the region, but to the nation•••we suggest the phrase "regionally important •••resources° be replaced by "nationally important resources" wherever that term appears in the text; 2) References to protection of groundwater quality and quantity, we believe, should also reference protection of surface water quality and quantity; 3) Where the legislation calls for sewage treatment, if in fact the Town can regulate in this area through its zoning powers, we propose that it call for a tertiary level of treatment before discharge to the ground or surface waters; 4) We support removing 37 acres from the PIR District and adding that land to the PIC District, as proposed by the Preserve Plum Island Coalition (°in and around the Plum Island Lighthouse and northeast of the existing laboratory"); 5) We do not believe it makes sense to allow solar energy installations at all in the PIC zone, except on the roofs of permitted buildings, and certainly not on 20% of the lot area, or 120 acres 6) Please also see mark up of local law text below COMMENTS ON THE TEXT OF THE PROPOSED AMENDMENTS 2013-276 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set Public Hearing for May 7, 2013 at 7:32 PM for a Local Law in Relation to the Marine (II) District and Plum Island Zoning WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of March, 2013, a Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" now, therefore, be it2 RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 7th day of May, 2013, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning". Article XXXI Plum Island Research District (PIR) §280-182. Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities, provide quality employment opportunities and to preserve Plum Island's nationally r~;a',:y--significant natural, historic, scenic and cultural resources. §280-183. Use regulations. In the PIR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Research laboratories with multiple buildings allowed in a campus-style development, subject to the following conditions: (a) The use shall not involve the handling, storage or discharge of explosives. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact ground or surface waters. (c) All sewage will be treated by a sewage treatment plant or similar sewage treatment to a tertiary level of treatment before discharge into around or surface waters. (2) Educational facilities, with multiple buildings allowed in a campus-style development. All sewage will be treated by a sewage treatment plant or similar sewage treatment to a tertiary level of treatment before discharge into around or surface waters.: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar energy generation in excess of that needed to provide power to permitted uses, subject to the following conditions: (2) Museums housed in a designated historic landmark. All sewage will be treated by a sewage treatment plant to a tertiary level of treatment before discharge into ground or surface waters of siaailar. C. Accessory uses. The following uses are permitted as accessory uses: (1) Any eustemary-structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter; (2) Sleeping quarters, apartments or dormitories providing accommodations solely for personnel associated with permitted or special exception uses set forth in §280-182(A) and §280-182(B); (3) Cafeteria for personnel associated with permitted or special exception uses set forth in §280- 182(A)and §280-182(8); (4) Infrastructure necessary to the operation of the permitted or special exception uses set forth in §280-182(A) and §280-182(8), limited to roads, sewer system, water suooly wells, water storage and water pipelines and utility lines, fuel storage and distribution systems which meet federal. state county and local standards for the storage of hazardous materials; (5) The existing harbor and ferry facility for transportation by boat to and from the Island. §280-184. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Research District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 175 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 20% of buildable land within the PIR District, except that solar energy installations combined with all other lot coverage may exceed this limit up to a total of 50%of buildable land within the PIR District '~.~.••^•,ga_. §280-185. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the bluff line, shoreline and ed a of wetlands. Article XXXII Plum Island Conservation District (PIC) §280-186. Purpose. The purpose of the Plum Island Conservation District is to preserve the integrity of the regiena44y nationally significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. §280-187. Use regulations. In the Plum Island Conservation District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Nature preserve (2) Public park for passive recreation (B) Educational facility related to the study of natural resources conservation and passive recreation. All sewage will be treated by a sewage treatment plant or similar sewage treatment to a tertiary level of treatment before discharge into ground or surface waters -1•^'I..•..^•••^^^ (4) Museums, housed in existing designated historic landmark. All sewage will be treated by a sewage treatment plant or similar sewage treatment to a tertiary level of treatment before discharge into ground or surface waters.t: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: h6.. f..ll.... d.... ...I:Y.. , C. Accessory uses. The following uses are permitted as accessory uses: (1) Anyc-ustemary-structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter; (2) Sleeping quarters, apartments or dormitories providing accommodations solely for personnel associated with the permitted or special exception uses set forth in §280-186(A) ~'~°L~r D. Additional Standards: All uses in this District shall be subject to the following: Vegetation shall not be disturbed. Where noxious or invasive plants are overtaking native #aaaa-flora or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants; 2. an application fee of $100; 3. The Planning Board shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. §280-188. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same farce and effect as if such regulations were set forth herein in full. Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in 280-78 and 280-79. Plum Island Conservation District Bulk Schedule: (to be placed in a new Appendix) Minimum Lot Size: 600 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 2%of buildable land, ^ ^^^'g~ ~ •°e;ze ~....•«~na ~s-ma~,:~h.~s-Iir~iE~9 tB a tBtal of^~°= IBE Eo. _ 'age Impervious surfaces (including 2% lot coverage): 6% of buildable land, . nl... nn^.m. n.«~IhYn nn.l «L.'. I:...'« n hn n «n«+I nF 9l~N_ i ~ ~.f~~n §280-189. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the shoreline bluff line and edge of wetlands. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional orinvalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. i . ! _ i I ~ 4~~Y ;.f'•. - e P°, 1 _tA`. Ll 4'~~ 1 de s ~ - 11• ,.~ja .~*#'~4 t _~e R t;"~~'~ - _ PS ~ ^ ` ~ ~l_ ,,S" r r ~ b ' I ~ 1~ is F ~ ff s g . ~ = M, r •r. W _ 1 ~ Town of Southold . , ~ yh~ - Plum Island Proposed Zoning ' _ ~ Zoning Boundaries Map Prepared by Town of Southold GIS March 26, 2013 Aerial Photographs Taken From Spring 2010 Flight Scale: 1 inch equals 1400 feet Suffolk County Real Property Tax Service Agency GIS Basemap COPYRIGHT 2013, County of Suffolk, N.Y. B~ioc~iversi and ecolo ical otential of tY ~ p Plum Island, New York - a ti y,,-. r• y.R.= r ~ Mx~' - _ - ~ ~ _ - / ,rY -a ~ ' ~ - ~ ti r~ r 7 d i~ t ij3 1,~.r • • ~ - .a ~~.tr r,,~ ? New York Natural Heritage Program t The New York Natural Heritage Program The NY Natural Heritage Program is a partnership NY Namral Heritage has developed two notable between the NYS Department of Environmental online resources: Conservation Guides include the Conservation (NYS DEC) and The Nature Conservancy. biology, identification, habitat, and management of many Our mission is to facilitate umservation of rare animals, of New York's raze species and natural community rare plants, and sibmificant ecosystems. We accomplish this types; and NY Nature Ex 4uer lists species and mission by combining thorough Field inventanes, scicntiflc communities in a specified area of interest. analyses, expert interpretation, and the mast comprehensive NY Natural Heritage also houses eMaplnvasives, an database on New York's distinctive biodiversity to deliver online tool Far invasive species reporting and data the highest quality information for natural resource management. planning, protection, and management_ In 1990, NY Namral Heritage published Fco(ogieal NY Natural Heritage was established iv 1985 and is a Commuuitier of New York Stote, av all inclusive contract unit housed within NYS DEC's Division of classification of natural and human-influenced Kish, Wildlife & Marine Resources. The program is communities. From 4Q,000.acre beech-maple mesic staffed by more than 25 sdentists and specialists with forests to 40-acre maritime beech forests, sea-level salt expertise in ecology, zoology, bo[an}S tnEormatiav marshes to alpine meadows, our dassiFicauon ywekly management, and geographic information systems. became the primary source foe natural community NY Natural Heritage maintains New f'ork's most classification in New York and a Fundamental reference comprehensive database an the status and location aC for natural community classifications in the northeas[em rare species and natural commmities. We pcesendy United Stales and southeasrem Canada. This monitor 174 natural community types, 802 raze plan[ classification, which has been continually updated as we species, and 441 rare animal species across New York, gather new field data, has also been incorporated into keeping track of more than 12,SOf1 locations where these the National Vegetation Classification that is being species and communities have been recorded. 1'he developed and refined by Naturetierve, The Nature database also includes detailed information on the Conservamy, and Natural heritage Programs relative razeness of each species and community, the throughout the United States (including New York). quality of their occurrences, and descriptions of sites. NY Natural 1-ieritage is an active pazucipant in The information is used by public agencies, the Namretierve -the international network of biodiversity environmental conservation community, developers, and data centers. NamreScrve's network of independent others m aid in land-use decisions Our data are data ten rers collect anti analyze data about the plants, essential foe prioritizing those species and communities animals, and ecnloftical communities of the Wes[em in need of protection and Far guiding land-use and land- Hemisphece. Known xs' natural heritage programx or management decisions where these species and conservation data cen fern, drew programs operate mmmunihes exist. thrc>ughnul all of d~c United Stares and Canada, and in In addition to [racking recorded locatons, NY many countries and terrllarics of L.afin America. These Namral I-Tentage has developed models of the areas programs work with Namretierve to develop biodiversity around these locations important for conserving data, maintain compatible standuds for data management, biodiversity, and models of the distribution of suitable and provide information about rare species and natural habitat for rare species across New York State. communities that is consistent across many geographic scales. II New York Natural Heritage Program , Biodiversity and ecological potential of Plum Island, New York Matthew D. Schlesinger Aissa L. Feldmann Stephen M. Young New York Natural Heritage Program 625 i3roadway, 5"' Floor Albany, Ncw York 12233-4757 w~xnv.nynhp.org With contributions from uric Lamont, Richard Staltex, Paul Spitzer, I Iugh McGuinness, John Sepenoski, MaryLaura Lamont, Tim Green, Robert DiGiovanni Jr., Mike Scheibel, and Mike Bottini May 2012 Please cite this report as follows: Schlesinger, M.D., A.L. Feldmann, and S.M. Young. 2012. Biodiversity and ecological potential of Plum Island, New York. New York Natural Ficritagc Program, Albany, New York. Cover photographs (clockwise from upper left): Crossleaf milkwort (Polygala cruciata var. aguilania) by Stephen M Young; American Oystercatcher (llaematopur pallidu.r) by Don Sias; Maritime bluff by Julie A. Lundgren; harbor seals (Photo vitulina) by the Riverhead Foundation fox Marine Research and Preservation; Seabcach knotweed (Polygouumglaucum) by Stephen M. Young; preliminary natural community map of Plum Island by Aissa L. Feldmann; I fairy-necked tiger beetle (Cicindela birticollzr) by Matthew D. Schlesinger. iii New York Natural Fleritage Program ~ } ~ Table of Contents Table of Pigures ....................................................................................................................................v Table of Tables ....................................................................................................................................vi Executive summary ............................................................................................................................vii Tntroduction ...........................................1 Geography and gcololry ...............................................................................................................1 Clim atc ...............................................................................................................................................4 His[ory of human use ......................................................................................................................4 Documented and potential biodiversity ............................................................................................5 Namrat communities .......................................................................................................................5 Mapping methods and preliminary natural community map ................................................5 Significant natural communities ..............................................................................................13 Animals ......15 Terrestrial mammals ..........................................15 Marine mammals .......................................................................................................................17 Birds ............................................................................................................................................19 Reptiles and amphibians ...........................................................................................................25 Pis h ..............................................................................................................................................28 Invcrtebratcs ..............................................................................................................................3U Plants ...............................................................................................................................................34 history of plant collcction .......................................................................................................34 Plum island flora ..........................................................34 Rare, protected, and otherwise noteworthy plants ...............................................................35 Invasive plants ...........................................................................................................................37 Management and restoration ............................................................................................................3) Kcy inventory needs ..........................................................................................................................41 Conclusion ...........................................................................................................................................42 Acknowledgments ..............................................................................................................................42 Literature cited ..............................................43 Appendix A: Natural Heritage Suhnational (S) Conservation Status Ranks .............................48 Appendix B: Birds of Plum Island ...................................................................................................SU Appendix L: Conservation guides ...................................................................................................55 iv ~'f~ 9 New York Natural I Ieritage Program Table of Figures Figure 1. Plum Island with surrounding islands and points in mainland New York, Connecticut, and Rhode Island. Islands are within Ncw York State unless otherwise noted. Inset area of dctait within the Northeast United States .....................................................2 Figure 2. Plum Island, Ncw York, with major features and human infrastructure ..................................3 Figure 3. Natural and cultural communities of Plum Island, Ncw York ...................................................6 Figure 4. Natural communities of the panhandle of Plum Island, New York ..........................................7 Figure 5. Natural communities of the center of Plum Island, New York .................................................8 Figure 6. Natural communities of the southwestern portion of Plum Tsland, New York ......................9 Figure Z Significant natural communities of Plum Island, New York ....................................................13 Figure 8. Animal element occurrences on Plum Island, Ncw York .........................................................17 Figure 9. Counts of harbor seals using two methods from 2005 to 2012 at Plum Island, New York. Points indicate survey dates. Data courtesy of the Riverhead Foundation for Marine Research and Preservation. Increasing numbers annually arc evident Erom the photo counts, while seasonal variation is evident from the flight tallies ....................................18 Figure 10. Haxbox seals (Phoca viludina) hauled out on the south shore of Plum Island, New York in March 20l 1. Photograph courtesy of The Riverhead Foundation for Matine Research and Pxeservation ................................................................................................................18 Figure 11. Average monthly numbers of bird species detected on walking surveys, point- based surveys, and day lists by Audubon Ncw York from Apri12006 to January 2012. Bars represent minimum and maximum species numbers. '1'hc number in parentheses below each month is the number of surveys [hat have been conducted in that month, across years ....................................................................................................................20 Figure 12. Number of adults of Emc species of colonial waterbirds breeding on Plum Island Erom the 1970s (given as minima and maxima from 1974 through 1978, as per Buckley and Buckley X1980)) and 1)85 through 2010. When number of pairs was reported, we doubled that value to yield a conservative estimate of the number of adults 21 Figure 13. Number of adults of Herring and Great Black-backed CUull breeding on Plum Island from the 1970s (Buckley and Buckley 1980) and from 1985 through 2010 (NYSDEC). When number of pairs was reported, we doubled that value to yield a conservative estimate of the number of adults ..............................................................................22 Figure 14. Common [ems (Sterna hinrnda) ofE the shore of Plum Island, New York. Photograph by Annette DeCGiovine Oliveira and Sally Newbert ...............................................22 Figure 15. Numbers of active nests (top) and young produced (bottom) of Osprey on Plum Island and nearby Fishers Island, Gardincrs Island, and Orient on the North Fork of mainland Long Island. Data courtesy of NYSDEC and The Nature Conservancy .................24 Figure 16. Numbers of species of adult fishes and invertebrates detected in Mid Atlantic estuaries, 1985-2000. Three sample sites surrounding Plum Island, New York arc labeled. Data are from http://ccma.nos.noaa.gov/ecosystems/estvaries/elmr_metadata_feb2011.txt and Slone et al. (1994) ...............................................................................................................................29 Figure 17. Extant rare plant occurrences on Plum Island, New York. Carer memil fernaldii occurs island-wide and is thus no[ represented here. Cypera.r erythrorhi~or and Pnlygala craciata var. aguilonia axe not mapped, as their conservation status does not merit full tracking by NY Natural Heritage -...........................................................38 Figure 18. Historical rare plant occurrences on Plum Island, Ncw York ...............................................39 v New York Natural I Icritage Program Table of Tables Table 1. Natural community types mapped at Plum Island, their total acreage, and number of polygons ...............................................................................................................................................10 Table 2. Cultural community types mapped a[ Plum Island, their total acreage, and number of polygons ..........................................................................................................................................I1 Table 3. Marine mammals documented in the waters near Plum Island, New York. From Sadove and Cardinale (1')93) and Connor (1971) ..........................................................................19 'fable 4. Osprey monitoring results from Plum Island and nearby Fishers Island, Gardiners Island, and Orient (North Pork oELong Island). Nest and young numbers are averages from 1976-2010. Data courtesy of NYSDEC and The Nature Conservancy...........23 Table 5. Snakes and turtles with potential for occurring on Plum Island, New York, or in the nearby waters, based on their occurrence in the seven USGS topographic quads surrounding the island (NYSDEC 2009). Those aheady reported from Plum Island axe noted ...........................................................................................................................................26 'fable 6. Frogs and salamanders reported from the seven USGS topographic quads surrounding Plum Island, New Yoxk. Only the green frog has been reported from Plum Island .........................................................................................................................................28 Table Z Marine fish documented from Long Island Sound, Gardiners Bay, Peconic Bay, and the Connecticut River estuary in the 1980s and 1990s that are considered Species of Greatest Conservation Nced. S-ranks do not reflect the current state of knowledge for this group and are therefore not reported ................................................................................29 Table 8. Dragonflies and damselflies recorded from Plum Island, New York in 2005. CouxtesV of ML. Lamont ..................................................................................................................30 'fable 9. Rare dragonflies and damselflies with the potential [o occur on Plum Island, New Yc ~rk 30 Table 10. Butterflies recorded from Plum Island, Ncw York in 2005. Courtesy of ML. Lamont 32 Table 11. Moth species designated as rare by the New York Natural Heritage Program with ° the potential to occur on Plum Island, New York ........................................................................32 "fable 12. Existing rare plants recorded from Plum Island, New York ...................................................36 Table 13. Historical rare plants recorded from Plum Island, New York .................................................36 Table 14. Protected Exploitably Vulnerable plants recorded from Plum Island, New York ...............37 Table 15. KeV inventory needs Eor Plum Island ..........................................................................................41 New York Natural Heritage Program i . y , Executive summary In this report we document the historical and current known biodiversity, including natural communities and plant and animal species, of Plum island, New York. We also note potentially undiscovered rare species and the potential of the island to support additional species with management and restoration. We draw from published literature, museum specimens, recent surveys, and expert opinion to form a comprehensive ecological picture of the history of the islaz~d's biodiversiry and its current status. Plum island lies in a small archipelago of peninsulas and islands stretching from Long island's North cork [o Fishers Island and then to Connecticut and Rhode Island. The island is famously shaped like a park chop and encompasses 840 acres, approximately the size of New York City's Central Park, and is owned by the U.S. Department of I Iomeland Security within the Town of Southold, Suffolk County. Plum Island is surrounded by Eour bodies of water that influence its offshore and onshore environment and biodivcrsity: Long Island Sound to the west and north, Block Island Sound to the east, Plum Gut to the immediate southwest, and Gardiners Bay further southwest. The geology of Plum Island is a reffcction of its glacial history, which has resulted in varied topography, 17 soil types, and a diverse flora and fauna. The island has had a long and varied cultural history, including use by Native American and colonial farmers, 1800s xecreadonists, and as a military installation whose infrastructure largely remains. In 1952 a biological laboratory was built and this use continues today as the Plum Island Animal Disease Center, operated jointly by the US Departments of Agriculture and I Iomeland Security. Its use as a highly secure government facility prevents anyone besides the staff and selected visitors Erom using the island in any other manner or disturbing its plants or animals. A systematic survey of the plant communities on Plum Island has never been conducted. We present here a very detailed preliminary seamless natural community map for the island that should serve as the foundation for future ecological data collection. We documented 25 natural community types and 8 cultural community types on Plum Island, including four considered significant Erom a statewide perspective: maritime dunes, maritime beach, maritime bluff, and marine rocky intertidal. Transco and plot sampling are necessary next steps to revise and validate both the linework and the attributed classification. The animal biodiversity of the island is poorly known, with the exception of the birdlife. Compiling data from multiple sources, we report that 187 species have been observed on the island, including 57 New York State Species of Greatest Conservation Nccd (SGCN). Sixty-five species are considered breeders, with 13 of these being SGCN. Notable birds include the Osprey, whose nests now number in the single digits but for which at one time Plum Tsland hosted the largest nesting colony in New York. 'l'he substantial multispecies heron rookery and gull colony, which thrived into the 1990s, are now gone, presumably due to the accidental introduction of raccoons. Piping Plover, American Oystercatcher, Northern I Iarricr, and Common hider arc some of the at-risk species known to breed currently on the island. Scattered sightings constitute the known mammalian fauna of the island, which includes mice, voles, fox, muskrat, beaver, raccoon, and deer (which axe killed by island personnel). The beaver sighting is significant because it highlights [he potential importance of Plum Island as a stepping stone for the recolonization of and continued immigration to Long Tsland from Ncw England by other mammals, such as river otter, ftsher, and coyote. The island's herpc[ofauna is a big mystery, with three or four turtle species, garter snake, and green Erog conFirtned, and a great deal other rare species with potential, including mud turtle, tiger salamander, and the newly identiEed and rare species of leopard frog. Similarly, only a handful of surveys have been done Eor insects, with the vii Ncw York Natural I Ieritagc Program most notable finds being the seaside dxagonlet and beach-dwelling hairy-necked tiger beetle. 'T'here is great potential for additional rare dragonflies, damselflies, and moths on the island. The federally listed American burying beetle is extant on nearby Block island, the only extant location in [hc northeast not supported by management, and similar conditions may occur on Plum Island, although surveys have not been conducted there. Plum Island's marine environment is highly productive for animals, with greater numbers of marine fish in the surrounding waters than in most other sites in the mid-Atlantic. Multiple species of cetaceans have been seen in nearby waters, including the critically endangered northern right whale, and the rocks off of Plum Island's shore are home to the largest seal haul-out site in New York. The eelgrass meadows off of Plum Island have potential [o support foraging sea mrdes, but survey data arc lacking. Plum Island's flora is well documented compared to other tarn. Botanists have recently collected i91 species within 246 genera and 89 families and along with historical records there is a total of approximately 420 species. Genera with the largest number of species collected were Cyperrrr, Panicum, and Carex. Native species arc still a major component of the natural vegetation. Plum island, with 16 recorded rare plant species, has one of the highest concentrations of rare plants in New York Stale, similar to the situation on Fishers Island, a short distance to the northeast. Both islands are par[ of the "outer lands" of the Ronkonkoma moraine islands east of Long Island and contain a variety of habitats that support rare plants that only occur on the coastal plain of New York. Only two of the sixteen rare plants recorded from Plum Island occur inland of the coastal plain. Although there is a high number of rare species on Plum Island, the populations are small compared to other populations of these species. The one exception is spring ladies-tresses, a rare orchid with a large population on the island. Fourteen rare plants are extant, having been discovered since 1984. Six of these species have fewer than six populations in the state and arc listed as endangered. Five species have fewer than 21 populations in the state and arc listed as threatened. "Three species have more than 20 populations in the state and are listed as rare. Six rare plants axe considered historical since they have not been found in the previous 30 years. Three of the species (salt-marsh spikerush, mock bishop-weed, and Northern blazing star) were found in 1932, bushy rockrosc in 1915, Atlanric white cedar sometime before 1915, and Scotch lounge in 1895.'I'here is still habitat for flue of the species and they still may yet be found. The stumps of Atlantic white cedar trees can still be seen in the northwest comer of the deep emergent marsh, but no live trees remain and we consider this species extirpated from [he island. Several invasive plants arc present, some with large populations that may require management attention. Threats to Plum Tsland's native biodivcrsity include invasive species, the potential for residential development, climate change, and on- and offshore energy development such as wind and underwater turbines. Should the opportunity become available for ecological management and/ar restoration, a consortium of stakeholders could contribute to a vision of a desired future condition Eor the island, which will di~ec[ appropriate action. In this report we briefly outline some possibilities to enhance the biodiversity value of the island, including restoration of marsh hydrology, eradication of raccoons, targeted removal of invasives, restoration (or establishment) of maritime grassland throughout the panhandle, continued minimal impacts to maritime and coastal communities, and dark skies compliance. viii ,~~Sj~! Ncw York Natural Iieritagc Program Introduction Few publicly owned islands are as poorly known, misunderstood, and shrouded in mystery as Plum Island, New York, off the coast of the North Fork of Long Island (Figure 1). A former U.S. Army base, and operated as the Plum Island Animal Disease Ccn[cr since 1954, the island has an uncertain future, as plans to relocate the Center to Kansas have prompted the Department of Homeland Security to plan the sale of the island. At [he time of this writing, the Draft Environmental Impact Statement (DEIS) on the sale of the island has not been released, but a previous EIS (U.S. Department of Homeland Security 2008a) and other documents have not taken inventory of the full biodiversity value and potential of this island. Plum Island has been recognized previously for its potential importance to New York's and the nation's biodivexsity. For instance, the island is part of the "Orient Point-Plum Island" Impar[ant Bird Area (Burger and Liner 2005) and the adjacent waterway known as Plum Gut is a Coastal Significant Fish and Wildlife Habitat (New York State Division of Coastal Resources 2009). Given the uncertain future of [his island, we document Plum Island's known biodivexsity, inventory needs, and biotic potential with restoration in the following report. We draw from published literature, museum specimens, recent surveys, and expert opinion to form a comprehensive ecological picture of the history of the island's biodiversity and its current status. For taxa [hat are well known (e.g., vascular plants, birds) we provide information on the known species-tallies, notable species, and full lists for some taxa. For taxa that arc not well surveyed, we supplement existing knowledge with discussions of the potential of the island to host rare species that could be documented with additional inventory work ar that could be brought back with restoration. , Geography and geology Plum Island lies in a small archipelago of peninsulas and islands stretching from Long island's North Fark to Fishcxs Island and then to Connecticut and Rhode Island (Figure 1). The island is famously shaped like a pork chop and encompasses 840 acres, approximately the size of New York City's Central Park. Its total length is about 3 miles with the long narrow panhandle measuring about 300 feet wide. Land elevations vary from sea level to about 100 feet on a hill by the reservoir. The southern thud of the island is characterized by low hills and depressions and a series of low beach ridges alternating with freshwater wetlands (Figure 2). The middle of the island features a central plain (where Fort Terry was developed) that divides hills to the southeast, ranging from 40 to about 75 feet high, from [hc northwestern ridge of irregular hills that rise to 100 Eeet in height. The eastern third of the island is a continuation of the northwestern ridge but narrows to a low stretch of land that terminates in a group of hills that rise up to 85 feet. The shoreline is characterized by wide sandy beaches in the south and east where the topography is low to a narrow shore of large boulders on the rest of the island at the base of low, to as much as 50 feet high, steep bluffs and cliffs where the topography is higher. Plum Island is owned bV the U.S. Department of Homeland Security and lies within the Town of Southold, Suffolk County. Plum Island is surrounded by four bodies of water that influence its offshore and onshore environment and biodiversity: Long Island Sound to the west and north, Block Island Sound to [he east, Plum Gut to the immediate southwest, and Gardiners Bay further southwest. Around most of the island is a narrow shelf, a little wider to the cast, with depths to about 20 feet. Beyond [he shelf, depths are from 100 to 200 feet. The strait between the island and Orient Point, called Plum Gut, is narrow and deep with depths up to 188 feet and fast conning tides but no natural hazards. The strait between the island and Great Gull Island [o the northeast is wider and shallower with depths from 3 feet around shoals to 25 feet toward the center. The ecology of other islands in the region, including 1 New York Natural Heritage Program Great and Little Gull islands, Gardincrs Island, Fishers Island, Shelter Island, and Block Island (Rhode Island) are useful fox comparison, although the biodivexsity of many of these areas are similarly poorly known. Runde Blond Connecticut Connecticut River ~ frock Island IRI) Fishers IsWnd Plum Island Block Island Sound Grert Gull Island long Isknd Sound Orient Poln[, V Gardiners ~._diners Island ~y (_~\II~J°() Montauk Shelter Island f 1 North Fork ~ South Fork Inngl I nd peconic Bay lung Island Mlan[k Ocean Mew York T a s m m x n hc,.w. Figure 1. Plum Island with surrounding islands and points in mainland New York, Connecticut, and Rhode Island. Islands are within New York S[atc unless otherwise noted. Inset area of detail within the Northeast United States. 2 New York Natural Heritage Program II' B ~ ~ Fert Lem Nnen..) 't, ~ R'.nr Teser 6`~ )R' ` Y h p 4 RLnrTmmut y l -1 Vg I * a..7 . Fes01m 6;~ RU1. L'RIilM f ~ YM ~ ' s.+~1 o fr` HNljort ' rveu~+ - w ' N.1~L.Mrxem la. ! 1 ' HuitlYP \ . ~ va ~ ~ Ill r.*~ A) Fert Tem lvalnl ~ N . r d o ~ 9l u N ~ - y . ~-r ..~.I. . ro~ c of h r' . et+dm~e, >p. r M . Gros ~ ' - - - ~ - # ~ ~ _ ~ R' ¢ no~ - ~ .e.' o S o+e ~ nn I..N~SnnIS I yt- u:. N ~I.P P•ode.dbN \em t'mk Vaval Ha:uga Pmpam I!! ~ ~ If! Figure 2. Plum Island, New York, with major features and human inftastrucmxe. The geology of Plum island is a reflection of its glacial history, summarized here from Crandell (1962). During the Wisconsin ice age of [he Pleistocene epoch the forward movement and backward melting of the continental glaciers were instrumental in forming the island. Morainal ou[wash and [ill were laid down over existing La[c Cretaceous deposits of sIlt, sand and gravel that had been eroded into a hilly terrain over Precambrian bedrock. As the Wisconsin ice sheet advanced it pushed forward over the Plum Tsland area and Long Island carrying sand, gravel, and rocks from New York and New F,ngland over which it had passed. After it had reached its most southern extent it began to melt back around 21,750 years ago. During this retreat the forward motion of the ice at times equaled the rate of melting and the glacier paused and deposited two large moraines and outwash plains on Long Island. The southern moraine was the southern edge of the ice sheet and is called the Ronkonkoma Terminal Moraine. As the ice sheet retreated again it paused and created a second moraine called the I Tarbox I Till Moraine that runs along the northern half of Long Island forming the North Fork, most of Plum island and the islands to the northeast. The glacier first deposited thick layers of sand and gravel [o form the island. Some of these layers were removed by ul outwash channel a[ the southwestern end of the island where the laboratory is located, so this area is no[ as high and hilly as the rest of the island. A subsequent advance of the glacier deposited a layer of sill, sand, gravel, and boulders (glacial till) in depths of 5 to 40 or more feet thick, fom~ing [he hills of the northern two thirds of the island. This is where most of the present forests and shrublands grow. A meltwater channel eroded the till in the central 3 a New York Natural I Ieritage Program part of the island to form anortheastward-trending level topography where Fort Terry is located. After the final glacial deposits had been laid down, erosion from ocean waves carried the Finer sand and gravels to the southern end of the island where they formed a series of low beach ridges, allowing freshwater swales and marshes to form in between. This is where the wetland vegetation of the island can be found and where deposition has formed the wider beaches with no boulders. Elsewhere, the erosion of the upper layers of glacial till resulted in large boulders rolling down the slopes to the beach (along with some of the forPs gun emplacementsO to Eorm the rocky beaches and rocky intertidal shore. Along the eastern shore are several exposures of gray to gray-brown sandy to solid clay that may have been deposited by [he glaciers or forced upward from pre-glacial deposits. The varied topography, along with different types of glacial till and outwash that have been eroded into new features, have resulted in 17 soIl types listed for the island by [he Natural Resources Conservation Service (U.S. Department of Agriculture Natural Resources Conservation Service 1995): Atsion, Berryland, Bridgehampton, Carver, Deerfield, Flaven, Montauk, Montauk Variant, Plymouth, Raynham, Riverhead, Scio, Sudbury, Wallington, Walpole, Wareham, and Whitman. Descriptions of the soil types can be found at hops://soilseries sc egov usda pov/osdnamequerv aTn. This large diversity of soils and features in such a small area has resulted in the diverse flora and fauna found there today. Cl%mate Plum Island has a maritime temperate climate and is greatly influenced by the surrounding ocean. The heat-absorbing ocean waters moderate [he temperatures that are typical in central Long Island and the mainland to the west This moderation of temperatures tends to delay the growing season in the spring and prolong it in the fall. The average high in midsummer on Long Island is in the low 80s and the average low in midwinter is in the low 20s (See h[tp://lonyisland aboutcom/od/neighborhoods/a/I ong-Island-Ny-Climate htm). Average monthly precipitation averages Erom 3 to 5 inches in central Long Island with the lowest amount in July and the highest in March. Annual precipitation is about 45 inches. Plum Island is subject to a variety of storms. Spring and summer thunderstorms are a common occurrence and strong nor'castexs can bring storm surges and high winds in the fall and winter. The NOAA websi[e for historical hurricane tracks (See http://www.csc.noaa.gov/hurricanes) shows about 8 hurricanes and tropical storms passing within 50 miles of the island since records began. An unnamed storm tracked right between Plum Island and Orient Point in 1944, and the most recent major storm to come close to the island consisted of the remnants of hurricane Gordon in 2000. Even though hurricanes can be strong, the fall and winter nor'easters also have the high winds and waves that can influence the shoreline ropography and vegetation (http://cn.wikipedia org/wiki/Noreaster). History of human use Plum Island has had a long and varied cultural history, which has had a dramatic impact on the animals and vegetation of such a small island. Prior to the arrival of European settlers, Native Americans probably used the island for fishing and hunting (R.A. Bramson, personal communication). The Pequot Indians grew corn there in the 1630s as a backup crop in case cornfields in Connecticut were burned by the English. In 1659 the island was sold by the Montauk Indians to Samuel Wyllys and for the next 238 years the island was used for farming and the grazing of sheep and cattle. By the mid-1700s there were three families living there and up [0 40 or 50 people inhabited the island at times. In 1826 the US government bought three acres of land on the southern shore for a lighthouse that was constructed in 1827. In the late 1800s it was a popular place for Esh camps of wealthy people and rustic buildings were built where they would stay. Others 4 New York Natural Ileritage Program might stay with [he resident farmers or the lighthouse keeper. Luminaries such as Grover Cleveland visited during these times. Most of the farmers sold their land by the end of [he 1800s to Abraham S. Hewitt, former mayor of New London, Connecticut, who owned the entire island by 1890 (U.S. Department of Homeland Security 2010). IIis development plans for a summer resort never materialized and in 189$ the govemmen[ bought the eastern half of the island to construct fort Terry as a coastal defense for the Spanish American wax. They purchased the remainder of the island in 1901. The fort was active fox [hc next 20 years and roads, buildings, and gun installations were built, mainly along the eastern shore. There was even a small railroad to carry equipment and ammunition between installations. In 1918 the fort changed to caretaker status and there was very little activity on the island Eor the next 23 years. Beginning in 1941 the island was used as a base for World War II and activity increased again Eor the next ftve years. 1n 194( the Eoxt was decommissioned and there was little or no activity until 1952, when the US Army Chemical Corps began renovating Foxt Terry's Building 257 for use as a biological lab to study fool-and-mouth disease. The use as a biological lab continues to this day. The buildings of the old Par[ Terry have been vacated and new facilities have been constructed on the southwestern end of the island with a staff of about 300 people (U.S. Department of Homeland Security 2010). This has left much of the island in asemi-natural state except fox the large mowed field and lawns of the Fott Terry parade ground and headquarters (see below), ferry dock facilities and buildings, sewer plant and pools, and various hazardous material disposal sites. A network of narrow, paved and unpaved roads connect these historical and modem facilities. Its use as a highly secure government facility prevents anyone besides the staff and selected visitors from using the island in any other manner or disturbing its plants or animals. Documented and potential biodiversity Natural communities Mapping methods and preliminary natural community map A systematic survey of the plant communities on Plum Island has never been conducted. A land cover map derived from the 2001 National Land Cover Database (Homer c[ al. 2004) is included in the Department of I Iomeland Security's (2008a) Final Environmental Impact Statement for the NBAP (Figure 3.2.2.1.1-1); but because the NLCD's classification is based on "unsupervised" (computer) in[crpretatio? of satellite data, it is extremely coarse and imprecise. The DHS report also includes New York State's Regulatory Freshwater Wetlands maps (Figure 3.8.2.1.2- 1 -New York State Department of Environmental Conservation 2011) which have had only limited ground verification. The unpublished work of Eric Lamont and Richard Stalter ,who compiled a list of plant communities and associated species while searching for rare plants on Plum Island (E. Lamont personal communication), is certainly the most exhausrive on-the-ground assessment of plant communities to date and is, in small part, incorporated into the narrative below. We present here a very detailed preliminary seamless natural community map for the island (figure 3) that should serve as the foundation for future ecological data collection. Detail views of the panhandle (Figure 4), center (Figure 5), and south/western (Figure 6) parts of the island are also included. Ttansect and plot sampling axe necessary next steps to revise and validate both the linework and [hc attributed classification. Polygons were digitized in ESRI's AxcMap 10.0 using 2007 digital color infrared aerial orthoimagery with 6-inch resolution (New York State 2008). Additional base layers that informed 5 New York Natural Heritage Program ehe mapping included tl~e I'SDA's Soil 5urve3t Geographic Database (SSLJRGO2) for Suffolk (;ounty, New York (U.S. Department of Agriculture Natural Resources Conser~~ation SenTice 1995) and USUS 7.5-minute topographic quadrangle maps (U.S. Geological Survey 1994)• We also referred to images from Icing Maps (www.bing.com/ma ~s) and Google Earth (h tt~x / /www.