HomeMy WebLinkAboutPlum Island Zoning RECEIVED
Neville, Elizabeth Ally 1 3 2013
From: Chantal Collier <ccollier@TNC.ORG>
Sent: Tuesday, August 13, 2013 11:37 AM ~OUt1101~1 TOW11 (IBflf
To: Russell, Scott; Lanza, Heather; Finnegan, Martin; Neville, Elizabeth
Cc: Randy Parsons
Subject: Comments for Plum Island Zoning Public Hearing, August 13, 2013
Attachments: Plum Island Zoning Comment Ltr_13Aug13.pdf; Plum Island Zoning Public Notice
13Aug13 with TNC comments.docx
Importance: High
Supervisor Russell and Members of the Town Board,
Attached please find comments and a referenced enclosure from The Nature Conservanty in Connecticut and Long
Island on the amended Local Law entitled "A Local Law in relation to the Marine (llJ District and Plum Island Zoning"
submitted for today's public hearing.
Thank you,
Chantal Collier
Chantal E. Collier The Nature Conservancy TheNgtuj-e ll.~i1
Director, Long Is/and Sound Program SS Church Street, Floor 3 ConservanC7r s
New Haven, CT 06510-3029
ccollierCattnc.ora Protecu~ nature. PresemnQ 61e,
Phone: (203) 568-6295
Fax: (203) 568-6271
nature.oro
t
TheNature ~.t ^aiii The Nature Conservancy in Connecticut TeL (zo3) 568-6z7o
Conservancy ~ 55 Church Strcct, Third Floor Fax (zo;) 568-6271
Ncw Haven. CT o65to-3oz9 natureorg/conncctieut
Protecting nature. Preserving Iite'
August t;, 201; BOARD OF TRUSTEES
John Levinson
Supervisor Scott Russell and Members of the Tuwn Board CMir
Town Hall
Jason G. Cahilly
Sioyq Route z5, P.O. Box u7y Vice Chair
Southold, New York n971
J. Michael Sconyers, Esq.
V/A ¢mail Vice Chair
RE: Plum Island Zonin Public Hearin Au ust t zot Frances Ashley
$ $ 3• 3 Peter J. fluster, Ph.D.
Leigh Bonnry
Supervisor Scott Russell and Members of the Town Board: w. Michael Brown
Michael 1. Donnelly, Esq.
James H. Fieym, Ph.D.
1 write on behalf of the Long Island and Connecticut Chapters of The Nature Devid Jaffe
Conservancy. First and foremost, we applaud the Southold Town Board and its planning Bruce Renyon
John Todd Miranowski
and legal staff for the impressive and significant accomplishment of completing Sen. William B. Nickerson
comprehensive planning and zoning for Plum Island. In the effort to protect the Alanna Rathbone
nationals si nificant natural resources on Plum Island, we believe the hi hest riori at Allen Rosenshine
y $ $ P ty R. Scots Warten, Ph.D.
this time is the adoption of these amendments. Sarah Kimberly welch
Michael L. Zea
The reduction of the minimum lot sizes for the Pluln Island Research and Plum Island Wilbur o. Araujo
Conservation (P IC) zones we believe is an improvement from the previous version heard Paull M. Rands
on May 7th. This reduction can help make any necessary subdivision of the island to better Board Feuows
accommodate the two proposed ruses more feasible STATE DIRECTOR
Frogard Ryan
While we continue to have reservations about the potential impact of solar, or other
renewable, energy generation installations with lot coverage of up to zo% in the PIC zone.
we believe that making these installations special exception uses with substantial Town review, including impact analysis
under the New York State Environmental Quality Review Act, and substantial Town auxhority to modify and%or deny
proposals with adverse impacts, is adequate protection against abuse for now.
In the attached copy of the revised amendments, with our comments highlighted in red, we point out what we believe
arc some minor typographical errors, which can be corrected without necessitating another public hearing before
adoption. We also provide some comments regarding future clarifications or revisions for your consideration. But, we do
not intend, nor believe, that any of our comments or corrections should delay the adoption of these zoning amendments
by the Town Board.
In closing, we appreciate the important leadership role the Town Board is playing by putting forward these
amendments, both for its own constituents, and in the broader effort to protect the significant natural resources on Plum
Island and in the Lon$ Island Sound and Peconic national estuaries.
Sincerely,
Frogard Ryan. State Director
P.nclosure: Town of Southold. July z, zo1;. Legal Notice of Public ]tearing on A Local Law entitled "A Local Law in relation
m the Marine (11) District and Plum Island Zoning". With comments from The Nature Conservancy.
The mission ojThe Nature Conservancy is to conserve the lands and waters on which all life depends.