};oo~;le.com/earth/indcx.hrml). Ecofog¢<1 co:mtut.r drSn<.n N < ' tx•<d m..ncerpr«con of orc.n;avq<r; f" rL:s;i;c.em follan~ Ed;nq« evil ?JJ:. \<<o prod..c <d it ~\<•..~}-at\<nz<l .<-:,s~' .;+,rt Herieage Progrun, F:3 ?C 1. ~ e ~ ~ _.r ,~~r' r 1 , -x- ~ ? ? 7 ~ a=a-- f ~ ?"??~?i4P40 $'rc, a. ? 0??7 i 7 j ~r'r~ •'7 7 '"1 • s o ? D? n?? q f f~ , < n, ~ vt~t. ' r t ? yx r.!arme celgmee meabo-:: Succeaflonel oltl fieltl , ~ ~ d ~Ab, J l h!Bnne ret:ky melntla~ ~ SaLCea90na101a fiel0lM arNme Qraaakno ~!'arme ~IeNeel grs+e.rse~: ceecr ~ Successortalmedtlme forpt _ , J ~ - Ceep eme19Mt meran ®SUGGaal Dnalman6 m! kreanna enllTG ah Nb4na f ~ ~,n' ~ R"5 }1-,' r 5heuo+•em argent merar ©Sbccesaianalmanbma firaaVlCegenus h`~"r ~ ;..f _(I ShruC svrem0 Sm!Iex~lrC NaalNa~ ••-y ~ L~.1_"alauT6 ReahvAler mteraunal erAW Lela 6tNa _-.~+5:-,,~~"!.=~.,A,y ®s+gnbuan b4sebsrry bog thlrket smllan ~"i'4t. I,~j Retl maple-bbcYpum aNemp GonltNCtla elrbatl mamknea Ce apbd6 M1l eri!me bead! Eroann control vepetauan -:Zvi ~h1aM!meblufl !.fermergsre0%ar!!Arial an ore ~ C-y::{sl enlmse ounea ..c;.eb:eveJflAOneo maasoe \ __~Ideraime cunealRAsname heat^~.aw -~a:'n!unoaveNmovwo ms6flpfthwyaGParklnq ereaa ~l E _ Ls errtime anrublana - ae:eb xab ~_BS Srllhne ehrubland;lSU ~as~on a~n,as!:me ro•esf ®?u~a: atruqum extergr 5 ~ Salt ahNWflA errtime ehNb!enc Se:.a ya t!eNme rt[ Dono C._~ C.? - SUCGeaelPnal ahrU0lanD I I I \tues i~igurc 3. Natural and cultural communities of Plum lsland, Ncw York. ~i ~Ie~v York Natural Heritage Program olagi•il comro.teur delinertiors ue nu scd on:ucroresaooo of orc~nmape~; r[ ss:5nc«: ioIIn.~s Edrrryer a1 '70?. 7 ~ ~ .p proau.a e- ~,~il ~Y, utugc Pro~ar:; Fcb:01: • ~.~Y`~ :7 ~ +sc ,i~~" ~ `TY• - . , ;i_i:^__s - }s ~:~anne eegm]s me ace:. _cccesroartal pltl fleet i 'a~r n! racRy imertlaei Su;tt]]Dnal pltl fillNfll creme gmsllena -!'a.,_e mtertiaN graveLrsann ream ~SuceESmanalmar6me fircet _ v M: lmeyeRl meren ~ $RCCee]'a Ra I m draime larcYJltl arrtima 9f1 Nbla ntl ;Shadow ern ergem meren ~ Succeeeianelmereime brcsNrCegeWs 'I~.~_`. ShruC evramD Smtle~i?//CNastru]' ~Id ereime eeshHetermromunel svxka Celeetms ® High bu]h bWlblRy bog NIChl1 Smlkx> . ni ReE meplE-eleCkgum ]Hemp Con](rudm nlroeA memtenand apbe] lA ereimE beady Erasron control vegNNion td enllme bluff tl a'me rp replertiAael sh ors ~ ~ IA erelme au nea n:.ltl Ievn/iupHeO raadsde I•r erttime tlune]lA.tentlme neeln ~a n-_ - Pa. ep NnpaveAimbved matls/patnue)alN erhng areas ' _ E R ~1.`' , ~ Id erltim t abrublerta - Da: rJ aleb I•e' 1•f arllhlll 9hryblERaf!$a 2!]il~'~31 ~,r~n'~I!e~=k'~3' ®PJ'N 9.TLC111R Q1r1lrmf Salt 80fuWfll BnttlRe ]a Nblantl `_l:.E 4! IRaImE RL ppnb C. t 0.. 0.4 I I I _ ~ $uCCeaelbnel abNOlenp \liar l~i~urr 4. Natural communities of the panhandle of Plnm Island, New York. ticw York Natural IIerita~e Program 7 I i I ~~I I.I enne eeigmaa mraCC $uGCeaNCnel old M1rld Fy elaSir ai ossn ec del:neaeons ue M arme rocky mleditlsl $uttesaiorta 1 old fie1d;R.1 aranne greaalen o rased on roar?creation ai nettaimaQer; elus;viraem ioIIem Edin recd DU:. _ Llannr mteTdal gravell9and beecr ~ Succeseonelmerlame breal ~ ]Sao orod~ced b^ the \R 1"oca: \atacd _ DerP rmrryent marsh ? P $uccese+onelmarltime brnUM1f eriGmr oh mCle nd He~i Pmgiaan, Feb 201' ~ Srall n'~emergenl merM ©$uGCeseronelmerlame breeVlf eleetT6 Sh.ue 9v;amp $miux?u4 eleahua' j, n_`q Llareene tre9nswter Meneunal evA leg Cele elms ~~HgHbueh 6Weberry 04q thi~et $mdea'> Ned maDlr-0IeCkq um 9vamp Cen1VDGtCnll4ed malal4nen C4 A'Iplll ~ I.ler9ene besU €ro9mn control vegetation -Y~ ww~ w ~ w~ hl arAme blutF 1.lemenD nl DleRiaoal more s'a..~-~E ~ r-''„~hl arametlunes IdovAdlevN/hlovetl Ted eiCa r.~ - Id erpmeOU neaMdennme neaMync - Pevedlunp esedfmowed mada/peNxsy}I/P enlnq ereaa urp, n7~' ~ _ I.I ereMlf 9hrubland - Pe'rrC YeL• ;~''~y' ~ 7 n 7 ? - ~ F_) _ Merdim4 9hmblentlli$u CCe9914n a1 mentime brc9t ®Furc~ 9huGtUR extermr J ~ 777?)~ '1 ~ ®Sa119nT4/r7d erilene ]nnlblen0 f'~ Se~+a qe treatment DDntl ~ ~ ~ P ? ? ` ~i Suceewonel 9hrublend ~S ~ .,,pP P 7 , 1707 o r, ~ ¢.J > ' . 4 74x9° APP 4 aye? rp77 7 a'v _ .9P7 7oPPpv7 a,7°_ 7~P 4 4 0 7 7 ~ i0+777 p p7oP0oP q~, ^r? 7 f+~~; ~ 7?'77' o7VaTP ~o~00a 'Pa7a7'777 'r,> Pr?, T r' r 7 7P'+77707V 4 P4P9PP 70 7 _ _ 799PP 4''1?? ' ^ 9 P 7° ? ? P ? 7 7 94 7 7 74749 0 PP 0 0 07. ~~?7q 4i°P 4 P4p97 P7 P7 4 P7?7D q°V 7 ~ " 7 4 P 7 7 p P 4 4 9 P 7 P 7 7 P 7 7 o p p, 47 77PO4op779497P 77707°° j. ~ pPpP7 qPV 9 74?97 4PO P 7 4797 7007 4 7Pp7o7 79 ~ ~ _ 7 77PPP o 07 7 ° 7P7PP 0 oP 7 P 7477P 7 ~74 7 P 70P747 of r. ! 7 ?4?°j7P°V 7 7979Pp °e 9 44?PPP P9 9 P s. _ - 7777i79007oP 7074P?997977°' 9 a? 7770 p p P P i 7 P 4n9 ~ 7 07 4 7 77pPs°')°.,o? 7 ~.7f~Poa1 'i 7 „~+j7 47?7?'v ~J~ _ 0 0 7 477 9' ? , - 7 ~ 4 7 ? G -r? 994 9 777P4 77?944.' 7 ; gP~ 7~ ° ~ 7 ' P ~7~ti~ ~7 7 7909 7P7 n R'F ~t4*~~'.i:' rr ' ' 04oP777 7? ,',77 ~~ppe'Q P7 7 0 4 4 77 7 , 7 p 7.777707 { ~7 s-7 _9,Pa 707 P?47P p7777: 1 _ 1 } ~ _°770777 la 1o7pPV94979P4 e°77]07,?~ , 7 T P°747 qP7 7l9 7'r r. 747 PO Pi ? 7P .7. - I I '~i-• 7 P 970777 74 7 7 P7797 3! 0 0 G, ~7n0 ' 77 ? 7 77 ]Si.s I~i~ure Natural cclmt~~unitics ~~f the cc7lrcr of Plum Tsland, Nc«r Yorl:. Ncw furl: Nahu•al IIerita~;c T'ru~ram Fiologicil co:<,m:,:,;r de~nexha, xre ' i F'~''r'"-~: ~0. n % ryd ~9 P P !aced on rnt:iaettihoa of a[Groaxie ~ ~ ~ ~ ? ~ ~ % ~ ~ ~ J P ? 7 P P clx n;L;cxtan tolloa-•Edmyec til. t,:'. _ f P??%%%7 ?f?`,~ s 7PP~7P, P7 l:aa codve.db-tiu \e~a-l'eck\mril i.: ~ r7i-?' 7+x`1' g'T77p -i.rxa •Pco ~Fab201. _ S~r77~?, Y~'p~n~ ,may 74!%~. av aoP tr34>> ,.'v.; - ,q-P.,r~~'~~ 'oil ~ ~ ~ ~ 4~ 1- i.'PP~ 74 ?A~,?:' 7P,a~?~g9P 7 ¢7~7`?.~ P 7, P P n ~ 7 7P~V 4,~~~.. P % .?^,7~7~ ~"9 1 ).J77?? aPP ~ ?t~71 y ? a,~ - ~ xs~o°~~ ~~7~~tiP 7~ P ~ 7% ~PVa~ t ' J 1_= a; - A. v-. ~~j ~ p r ~P / 7~7 Iti r{Merine eelgtasa meeCOr~ Succeaaonel ¢la Trola 1 ~ .,;,,,r;: ~ ®h!arlne rocayinterttlel ®$uccesf~onet¢Itl helo(tld snlene greealen¢ y"t y - 1.!erma intertipel grevelteanc beet% ~ S¢CCaayonel maritime t¢rnl _ ~ y ~ t 7 - CeeC Emergent mersn ©Su[[es>t¢nel maribma toreaV~tA er4me an ru Db rt¢ ~Y ~ ~ ' ~Snadovremergent msmn ®Succesa¢nelmermme tcrescSelestr~a SDrub ar:emo SmileY~!fCelealrue' ~Marametreahve ter e!INaURel are ba Ceu atNs High DUan DweDerry pog lhigcN SmlmtC _ ©qCJ ma01e-Dleckqum svemp ConavuggnMOao ma,menanm ao ci~a - Markm+eDeed, Er¢m¢n c¢ntrol vegetabon _ - ~.Y, MerR lmaDlutt li arme npmluer•IAOel snore IAerRlme DU nes I.I OV.etl latw+/ll~toxetl rostl aloe _ to eri,me DU neafAA arrome heelnbnb - Pevetl rung a~Ctlhn¢Netl me¢LpeNVeyL'1Verkinq arses ~ L1r/,7 F IAeM kne shruplan¢ - qe: ea ele¢ ~-a•~/171~~" Manure shrublendf•5u session e1 mentene brill ®qural ~NC}a re axtenor Salt ShrUGR.!erllpne ihNDlentl '$e\'ege lRiplllnt ppnp 0 O.l 3° -~T1 $¢CCgti¢nelahryblen¢ I I I ]Iex Figure 6. Natural communities of the southwestern portion of Plum Island, New York. Because of the fine-scale resolution (6 inches) of the aerial images that were available for on- screen digitizing, polygons outlining community boundaries were mapped at a minimum scale of 1:900, with the intention of serving future land managers. For example, fairly substantial patches of what appears to be the highly ilvasivc vine Oriental bittersweet (Celastrt~.c orhiculatur) were delineated to help target remediation and restoration work. Not having recent stereo-pairs of photography was our biggest limitation; while Bing Maps' bird's eye vietu provided some perspective, we had a difficult time distinguishing between tall shrubland and low maritime forest. We attributed each polygon with the Following data: primary and secondary communir<~ codes and community names (only primary names arc presented in Figure 3 through Figure C,), aresi in acres, comments, and species composition, if known- For the most part, natural community nomencla[ure follows the NYNHP's existing community classification (Edinger ct al. 2002), but when vegetation types or anthropogcnic structures didn't tit existing types, placeholder names and codes were created (e.g., "Smilax?" (greenbriar) or "Subterranean structures"). Roads, pathways, and parking areas were merged, as were mc7wed lawns and mowed roadsides. In some cases, LZU() primary community names were chosen for a polygon; this usually indicates a mosaic of the two types (for example, in the southwest tip of the island, maritime dunes and maritime heathland occur in a tight mosaic that is impractical to tease apart). Occasionally, it indicates a bit of uncertainty about the. composition of the polygon, as when the label "Smilu-~~?//C,i~la.rtnr.r?" (greenbriar/bittersweet) or cJ New 1'<Irk Natural lTerira~c Prclgrarn "Successional old Field//Maritime grassland" is applied. Rarely, a number of types occur in a particularly tight mosaic (as with maritime dunes, maritime heathland, maritime shrubland, and salt shrub at Pine Point); this example might be better classified at the Ecological System level, but in this case, we included the two shrubland types as secondary community names. Plum island's vegetation has been heavily impacted by human use since the mid-1600s, when areas were cleared for agriculture, through [hc early 20`h century, when the military built a network of bunkers and other infrastructure to support Fort Terry, to the present day network of roads and facilities surrounding the USDA/DI IS's Animal Disease Center. We mapped 25 `natural' communities and community complexes ("fable 1) and 8 `cultural' types (Table 2) on the island (see Edinger et al. 2002 for details on community classification). The site is fragtnen[ed by over 12 miles of paved and unpaved roads and paths, numerous mowed fields, and infrastructure which, in part, explains the high number of polygons for some types. Table 1. Natural community types mapped at Plum Island, their total acreage, and number of polygons. Natural community name Acres Number of polygons Maritime shrubland 124.4 35 Successional maritime forest 118.9 30 Successional maritime forest//Maritime shrubland 66.0 3 Highbush blueberry bog thicket 43.6 1 Maritime beach 38.3 3 Maritime dunes 355 9 Marine rocky intertidal 34.0 9 Maritime dunes//Maritime heathland 30.8 4 Deep emergent marsh 30.3 2 Cela.rtru.r 27.4 33 Successional maritime forest//Celartnu 15.8 9 Maritime bluff 14.8 12 Smilax?/lCelartrru? 13.9 7 Successional old field//Maritime grassland 13.3 4 Maritime shrubland//Successional maritime forest 12.4 2 Marine eclgrass meadow 25 1 Shallow emergent marsh 7.5 2 Successional shrubland 7.5 11 Marine intertidal gravel/sand beach 6.8 7 S'malax? 6.5 9 Salt shrub//Maritime shrubland 6.3 1 Red maple-blackgum swamp 6.1 1 Successional old Field 4.G 11 Maritime freshwater interdunal swales 1.8 2 Shrub swamp O,g 2 10 New York Natural Heritage Program 'fable 2. Cultural community types mapped at Plum Island, [heir total acreage, and number of polygons. Cultural community name Acres Number of polygons Mowed lawn//mowed roadside 93.1 72 Paved/unpaved/mowed roads/pathways//Parking areas 44.5 1 Construction/road maintenance spoils 14.5 1 G Rural structure exterior 11.7 60 Sewage treatment pond 5.0 6 Marine ripxap/artificial shore 1.0 3 Paved slab 0.4 4 Erosion control ve~e[ation 0.1 1 Conservation Guides that summarize the statewide characteristics of most of the mapped natural communities axe available at http://guides.nvnhp.oxg~ and included in a separate document as Appendix C. Because detailed, local (Plum island) vegetation descriptions will be based solely on best professional judgment and remote assessment until a significant amount of fieldwork has been undertaken, the floristic information in [hc Guides should be viewed as generalized and not specific to sites on the island. Detailed species-specific information in the following narrative was gathered by E. Lamont during his floristic surveys. A broad description of the island's vegetation is included in the DHS's (2008a) FEIS and is cscerptedwith additions in brackets] below: "Natural vegetation on the island is influenced by maritime processes [hat include high winds, salt spray, overwash, and dune formation and shifting. The island contains characteristic maritime communities that include beach, dune, and maritime shrub/forest. Additional communities include an extensive complex of freshwater herbaceous/shrub wetland communities on the southwestern portion of the island, and coastal hardwood forests on elevated moraine deposits that arc protected from ocean salt spray and overwash. The [north] side of the island on Long Tsland Sound [and the southern panhandle on Block island Sound] is actively eroding, resulting in vertical bluffs that are adjoined by unvege[ated beaches consisting of sand and glacial till (gravel, cobble, and boulder). Consequently, the island lacks tidal marshes... that are characteristic of barrier islands and other moraine islands in Long Island Sound." We found that maritime shrubland and successional maritime forest ("maritime shrub/forest") cover over 330 acres of the island (nearly 40% of the landscape). As a rule, maritime shrubland seems to be more common on the exposed, narrow eastern panhandle, while taller maritime forests dominate in the center of the island and just north and east of the large wetland complex in the southwest More mature maritime (or coastal) forests axe said to occur in high spots on the rolling terrain surrounding the water tower, in the northwest corn ex (west of the Animal Disease Center's main laboratory building) of the island, and adjacent [o the deep emergent marsh north of Pine Point (E. Lamont, personal communication). More survey work is needed [o document their composition and extent. As mentioned above, maritime shrublands on and near the exposed edges of the island are wind- and salt-pruned and occasionally perch atop the steeply eroding maritime bluffs that tumble down ro the rocky and sandy beaches below. In some areas, [hey are dominated by bayberry (Mynca penrylvauica) and beach plum (Prurur maritima) (E. Lamont, personal communication). In the 11 New York Natural Heritage Program southwest corner of the island, at Pine Point, maritime shrublands are contained within the large (63-acre) maritime dune complex and also surround a series of what appear to be small (1.8 acres) maritime freshwater in[erdunal swales. In that area, groundsel tree (Baccharir halimifolia) is associated with the bayberry (E. Lamont, personal communication) Both inland and near the island's perimeter, expanses of taller shrublands and maritime forests are punctuated by the sweeping lawns and building complexes associated with the Animal Disease Centex. Successional old fields and what may be maritime grasslands occur in formerly cleared areas dominated bV (non-lawn-Eomting) graminoids and forbs; these spaces, which arc likely to provide habitat for grassland birds and other species, probably experience continued disturbance or mowing that prevents incursion by shrubs, woody vines, and tree species. We mapped over 90 acres of freshwater wetlands, or palustrine communities, on the island. Tn addition to the small maritime freshwater interdunal swales mentioned above, there are two small shallow emergent marshes and two small patches of shrub swamp. At least one of the shallow emergent marshes (located just south of the Animal Disease Center's main lab building) is dominated by cattail (Typha spp.) with some swamp loosestrife (Decodon verticillatur) (E. Lamont, personal communication). IEthe loosestrife is dominant, the site will be re-classified as a shrub swamp. The shrub swamp east of the lighthouse is dominated by bu[tonbush (Cephalanthur occidentalu) (1?. Lamont, personal communication); both the shallow emergent marsh and shrub swamp arc common community types but do provide unique habitat for turtles, amphibians, and marsh birds on Plum Tsland. The most obvious freshwater feature on the island is the large (74-acre) ponded wetland complex north of the dune system at Pine Point There has been some discussion about [he origin, ?atural ar anthropogenic, of this uniquely striated marsh system. Because there is evidence of an old causeway ("Love Lane," currently visible as a narrow path) on one of the wider striations, it has been assumed that the wetland's structure is primarily human caused (T.amont and Salter 2011). However, Crandell (1962), in his treatment of the geology and groundwater of the island, noted that "low beach ridges that seldom reach more than 10 feet in altitude alternate with marshy depressions in the southwestem part of the island..." He goes on to say that "The older of these ridges...havc almost east-west trends, but successively younger ridges approach north-south trends." This description perfectly matches the series of ridges seen in (ahgned cast-west) and just south of (running nearly north south) the large wetland, and we suspect its origin to be as a natural, ancient dune-swalc complex. Crandell does not mention the causeway, but does refer to some anthropogenic hydrological alterations on the site, saying, "...an artificial channel has been dredged to drain the swampy area in the southwestern part of the island and [o control mosquito breeding. A sea gate is used to control the flow in this channel, and it has recently (1959) been kept dosed to retain ponded rainwater." We did no[ see any evidence of this sea gate or artificial channel on the aerial imagery that we reviewed. We classified the ponded northern half of the wetland as deep emergent marsh -abroad type that can be dominated by a variety of emergent and floating aquatic species. Ancient Atlantic white cedar (Chamaecyparir thyoider) stumps have been noted in this area of [he marsh; they axe presumed to be remnants of an old Coastal Plain Atlantic white cedar swamp, but no seedlings or trees are extant (E. Lamont, personal communication). The southern portion of the wetland that contains the series of possible old dune ridges, has been dassiFied as highbush blueberry bog thicket, based on a brief species list from E. Lamont; it contains swamp azalea (Bhododendron vircorum), highbush blueberry (Iraccinium cnrymborum), fetter-bush (I~ucot{ioe racemora), and spoon-leaved sundew (Drorera internredia) with sedges, rushes, grasses, and forbs. This species-rich area is an important target for Future surveys and adds fascinating diversity to the island's flora. 12 ~~'<•-,L Ncw York Natural Heritage Program Our map extends into the waters surrounding Plum Island to capture marine intertidal and subtidal communities, The intertidal zone consists of a narrow strip of marine intertidal gravel/sand beach, essentially a continuation of the exposed (terrestrial) maritime beach community into the water. The community is exposed at low tide and submerged at high tide and is an important foraging area for shorebirds. Along some stretches of shoreline, the intertidal beach is replaced btiT a marine rocky intertidal community that is characterized by large rocks and boulders that arc alternately submerged and exposed and are colonized by marine algae. Part of this rocl.~ coast is notable at Plum Island as a seal haul-out site. Finally, a small (9.5-acre) patch of marine eelgrass meadow that was digitized by "finer et al. (2007) is included on our map- Underwater surveys should be conducted to search for more eelgrass and to Choroughly assess the rocky intertidal community. Significant natural communities Four silmiftcant natural community occurrences have been documented at Plum Island (Figure 7). We have some quantitative field data associated with only one of the four -Maritime dunes -and the others were identified through aerial imagery interpretation during the course of our vegetation mapping. Ec dogs il ecm¢.uur delierea oom ue iv.ed or, ctaem.n¢an of «eho„snye r; L an ie6onn Edmegs •e et .OC.. r9 ae , y ~,y cLss •raa si.?gnd~redtrcrse Vem YakXurtl we:,4g.Progaa~fe62i1~ y.- a ~•.yfr~~, y _ H+-' s' u >j a le Plum _ ~ , i. Vd- ~ r I'1~1f .SN1M ~5 vl~ PLUM Ifi AN o of 9laAfIF iFN"fl;it y "~y IVr Hetlnoft ~ i $:7 Ar fE ~ ' ..:a 7" Y 5" ^ iQ a4 i_ ham. ±~'`~at~ R E S T , fl ~I p e ~ ' „ ~,C d °°a. a0 ~ _ r a~ 1.r~~., l NO rl B ko~~_ ~ L,~---~-ff_L_y-. ~ Plumisla ~'~~~/f 1~~~71 ~~t7 _ Ltti~tnou 33 -~~r' Plum Csut~'; , ~~innle~ HarAor ~ '9 35 rC T - 1~larine Rocky Irnerttdal Idantime Bluffs ,ra ~a p~ er Manlime Beach A,ne Po~r•~• ;s, - Maritime Dunes R-)= ..rJ rye _ 7' S - o._a es rr I I I ups Figure 7. Significant natural communities of Plum Island, New York. Maritime dunes. "1"he maritime dune system at Pine Point is about <~3 acres, making; it average to small for New York. It is mapped as 6 polygons ranging in size from U. l acre to about 37 acres; 13 New Yr,rk Natural Heritage Program because the polygons are separated by narrow, unvegetated sand paths, they arc essentially continuous. In recent (2007) aerial imagery, the dune system appeared [o be a tight mosaic of a few community types: maritime dunes, maritime heathlands, maritime shmbland, and possibly salt shrub (see community conservation guides in Appendix C). In 1989, Che date of our Field data, the surveyed areas of the dunes were strongly dominated by American beachgrass (Ammophila brerrtligula[a), which is characteristic fox active maritime dunes in New Yotk. Other documented herbs were Canadian horseweed (Cony~a canadenrir), seaside goldenrod (.Snlidago remperrnrenr), grass-leaved goldenrod (F.uthamia caroliniana), beach pinweed (Lechea maritima var. maritima), switchgrass (Panicum virgatum), coxdgxass (Spartina pectinata ox S.pa[en.r?), and fragrant cudweed (P.reudognaphalium obtucifollum). Patches of shrubs were primarily composed of sassafras (Satrafrar albidum), winged sumac (Rhur copallinum), and bayberry. '1'hc community was essentially free of invasive exotic species, despite their presence in disturbed areas along the old roads. Tn 2012, r. Lamont (unpublished data) noted American beachgrass, sand-heather (lludronia tomentora), beach pinweed, poison ivy (Toxicodendron radicanr), winged sumac, beach plum, groundsel tree, and red cedar (]uniperur virginiana). Additional survey work should document the composition of the communities within the dune system, investigate the narrow maritime freshwater in[erdunal swales that lie [o the west of the dunes, and survey the polygon that is labeled `Salt shmb//Maritime shrubland' on the map. That area is mapped as a wetland on the NYS Regulatory Wetland maps but does not appear wet in recent photos. R could be shrubby, brackish Swale containing a salt shrub community. Maritime Beach. The maritime beach on Plum Island is, on average, about 10-15 m wide and extends around the majority of the perimeter of the island in a nearly continuous band. I[ continues for over 11.5 km and covers about 45 acres, making it average-sized fox New Yoxk. This occurrence has not been surveyed in the field, but its signature is clear on aerial photographs. It consists of a combination of rocky and sandy beach, in seemingly equal proportions, but with more rocl.-y beach on [hc northern shore. Driftwood and wrack are visible; again, more frequently on the northern shore. Where the beach abuts steep maritime bluffs, boulders can be seen on the beach at the base of the eroding surface. At least three rare species have been documented on the beach, including seabeach knotwced (Polyganumglaucum), Piping Plover (Charadnur meladur), and the Hairy-necked Tiger Beetle (Cicindela hirticallir). Adjacent natural communities include marine rocky intertidal, maritime bluff, maritime dunes, and maritime shrubland. Maritime blu(j. The maritime bluff community was calculated to be 44 acres (a very large occurrence Eox New York), which is "actual acres," and takes slope into consideration. This acreage may overestimate its size, as the mapped area is likely to contain the tapered edges of the bluffs. These edges would probably be shorter than 10 feet tall, which is the minimum height requirement for the community. This occurrence has not been surveyed in the Field, but its signature is clear on atrial photographs from 2007. Tt consists of a series of steeply sloping (estimated to be about 70 degrees on average), sparsely vegetated, actively slumping bluffs that range in height from 10 to 50 or 60 feet and arc composed of unconsolidated glacial till and outwash. The occurrence is mapped as 12 flneax patches that range in length from about 60 m to just over 1 km. Adjacent natural communities include sandy and rocky maritime beach, windblown blufftop maritime shrubland, and successional maritime forest. Marine rocky intertidal This occurrence consists of 34 acres of marine rocky intertidal (large for Ncw Yoxk) mapped in nine patches that range in size from about 0.5 acre [0 10.5 acres. 1'he community has not been surveyed in the field, but its signature is clear on CIR aerial photographs as a series of bright red patches of marine macroalgae that occur on [he tidally washed rocky shores surrounding Plum Island, extending out to the lowest tide level. Mapped patches range in width from about 5 to 50 meters. Adjacent natural communities include maritime beach and marine deepwater communities, and there is at leas[ one nearby patch of marine eelgxass meadow. 14 Ncw York Natural Heritage Program Animals "The island has no wildlife, and no animal leaves Plum island alive." -Wall Street Journal, January 8, 2002 (Dugan 2002) Because Plum Island has not had a comprehensive biodiversity inventory, and published information on many tarn was not readily available, we compiled information from a variety of sources including published articles in peer-reviewed journals, gray literature, and personal communications. Fox tarn that had not been inventoried on the island, we compiled information on surrounding islands and mainland Long Island to inform a list of the potential species (or simply potential at-risk species, depending upon the [axon) of Plum Tsland. Conservation guides for all NYNYP-[racked rare animals recorded from Plum Island axe available at h[m://guides.n~ihn.org[ and included in a separate document as Appendix C. Terrestrial mammals Very little survey effort has been expended for terrestrial mammals on Plum Island. Connor (1971) noted the white-Eooted mouse (Peromynezrn leucopur) and meadow vole (Microtur pennrylvanicur) as the only native rodents collected from Plum Island. The invasive Norway rat (Rattu.r norveguur) was also reported. A trapping survey of small mammals for disease-carrying insects in the late 1970s (White and White 1981) found only the white-footed mouse and meadow vole in 500 trap-nights. The researchers incidentally noted house cats and bats (species unknown) on the island. However, it is well known that many native mammals have been removed from the island by USDA and DHS personnel, concerned about the potential for the spread of disease. Primarily these have included white-tailed deer (Odocoileun virginianur), which swim there from the mainland, and raccoon (Pmryon lotor), which apparently colonized the island in about 1995, facilitated by the transport of construction debris (K. Preusser, USDA, personal communication). Biologists from USDA also noted the presence of muskrat (Ondatra ~ibethicur), fox (species unknown), and, in approximately 2003, beaver (Cantor canaden.ri.r) (L. Humbexg, IC. Preusser, and M. Lowney, USDA, personal communication). The detection of beaver sign is significant because beaver have rarely been documented otherwise on Long Island since the colonial period (Connor 1971). A beaver arrived in the Bronx in 2007 to great fanfare after a substantial restoration effort; some speculated that the beaver could have come across Long Island Sound (O'Connor 2007). Further, beaver are now known from T3ast Hampton, New York, to the south of Plum Island U. Janssen, personal communication). Thus, Plum Island has potential to be an important stepping stone fox beaver, and possibly other animals, to recolonize Long Island. The river otter (I~rntra canadenrir) was periodically considered extirpated from Long Island despite scattered sightings (De Kay 1842, Connor 1971), but there now appears to be a small population. Connor (1971) proposed that otters sighted on [he east end of Long Island in the 1950s may have swum across the Long Island Sound from Connecticut. The route Erom Connecticut with the shortest open-water crossing (7.25 km, close to the maximum reported Eor the species Blundell et al. 2002]) would take in the archipelago of Ncw York islands including Fisher's island, Great Gull Island, and Plum island. Finally, both coyote (Canis latrann) and fisher (Marten pennanta) have been reported from Fishers Tsland (I,. Klahre, personal communication), and thus may be next [o recolonize mainland Long Island, potentially with Plum Island as a stepping stone. Bats have become one of the greatest conservation concerns in the northeast U.S., with white-nose syndrome having devastated many cave-dwelling bat species (Blehext et al. 2009) and fatalities a[ wind turbines causing concern especially Eor migratory tree bats (Cryan and Brown 2007, 15 New York Natural I Ieritage Program Cryan and Barclay 2009). No surveys of bats have been conducted on Plum Island, ye[ there is potential for the island to be an important stopover and roosting location. While little information is avaIlable on bat use of islands in this region, bats are known to migrate along the coast and over the ocean and to stopover on islands (Cryan and Brown 2007, Boyden 2012, Hooton and Costello 2012). Further, the island's many abandoned military bunkers have [hc potential [o provide habitat for roosting big brown bats (I;ptericur furcur) and perhaps other species as well, as has been documented in other locations (e.g., Baranauskas 2001, Masinga et al. 2009). The U.S. Fish and WIldlife Service is assessing the potential of a captive management program as part of an overall strategy to combat WNS, in which bunkers and other human-made structures would be treated against the fungus and house captive bats year round (Traylor-Holzer et al. 2010). Plum Island harbors potential habitat For New England cottontail (Sylvilagur transitionalir), a candidate fox Eederal listing that historically occurred on Long Island but that has not been documented there since the 1930s (Connor 1971). Currently, no rabbits, no[ even the prolific eastern cottontail (Sylvilagur floidanur), are known from Plum Island despite suitable cover and infrared surveys by USDA (K. Preusser, personal communication). Besides pitch pine oak barrens and high salt marsh, which are not known Erom Plum island, coastal habitat for New England cottontails also includes coastal shrublands that might be similar [o the sal[ shrub and maritime shrubland communities occurring on Plum Island. Tnland, they have been found in successional old fields, successional shrubland, and they may use highbush blueberry bogs, shrub swamp, and Smilax and Celartrur thickets (htm:/://w.newenglandcotton[ail.org[), which are all vegetative types occurring on Plum Island. Pending further investigation into whether the vegetative communities on Plum Island are sufficient to support cottontails and sustainable in their presence, Plum Island could be a particularly effective (re)introduction site because of the absence of [hc competing eastern cottontail and isolation from [he mainland increasing potential Eor the control of deer and invasives. 16 J~4•-,L- Ncw York Natural Heritage Program r~ sn ~ ~;~C, ~'`~`'a~~ zr 1 Stoner~`~I~~s°%~ far, " y7 ~~~~,,~~-e~~~I ~~__-._-1~~~~_ i Plum ,SdSteele' i e' ~ " °y^~~, (/,¢',~.4" ~ ,9p5 0 PLUM ISL ~ J / D7919ARt' CE 4? .k /r~ ~ ~ He!ivor/ ~c:t;ne! ~ ipi f..~~K~ Wntarh,~,, _ • -<1~~~~ ,r ~ ra py'" ~r K` REST r 4 iri az '~Cc~r .a ~ E " 2 ~R NS n ~ ~ ~ ~ J ~ 19 !'lum!sla~,,' LiAhthou. ~ ~ L aC~ ~ Piping Plover •.nidd,,, Fjorhor., ,,;r 28 ~ a- ~ - R ~ _n... 'Hairy-necked Tiger Beetle IGicmdela h!n!collis) ;'f '0 I Norlhem Hamer (circus cyaneus) 1`, 's ~ Piping Plover IGharadrius melodus) `t ~ .t sx.~`= Pt -Seal Haul-out Site p'"" POi°` ,P Snowy Egret (Egrettathula) i i i ~fvaa . ao pmd,ced b. Cne \e~- lo.k ~anrai He.euye ?~oQ~en: ~ - ~ r? =eb i0]' {~igure 8. f~nimal element occurrences on Plum Island, New York. Marine mammals Plum Island is known as the home of the lamest winter seal haul-out site in New York State and among the largest ui southern New 1~ngland (I7iGiovanni jr. et al. 2011)(Figure S). Pinniped sun=eys by the Riverhead Foundation for Marine Resarch and Preservation are conducted during a two-hour window on each side of low tide, while aerial surveys arc flown in a Fixed high-wing aircraft at an altitude of 600 feet. During the first half of the last decade, the mean number of seals observed around Plum Island was 100 animals. Over (00 harbor seals (Pboca vitulina) have been detected on the rocks off the south side of the island via regular flyovers by the Riverhead Foundation for Marine Preservation and Research (Figure 9; Figure 10). Notably, the recorded number of harbor seals has increased dramatically in their surveys over the last 7 years (Figure 9). I listorical data arc sparse, although Connor (1971) highlighted a 1933 report of 50 seals and ongouig "fairly Large nttmbers" of seals using the island. Nttmbers of seals observed need to be considered in terms of the regional popttlation, which is considered to be southern New Tngland and eastern Long Island, NY. 1lnimals may move among hattl-out sites in a metapopulation-type dynamic without overall numbers changing at a regional scale. I-Towcver, at the Fisher's Island haul-out site, just 10 miles east of Plum Island, observations went from 68 harbor seals in ?005 to X423 in 20l 1 (DiGiovanni Jr. et al. 2011). These data indicate that the poptilation of harbor seals on Plum Island and the surrounding haul-out. sites is increasing. 17 ~lcw York Natural IIcritagc Program 700 - i 600 500 ~ -~-Total estimated during flight fACtual counts from photos 400 i i 300 zoo too ! 0 1 - -T r - o°~' 005 005 005 000 000 ~0 000 00^ oo^ oo^ o°^ 0°0 0°~ cP~ o°~ o°~' o°a o°~ cPa o''o ono ono ono o''~ 3~~~ry 0~~~~ e~x~ry,,ti~~~~ ~\~~ti e~~\~ ~\ti~ti ry\ti~ti ~\~~ti o\, ~ti 0\~~ti ry\~~ti 3~~\~ 6\ti~ti a~~\~ti~~\~ 0~ti~ry a~1\~ti~~~~ ^~~~~ry 0~~\~ e~~\~titi~~\~ ~~~\ry Figure 9. Counts of harbor seals using two methods from 2005 to 2012 at Plum Island, New York. Points indicate survey dates. Data courtesy of the Riverhead Foundation fox Marine Research and Preservation. Increasing numbers annually arc evident from the photo counts, while seasonal variation is evident from the flight tallies. As late as 1971, ?o reports of gray seals (Halichoerusgrypur) were known from Long Island (Connor 1971). They have xecentiy increased dramatically in the region and axe now common on nearby Little Gull Island (DiGiovanni ]r. et al. 2009). They have been seen in the water near the seal haul-out site on Plum Island in summer, and 5 were seen during the 2011 Christmas Bird Count (R. Digiovanni Jr., ML. Lamont, and M. Schlesinger, unpublished data). Mixed groups of gray and harbor seals have also been observed (R. DiGiovanni Jx., unpubhshed data). ~~e Figure 10. Harbor seals (Phoca vituliua) hauled out on the south shore of Plum Island, New York in March 2011. Photograph courtesy of The Riverhead Foundation for Marine Research and Preservation. 18 ~~'4-~1._ New York Natural I Ieritage Program Sadove and Cardinale (1993) compiled decades of survey results, opportunistic sightings, and strandings to document the distributions of marine mammals in [he New York area. Several of these species were documented in the Peconic Bay (southwest of Plum Island between the two "forks" of Long Island; Figure 1), Long island Sound, and Block island Sound, surrounding Plum Tsland (Table 3). Of note are recent sightings of the Endangered nor[hem right whale (Eubalaenaglacialzr) at the mouth of Long Island Sound and near Fishers Island in 2008 and 2010 (Khan et al. 2010). Over 100 common dolphins (Del~binur dephi.r) were sighted off the northside oEPlum Island and in Plum Gut in ]anuary 2006 (ML. Lamont, unpublished). Table 3. Marine mammals documented in the waters near Plum Island, New York. From Sadove and Cardinale (1993), Connor (1971), and R. DiGiovanni Jr, unpublished data. Common name Scientific name S-rank* Location Northern right whale Subalaenaglaczalir SNA$ LI Sound, Plum Gut Humpback whale Megaptera novaeangliae SNA$ Montauk Beluga DephinapCerur leucar SNA LT Sound Bottlenose dolphin Turriopr truncatur S3 LI Sound, Plum Gut Common dolphin Delphinur delphir S4 Plum Island, Gardinex's Bay, Robins Island, Great Peconic Bay, Shelter Island, Gardincx's Island, Orient Harbor porpoise Phocoena phocoena S4$ LI Sound, Plum Gut, Peconic Bay Haxbox seal Phaca vitukna S3 Ilaul-outs on Plum, Gulls, Gardiner's, Montauk, Fisher's, Shelter *Defini[ions of Natural Heritage S-ranks are in Appendix A. Species of Greatest Conservation Need Birds Information on the bird fauna of the island came primarlly from regular surveys by Audubon New York. Additional information came Erom Christmas Bird counts, avian literature, and anecdotal observations from experts. We have documented 187 species of birds using Phan Island across seasons and years, including 57 New York State Species of Greatest Conservation Need (SGCN; New York State Department of Rnvironmental Conservation 2005; Appendix B). Scientific names for all birds mentioned in the text are in Appendix B. The 2000-2005 Breeding Bird Atlas (McGowan and Corwin 2008) documented 55 species in the two atlas blocks intersecting Plum Island. Block 73560, which covered the eastern portion of the island, had 50 species, with 45 confirmed or probable breeders. Block 7256D, which covered the western portion of [he island and Orient Point on mainland Long Island, had 39 species, with 35 of [hem conFirmed or probable breeders. Both blocks had lower than average species totals for the Coastal Lowlands ecozone (McGowan and Corwin 2008), but also considerably less land area available for surveying. Regular surveys of Plum Island's birds have been conducted by Audubon New York since spring 2006. In [he following summaries we include surveys through ]anuary 2012, although three new species that were added since are included in the grand total and the species list in Appendix B. The island had been surveyed 37 times as of January 2012: 9 in spring 11 in summer, 11 i fall, and 6 in winter. Surveyors have detected 173 species over the six years through a combination of point surveys, walking surveys, and incidental sightings (Appendix B). Numbers of species detected reached peaks in May (maximum recorded count of 76 species) and September (65 species), with richness in the breeding season averaging around 50 species and wintering richness varying between 19 Ncw York Natural Heritage Program 30 and 40 species (Figure 11). The most common species (detected on >90% of weeks) were ones typical of northcastem coastal habitats: American Robin, American Crow, Black-capped Chickadee, Carolina Wren, European Starling, I Terring Gull, Northern Mockingbird, Blue Jay, Red-tailed I Iawk, Great Black-backed Gull, Song Sparrow, Northern Cardinal, and Canada Goose. 80 ~ Sixty-five species have been documented as "confirmed" or 70 "probable" current-day breeders 60 (following guidelines in McGowan and N- 50 Corwin 2008), although four of the gulls 0 40 and [ems included in that total were ~ 30 likely breeding on nearby islands. The breeding bird fauna has included 13 New ~ 20 York State SGCN (Appendix B). Rare z 10 and notable species axe discussed below. 0 Colonial materfiirds and evaders. Plum Island's once substantial ~ ~ v ~ ~ v ~ ~ ~ v ~ populations of breeding herons and m d m C~ b0 O. ~ > u v ~ Q ~ ~ ¢ ~ p Z o egrets have disappeared in the past few decades. Plum Island was first Month documented as a major heron rookery and seabird breeding colony in the 1970s Figure 11. Average monthly numbers of bird species (Buckley and Buckley 1980), when up [o detected on walking surveys, point-based surveys, and 26 pairs of Great Egret, 135 pairs of day lists by Audubon New Yotk from April 2006 to Snowy Egret, 45 pairs of Black-crowned January 2012. Bars represent minimum and maximum Night-heron, 10 pairs of Glossy ibis, two species numbers. The number in parentheses below parrs of Little Blue Heron, and one pair each month is the number of surveys that have been of Tricolored Heron were recorded conducted in that month, across years. (Figure l2). (Note that Allen [1892] reported that anight-heron [species not given, but presumably black-cxowned~ colony was destroyed by the island's landowners in the 1880s to stop outside hunters from shooting at osprey that frequented [he colony.) In the late 1970s Plum Island contained the largest colony of many of these species outside of the substantial heron rookeries of Nassau County (Buckley and Buckley 1980). Snowy Egret had the largest breeding population of any species, in the scrub-shrub wetlands near the southern tip of the island; it has not been documented breeding since 1995 (New York Natural I Ieritage Program 2011) or even present nn the island in the last six years (Appendix B). Glossy Ibis were also once numerous but declined substantially; at last count, this species has bred in only 29 locations in New York, with only eight of those sites active in 2007 (New York Natural I Ieritage Program 2012). They were documented as probable breeders on Plum Island in 2007 and 2009. Great Egret and Black-crowned Night Heron populations similarly have crashed in recent years, with only the Double crested Cormorant increasing in breeding population (Figure 12). Tricolored and L itde Blue Heron, each with just a handful of known breeding locations in New York, have bred on Plum Island off and on, although neither has been documemed since 2001. 20 New York Natural Heritage Program 300 - Snowv Egret 25U :`-Great Egret I. --~-Glossv lb is 200 ~Black~aowned Night Heron Oou ble~[rested Cormorant v I m 0 150 a a E ~ i Z x ~ i 1W ~ ~ ~ ~ i i ~ i 50-. ~ i~--__ ~7 0 ffi- a:. _ 1974-1978 L985 1990 1995 2000 2005 2010 nin(rnax Year Figure 12. Number of adults of five species of colonial watcrbirds breeding on Plum Island from the 1970s (given as minima and maxima from 1974 through 1978, as per Buckley and Buckley [1980]) and 1985 through 2010. When number of pairs was reported, we doubled that value [o yield a conservative estimate of [he number of adults. The decline and eventual disappearance of the multispecies heronry on Plum Island can be convincingly traced [o the introduction of raccoons in the mid-1990s. Raccoons axe notorious nest predators and their introduction to islands they previously unoccupied has proven highly detrimental to the fomlerly insulated prey on those islands (Roemer ct al. 2009). P. Spitzer (unpublished) documented a breeding Least Bittern in the large emergent marsh in the 1970s. The Least Bittem is listed as Threatened by New York State. This species has not been reported since. Phtm Island used to be home to a substantial gull colony as well. In the 1970s Buckley and Buckley (1980) counted up to 1000 pairs of Herring Gull and 75 pairs of Great Black-backed Gull (Figure 13). While both species have been documented during the breeding season (Appendix B), the Long island Colonial Waterbird Survey has not documented any breeding gulls in recent years (higure 13). Although some species had declined since recorded maxima in the 1970s and 1980s, the sharpest declines, often to zero, happened after the apparent 1995 arrival of raccoons, which are rnmmon predators of colonial waterbirds (e.g., Ellis ct al. 2007). 21 New York Natural Heritage Program Although the s Roseate Tern, federally ~ tHerring Gull and state listed as Endangered, and $ o ~GreatBlack-backed Gull Common Tern (Figure 14), state listed as s Threatened, do not A a appear to breed on the `v 3 island, the island's shores E provide foraging and z' z resting habitat for these species, which are easily i seen in the summer o - , months. Plum Gu[, the i9~a t9n t9ao 1983 1966 1969 t99z 1995 1998 zoot zooa zoos zoto deep channel between near Plum Island and Orient Figure 13. Number of adults of Herring and Great Black backed Gull Point [o [he west, is breeding on Plum Island from the 1970s (Buckley and Buckley 1980) known as a nutrient-rich and from 1985 through 2010 (NYSDEC). When number of pairs was and important foraging reported, we doubled that value to yield a conservative estimate of the area for both terns number of adults. (Burger and Liner 2005). At least one historical reference makes note of a former tern colony on the island (Bayles 1963). The Piping Plover, federally listed as threatened, has attempted to breed on the east-facing portion of the southern shore of Plum Island several times in the last decade. It apparently has never been common on the island; through 2011, only one or two nesting pairs have been documented in any given breeding season and nesting has only occasionally been successful (IVI. Gibbons, personal communication). Still, the presence of this species, like that of the hairy-necked tiger beetle (below), indicates a reasonably intact beach with little human disturbance. " ` IF/ate awl and shorebirds. In addition to hosting breeding populations of Canada Goose, American Black Duck, and Mallard, rm--.~„r~ f a a Plum Island apparently has breeding Common Eider, which if confirmed would constitute only the second breeding record for New York State, after nearby Fisher's Island (McGowan and Corwin 2008). The island and its surrounding waters also provide habitat for many species of wintering waterfowl (Appendix B). American Oystercatcher, a New York State SGCN, has been reported breeding on Plum Island somewhat erratically, with Figure 14. Common terns (Sterna hirundo) off the numbers of pairs reported ranging from 0 to 5 shore of Plum Island, New York. Photograph by since 1985. Annette DcGiovine Oliveira and Sally Newbert. Raptors. Plum Island once contained one of the largest colonies, if not the largest colony, of breeding Osprey on the eastern seaboard. Allen (1892) reported nests numbering in the hundreds as of 1879, but extensive clearing in the late 1800s dramatically reduced the number of nests (Allen 1892, Latham 1959, Spitzer and Poole 1980), with most Osprey moving to nearby 22 Z~y New York Natural Ileritagc Program Gardiners Island. The population at Gardiners Island subscqucndy declined from over 300 nests in 1940 to 38 nests in 1970, resulting from increasing use of DDT and other pesticides over that rime period (Spitzer and Poole 1980). The NYSDEC began regular monitoring of Osprey nests on Long Island in 1976 and have continued with varying coverage for 35 years ('Fable 4; Figure 15). On Plum Tsland, as on C',ardiners, numbers of active nests and young produced rose in the 1980s before declining again in [he mid-1990s (Figure 15), despite an overall increasing trend statewide (McGowan and Corwin 2008). A decline in important prey fish, namely menhaden and winter flounder, is suspected (P. Spitzer, personal communication; C. Safina, personal communication) T'he Osprey is currendy listed as a state species of Special Concern, and Plum Island continues to provide reliable nesting habitat for [his charismatic bird. Bald Eagles, state listed as Threatened, have been sighted on the island on several occasions and in several seasons (White and White 1981, ML Lamont, unpublished). Table 4. Osprey monitoring results from Plum Island and nearby Fishers Island, Gardiners Island, and Orient (North Fork of Long Island). Nest and young numbers are averages from 1976-2010. Data courtesy of NYSDEC and The Nature Conservancy. Fishers Gardiners Orient Plum Number of active nests 6.17 41.29 18.72 10.39 Percent of active nests successful 68.0"/0 54.3% 64.2°/0 59.7% Number of years of nest data 29 34 29 33 Number of years with productivity data 28 32 28 29 Number of young per active nest 1.25 0.85 1.21 1.10 Plum Island has had nesting Northern Hazrier, state listed as Threatened, as recently as 2004 (New York Natural Heritage Program 2011), in grassy openings in the southern and north-central portions of the island. They have not since been documented nesting to our knowledge, although they are regulazly seen in small numbers in most months of the year. USDA biologists detected Barn Owls near the "parade grounds"-the area of grassland near For[ Terry in about the center of the island (K. Preusser, USDA, personal communication). Bam Owls axe known to breed in only 141ocarions statewide (McGowan and Corwin 2008, New York Natural Heritage Program 2011), which makes this finding significant. No Barn Owls (or any owls, for [hat matter) have been documented in Audubon New York's surveys, owing to the lack of access for nocturnal surveys. Abandoned buildings and bunkers may provide good nesting habitat for Baxn Owls, although it is possible that the species has disappeared from the island, mirroring the statewide decline (McGowan and Corwin 2008). Adding nesting platforms in the bunkers may improve habitat fox Bam Owl, Eastern Phoebe, and possibly Black Vulture, which are increasing in the state. Northern Saw-whet Owls were also reported by USDA biologists. j, ~ 23 -,Y~ New York Natural Heritage Program 80 , 70 Fishers 60 al y-Gardiners -f- Orient a 50 ~ Plum c a .u 40 o `w i a X30-' z ~ ~,tr y.. `3 n''r'~°~ ~ t / 20 i ~ t j T` A t to ' ~¢a '~1 ~ 1976 1975 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 90 80 - 70 Fishers .a t Gardiners 60 Orient $ t Plum ~ 50 _ 0 `0 40 P 1 1 1 /t z 30 - 1 R i 1/ 1 ~8 t i/ t r / it i 20 .tg / j.. ~ ` ~ tl ..E ® ~ 11 . ~ i 1 1 to i o ! . , , , , _-_-T T _ ~ -.-~T~,---~- . 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 Vear Figure 15. Numbers of active nests (top) and Voung produced (bottom) of Osprey on Plum Island and nearby Fishers Island, Gardiners Island, and Orient on the North Fork of mainland Long Island. Data courtesy of NYSDF,C and The Nature Conservancy. 24 New York Natural I Ieritage Program Passenne.r. The island contains an active nesting colony of Bank Swallow, a species nn the decline in New York (McGowan and Corwin 2008). As many as 287 individuals have been counted in the summer. In addition, Trce Swallows visit the island in huge numbers in late summer, with 5,735 individuals estimated on one Sep [ember survey. The significance of Plum island's position within the Atlantic Flyway and its potential value a stopover after an ocean crossing fox passerines need further exploration. Wincrgy (now Deepwatex Wind) conducted radar surveys in spring and fall of 2008 but the raw data remain unanalyzed. Audubon New York has documented thousands of passerines on the island in spring and Eall (for example, 69 Yellow Warblers on a single survey in May, 13C Yellow-tamped Warblers and 153 White-throated Sparrows on single surveys in October, 193 Dark-eyed Juncos and 700 American Robins on single surveys in November), an indicator of the island's value to migrating songbirds. Nineteen species of warblers have been documented to date. However, additional survey effort is needed, especially surveys timed with storm fronts, to describe adequately the abundance and richness of migrants using the island. Reptiles and amphibians Very little herpetological survey has been conducted on Plum Island, so here we document the known fauna and the potential based on records from the surrounding islands and mainland. Scientific names are given in the tables. Repliler. Several species of turtles and one snake constitute the known reptilian fauna of the island. White and White (1981) reported "a few garter snakes and numerous box and spotted turtles," in 1995 a NYSDEC biologist reported painted and snapping mxdes from the sewage treatment pond (NYSDEC 2009), and the same species were reported in the 2000s (ML. Lamont, J. Sepcnoski, unpublished). A 2010 survey (T. Green, unpublished) found signs of painted and box turtles. In 2011 a garter snake was reported. The 2008 final environmental impact statement for upgrades to the facility (U.S. Department of Homeland Security 2008a) noted that diamondback terrapins were "common" on the island, but we have found no other documentation of this. The island has potential for many additional species of reptiles. The NYSDEC amphibian and reptile atlas database (NYSDEC 2009) records species by a grid of 7.5-minute topographic quadrangle ("quad") maps. The eight topographic quads surrounding Plum Island (Uardiner's Island East, Gardiner's Island West, Grecnport, Montauk Point, Mystic [Connecticut], New London [Connecticut], Orient, and Plum Tsland)-a radius of approximately 15 [0 25 km-include Great and Little Gull islands, Shelter island, Gardiner's Island, Fisher's Island, and mainland locations including Orient Point and Montauk. A query of these quads yielded nine recorded species of snakes, nine species of terrestrial and freshwater turtles, and five species of sea turtles (Table 5), which must inform the potential fauna of Plum Island. The occurrence of several of these species would be significant The eastern mud turtle, for example, is the rarest turtle in New Yoxk, known from only a handful of locations on Long Island , including nearby Robins Island (New York Natural Heritage Program 2011). Habitat for mud mrdes includes freshwater and brackish wetlands, the latter of which are used particularly on Long Island (Gibbs et al. 2007). It is unknown if the wetlands on Plum Tsland are suitable Eor these turtles, and the species' ability to disperse to Plum Island from Long Tsland following Plum island's isolation is unknown (see below under Amphibians). Spotted mrdc is another SGCN that could occur in the freshwater wetlands on the island. Wood made, another SGCN, is less likely given its typical stream habitat (Gibbs et al. 2007). Eastern hognose snake, another SGCN and state species of Special Concern, which occurs on sandy soils on Long Island (Gibbs et al. 2007), is a possibility; however, its chief prey, toads (Gibbs et al. 2007), have not been documented on the island to date. 25 Ncw York Namral Heritage Program Table 5. Snakes and turtles with potential for occurring on Plum Island, New Yoxk, or in the nearby waters, based on their occurrence in the seven USGS topographic quads surrounding the island (NYSDEC 2009). Those already reported from Plum Island are noted. Common name Scientific name S-rank Reported from Plum Island Shaker Common gartersuake Thamuophir sirtadir SS Y Eastern hognose snake Heterodon platirhinns S3$ Eastem tnilksnake Lampropeltir t. triaugulum SS Eastem ribbonsnake Thamsophis s. sauritus S4$ Northern black racer CoAuhere. constrictor S4$ Northern brownsnake Storeria d dekayi S5 Northern ringneck snake Diadafibir punctatu.r edavardsii SS Narthern watersnake Nerndia s. sipedon SS Smooth gxeensnake Llochlorophis vernalir S4~ Turtles Common musk turtle Sternotherus odnratus SS Common snapping turtle Chelydra s. serpentine SS Y Eastern box turtle Terrapene c. carnlina S3$ Y Eastern mud turtle Kino.rternan s. suhruhnrm Sly Eastern painted turtle Chrysemys p. pitta SS Y Northern diamondback terrapin Malaclemys t. terrapin 53$ Y Red-eared slider Trachemys .ccripta eleganr SNA Spotted turtle Clemmysguttata S3~ Y Wood turtle G~temys inscufpta S3$ Atlantic hawksbill Eiretmochedys i. imfiricate SNA$ Adandc ridley Lepidochelys kempii S1N~ Green turtle Cheloniamydar S1N~ Leatherback Dermochelyr rorlacea S1N $ Loggerhead Caretta caretta S1N$ $Species of Greatest Conservation Need Five species of sea turtles, all federally listed, have potential to be found in the waters surrounding Plum Island (Table 5) (Morrcale et al. 1992, NYSDEC 2009), but no information is available indicating their use of waters immediately adjacent [o Plum Island. One of the only studies on sea turtle movements in the area (Morrealc and Standora 1993) documented turtles around Orient Point but not Plum Island, although it is unclear whether the researchers had access to the island. Sea turtles frequent eelgrass meadows (also known as "scagxass beds"), where they forage primarily on crabs (Burke e[ al. 1993). A Field assessment is needed to deternune whether the eelgrass meadow in Plum Gu[ Harbor (Figure 3; Figure 6) could provide the prey density and low human disturbance (Hazel et al. 2007) that would constitute suitable habitat for sea turtles. I[ is worth noting that with a warming climate we can expect greater numbers of sea turtles moving northward (Hawkes et al. 2009) into Tong Island's waters. Amp{iihians. In 1964 the naturalist Roy Latham reported the green frog as "common" (NYSDEC 2009); that sighting constitutes the only amphibian documented on the island to date. Nearby islands and the mainland support or have supported 10 species of frogs and eight species of 26 New York Natural I Icritage Program salamanders ("Fable 6). Some species, if detected on Plum island, would be especially noteworthy, but it is unknown if Plum Island's wetlands and ponds arc suitable for these species. Leopard frogs have apparently disappeared from Long island, and Long Island's leopards are now believed to have belonged [o a newly described (and as yet unnamed) species [hat appears to be of significant conservation concern (Newman et al. 2012). A leopard frog was collected on Gardiners Island and noted as "common" by Roy Latham in 1922 (NYSDEC 2009). Northern cricket frogs have likewise been extirpated from Long Island for unknown reasons. They were known historically from the town of Southold (New York Natural Heritage Program 2011). The eastern spadefoot is a cryptic toad of sandy substrates that is known from a handful of localities nn Long Island, including nearby Southampton, East Hampton, and Shelter Island (NYSDEC 2009). Finally, the eastern tiger salamander, which is state-listed as Endangered, occurs in coastal plain ponds. It was documented as close as Shelter island by Roy Latham in 1944 (NYSDEC 2009). R has declined from destruction of breeding habitat and forest fragmentation. The glacial history of the region might offer clues as [o whether some of these Long Tsland amphibian and reptile rarities might occur on Plum Island. 1t is useful to remind ourselves that herpc[ofauna were extirpated from glaciated regions during the Pleistocene, and thus the modern herpetofauna consists solely of what has established or recolonized in the last 10-12,000 years. Plum Island itself was not isolated from the mainland until approximately 6,000 ybp and many of the more southern species like tiger salamander and eastern spadefoot toad had not yet arrived in the region (C. Raithel, personal communication). Still, animals do disperse across unsuitable terrain, with and without the help of humans, so the presence of these rarities cannot be ruled out. The low diversity of documented amphibians could also be a result of salinity in the freshwater marsh resulting from overwash during storms. The degree to which ovcrwash affects freshwater salinity is undoubtedly site- and storm-specific. Many amphibians are known to be sensitive to increased salinity but studies have been e9uivocal in their documentation of this (see Gunzbutger et al. 2010). On an island where chances for recolonization arc slimmer, storm surges may have longer-lasting effects than have been documented in other locations. 27 New York Natural Heritage Pxogxam Table 6. Frogs and salamanders reported from the seven USGS topographic quads surrounding Plum Islutd, New York. Only the green frog has been reported from Plum Island. Common name Scientific name S-rank I'ro~r Bullfrog Rana catesheiana SS Eastern spadefoot Scaphiopus holbrnn,~ii S2S3$ Fowler's toad Bufn fowderi S4$ Gray treefrog I fyla verricolor SS Green frog Rana clamidans SS Leopard Erog Rana sp. nov. Northern cricket frog Acris crepitan.r Sly Northern spring peeper Pseudacrir crucljer SS Pickerel frog Rana palustri.r SS Wood frog Rana _rylvatica SS .Salamanders Blue-spotted salamander Amhystnma laterale S4$ Eastern tiger salamander Amhystnma tigrinum S1S2~ Four-toed salamander Hemidactylium.rcutatum SS$ ~cfferson salamander Amly.rtomaj~erronianum S4~ Marbled salamander Ambystoma opacum S3~ Northern redback salamander Plethodon cinereur SS Red-spotted newt Notophthalmur viridescens SS Spotted salamander Ambystoma maculatum SS $Specics of Greatest Conservation Need *Long island's leopard frogs are now considered a new species (Newman e[ al. 2012). Rana iphenocephala, the species formerly assigned to Long Island's leopard frogs, is an SGCN ranked S1S2. Fish Marine jirh. No systematic survey of the waters surrounding Plum Island has been conducted to our knowledge, so we draw on data from the surrounding region to inform the likely fish fauna of Plum Island. Plum Island sits in a highly productive marine environment, as evidenced by the diversity of species of ftsh and invertebrates recorded in nearby estuaries. Stone et al. (1994; see also http://ccma.nos.noaa.gov/ecosystems/estuaries/elrnr.aspx) reported on fish and invertebrates collected in Mid-Atlantic estuaries from the late 1980s and 1990x. Three sample sites near Plum Island -Long Island Sound, Gardinexs Bay, and [hc Connecticut River (Figure 1)-had among the higher[ species richness of adult fish and invertebrates of the 16 sites sampled, in all salinity zones (Figure 16). The same pattern held true for other life stages (Stone et al. 1994). Nine years of surveys in Peumic Bay ro [he southwest of Plum Island, between the two "forks" of Long Island (Figure 1) yielded 74 species of marine Fish in 41 families, with six species- bay anchovy, winter flounder, weakfish, windowpane, Atlantic silverside, and scup-comprising most of the individuals caught (Weber et al. 1998). Notable species found in these surveys include shormose sturgeon (Acipen.rer firevirastrum), federally and state listed as Endangered, and Atlantic sturgeon (Acipenreroayrinchus), federally listed as Endangered. In addition, 26 species in the surrounding bays and estuaries are considered SGCN (New York State Department of Environmental Conservation 2005) (Table 7). 28 ~ New York Natural Heritage Program 60 GARDIt~RS BP,Y = LONG GLAND SOIAJD 50 ~ ~ LONG GLAND SOUND CONNECiIMRNER GARDINERS fl4Y 40 m ~u v d • N W 0 30 • w a E Z LONGISLANDSQIND 20 CONNECIIOJrRNIIt • • 10 0 r Seawater zone Mixing zone Tidal fresh zone Salinity zone Figure 16. Numbers of species of adult fishes and invertebrates detected in Mid-Atlantic estuaries, 1985-2000. Three sample sites surrounding Plum Tsland, New York are labeled. Data are from h[tp://ccma.nos.?oaa.gov/ecosystctns/estuaries/elrnx metadata Eeb2011 txt and Stone et al. (1994). "fable 7. Marine fish documen[ed Erom Long Island Sound, Gardiners Bay, Peconic Bay, and the Connecticut River estuary ut the 1980s and 1990s [hat axe considered Species of Greatest Conservation Need. S-tanks do not reflect the currcn[ state of knowledge for this group and arc therefore not reported. Common name Scientific name Common name Scientifc name Alewife Alo.ra p.reudohatengu.r Bay anchovy Aneboa mitchilli American eel Anguilla me~trata Blueback herring Aln.ra aertivalir American shad Alo.ra.rafiidi,re~ima Cleamose skate Raja egdautena Atlantic salmon S'almo solar Common pipefish SyngnathurJurcur Adantic silverside Menidia menidia Cownosc ray Rhinoptera honaru.r Atlantic tomcod Micmgadu.r tomcod Cunncr Tuutogolabru.r adperru.r Bamdoor skate Dif~tura.r laetii.r Fourspine stickleback Apelte.r guadricu,r 29 New York Natural Heritage Program Common name Scientific name Common name Scientific name Lined scahorse Hippocampur erectu~~ Tautog 1 autaga oniti.r Little skate lrucoraja erinacea '1'hreespine stickleback Gastem.rteu.r aculeatu~~ Menhaden Brerroortaa tyrannu~ Winter Flounder Preudopleuronecte.r Northern puffer Spboerorde~ macudatu,r americanu.r O}rster toadfish Op.ronur tau Winter skate Leucoraja ocellata Rainbow smelt O.rmenrr mnrdax Roughtail stingray Da.ryati.r cenlmura Sandbar shark Carcharhinu.r plumbeur Frerhmaterj%rh. No surveys of Plum Tslaud's freshwater fish fauna have been conducted to our knowledge, nor are data on freshwater fish available fox nearby islands and the mainland. Without more information on [he microhabitats and water quality in the emergent marsh, it is difficult to predict what freshwater fish species might occur there. Seventy-nine species have been detected in NYSDEC's freshwater and estuarine surveys throughout Long Island (NYSDEC 2012). Invertebrates The insect fauna of Plum Island is poorly known. Here we highlight known and potential species from some major groups-Odona[a (dragonflies and damselflies), Lepidoptera (butterflies and moths), and Coleoptera (beetles). Little is known about other groups. Dragonflies and damre~ier. No historical records of odonates have been located for Plum island (N. Donnelly, personal communication), and no surveys were conducted there fox the recent five-year atlas oENew York's dragonflies and damselflies (White et al. 20]0). An August, 2005 visit (ML. Lamont, unpublished) produced five species (Table 8), including one (seaside dragonlet) [hat is rare in the state, but clearly the odonate fauna is undersampled. Suffolk County, with its mix of coastal marine and freshwater ecosystems, is one of the richest in species in the slate, with 96 species documented through 2009 (White et al. 2010). Plum Island has the potential for several rare species that arc known Erom nearby islands or the mainland (Table 9). Table 8. Dragonflies and damselflies recorded from Plum Island, New York in 2005. Courtesy of ML. Lamont. Common name Scientific name S-rank Northern bluer Enallagma annexum S4 Seaside dragonlet Isrythrodifidax herenice S2 Black saddlebags Tramea lacerata SS Blue corporal ]odona deplanata S4 Common whitetail Plathemir lydia SS "fable'). Rare dragonflies and damselflies with the potential to occur on Plum Island, New York. Common name Scientific name S-rank Stale listing Atlantic Bluer Hnallagma daufiledayi S1S2 Banded Pennant Celithemirjatezata S3 Bar-winged Skimmer LiGell d axilena SNA Blackwater Bluer 1:nallagma meema til 30 Ncw York Natural I Icritage Program Common name Scientific name S-rank State listing Blue Corporal I~dona deplanata S4 Citrinc Foxktai] Lrchnura ha.rtata S3 Comet Darner Anax Inngipe.r S2S3 Common Sanddragon Prngomphuc ohrcurur Sl SC Double-ringed Pennant Ce&Lhemir verna Sl Four-spotted Pennant Brachymee~iagravida Sl Golden-winged Skimmer I~ibeddula auripenuir S1 UreatSpreadwing /l rchilerlergrandir SNA Lilypad Foxktail Lrchnura kellicotti 53 Little Bluet ISnallaRma minu.rculum Sl T Mantled Baskettail 1 ipitheca remiaguea S2 Martha's Pennant Celithemirmarlha S2 Mottled Damer Aerhna clepsydra S4 Ncedham's Skimmer Lzhellula needhami 53 New England Bluet F;nallagma laterale S3 Petite Emerald Dorocordulia lepida 53 Pine Barrens Bluct Lsnallagma recun~atum Sl T Rambur's Forktail Lrchnura ramhurii S2S3 Scarlet Bluet }snallagma pictum 52 T Southern Sprite Nehalennia integncoldu Sl SC Yellow-sided Skimmer hhellula/lavida Sl Beetder. In 2009, as part of a statewide slams assessment of rare tiger beetles, New York Natural Ieritage Program contractor iona[han Mawdsley surveyed the beach oEPlum Island Erom Dort Terry to Plum Gu[ I Iarbor Eor rare beach tiger beetles. I Ic did no[ detect the beach-dwelling noxtheastem beach tiger beetle (Gicndela dorralir dor~alir), which is federally listed as "Threatened. I Towcver, the largest population documented in New York to date of the hairy-necked tiger beetle (Cicindela hirticolli~j was confirmed. An Mstorical record was based on a 1949 specimen housed a[ the American Museum oENamral History. The presence of the hairy-necked tiger beetle indicates intact beach structure and little vehicle traffic on this stretch of beach-vehicles compact the beetle's larval burrows and crush larvae, and are considered responsible Eor the decline of this species elsewhere on Long Island (Schlesinger and Novak 2011). Plum island is a prime location for the potential discovery or reintroduction of the American burying beetle (Nicrophoru.r americanus), federally listed as Endangered. This species is known historically from the town of Southold, a[ Icast as close as Orient, and from Montauk Point (New York Natural Heritage Program 2011)-the two closest points on mainland Long Island. Further, the only known extant population in the eastern U.S. occurs on Block Island, Rhode Island, 46 kilometers away. On Block island, the American burying beetle occurs in "a post-agricultural maritime scrub plant community" (Rai[hel 1991), which could easily describe some of Plum Island's natural communities. Further, Plum island's low abundance of mid-level predators and scavengers suggests that burying bccdes would experience lower competition Eor carrion there, a situation which facilitates their persistence on Block Island (Raithcl 2002, Sikes and Raithe12002). No surveys Eor American burying beetle have been conducted [o our knowledge on Plum Island, nor are any mentioned in the 5-year review of the species' status (U.S. Fish and Wildlife Service 2008). 31 -~Y+ New Yoxk Natural I Ieritage Program Buller~lie.r and moths. Oux knowledge of the leptidopteran fauna of the island is limited to observations of nine butterfly species from August 2005 (NII.. Lamont, unpublished; Table 10). Undoubtedly the potential exists for many more butterflies. We have not located any records of moths for the island; however, based on the island's geographic setting, known natural communities (Figure 3), and known flora (Lamont et al. unpublished), we estimate that the island has the potential for 43 spccics of moths listed by the New York Natural FIexitage Program as rare (Table 11). Our list contains NYNHP-listed species most likely to occur on the island, but there are potentially a dozen other species in each category that might occur on the island should the host plants be found, including several species of Papaipema. The habitats most likely to contain rare species axe the dune backs, especially in Exesh-water swales, and freshwater wetlands. We have listed the host plants of [he species we have identified as potentially occurring on Plum Island in Table 11. Finally there are several spccics of moths that may occur on the Plum Island that are not currently recognized as rare but appear to meet the criteria Eor rarity, including Lpzremaria.ralitana, Taeparia ~aliuanq Paoniar artylu.r, Neoligia .remicanq Meroplenn ambi~u.rcq Meroplean diverricolor, /Imolita roreola, and 1piglaea apiata. And several spccics of "micro" moths in the families Pyralidae and "I'oxtricidae that are either rare or have limited ranges arc likely to occur on the island, including Phaneta clavana, Phaneta anneddeaua. liucnrma lathami, Crambur ratrapellur, Haimbachia alhercen.r, Plma albiplagiatella and Peoria biparlitella. Several of these are particularly interesting because they have disjunct ranges, occurring in the C;rcat Plains and along the eastern seaboard (Metzler e[ al. 2005). 't'able 10. Butterflies recorded from Plum island, New York in 2005. Courtesy of ML. Lamont. Common name Scientific name S-rank Cabbage butterfly Picric rapae SNA Orange sulphur Coliar eurytheme 55 Eastern tailed blue 1 inerer cnmynlar SS Painted Lady Vanessa cardui SS Red admiral Vanerra atalanta SS Monarch Danaur plexippur SS Silver-spotted skipper L.J~agyreur cdarar SS European skipper Thymelicus lineola SNA I Iobomok skipper Poane.r {iobomoh SS Table 11. Moth species designated as rare by the Ncw York Natural I Ieritage Program with the potential to occur on Plum Tsland, New Yoxk. spccics S-rank Host plant Abagrotir n fascia 51 S3 Amelauchier Acronicta albarufb Sl ,Quercu.r /lgrotir.rtigmora SLJ Achilleamillejolium /lpamea burgerri SU Unknown; grasslands /Ipamea iuordinale 51 Unknown; grasslands /Ipamealintnen SU /lrenana Cirthene j~ackardii SU Lichrns Citheronia regalzr sl Sumac, Prrrnur Dargida rubripennir SU Panicum virgatum Derrima rdellata SNA Unknown 32 New York Natural I ieritage Program Species S-rank Host plan[ Dichagyrir acclivir S2S3 Panicum virgatum Doryade.rgrandifienni.r SU Spartina patent Drarteriagraphica SU Hudronia I;uchdaena maduraria Sl Ilaccznium Eucaptncnemir fimhriaru 51 Unknown F.umacaria madnpata 5254 Pruner Euxoa pdeuritica S2S3 Unknown lsuxoa violarir SU Unknown; sandy areas Fagitana littera S2S3 Thylyplerur palurtrir Feltia man ja.rta SU Unknown; sandy areas Ilypomecirumbrararia SL`' ~Juercur IIecta intractata SNA Unknown Lagna crzrpate SU Many woody plants Leucania extinct SNA Unknown: wetland grasses Marimatha nigrofzmbria SH Digitarza ranguinalir Metalectra ricbardri SU Unknown; presumably fungus Metaxaglaea remitaria SU Ilauinium Moczr texana SU Grasses Oligia bridghami SU Unknown Parara chlorin SU Many woody plants, especially (Juercur Parara indetermina SI I Many woody plants Praphida thaxteriana SIT (Juercur Renia nemoralir SU Unknown; presumably dead leaves S'chiniar/~inorae SU Aster novae-angllae Schinia tuhurculum S2 Pitynpizr falcate Schi~ura afiicalir SU Vaccinium, Papulu.r, Quercur iliczfok~a, Viburnum Sericaglaea rignata SH Prrenur,~uercur Sideridir maryx S2S3 Unknown Sphinx drupiferarum SCi Pruner Sphinxgordiur S1S3 Vaccinium, Gayluracciq Camptonia Sympirtirperrcripta S1 Linariacanadenrir Sympirtit riparia SU Unknown; sandy areas Ilirliia aurantiaca SU Various forbs OlherinrecYr. White and White (1981) sampled Plum island for insects known to act as vectors for disease. They detected 22 species of Culicidae (mosquitoes), including species known to breed in woodland pools, salt marshes, freshwater swamps, tree holes, and rock holes, some of which they conclude must have blown in from breeding locations in Orient Point or Gardiner's Island. They also detected the dipteran families Ceratopogonidae (biting midges), Tabanidae (horse and deer flies), Muscidae (house flies and kin), Sarcophagidae (flesh flies), Calliphoridae (blow flies), Cuterebridac (hot flies), as well as the orders Mallophaga (chewing lice), Siphonaptera (fleas), and Acarina (mites). For none of these groups have the commonness or rarity of individual species been studied sufficiently [o warrant tracking by NY Natural Heritage. Marine invertehrates. Nothing is known about Plum Island's marine invertebrates. "Che marine rocky intertidal community is rare in New York (10 mapped occurrences) and has a distinct suite of associated invertebrates; the community oo Plum Island has no[ been inventoried. Seven 33 New York Natural Ieritage Program invertebrate SGCN have been documented in surrounding waters (Stone ct al. 1994, Weber e[ al. 1998): American lobster (HOmafUJ americauu~), bay scallop (Argopecteu irradiant), blue crab (Calliuecter rapider), blue mussel (Mytilur edudrr), hard clam (Mercenaria mercenaria), horseshoe crab (Limulur polyphemur) and oyster (Crarrortrea virginica). Of particular interest is whether Plum Island provides habitat for spawning horseshoe crab, an important prey item for sea turtles and migrating shorebirds (Kaxpanty e[ al. 2006). Plants History of plant collection Ila.rcularplantr. The first botanis[ to record plants from Plum island was Charles B. Graves, a noted botanist from Connecticut. He reported [he state rare Scotch lounge (hgecticum .rcothicum) from the north shore of the island in 1895 (Graves 1896). In 1915 Norman Taylor, curator of plants at the Brooklyn Botanic Garden, made plant collections on Plum Island, three of them state rare, and deposited them at Brooklyn but he never published the collections he made. Kaleb P. Janson, a plant collector from Groton, Connecticut, collected 32 plants, three of them state rare, on Plum Island in 1932 and [hey are deposited at the Graves Herbarium at the University of Connecticut. From 1932 to 1984 [here is no additional information on the flora of [he island. Bob Zaremba, a botanis[ Erom the New York Natural I Ieritage Program, visited the island in 1984 and observed the rare creeping spikerush (ISleocharzr fallax) in a dry pond near the wastewater treatment plant but no other plants were noted. In November of 1989 New York Natural Heritage Program botanist Peter "Lika and botanist Jerry Jenkins visited the island to look for rare plants. While no tart plants were found they did compile a list of 66 plant species they observed during their daylong stay. In 2002 Long island botanists Cxic Lamont and Richard Staltex (unpublished data) began a 7-year study of the flora of Plum Island. They collected 391 species within 246 genera and 89 families and along with historical records there is a total of approximately 420 species. Genera with the largest number of species collected were Cypenu, Panicum, and Carer. They noted that native species are still a major component of the natural vegetation. Bryophytes. We could find no evidence of herbarium studies or recent collections of this group of plants on Plum Island. Roy Latham, a noted naturalist from Orient, published a Gs[ of bryophytes Erom the Town of Southold and Gardiners island from 1914 through 1925 (Bumham and Latham 1914x, 19146, 1917, 1921 a, 19216, 1923x, 19236, 1924, 1925) and it would be expected that many of the species on Plum Tsland would be on that list. Algae. The history of the collection of marine algae around Plum Island is unknown. There have been no herbarium studies or recent collections of this group of plants (L. Liddle, personal communication). About 20 years ago Lamiuaria and other large species were observed during a dive in Plum Gut. Fungi. Though Eungi are ?o[ plants, we treat them here. No studies or collections of the fungi of Plum Island exist (M. Horman, personal communication). Roy Latham, a noted naturalist from Orient, published a list of fungi Erom the Town of Southold and Gaxdiners Island from 1914 through 1925 (Burnham and Latham 1914x, 19146, 1917, 1921 a, 19216, 1923x, 19236, 1924, 1925) and it would be expected that many of the species on Plum Isla td would be on that list. Plum Island flora The plants of Plum Island can be considered part of the flora of the Atlantic coastal plain of New York. It is probably similar to the other vegetation in nearby Orient and Fishers island but no scientiFic compatisons have been made. Since the island has been heavily disturbed in the last 300 years many new exotic plants have been introduced and a few of them have become invasive 34 New York Natural Heritage Program monocultures in some parts of the island. For over 200 years the island was farmed and grazed and probably dominated by grassland species with few shrubs and trees. The wetlands on the southeast corner of the island and the gravelly knob on the northwest side of the island may have preserved larger woody plants where farming and grazing was not possible. The construction and operation of Fort Terry, beginning in 1898, completely changed the human management of the island and the vegetation probably started to change again as farming and grazing ceased and new installations were built. Tn 1918 the fort reverted to caretaker status and except for its use for five years as a base in World War II, there was far less disturbance. More woody plants probably began to grow into cleared areas although the parade ground grassland continued to be mowed at the old Fort Terry. After World War II the decommissioning of the fort and the construction of the USDA facility had some impact on the vegetation (purple loosestrife was introduced) but much of the island has been kept in a natural state since then. Rare, protected, and otherwise noteworthy plants Plum Island, with 16 recorded rare plant species (Table 12; Table 13), has one of the highest concentrations of rare plants in New York State, similar to the situation on Fishers Island, a short distance to [he northeast (Fishers island has the highest concentration in the state with 27 species). Both islands are part of the "outer lands" of the Ronkonkoma moraine islands east of Long Island and contain a variety of habitats that support rare plants that only occur on the coastal plain of New York. Other large tracts of natural area on Long Island, surrounded by development, often have a large number of rare plants as well. Fishers Island contains nine of the same rare plants as Plum Island and another adjacent natural area, Orient Beach State Park, contains five of the same rare species (New Yoxk Natural Heritage Program 2011). This demonstrates the similarity of the floras of these adjacent natural areas. Only two of the sixteen rare plants recorded Erom Plum Island occur inland of the coastal plain. Although there is a high number of rare species nn Plum Island, the populations arc small compared to other populations of these species. The one exception is spring ladies-tresses, a rare orchid with a large population on [hc island. Conservation guides for all NYNYP-tracked rare plants recorded from Plum Tsland arc available at http://}n[ides.nynhp org[ and included in a separate document as Appendix C. Fourteen rare plants are extant, having been discovered since 1984 (Table 12; Figure 17). Six of these species have Fewer than six populations in the state and are listed as endangered. Five species have fewer than 21 populations in [he state and axe listed as threatened. Three species have more than 20 but fewer than 50 populations in the slate and are listed as rare. Six rare plants axe considered historical since they have not been found in the previous 30 years (Table 13; Figure 18). Three of the species (salt-marsh spikerush, mock bishop-weed, and Northern blazing star) were found in 1932, bushy rockrose in 1915, Atlantic white cedar sometime before 1915, and Scotch lovage in 1895. There is still habitat for five of the species and they still may yet be found. The stumps of Atlantic white cedar trees can still be seen in the northwest corner of the deep emergent marsh, but no live trees remain and we consider this species extirpated from the island. All rare species are on the state protected list with the ranks endangered, threatened, or rare. Another category of protection, exploitably vulnerable, covers those native plants that are usually showy and likely [o be picked or dug up although they are not rare in [he state. They include ferns, orchids, shrubs, and other showy wildflowers. 'Phere are ftfteen plant species in this category on the island (Table 14). Two species, Arclepiar verlicillata (whorled milkweed) and Lafielia rpicala (pale-spiked lobelia), although common in New York State, arc rare on the coastal plain and were collected during the most recent surveys by Lamont and Stalter (G. Lamont, personal communication). 35 New York Natural Heritage Program 'fable 12. Existing rare plants recorded from Plum Tsland, New York. State Common name Scientific name S-rank listing Marsh S[raw Sedge Carex bormathnde.r S2S3 T Femald's Sedge Carex merritt jernaldii S2S3 T Red-rooted Flatsedge CyJ~erur erythmrhi~or S3 R Urcat Plains Flatsedge Cyperus lupulinu.r ssp. lupulinu.r Sl T Coast Flatsedge Cyperurpoly~tacbyorvax. texen.rir S1S2 E Retrorse Flatsedge Cyperur retrorrur ssp. retrorrur Sl F. Velvet Panic Urals Dic'hanthelium rcnparium Sl E CreepingSpikerush h'leocharirfallax Sl E Large Fruited Fireweed Erechtite.r hieraciifoliur var. megadocarpu.r Sl E Oakes' Evening Primrose Oeuothera oakeriana S2 T Crossleaf Milkwort Polygala cruciata var. aquilouia S3? R Seabeach Kno[wecd Polygonumglaucum S3 R Wild Pink Sileue carodiuiaua ssp. penylvauica S2 T Spring Ladies-tresses Spiranther vernalir Sl E Table 13. Flistorical rare plants recorded from Plum Island, New York. State Common name Scientific name S-rank listin Atlantic White Cedar Chamaecypari.r 6hyoider S2 T Bushy Rockrose Crocauthemum dumosum S1 1 Salt-marsh Spikerush Eleocliariruuiglumirvar. halophila S2 T Northern Blazing-star ]iatrir e~cariora var. novae-augliae S2 T Scotch Lovage Lioucticum rcatbicum ssp. tcothicum Sl E Mock Bishop-weed Ptidimuium capillaceum S3 R 3G -~Y' New York Natural Heritage Program 'fable 14. Protected F,xploitably Vulnerable plants recorded from Plum Island, New York. State Common name Scientific name S-rank listing Cutlcaf Grape-fern Botrychium dirrectum SS ~ V Spotted Wintergreen Chimaphila maculata S4 V Fan Club-moss Dif~hmzartrum digitatum 55 V Spoon-leaved Sundew Drnrera intermedia S4 V Evergreen Woodfern Dryopterir intermedia SS V Common Wintcrberry Ilex verticillatur S5 V Turk's-cap Lily I~ilium ruperhum 54 V Northern Bayberry Morella carolinienrir S4 V Cinnamon Pem Ormunda eznnamomea SS V Royal Fern Ormunda rexali.r SS V Gret-n-fringed Orchis Platanlbera lacera S4 V Swamp Azalea Rhododendron virrocum SS V Nodding Ladies-tresses Spiranther cernua S4 V New York Fern Thelyplerir novehorarcenrir 55 V Marsh Fern Thelyplerir palurtrir SS V Invasive plants Tnvasive exotic plants were no[ recorded on the island until 1989 when "7,ika and]enkins recorded European common reed (Phragmiter aurtralir), black locust (Rohinia preudo-acacia), and multiflora rose (Kara multiflora). Since little vegetation work had been done in the decades preceding their visit it isn't known when or how these invasives were introduced. The Elora work of Lamont and Stalter Eound Asian bittcrswcct (Celarlrur orbic'ulatut), Japanese honeysuckle (Lnnicerajapnnica), bush honeysuckle (Lnnicera morron~it), purple loosestrife (I ythrnm ralicaria), cottonwood (Populur deldoidee), privet (Lsgu.rerum vulRare), and autumn olive (Fileagnur umbelladur). The Asian bittcrswcct and Japanese honeysuckle are smothering large areas of native vegetation. The purple looses[rifc was introduced during the construction of the sewage treatment ponds and is invading adjacent natural wetlands. The cottomvood and European common reed are becoming common also. The remaining species are infrequent so they could be climinared while they are at low levels. But, compared to the plants that were available to succeed human and natural disturbance in the 1800s and early 1900s, many more exotic invasive species are now growing in New England and Long island that have an opportunity to colonize these disturbances on the island. Most of the invasive plants have probably been on the island for some time since they have become well established and will take much effort to remove. Many of the human activities such as road and [tail building, military and laboratory installations and the constant traffic of humans to and from Long Island provide adequate pathways and vectors Eor invasive species to become and remain established. 37 New Yoxk Natural Fleritage Program $ilene caroliniana ssp pensyivanica .t%~'_ t', wl 19 - as 4 _,('9' t X14 97 + / ~ ~~'~'8' 1~, 57 _~y./ T ,w~~Plum 9f°~5teele" ll'S yy? ~ PLUM IBLdNU ANIAAI• /.y 1~ ,,~~NNd~,4` ~ D16®hAF. C$NT~SR I la lOr ~,~''~~ipOft ~JSildl r6 'J ~ „ ~E rJ 37 'z y F ~{RcST ,k ~ a'' y.. ~5 ~ r _ p~) "~`^-~.r'~` ~wa.~:" ~ ~ Carex hormathades I vmis~a ~ ~1.~!> ~'R ~ it%' Cyperuslupulinusssp lupulinus " I~, ~pno,~,~,. ~ry.lv:, l -r r Cypenla palyatachyoa var texensis +>I,rm rat a~ -c~ r` I n4~~!~,If, Harbor, °t" 'y..` i Cyperus retrorsus ssp. retrorsus j Dichanihelium scopanum ~ ~ ~ l P a 1. o ~eacharietallax ;`in- ,1~F W' ~'y-~ ~ Palygonum~glaucum ~ 6echtAeshieraciifoliusvar megelocarpus ~ ~~>dlrpi ~ Pt. 1 Oenothera oakesiana C C._! O.J :P i i i - Polygonumglaucum ~Iuo ]Iap proa~.a n; u,. -Slane rsroliNana sap pensyM anip ru L~en~7bak Vacu<d Huiny. p.o~>Q Spira mhos vemalis Rr,mt_ ' figure 17. Extant rare plant occurrences on Plum Island, New Yc.~rk. The exact location of Carex rnerritt ferrral~lii is uncertain; thus, it is mapped to the whole island and not depicted here. CyJ~erus erylbrorlii~o.c and Polygala crucrata var. agtsilonia are not mapped, as their conservation status does not ~ merit full tracking by NY Natural l Ieritage. II 38 \;ew York Natural 1-lcritage Program i 5 I ~c~. +e / t: ~ s~• "~0'itiM:i L deal f6 M, ~i wC • ,1,,~~~' A N CJ' - ~e' ~ e4,+'' •,h ? p ez - a ` f ~ tom, of ]1{v~ 1* b- (•-..,r• _ f: f 2l ~ ~ 37 ra F}ar-htir ~ - r~ as m ~ ~ ®Chamaecypans Ihynidea ,r. ~ Crocanthemum dumasum \ ~ ,s ~ ~ Beochans uniglumfs var. halaphila ~ ` 1 n E vufi"y, Gatrisscariosa vat novae-angliae S o-, ;a - Ligusbcum scothiam ssp scothiam i ~ i \fu }:an pmd~xed b the \m~}cek \anrel Ke.iaje Pmanm ilk .3.r .,v peb 361? ' figure 18. I-Iistorical rare plant occurrences on Plum island, New York. Management and restoration Threats to Plum island's native biodiversity include invasive species, the potential for residential development, climate change, and on- and offshore encrl~T development such as wuid and underwater turbines. A full treatment of threats to the island's biodiversity is beyond the scope of this report. However, should the opportunil:y become available for ecological management and/or restoration, a consortium of stakeholders could contribute to a vision of a desired future condition for the island, which will direct appropriate action. Flcre we briefly oudinc some possibilities to enhance the biodiversity value of the island. Additional and complementary actions, mostly related to birds, and for a larger area, are spelled out in "Conservation Strategies for the Orient Point to Plum Island Important Bird Area" (The Orient Point to Plum island Conservation Committee 2009). • Restoration of marsh hydrology. A drying trend in the wetland complex north of Pine Point is evidenced by the spread of woody vegetation into former stands of cattail and open water since the 1970s (P. Spitzer, personal communication), presumably resulting in the presence or ctpansion of the highbush hlucberry bog thicket. Determining the precise degree to which the wetland's hydrology is altered and allowing the natural refrimc to recover could be critical for 39 ~lcw York Natural I lcritage Program r restoring the biodivexsity expected in this diverse wetland complex on the Coastal Plain. An investigation into the effects of the sea gate and dredged channel mentioned by Crandell (1962) is warranted. In addition, as the natural hydrologic regime recovers, it may be worth exploring the possibility of restoring the Eorrner Coastal Plain Atlantic white cedar swamp in the northwest corner of the marsh. • Eradication of raccoons. The accidental introduction of raccoons in the mid-1990s is the near- cer[ain culprit for the decline and eventual disappearance of the multispecies heronry in the wetland and gull nesting colony in the sandy dune grass meadow to the southwest, plus alteration of osprey nest-site selection. Raccoons are also notorious predators of other species known or expected from Plum Tsland, as well as those that may occur there in the future, such as Piping Plover (Doherty and Heath 2011), American Oystercatcher (Sabine et al. 2006) , diamondback terrapin (Feinberg and Burke 2003), and sea turtles (Barton and Roth 2007). Although the USDA continues to trap and remove problem raccoons, eradication has not been a stated goal. Elimination of raccoons would probably restore the ground-nesting gulls, so island personnel would have to consider gulls' role as accidental disease vectors, although this was no[ discussed as a problem during the times of breeding gull abundance in the 1970s (P. Spitzer, personal communication). The incredible restoration success of Great Gull Island in re- establishing huge breeding colonies of seabirds (Hays 2007) could provide a model for what might be worth attempting on Plum Island, given its history of seabird use, albeit at a smaller scale. Restoration of gulls might, in turn, alter the vegetation of the southern tip of the island through the intense seasonal deposition of gull guano that formerly prevented encroachment of woody plants, as appears to be the case on nearby Gardiners Island (P. Spitzer, personal communication). Raccoon extermination might not entirely restore the heronry if Eood sources on the island have been reduced too much by the drying trend of the marsh. • Targeted removal of invasives. Should removal of invasive species be desirable, aseven-step protocol is recommended (adapted Erom O'Brien et al. 2010): 1) Write an Invasive Species Management Plan (e.g., O'Brien e[ al. 2010). 2) Inventory the species. A complete inventory of [he location of all the invasives should be done. Survey, observation, and management data can be entered into the iMap Invasives database: htro://imapinvasives.org/nvimi/home/. 3) Run the species through The Nature Conservancy's Decision Analysis Tool (htro'//conscrvconline org/library/an-invasive-plant management-decision-analysis/viewhrml), which helps prioritize which species to control and assess costs and benefits of various actions. Funding should be secured for at least 2 years with the likelihood of long-term funding, especially for common invasives. 4) Control the high-priority species. Select control methods and develop removal plans. 5) Perform restoration if necessary. Restore treatment sites to the preferred ecological state following the removal of invasive species. 6) Monitor and maintain native ecological systems. Monitor sites to prevent rc-invasion and to identify and maintain areas ftee of invasive species. 