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 2"d day of July, 2013, a Local Law
entitled "A Deal aw 'n relation to he Marie (Ill 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 Southold Town Hall,
53095 Main Road, Southold, New York, on the 13`h day of August, 2013, at 4:32 p.m. at
which time all interested persons will be given an opportunity to be heazd.
The proposed Local Law entitled "A i Deal i a~~ in relation to the Marne (IIl District
and Plum Island Zoning" reads as follows:
LOCAi, i.AW NO. 2013
A Local Law entitled "A I Deal I a~~ L relation to the Marie (Ill District and Plum
Island Zoning".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of this local law is to create and establish zonine 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 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 re ig'onally 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. Definitions.
IMPERVIOUS SURFACE -Impervious surfaces include all areas where the around is
covered by a surface that interrupts or prevents rain from falling directly to the ground and
percolating into the groundwater including but not limited to: roads, driveways, parking
lots other pavement buildings and concrete pads.
FERRY SERVICE - Passenger or auto/vehicle ferry using_a single dock. If more than
one dock 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 Boazd of Appeals. The following uses
are permitted as a special exception by the Board of Appeals, as hereinafter
provided, subject to site plan approval by the Planning Boazd.
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 anauto/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 fenv will not require a staging azea).
(c) A ferry terminal shall have a parking azea for passengers (provide
one pazking space per two passengers) calculated in the following
manner:
(i)Parking for passenger ferrv(sl will be calculated by
multiplying the ca~city of the passenger ferrv(s) b} the
maximum number of ferry trips per day divided by two.
(ii)Pazking for auto/vehicle ferrv(s) will be calculated by
multiplying the passenger capacity of the auto/vehicle
fern(s) by 10% the product of which shall be multiplied by
the maximum number of ferry triers per day then divided by
two.
Article XXXI
Plt!m Island Research District
§280-182. Purpose.
The puroose 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 buildine 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-stLle
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
iniurious to health or to negatively impact surface or groundwater.
(c) All sewage will be treated by a sewage treatment plant or similar
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.
(3) Museums housed in a designated historic landmazk. All sewage will be
treated by a sewage treatment plant or similaz.
B. Uses permitted by special exception of the Boazd of Appeals. The following uses
are permitted as a special exception by the Boazd of Appeals as hereinafter
provided and subiect to site plan approval by the Plannin Bg oard:
(1) Solar energy generation in excess of that needed to provide power to
permitted uses
C. Accessory uses. The following uses are permitted as accessory uses:
(1) Any customazv structures or uses which aze 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 &280-1832(Al and &280-183~(B);
(3) Cafeteria for personnel associated with permitted or special exception uses
set forth in &280-183~(A) and §280-1832(B):
(4) Infrastructure necessary to the operation of the permitted or special
exception uses set forth in &280-1832(Al and &280-183~(Bl, limited to
roads, sewer system, water storage and water pipelines and utility lines;
(5) The existing harbor and ferry facility for transportation by boat to and from
the Island. (cxistin ~
ft.
acility is deemed a confonnin~ accessory use
D. Additional Standazds: All uses in this District shall be subject to the following:
Vegetation shall not be disturbed. Where noxious or invasive plants are
overtaking native €a~+r~a-flora or where vegetation must be disturbed in coniunction
with apermitted use, an application may be made to the Plamming Boazd 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 any), usin¢ plant species listed in the
Southold Town Planning Boazd'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 ri t to appeal; and
4. The Town Boazd shall heaz appeals or shall designate a person or body to
hear appeals reearding a denial under this Section. Anv person whose
application to remove vegetation is denied, may appeal within 30 days of a
denial. (New)
&280-184. B~Ik_ area and oar in¢ 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 Parking and Loading Schedules incoroorated 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: 125 acres
Uses: Multiple uses and buildings are allowed on a single pazcel, the
number of which aze limited only by 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.
Building Height (ft.l: 35
Number of Stories: 2
Setback from property line (ft.): 30
Landscape area: 30% (does this include buildings and other
impeiTneable surfaces or is it in addition to? If it is in addition to, this could result in 50%
of the land area, or 62.5 acres of clearing and impermeable improvements. What does
landscaped area mean'? Irrigated? Fertilized? Use ofnon-native species? Should
irrigation, fertilization be encouraged on Plum island'? How does this work with solar
energy generation facilities which can cover 50% of the property? Does the Town intend
to allow 50% coverage by solar generation facilities plus 30% landscaped area?
X280-185. Setbacks.
New structures and impervious surfaces shall be set back at least 300' from the shoreline,
blutt•or dune crest, or wetlands edge, whichever is more protective. atul-wets
Article XXXII
Plum Island Conservation District (PICT
X280-186. Purpose.