7) Promote stewardship. Train, educate, and provide outreach to staff and the public in order to provide support for successful invasive species control efforts. • Restoration (or establishment) of maritime grassland throughout the panhandle. The 13 acres of successional old field and potential maritime grassland on the island's panhandle, and the 93 acres of mowed lawn could provide suitable habitat for area-sensitive grassland buds (Ribic et al. 2009) as well as rare moths and rare plants. Historical imagery and documentation could be consulted to determine the former extent, if any, of maritime grassland on the island, or a decision could be made to attempt to convert these sites into that community type by planting and encouraging a suite of native plant species. Any attempt at grassland restoration would require regular maintenance, possibly using prescribed flte, to prevent shmb encroachment; 40 j~~ New York Natural Heritage Program . i, regular monitoring would be advisable. It may also be possible to manage the existing old fields in such a way as to provide surrogate "grassland" habitat for species that depend upon it. • Continued minimal impacts to maritime and coastal communities. The intactness of Plum island's beach and its relative lack of human disturbance axe reflected in the presence of three rare species: seabeach knotwecd, Piping Plover, and hairy-necked tiger beetle. The continued presence of these species relics on an intact beach and dune ecosystem and minimal vehicular and other human traffic. Sca level rise and increasingly dramatic coastal storms (IPCC 2012) are likely [o increase erosion of the maritime beach and the extensive, intact maritime bluffs and dunes that ring the island. The surrounding rocky intertidal system, dependent upon alternating periods of tidal flooding and exposure, is also likely [o be especially vulnerable to rising seas. Monitoring the distribution of species in [he intertidal, maritime, and coastal zones will provide valuable baseline data Eor protection efforts. • Dark skies compliance. Given the effects of light pollution on many kinds of animals (Smith 2008), and the current and potentially growing importance of Plum Island and its surrounding waters for sea turtles, [he island could pursue "dark skies" compliance to ensure its value to sensitive wildlife. Key inventory needs Based on our research we outline here some key inventory needs Eor Plum Island (Table 15), so that management decisions may be made with the most complete information possible. Table 15. Key inventory needs for Plum island. Inventory need Specific taxgers and notes Natural cammunitizr roll natural community map Ground-troth preliminary map; gather detailed plot-level information for all community types, including underwater surveys for eelgrass and rocky intertidal communities. Ideally, survey wock would include at least two sets of visits, spring and mid-late summer, to capture the full range of species throughout the growing season Significant natural commrmities Update with current plot-level information and condition assessment Animadr Small mammals Full faunal survey Bats Use of hunkers as roosts, use of airspace for migration Marine mammals Continued cotmts of hauled-out seals in all seasons; use of nearby waters by migrating and foraging cetaceans Breeding birds Continuing surveys by Audubon NY; addition of nocturnal surveys for owls would be beneficial Wintering birds Continuing Christmas Bird Counts and surveys by Audubon NY Migrating birds Analysis of available radar data; additional radar data collection and acoustical surveys [o 41 ~~/y Ncw York Natural Heritage Program ' . Inventory need Speciftc targets and notes determine use of the island as a Elyway Sea mrdes Use of scagrass beds Freshwater turtles Eastern mud turtles 'terrestrial snakes Eastern hognose snake Freshwater amphibians Full faunal survey; northern cricket frogs, leopard frogs,spadefoottoads Freshwater fish Pull faunal survey Insects Complete faunal surveys For dragonflies and damselflies, moths, butterflies, American burying beetle Maxine invertebrates Iloxschoc crab spawning, full faunal survey of rocky intertidal Plantr Raze plants All rare plant occurrences should be resurveyed using New York Natural Heritage Program procedures to obtain information on quantity and quality Invasive plants Surveys should be done according to the guidelines outlined above Other taxa Baseline surveys for bryophytes, algae, and fungi Conclusion The future ownership and management of Plum Island is uncertain, and thus the fate of its remarkable biodivcrsity is uncertain as well. Particular futures axe compatible with biodiversity conservation, while others are less compatible. Our report, building on historical accounts and the work of many recent scientists and naturalists, is still an early step in a Eull documentation of [he island's ecology, and constitutes only some of the information needed if the island is planned for residential development ox if further ecological management and restoration ate undertaken. We hope that in documenting what is known about Plum Island's biodiversity and highlighting gaps in out information, we have whetted appetites for further inventory and heightened appreciation of this unique place. Acknowledgments We heartily acknowledge the contributors listed on the title page, as this report would not exist without their dedicated efforts [o document Plum Island's biodiversity despite the difficulties of access to the island. This report was funded by The Nature Conservancy's Long Island and Connecticut Chapters. R. Parsons was instrumental in securing the funding and tirelessly advocating for our working on the island in some form. D. Albie, D.]. Evans, F. McKinney, and A. Whelchel provided administrative support. We thank R. Parsons, D.J. Pavans, T. Howard, K. Perkins, ML. Lamont, E. Lamont, M. Schiebel, J. Sepenoski, L. HIahre, P. Spitzer, J. Janssen, and C. Raithel fox comments on earlier drafts. K. Perkins and H. Shaw assisted with research. C. Spilman, K. Dikun, J. Levin, J. Grigonis, and J. Feinberg participated in surveys. A. DeGiovine Oliveira, S. Newbert, and R. DiGiovanni graciously shared photographs. R.A. Bramson, M. Hormaa, E. Lamont, R. Stalter, ML. Lamont, K. Preusser, L. Hutnbexg, M. Lowncy, M. Gibbons, C. Raithel, C. Safina, P. Spitzer, N. Donnelly, and L. Liddle were generous with their time fox c-mail and phone conversations. 42 New York Natural Pleritage Program Literature cited Allen, C. S. 1892. Breeding habits of the fish hawk on Plum Island, New York. The Auk 9:313-321. Baranauskas, K. 200E Hibernadon oEBaxbastelle (Barbastella barbastellus) in DeOkine bunkers in VIlnius (Lithuania). A possible bat population response to climate change. Acta 'Loologica Lithuanica 11:15-19. Barton, B. T., and J. D. Roth. 2007. Raccoon removal nn sea turtle nesting beaches. The Journal of Wildlife Management 7Lt234-1237. Bayles, T. R. 1963. History of Plum Tsland [Online]. /\vailablc: h[tp:/ /www.longwood.kl2.ny.us /his tory/midisl/baylcs%20storics /plum%20island.htm. [A cccs s cd: 29-Feb-2012] . Blehert, D. S., A. C. I Ticks, M. Behr, C. U. Me[cyer, B. M. Berlowski-7.ier, E. L. Buckles, J. T. I I. Coleman, S. R. Darling, A. Gargas, and R. Niver. 2009. Ba[ white-nose syndrome: an emerging Fungal pathogen? Science 323:227. Blundell, G., M. Ben-David, P. Groves, R. Bowyer, and E. Geffen. 2002. Characteristics of sex- biased dispersal and gene flow in coastal river otters: implications Eor natural recolonization of extirpated populations. Molecular Ecology 11:289-303. Boyden, S. A. 2012. Summary of recent offshore acoustic surveys. Northeastern Bat Working Group Annual Meeting. Carlisle, Pennsylvania. Buckley, P. A., and F. G. Buckley. 1980. Population and colony-site trends of Long Island watexbirds for Five years in [he mid 1970x. Transactions of the Linnaean Society of New York 9:23-56. Burger, M. F., and J. M. Liner. 2005. Important bird areas of New York. Audubon New York. Burke, V. J., E. A. Standora, and S. J. Morreale. 1993. Diet of juvenile Kemp's ridley and loggerhead sea turtles from Long Island, New York. Copeia 1993:1176-1180. Burnham, S. H., and R. A. Latham. 1914a. The Flora of the Town of Southold, Long Island and Gardiners Island. Torreya 14:205-225. Burnham, S. I L, and R. A. Latham. 1914b. The Flora of the Town of Southold, Long Island and Gardiners Island. Torreya 14:229-254. Burnham, S. I L, and R. A. Latham. 1912 The Flora of the Town of Southold, Long Island and Gardiners Tsland. Torxeya 17:111-122. Burnham, S. H., and R. A. Latham. 1921 a. The Flora of the "town of Southold, Long island and Gardiners Island. Torreya 21:1-11. Burnham, S. H., and R. A. Latham. 1921b. The Flora of the Town of Southold, Long Island and Gardiners Island. Torreya 21:20-33. Burnham, S. H., and R. A. Latham. 1923a. The Flora of the Town of Southold, Long Island and Gardiners Island. Torreya 23:25-31. Burnham, S. H., and R. A. Latham. 1923b. The Flora of the Town of Southold, Long Tsland and Gardiners Island. Torreya 23:3-9. Burnham, S. I L, and R. A. Latham. 1924. The Flora of the Town of Southold, Long Island and Gardiners Island. Torxeya 24:22-32. Burnham, S. H., and R. A. Latham. 1925. The Flora of the Town of Southold, Long Tsland and Gardiners Island. Torreya 25:71-83. Connor, P. F. 1971. The mammals of Long Island, New York. University of the State of New York, Albany, NY. 43 ~y~1 New York Natural Heritage Program 1~ . Crandell Jr, H. C. 1962. Geology and ground-water resources of Plum Island. USES Water-Supply Paper 1539-X. Prepared on behalf of the Agricultural Research Service, U.S. Department of Agriculture. United States Department of the Interior C;eological Survey, Washington D.C. Cryan, P. M., and R. M. R. Barclay. 2009. Causes of bat fatalities at wind turbines: Hypotheses and predictions. Journal of Mammalogy 90:1330-1340. Cryan, P. M., and A. C. Brown. 2007. Migxadon of bats past a remote island offers clues toward the problem of bat fatalities at wind turbines. Biological Conservation 139:1-11. DiGiovanni Jr., R. A., K. F. Durham, J. N. Wocial, and A. M. Chaillet. 2009. An increase in gray seal (Halichoerus grypus) sightings and strandings in Ncw York waters. Eighteenth Biennial Conference on the Biology of Marine Mammals, October 2009. Quebec City, Canada. DiGiovanni Jr., R. A., S. A. Wood, G. T. Waring, A. Chaillet, and E. Josephson. 2011. Trends in harbor and gray seal counts and habitat use at southern New England and Long Island index sites. 9th Biennial Conference on the Biology of Marine Manunals, December 2011. Tampa, Florida. Doherty, P. J., and J. A. Heath. 2011. Factors affecting piping plover hatching success on Long island, New York. The Journal of Wildlife Management 75:109-115. Dugan, J. I. 2002, January 8. Biotexrorism fears revive waning interest in agricultural disease lab on Plum island. Wall Street Journal. Edinger, G. J., D. J. Evans, S. Gebaucr, T. G. Howard, D. M. Hunt, and A. M. Olivero. 2002. Rcological communities of New York State, Draft Second Edition. Page 136. New Yoxk Natural Heritage Program, Albany, New York. Ellis, J. C., M. J. Shulman, H. Jessop, R. Suomala, S. R. Morris, V. Seng, M. Wagner, and K. Mach. 2007. Impact of raccoons on breeding success in large colonies of Great Black-backed (',tills and I Ierring Gulls. Waterbirds 30:375-383. Feinberg, J. A., and R. L. Burke. 2003. Nesting ecology and predation of diamondback terrapins, Malaclemys terrapin, at Ga[cway National Recreation Area, New York. Journal of IIerpetology 37:517-526. Gibbs, J. P., A. R. Breisch, P. K. Ducey, G. Johnson, J. L. Behler, and R C. Bothner. 2007. The amphibians and reptiles of Ncw Yoxk State. Oxford University Press, Inc., New York, NY. Graves, C. B. 1896. Botanical notes. Torrey Club Bulletin 23:59. Gunzburger, M. S., W. B. Ilughes, W. J. Barichivich, and J. S. S[aigex. 2010. Hurricane storm surge and amphibian communities in coastal wetlands of northwestern Florida. Wetlands Ecology and Management 18:651-663. Hawker, 1.. A., A. C. Broderick, M H. Godfrey, and B. J. Godley. 2009. Climate change and marine turtles. Endangered Species Research 7:137-154. Hays, H. 2007. Great Gull Island: a short report. Pages 265-279 Natural History of New York City's Parks and Great Gull island. Transactions X of the Linnaean Society of New York, New York, New York. Hazel, J., I. R. Lawler, I I. Marsh, and S. Robson. 2007. Vessel speed increases collision risk for the green turtle Chelonia mydas. Endangered Species Research 3:105-113. Homer, C., C. Huang, L. Yang, B. Wylie, and M. Coan. 2004. Development of a 2001 national land- cover database for the United States. Photogrammetric Engineering and Remote Sensing 70:829-840. Hooton, L., and A. Costello. 2012. Patterns in summer bat activity at a coastal site in Delaware, and future studies with applications for offshore wind encrgv development. Northeastern Ba[ Working Group Annual Meeting. Carlisle, Pennsylvania. IPCC. 2012. Managing the risks of extreme events and disasters [n advance climate change adaptation. A special report of Working Groups I and II of the intergovernmental Panel on 44 ~]~y Ncw York Natural Heritage Program Climate Change. (C. B. Field, V. Barron, T. Stocker, Q. Dahc, D. J. Dokken, K. L. Ebi, M. D. Mastrandrea, I{. J. Mach, G.-K. Plattner, S. K. Allen, M Tignor, and P. M Midgley, Eds.). Cambridge University Press, Cambridge, UK, and New York, NY. Karpanty, S. M., J. D. Fraser, J. Berkson, L. J. Niles, A. Dey, and E. P. Smith. 2006. I-Iorseshoe crab eggs determine red knot distribution in Delaware Bay. Journal of Wildlife Management 70:1704-1710. De Kay, J. E. 1842. Zoology of New-York, or the New-York Fauna. White & Visschex. Khan, C.,'1'. Cole, P. Duley, A. Glass, and J. Gatzke. 2010. North Atlantic Right Whale Sighting Survey (NARWSS) and Right Whale Sighting Advisory System (RWSAS). National Marine Fisheries Service, Woods Mole, MA. Lamont, E., and R. Staltex. 2011. What happened to the Atlantic White Cedar Swamp on Plum Island, New York? Long Island Botanical Society newsletter. Latham, R. 1959. Ospreys in Oricn[. The Kingbird 8:98-101. Masinga, M., K. Baranauskasb, Y. Stivonenc, and T. Wermundsend. 2009. Bats hibcroating in Kaunas Fortress, Lithuania. Estonian Journal of Ecology 58:192-204. McGowan, K. J., and K. Corwin. 2008. The second atlas of breeding birds in New York State. Cornell University Press, Cornell, NY. Metzler, E. H., J.A. Shuey, L.A. Forge, P.Z_. Goldstein, and R.A. I Ienderson. 2005. Prairie-dependent butterflies and moths (Lepidoptera) and their biogeography in the United States. Bulletin of the Ohio Biological Survey, New Series 15. Morreale, S. J., A. B. Meylan, S. S. Sadove, and E. A. S[andora. 1992. Annual occurrence and winter mortality of marine turdes in New York waters. Journal of Herpe[ology:301-308. Moxrcale, S. J., and E. A. Standora. 1993. Occurrence, movement, and behavior of the Kemp's Ridley and other sea turtles in New York waters. Okeanos Ocean Research Foundation, I Iamp[on Bays, New York. New York Natural Heritage Program. 2011. Element occurrence database. Albany, NY. New York Natural Heritage Program. 2012. Online conservation guide Eox glossy ibis (Plegadis falcinellus). [Online]. Available: http://www.acris.nynhp.org/guide.php?id=6762. [Accessed: 17 Jan-2012]. New York State. 2008. 2000-2008 Statewide digital orthoimagery program 1:12,000 high resolution. New York Stale Office of Technology. New York State Department of Environmental Conservation. 2005. Comprehensive wildlife conservation strategy. Albany, NY. New Yotk State Department of Environmental Conservation. 2011. Regulatory freshwater wetlands, proposed amendments and adjacent areas -New York State. Digital, New York State Department of Environmental Conservation, Albany, NY. New York State Division of Coastal Resources. 2009. SigniFicant coastal Etsh and wildlife habitats [Online]. Available: h[tp:/ /www.nyswaterEronts.com/waterfront_natural_narrativcs.asp#LongI Bland. Newman, C. E., J. A. Feinberg, L. J. Rissler, J. Burger, and II. Bradley Shaffer. 2012. A new species of leopard frog (Anura: Ranidae) from the urban northeastern US. Molecular Phylogenetics and Evolution 63:44555. NYSDEC. 2009. Herp atlas project. New York Stale Department of Environmental Conservation, Albany, NY. NYSDEC. 2012. Modern statewide fisheries database. Version 42. Bureau of Fisheries, New York State Department of Environmental Conservation, Albany, NY. 45 New York Natural I Ieritage Program O'Brien, R., C. Holzworth, P. Otis, and E. Belding. 2010. Robert G. Wchle Stale Park invasive species management plan. New York Stale Office of Parks, Recreation, and I Iis[oric Preservation, Albany, NY. O'Connor, A. 2002 After 200 years, a beaver is back in New Yoxk City. New Yotk Times, Febraury 23, 2007. Raithel, C. 1991. American burying beetle (Nicrophorus americanus) recovery plan. U.S. Fish and WIldlife Scroicc, Concord, NH. Raithel, C. J. 2002. Small island, big birds: avian biomass and the persistence of the American burying beetle on Block Tsland. Pages 197-202 The ecology of Block island. Rhode Island Namral History Survey, Kingston RI. Ribic, C. A., R. R. Koford, J. R. Herkert, D. H. Johnson, N. D. Niemuth, D. E. Naugle, K. K. Bakker, D. W. Sample, and R. B. Renfrew. 2009. Area sensitivity in North American grassland birds: patterns and processes. The Auk 126:233-244. Roemer, G. W., M. E. Gompper, and B. V. Valkengurgh. 2009. The ecological role of the mammalian mesocarnivorc. BioScience 59:165-173. Sabine, J. B., S. H. Schweitzer, and J. M. Meyers. 2006. Nest Eate and productivity of American Oystercatchers, Cumberland Island National Seashore, Georgia. Waterbixds 29:308-314. Sadove, S. S., and P. Cardinale. 1993. Species composition and distribution of marine mammals and sea mrdes in the New York Bight. Okeanos Ocean Research Foundation, I-Iampton Bays, New York. Schlesinger, M., and P. Novak. 2011. Status and conservation of an imperiled tiger beetle fauna in New Yoxk State, USA. Journal of Insect Conservation 15:839-852. Sikes, D. S., and C. J. Raithel. 2002. A review of hypotheses of decline of the endangered American burying beetle (Silphidae: Nicrophorus americanus Olivier). Journal of Tnsect Conservation 6:103-113. Smith, M. 2008. Time to turn off the lights. Nature 457:27. Spitzer, P., and A. Poole. 1980. Coastal ospreys between New York City and Boston: a decade of reproductive recovery t 969-1979. American Birds 34:234-241. Stone, S. L., T. A. Lowery, J. D. Field, Jury, Steven I L, D. M. Nelson, M. T3. Monaco, C. D. Williams, and L. Andxeascn. 1994. Distribution and abundance of Fishes and invertebrates in Mid-Atlantic estuaries. U.S. Department oECommercc, National Oceanic and Atmospheric Administration, National Ocean Service, Silver Spring, Maryland. The Orient Point to Plum Island Conservation Committee. 2009. Conservation Strategies Eor the Orient Point to Plum Island Important Bird Arca. Audubon, New York. Tiner, R. W., I I. Bergquist, T. Halavik, and A. MacLachlan. 2007. 2006 eelgrass survey for eastern Long Island Sound, Connecticut and New York. Page 24, plus Appendix National Wetlands Inventory report, U.S. Fish and WIldlife Service, National Wetlands Inventory Program, Northeast Region, I Iadley, MA. Traylor-Holzer, I{., R. Tawes, M. Bayless, A. Valenta, N. Rayman, and N. Songsasen. 2010. Insectivorous bat captive population feasibility workshop report IUCN/SSC Conservation Breeding Specialist Croup, Apple Valley, MN. U.S. Department of Agriculture Namral Resources Conservation Service. 1995. Soil Survey Geographic (SSURGO) data base; data use information, publication number 1527. Page 31. United States Department of Agriculture Natural Resources Conservation Service, Foxt Worth, Texas. U.S. Department of Homeland Security. 2008a. National bio and agro-defense facility: Final cm~ironmental impact statement. Washington, D.C. 46 New York Namral Heritage Program U.S. Department of I Iomeland Security. 2008b. National bio and agro-defense facility: Final environmental impact statement. Washington, D.C. U.S. Depaztment of Homeland Security. 2010. Historical timeline of Plum Island events. Plum Island Animal Disease Center. U.S. Fish and Wildlife Service. 2008. American burying beetle (Nicrophoms americanus) 5-year review: summary and evaluation. New England Field OfFice, Concord, NH. U.S. Geological Survey. 1994. USGS digital orthophoto quadrangle. U.S. Geological Survey. Weber, A., C. Grahn, and B. Havens. 1998. Species composition, seasonal occurrence and relative abundance of finfish and macroinvertebrates taken by small-mesh otter trawl in Peconic Bay, New York. Ncw York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, Marine Fin Fish Unit, East Setauekt, New York. White, D. J., and C. P. White. 1981. T he occurrence and relevance of arthropods of medical and veterinary importance captured during a survey on Plum Island, New York. Journal of the New York Entomological Society:2-15. White, E., J. D. Carsex, and M. D. Schlesinger. 2010. The New York dragonfly and damselfly survey. New York Namral Heritage Program, Albany, NY. 47 New York Natural Heritage Program Appendix A: Natural Heritage Subnational (S) Conservation Status Ranks Adapted from httb'//www.natureserve org/exRlorer/rankinp.htm Subnational (S) Conservation Status Ranks Status 'Definition SX Presumed Extirpated-Species or ecosystem is believed to be extirpated from the jurisdiction (i.e., nation or state/province). Not located despite intensive searches of historical sites and other appropriate habitat, and virtually no likelihood that it will be rediscovered. _ SH Possibly Extirpated- Known from only historical records but still some hope of rediscovery. There is evidence that the species or ecosystem may no longer be present in the jurisdiction, ' but not enough to state this with certainty. Examples of such evidence include (1) that a ,species has not been documented in approximately 20-40 years despite some searching or 'some evidence of significant habitat loss or degradation; (2) that a species or ecosystem has been searched for unsuccessfully, but not thoroughly enough to presume that it is no longer present in the jurisdiction. S1 Critically Imperiled-Critically imperiled in the jurisdiction because of extreme rarity or because of some factor(s) such as very steep declines making it especially vulnerable to extirpation from the jurisdiction. S2 Imperiled-Imperiled in the jurisdiction because of rarity due to very restricted range, very 'few populations, steep declines, or other factors making it very vulnerable to extirpation from ' 'jurisdiction. S3 Vulnerable-Vulnerable in the jurisdiction due to a restricted range, relatively few populations, recent and widespread declines, or other factors making it vulnerable to extirpation. S4 Apparently Secure-Uncommon but not rare; some cause for long-term wncern due to 'declines or other factors. S5 Secure-Common, widespread, and abundant in the jurisdiction. Variant Subnational Conservation Status Ranks Rank Definition S#S# Range Rank - A numeric range rank (e.g., S2S3 or S1 S3) is used to indicate any range of uncertainty about the status of the species or ecosystem. Ranges cannot skip more than two ranks (e.g., SU is used rather than S1 S4). SU Unrankable-Currently unrankable due to lack of information or due to substantially confllctmg ' information about status or trends. ' SNR ,Unranked-National or Subnational conservation status not yet assessed. ' SNA Not Applicable -A conservation status rank is not applicable because the species or ecosystem is not a suitable target for conservation activities.3 _ _ _ Not 'Species or ecosystem is known to occur in this nation or state/province. Contact the relevant Provided ' NatureServe network program for assignment of conservation status. _ ' A conservation status rank may be not applicable for some species, including long distance aerial and aquatic migrants, hybrids without conservation value, and non-native species or ecosystems, for several reasons, described below. 48 New York Natural Heritage Program Long distance migrants: Assigning conservation status to long distance aerial or aquatic migrant animals (e.g., species like migrant birds, bats, butterflies, sea turtles, and cetaceans) during their migrations is typically neither practical nor helpful to their conservation. During their migrations, most long distance migrants occur in an irregular, transitory, and dispersed manner. Some long distance migrants occur regularly, while others occur only as accidental or casual visitors to a subnation or nation. Some long distance migrants may regularly occur as rare breeding or nonbreeding seasonal (e.g., winter) species, but in an inconsistent, spatially irregular fashion, or as breeders that die out apparently with no return migration and no overwintering (e.g., some Lepidoptera). In all these circumstances, it is not possible to identify discrete areas for individual species that can be managed so as to significantly affect their conservation in a nation or subnation. The risk of extinction for these species is largely dependent on effective conservation of their primary breeding and nonbreeding grounds, notwithstanding actions that may benefit species collectively such as protecting migratory "hotspots," curbing pollution, minimizing deaths from towers and other obstructions, etc. Hybrids without conservation value and non-natives: It is not appropriate to assign a conservation status to hybrids without conservation value, or to non-native species or ecosystems. However, in the rare case where a species is presumed or possibly extinct in the wild (GXC/GHC) but is extant as a naturalized population outside of its native range, the naturalized population should be treated as a benign introduction, and should be assessed and assigned a numeric national and/or subnational conservation status rank. The rationale for this exception for naturalized populations is that when a species is extinct over its entire natural range, the presence of that species within an area must be considered important to highlight and preserve, even if the area is not part of the species' natural range. Rank Qualifier Rank Definition S#? 'Inexact Numeric Rank Denotes inexact numeric rank. This designation should not be used with any of the variant national or subnational conservation status ranks or NX, SX, NH, or SH. Breeding Status Qualifiers4 Qualifier Definition B Breeding-Conservation status refers to the breeding population of the species in the nation or state/province. N Nonbreeding-Conservation status refers to the non-breeding population of the species in the nation or state/province. M Migrant-Migrant species occurring regularly on migration at particular staging areas or concentration spots where the species might warrant conservation attention. Conservation status refers to the aggregating transient population of the species in the nation or state/province. ° 4A breeding status is only used for species that have distinct breeding and/or non-breeding populations in the nation or state/province. Abreeding-status S-rank can be coupled with its complementary non-breeding-status S- rank if the species also winters in the nation or state/province. In addition, abreeding-status S-rank ran also be coupled with amigrant-status S-rank if, on migration, the species occurs regularly at particular staging areas or concentration spots where it might warrant conservation attention. Multiple conservation status ranks (typically lwo, or rarely three) are separated by commas (e.g., S2B,S3N or SHN,S46,S1M). 49 Ncw York Natural Heritage Program Appendix B: Birds of Plum Island Bird species observed on Plum Island, New York, or in nearby waters, and seasons with confirmed presence. Compiled primarily from Audubon New York (unpublished) and ML. Lamont (unpublished). /\dditional species Erom Buckley and Buckley (1980); P. Spitzer (unpublished); USDA (unpublished). Common name Scientific name S-rank Sp Su Pa Wi Rcd-throated Loon Gavia.rtellata SNRN$ X X X Common Loon Gavia immer S4$ X X X Homed Grebe Podicepr auritur SNRN$ X X X Rcd-necked Grebe Padicefugriregena SNRN X X Noxthem Gannet Mnrur harranu.r SNRN X X X Brown Pelican Pelecanur occutentalir SNA X Great Cormorant Phalacromrax corbo SNRN X X X X Double-crested Cormoxant* Phalaerocorax auritur 53 X X X Least Bittemt Ixobrychur exili.r 53B,S1N$ Great Bluc Heron Ardea herodiar SS X X X X Great Egrett Ardea alba S4$ X X Snowy Egxctt Egretta tbula S2S3$ X X Little Blue Heront Egretta caerulea S2$ Tricolored Heront lgre[!a tricolor S2$ X X Black-crowned Night-Heront Nycticorax nycticorax S3$ X Glassy Ibis* Plegadir jalclnellur S2$ X Mute Swan Cygnus olnr SNA X X X Snow Goose Chen caerxlercenr SNRN X X Brant Branta bernicla SNRN$ X Canada Goose* Branta canadenrir SS X X X X Wood Duck Aix rponra SS X Green-winged Teal Anar cncta S3 X X X American Black Duck* Anar rubripe.r S3B, SNRN$ X X X X Mallard* Anar platyriyncho.r SS X X X X Northern Pintail Auar acuta S1B, S3N$ X X Gadwall Anar rtrepera S3 X X X Eurasian Wigeon Anar Penelope SNRN X American Wigeon Auar americana S3 X X X Greater Scaup Aytiya marzla SNRN$ X X Common Eider* .Somateria mollirrima S1B, S3?N$ X X X X King Eider Samateria .rpectabili.r SNRN X Harlcyuin Duck Hirlriouacstr htirtrianicu.r S1N$ X Long-tailed Duck Clangula hyemali.r SNRN$ X X X Black Scoter Melanitta nigra SNRN$ X X X X Surf Scoter Melanitta perrpidllata SNRN$ X X X X White-winged Scoter Melanitta furca SNRN$ X X X Common Goldeneye Bucephala clangula S3B, SNRN$ X X X Bufflehead Bucephala albeola SNRN X i-Iooded Merganser Lnphodyter cucullatur S4 X Red-breasted Merganser Megu.r.rerrator S3 X X X X Turkey Vulture* Catharter aura S4 X X X X Ospxcy* Pandion badiaetu.r S4B$ X X X Bald Eagle I laliaeetur deucncephalur S2S3B,S2N$ X X X 50 0 New York Natural Heritage Program ~ ~ + Common name Scientific name S-rank Sp Su Fa Wi Northern Hazrier* CircuJ cyaneuJ S3B,53N$ X X X X Sharp-shinned Hawk AuzpiterJtriatu.r S4$ X X X X Coopei s Hawk Aazpiter coopeni 54$ X X X X Northern Goshawk AccipitergentiliJ 53S4B$ X Ked-shouldered Hawk Buteo IineatuJ 54B$ X X X Broad-winged Hawk Buteo platypteruJ SS X X Red-tailed Hawk* ButenjamaicenJiJ SS X X X X Rough-legged Hawk 13uteo dagapuJ SNRN X American Kestrel* Faders JyaroeriuJ SS X X X X Merlin Falco colzrmbariu.r Si? X X X X Peregrine Falcon Falco peregrinuJ S3B$ X X X Virginia Rail Ral1uJ limicola SS X X X Black-bellied Plover PduvraGJ Jguatamla SNRN$ X X Semipalmated Plover Cbaradriue' Jemipalmatue' SNRN X Piping Plover* Charadnw' melodw' S3B$ X X Killdeex* CharadriuJ vociferae~ S5 X X X X American Oystereateher* HaematopuJpadllatuJ S3$ X X Greater Yellowlegs Tonga medanodeuca SNRN$ X X Lesser Yellowlegs Tringa flavipeJ SNRN X Solitary Sandpiper Tringa Jolitaria SNRN X X Willet Tringa Jemipalmata S3$ X Spotted Sandpiper* Actitlr macularia SS X X Sandesling Cadidrir adba SNRN$ X X X Western Sandpiper CalidriJ maun SNRN X Least Sandpiper CalidriJ minutilla SNRN X X Pectoral Sandpiper CalidriJ melanotoJ SNRN X Purple Sandpiper CalidriJ maritima SNRN$ X X American Woodcock Scolopaxminor SS$ X X Laughing Gull** LaruJatricidla Sl$ X X Bonapazte'sGull Ilrrusphiladepbia SNRN$ X Ring-billed Gull Lara.r delamaren.ri.r 54 X X X X Hemng Gull** LnruJ argentatu,r SS X X X X Great Black-backed Gull* I.uru.r marinu.r S4 X X X X Roseate Tern** .Sterna dnugallii dougallii S1B$ X X Common Tcrn** .Sterna hirundn S3B$ X X Forster s Tern Sterna forrteri 51$ X X Razorbill Alca tnrda SNRN$ X X Rock Pigeon Columba Livia SNA X X Mourning Dove* 7.enaida macroura SS X X X X Black-billed Cuckoo CoccytsrJ erytbropthalmuJ SS$ X Yellow-billed Cuckoo Coccy.~uJ americanuJ SS X X X Barn Owl Tytn alba S1S2$ Northern Saw-whet Owl AegoliuJ acadicuJ 53 Chimney Swift* Chaetura pela~ica SS X X Ruby-throated Hummingbird Archilochur colubrtir SS X X Belted Kingfisher* Ceryle alcyon SS X X X Red-bellied Woodpecker* MelanerpeJ camlinuJ SS X X X X Yellow-bellied Sapsucker Sphyrapieu.r variuJ SS X 51 New York Natural Heritage Program Common name Scientific name S-rank Sp Su Fa Wi Downy Woodpecker* Picoide.rpubercenr SS X X X X Hairy Woodpecker Picadde.r villorur SS X Northern Flicker* Colapter auratur SS X X X X Eastern Wood-Pewee Conlopur virenr SS X X Yellow-bellied Flycatcher Empidonaxflaviventrir S3 X A1dec Flycatcher 1-smpidonax alnonrm SS X Willow Flycatcher* 1 smpidnnax traillii SS$ X X Least Flycatcher L'mpidonaxminimur SS X Eastern Phoebe* Sayornir phoebe SS X X X Ash-throated Flycatcher Myiarchur cinerarcenr SNA X Great Crested Flycatcher Myiarchur crinitur 55 X X Eas[em Kingbixd* T yranuur tyrannur SS X X Purple Martin Prngne ruble' S4 X X Tree Swallow* T achycineto bicolor SS X X X X Noxthem Rough-winged Swallow* Stelgidopteryx.rerripenni.r SS X X Bank Swallow* Riparia riparia SS X X Cliff Swallow Petrochelidon pyrrhonota SS Bam Swallow* Hirundo ra.rtica S5 X X Blue Jay Cyanocitta crzrtata SS X X X X American Crow* Corvu.r brachyrlynebor SS X X X X Black-capped Chickadec* Poecile atncapilla SS X X X X Tufted Titmousc* Baeolopbu.r bicolor SS X X X X Red-breasted Nuthatch Sitta canadenrir SS X X White-breasted Nuthatch* S'itta carolinenrir SS X X X X Brown Crecpex Certhia amencana SS X X Carolina Wxen* Thryolbotu.r ludnvicianur SS X X X X I Iouse Wxen* Troglodyter aedon SS X X X X Winter Wxen Tro~lodyte.r bngladyter SS X X Mush Wren Cirtothorurpalurtri.r SS X X Golden-crowned Kinglet ReGulur ratrapa SS X X Ruby-crowned Kinglet Requlu.r calendula S3 X Blue-gray Gnatcatchex Polioptila caerulea SS X Eastern Bluebird* .Sialia rialir SS X X Veery ~afharu.r ~urcercenr SS X X HcxmitThrush Catharurgultatur SS X X Wood Thrash Hylocichla murlelina SS$ X X American Robin* Turdur migratoriur SS X X X X Gray Catbird* Dumetelda camlinen.rir S5 X X X X NoxthcxnMockingbixd* Mimurpolyglotto.r SS X X X X Brown Thrasher* Toxortoma rufum S3S4$ X X X X Cedar Waewing* Qomhycillu cedrorum SS X X X European Starling* Sturnur vulgarir SNA X X X X White-eyed Vireo* Vireogrireur S4 X X Blue-headed Vireo Vireo.rolitariur S5 X Red-eyed Vireo* Vireo odivaceur SS X X Blue-winged Warbler* Vermivora pinur SS$ X Tennessee Waxblec Vermivora peregrina S2$ X Nashville Waxblex Vermivora rrrficapilla SS X X X 52 9 New York Natural Heritage Program Common name Scientific name S-rank Sp Su Fa Wi Northern Pamla Parula americana 5354 X X Yellow Warbler* Dendroica petechia SS X X Chestnut-sided Wazblex Dendroica penrylvanlca SS X X Magnolia Warbler Dendroica magnolia SS X Cape May Warbler Dendroica tigrxna S2$ X Black-throated Blue Wazblex Dendroica caenrlercenr SS$ X X Yellow-tamped Wazblex Dendroica caronata SS X X X X Black-throated Green Wazblex Dendroica uirenr SS X Rlackbumian Warbler Dendroieajurca SS X Pine Warbler Deudroica plnur S5 X X Prairie Wazblcr Dendroica dirmlor S5$ X X Palm Wazblex Dendroica palmarum S2S3 X X Blackpoll Wazblex Dendroica rtriata S3 X X X Black-and-white Warbler Muiotilta varia SS X American Redstazt* .Setopbaga ruticilla SS X X Common Yellowthxoat* Geodblypir trichar SS X X X Wilson's Wazblcr Wilronia pu.rilla SNA X X Scazlct Tanagcx Piranga olivacea SS$ X Northern Cazdinal* Cardinali~ cardinali.r SS X X X X Rose-breasted Grosbeak Pheucticur ludovicianur SS X Indigo Bunting* Pa.uerina cyanea SS X Eastern Towhee* Pipilo erythrophthadmu,r SS X X X X American Tree Sparrow Spitiella arborea S4 X X Chipping Spazrow* Spizella parrerina SS X X X Field Sparrow Spi~ellapurilla SS X X X Vesper Sparrow Pnoecetergramineur S3$ X X Savannah Sparrow Par.rerntlu,r .randwichenrir SS X X X Fox Spazrow Pm~rerelda iliaca SNRN X Song Spazrow* Melo.rpitia meladia SS X X X X Lincoln's Spazrow Melo.rpitia lincolnii S4 X X Swamp Sparrow Meln.ipitiagenrgiana SS X X X White-throated Sparrow Zouotricbia albicollu SS X X X White-crownedSpaxxow Zonotricbialeucopbryr SNRN X Dark-eyed Junco ]umo hyemalir SS X X X Snow Bunting Plectropbeucrx nivalir SSN X X Bobolink Dalichnnya nry.~norur SS$ X X Red-winged Blaekbitd* ~gelaiu.r phoeniceur SS X X X X Eastern Meadowlark .Sturnella magna SS$ X X Common Graekle* „~uircalu.r guircula SS X X X X Brown-headed Cowbird* Mnlnthrur Ater SS X X X X Orchard Oriole* Ieteru.r.rpuriur S4 X X Baltimore Oxiole* Icterurgalbula SS X X X Purple Finch Carpndacu.rpurpureu.r SS X X House Fineh* Carpndacur mexicanur SNA X X X X Common Redpoll Cardueli.r fdammea SNRN X Pine Siskin Cardueli~~ pinu.r SS X American Goldfineh* Carduelir tri.rtir SS X X X X 53 ~y ~ New York Natural Heritage Program c ~ ~ Common name Scientific name S-rank Sp Su Fa Wi IIousc Sparrow* Par.rerdome.rticur SNA X X * Curren[-day Ureeder Met the criteria Ear confirmed or probable Ureeding in recent surveys Uut most likely nesting off the island t I-Iistorical breeder $ Speeics of Greatest Conservation Need 54 r3/ ~ New York Natural Heritage Program Appendix C: Conservation guides NY Natural Heritage conservation guides are available online at httT:/// g_uides.nynhp.ore/. A compendium of guides fox all natural communities and all Heritage-tracked species documented on Plum Island is available upon request. 55 New York Natural I Ieritage Program RECEIVED IIAY 7 ZOp Southold Tawn Clerk Save the Sound`- A pi~^4aa ~ , ~r<-r May 7, 2013 Supervisor Scott Russell Southold Town Boazd Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Local Law 2013, "A Local Law In Relation to the Marine QI) District and Plum Island Zoning" Dear Supervisor Russell and members of the Southold Town Board: Save the Sound (STS) appreciates the opportunity to comment on the proposed zoning for Plum Island. As set forth in the statement of purpose, the "Plum Island Research District is intended to encourage the use of the island for research and educational opportunities and provide quality employment opportunities, and to preserve Plum Island's regionally significant natural historic and scenic resources. The Purpose of the Plum Island Conservation District is intended to preserve the integrity of the regionally significant natural historic and scenic resources of Plum Island." Save the Sound wholeheartedly supports both of these goals and commends the town of Southold for taking this important proactive step to preserve Plum Island for future generations. I. Introduction The proposed zoning has been made necessary by the intended sale of Plum Island out of federal government ownership pursuant to the Consolidated Security, Disaster Assistance and Continuing Appropriations Act of 2009 ("Appropriations Act"). Save the Sound strongly believes the most appropriate disposition of the island is the transfer the island to another federal agency such as the US Fish and Wildlife Service, through which it could be made a part of the National Wildlife Refuge System. In the alternative, we believe that the General Services Administration should condition any future sale in a way that preserves Plum Island's hundreds of acres of habitats and open space. However, should those federal Save the Sound, a program of CFE 142 Temple Street, Suite 305 • New Haven. Connecticut 06510 • (203) 787-0646 www. savethesound. org o~p~io s fa as ort, Southold's pending zoning would provide a safety net for the islands wildlife and coastal systems, and it is a welcome and positive step towazds ensuring Plum Island's natural resources aze pr'gtected should a transfer to private interests ultimately occur. Save the Sound does, however, have several suggestions that we believe will make the proposed zoning ordinance even more effective in achieving its stated goals. II. Plum Island Overview Plum Island is an 840-acre island located approximately 1.5 miles off the northeast tip of Orient Point, Long Island, New York. (U.S. General Services Administration Draft Environmental Impact Statement (DEIS) at 1-2). It is the former home of the U.S. Army's Fort Terry and was transferred to the U.S. Department of Agriculture ("USDA") in 1954 to establish a reseazch facility for foot-and-mouth disease. (DEIS at 1-2). In 2003, it was transferred to the DHS, which now operates the Plum Island Animal Disease Center ("PIADC") on the island, in cooperation with the USDA. (DEIS at 1-5). The PIADC is comprised of buildings, industrial facilities and equipment, roadways, utilities, a water treatment plant, and specialized facilities. (DEIS at 1-2). Additional resources on Plum Island include natural undeveloped land, the Plum Island Lighthouse constructed in 1869, and buildings and structures associated with the former Fort Terry. (DEIS at 1-2). The DHS also owns and operates transportation assets and a 9.5-acre facility to support PIADC at Orient Point, New York, which includes buildings, utilities, and ferry docking facilities. (DEIS at 1-2). The total developed and maintained azea of Plum Island comprises approximately 170 acres. (DEIS at 3-3). This includes 35 acres associated with the PIADC and its transportation and support facilities (DEIS at 3-3) and approximately 30 acres associated with the former Fort Terry. (DEIS at 3-3). Undeveloped portions of Plum Island include 634 acres comprised of 437 acres of upland forests, 96 acres of freshwater wetlands and 101 acres of beach dune systems. (DEIS at 3-3). In 2006, Plum Island was designated a Long Island Sound Stewardship site by the Long Island Sound Study ("LISS"), under the authority of the federal Clean Water Act, indicating a strong governmental and public interest in the conservation of the undeveloped natural resources of the Save the Sound, a program ofCFE 2 142 Temple Street, Suite 305 • New Haven. Connecticut 06570 • (203) 787-0646 www. sa vethesound. org island. The Stewardship Initiative Atlas identifies Plum Island as containing important ecological components. ~ Plum Is]and has also been recognized as an important coastal resource pursuant to the Coastal Barrier Resources Act? The Congressional purpose of that Act is to "minimize the loss of human life, wasteful expenditure of Federal revenues, and the damage to fish, wildlife, and other natural resources associated with the coastal barriers along the Atlantic and Gulf coasts and along the shore areas of the Great Lakes by restricting future Federal expenditures and financial assistance which have the effect of encouraging development of coastal barriers and by considering the means and measures by which the long-term conservation of these fish, wildlife, and other natural resources may be achieved."3 Further, Audubon New York ornithologists have documented over 100 bird species on the island and adjacent coastal waters, and the island has been designated as critical bird habitat through Audubon New York's Important Bird Area designation.4 In 2009, seven active Osprey nests and an active colony of Bank Swallow, a declining bird species in New York, were noted.5 Piping Plovers, a federally threatened species, use the shoreline habitat for breeding and foraging.b Several dozen Roseate Terns, a federally endangered species, and several hundred Common Terns, a New York State threatened species, also use the island ~ The USFWS has identified a host of important habitat functions and federal and state designations recognizing the ecological value of Plum Island and its adjacent waters. Specifically, the USFWS highlighted recognition of the site as: ~ Long Island Sound Stewardship Initiative 2006 Stewardship Atlas, (2006), http://www roa ors/t~df/[.ISPDF book vFinal 9 13a web ~df. z 16 U.S.C. 3501 et seq. ' Id. Orient Point to Plum Island Conservation Committee, Conservation Strategies for the Orient Point to Plum Island Important Bird Area, Tune 2009, http://ny.audubon ore/PDFs/OPPIConservationPlanPINAL_pdf. 5 /d. e ld. /d. Save the Sound, a program of CFE 3 142 Temple Sfreet, Suite 305 • New Haven. Connecticut 06510. (203) 767-0646 www. sa vethesoun d. org • Orient Point -Islands Complex Significant Fish and Wildlife Habitat (USFWS 1991)8 • Audubon New York Orient Point and Plum Island Important Bird Area • Long Island Sound National Estuary Program "Plum, Little, and Great Gull Islands Stewazdship Area" • Plum Gut Significant Coastal Fish and Wildlife Habitat (New York Department of State ("NY DOS") Division of Coastal Resources); and • Part of the USFWS Coastal Barrier Resource system, unit numbers NY-24 and NY-25. The value of the ecologically interconnected chain of islands in this azea of Long Island Sound has been recognized as providing unique opportunities for collaborative natural resource management. The USFWS' Long Island National Wildlife Refuge Complex was founded in order to "conserve, manage, and where appropriate, restore wildlife and plant species and their habitat for the benefit of present and future Americans."9 The USFWS noted their ongoing efforts to encourage Least and Roseate Tern nesting at the recently acquired Gazdiner's Point Island, referring to the island's proximate location to both Plum and Gazdiners Island and underscoring the tremendous wildlife and habitat potential of all three islands.10 In light of these designations, and as a unique part of the Long Island Sound landscape, the permanent conservation of Plum Island is critical. The USFWS has been steadfast in their opinion that the appropriate alternative pursuant to the EIS is one that fully explores "the alternative of adding Plum Island to the National Wildlife Refuge System [though inter-agency transfer or nominal inter-agency sale] or to otherwise protect it as a wildlife sanctuazy."t t III. Local Law 2013, "A Local Law In Relation to the Marine (II) District and Plum Island Zoning" As a preliminazy matter, we note that the total acreage between the two zoning districts proposed for Plum Island is stated as 775 acres (175 acres for the Research District and 600 acres for the Conservation District). However, it is our understanding that Plum Island is 840 acres.12 That leaves 65 acres unaccounted for. What accounts for this apparent discrepancy between the acreage of the two proposed zoning district and the total acreage of the island? e The USFWS highlighted that this Habitat Complex "underscores its high value for nesting colonies of piping plover and leas[ [ern ...and colonial wading bird rookeries of black-crowned nigh[ heron ...and great egret." USFWS Letter to GSA dated June l6, 2010. 9 USFWS letter to GSA dated June 16, 2010. 10 /d. u /d. DEIS at 3-3. 4 Save the Sound, a program of CFE 142 Temple Street, Suite 305 • New Haven. Connecticut 06510 • (203) 787-0646 www.savethesound. org A. Plum Island Research District Summary of Recommendations (1) Establish a prohibition on the disturbance or removal of vegetation similar to that in the PIC District (2) Impose conditions on the siting of solar installations sufficient to ensure protection of natural resources within the district with an emphasis on runoff and drainage. Discussion Article XXXI establishes a Plum Island Research District (PIR) that encompasses approximately 175 acres of the northeastern portion of the island. That area is currently occupied by the Plum Island Animal Disease Center (PIADC) campus, the docking facilities serving the PIADC and several associated buildings. Save the Sound supports the adaptive reuse of the currently developed footprint within the PIR. Save the Sound also supports the contemplated uses which the proposed zoning classification would permit: (1) research laboratories, (2) educational facilities, and, by special exception of the Board of Appeals, (3) solar energy generation or (4) a museum housed in a designated historic landmark, such as the Plum Island Lighthouse. We do, however, have some concern regarding the scale of the allowable solar generation. Section B permits, by Special Exception of the Board of Appeals, the installation of solar generation equipment and facilities in excess of that needed to provide power for the otherwise permitted uses in the PIR. Section D establishes the Bulk Schedule of the PIC. The proposed Bulk Schedule would allow solar installations to cover up to 50 percent of the buildable area within the 175 acre PIR. is Section 280-4 of the Southold Town Code defines "buildable land" as the "area of a lot or parcel, not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary duns, or underwater lands.14 t3 Note: Section D does not appear to establish allowable impervious surface coverage within the PIR. Does the Town Board propose to establish standards to respect to impervious surface within the PIR distinct form the allowable lot coverage calculation? 14 The terms "wetlands," "beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "costal erosion hazard area line," primary dunes," and 5 Save the Sound, a program o/CFE 142 Temple Street, Suite 305 • New Haven. Connecticut 06510 • (203J 787-0646 www. savethesound. org At this stage Save the Sound does not have information with respect to the extent of wetlands within the proposed PII2, nor the calculation of how much of the coastal azea might fall within the definition of a beach/dune system or other applicable exclusions from the calculation of buildable land. Assuming ninety percent of the PIR might fall within the definition of buildable land, that would yield a potential installation covering 78.75 acres. This amounts to 2.25 times the area currently occupied by the PIADC campus, ferry terminal and wazehouse buildings combined. is Would such a large solaz installation require the clearing of additional vegetation to meet this lot coverage? As noted, Save the Sound supports the adaptive reuse of the existing development footprint within the PIR, but we are concerned about the potential for expansion beyond that footprint under the Special Exception allowable for solaz installations. To that end, we recommend adopting the same lanettaQe for the PIR found in the Plum Island Conservation District with respect to disturbance of ve etg ation• Specifically, Section D of Article XXXII provides: Vegetation shall not be disturbed. Where noxious or invasive plants aze overtaking native fauna or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants; 2. an application fee of $100; 3. The Planning Boazd shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4. The Town Board shall hear appeals or shall designate a person or body to heaz appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. "secondazy dunes" shall have the meanings set forth in Chapter 111, Coastal Erosion Hazazd Areas, of the Town Code. is 78.75 acres within the PIR and 80.6 acres within the PIC. 6 Save the Sound, a program of CFE 142 Temple Street, Suite 306 • New Haven. Connecticut 06510 • (203) 787-0646 www. savethesound. org We recognize that, according to the DIES, developed and/or maintained areas comprise approximately 170 acres on the island.lb The specified development footprints of the PIADC and Fort Terry complexes are given as a combined total of 65 acres.l~ That leaves 105 acres of disturbed land unaccounted for. It is therefore possible that the majority of the combined allowable solar coverage of approximately 160 acres between the two zoning districts could be sited within the currently developed and/or maintained acreage depending on the siting of the installations. It appears from the language of Section (B) (1) that additional conditions aze to be placed on solaz installations but those conditions appear to have been omitted from the draft regulations. Appropriate conditions, including a thorough independent evaluation of the potential adverse impacts to flora and fauna resulting from a proposed solar installation and appropriate mitigation measures, might allay these concerns. Given the extensive lot coverage permitted for solar installations, we would emphasize the need to ensure that the installations are designed in such a way as to not substantially alter runoff or drainage from the site. [See the discussion of conditions on solar installations within the PIC, below, for a more detailed list]. B. Plum Island Conservation District Summary of Recommendations (1) Impose conditions on the siting of solar installations sufficient to ensure protection of natural resources within the district. These conditions should (1) include an Environmental Impact Review, (2) establish a maximum allowable height, (3) provide for wildlife passage, (4)require that construction and operation is undertaken in a manner that preserves existing natural features, minimizes soil disturbance and does not alter runoff or drainage from the site, and (5) require a site restoration plan that describes how the solar-use site will be restored to the same general condition that existed at the time of approval of the Special Exception should the solar installation cease operations. DEIS at 3-3. ~ ~ /d. 7 Save the Sound, a program of CFE 142 Temple Street, Suite 305 • New Haven. Connecticut 06510 • (203) 787-0646 wwwsavethesound.org Discussion Article XXII establishes the Plum Island Conservation District (PIC) that encompasses approximately 600 acres of the southern, central and western portions of the island. That area includes 30 acres currently occupied by the former Fort Terry cantonment azea, parade ground and scattered vacant buildings and batteries associated with its former military operations. Save the Sound supports the conservation of this area through the proposed zoning, which would limit the permitted uses within the PIC use as (1) a nature preserve, (2) a public pazk for passive recreation, (3) educational facilities related to the study of natural resources, or (4) a museum housed in an existing designated historic landmark Once again, however, we have some concern regarding the scale of the allowable solaz generation contemplated by the proposed zoning ordinance. Section B permits, by Special Exception of the Board of Appeals, the installation of solar generation equipment and facilities in excess of that needed to provide power for the otherwise permitted uses in the PIC. Section D establishes the Bulk Schedule of the PIC. The proposed Bulk Schedule would allow solar installations to cover up to 20 percent of the buildable area within the 600 acre PIC. It would also allow impervious surface to cover up to 20 percent of the buildable land in the PIC. Section 280-4 of the Southold Town Code defines "buildable land" as the "area of a lot or parcel, not including the squaze footage of tidal and freshwater wetlands, land seawazd of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary duns, or underwater lands.18 Plum Island contains approximately 96 acres of freshwater wetlands and 101 acres of beach/dune systems.19 Subtracting that acreage from the 600 acre PIC leaves approximately 403 acres that might fall within the definition of buildable land (although it is possible that lands falling within the coastal erosion hazard line might diminish this total). If we apply the 20 percent lot coverage/impervious surface allowance to that remaining property, it would allow for solar to The terms "wetlands," "beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "costal erosion hazazd area line," primary dunes," and "secondary dunes" shall have the meanings set forth in Chapter 111, Coastal Erosion Hazazd Areas, of the Town Code. to DEIS at 3-3. g Save the Sound, a program of CFE 142 Temple Street, Suite 305 • New Haven. Connecticut 06510 • (203) 787-0646 www. sa vetheso un d. org installations on approximately 80.6 acres of land within the PIC, or more than 2.5 times the azea currently occupied by the entire Fort Terry complex. Save the Sound respectfully suggests that any solar installation of the scale permitted under the current proposed zoning is likely to either require additional clearing of land, which is expressly prohibited by Section D of Article XXXII ("All uses in this District shall be subject to the following: Vegetation shall not be disturbed or may otherwise result in adverse impacts to sensitive flora and fauna. As noted above in our discussion of the potential solar potential in the PIR, we recognize that, according to the DEIS, developed and/or maintained areas comprise approximately 170 acres on the island.'0 The specified development footprints of the PIADC and Fort Terry complexes aze cited as a combined total of 65 acres zt That leaves 105 acres of disturbed land unaccounted for. It is therefore possible that the majority of the combined allowable solar coverage of approximately 160 acres between the two zoning districts could be sited within the currently developed and/or maintained acreage depending on the siting of the installations. The former Fort Terry, including the parade ground, occupies approximately 30 acres near the central section of Plum Island. That area is currently cleazed and may be suitable for some level of solar installation. We would recommend, however, that any application for a special permit to install a solar field in this area include a rigorous analysis of the potential impacts to indigenous wildlife as well as any adverse impacts to local flora on the island. It appears from the language of Section (B) (1) that additional conditions are to be placed on solar installations but those conditions appear to have been omitted from the draft regulations. Annronriate conditions on the siting of commercial solar installations should include: (1) Environmental Impact Review. Any application for a Special Exception for a solar generating installation shall be subject to a thorough independent evaluation of the potential adverse impacts to flora and fauna resulting from a proposed solar installation and an 20 DEIS at 3-3 ' ~ /d. 9 Save the Sound, a program of CFE 142 Temple Street, Suite 305 • New Haven. Connecticut 06510 • (203) 787-0646 www.savethesound. org independent evaluation of appropriate mitigation measures. The Board of Appeals may retain its own experts to conduct an independent environmental review at cost to the applicant. (2) Height. Solaz installations shall not exceed [an appropriate height limitation.],zz (3) Wildlife Passage. In areas identified as containing important wildlife habitat, the facility shall be designed to allow continued use of the site for wildlife habitat and migration across the site 23 (4) Construction and Operation. Placement of solar panels shall be based on preserving existing natural features. The design, construction and operation of the facility shall minimize soil disturbance to the maximum extent possible, and shall not substantially alter runoff or drainage from the site. (5) Site Restoration. The application for a Special Exception for a solar installation shall include a site restoration plan that describes how the solar-use site will be restored to the same general condition that existed at the time of approval of the Special Exception should the solar installation cease operations. The proposed site restoration plan shall describe the procedures to be used to restore the solaz-use site to its prior general condition including, but not limited to, regrading, revegetation, and storage and removal of structures and equipment. We believe that appropriate conditions, such as those set forth above, on the siting of solar installations within the PIC is essential to ensuring that the purpose of the zone is met. IV. CONCLUSION In conclusion, and notwithstanding the concerns expressed above, we applaud the town of Southold for its vision and commitment to taking the appropriate steps to ensure that Plum Island's rich cultural, historical and environmental legacy will be preserved for future generations. Respectfully Submitted, Chazles J. Rothenberger zz In its review of municipal ordinances governing the installation of commercial solaz installations, Save the Sound found height limitations ranging from 8 fee[ to 35 feet. Given the paz[iculars of Plum Island and its viewshed, we recommend a conservative height limitation on the shorter side of [he spectrum. zs See ORDINANCE NO. NS-1200.331, AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA AMENDING APPENDIX I OF THE COUNTY OF SANTA CLARA ORDINANCE CODE RELATED TO COMMERCIAL SOLAR ENERGY CONVERSION SYSTEMS. 10 Save the Sound, a program of CFE 142 Temple Street, Suite 305 • New Haven. Connecticut 06510 • (203) 787-0646 www.savethesound. org Comments of Town Trustee John Bredemeyer in Relation to the Proposed Zoning of Plum Island May 7, 2013 1) There may exist significant Southold Town Trustee holdings on Plum Island obscured by historic land use and abuse there that has altered the landscape and obstructed the natural flow of waters. While in colonial times mills and restrictions to water flow likely occurred at the entrance to every major creek in Southold Town, they were largely extant by the late 19u' century. However, successive owners of Plum Island seem to have maintained flow restrictions that have seriously impacted the island's "Great Marsh", which is really a creek system. Major scraping and a system of roads and docking facilities that appear to block the natural flow of waters can be seen on nearly all aerial maps. Absent a showing of a quit claim deed from a predecessor Board of Trustees to prior Plum Island owner(s), these heretofore unmapped public lands and waters are part of Southold Town's natural heritage and public Trust, with special benefits accruing only to us, like primal rights to shellfish beds. Consideration of the best use of these lands, waters and their rehabilitation is a Trust obligation of the Town Trustees, especially if the Federal benefit to all US citizens is coming to an end with the potential sale to third party and non-governmental entities. To date GSA has not addressed this issue. As the natural flow of waters and mean high water typically delineates such boundaries, should not the planning process and any zoning map delineate all such potential Trustee lands so any third party purchaser would be put on notice? At a minimum, should not any map promulgated by the Town include the term: "Lands now or formerly of the Southold Town Trustees"?...please see the attached sent under my hand to the GSA as a comment to their draft EIS on October 26, 2012. 2)Should not any zoning map and the boundaries promulgated thereto be tied to Southold Town independently verifying claims by DHS/USDA that biological/chemical/radiological contamination will not lead to liabilities for the Town in the future. Shouldn't there exist a Town designated functionary with a sumcicnuy lilgll sccuil~y cic,<lt eui~c level w c~uuuuulca~c Atli cci.ly wl~li Icilci al agencies to properly vet claQlis relating to the ongoing chemical/biological/radiological clean up and secure answers to questions from our residents, local elected officials and their legal representatives going forward? In contemplating these questions, please consider how the Federal Government left the Island of Vieques, Puerto Rico, as reported only this week by the AP in a copyrighted news story on May 1, 2013 and in an open source article by democracynow.org attached hereto. 3)Should not approval of any zoning map wait until information relating to use restrictions of future inhabitants that might be disclosed in any FEIS/federal regulation be able to be zoned/mapped. Especially as it might restrict tore inhabitants keeping pets and livestock and require prophylactic deer ECEIVED management. S . MAY 7 2013 Thank you for considering the forgoing. John Bredemeyer 5/7/ 13 Southold Tawn Clerk ~A~j~~s o~~/~~irl~redc~yc'' ~m4~~ G.TA -The Southold Town Trustees hold title to lands within Southold Town comprising over 2000 acres of lands and lands under water, including but not limited to: wetlands,creeks, bays, lakes, streams and ponds. The Town's Colonial Charter "Andros Patent" makes spedfic reference to Pium Island: "...together with the said Island, Plum.. An act of the NYS Legislature further clarified the Trustees rights in these lands by virtue of the NYS Laws of 1893 wherein the Trustees, as the beneficial owners on behalf of the residents of the Town, hold exclusive right to "...manage, lease and convey title to such lands they hold by virtue of their Colonial Patent° The Board of Town Trustees presently enforces provisions of NYS Town Law and NYS Conservation Law relating to Wetlands, Coastal Erosion and Placement of Structures on Trustee lands. Absent a quit claim deed(s) or other grant or conveyance that heretofore may have been granted by the Trustees to prior owners on Plum Island, ft remains that title to significant acreage of land and lands underwater on the said island may remain in benefiaal public ownership of the Trustees on behalf of the residents of the Town for their use and enjoyment. The DEIS fails to provide copies of historic maps that are referenced in the doaiment that may disclose key information to these potential holdings. Furthermore, a complete history of land use activities that have taken place that may have aRered and or contaminated or otherwise diminished the holdings of the People of Southold is lacking. Major federal infrastructure may presently located on such lands. The Trustees and the People of the Town should not suffer the sale of lands that may potentially improperly comport ownership to third parties with out considerable public discourse and additional opportunity for comment by the residents. Reprint of May 2, 2013 online: Democracynow.org Punishing Vieques: Puerto Rico Struggles With Contamination 10 Years After Activists Expel U.S. Navy Un the Puerto Rican island of Vieques, thousands are commemorating the 10th anniversary of when the U.S. Naw stopped using their home as a bombing range. Since the 1940s. the Naw used nearly three-quarters of the island for bombingpractice, wurgames and dumping old munitions. The bombing stopped after campaign of nonviolent civil disobedience, but the island continues to suffer. At the current cleanup rate. the Naw aqua. it will take unti12025 to remove all the environmental damage left by more than 60 years of target practice. A fisherman recently discovered a giant unexploded bomb underwater. The island of about 10.000 people also lacks a hospital to treat illnesses snch as asthma and cancer that may be attributed to the military's former bombing activity. "We believe the military is really not interested in cleaning up Vieques and rather interested in continping to punish Vieques for having thrown the U.5. Navy out in 2003," says Robert Rabin of the Committee for the Rescue and Development of Vieques. "This is a process that we believe is happening with no real supervision, no genuine community_particigation." We also speak to Rep. Jose Serrano of New York. a native Puerto Rican. JUAN GONZALEZ: We turn now to Vieques, the tiny island off the eastern coast of Puerto Rico where thousands are commemorating the 10th anniversary of when the U.S. Naves stopped using their island as a bombing range. Since the 1940x. the Naw used nearly three-quartets of the island for bombing practice. waz eames and dumpin¢ of old munitions. Resistance to the bombin¢ reached a turningpoint in 1999 when a Marine pilot missed his tazget and dropped two 500-pound bombs that killed a civilian security euazd. A campaiffi of nonviolent civil disobedience eventually forced the Naw to close the facility. This is how Democracy Now! reported on the end of the bombing on May 1st 2003. when we spoke with Rosa Clemente, then a regorter for Free Speech Radio News. ROSA CLEMENTE: It was an excifing and a joyous moment for the people of Vieques, Puerto Rico. but I think for all the people who struggled, wherever those people may be. to get the U.S. Navy to leave, and for people all over the world to see a victory and to claim that victory. So it was an amazine moment and there were thousands upon thousands of people from all over the world that were there celebrating with the people of Vieques. Puerto Rico. But with that celebration. there's also a caution. And that caution. I think comes from the transfer of the land to the U.S. Department of Interior as opposed to avine the land back to the people of Vieques and. in an essence.glving the people of Vieques their r~arations And those reparations need to come b~givine the people back their land and also by the U.S. government doing intensive. massive cleanup of the land. that has depleted uranium. napalm, and God knows what other contaminants that continue to kill the people, and particulazly in Vieques. Puerto Rico. A_ _MI' GOODMAN: That was Mav 1st, 2003. Well. 10 years later. Vieques continues to suffer fmm a slow cleanup process. The island of about 10.000 people also lacks a hospital to treat illnesses such as asthma and cancer. that many attribute to the military's former bomb'ni_g activity For more, we're joined here in New York by Congressmember Jose Serrano. who has been one of Reprint of May 2, 2013 online: Democracynow.org the Congress's most vocal critics of the actions of the U.S. military in Vieques. He represents the 15th Cong,Fessional District of New York in the Bronx, born in Mava¢iiez, Puerto Rico. And joining us from Vieques via Democracy Now! video stream is Robert Rabin, longtime activist. founding, member of the Committee for the Rescue and Development of V ieques. spent six months in prison for participating in the mass civil disobedience campaien that helped pressure the Naw to end its bombing exercises- Robert, let's start with you in Vieques What's haQpenintz today on this 10th anniversar~of the successful campaitm to stop the U.S. Naw bombing it" ROBERT RABIhi: Buenos dial. Amy. Good momin~ Today we aze celebratine and remembering and reorganizing the forces here in Vieques. We're remembering an enormous victory Mav 1st 2003 The people of Vieques and the Puerto Rican nation. in the azchipelago and in the diaspora. with he1Q from thousands of people throughout the world. peace-lovingpeople without ~ a single shot defeated the most powerful military force in history. But 10 years later, we continue to suffer the effects of the toxic legacy-hiehest cancer case rates in all of Puerto Rico Vieques is a small poor island with no hospital seriousproblems economic and social Qroblems So we are aoain remembering this enormous victory but still strueeline to make-pressure the government in Puerto Rico and the federal govemment to be responsible for the horrific ecoloeical and health disaster created by half a century of U.S. military activi here. JUAN GONZALEZ• And. Robert I want to ask you about the cleanup In my cotuum in today's Daily News we run a picture of an undetonated bomb that was found by fishermen recently in 80 feet of water offof Vieques. The militar,~sa sv it's spent already about $180 million. the most e~nsive cleanup in its history But vet so much of the waters are still contaminated with all of these unexploded munitions. Your sense of how that cleanup has been going? ROBERT RABIN: I would sugeest that most of that almost $200 million has ended up in the bank accounts of lame U.S. corporations hired by the Naw to do the cleanup. While the cleanup is taking-has taken over 10 years so faz they're only scratching the surface. This is a process that we believe is happening with no real supervision. no eenuine community participation. We believe the military is really not interested in cleaning up Vieques. and rather interested in continuing to punish Vieques for having thrown the U S Navy out in 2003 So we need to continue to pressure and eet the support from coneressmen, like Congressman Serrano N~iia VelSzquez and Luis Gutierrez and now also Congressman Alan Grayson from Florida. have taken u~this issue to helppush the federal~overnptent to be responsible for the ecological destruction done on Vieques as well as helping with the severe health crisis that resulted from these-from military toxics. JUAN GONZ.ALEZ: And. Congressman Jce Senano. what about the cleanup? You have been lobbying fiercely in Congress to Qet the money but Robert Rabin is saying some of that money is being wasted and is not really doing the job. REP JOSE SERRANO: We4 absolutely. Robert has a key word here that I was going to use. and he used it firer- which is "punishment " I reallysaw I believe the first code of years after that ' Reprint of May 2, 2013 online: Democracynow.org May 1st 10 vean~o that there was a resentment and by members of Congress, sort of "How dare you defeat the milit?ryv How dare you~ush us outs" and in the a inistration. And so it was very hard to get dollars In fact, we didn't crv over it but I think the closing of Roosevelt Roads was also sort of apunishment "Oh. yeah? WeL1-- you want that closed? Well we're eoine to close tlis one that has jobs and so on involved with it." And so, this- JUAN GONZALEZ• Both Roosevelt Roads and Fort Buchanan right? REP JOSE SERRANO• Exactly So there's been that sense: "How dare you do it?" Then there is the fact that in this country and perhaps throughout the world 10 years becomes a lone time. and people forget that there's a loss of memory of what happened there My understandingyesterdav I learned that less than S~ercent of the munitions have been removed. So we continue to Hush in the Appropriations Committee where I sit We continue to push the administration_ But there is a new emphasis now I'm seeing a new mobilization, similar to what I saw 10 veers ago or 15 veers ado to say "OK now the cleanup has to really take a serious role here." AMY GOODMAN- What about the issue of cancer? There was a study by Dr. Joree Colon of the Universiri of Puerto Rico that was based on parr samples of the people of Vieques He found 34 percent of th~pulation, about a third. had toxic levels of mercury. 55 percent contaminated with leacL 69 percent with arsenic 69 percent with cadmium. 90 percent with aluminum and antimony whose toxic effects are similar to arsenic poisoning These are all substances found in the ordnances used on the island. the bombs. REP JOSE SERRANO- Rieht and that was somethine that the activists in Vieques were ravine prior to the Naw eetting_out the fact that under the American flag. there was no place that had such a high incidence of cancer And then there was the correlation-or the lack of it-between the fact that the lareer island of Puerto Rico did not have the same rate as Vieques did. So_ obviously there's a relationship But when Xou're talking to the military the military you know. sort of at times wants to run its own country its own world, and just refuses to understand or react to what we want which is an immediate cleanup and a commitment Yesterday we spoke to the EPA folks and the~old us that the dedication is of $20 million a year. Well, $20 million of a fund then for Vi ues teq o participate in that fund-no we need a dedicated amount from the administration for Vieques and that's what we're pushine for. JUAN GONZALEZ• And does the cleanup include the oceans as well as the lands Because so faz all of the cleanup has been on land. REP JOSE SERRANO: It has to. because so much of it went into the water. So much went into it as part of the practice You know I'm not a military_person. but I know that part of it was flow to pet these things into the water and what effect it had So you have X amount on land- you have X amount on water But the fact that 10 veers later only 5 percent have been removed is an insult. But I eo back to the word 'banishment" I really believe there are still some people who don't care and others who say "How dare you kicked us out? You have to pay a price for that" AMY GOODMAN' In 2005 evidence emerged that the U S Navy_paid $1 7 million to a~rublic relations firm to increase support fora 2001 public referendum on whether the Naw should be allowed to keep use Vieques for live fire training Voters ended up overwhelming oalling_on the Navy to stop using the site even thoueh the Naw spent oh about $358 per referendum voter in their PR effort Accordinrr to doctunents obtained by Judicial Watch the Navy hired the Rendon Reprint of May 2, 2013 online: Democracynow.org Gtoup to, quote, "oreanize local leaders to build erassroots communications support ensure the integt~ty of the votingprocess develog methods and trackingprocedures to increase support among citizens." Robert Rabin. can you talk about this vote and the significance of the Naw spending the money in this wad ROBERT RABIN: Yes, Amv. The military tried intensely to get people in Vieques to vote for the continuation of bombing practices here durine that referendum. However. the overwhelming support of the community was just too much for the Naw. As you mentioned, the Navesspent millions of dollars. They gave out lots and lots of money to people as direct payments to people supposedly to start qP new businesses. They were just ~a ~~me people off to vote. And despite that. azound 30-we believe that the people of Vieques expressed themselves very cleazly. About 80 percent of the eligible voters participated in that referendum. and over 70 percent voted for the immediate and permanent cessation of military activity. So it was an overwhehnine victory despite Navy attempts and Navy use of millions of dollars to try to influence an elecfion-obviously something anti-constitutional, illegal. .TiJAN GONZALEZ: Robert I want to ask you about what's happened in economic developmenr on Vieques since the Nav~eft. In m~iscussions with Cacimar Zenon. a fisherman there, yesterday bvphone, he raised questions about the increase of land speculation. of North Americans who have moved to Vieques since the Navy left, and what the situation is for the economy of the fishermen and the residents of Vieques. ROBERT RABIN: Yes. Vieques is undergoine a severe process of gentrification displacement. poQulation substitution-thins that aze not uncommon to places like Vieques. beautiful places where ~ople with powerful economic interests or people with more economic power than the local population come in, buypropertv, begin to develop businesses. And we've been seeing this process in Vieques for decades. It certainly took off in a greater way after the Navy left Vieques. So, we need a lot of support from the government to help local business people, local people in Vieques. to develop their own businesses. There is a Vieques microbusiness incubator proiect that grew out of the struggle. directed by Nilda Medina here on Vieques. It's one of the only proiects that's reallxpushing to help_people from Vieques to take over some of the niches in the economy that haven't been taken over by people from outside. The difference between Vieques and other places where gentrification and speculation take place is that these processes that are so devastating for the local economy and local populations are ha~peuing on top of a half a century of U.S. military deeradation. environmental health degradation. and economic obstacles to development that went on while the U.S. Naw was here_ again, over half a century. in control of over 70 percent of Vieques' resources-its best lands, its most fertile lands. best aquifers, the highest points of the island_ the closest connecting_point to the main island in Puerto Rico. So the Navy_presence in Vieques not only was devastatine to the environment and the health, but also was a homfic obstacle to economic development on Vieques for half a century. There's a 1980 Puerto Rican government study that indicates Vieques lost approximately $100 million a veaz ongotential tourist development that could not takeplace on Vieques. miscompazed to the rest of Puerto Rico and the Virgin Islands close by AMY GOODMAN: Robert Rabin we want to thank you for being with us, longtime activist and founding member of the Committee for the Rescue and Development of Vieques spent six months in prison for participating in mass civil disobedience against the Navy bombing which ended 10 years ago this week. RECEIVED P-y k1AY 7 2013 PRESERVE PLUM ISLAND COALITION Southold Tawn fleck Mav 7, 2013 Honorable Scott Russell, Supervisor Members of the Southold "Town 13oard Southold Town IIall Southold, NY ll971 Dear Supervisor Russell and Members of the "Town Bo.vd: "Dhe Preserve Plum Island Coalition (PPIC) is a consortium of fifty-six conservation- minded individuals suul conservation, environmental, civic, surd business groups dlaC support preserving the si~liticant natural, culhn-al (includes pre-historic <uId histolid, ecological, .md scenic values of the 8~3-acre federally owned Plum Island. To best accomplish this goal, the Coalition strongly supports re[-.fining Plum Island in federal ownership and dedicating dIe undeveloped portions of the Isl:uxl as a ]National Wildlife Refuge. While we applaud the leadership shown by the Southold Town I3oard to use its coning and I.md use powers tI adequately protect the isluld's naRu-al atul culhual resources, we find it very uuforhmate die "Down of Sout}x>Id is forced to utilize its zoning and l~uxl use powers in the first place. We certainly recognize the "Down's need to do so, however, since Cont,~ess, has, to date, refused to safeguard the islalul by adopting federal legislation to reverse the sale of dIe island tI a private entity. We continue to be astonished by the tact that Congress passed le},~islation authorizing the sale of this publicly-held island and even insn-tu•ting its Gener~d Services Administl-ation to sell the islalul at auction to the highest bidder in contradiction to numerous well established federal policies. 'Dhe PPIC strongly supports the zoning prolx~sal put ti~rth by dIe Town of Southold. We ttlink the establishment of dIe two new zoning categories -the YIC and PIR Districts and dIe expulsion of uses in the Marine (II) District are appropriate and important steps to address l:uul use issues relating to Plum Island and the existing ferry facility at Orient We especially appreciate the "Down's clear recotmition of dIe nationally significant natural, culhlral, and historic resources lilund on Plum Isl-,uxl uttl its advancement of the proposed PO BOX 735 • HUNTINGTON~ NEW YORK 1 1743 • WWW.PR ESERVEPLUMISLAND.ORG ' PIC District which will ensure their long-term preservation. We strongly believe the "l'own Board's decision not t> include any of the more well-known zoning categories, which would permit residential, commercial, or industrial uses of the Island, is the correct one. Following are our more specific comments regarding certain aspects of the proposal that we respectfully request the Town consider as it moves [owsu•ds tinaluSng the proposal: I?xoansion of Plum Isluui Conservation District (PIC) PPIC recommends that approximately ;3.5 acres in and around the Plum Islaixl lightYuxsse, extending along the shoreline in both directions, on the sourti to the northern edge of the dock lacility and to the northeast to the western edge of the main laboratory facility, then inland to the paved road be removed from the PIR District and he added t> the PIC District. We also recommend die inclusion in the PIC suui removal from the PIR an area of approximately two acres northeast of the existing lahorato~y facility as this area consists of a maritime shrub-laiut as mapped by the NY Natsnl Heritage Program and included in their report "13iodiversity and I?cological Potential of Plum Island, NY" in May 2012.. "Phew prolx>sed modifications sine shown on the attached map entitled "Proposed iVloditication of the PIR suxl PIC %oning Districts, Plum Island, NY 5/7/1'3"), I?xpaixling the PIC District to include these additional areas will achieve several important, simultaneous goals -better protection of die historically signitiru~t suxl highly visible Plum [slaiul lighthouse, better protection of the smsill, isolated wetlaiul between the lighrluxsse and die docking Facility, potential protection of habitat ti>r a number of rare plant species, smd ensuring that vis•hsally sill of the natural, unsiltered sections of the Island's coastline are within the most protective zoning district If these changes su-e made the minimum lot area requirement. for the PIR of 175 awes will presumably need to be reduced accordingly. Solar l:nerey Production "1'lse establishment of solar energy facilities appes~rs to be a priority ti>r both the PIR and PIC Districts. If we are interExeting the language of the draft k>csil law correctly, Ilse Bulk Schedule regulations allows fix up to ,509 lot coverage tier solar energy installations in the PIR District said 209b lot coverage in the PIC District If employed to ttre maximum extent these schedules provide Eix 509& of the 175-acre PIR District to be covered with photovoltaic panels, affecting 87.5 acres, smdL09b of the fi00-acre PIC District to be covered, affecting 1l0 acres. In total this permits approximately 207 acres of the Islaiul to be covered with solar panels -approximately 259b of the entire islaixl. "Fo put the 207-acre figure in t>erspective it is larger than the 19,5 acres devoted to the single largest solar fsu•m cun-eutly on Long Island, at Brookhaven National I:aboratny. "fhe Coalition supports renewable clean energy production (through the use of solar panels) as a legitimate lwd use for the isluul; however, allowing up to 120 acres of vegeGrtion in the PIC District to be significantly altered, if not ouh'ight destroyed, is of great concern to us and appears to be i? direct conflict with the purpose fix the creation of the District, as stated in the proposed zoning ordinance: "to preserve the integrity of the ret,~onally significant natural, scenic ~uul Historic resources of Plum Island tier the benefit of die residents of the "l'own of Southold." Thus, we recommend that the use of solo' panels in rtie PIC be prohibited, except on die roofs of buildings amtixming to ttie 2'% lot coverage requirements for all other structures. Mre.ue "l'otals for "/.Doing Categories "('he minimum lot .u'ea required is 175 acres ti>r the PIR District and fi00 acres for the PIC District. "Phis totals 77.5 acres, the Island is approximately R~3 acres. Is there a reason why the acreage total of these two districts does not encompass the entire acreage of the island? Will die "Down exclude wetlands, beaches or steep slopes ti•om its lot u'ea c,dculationi' Has a calculation been done to estimate the RROSS su'ea within each of the proposed zoning districts ~md the "lot area" .LS it may be defined in the Southold ""/.Doing Code? "Po avoid the need fix lot ~u'ea variances and other problems in the fuR~re, if ti>r example the Island were to be subdivided into two parcels along the boundaries of the two zouing districts allowing each piece to be owned and/or m~maged by different entities, we surest that the Town Board reduce the minimum lot ~u•ca tier the PIR to 150 acres and the mininwm lot area for the PIC to 500 acres. In summary, PPIC believes the proposal by the 't'own Bo~u'd represents a major first step ti>rwu'd in protecting the highly valuable publicly owned assets on Plum Island. We applaud the "Down Board's vision, leadership and courage in taking the lead on establishing the ti~h~re land use on Plum Island We hope that you will consider and implement the changes PPIC is recommending to tiu'dier strengthen ~m already strong proposal. We stand willing to help the town in any way possible to enact the zoning measures and allow Plum Island to continue to function as die site for a world-class research lacility_ and a wildlife retiage of national signiticarx•e. Sincerely„; ~ ,pc~hn "turner <n~ behalf of PPIC \i ~J t ~ ~j { - - - - J _ ~ 1~ 3 ~ - _ .a a - c . _ ~ - - _ 1 : ; ~ _ ti _7 K r TY'r. } i ,p. t ~~I .-Ffe• '1 r 4A ' _ I . fn f p 1 1 ~ W , • a~~ P.. ~ ~.-..e.e=- - ' ~ Town of Southold : ~ Plum Island Proposed Zoning s ~ Zoning Boundaries ~ Map Prepared by Town of Southold GIS March 26, 2013 Aerial Photographs Taken From Spring 2010 Flight Scale: 1 inch equals 1400 feet ` Suffolk County Real Property Tax Service Agency GIS Basemap COPYRIGHT 2013. County of Suffolk. N Y. ' Southold Town Meeting Agenda -March 26, 2013 Page 30 2013-276 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set Public Hearing for May 7, 2013 at 7:32 PMfor a Local Law in Relation to the Marine (11) District and Plum Island Zoning WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26`h day of March, 2013, a Local Law entitled "A Local Law in relation to the Marine (III District and Plum Island Zonin¢" now, therefore, be it2 RESOLVED that the Town Board of the Town of Southold will hold a public heazing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 7th day of May, 2013, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zonine" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled "A Local Law in relation to the Marine QD District and Plum Island Zonina". BE IT ENACTED by the Town Boazd of the Town of Southold as follows: I. Purpose. The purpose of this local law is to create and establish zoning districts on Plum Island and to expand permitted uses in the Marine II District to accommodate necessary access to the Island. The Plum Island Reseazch District is intended to encourage the use of the island for reseazch and educational opportunities and ~ovide quality employment opportunities and to preserve Plum Island's regionally si¢nificant natural historic and scenic resources. The purpose of the Plum Island Conservation District is intended to preserve the integrity of the re ig onalltisienificant natural historic and scenic resources of Plum Island. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. IMPERVIOUS SURFACE -Impervious surfaces include all azeas where the ground is covered by a surface that interrupts or events rain from falling directly to the ground and percolating into the groundwater including but not limited to: roads, driveways. pazking lots, other pavement, buildings, and concrete pads. FERRY SERVICE -Passenger or auto/vehicle fenv using a single dock. If more than one dock ' Southold Town Meeting Agenda -March 26, 2013 Page 31 is present it shall constitute a separate and individual ferry service ARTICLE XIII Marine II (MII) District §280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses aze permitted as a special exception by the Boazd of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board. (2) Ferry terminals which meet the following standards: A ferry terminal shall have at least ten acres of buildable land in the MII Zone dedicated to each ferry service provided. (b) A ferry terminal shall have a staeine area for motor vehicles that enter an r auto/vehicle fem. The size of the staging area must accommodate the maximum number of cars queuing for the lazgest boat(s) and the busiest proposed schedule (a ferry service with no auto/vehicle ferry will not require a staging area). (c) A ferry terminal shall have a parking azea for passen eg rs (provide one pazking space per two~assengers) calculated in the following manner: (il Parking for passenger ferry(s) will be calculated by multiplying the capacity of the passenger ferry(sl by the maximum number of ferry trips per day, divided by two. (ii) Pazkin¢ for auto/vehicle feny(sl will be calculated by multipl~g the passen eg r capacity of the auto/vehicle ferry(sl by ] 0%, the product of which shall be multiplied by the maximum number of ferry trips per day, then divided by two. Article XXXI Plum Island Research District (PIR) &280-182. Puraose. The pumose of the Plum Island Research District is to encouraee the use of land for reseazch and educational opportunities provide quality employment opportunities and to preserve Plum Island's re ig orally significant natural, historic, scenic and cultural resources. &280-183. Use regulations. In the PIR District no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for andpurpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Research laboratories with multiple buildings allowed in a campus-style Southold Town Meeting Agenda -March 26, 2013 Page 32 development, subject to the following conditions: (a) The use shall not involve the handlin ,storage or dischar eg of explosives (b) No offensive noises. gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be dischazeed therefrom of a character to create a nuisance or to be injurious to health or to ne ag tively impact groundwater. (c) All sewage will be treated by a sewage treatment plant or similaz sewage treatment. (2) Educational facilities with multiple buildings allowed in a campus-style development. All sewage will be treated by a sewage treatment plant or similar sewage treatment. B. Uses permitted by special exception of the Board of Appeals The following uses aze permitted as a special exce tip on by the Boazd of Appeals as hereinafter provided and subject to site plan approval by the Plannin Bg oard: (1) Solaz energ~Qeneration in excess of that needed to rop vide power to permitted uses, subject to the following conditions: (2) Museums housed in a designated historic landmark. All sewage will be treated by a sewage treatment plant or similaz. C. Accessory uses. The following uses are permitted as accessory uses• (1) Any customary structures or uses which aze customarily incidental to the principal use, exce t those prohibited by this chapter; (2) Sleeping_quarters, apartments or dormitories providing accommodations solely for personnel associated with permitted or special exception uses set forth in &280-182(A~~2so-1s2~• (3) Cafeteria for personnel associated with permitted or special exception uses set forth in &280-182(A) and &280-182(B); (4) Infrastructure necessary to the operation of the permitted or special exception uses set forth in §280-182(A) and §280-182(Bl limited to roads sewer system water storage and water ~pelines and utility lines; (5) The existing hazbor and ferry facility for transportation by boat to and from the Island. &280-184. Bulk, area and parkin¢ regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Reseazch District unless the same conforms to the Bulk Schedule and Parkin and Loading Schedules incorporated into this chapter by reference with the same force and effect as if such regulations were set forth herein in full PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 175 acres Uses: Multiple uses and buildings are allowed on a single parcel the number of Southold Town Meeting Agenda -March 26, 2013 Page 33 which are limited only lot coverage Lot Coverage: 20% of buildable land, except that solaz energy installations may exceed this limit up to a total of 50% lot coverage. §280-185. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the shoreline and wetlands. Article XXXII Plum Island Conservation District (PIC) §280-186. Purpose. TheQurpose of the Plum Island Conservation District is to preserve the integrity of the re ig onally significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. §280-187. Use regulations. In the Plum Island Conservation District, no building or premises shall be used and no building or part of a building shall be erected or altered which is azranged, intended or designed to be used, in whole or in part, for any_puroose except the following A. Permitted uses. The following uses aze permitted uses and are subject to site plan approval by the Planning Boazd: (1) Nature preserve (2) Public pazk for passive recreation (3) Educational facility related to the study of natural resources conservation. All sewage will be treated by a sewage treatment plant or similaz sewage treatment. (4) Museums, housed in existing designated historic landmazk. All sewage will be treated by a sewage treatmentplant or similar sewage treatment. B. Uses permitted by special exception of the Boazd of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Boazd: (1) Solaz energygeneration in excess of that needed to provide power to permitted uses, subject to the following conditions: C. Accessory uses. The following uses aze permitted as accessory uses: (t) Any customary structures or uses which aze customazily incidental to the principal use, except those prohibited by this chapter; (2) Sleeping_quarters, apartments or dormitories providing accommodations solely for personnel associated with the permitted or special exception uses set forth in §280-186(A) and §280-1860. D. Additional Standards: All uses in this District shall be subject to the following Vegetation shall not be disturbed. Where noxious or invasive plants are overtaking native fauna or where vegetation must be disturbed in conjunction with a permitted use an application may be Southold Town Meeting Agenda -March 26, 2013 Page 34 made to the Planning Board for an approval to remove vegetation. The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a reve etg ation plan (if anvl. using_plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants; 2. an application fee of $100: 3. The Planning Boazd shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4. The Town Boazd shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Andperson whose application to remove vegetation is denied, may appeal within 30 days of a denial. &280-188. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. Editor's Note: The Bulk Schedule is included at the end o this chapter, and the Parking and Loading Schedules are in 280-78 and 280-79. Plum Island Conservation District Bulk Schedule: (to be placed in a new Appendix) Minimum Lot Size: 600 acres Uses: Multiple uses and buildings are allowed on a single parcel the number of which aze limited only by lot coverage Lot Coverage: 2% of buildable land. except that solar energy installations may exceed this limit up to a total of 20% lot coverage. Impervious surface: 5% of buildable land, except that solar energy installations may exceed this limit up to a total of 20% impervious surface. &280-189. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the shoreline and wetlands. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. RECEIVED Louise Harrison ~ P.O. Box 214 ~IAY 7 2013 Peconic, NY 11958 Southold Town C(erM Public Hearing A Local Law in relation to the Marine (II) District and Plum Island Zoning Testimorry provided before: The Honorable Scott Russell, Town Supervisor, and Members of the Southold Town Board Southold Town Hall Southold, New York May 7, 2013 Good evening, Supervisor Russell and Members of the Town Board. My name is Louise Harrison. I live at 175 Diamond Lane in Peconic. Congratulations for undertaking the zoning of Plum Island. Even after several years, it still feels like a kick in the head that the Federal government plans to sell this truly unique public resource. I'm a conservation biologist and have worked in environmental protection on Long Island since 1980. 1've worked for federal, state, and county agencies as well as in leadership and consulting positions for nonprofit environmental organizations. Through Conservation & Natural Areas Planning, my consulting business, I only represent the interests of nonprofits, municipalities, civics, and individuals who wish to protect natural resources. I am representing myself tonight. By way of background, I served in the Suffolk County Office of Ecology as the head of its Bureau of Environmental Management for 6 years. I undertook freshwater wetland protection at the New York State Departrnent of Environmental Conservation in the mid-1980s and worked for Long Island State Parks prior to that as the regional naturalist. While at the New York State Department of State in the early 1990s, I identified the most regionally important natural areas (RINAs) along New York's Long Island Sound shoreline and helped create state policy to protect those areas through the Long Island Sound Coastal Management Program (LISCMP). I have been involved in countless open space preservation efforts and have served in appointed and volunteer positions on federal, state, and town environmental committees. I served for 9 years as a commissioner for the Long Island North Shore Heritage Area and was a key leader in that planning effort. I have had extensive field experience investigating Long Island's natural ecosystems and coastal environments, from New York City to Montauk, Orient Point, and Fishers Island. More recently as a biologist for the U.S. Fish and Wildlife Service and liaison to the US EPA's Long Island Sound Study, I guided numerous federally funded habitat restoration, stewardship, and land acquisition programs on Long Island and in Connecticut. 'Tonight I would like to add my support for your initiative to create unique zoning districts for Plum Island-the Plum Island Research District and the Plum Island Conservation District. You are Louise Harrison Plum Island Proposed Zoning comments 2 doing the right thing. Plum Island not only is regionally significant, as you stated in the proposed code, but it is globally significant to some wildlife species, such as the roseate tern. That makes the island in its most natural state possible irreplaceable. I fully support the Town's efforts to encourage research and educational opportunities on Plum Island and to preserve its natural, historic, and scenic resources. I have two main comments: • I would like to see the Plum Island Research District redrawn to avoid including flood hazard areas as well as NYSDEC-regulated freshwater wetlands PL-1 and PL-5. It makes no sense to invite expansion of development or landscape hardening within the floodplain identified in the GSA's DEIS as a Special Flood Hazard Area or in an area requiring wetland permits. VJe shouldn't have to rely on the uncertainties that come with permitting and setbacks when we all agree up front that the island's resources need the best possible protection. Excluding sensitive resources and potential hazazd azeas from the zone where future development might take place would be the best thing to do now, while the proposed zoning is under initial review. Please acknowledge the floodplain and wetlands for what they are and place these areas in the Plum Island Conservation District now, while the best chances for protection are available and to prevent future conflicts over land use proposals. • In addition, I suggest eliminating the potential use of any part of the Plum Island Conservation District for solar energy generation, even under a special exception by the Board of Appeals and the subject of a site plan approval by the Planning Boazd. As of today, I don't believe solar energy panels are compatible with wildlife conservation in an undisturbed, naturally vegetated area. As it might be engineered in the future, such as perhaps when Plum Island might be sold by the federal government and require implementation of the new zoning districts, we can hope solaz energy generation would require less land azea and can be confined geographically to the Plum Island Research District. Thank you for the opportunity to speak to you tonight. Uraft ElS tier the Sale of Plum IslanLi, Ne~+ Yorh .lulu 1 _'OI ~O~~eia Pr,iiu Pair-e! O 1 y~~ f f~~ 1 'n x>g . . ~ \ ~ ,r . I I e~ ,~//-~~~i'~.1, ~ .:rte: i, , " Otr eflt Pof 'M.~ ,S/" Parcel Souris FEMA OFIRM dab-fJatwnalFbod Ha:ard `t1 L.avcr,tanuarY 2010. http i,\vw~nr5c fema qov tr j Legend ~ ~ / - \ -Shorohne (fEMA) ` - • • Appaxmw~te Property I.me ~ ti ~ Coastal Tran.^,oet Line - r ~ , ~ ` ~ _ . ~ _ Coastal t3arnor Resources System Areas _ ~ s.'.~ 1%Annud Gwnco Fbodplain 9oundery ~ ` Special Food Fbca/dAroasSugeu Io t ` . Irxndotion W the /%Annual Chonoe Fbodrng L ~Potentwl fJovebpmem Parceks ~ ~Jn :rx~ Figure 3.7-1 -a ~ Floodplains Prt•OH•M~alr RRF`~J;'~"~1' i ~GLK1 Figure 3.7-1: Plum Island Floodplains 3-40 Draft EIS for the Sale of Plum Island, New York July 13. 2012 , r ` - ..:e^, _ ~ - RY ~ l ~l ~5:::. f ~ f. =,r+~$' r~~,ir` ~``r,' . ~ ~ r ~ ~ ~ ~i~AS~~ ~ ^t '.,uf " ~ ~ I Legend NvSDEC Freshxater Wetlen~ ~Potnn6ul Oowlnpmanl Porcol; t A Figure 3.8-3 source. Nvsr~c, NeW r«k State Reguramry FresnwaMr uusrwnea r« s~eoUc county. NYSDEC Wetlands ~.ae:Uarn ~.a~o~,>>:i• rgtpJ70001R.Manrdib comeli aclu. cn~~,:r iu o; r ~ Figure 3.8-3: NYSDEC Wetlands on Plum Island 3-65 [)l~ai~i t~_IS tiirthe Sale nf'f'luiti bland. ?ve~~ Y<~rl~ lulr I ~CII iOriunl Pnint P \ 1 , ~t ~ ~ ~r~ ` I .a _ o •io 3on mtt>wlr ~Fxt r .t' _ _ ' _ E. . f sr~ah~r r nr ,-~.4 J ~T ~ i • f ~Y ' i'r~~ ~T. r~~ r V ~ t~ '~~ft Blli (P~in~ ,r t - _~•rsSv.-, yr r Parcel I - ra? ti 1\ w ~ i '..'ew ,.F(: ,tt-^ ~ ~ Ilitr~na~VYCllands Inventory Wetlands ~ ;r Freshwater Emwyent Wetland - (PEM) 1 ~ Freshwotor ForostodrStvuh WMland SPFOYaSl c:.. ~ ; ; _ ~ ~ Q Freshwater Pores ~ (PISS 4 ~ ~ Estuarine and Manna Wetland - (E7JIU21 ~,t~~!O~ ` ~~Fstuara»and Menne Deepvnter.(E1~Mti `~Pe[entWl OovebpmeM ParnhK +S~ . _ _ _ ~ i Figure 3.8-2 Source UVetbndcdahhomu s F~sn,rdsl~!d:feJNVCC n t~ lI)D NWI Wetlands f~.r•:.... Nahon~l Wetland InvrntOry INVNi Mips ~ ~FeN http wvnv hva govw:cllandrdala Figure 3.8-2: NWI Wetlands on Plum Island -~-t Comments/letters 5/7/2013 P.H. File on Plum Island Zoning 7: 3a ~i~! TIMOTHY H. BISHOP 3OB CaN1:ON HOVGF Ovrks RunOiRG WASwr,eloN, OC 10516 I8T DisiRrol, Nely Yoex (1011 12 6-382 8 Fnx: 1202121E-3143 COMMITTEE pN EDUCATION ~Cottgre~~ of tie ~.ttiteb ~ttite~ AND THE WORKFORCE 31 Onx 5,8t u, Sore 20 p,y ? tt} {~D~y PAICHOGUF, NY tP12 tl1l~C .7~e~11-A Q11~1{11U4A 16311289L600 COMMITTEE ON TRANSPORTATION Fax; 1831128'.F3I81 AND INFgASiXUCIURE ~}p O - !2'QiinslJ(nfffon, !`B~ 20515-3201 .aa..noGSG.oo+nlmm.no„ Hon. Scott Russell Supervisor Town of Southold 53095 Main Rd P.O. Box 1179 Southold, NY 11971 May 1, 2013 Supervisor Russell: On May T°, the Town will hold a public hearing on the implementation of zoning districts on Plum Island. 1 write today in strong support of the efforts the Town is undertaking. Preserving the future of Plum Island, which is located in my district, is one of my top priorities in Congress. The proposed zoning designations before you on May 7°irepresent a reasoned approach to both economic development and environmental preservation. The proposed Plum Island Research District will ensure the viability of this land for future economic development needs should the current facility close. Plum Island represents tremendous potential and opportunity for future scientific research and discovery. Even more importantly, the Plum Island Conservation District will crew?e and protect one of the more pristine and beautiful preserves in the tri-state area. Plum Island is home to more than forty tare, protected, and noteworthy vascular plants, and more than ore-hundred bird species, including the federally endangered roseate terns and federally tlueatened piping plovers. The proposed conservation district would protect this valuable flora and fauna in perpetuity. Regardless of the future of the research facility, protection of these valuable natural resources is an important step forward. I strongly favor the continued use of Plum Island as a federal research facility. As I continue to work in Washington to prevent its closure, it is important that I have a strong partner in the Town of Southold. The proposed zoning designations before yott on May 71h are the fruits of a strong partnership that will ensure the futw•e of Plum Island is one of which we can all be proud. Sincerely, Tim Bishop Member of Congress MRY-7-2013 14:04 FROM: TO: 16317651823 P.2~3 ' 5-7-x.3 AUdU.bUn NEW YD R K ZO(1Trilliumla(rc Albany, New York 1.22(13 1'el: 51 A-8G9-9731 auduhnnnvraiauduhnn.nre Supervisor Scott Russell h[rv//ny-audul»n.org Members ofthe Town Board R~CEiV~D Town hall c-,nn,anrinc siJemun-erixun 53095 Main Rd h'nnuJ;,y rM„u„a,n P.O. Box 1179 MAY 7 2013 RoAR~oruueer:rclas Southold,NY 11971 Akxaink+ ZaKn.nn May 7, 2013 r Southold Town .lerlr saran 1`n`^d, RE: A Local Law in relation t0 the Marine (II) District and Plum Island Zoning r;n cwn v~ ~A+^~~ r:. Dear Supervisor Russell and Members of the Southold Town Hoard, vi. ~ env;. ,tnhert 1>ryfn^r Qrl behalf of Audubon New Yolk and Audubon ConnectieUY, the state progams of the rrurnrr, National Audubon Society (Audubon), we thank you for the opportunity to provide tan,cs Mdru, the following o0mmenta in support of the Town Of 5oudiold's proposed "A Local Law srrtrmry in relation to the Marino (II) District and Pium Island Zoning." We wmmcnd the Manila IAryk Town for advancing this strong proposal to protect the important ecological features Rdly Rnnk"+ann Of 11113 lneredlble reSOlll'CG Margot F pu r"'~" The mission of Audubon is to conserve and restore natural ecosystems, focusing on WrnJy Liff Flynn Martin I~leiskcll birds, other wildlife, and their habitats for the benefit of humanity and the OaRh's rku~ w. ter. tr. biological diversity, To guide our conservation efforts, Audubon has idealised Anm Mang! n:+.., Mn,+n.,s. Important Hind Areas (IBAs) throughout the state and nation that provide critical P.r..aol M.d+knla+Ir habitat for birds best on a set of standardised site criteria. !n addition to identifying (~:um;rirn i 1. Murphy I}3As, Audubon is also engagod in large scale ocosysttxlt restoration campaigns, and (rnM+d l~ N,nnnakr ,ream A., c r, k"+,d+,r has been a leading forco working t0 secure desptrately neoded federal funds [0 leato[E Mkfixl (rx«tk the water quality and protect rho important habitats of Long Island Sound. mK. ri;„ Randnrph Priv r,cnc w:,n:k,u.~r With its mixtnro of rocky Shoreline, sand beaches, wetlands, and various upload Rc~, wnaky shrub, grassland, and forest habitats, Plum Tslnnd stands out as a critically important lnhn WAk,rMn habitat and a key migratory bird stopover site on Long L+land Sound. In 1997 Flum h,.,+„ (:r.„r Island was recognized 8S part Of the Orient Point to Plum Island IBA because it F""""` r"""'~ supports large coacgitrations of birds, including atrisk species like the foderaliy threatened Piping Plover and endangered Roseate Tem. Since that time we have workod hoavily to ensure the firbne protection of this amazing resource, and remain concerned over efforts by the Federal Government to sell the Island without restrictions to protect the ewlogical feanlres that make it significant far bircis and other wildlife- In 2005, w further the prote(.tion of this IBA, Audubon New York convened a group of partners to identify the greatest threats and conservation naod5 for this arcs. The result of that effort was a Conservation Action Plan fw the IBA that was finalized in 2009, The plan emphluizts the aced to prota:t the critical natural 1'CSOIdrCOS of Plum Island and ono Of the priority Strategies identified in the plan is tp increase our undarstandmg of bird usage on Plum Island, Ovor the last 5 years, Audubon has participated in bird surveys to bettor document birds' usage of the size. Through these ~rveys, over 190 bird species have beat documemod brtxding or foraging on Plum Island and adjacent coastal waters, ineiuding birds-of-pay, sllnrebircls, wading birds, waterfowl, and songbird spoaies. However, we know that these limited surveys are wily providing us with a snapshot ofthe ecological vahu of Plum Island and it is likely more species depend on h than we aro awaro. MHY-7-2013 14:95 FROP1: T0: 16317651823 P.3~3 Notable species found on Plum Island include; breeding Piping Plovers (s federaly threatened specks}, nesting Osprey, an active Bank Swallow colony, several dozen Roseate Terns (a federally endangered species}, and seveml hundred Common Terns (aNY5 threatened species), which feed in nearby surrounding waters. The waters surrounding Plum Island are rich in nutrients and are vital feeding and courting grounds for birds such as terns and waterfowl. Plum Island also provides important stopover habitat for many fall and spring migrant raptor, songbird snd shorebird species. Finally, Common Eiders, known to breed on nearby Fisher's Island, may also breed on Plum Island; if so this would be only the second location in the State whore this sen duck breeds. All ibis highlights the biologic importance of this island and its unique wntribution W tl+c ecology of the Long Lsland Sound Estuary. Efforts must be made m ensure those unique natural asa~ets are protected in perpetuity, and we appreciate the Town's attention w this. Conserving this area long term not only makes good environmental sense, but represents good fiscal policy as wall. Bird watching is the fastest growing outdoor rectration in New York and across the nation, with an estimated J.8 million bird and wildlife watchers in New York contributing 54.2 billion to the state economy as estimated by the US Fish and Wildlife Service. Ensuring the future protection of this critical area, that supports such a great diversity of bit+d species, will help Communities surrounding Plum Island continue to capitalire on this ecotourism revenue and provide alternntive options to market the island as n tourist destination. With this in mind, Audubon strongly supports the proposed inning changes by the Town that delineates a ccroservatioo district, including the Piping Plover nc~ing area and important wetland habitat. in order to enhance this propascd conservation district, which doer not cover all the areas on the island that are important to birds, we ask that the Town consider a few additional items when planning for the future of Plum Island. We urge that any future development in the Rcsearcdt Dishtict be required to maintain the same footprint as the existing development. In addition, we ask that wetlands within the Research District be wnserved (e.g., the cattail marsh) and that the areas surrounding the sewage treatment pond corrtinue to be maintained in a way that provides bird habitat. To bolster the protections afforded in the Conservation District, we recommend that future land uses be restricted to only those which maintain or enhance the habitat in the Conservation District. Industrial uses, such as siting phowvoltaic sells, would undermine the habitat value of the Conservation Distrkt and should be avoided. In addition, it's important to note that nkhough the historic Piping Ptovrr nesting arras arc contained within the conxrration district, there are addhional strotches of shoreline that have the poceneial W provide habitat to beach nesting birds and should be protected. We once again command der Town far advancing this zoning proposal that will help ensure the most important habitat areas on F?um island erne protected tiom future land use changes. We would be happy to meet with the Town to discuss any of these recommendations further, and please don't hesitau to contaetlillian Liner at 607-2542437 or'I'n ud n o Sincerely, 7 q.... ~:r.,..._ Lillian T.iner PalrickM. Comins Audubon NY Director of Binl Conservation Audubon CT Director Of Bird Cattservation MRY-7,2013 14:04 FROf1: 70:16317651823 P.1~3 Audubon NEW YO R K 20o Trillium Lane Albany, NY' x2203 Sx8-869-973x Fax: ,5x8-869-0737 FAX TRANSMISSION COVER SHEET Ta: Supervisoz Scott Russe(I Date: May 7, 2013 (631)965-1823 Re: plum Island Sender: Audubon YOU SIipULD RECEIVE 3 PACES, INCLUDING TFIIS COVER SHEET, IF YnU DO NOT RL•CBIVE AI.L THE PAGES, PL~'ASE CALL SI8-869.9731, . LONG CITIZENS ADVISORY COMMITTEE ISLAND OF THE LONG ISLAND SOUND STUDY ' SOUND Website: http://www.longislandsoundstudy.net STUDY A Partnership (o Restore and Protect rbe Sound CTCIZENS ADVISORY Supervisor Scott Russell COMMOITTEE Members of the Town Board RECENED LONG ISLAND SOUND TOWnHall STUDY 53095 Main Rd P.O. Box 1179 ~IAY 7 2013 o~ICERS Southold, NY 11971 Curt Johnson May 7, 2013 Connecticut CAC Co-Chair SOUMO~f~ TOWII a!i'~ Nancy Seligson New York CAC Co-Chary Dear Supervisor Russell and Members of the Southold Town Board: Martin Carrell Secretary On behalf of the Citizens Advisory Committee ("CAC") of the Long Island Sound CAC SUBCOMMITTEES: Study ("LISS"), we provide these comments in support of Southold's new proposed Advocacy, Legislative & Policy zoning of Plum Island, New York. The CAC represents a broad array of citizen, Tracking & Accountability environmental and business organizations from New York and Connecticut that has Locat Crovernment long advocated for the restoration of Long Island Sound. We provide guidance and advice to the LISS Management Committee on LISS decision making on behalf of the LISS WORK GROUPS diverse stakeholders in the region. Our membership and meetings are open to all Habitat Restoration interested parties in the region that use, or have concerns about, the Long Island Sound. Stewardship The CAC is the only body in the Long Island Sound Study that can adopt official Nonpoint Source/Watersheds positions on issues and topics. CAC positions are adopted by a majority vote of Communications Citizens Advisory Committee members and are reflective of these stakeholders, but do Nutrients not necessarily reflect the opinion of the Long Island Sound Study or partners. Attached is a list of our CAC membership. CAC ADDRESS Long Island Sound Study Our interest in Plum Island is in assuring the conservation of undeveloped habitat on Citizens Advisory Committee the island as well as the safe re-use of the developed portions of the island. To that Go EPA LIS Office Stamford Government Center end, we have provided comments to the General Services Administration ("GSA") 888 Washington Blvd, Suite 6-5 during its scoping and Draft Environmental Impact Statement public comment periods, Stamford, ct' 06904 ur in it re uire a mixed conservatioNre-use sale. We assert that the tan a e of the Office: 203977-1541 g g 9 !n' g Fax: 203 977-1546 Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 requiring the sale of Plum Island provides GSA with the flexibility to effectuate such a sale. However, thus far it appears that GSA is not moving forward with this approach, leaving the task of protecting the natural areas and wildlife on Plum Island to The CAC meets grtarterly on r/re the Town of Southold. It is for this reason that we submit these comments in seSepre~ibe and December at a enthusiastic support of the Town of Southold's new zoning proposal for the island. a(rernaring locations in New York and Conneerinu. Meetings are open ro the public. The Long Island Sound Srtrdy is a cooperative Federagsmte Management Conference researching and addressing the priority environmental problems of the Sound idenrifred in the Comprehenstve Conservation and Management Plan (CCMP). The Citizen's Advisory Committee provides advice on pub(fc education activities to the Management Committee in tmpfementing the CCMP. ~~i *;'<F As you know, Plum Island boasts large populations of loons, scoters, buffleheads, piping plovers, common, least and roseate terns and dozens of other species, along with wild orchids and other rare plants. There are numerous federal progams and LISS related policies whose goals include protecting critical areas like this one. The CAC has a strong interest in ensuring those programs and policies are implemented. The Town's proposed zoning will help protect Plum Island's open space for future public use and enjoyment, and essential plant and wildlife habitat, consistent with the goals of Long Island Sound CCMP. Plum Island and The Lon¢ Island Sound Stewardshim Initiative The Long Island Sound Stewardship Initiative was created by a Resolution of the Policy Committee dated September 28, 2006 (attached). One month later it was codified by an act of Congress (see the Long Island Sound Stewardship Act of 2006). It formally adopted the policy to achieve the permanent protection, restoration, and conservation of various critical Long Island Sound areas, and to increase public access to appropriate recreation and education. Through this action thirty-three inaugural Stewardship Areas around Sound were formally endorsed. Plum Island, together with Little Gull and Great Gu11, form the Plum-Gull Islands complex, which was identified for protection as an inaugural stewardship site by the Long Island Sound Stewardship Initiative. This trifecta was found by scientists to possess "exemplary" ecological value and is considered a crown jewel filled with unspoiled habitat types and federally endangered species. (See attached Stewardship Site Atlas). The LISS endorsement was formally signed by all the members of its Policy Committee including the Region I and II Regional EPA Administrators and the Environmental Commissioners of New York and Connecticut, and represents a strong and unequivocal governmental interest in ensuring the conservation of the undeveloped portions of Plum Island. We are pleased that the Town of Southold's proposed zoning for the island recognizes the need to protect this ecologically valuable site. Plum Island and The Comprehensive Conservation and Manaeement Plan In addition to the Long Island Sound Stewardship Initiative, the CCMP-the Long Island Sound Management Plan adopted by federal and state governments to restore its waters and habitats- itself highlights the need to protect areas like Plum Island.t The Management and Conservation of Living Resources and Their Habitats section on "Managing Habitats" states "The destruction of coastal habitats has had a major impact on the diversity and abundance of plants and animals in the Sound." And that "Long Island Sound is an area that has undergone rapid industrialization and rapid diminution of areas remaining in their natural condition. It is desirable to identify areas of land and water of outstanding or exemplary scientific, t See http~//lon¢islandsoundstudv net/wp-contentlu~loads/2011/10/management~rlan ~df pp.104-107; pp.126; and pp.132-133. The Long /sland Sound Study is a cooperative Federal/stare Management Conference researching and addressing the priority environmental problems of the Sound klenUJied in the Comprehensive Conservation and Management Plat (CCMP). The Citizen's Advisory Committee provides advice on public education activities ro the Management Commutee in implementing the CCMP. educational, or biological value to reflect the regional differentiation and variety of ecosystems and address all the significant natural habitats found in Long Island Sound. These sites would be combined to form a Long Jsland Sound Reserve System. Many of these sites are already in public ownership or held for conservation purposes. Therefore, acquisition priorities should emphasize sites not currently held for conservation purposes." This section resulted in the creation of the above described Stewardship Initiative, of which Plum Island is included. It is clear, that given the current potential for those significant habitats to change from federal to private hands, that the island is considered a priority area for conservation. This is bolstered from the action item list in this same section of the CCMP under "What Needs to Be Done": "...Conservation of natural resources and open space is vital to the protection of the Sound." There are two other sections of the CCMP that align with Southold's vision to zone portions of Plum Island as conservation areas. First, the Conserve and Enhance Natural Resources and Open Spaces section outlines "Preserv[ing] open space and natural areas" as a key objective. Second, the Land Use and Development provision states that "preserving environmentally sensitive habitats, such as forests, and maintaining open space minimizes runoff pollution and provides wildlife habitat " It further outlines that "existing federal, state, and local open space or other land acquisition programs should support Long Island Sound water quality and habitat objectives." Plum Island and the U.S. Fish and Wi1dliPe Service The Town's move to preserve Plum Island also meshes with the United States Fish and Wildlife Service ("USFWS") assessment. It identified a host of important habitat functions and federal designations recognizing the ecological value of Plum Island and its adjacent waters. Specifically, the USFWS recognized the ecological importance of the site that is part of the Orient Point -Islands Complex of regionally significant fish and wildlife habitat (USFWS 1991)'` and a part of the USFWS Coastal Barrier Resource system, unit numbers NY-24 and NY- 25. The value of the ecologically interconnected chain of islands in this area of Long Island Sound has been recognized as providing unique opportunities for collaborative natural resource management. As the USFWS presented to the GSA: the Long Island National Wildlife Refuge Complex was founded in order to "conserve, manage, and where appropriate, restore wildlife and plant species and their habitat for the benefit of present and future Americans." 3 In that same letter, the USFWS noted their ongoing efforts to encourage Least and Roseate Tern nesting at the recently acquired Gardiner's Point Island, referring to the island's proximate location to both Plum and Gardiners Island and underscoring the tremendous wildlife and habitat potential of all three islands.° While the CAC believes the best way to conserve the island is for it to remain in federal hands and to be incorporated into the USFWS Refuge system, we applaud Southold's effort to ensure that even if the federal government moves forward with a public sale, the island will be protected. Z The USFWS highlighted that this Habitat Complex "underscores its high value for nesting colonies of piping plover and least tern ,and wlonial wading bird rookeries ofblack-crowned night heron ...and great egret." USFWS Letter to GSA dated June 16, 2010. ' USFWS Letter to GSA dated June 16, 2010 ° USFWS Letter to GSA dated June 16, 2010, pD•4-5 The Long /s(arrd Sound Study Js a cooperative Federa!lsra[e Management Conference rtttarching and addressing the priority environmental problems oJrhe Sound identified in the Comprehensive Conservation and Marsagemenr Plan (CCMP). The Citizen's Advisory Comm(rree provides advice on public education activities ro the Management Comminee in implememing the CCMP. Plum Island and SoundVision In 2011, the CAC recognized that there had been significant progress in the implementation of the 1994 CCMP but noted that the region's heritage-which is centered on appreciating beautiful views of the coast, enjoying our beaches, sailing and kayaking, clamming and fishing-remained threatened. In an effort to protect the watershed landscape, not only for the birds, fish and other animals that depend on special habitats, but also to re-build the economically vibrant legacy of shoreline industries and neighborhoods the CAC, advised by the best Long Island Sound scientists and experts, developed a practical and attainable Action Plan to heal and restore the Sound. The SoundVision Plan identifies four priority areas, one of which is "Creating Safe and Thriving Places for All Sound Creatures" A key Action Step for this priority azea is to "Improve management and acquisition of key coastal and island wildlife refuges" by "Protect[ing] Plum Island from unfettered development and encourage[ing] the US Fish and Wildlife Service to add it to its network of preserved habitats.i6 Again, Southold's effort to create "Plum Island Conservation District" demonstrates the town's commitment to do what it can to help protect the island from rampant development. Plum Island and LISS Action Agenda In addition to the CAC's SoundVision Action Plan, the LISS Management Committee adopted its 2011-2013 Action Agenda for Long Island Sound. Similar to SoundVision, it contains a goal to "Restore and maintain Long Island Sound in a healthy, productive and resilient condition so that it can provide the services humans want and need. "One of the top priorities is to "Protect 820 acres of coastal habitat" by 2013.6 Plum Island is one such coastal habitat, as identified by the Stewardship Initiative. According to this Agenda Healthy coastal habitats provide critical feeding, breeding, and migratory stopover sites for the diverse abundance of plants and animals that use LIS. In 1996, the LISS established the Habitat Restoration Initiative, and in 1998 established a goal of restoring and protecting 12 priority LIS habitat types around the Sound. The Initiative uses partnerships to accomplish the restoration objectives and leverage limited state, local, and federal funds. In addition, the LISS established the Stewardship Initiative in 2006 to conserve natural areas, increase access to the Sound, protect important habitats, and plan for multiple uses. The Stewardship Initiative identified places with significant ecological or recreational value throughout the Sound and developed a strategy to protect and enhance these special places. In 2006, the LISS adopted thirty-three inaugural Stewazdship Areas that represent lands of outstanding or exemplary scientific, s See http://www.lisoundvision.urY~pdf/Sound-Vision-Final,p~jpp.14-16. a See htlp~/llon~islandsoundstudy neUwp-conlenUuploads/2011/09/Final-LISS-Action-Aeend ~ 011 20131-1 odf pp.8-10. The Long Island Sound Shrdy is a cooperative FederaUsrate Management Conference researching and addressing the priority nrvironmental problems of the Sound identified in the Comprehensive Conservation and Managemem Plan (CCMP). The Citizen's Advisory Committee provides advice on public education activities to the Managemem Committee in implementing the CCMP. recreational, educational, or biological value for protection, management. These areas provide opportunities around the Sound to enhance the public's awazeness and personal connection with our special estuary. By providing zoning requirements that protect habitats and provide for limited public access for enjoyment of the island and potentially learning opportunities, Southold is once again doing its part to ensure the goals and policies established for Long Island Sound are met. In addition to offering our support on your zoning plan for the island, we extend a resource as well. One of our partner Long Island Sound Study committees, The Stewardship Work Group, has provided GSA with information on the rare wildlife and habitats found on Plum Island. They offer their wide variety of resources and expertise to the Town Board should you need additional factual information moving forward. They can be reached by email at David.KozakCcr~ct.gov (David Kozak, CT DEEP) and Basso.GeorgiaCrr~epamail.epa•eov (Georgia Basso, U.S. Environmental Protection Agency and U.S. Fish and Wildlife Service). We aze supportive of Southold's plan, and encourage it to make a couple of minor modifications and explain one apparent discrepancy, all of which are identified and described in more detail by the Preserve Ptum Island Coalition. First we rewmmend that the 35 acres surrounding Plum Island lighthouse that also runs along the shoreline in each direction, along the edge of the dock facility, along the edge of the main laboratory facility, and to the paved road be included in the Plum Island Conservation District ("PIC"), not the Plum Island Research ("PIR") District. Second, we do not believe solar energy installations should be permitted within the PIC, unless they are incorporated into/on-top of existing structures. Laslly, we note that the combined totals of the PIR and PIC districts fall short of the island's actual size, is there a particular reason that the acreages differ? We sincerely appreciate the Town's willingness to protect and preserve this rare jewel and applaud your effort to do what the federal government has not yet done: Save Plum Island. Yours truly, n~~ Nancy Seligson Joh o New York CAC Co-Chair Connec ' CAC Co-Chair Nancyl8bna aol.com c'ohn fenv.or 914 834 4953 203 787 0646/ext. 111 The Long Island Sound Study is a cooperative Federa(lsrme Management Conference researching and addressing the priority environmental problems of the Sound idemifred ur the Comprehensive Conservation and Management Plan ICCMP). The Ciricen's Advisory Committee provides advice on public education activities to rbe Managemem Committee in implememing ehe CCMP. RESOLUTION oF'rHE LONG ISLAND SOUND STUDY POLICY COMMITTEE CONCERNING LONG LtiI,AND SOUND STRWARDSHIP hereas, Long Island Sound is recognized as a National treasure of great cultural, environmental, ecological, and economic importance; and hereas, as a highly urbanized estuary, the Long Island Sound ecosystem is under stress from both sustained human uses as well as emerging global and regional environmental conditions; and ereaa, the CompreGensive Conservation and Management Plan for Long Island Sound calls for creation of a system to identify areas of land and water of outstanding or exemplary scientific, educational, or biological value for protection, management or acquisition; and ereas, at the direction of the Policy Committee under the Long Island Sound 2003 Agreement, the Long Island Sound Study Management Committee has worked to identify key areas in the Long Island Sound watershed that reflect regional differentiation, a variety of ecosysterrls and significant natural habitats found in the Sound, and public access to this magnificent body of water; NOW TFIEREFORF, BE I'r RESOLVED THAT, the Long Island Sound Study Policy Committee, assembled in Rye, New York on September 2R, 2006, hereby endorses the work of the Management Committee in recommending thirty-three inaugural Stewardship areas, and hereby adopts them as pan of the Long Island Sound Stewardship Initiative. 7 r / r Robert W. Vamey, Regional or G' McCarth ,Commissioner I1S Envimnmen[¢I Prokxtion Agency Connecticut Depanmenr of New England Region Environmrntal 1'mtection ~ ' ' _ > t.,~.. ~ ~ Alan 1. Steinberg, Regional Adminisirat Denise M. Shcehan, Commissioner US Environmental Protection Agency Ncw York State Department of Region II Environmental Conservation The Long Island Sound Study is a cooperative Federa(lstate Maragemenr Conference researching and addressing the prioriry environmenraf problems of the Sound identified in she Comprehensive Conservation and Managemrnr Plan (CCMP). The Citizen :c Advisory Committee provides advice on public education activities ro the Managemettr Committee in implementing the CCMP. Stewardship of Plum Island Plum Island and the adjacent Great Gull and Little Gull Islands have been recognized by the Long Island Sound Study (LISS) as a Stewardship Area of ecological value. LISS is a bi-state partnership of federal and state agencies, user groups, concerned organizations, and individuals dedicated to restoring and protecting the Sound. LISS's Stewardship Initiative was created to protect the diverse plants and animals that make their home in or near the estuary. The Stewardship Initiative also seeks to ensure that the Sound's citizens will continue to have access to the natural seascapes that make the area an enjoyable place to live. In 2006, the Stewardship Initiative work group identified 33 inaugural areas around the Sound with significant biological, scient'fiic, or recreational value. Read more at www.longislandsoundstudy.neUstewardship. Plum & Gull Islands Southold, New York z ~ _ _ LL _a~_ . . f ~ ~ _-~~v - - ' ;ccacarxaosowam t,•caawwca•rmovn ¦ •rwwao•xswrs OPlp 61MLL9 ~NyM~~~YMt/.ER!/OB ~ `.~~1 1MiEp Stewardship Sites: Plum Island, Little Gull Island, and Great Gull Island Ecological significance: • Exemplary colonial waterbird habitat, including sites that are of national-if not international-significance • Small rocky islets dominated by grassy and herbaceous vegetation • Colonized by over 6,000 pairs of common terns and approximately 1,200 pairs of roseate terns, making this the second largest breeding population of this endangered species in North America Identified by the USFWS as a Significant Coastal Habitat ` F , . s 1 • /v. t r ~ 4 *.r ~id . y.,p~ y {9 5 f ~ i ~ t ~ sr„n~ $ i w.rq.tr. ~ ~ 6«r k', k~ .11 M ~ a. g f a MW frY~M ~ ~ ~ . A ~yR k r ~ • 4. a » Il,. A t ~ y4{!t a ~w~~~ .i k S ~~~ji'yr 1 ~~+,f~'[Ry i1W ~ i 1~ ~ 4 Y ~ ~1~4 YW~• ~ J~t'. • t- iwW~M~ ~r n ryY} s„ aw.rrW ~ ~0 rr ~U a i~ t c Long Island Sound ~ s ~ ~ ~ ~ * a ' ` Stewardship Initiative ~ ~ il~ inaugural Stewardship Areas 5 _~.,rs.1r ?'Ks is ~ ~ ~C l~(Y~ L~3ead9m hvcue „ D Long Island Sound Study ~ Citizens Advisory Committee Nancy Seligson Town of Mamaroneck, Citizen's Advisory Committee New York Co•chair Curt Johnson (Leah Schmalz) CT Fund for the Environment/Save [he Sound, Citizen's Advisory Committee Connecticut Co-chair Martin Carrell Aldephi University, Citizen's Advisory Commit[ee Secretary Paul DeGrsay Friends of the Bay Allen Berrien (Walter Raleigh) Milford Harbor Marina Sandy Breslin (Tom Baptist) Audubon Center at Benr of the River Sean Mahar Audubon New York Abbie Coderre Saybrook Poinr /nn & Spa Chantal Collier (Nathan Frohling) Director, L/S Program Tanya Court The Business Council of Fai~eld County Carol DiPaolo Coalition to Snve Hempstead Harbor Kay Eisenman Westchester County Dept. of Planning William Evanzia J. B. E. Associates Daniel Fucci Nassau County Public Works Dept Fred Grimsey Save the River/Save the Hills Rachel Gruzen (Elizabeth DeCelles) Great Ecology and Environments Jennifer Herring (Jamie Alonzo) The Maritime Aquarium/Norwa(k Jim Hutchinson New Yark SportFtshing Federation 1 Long Island Sound Study Citizens Advisory Connmittee Sarah Kruse PSEC Power Connecticut LLC Cesare Manfredi (Warren Ross) Federated Conserv. of Westchester County John McDonald (Bud Raleigh) Darien Advisory Comm.ICoastal Waters Donald MclCay Coalition/Protection of LI Groundwater David Miller Ecology and Environment, /nc Jim Moriarty Town of Oyster Bay Maureen Dolan Murphy (Adrienne Esposito) Cittzens Campaign for the Environment Daniel Natchez Daniel S. Natchez & Assoc. Joel Rinebold Jcel Rinebold LLC Dianne Selditch Sound Waters, lnc. Daniel Snyder Shoreline She//fish, LLC Eric Swenson Hempstead Harbor Protection Committee Tim Visel The Sound School Howard Weiss Project Oceanology Granl Westerson CT Marine Trades Association Jennifer Wilson-Pines Manhasset Bay Protection Comm. Paul Winters Regional Plan Association Joel Ziev Town of North Hempstead 2 rheNature 1 Conservancy Protectlng estate. Preaerring Ills www.neture.org/longuland May 7, 2013 UPLaN OS FARM SANQUA0.Y 250 lawrcnce Hill Road Supervisor Scott Russell Cold Bpring Harbor, NY 1I]24 Tel (631)36]-3225 and Members of the Town Board Pez (631)367=4715 CENTER EORCONSERVATION Town hall Post Offiu Box 5125 Fur Hamprnn, NY n93] 53095 Koute 25 Tel (fi31)329-7689 P«(e31)3s9-ozls P.O. Box 1179 "'"s"OM"`RPR(SE""` Southold, New York 11.971 Pear Office Box B50 Bhelar [slmd, NY 11964 Tel (631)749-1001 P,~(e3')74v-14"o RE~ Plum Island Zoning WO0.LDWIDC OFFICE 4245 North Pairfu Sr. Suioe 100 Arlingmn, VA 22203 Dear Supervisor Russell and Members of the Town Board Tel (]03I 641-5300 www.nuure.org The Nature Conservancy is pleased to strongly support the Town Board's proposal to create a Conservation Zoning District in the Town of Southold, and place some 600 acres on Plum Island within it. White we are aware that the Town also proposes to zone some 175 acres around the existing national Animal Disease Research facility on Plum Island for Research and Development and to revise the Marine II zoning of the 8 acre staging site and ferry terminal for Plum Island at Orient Point, our comments focus primarily on the creation of the new Conservation Zoning District and the proposed boundary of that district on Plum Island. By providing 175 acres of Research and Development Zoning on the island and Marine II zoning on 8 acres at Orient Point, the Town allows for the continuation of important economic and scientific activities, leaving the overall federal holding with reasonable economic use and value should it ever be privately owned. The Nat(ire Conservancy is a member of the Preserve Plum Island Coalition and supports the goals of that organization as they will be stated at this hearing by other speakers. We support including most of Plum Island in the National Wildlife Refuge System with t, Princed on 100% post-consumer paper z ownership and/or management provided by the US Fish and Wildlife Service. An internal federal transfer by the Department of Homeland Security to the US Fish and Wildlife Service of the same lands proposed by the Town to be zoned for Conservation on Plum Island makes the most sense to us. A recent, similar, internal federal transfer of Gardiners Point Island, the former location of the Gardiners Island Lighthouse and Fort Tyler, just 3 miles over water from Plum Island, to the care of the US Fish and Wildlife Service as part of the Long Island National Wildlife Refuge system, provides an example of what could be done at Plum Island. The National Wildlife Refuge System, managed by the U.S. Fish and Wildlife Service, is the world's premier system of public lands and waters set aside to conserve a nation's fish, wildlife and plants. Since President Theodore Roosevelt designated Florida's Pelican Island as the first wildlife refuge in 1903, the System has grown to more than 150 million acres in 556 national wildlife refuges. The Long Island National Wildlife Refuge system is already some 6500 acres in size and includes seven national wildlife refuges. The strategic location of Long Island along the Atlantic Flyway makes it an important nesting, wintering and migratory stop over area for hundreds of species of birds. Despite calls by the Preserve Plum Island Coalition for the transfer of ownership and/or management of the undeveloped portions of Plum Island to the US Fish and Wildlife Service, or a similar conservation owner/manager, the US General Services Administration moves toward sale of the island at auction to the highest bidder. Given this set of circumstances, we believe the Town of Southold is acting reasonably, responsibly and protecting the local, regional and national public interest by creating a Conservation Zoning District and placing the most environmentally significant lands on Plum Island into it. 3 The Nature Conservancy's New York Chapter has identified our "top ten" land Protection priorities in Nassau and Suffolk County. Following are some of the reasons why Plum Island made it onto our top ten list 1) [t is located within the Long Island Sound and Peconic Estuaries, estuaries with natural, economic and cultural resources of national significance, included in the National Estuary Program by the US Environmental Protection Agency. What happens on Plum Island directly affects these two estuary systems; 2) 'T'here are no other comparable conservation opportunities in the Long Island Sound and Peconic Estuaries where such a significant resource is already publicly owned and can be permanently protected with a change of federal policy; 3) Plum Island has 12 miles of natural shoreline and over 600 acres of vacant lands, which provide clean water to the island's aquifer and surface waters of the two national estuaries and important habitat for many plants and animals, some of which are rare or endangered (see comments below on NHP report); 4) a report prepared by the New York Natural Heritage Program (NHP), dated May 2012, a copy of which is attached hereto as Exhibit A and made part hereof, details what is known about the flora, fauna and natural communities on Plum Island; The NY Natura] Heritage Program is a partnership between the NYS Department of Environmental Conservation (NYSDEC) and the State University of New York College of Environmental Science and Forestry. 4 Its mission is to facilitate conservation of rare animals, rare plants, and natural ecosystems, which are commonly referred to as "natura( communities." NHP accomplishes this mission by working collaboratively with partners inside and outside New York to support stewardship of New York's rare plants, rare animals, and significant natural communities, and to reduce the threat of invasive species to native ecosystems. NHP combines thorough field inventories, scientific analyses, expert interpretation, and comprehensive databases on New York's flora and fauna to deliver quality information to partners working in natural resource conservation. The end result of our actions will be more compatible management activities around our most imperiled species, ecosystems, and high-quality natural areas, in order to have significant and lasting effects on the preservation of New York's biodiversity. The NHP program was established in 1985 and is a contract unit housed within NYSDEC's Division of Fish, Wildlife, & Marine Resources, staffed by 25 scientists and specialists with expertise in ecology, Zoology, botany, information management, and geographic information systems. The Natural Heritage report is the most comprehensive and current compilation of flora and fauna on Plum Island. The report was provided to the Town previously so that its findings could be considered as the Town developed its comprehensive planning and zoning for Plum Island. While the entire NHP report is relevant and is attached, we excerpt only certain highlights for the purposes of this hearing Plum Island lies in a small archipelago of peninsulas and islands stretching from Long Island's North Forlf to Fishers Island and then to Connecticut and Rhode Island and is surrounded by four bodies of water that 5 influence its offshore and onshore environment and beodeversity: Long Island Sound to the west and north, Block Island Sound to the east, Plum Gut to the immediate southwest, and Gardeners Bay further southwest. Plum Island has been recognized previous]y for its potential importance to New York's and the nation's biodeversity. For instance, the esland is part of the "Decent Point-P/um Island "Important Bird Area (Burger and Liner 2005) and the adjacent waterway known as P/um Gut es a Sebaneficant Coastal Fesh and Wildlife Habitat (New York State Division of Coastal Resources 2009). The geology of Plum Island Is a reflection of its glaceal history, which has resulted in varied topography, 17 soil types, and a diverse flora and fauna. The island has had a long and varied cultural history, including use by Native American and colonial farmers•••.We documented 25 natural community types and 8 cultural community types on Plum Island, including four considered signefecant from a statewide perspective: maritime dunes, maritime beach, maritime bluff, and marine rocky entertedal. The animal biodiversity of the island is poorly known, with the excepteon of the birdlefe. Compileng data from multiple sources, we report that 187 specees have been observed on the island, encluding 57 New York State Species of Greatest Conservation Need (SGCN)•••.Notable birds enclude the Osprey, whose nests now number in the single diboets but for 6 which at one time Plum Island hosted the largest nesting colony in New York. The substantial multispecies heron rookery and gull colony, which thrived into the 1990s, are nowgone, presumably due to the accidental introduction of raccoons. Piping Plover, American Oystercatcher, Northern Harrier, and Common Eider are some of the at-risk species known to breed currently on the island. Scattered sightings constitute the known mammalian fauna of the island, which includes mice, voles, fox, muskrat, beaver, raccoon, and deer (which are killed by island personnel). The island's herpetofauna !s a biba mystery, with three or four turtle species, garter snake, and green frog confirmed, and a great deal other rare species with potential, including mud turtle, tiger salamander, and the newly identified and rare species of leopard frog. Similarly, only a handful of surveys have been done for insects, with the most notable finds being the seaside dragonlet and beach-dwelling hairy-necked tiger beetle. There is boreat potential for additional rare dragonflies, damselflies, and moths on the island. Plum Island's marine environment is highly productive for animals, with bvreater numbers of marine fish in the surrounding waters than in most other sites in the mid-Atlantic. Multiple species of cetaceans have been seen in nearby waters, including the critically endangered northern right whale, and the rocks off of Plum Island's shore are home to the largest seal haul-out site in New York. The eelgrass meadows off of Plum Island have 7 potential to support foraging sea turtles, but survey data are lacking. Plum Island's flora is well documented compared to other taxa. Botanists have recently col/ected 391 species within 246 genera and 89 families and along with historical records there is a total of approximate/y 420 species, Natlve species are still a major component of the natural vegetation. Plum Island, with 16 recorded rare plant species, has one of the highest concentrations of rare plants in New York State, similar to the situation on Fishers Island, a short dr'stance to the northeast. Both r'slands are part of the "outer lands" of the Ronkonkoma moraine /stands east of Long Island and contain a variety of habitats that support rare plants that only occur on the coastal plain of New York. Threats to Plum Island's native biodiversity include invasive species, the potential for residential development, climate change, and on- and offshore energy development such as wind and underwater turbines. Should the opportunity become availab/e for ecological management and/ar restoration, a consortium of stakeholders could contribute to a vision of a desired future condition for the island, which will direct appropriate action. In this report we briefly outline some possibilities to enhance the biodiversity value of the lsland•••. In addition to the genera] comments of support above, we would like to make comments on the specific language of 8 the proposed legislation. Those comments are attached as Exhibit B, "Comments on the specific language and boundaries of the proposed PIR and PIC Zoning Districts." We appreciate the opportunity to provide input to the Southold Town Board on this matter and strongly support your adoption of your proposed Research and Conservation Zoning -Districts on Plum Island. Sincerely, ~,~~~f~ ~~~i Nancy lley Execu ' e Direct r The Nature Conservancy on Long Island Enc EXHIBIT B COMMENTS ON THE SPECIFIC LANGUAGE AND BOUNDARIES OF THE PROPOSED PIR AND PIC ZONING DISTRICT ON PLUM ISLAND MAY 7, 2013 COMMENTS 1) Plum Island's resources have been recognized as important not only to the region, but to the nation•••we suggest the phrase "regionally important ---resources" be replaced by "nationally important resources" wherever that term appears in the text; 2) References to protection of groundwater quality and quantity, we believe, should also reference protection of surface water quality and quantity; 3) Where the legislation calls for sewage treatment, if in fact the Town can regulate in this area through its zoning powers, we propose that it call for a tertiary level of treatment before discharge to the ground or surface waters; 4) We support removing 37 acres from the PIR District and adding that land to the PIC District, as proposed by the Preserve Plum Island Coalition ("in and around the Plum Island Lighthouse and northeast of the existing laboratory"); 5) We do not believe it makes sense to allow solar energy installations at all in the PIC zone, except on the roofs of permitted buildings, and certainly not on 20% of the lot area, or 120 acres; 6) Please also see mark up of local law text below COMMENTS ON THE TEXTOF THE PROPOSED AMENDMENTS 2013-276 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set Public Hearing for May 7, 2013 at 7:32 PM for a Local Law in Relation to the Marine (II) District and Plum Island Zoning WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of March, 2013, a Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" now, therefore, be it2 RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 7th day of May, 2013, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning". Article XXXI Plum Island Research District (PIR) §280-182. Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities, provide quality employment opportunities and to preserve Plum Island's r~~jgnally_.~taily-.significant natural, historic, scenic and cultural resources. §280-283. Use regulations. In the PIR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Research laboratories with multiple buildings allowed in a campus-style development, subject to the following conditions: (a} The use shall not involve the handling, storage or discharge of explosives. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact ground or surface waters. (c) All sewage will be treated by a sewage treatment plant or similar sewage treatment to a tertiary level of treatment 6efiore discharge into ,round or surface Urater~. (2) Educational facilities, with multiple buildings allowed in a campus-style development. All sewage will be treated by a sewage treatment plant or similar sewage treatment 'o a te,, ar lee"_;" treatment before discharge nto~rour~ ,r s,: aye ~a:e__.: B. Uses permitted by special exception of the Board of Appeals. The fallowing uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar energy generation in excess of that needed to provide power to permitted uses, subject to the following conditions: (2) Museums housed in a designated historic landmark. All sewage will be treated by a sewage tre~a't^ment plant tc a tertiary level of treatment,be_fore discharge into Rr'ound or surface waters.o-r piny-npf. C. Accessory uses. The following uses are permitted as accessory uses: (1} Any ~~.a~structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter; (2) Sleeping quarters, apartments or dormitories providing accommodations solely for personnel associated with permitted or special exception uses set forth in §280-182(A) and §280-182(6}; (3) Cafeteria for personnel associated with permitted or special exception uses set forth in §280- isz(A)and §26o-isz(B); (4) Infrastructure necessary to the operation of the permitted or special exception uses set forth in §280-182(A) and 4280-182(8), limited to roads, sewer system, ~;ater ssaahJ wells. water storage and water pipelines and utility lines, fuel storage and d~stridution sy;eems which m et federal, state county and local standards for the storage ~,r.razarclous materials; (5) The existing harbor and ferry facility for transportation by boat to and from the Island. §280-184. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Research District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 175 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 20% of buildable land witJ?~n_he ?.R Distric_, except that solar energy installations combined with aA other lot coverage may exceed this limit up to a total of 50%of buildable land within the PIR District let-Eevesage:. §280-185. Setbacks. New structures and impervious surfaces shall be set bark at least 300' from the t~luff line. shoreline and edge o€ wetlands. Article XXXII Plum Island Conservation District (PIC} §280-186. Purpose. The purpose of the Plum Island Conservation District is to preserve the integrity of the re-glssaaNy naticnally significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. §280-187. Use regulations. In the Plum Island Conservation District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: {1) Nature preserve (2) Public park for passive recreation (3) Educational facility related to the study of natural resources conservation_an~' Pass; uc zcreaticn. All sewage wilt be treated by a sewage treatment plant or sirniiar sem~a~e treatment tc a terCiaryleveioftreatmen;befu~^..duharg.~_~+u~~roLndcrsur~a=e~nans;a-~r~~~;, ~ o~ ~zc,~rat: (4) Museums, housed in existing designated historic landmark. All sewage will be treated by a sewage treatment plant or similar sewage treatment ~o a terta,~ ievei or" Treatment i7efore c~ischarae into around or surface waters B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: a.._._~o+ar-e~nnerA}.-ge?~era?i~i,~+,-i~- x esr.^~ •,~=~ae~#er#-=~-r3+~~SF-~»-.,~er~~rrr~r#ea-~r~{,-s~ejE~;-it3 xe-to-isesvia{g-e~.d ?+erk=a C. Accessory uses. The following uses are permitted as accessory uses: (1) Any ctastomarv-structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter; (2) Sleeping quarters, apartments or dormitories providing accommodations solely for personnel associated with the permitted or special exception uses set forth in §280-186(A)..=ae-§~E?9=2St3{C~?- D. Additional Standards: All uses in this District shall be subject to the following: Vegetation shall not be disturbed. Where noxious or invasive plants are overtaking native fau;iaf _~r~,_or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants; 2. an application fee of $100; 3. The Planning Board shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. §280-188. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in 280-78 and 280-79. Plum Island Conservation District Bulk Schedule: (to be placed in a new Appendix) Minimum Lot Size: 600 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 2%of buildable land~e~t-t , #~Prr,~..,.,, ~ _~._`29S°~.~tot-c~oa~erag~. Impervious surfaces (ird~tdina 2% I~ cage-_~e_6%of buildable land-e~ceai soh~~~; irtsEattztiata~ ,~-^,~^.^-'•lais-4irait-=+frt+~rtc3E ~r+C-2g~.:ay~!v~ee. §280-189. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the shoreline bluff line and edge of wetlands. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon tiling with the Secretary of State as provided by law. i g dv~,, on?D`s[iict IC?~'~" Town of Southold Plum Island Proposed Zoning ® Zoning Boundaries AAap Propared;by Tovm of Soud~old t3tS March 2~,20A8 Aerial Photogr~aph® Taken From Spring 2010 Flight s~ie: t inaiGary>~ tador~i 3ulfoYt Cou¢dy 124xd I~ropertY Te%Servtce Agency GtS. 9s88n18p.COPYRI6NT 2013, County of SufloNc, N.Y. ~ ~ n{: d AUdUbOI1 NEW YORK I r~lhun,,..u,c I ~L ~ I A-,1GO ~l; ; l P:u~. SIN-F(iJ-n-i; p and ubonn}-<9,~unlubon.org, SUperv150r SOOtt Russell ~4 ~ ~ ~ ttl . iu~Iuhun.u r~ Members of the Town Board D E-C fS D Town Hall 53095 Main Rd SAY ~ 0 P.O. Box 1179 " ` Southold, NY 11971 SUPFRV;SOR'S OFFICE ' 70VdPi OF SOlITI10LD May 7, 2013 ~ " RE: A Local Law in relation to the Marine (II) District and Plum Island Zoning ~ ~ Deaz Supervisor Russell and Members of the Southold Town Board, On behalf of Audubon New York and Audubon Connecticut, the state programs of the National Audubon Society (Audubon), we thank you for the opportunity to provide the following comments in support of the Town of Southold's proposed "A Local Law in relation to the Marine (II) District and Plum Island Zoning." We commend the i; , Town for advancing this strong proposal to protect the important ecological features , ~i n„~,F~~„~,,; of thisineredibleresource. _~i~~~_~ The mission of Audubon is to conserve and restore natural ecosystems, focusing on _ i i..~, a birds, other wildlife, and their habitats for the bene5t of humanity and the earth's " biological diversity, To guide our conservation efforts, Audubon has identified ~ Important Bird Areas (IBAs) throughout the state and nation that provide critical i ~i~~~i,i; habitat for birds based on a sa of standardized site criteria. In addition to identifying " IBAs, Audubon is also en a ed in lar a scale erns stem restoration cam ai sand ,~n~~ i i i„~~~,,~„~ g g g Y P te, i_:, ~ i ~ ~ u,,, ,n~, has been a leading force working to secure desperately needed federal funds to restore " ~ ` the water quality and protect the important habitats of Long Island Sound. ~i~,~. i1 ~~~,i-~~;~~ i-:,., ~ , With its mixture of rocky shoreline, sand beaches, wetlands, and various upland ' shrub, grassland, and forest habitats, Plum Island stands out as a critically important ~ habitat and a key migratory bird stopover site on Long Island Sound. In 1997 Plum " ~ ~ ~ Island was recognized as part of the Orient Point to Plum Island IBA because it ` supports large concentrations of birds, including at-risk species like the federally threatened Piping Plover and endangered Roseate Tem. Since that time we have worked heavily to ensure the future protection of this amazing resource, and remain concerned over efforts by the Federal Government to sell the Island without restrictions to protect the ecological features that make it significant for birds and other wildlife. In 2005, to further the protection of this IBA, Audubon New York convened a group of partners to identify the greatest threats and conservation needs ' for this area. The result of that effort was a Conservation Action Plan for the IBA that was finalized in 2009. The plan emphasizes the need to protect the critical natural resources of Plum Island and one of the priority strategies identified in the plan is to increase our understanding of bird usage on Plum Island. Over the last 5 years, Audubon has participated in bird surveys to better document birds' usage of the site. Through these surveys, over 190 bird species have been documented breeding or foraging on Plum Island and adjacent coastal waters, including birds-of--prey, shorebirds, wading birds, waterfowl, and songbird species. However, we know that these limited surveys are only providing us with a snapshot of the ecological value of Plum Island and it is likely more species depend on it than we are aware. Notable species found on Plum Island include; breeding Piping Plovers (a federally threatened species), nesting Osprey, an active Bank Swallow colony, several dozen Roseate Terns (a federally endangered species), and several hundred Common Tems (a NYS threatened species), which feed in nearby surrounding waters. The waters surrounding Plum Island are rich in nutrients and are vital feeding and courting grounds for birds such as terns and waterfowl. Plum Island also provides important stopover habitat for many fall and spring migrant raptor, songbird and shorebird species. Finally, Common Eiders, known to breed on nearby Fisher's Island, may also breed on Plum Island; if so this would be only the second location in the State where this sea duck breeds. All this highlights the biologic importance of this island and its unique contribution to the ecology of the Long Island Sound Estuary. Efforts must be made to ensure these unique natural assets aze protected in perpetuity, and we appreciate the Town's attention to this. ' Conserving this area long term not only makes good environmental sense, but represents good fiscal policy as well. Bird watching is the fastest growing outdoor recreation in New York and across the nation, with an estimated 3.8 million bird and wildlife watchers in New York contributing $4.2 billion to the state economy as estimated by the US Fish and Wildlife Service. Ensuring the future protection of this critical area, that supports such a great diversity of bird species, will help communities surrounding Plum Island continue to capitalize on this ecotourism revenue and provide alternative options to market the island as a tourist destination. With this in mind, Audubon strongly supports the proposed zoning changes by the Town that delineates a conservation district, including the Piping Plover nesting area and important wetland habitat. In order to enhance this proposed conservation district, which does not cover all the aeeas on the island that are important to birds, we ask that the Town consider a few additional items when planning for the future of Plum Island. We urge that any future development in the Research District be required to maintain the same footprint as the existing development. In addition, we ask that wetlands within the Research District be conserved (e.g., the cattail marsh) and that the areas surrounding the sewage treatment pond continue to be maintained in a way that provides bird habitat. To bolster the protections afforded in the Conservation District, we recommend that future land uses be restricted to only those which maintain or enhance the habitat in the Conservation District. Industrial uses, such as siting photovoltaic cells, would undermine the habitat value of the Conservation District and should be avoided. In addition, it's important to note that although the historic Piping Plover nesting areas are contained within the conservation district, there are additional stretches of shoreline that have the potential to provide habitat to beach nesting birds and should be protected. We once again commend the Town for advancing this zoning proposal that will help ensure the most important habitat areas on Plum Island are protected from future land use changes: We would be happy to meet with the Town to discuss any of these recommendations further, and please don't hesitate to .contact Jillian Liner at 607-254-2437 or jlinerCn~audubon.org. Since>•ely, 1~--' 9 Jillian Liner Patrick M. Comins Audubon NY Director of Bird Conservation Audubon CT Director of Bird Conservation . 7~.3aOin RECEIVED Plum Island Planning Study MAY 6 2013 Southold Planning Board Apri123, 2013 Southold Town Clerk Plum Island consists of an 8231 acre island about 1.5 miles from the tip of Orient Point. There are two other parcels associated with Plum Island and located in Orient Point, a 9.5 acre waterfront parcel containing the ferry terminal for Plum Island, as well as another parcel (0.2 acres) near the tip of Orient Point (an in-holding in Suffolk County's Orient Point County Park containing the electric power transfer station). Plum Island has been entirely under the control of the federal government since 1901, with some federal ownership on the island beginning as early as 1826. It was used by the government for military purposes, first as an army base, and then as a military research facility. Later the island became an animal disease research facility, which has operated on the island since 1954 under the US Department of Agriculture and currently controlled by the US Department of Homeland Security. The island has never been officially assigned a zoning district by the Town, largely because land being used by the federal government for a public purpose is exempt from local zoning laws. Now that the island is scheduled for sale into private ownership by an act of Congress, it is prudent for the Town to assign a zoning designation. Plum Island infrastructure & resources Currently the island contains 554,109 square feet of building space in 47 buildings, including the Plum Island Animal Disease Center (PIADC) and associated buildings, historic Fort Terry buildings in various states of repair, the Plum Island Lighthouse, and various other buildings, some currently in use, and some vacant. There is an electrical system connected by underwater cable to the main power grid on Long Island, as well as an emergency generator designed to keep the lab in operation should electricity from the mainland fail. The water system is supplied by freshwater wells on the island, and includes a 200,000 gallon water tower and water distribution system, with a sustainable capacity of about 150,000 to 200,000 gallons per day (gpd)Z. There is The area of Plum Island is reported differently in different sources. We chose to use the size calculated by the Town of Southold's GIS system, with line-work based on the Suffolk County Tax Map. The true size of the island can only be determined by a survey. z BMT En[ech, Inc. 2002. CERCLA program report for Plum Island Animal Disease Center. Contract No. 43-3K I5- 1-0006. Prepared for U.S. Department of Agriculture. I also a wastewater treatment plant with a capacity of 80,000 gpd (although it is currently permitted at 60,000 gpd)3. Though used intensively at times in the past, a majority of the island has been left to grow wild over time as the activity has been concentrated on the small area in the immediate vicinity of the active lab buildings and support infrastructure. This has allowed natural habitats to re-grow undisturbed, and the island is host to diverse populations of flora and fauna, including one of the highest concentrations of rare plants in New York State. Plum Gut, the adjacent waterway between Orient Point and Plum Island, is designated by the State as a Coastal Significant Fish and Wildlife Habitat. It is also identified by Audubon as an Important Bird Area for the 187 species of birds observed there, including thirteen New York State Species of Greatest Conservation Concern that use the island as a breeding ground. In addition, the island is located in the Atlantic Flyway, providing essential resting and feeding habitat for migratory birds. The flora is also diverse, and includes at least 25 different natural communities, including four considered significant from a statewide perspective: mazitime dunes, maritime beach, maritime bluff, and marine rocky intertidal. The marine environment at the edge of and surrounding Plum Island is home to the state's largest seal haul-out site, and productive eel-grass meadows, and has been shown to be a highly productive area for mazine fish species.° Rationale for creating new zoning districts for Plum Island The existing zoning districts, as well as the other islands in Southold which are currently zoned, were examined for their applicability to Plum Island. Upon review of the issues related to the future potential uses of the island should it become privately owned, it is clear that none of the current Southold Town zoning districts are suitable. Plum Island is unique in size, location and uses, and new zoning designations must be crafted to adequately address the situation. The rationale for creating new zoning designations to regulate future uses for Plum Island is based on a study of the limited infrastructure, both on the island and in the eastern portion of Southold Town, the community character of the Town, including along the main route to the island through East Marion and Orient, the economic value of the current use of the island, the value of the natural resources supported by the island, and the historic resources. A study of the other islands' characteristics and zoning demonstrated that Plum Island is unique among them for many reasons. Plum Island, at 823 acres is the only island of its size in the Town. The three other islands of considerable size aze Fishers Island at 2,644 acres, Robins Island at 455 acres and Great Gull Island at 17 acres. The other seven islands range in size from one tenth of an acre to three acres. Details about the infrastructure of Plum Island are from the Draft Environmental Impact Statement dated July 13, 2012, for the Public Sale of Plum Island, New York. ' Schlesinger, M.D., A.L. Feldman, and S.M. Young. 2012. Biodiversity and ecological potential of Plum Island, New York. New York Natural Heritage Program, Albany, New York. 2 Plum Island is unique in its recent past and current uses, both on the mainland and among the other islands in Southold. Although other Southold islands are/were owned by the federal government and used for various purposes (military and aids to navigation), Plum Island is the only island with a major research facility (PIADC). Afrer some history as a military fort, Great Gull Island has been owned since 1949 by the American Museum of Natural History for the purpose of a bird sanctuary. Robins Island was and is privately owned, and is protected by a perpetual conservation easement held by The Nature Conservancy, which limits future development to only a few structures. It is zoned R-400 Residential Low-Density District (ten- acre minimum lot size), Southold's most restrictive zoning district, and the conservation easement restricts the uses even further. Both Great Gull and Robins Island have issues similar to Plum Island with regard to potential development, however both are protected from development making it unnecessary for the Town to take any further steps to mitigate the potential impacts of any future development. Fishers Island's recent past and current use is very different from that of Plum Island in that it has been developed primarily with residences with a small commercial center. More important than its land use is the island's geographic location as a reason for it being unsuitable as a comparison for zoning of Plum Island. Because of its proximity to Connecticut, Fishers Island's residents have direct nearby access to necessary services in New London, CT, while Plum Island's nearest access to services is through Orient, NY. It is the difference between these two access points that make the case for Plum Island's uniqueness as compared to Fishers Island. New London is a small city through which a major interstate highway runs. The city contains the basic services that the residents need, including doctors, a hospital, and retail stores. Orient, by contrast, is a small hamlet served by a two-lane road. The nearest grocery store, hospital and other services are over eight miles away in Greenport, and these are limited in size to that typically found in a small village. Once on the mainland, the nearest interstate is over 31 miles away (a 45 minute drive). Plum Island is also unique with regard to the mainland of Southold Town by the fact that it is a small island located at the end of the peninsula, with its main access through the most sparsely developed part of the Town. There is no other land in Southold Town with a comparable situation. For all the reasons stated above, Plum Island was found to be a unique situation not contemplated in current zoning districts. All the existing zoning districts allow one or more uses that are contrary to the goals for Plum Island to continue to provide high quality employment opportunities, while minimizing the impact to the Town's most rural hamlets, and preserving the natural and historic resources on the island. 3 Rationale for the proposed zonipe Transportation and access When considering zoning for Plum Island, we must take into account the community character and quality of life along the transportation route to and from the island and through the neighboring hamlets. The nearest hospital, grocery store and other services to Plum Island's ferry landing in Orient Point are located in Greenport and farther west, requiring a trip of at least eight miles along atwo-lane road through the hamlets of Orient and East Marion. They are the most rural hamlets in Southold Town. Both are primarily residential hamlets with low density. For example, Orient Hamlet includes a total of 765 residential units at an overall density of about 5 acres per unit. Both hamlets are already adversely affected by intense pulses of traffic caused by the Cross Sound Ferry operation. Any additional traffic would degrade the community character and quality of life by adding noise, decreasing air quality from added vehicle emissions, and decreasing the safety of the main road. The transportation route is also a New York State designated Bike Route, and a New York State designated Scenic Corridor. Adding traffic to this corridor would decrease the safety for cyclists, and erode the scenic qualities. All the current zoning districts in Southold Town Code, should any be applied to Plum Island, have the potential to create adverse traffic impacts by nature of their minimum lot size requirements and lack of detail and sensitivity to the unique situation of Plum Island. The proposed zoning districts are designed specifically for Plum Island's unique situation as it relates to traffic and transportation and the nearby communities that would be most affected by it. Plum Island as a source of high-quality employment Plum Island has long been a source ofhigh-paying technical jobs for Southold Town residents. Currently the lab employs 60 people who live in Southold Town. Retaining a research and/or an educational facility that will provide a similar number of jobs is of great importance to the Town. The Plum Island Research District is designed to encourage this type of development by clearly stating that type of use is allowed, and also by limiting the ability for the island to be subdivided. This subdivision limitation (accomplished by the large minimum lot size), will ensure the site of the research facility remains large enough to contain and maintain its own infrastructure, as well as containing enough land for future expansion, and to retain flexibility in future design . Preservation of natural and cultural resources Water While Plum Island's aquifer could support some level of future additional development, it is in the best interest of the overall Town to limit the use of this precious resource. Having a nearby 4 source of potable water could be critical to the Town's future infrastructure and ability to provide clean water for its citizens, especially in Orient which is served by their own sole source aquifer. Orient's sole source aquifer is already suffering from some pollution and salt water intrusion. Therefore it is good planning to preserve Plum Island's aquifer as a future source of potable water for the Town. The Plum Island Conservation District will accomplish the goal of protecting Plum Island's aquifer by limiting the amount of development that will occur over the majority of the island, and also limiting the type of development to that which would use very little water, and contribute little or no pollution to the groundwater. It has been well documented that intense development can contribute significant amounts of pollution to the groundwater in the form of excess nitrogen and other pollutants through stormwater runoff, septic systems, and the application of fertilizers, and pesticides. Habitat & Wildlife Plum Island contains flora and fauna unique to the state in their quality and should be preserved with as little disturbance as possible (see above for more details). The proposed Plum Island Conservation District will accomplish this goal by limiting the amount of human disturbance on the island. The new zoning will provide additional protection to wetlands and surface waters, both of which contain important sensitive wildlife habitats, by ensuring that all structures and impervious surfaces be set back at least three hundred feet from surface waters and wetlands. Historic Resources Plum Island contains unique historic resources, including the Plum Island Lighthouse and Fort Terry. In addition to any federal historical designations, the proposed zoning districts will preserve and protect those historic resources by allowing uses of the island that are complementary to historic preservation including educational facilities and museums. Public Safety and Emergency Response. Serving the public safety and emergency response needs of an island are challenges for small Towns such as Southold. The rural Fire Districts have limited revenue and personnel. In the case of Plum Island, the nearest Fire District is Orient. Presumably this Fire District would be called upon to serve the emergency and fire needs of any development on Plum Island. Southold Town Police would be the nearest law enforcement agency. The proposed Plum Island Research District and Conservation District are designed to limit the potential strain on local first responder and public safety resources by limiting the amount of development on the island and concentrating the majority of potential development in one area. Currently the PIADC has their own fire equipment, and some future similar use that fits in with the proposed zoning could presumably do the same. 5 Navigation The Plum Gut and other waters adjacent to Plum Island are important navigation channels. The Cross Sound Ferry travels through Plum Gut, as well as other boat traffic on its way to CT, Fishers Island, and Block Island. The proposed zoning districts address this by limiting the uses to those that would not interfere with navigation. Commercial & Recreational Fishing Commercial and recreational fishing are important to Southold's economy. The waters surrounding Plum Island are productive fisheries. The proposed zoning districts protect the nearby fisheries by limiting future uses of the island to those that will not interfere with fisheries. Conclusion The federal government, and more particularly the U.S. General Services Administration, have begun the process to sell Plum Island. While zoning was not necessary while the island was in federal ownership (local zoning does not apply to the federal government), the Town of Southold has found it prudent to zone the island in the event the island is sold into private hands. The island has many resources important to the Town, is unique in many ways, and warrants its own zoning designation to best regulate its future uses. The new zoning designations accomplish the multiple goals for the island of protecting its exceptional natural resources, while also providing for future economic opportunities. They also provide the necessary balance with the nearest mainland connection at Orient Point, ensuring that the rural character of the hamlets of East Marion and Orient is maintained. 6 i lYiAn•mTG ADDRE99: PLANNING BOARD MEMBERS ~~F $DUr P.o. Box 117s DONALD J. WILCENSKI 0~ HD Southold, NY 11971 Chair ~ OFFICE LOCATION: WILLIAM J. CREMERS ~ ~ Town Hall Annex i PIERCE RAFFERTY G~ • ~ 54375 State Route 25 JAMES H. RICH Ili ~ (cor. Main Rd. & Youngs Ave.) ~ MARTIN H. SIDOR lyC0VO1, ~ Southold, NY i Telephone: 631766-1936 Fax: 63176b-3136 ~I' PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MAY 6 ~ui3 MEMORANDUM Southold Town Clerk I To: Martin Finnegan, Town Attorney I i From: Mark Terry, Principal Planner Date: May 6, 2013 Re: SEQRA Review of the Plum Island Planning Study (2013) prepared by the Town of Southold Planning Department The proposed action of the preparation of the Plum Island Planning Study (2013) has been reviewed to Chapter 130 Environmental Quality Review of the Southold Town Code and the New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5C (21) provided below, the action, as proposed is a Type II action and therefore not subject to SEClRA review. (21) conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary. planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action. Please contact me with any questions. Cc: Heather Lanza, Director of Planning L • ~ (SOX 282 • ORIENT, NEW YORK 11')57 • ORIENTASSOCIATION.ORG ~f To: Southold Town Supervisor and Board May 5, 2013 Ladies and Gentlemen, On behalf of the Board and the Membership of the Orient Association, I wish to express our support for the Proposed Zoning of Plum Island. As we have indicated at numerous community and governmental meetings over the past year, the future use of Plum Island will have a very dramatic effect on the quality of life for the residents and organizations located in Orient. It will also have a significant impact on all of the people and businesses in the Town of Southold, the East End and even the rest of long Island. The federal facility on Plum Island has been a complex neighbor. It plays an important role in the safety of our country's agricultural interests, but poses challenges relating to safety and environmental responsibility. The ecological importance of Plum Island deserves special attention and very careful planning. Given the proposed sale by the General Services Administration (GSAj, it is imperative that the Town establish the zoning standards that will apply once the property is no longer under federal control. The Orient Association was particularly concerned to hear about some of the alternative usage plans the GSA outlined in its draft Environmental Impact Statement. The possible creation of significant numbers of residential units or extensive commercial use on the Island would have a seriously negative effect on the community and place extensive burdens on the Town infrastructure. It would also jeopardize an area that is now effectively a wonderful nature preserve, as well as an important historic site. We believe that zoning to preserve the current level and type of usage would be in the best interests of the residents and commercial interests of Orient and the Town as a whole. The Town's proposed zoning plan is an excellent step in that direction. We support the two- zone structure as planned. We also recognize the potential benefits of allowing some alternative energy research and uses. However, the placement and type of that usage needs to be carefully planned to avoid harming important plants and animals, and to support the use of the majority of the Island as a nature preserve and educational resource. We understand that the Supervisor, Board and Staff of the Planning Department are in the process of developing a comprehensive plan for alternative energy usage throughout the Town. We also support this effort. On behalf of the Association, I wish to thank the Supervisor, Board and Staff for the obvious thoughtfulness and extensive efforts that have gone into this zoning proposal. We look forward to working with the Town to make this plan a reality. . )Yours Sincerely, ^1~.~ O4?--... Venetia Hands President 7~3~ >°m North Fork Environmental Council 12700 Main Road ®9't~ \ Mattituck9NY11952 C3i®d[~'~t~l~f~~~~ 'f~m~~~l~ Phone: 631.298.8880 V Fax: 631.298.4649 t f Web: www.NFEC1.org 3 May 2013 RECEIVED Attn: Scott Russell, Supervisor MAY E X013 Southold Town Board P.O. Box 1179 Southold Town Clerk 53095 Route 25 Southold, NY 11971 RE: Proposed Zoning Plan, Plum Island Dear Supervisor Russell and Southold Town Board Members, The North Fork Environmental Council (NFEC) wishes to thank the Supervisor and the Town Board for its foresight and its work in developing a zoning plan for Plum Island in advance of any potential federal sale of the island. Such diligence will go a long ways towards ensuring that any transfer of ownership of the island will be both on the terms of Southold Town and in the best interests of the Town, its residents and the island's wildlife and other natural resources. Therefore, the NFEC wishes to voice its support of the general zoning plan for Plum Island. By identifying a Plum Island Research District and a Plum Island Conservation District, the zoning plan at its minimum supports the "status quo." This is important as it defines and protects the island's assets now and into the future, but it also acknowledges and protects the quality of life so valued by the residents of Southold Town, especially those from Greenport to Orient Point. By removing the spectre of vast residential and commercial expansion on the island, the zoning plan also greatly reduces the possibility of any associated expansion of traffic on local North Fork roads. But we must be aware that passage of this zoning plan is simply a first, important step in what looks to be a long road ahead. And as we look ahead, the NFEC wants to work with the Town and other parties to ensure that if the federal sale of the island proceeds, that future uses of both the Research and Conservation Districts protect the island's unique ecosystems and do not adversely impact the way of life on the North Fork, especially traffic along Route 25 between Greenport and Orient Point. page 2 In considering the Town's proposed zoning, the NFEC supports the changes suggested by the Preserve Plum Island Coalition. They include: 1) to move the majority of the coastline around the proposed Research District into the Conservation District so that as much of the natural shoreline as possible will be protected 2) move approximately 35 acres of untouched upland growth to the west of the main lab, along the western shoreline bluffs, to the Conservation District 3) move approximately 2 acres of wetlands and ponds to the southeast of the lab into the Conservation District 4) to remove the language which allows up to 20% of the Conservation District to be used for solar arrays as such coverage would be detrimental to plant and animal life, even if placed in an area where little or no clearance of vegetation is required We believe that these relatively small changes will better serve to protect the unique ecosystems and nature of Plum Island and thus protect the native plant and native and visiting species of birds and animals with no impact on the use and value of the Research District. The NFEC looks forward to working with the Town and all interested parties in making sure that the future of Plum Island serves the best interests of the Town and its residents, as well as protects one of last remaining unprotected coastal conservation areas on Eastern Long Island. Sin/c'erel~yp, yG iiti~%G`~/l3^ William Toed r president NFEC on behalf of the NFEC Board of Directors cc: Bob DeLuca, Group for the East End Randy Parsons, The Nature Conservancy, Long Island Chapter Charles Rothenberger, Connecticut Fund for the Environment Leah Schmalz, Save the Sound John Turner, Preserve Plum Island Coalition Diana van Buren, North Fork Audubon Society , The Town Board has received numerous lengthy written comments on the proposed local law that are hereby acknowledged and incorporated into the record of this public hearing. They include: 1) A letter from Congressman Tim Bishop dated May 1, 2013 in support of the proposed zoning of Plum Island; 2) A letter from Venetia Hands dated May 5, 2013 and the Orient Association offering their support for the proposed zoning of Plum Island; 3) A letter from William Toedter, President of the North Fork Environmental Council dated May 3, 2013 offering support and comments on the proposed zoning consistent with those offered by the Preserve Plum Island coalition; 4) An email from Randy Parsons from The Nature Conservancy dated May 6, 2013 and the attached report entitled Biodiversity and ecological potential of Plum Island, New York. 5) A letter from the Citizens Advisory Committee of the Long Island Sound Study dated May 7, 2013 offering their support and proposed comments to the proposed zoning; 6) A letter from Nancy Kelley, Executive Director of the Nature Conservancy dated May 7, 2013 offering support and recommendations for the proposed Plum Island Conservation District; 7) A letter dated May 7, 2013 from Jillian Liner and Patrick Comins from Audubon New York offering support and recommendations for the proposed local law. ~'~--t' i s ~r -~.~~.~-.L fi~-~- o -~-e,~-~.~fi ~o~ p ~a-r^ , ~~,P The Town Board will review and consider all oral and written comment submitted for the record prior to the adoption of any local law. I note that the record of this proceeding will remain open until June 14, 2013 for the submission of written comment. Following the receipt of comments this evening, the public hearing will be adjourned until June 18, 2013 so that the SEQRA review process can be completed. , I . MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 DONALD J. WILCENSKI O~y1~F SOUjyo Southold, NY 11971 Chair 't OFFICE LOCATION: WILLIAM J. CREMERS y~e Town Hall Annex PIERCE 12AFFERTY ~C 59375 State Route 26 JAMES H. RICH III ~ ~ (cor. %ain Rd. & Youn Ave.) MARTIN H. 9IDOR `~C~~ ~ Southold, NY ~ Telephone: 631 766-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTIiOLD MEMORANDUM RECEIVED To: Elizabeth A. Neville, Town Clerk APR 2 9 213 From: Donald J. Wilcenski, Chairman ~~~1 Southold Town Clerk Date: April 29, 2013 Re: Resolution Number 2013"276" A Local Law in Relation to Amendments to the Marine II District and Plum Island Zoning". Thank you for the opportunity to provide comments on the proposed amendments to the Town Code referenced above. The Planning Board has prepared a planning study in support of the proposed zoning for Plum Island, .see attached. In addition to the island, the federal government also owns and is proposing to sell its parcel in Orient Point that contains the ferry dock and related buildings serving the Plum Island facility. This parcel is already zoned Marine II. It is prudent for the Town Board to consider the potential usesfor this parcel should it • become privately owned, and in particular its potential future use as a ferry dock. The Planning Board supports the proposed amendments to the Marine II zoning district for the following reasons: A ferry service has the potential to be an intense land use with the impacts spreading far from the ferry landing site in the fonn of traffic and its associated noise and pollution. Experience in Southold Town has made it clear that there are minimum land area needs for a ferry service to ensure it is able to operate safely and with the least impact to surrounding communities. I . I 1 Ferries capable of carrying vehicles must have adequate space to stage the vehicles arriving to board the boats. A staging area that cannot accommodate all ~ the vehicles arriving at the site will result in traffic backing up into the public streets, increasing the possibility of accidents. In addition, there must be sufficient area to park cars for passengers boarding on foot, and especially for I passenger-only ferries. Mass transit in Southold is limited at this time, thus passengers wishing to walk on to a ferry would likely be arriving in a personal automobile. Insufficient parking ~ leads to unsafe conditions for the public through overcrowded parking lots or haphazard parking along the public streets. The parking and staging area requirements are directly correlated to the number, size and type (passenger or vehicle) of ferries landing at the site. The parking calculation for passenger-only ferries is based on the capacity of the passenger ferry and the assumption that the majority of passengers will drive a car to the ferry and need to park at the site for the duration of their trip. If the ferry can • accommodate 300 passengers, for example, presumably all 300 passengers could, in the worst case scenario, drive a car to the site. It is more likely, however, that there will be a combination of situations ranging from one person per car to four or more. To account for this variation, it is reasonable to assume that a calculation based on one car per two people would likely provide enough parking for a full schedule of passenger ferries. i For the auto ferry's parking calculation, we assumed that about 10% of the passengers would arrive by car, but would walk on and park their car instead of driving on. Again, we divided that number by two to account for the variation in numbers of people per car, assuming that allowing for two people per car would average out. The new minimum lot size ensures that there will be enough land area to safely accommodate the necessary parking and staging areas. cc: Scott Russell, Town Supervisor Members of the Town Board Town Attorney 2 Plum Island Planning Study Southold Planning Board Apri123, 2013 i Plum Island consists of an 8161 acre island about 1.5 miles from the tip of Orient Point. There are two other parcels associated with Plum Island and located in Orient Point, a 9.5 acre waterfront pazcel containing the ferry terminal for Plum Island, as well as another pazcel (0.2 acres) near the tip of Orient Point (an in-holding in Suffolk County's Orient Point County Park containing the electric power transfer station). Plum Island has been entirely under the control of the federal government since 1901, with some federal ownership on the island beginning as early as 1826. It was used by the government for military purposes, first as an army base, and then as a military research facility. Later the island i became an animal disease research facility, which has operated on the island since 1954 under the US Department of Agriculture and currently controlled by the US Department of Homeland ~ . Security. The island has never been officially assigned a zoning district by the Town, largely ~ because land being used by the federal government for a public purpose is exempt from local zoning laws. Now that the island is scheduled for sale into private ownership by an act of Congress, it is prudent for the Town to assign a zoning designation. Plum Island infrastructure & resources Currently the island contains 554,109 square feet of building space in 47 buildings, including the Plum Island Animal Disease Center (PIADC) and associated buildings, historic Fort Terry buildings in various states of repair, the Plum Island Lighthouse, and various other buildings, some currently in use, and some vacant. There is an electrical system connected by underwater cable to the main power grid on Long Island, as well as an emergency generator designed to keep • the lab in operation should electricity from the mainland fail. The water system is supplied by freshwater wells on the island, and includes a 200,000 gallon water tower and water distribution system, with a sustainable capacity of about 150,000 to 200,000 gallons per day (gpd)Z. There is ' The area of Plum Island is reported differently in different sources. We chose to use the size calculated by the Town of Southold's GIS system, with line-work based on the Suffolk County Tax Map. The true size of the island can only be determined by a survey. a BMT Entech, Inc. 2002. CERCLA program report for Plum Island Animal Disease Center. Contract No. 43-3K15- I -0006. Prepared for U.S. Department of Agriculture. also a wastewater treatment plant with a capacity of 80,000 gpd (although it is currently permitted at 60,000 gpd)3. I Though used intensively at times in the past, a majority of the island has been left to grow wild over time as the activity has been concentrated on the small area in the immediate vicinity of the active lab buildings and support infrastructure. This has allowed natural habitats to re-grow undisturbed, and the island is host to diverse populations of flora and fauna, including one of the ~ highest concentrations of rare plants in New York State. Phun Gut, the adjacent waterway between Orient Point and Plum Island, is designated by the State as a Coastal Significant Fish and Wildlife Habitat. It is also identified by Audubon as an Important Bird Area for the 187 species of birds observed there, including thirteen New York State Species of Greatest Conservation Concern that use the island as a breeding ground. In addition, the island is located in the Atlantic Flyway, providing essential resting and feeding habitat for migratory birds. The flora is also diverse, and includes at least 25 different natural communities, including four considered significant from a statewide perspective: maritime dunes, maritime beach, maritime bluff; and marine rocky intertidal. The marine environment at the edge of and surrounding Plum • Island is home to the state's largest seal haul-out site, and productive eel-grass meadows, and has been shown to be a highly productive area for mazine fish species.4 i Rationale for creatine new zonine districts for Plum Island The existing zoning districts, as well as the other islands in Southold which are currently zoned, were examined for their applicability to Plum Island. Upon review of the issues related to the future potential uses of the island should it become privately owned, it is cleaz that none of the current Southold Town zoning districts are suitable. Plum Island is unique in size, location and uses, and new zoning designations must be crafted to adequately address the situation. The rationale for creating new zoning designations to regulate future uses for Plum Island is based on a study of the limited infrastructure, both on the island and in the eastern portion of Southold Town, the community character of the Town, including along the main route to the island through East Marion and Orient, the economic value of the cun•ent use of the island, the value of • the natural resources supported by the island, and the historic resources. A study of the other islands' characteristics and zoning demonstrated that Plum Island is unique among them for many reasons. Plum Island, at 816 acres is the only island of its size in the Town. The three other islands of considerable size are Fishers Island at 2,644 acres, Robins Island at 455 acres and Great Gull Island at 17 acres. The other seven islands range in size from one tenth of an acre to three acres. ' Details about the infrastructure of Plum Island are from the Draft Environmental Impact Statement dated July 13, 2012, for the Public Sale of Plum Island, New York. ° Schlesinger, M.D., A.L. Feldman, and S.M. Young. 2012. Biodiversity and ecological potential of Plum Island, New York. New York Natural Heritage Program, Albany, New York. 2 Plum Island is unique in its recent past and current uses, both on the mainland and among the other islands in Southold. Although other Southold islands are/were owned by the federal government and used for various purposes (military and aids to navigation), Plum Island is the ~ only island with a major research facility (PIADC). After some history as a military fort, Great Gull Island has been owned since 1949 by the American Museum of Natural history for the purpose of a bird sanctuary. Robins Island was and is privately owned, and is protected by a perpetual conservation easement held by The Nature Conservancy, which limits future development to only a few structures. It is zoned R-400 Residential Low-Density District (ten- acre minimum lot size), Southold's most restrictive zoning district, and the conservation easement restricts the uses even further. Both Great Gull and Robins Island have issues similaz to Plum Island with regard to potential development, however both are protected from development making it unnecessary for the Town to take any further steps to mitigate the potential impacts of any future development. Fishers Island's recent past and current use is very different from that of Plum Island in that it ~ has been developed primarily with residences with a small commercial center. More important than its land use is the island's geographic location as a reason for it being unsuitable as a • comparison for zoning of Plum Island. Because of its proximity to Connecticut, Fishers Island's residents have direct nearby access to necessazy services in New London, CT, while Plum Island's nearest access to services is through Orient, NY. It is the difference between these two access points that make the case for Plum Island's uniqueness as compared to Fishers Island. ~ New London is a small city through which a major interstate highway runs. The city contains the basic services that the residents need, including doctors, a hospital, and retail stores. Orient, by contrast, is a small hamlet served by a two-lane road. The nearest grocery store, hospital and other services are over eight miles away in Greenport, and these are limited in size to that typically found in a small village. Once on the mainland, the nearest interstate is over 31 miles away (a 45 minute drive). Plum Island is also unique with regard to the mainland of Southold Town by the fact that it is a small island located at the end of the peninsula, with its main access through the most sparsely ~ • developed part of the Town. There is no other land in Southold Town with a comparable situation. For all the reasons stated above, Plum Island was found to be a unique situation not contemplated in current zoning districts. All the existing zoning districts allow one or more uses that are contrary to the goals for Plum Island to continue to provide high quality employment opportunities, while minimizing the impact to the Town's most rural hamlets, and preserving the natural and historic resources on the island. 3 Rationale for the nroposed zonine Transportation and access I When considering zoning for Plum Island, we must take into account the community character and quality of life along the transportation route to and from the island and through the neighboring hamlets. The neazest hospital, grocery store and other services to Plum Island's ferry landing in Orient Point are located in Greenport and farther west, requiring a trip of at least eight miles along atwo-lane road through the hamlets of Orient and East Marion. They are the most rural hamlets in Southold Town. Both are primarily residential hamlets with low density. For example, Orient Hamlet includes a total of 765 residential units at an overall density of about 5 acres per unit. I Both hamlets are already adversely affected by intense pulses of traffic caused by the Cross ' Sound Feny operation. Any additional traffic would degrade the community character and quality of life by adding noise, decreasing air quality from added vehicle emissions, and decreasing the safety of the main road. • The transportation route is also a New Yurk State designated Bike Route, and a New York State designated Scenic Corridor. Adding traffic to this corridor would decrease the safety for cyclists, and erode the scenic qualities. All the current zoning districts in Southold Town Code, should any be applied to Plum Island, ~ have the potential to create adverse traffic impacts by nature of their minimum lot size requirements and lack of detail and sensitivity to the unique situation of Plum Island. The proposed zoning districts are designed specifically for Plum Island's unique situation as it relates to traffic and transportation and the nearby communities that would be most affected by it. Plum Island as a source ofhigh-quality employment Plum Island has long been asource ofhigh-paying technical jobs for Southold Town residents. Currently the lab employs 60 people who live in Southold Town. Retaining a research and/or an • educational facility that will provide a similar number of jobs is of great importance to the Town. The Plum Island Research District is designed to encourage this type of development by clearly stating that type of use is allowed, and also by limiting the ability for the island to be subdivided. This subdivision limitation (accomplished by the large minimum lot size), will ensure the site of the research facility remains large enough to contain and maintain its own infrastructure, aswell as containing enough land for future expansion, and to retain flexibility in future design . Preservation of natural and cultural resources Water While Plum Island's aquifer could support some level of future additional development, it is in the best interest of the overall Town to limit the use of this precious resource. Having a nearby 4 source of potable water could be critical to the Town's future infrastructure and ability to provide clean water for its citizens, especially in Orient which is served by their own sole source aquifer. Orient's sole source aquifer is already. suffering from some pollution and salt water intrusion. ~ Therefore it is good planning to preserve Plum Island's aquifer as a future source of potable r water for the Town. The Plum Island Conservation District will accomplish the goal of protecting Plum Island's aquifer by limiting the amount of development that will occur over the majority of the island, and also limiting the type of development to that which would use very little water, and contribute little or no pollution to the groundwater. It has been well documented that intense development can contribute significant amounts of pollution to the groundwater in the form of excess nitrogen and other pollutants through stormwater runoff, septic systems, and the application of fertilizers, and pesticides. Habitat & Wildlife j i Plum Island contains flora and fauna unique to the state in their quality and should be preserved . with as little disturbance as possible (see above for more details). The proposed Plum Island Conservation District will accomplish this goal by limiting the amount of human disturbance on the island. The new zoning will provide additional protection to wetlands and surface waters, ~ both of which contain important sensitive wildlife habitats, by ensuring that all structures and ~ impervious surfaces be set back at least three hundred feet from surface waters and wetlands. Historic Resources Plum Island contains unique historic resources, including the Plum Island Lighthouse and Fort Teny. In addition to any federal historical designations, the proposed zoning districts will preserve and protect those historic resources by allowing uses of the island that aze complementary to historic preservation including educational facilities and museums. Public Safety and Emergency Response. Serving the public safety and emergency response needs of an island are challenges for small Towns such as Southold. The rural Fire Districts have limited revenue and personnel. In the case of Plum Island, the neazest Fire District is Orient. Presumably this Fire District would be called upon to serve the emergency and fire needs of any development on Plum Island. Southold Town Police would be the nearest law enforcement agency. The proposed Plum Island Research District and Conservation District are designed to limit the potential strain on local first responder and public safety resources by limiting the amount of development on the island and concentrating the majority of potential development in one area. Currently the PIADC has their own fue equipment, and some future similaz use that fits in with the proposed zoning could presumably do the same. 5 i I Navigation ~ The Plum Gut and other waters adjacent to Plum Island aze important navigation channels. The Cross Sound Ferry travels through Plum Gut, as well as other boat traffic on its way to CT, Fishers Island, and Block Island. The proposed zoning districts address this by limiting the uses to those that would not interfere with navigation. Commercial & Recreational Fishing ~ Commercial and recreational fishing are important to Southold's economy. The waters surrounding Plum Island aze productive fisheries. The proposed zoning districts protect the neazby fisheries by limiting future uses of the island to those that will not interfere with fisheries. i Conclusion The federal government, and more particularly the U.S. General Services Administration, have begun the process to sell Plum Island. While zoning was not necessary while the island was in federal ownership (local zoning does not apply to the federal government), the Town of Southold • has found it prudent to zone the island in the event the island is sold into private hands. The island has many resources important to the Town, is unique in many ways, and warrants its own zoning designation to best regulate its future uses. The new zoning designations acwmplish the multiple goals for the island of protecting its exceptional natural resources, while also providing for future economic opportunities. They also provide the necessary balance with the nearest mainland connection at Orient Point, ensuring that the Waal character of the hamlets of East ~ Marion and Orient is maintained. 6 ~LJ. Pfd ~/7/i3 7: 3 a Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment April t6, 2013 RECEIVED APA 2 ~ X013 Town of Southold P.O. Box 1179 Southold Town Clerk Southold, N.Y. 11935 Att: Elizabeth Neville, Town Clerk Applicant: Town of Southold Zoning Action: Local Law, "Marine (11) District and Plum Island Zoning" Resolution No.: 2013-276 Public Hearing Date: 5/7/13 S.C.P.D. File No: SD-13-LD Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to A 1 A-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact{s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning 7 ~ _ - _ ~ An rew P. Frele~~?A Chief Planner APF:mc LEE DENNISON BLDG ~ 100 VETERANS MEMORIAL HWV, 4th FI ~ P.O. BOX 6100 ~ HAUPPAUGE, NV 11788-0099 ~ (6711865-5191 r #11158 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), successfully commencing on the 25`h day of April, 2013. Principal Clerk Sworn to before me this day of 2013. LEGAL NOTICE NOTICE OE PUBLIC HEARBVG NOTICE IS HEREBY GIVEN, there ~..~=ma~d.l~,fhe. Twxn, Rga[Q., i Distrito contains [he following: 1. Permitted uses (subject to site plan ~-CHRISTINA VOLINSKI approval by the Planning Board) include I NOTARV PUBLIC-STATE OF NEW YORK nature preserve; public park for passive N0. O1 VO6105050 recreation; educational facility related to [hes[udy of nature resource conservation; 61u OIitiOd in Suffolk COUn}y and museums My Commission Expires February 28, 2016 2. Special Exception uses (that require approval for the Zoning Board of Appeals and the Planning Board) include solar en- ergygeneration. 3. Accessory uses include uses that are ii customary to a permitted principal use and sleeping quarters, apartments or dor- mitories. 4. All new structures or impervious surfaces shall be set back at least 300 feet from the shoreline and wetlands. 5. No vegetation in this district shall be removed unless an approval E obtained for the Planning Board. The full text of the proposed Local Law and map of the boundaries of [he Plum Is- land Research District and [he Plum Island Conservation District are available for review at the Town Clerk's Office during regular business hours and on the town's website a[ www Southold[ wnnyg Dated: March 26, 2013 BY ORDER OF THE TOWN BOARD OF THETOWNOF SOUTHOLD Elizabeth A. Neville Town Clerk 11 158-1T 425 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being duly sworn, says that on the 5~'t' day of , 2013, she affixed a notice of which the annexed printed notice is a true copy, m 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. Re: Plum Island Zoning • ~ 9-in'-/231_/ ? Lmda T Deputy Town Clerk Sworn before m his day of ~ , 2013. i~ r~~ ~Ji. Notary Pu is BONNIEJ. DOROSKI Notary Public, State Of New York • No. O1D06095328, Suffolk Co ty Term Expires July 7, 20~ SUMMARY OF PROPOSED AMENDMENTS TO CHAPTER 280 REGARDING MARINE (II) DISTRICT AND PLUM ISLAND ZONING THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING SETS FORTH AMENDMENTS TO CHAPTER 280, "ZONING." THE PURPOSE OF THESE AMENDMENTS IS TO CREATE AND ESTABLISH ZONING DISTRICTS ON PLUM ISLAND AND TO CLARIFY PERMITTED USES IN THE MARINE II DISTRICT TO ACCOMMODATE NECESSARY ACCESS TO THE ISLAND. THE PROPOSED LOCAL LAW AMENDS SECTION 280-4 "DEFINITIONS" TO ADD THE TERMS "FERRY SERVICE" AND "IMPERVIOUS SURFACE", WHICH APPEAR IN THE MARINE II DISTRICT AMENDMENTS AND/OR IN THE PROPOSED DISTRICTS ON PLUM ISLAND. THE PROPOSED AMENDMENTS TO SECTION 280-55(B)(2) SETS FORTH ADDITIONAL STANDARDS FOR FERRY TERMINALS AS A SPECIAL EXCEPTION USE IN THE MARINE II DISTRICT, WHICH INCLUDE: 1. A FERRY TERMINAL MUST HAVE AT LEAST 10 ACRES DEDICATED TO EACH FERRY SERVICE; 2. A FERRY TERMINAL SHALL HAVE A STAGING AREA FOR VEHICLES THAT ENTER AN AUTO/VEHICLE FERRY; AND 3. A FERRY TERMINAL SHALL HAVE ADEQUATE PARKING AREAS FOR PASSENGERS AS SET FORTH IN §280-55(C). THE PROPOSED LOCAL LAW ALSO CREATES TWO ZONING DISTRICTS FOR PLUM ISLAND -THE PLUM ISLAND RESEARCH DISTRICT (PLR) AND THE PLUM ISLAND CONSERVATION DISTRICT (PLC). AMENDMENTS WILL ALSO BE MADE TO THE BULK SCHEDULE APPENDICES TO INCLUDE A SEPARATE APPENDIX FOR THESE DISTRICTS THAT ADDRESSES MINIMUM LOT SIZE, USES AND LOT COVERAGE. THE PLUM ISLAND RESEARCH (PLR) DISTRICT CONTAINS THE FOLLOWING: 1. PERMITTED USES (SUBJECT TO SITE PLAN APPROVAL BY THE PLANNING BOARD) INCLUDE RESEARCH LABORATORIES AND EDUCATIONAL FACILITIES. 2. SPECIAL EXCEPTION USES (THAT REQUIRE APPROVAL OF THE ZONING BOARD OF APPEALS AND THE PLANNING BOARD) INCLUDE SOLAR ENGERGY GENERATION AND MUSEUMS. 3. ACCESSORY USES INCLUDE USES THAT ARE CUSTOMARY TO A PERMITTED PRINCIPAL USE, SLEEPING QUARTERS, APARTMENTS OR DORMITORIES, CAFETERIA FOR PERSONNEL, INFRASTRUCTURE, AND THE EXISTING HARBOR AND FERRY FACILITY. 4. ALL NEW STRUCTURES OR IMPERVIOUS SURFACES SHALL BE SET BACK AT LEAST 300 FEET FROM THE SHORELINE AND WETLANDS. THE PLUM ISLAND CONSERVATION (PIC) DISTRICT CONTAINS THE FOLLOWING: 1. PERMITTED USES (SUBJECT TO SITE PLAN APPROVAL BY THE PLANNING BOARD) INCLUDE NATURE PRESERVE; PUBLIC PARK FOR PASSIVE RECREATION; EDUCATIONAL FACILITY RELATED TO THE STUDY OF NATURAL RESOURCE CONSERVATION; AND MUSEUMS. 2. SPECIAL EXCEPTION USES (THAT REQUIRE APPROVAL OF THE ZONING BOARD OF APPEALS AND THE PLANNING BOARD) INCLUDE SOLAR ENERGY GENERATION. 3. ACCESSORY USES INCLUDE USES THAT ARE CUSTOMARY TO A PERMITTED PRINCIPAL USE AND SLEEPING QUARTERS, APARTMENTS OR DORMITORIES. 4. ALL NEW STRUCTURES OR IMPERVIOUS SURFACES SHALL BE SET BACK AT LEAST 300 FEET FROM THE SHORELINE AND WETLANDS. 5. NO VEGETATION IN THIS DISTRICT SHALL BE REMOVED UNLESS AN APPROVAL IS OBTAINED FROM THE PLANNING BOARD. THE FULL TEXT OF THE PROPOSED LOCAL LAW AND A MAP OF THE BOUNDARIES OF THE PLUM ISLAND RESEARCH DISTRICT AND THE PLUM ISLAND CONSERVATION DISTRICT WILL BE AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. SUMMARY OF PROPOSED AMENDMENTS TO CHAPTER 280 REGARDING MARINE (II) DISTRICT AND PLUM ISLAND ZONING THE PROPOSED LOCAL LAW THAT IS BEING SCHEDULED FOR A PUBLIC HEARING THIS EVENING SETS FORTH AMENDMENTS TO CHAPTER 280, "ZONING." THE PURPOSE OF THESE AMENDMENTS IS TO CREATE AND ESTABLISH ZONING DISTRICTS ON PLUM ISLAND AND TO CLARIFY PERMITTED USES IN THE MARINE II DISTRICT TO ACCOMMODATE NECESSARY ACCESS TO THE ISLAND. THE PROPOSED LOCAL LAW AMENDS SECTION 280-4 "DEFINITIONS" TO ADD THE TERMS "FERRY SERVICE" AND "IMPERVIOUS SURFACE", WHICH APPEAR IN THE MARINE II DISTRICT AMENDMENTS AND/OR IN THE PROPOSED DISTRICTS ON PLUM ISLAND. THE PROPOSED AMENDMENTS TO SECTION 280-55(B)(2) SETS FORTH ADDITIONAL STANDARDS FOR FERRY TERMINALS AS A SPECIAL EXCEPTION USE IN THE MARINE II DISTRICT, WHICH INCLUDE: 1. A FERRY TERMINAL MUST HAVE AT LEAST 10 ACRES DEDICATED TO EACH FERRY SERVICE; 2. A FERRY TERMINAL SHALL HAVE A STAGING AREA FOR VEHICLES THAT ENTER AN AUTO/VEHICLE FERRY; AND 3. A FERRY TERMINAL SHALL HAVE ADEQUATE PARKING AREAS FOR PASSENGERS AS SET FORTH IN §280-55(C). THE PROPOSED LOCAL LAW ALSO CREATES TWO ZONING DISTRICTS FOR PLUM ISLAND -THE PLUM ISLAND RESEARCH DISTRICT (PIR) AND THE PLUM ISLAND CONSERVATION DISTRICT (PIC). AMENDMENTS WILL ALSO BE MADE TO THE BULK SCHEDULE APPENDICES TO INCLUDE A SEPARATE APPENDIX FOR THESE DISTRICTS THAT ADDRESSES MINIMUM LOT SIZE, USES AND LOT COVERAGE. THE PLUM ISLAND RESEARCH (PIR) DISTRICT CONTAINS THE FOLLOWING: 1. PERMITTED USES (SUBJECT TO SITE PLAN APPROVAL BY THE PLANNING BOARD) INCLUDE RESEARCH LABORATORIES AND EDUCATIONAL FACILITIES. 2. SPECIAL EXCEPTION USES (THAT REQUIRE APPROVAL OF THE ZONING BOARD OF APPEALS AND THE PLANNING BOARD) INCLUDE SOLAR ENGERGY GENERATION AND MUSEUMS. 3. ACCESSORY USES INCLUDE USES THAT ARE CUSTOMARY TO A PERMITTED PRINCIPAL USE, SLEEPING QUARTERS, APARTMENTS OR DORMITORIES, CAFETERIA FOR PERSONNEL, INFRASTRUCTURE, AND THE EXISTING HARBOR AND FERRY FACILITY. 4. ALL NEW STRUCTURES OR IMPERVIOUS SURFACES SHALL BE SET BACK AT LEAST 300 FEET FROM THE SHORELINE AND WETLANDS. THE PLUM ISLAND CONSERVATION (PIC) DISTRICT CONTAINS THE FOLLOWING: 1. PERMITTED USES (SUBJECT TO SITE PLAN APPROVAL BY THE PLANNING BOARD) INCLUDE NATURE PRESERVE; PUBLIC PARK FOR PASSIVE RECREATION; EDUCATIONAL FACILITY RELATED TO THE STUDY OF NATURAL RESOURCE CONSERVATION; AND MUSEUMS. 2. SPECIAL EXCEPTION USES (THAT REQUIRE APPROVAL OF THE ZONING BOARD OF APPEALS AND THE PLANNING BOARD) INCLUDE SOLAR ENERGY GENERATION. 3. ACCESSORY USES INCLUDE USES THAT ARE CUSTOMARY TO A PERMITTED PRINCIPAL USE AND SLEEPING QUARTERS, • APARTMENTS OR DORMITORIES. 4. ALL NEW STRUCTURES OR IMPERVIOUS SURFACES SHALL BE SET BACK AT LEAST 300 FEET FROM THE SHORELINE AND WETLANDS. 5. NO VEGETATION IN THIS DISTRICT SHALL BE REMOVED UNLESS AN APPROVAL IS OBTAINED FROM THE PLANNING BOARD. THE FULL TEXT OF THE PROPOSED LOCAL LAW AND A MAP OF THE BOUNDARIES OF THE PLUM ISLAND RESEARCH DISTRICT AND THE PLUM ISLAND CONSERVATION DISTRICT WILL BE AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. • LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26`h day of Mazch, 2013 a Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 7`h Day of May, 2013 at 7:32 PM, at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island ZoninH" sets forth amendments to Chapter 280, "Zoning". The purpose of the amendments is to create and establish zoning districts on Plum Island and • to clazity permitted uses in the Marine II District to accommodate necessary access to the island. The proposed local taw amends section 280-4 "Definitions" to add the terms "Ferry Service" and "Impervious Surface", which appear in the Marine II District amendments and/or in the proposed districts on Plum Island. The proposed amendments to Section 280-55(B)(2) sets forth additional standards for ferry terminals as a Special Exception use in the Marine II District, which include: 1. a ferry terminal must have at least 10 acres dedicated to each ferry service; 2. a ferry terminal shall have a staging area for vehicles that enter an auto/vehicle ferry; and 3. a ferry terminal shall have adequate parking areas for passengers as set forth in §280-55(C). • The proposed local law also creates two zoning districts for Plum Island -the Plum Island Research District (PIR) and the Plum Island Conservation District (PIC). Amendments will also be made to the bulk schedule appendices to include a separate appendix for these districts that addresses minimum lot size, uses and lot coverage. The Plum Island Research (PIR) District contains the following: 1. Permitted uses (subject to site plan approval by the Planning Board) include research laboratories and educational facilities. 2. Special Exception uses (that require approval of the Zoning Boazd of Appeals and the Planning Board) include solar energy generation and museums. 3. Accessory uses include uses that aze customazy to a permitted principal use, sleeping quarters, apartments or dormitories, cafeteria for personnel, infrastructure, and the existing harbor and ferry facility. 4. All new structures or impervious surfaces shall be set back at least 300 feet from the shoreline and wetlands. The Plum Island Conservation (PIC) District contains the following: 1. Permitted uses (subject to site plan approval by the Planning Board) include nature preserve; public park for passive recreation; educational facility related to the study of nature resource conservation; and museums. 2. Special Exception uses (that require approval for the Zoning Board of Appeals and the Planning Board) include solar energy generation. 3. Accessory uses include uses that are customary to a permitted principal use and sleeping quarters, apartments or dormitories. 4. All new structures or impervious surfaces shall be set back at least 300 feet from the shoreline and wetlands. 5. No vegetation in this district shall be removed unless an approval is obtained for the Planning Board. The full text of the proposed Local Law and map of the boundaries of the Plum Island • Research District and the Plum Island Conservation District are available for review at the Town Clerk's Office during regular business hours and on the town's website at www. southoldtownny. Gov Dated: March 26, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk * * ~ Please publish on APRIL 25, 2013 and forward one (1) affidavit of publication to Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold, NY 11971. Copies to the following: . The Suffolk Times Town Board Members Town Attorney TC Bulletin Bd Web site ZBA Planning Bd " RESOLUTION 2013-276 ~ ADOPTED DOC ID: 8679 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2013-276 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 26, 2013: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26`h day of March, 2013, a Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zonine" now, therefore, be it2 RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 7th day of May, 2013, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. • The proposed Local Law entitled "A Local Law in relation to the Marine (III District and Plum Island Zonine" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled "A Local Law in relation to the Marine QI) District and Plum Island Zonine" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The pumose of this local law is to create and establish zoning districts on Plum Island and to clarify permitted uses in the Marine II District to accommodate necessary access to the Island The Plum Island Research District is intended to encourage the use of the island for research and • educational opportunities and provide uuality employment opportunities and to preserve Plum Island's reeionally significant natural historic and scenic resources The purpose of the Plum Island Conservation District is intended to preserve the integrity of the re Tonally significant natural historic and scenic resources of Plum Island II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. DeSnitions. IMPERVIOUS SURFACE -Impervious surfaces include all areas where the ground is covered by a surface that interrupts or prevents rain from falling directly to the ground and percolating mto the groundwater, including but not limited to• roads drivewayparking lots other pavement, buildings and concrete pads FERRY SERVICE - Passeneer or auto/vehicle ferry usin a single dock If more than one dock ~s present, it shall constitute a separate and individual fen•v service ' Resolution 2013-276 Board Meeting of March 26, 2013 ARTICLE XIII Marine II (MII) District §280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafrer provided, subject to site plan approval by the Planning Board. (2) Ferry terminals which meet the following standazds: (a) A ferry terminal shall have at least ten acres of buildable land in the MII Zone dedicated to each ferry service provided. (b) A ferry terminal shall have a staging area for motor vehicles that enter an auto/vehicle ferry. The size of the staging area must accommodate the maximum number of cars queuing for the largest boat(s) and the busiest proposed schedule (a ferry service with no auto/vehicle ferry will not require a staging area). (c) A ferry terminal shall have a pazking area for passengers (provide one parking space per two passengers), calculated in the following. manner • (i) Parkin for ap ssenger ferry(s) will be calculated by multiplying the capacity of the passenger fen•y(s) by the maximum number of ferry trips per day, divided by two. Parking for auto/vehicle ferry(s) will be calculated by multiplying the passenger capacity of the auto/vehicle ferry(sl by 10% the product of which shall be multiplied by the maximum number of ferry trips per day, then divided by two Article XXXI Plum Island Research District (PIR) &280-182. Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities provide quality employment opportunities and to preserve Plum • Island's regionally significant natural, historic scenic and cultural resources &280-183. Use regulations. In the PIR District, no building or premises shall be used and no building or part of a buildi~ shall be erected or altered which is arranged intended or designed to be used in whole or in part for any purpose except the following A. Permitted uses The following uses are permitted uses and are subject to site plan approval by the Planning Board• (1) Research laboratories with multiple buildings allowed in a campus-std development, subject to the following conditions• (a) The use shall not involve the handlin storage or discharge of explosives (b) No offensive noises, gases, fumes smoke odors dust effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be iniurious Updated: 3/28/2013 11:45 AM by Linda Cooper Page 2 Resolution 2013-276 Boazd Meeting of Mazch 26, 2013 to health or to ne atg ively impact groundwater. (c) All sewage will be treated by a sewage treatment plant or similaz sewage treatment. (2) Educational facilities, with multiple buildings allowed in a campus-std development. All sewage will be treated by a sewage treatment plant or similar sewage treatment. B. Uses permitted by special exception of the Board of Appeals. The following uses aze permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Plannin Bg oard: (1) Solar energy generation in excess of that needed to provide power to permitted uses, subject to the following conditions: (2) Museums housed in a designated historic landmark. All sewage will be treated by a sewage treatment plant or similaz. C. Accessory uses. The following uses aze permitted as accessory uses: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter; • (2) Sleeping_quarters, apartments or dormitories providing accommodations solely for personnel associated with permitted or special exception uses set forth in &280-182(A) and §280-182(B); (3) Cafeteria for personnel associated with permitted or special exception uses set forth in X280-182(A) and &280-182(B); (4) .Infrastructure necessazy to the operation of the permitted or special exception uses set forth in &280-182(A) and &280-182(B), limited to roads, sewer system, water storage and water pipelines and utility lines; (5) The existing harbor and fen fly for transportation by boat to and from the Island. §280-184. Bulk, area and parkinE regulations. No buildin or premises shall be used and no building or part thereof shall be erected or altered • in the Plum Island Research District unless the same conforms to the Bulk Schedule and Pazking and Loadine Schedules incorporated into this chanter by reference, with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 175 acres Uses: Multiple uses and buildings are allowed on a singlepazcel the number of which are limited only by lot coverage Lot Coverage• 20% of buildable land except that solar energy installations may exceed this limit up to a total of 50% lot coverage. §280-185. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the shoreline and wetlands. Article XXXII Updated: 3/28/2013 11:45 AM by Linda Cooper Page 3 ' Resolution 2013-276 Board Meeting of March 26, 2013 Plum Island Conservation District (PIC) &280-186. Purpose. The purpose of the Plum Island Conservation District is to preserve the integrity of the re ig onally significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. &280-187. Use reeulations. In the Plum Island Conservation District, no building or premises shall be used and no building or part of a building shalt be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following A. Permitted uses. The following uses aze permitted uses and are subject to site plan approval by the Plannin Bg oard: (1) Nature preserve (2) Public park for passive recreation (3) Educational facility related to the study of natural resources conservation. All sewage will be treated by a sewage treatment plant or similar sewage treatment. • (4) Museums, housed in existing designated historic landmark. All sewage will be treated by a sewage treatment plant or similar sewage treatment. B. Uses permitted by special exception of the Boazd of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar enemy generation in excess of that needed to provide power to permitted uses, subject to the following conditions: C. Accessory uses. The following uses aze permitted as accessory (1) Any customazv structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter; (2) Sleeping quarters, apartments or dormitories providing accommodations solely for personnel associated with the permitted or special exception uses set forth in §280-186(A) and &280-186(B). • D. Additional Standards: All uses in this District shall be subject to the following Vegetation shall not be disturbed. Where noxious or invasive plants are overtaking native fauna or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove vegetation. The application shall include 1. a plan indicating the types of vegetation present, the vegetation to be removed and a reve elation plan (if any), using_plant species listed in the Southold Town Planning _B_oard's Native/Natural Buffer Plantings list of recommended native plants• 2. an application fee of $100; 3. The Planning Board shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the ri hg t to appeal; and 4 The Town Boazd shall hear appeals or shall desi ng ate a person or body to heaz appeals re ag rding a denial under this Section. Any person whose application to remove Updated: 3/28/2013 11:45 AM by Linda Cooper Page 4 ' Resolution 2013-276 Board Meeting of March 26, 2013 vegetation is denied, may appeal within 30 davs of a denial &280-188. Bulk, area and parkins resulations. No buildine or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and Parkine and Loadine Schedules incoroorated into this chapter by reference with the same force and effect as if such reeulations were set forth herein in full Editor's Note The Bulk Schedule it included at the end ofthis chanter and she Pm•king and Loadine Schedules are in §y~' l80 78 and 280-79. Plum Island Conservation District Bulk Schedule: (to be placed in a new Appendix) Minimum Lot Size: 600 acres Uses: Multiple uses and buildines are allowed on a single parcel the number of which are limited only by lot coverage Lot Coveraee: 2% of buildable land except that solar energy installations may exceed this limit up to a total of 20% lot coverage Impervious surface: 5% of buildable land except that solar energy installations may exceed this limit up to a total of 20% impervious surface &280-189. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the shoreline and wetlands. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Updated: 3/28/2013 11:45 AM by Linda Cooper Page 5 1 ('•i I lum Bland Gotlservafion District pPlc~ Plum Is an Resea ch District (~P RAJ Town of Southold Plum Island Proposed Zoning Zoning Boundaries Map Prepared by Town of Southold GIS ° March 26, 2013 Aerial Photographs Taken From Spring 2010 Flight Scale: 1 inch equals 1400 feet Suffolk County Real Property Tax Service Agency GIS easemap COPYRIGHT 2013, County of Suffolk, N.Y. RESOLUTION 2013-277 "6'~+~*~,~ ADOPTED DOC ID: 8680 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-277 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 26, 2013: RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommend~ati~on~Js,and reports. ~Cr~_"__ Elizabeth A. Neville Southold Town Clerk • RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell • o~~gOFFO[~(-~O ELI7.ABETH A. NEVILLE, MMC h~ G.y Town Hall, 53095 Main Road TOWN CLERK p ~ P.O. Box 1179 y 2 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O ~ ~ Fax (631) 765-6145 MARRIAGE OFFICER 'l,~,~1 ~a0`' Telephone (631) 765-1500 RECORDS OF MANAGEMENT OFFICER * southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 5, 2013 Re: Resolution Number 2013-276 "A Local Law in relation to the Marine (II) District and Plum Island Zoning" • Donald Wilcenski, Chairman Southold Town Planning Board 54375 State Route 25 Post Office Box 1179 Southold, New York 11971 Dear Mr. Wilcenski, The Southold Town Board at their regular meeting held on March 26, 2013 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at a suitable time in order to allow sufficient time for the Town Board to review it before the public hearing.. This proposed local • law will also be transmitted to the Suffolk County Planning Department for their review. The date and time for this public hearing is 7:32 P.M., Tuesday, May 7, 2013. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yoursn_ ` / ~ ~ ` Linda J. Cooper Southold Deputy Town Clerk Enclosure cc: Town Board Town Attorney o~~gUfFO(,~co ELI7.ABETH A. NEVILLE, MMC Gy Town Hall, 53095 Main Road TOWN CLERK p ~ P.O. Box 1179 y = Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O ~ ~ Fax (631) 765-6145 MARRIAGE OFFICER 0`' 'lhlephone (631) 765-1800 RECORDS OF MANAGEMENT OFFICER southoldtown.north£ork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF 50UTHOLD April 5, 2013 Re: Resolution Number 2013-276 "A Local Law in relation to the Marine (II) District and Plum Island Zoning" Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on March 26, 2013 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forwazd it to me at a suitable time in order to allow sufficient time for the Town Boazd to review it before the public hearing.. This proposed local • law will also be transmitted to the Southold Town Planning Department for their review. The date and time for this public hearing is 7:32 P.M., Tuesday, May 26, 20] 3. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Linda J. Cooper Southold Deputy Town Clerk Enclosure cc: Town Board Town Attorney Page 1 of 1 Cooper, Linda _ _ _ _ _ _ From: Reisenberg, Lloyd Sent: Thursday, April 11, 2013 10:50 AM To: Cooper, Linda Subject: RE: Plum Island Zoning PH notice and proposed law Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York Email: lloyd.reisenbera@town.southold. nv. us Office: 631-765-1891 Cell: 631-879-1554 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Cooper, Linda Sent: Tuesday, April 09, 2013 3:23 PM To: Reisenberg, Lloyd Subject: Plum Island Zoning PH notice and proposed law For the website and, if possible, please follow the Legal Notice with a copy of the actual resolution that includes the map. Thank you. Linda J. Cooper Deputy Town Clerk Town of Southold 631-765-1800 Life may not be the party we hoped /or, but as long as we are here, we might as well dance! • The difference between try and frtumph is a little "umph"! 4/12/2013 Page 1 of 2 Cooper, Linda From: Tracey Doubrava [tdoubrava@timesreview.com] Sent: Monday, April O8, 2013 1:25 PM To: Cooper, Linda Subject: Re: Chapter 280 -Plum Island 5-7-13 Got it. Thanks. Tracey Doubrava Display Ad Sales Coordinator Times/Review News Group 7785 Main Rd. P.O. Box 1500 Mattituck, NY 11952 • P: (631)298-3200 E: tdoubrava@timesreview.com From: <Cooper>, Linda <Linda.Cooper@town.southold.nv.us> Date: Monday, April 8, 2013 8:18 AM To: Times Review <tdoubrava@timesreview.com> Subject: RE: Chapter 280 -Plum Island 5-7-13 No. For the 4/25/13 edition of the Times Linda J. Cooper DeputyTown Clerk Town of Southold 631-765-1800 Life may not be the party we hoped for, but as long as we are here, we might as well dance • The difference between try and triumph is a little "umph"~ From: Tracey Doubrava [mailto:tdoubravaCo~timesreview.com] Sent: Friday, April 05, 2013 4:40 PM To: Cooper, Linda Subject: Re: Chapter 280 -Plum Island 5-7-13 Got it! This is for the 4/11 edition? Thanks Tracey Tracey Doubrava Display Ad Sales Coordinator Times/Review News Group 7785 Main Rd. P.O. Box 1500 4/12/2013 Page 2 of 2 Mattituck, NY 11952 P: (631) 295-3200 E: tdoubrava@timesreview.com From: <Cooper>, Linda <Linda.Cooper@town.southold.ny.us> Date: Friday, April 5, 2013 2:03 PM To: Times Review <tdoubrava@timesreview.com> Cc: tr-legals <leeals@timesreview.com> Subject: Chapter 280 -Plum Island 5-7-13 Hi Tracy, Please conf rm receipt of this Legal Notice of Public Hearing for the A ril 25 edition of the Suffolk Times. Thank you and have a great weekend Icoop • • 4/12/2013