The purpose of the Plum Island Conservation District 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.
&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 anypuroose except the following:
A. Permitted uses. The following uses aze permitted uses and are subject to site plan
approval by the Planning Board:
(1) Nature preserve
(2) Public pazk
(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. Does
"landmark" have a very specific meanin€= which would exclude some
existing, historic buildinks and structures? Would a "designated historic
buildinc or structure be more inclusive'?: All sewage will be treated by
a sewage treatment plant or similaz sewage treatment.
B. Uses permitted b~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 Planning Board:
(1) Solar energy generation in excess of that needed to provide power to
pennitted uses.
C. Accessory uses. The following uses are permitted as accessory uses:
(1) Anv customary structures or uses which are customarily incidental to the
principal use, except those prohibited by this chapter
(2) Sleeping quarters, apaztments or dormitories providing accommodations
solely for personnel associated with the permitted or special exception uses
set forth in &280-187(A) and &280-187(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 aze
overtaking native fatrrte flora or where vegetation must be disturbed in wniunction
with a pennitted use, an application maybe made to the Planning Boazd for an
approval to remove vegetation. The application shall include:
l a plan indicating the types of vegetation present, the vegetation to be
removed and a reve etation plan (if any), usingplant species listed in the
Southold Town Planning Boazd's Native/Natural Buffer Plantin s
Igs ist 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 heaz appeals or shall designate a person or body to
heaz appeals re ag rding a denial under this Section. Anyperson whose
application to remove vegetation is denied, may appeal within 30 days of a
denial.
&280-188. Bulk_ area and narking repula ion .
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. F,ditor's
No[e: The Bilk Schedule is included at the end o(tliis chapter. and the Parking and
I oading Schedules arc in ~~<<' ?Rll-7R and ?RO-79.
Plasm Icland onservatlon DLtrlct Bulk Schedule• (to be placed in a new Appendix)
Minimum Lot Size: 350 acres
Uses• Multiple uses and buildings are allowed on a single pazcel, the
number of which are limited only by lot coveraee
Lot coveraee: 2% of buildable land except that solar enerey installations may
exceed this limit up to a total of 20% lot coveraee.
Impervious surface• 5% of buildable land except that solaz energ,
installer ations may
exceed this limit up to a total of 20% impervious surface.
Building height (ft.): 35
Number of stories: 2
Setback from property line (ft.): 30
§280-189. Setbacks.
...,,.F~,.,.,., ,,,..n ,o.,, « zr,r,~ *:.~.~,_.bashoreline
New structures and impervious surfaces shall be set back at least 300' from the shoreline,
bluff or dune crest, or wetlands edge, whichever is more protective.and-wetla~ls:
III. SEVERABILITY
If any clause, sentence, pazagraph, section, or part of this Local Law shall be adjudged by
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
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 Secretazy of
State as provided by law.
Dated: July 2, 2013 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A. Neville
Town Clerk
KECEIVED
COVINGTON & BURLING LLP AUG13 2013
Town Attorney's Office
1201 PENNSYLVANIA AVENUE NW BERING
WASHINGTON, pC 20004-2401 8RVG6ELS EUGENE D. GULLAND -
TEL 202.6fi2.6000 LONOON TEL 202.664.6304
NEW VJftK
FAX ]02.664.6281 SAN DIEGD FAX .202.]]6.5504
VJWW.COV.COM sAN FRA(JpsCD EGVLLAND@COV.COM
31LICON VALLEY
August 12, 2013
Martin D. Finnegan, Esq.
Town Attorney, Town of Southold
Town Hall Annex AUG 13 2013
54375 Route 25
P.O. Box 1179 Town Attorney's Office
Southold, NY 11971
Re: Proposed New Regulation of Water Carriers.
Dear Mr. Finnegan:
Cross-Sound. Ferry Services, Inc., has asked me to offer brief comments
from the standpoint of interstate commerce law on the proposed new provisions
of the Town of Southold ordinances that would be codified as Section 280-55. I
have served as Cross-Sound's commerce counsel in many proceedings over
more than 30 years and I am very familiar with its operations. The proposed
provisions would. seriously interfere with Cross-Sound's interstate
transportation operations and thereby violate federal law.
Cross-Sound is the latest operator of an interstate water carrier service
that has existed for more than two centuries. You are probably aware that the
Interstate Commerce Commission declared in 1975 that Cross-Sound's year-
round operations between New London and Orient Point are "required by the
public convenience and necessity." Moreover, the U:S. Department of
Transportation has designated Cross-Sound's operations as an integral part of
the Federal Highway System. The Federal Government and States of New York
and Connecticut have each supported Cross-Sound's operations through large
financial grants. This public support followed the issuance In 1975 of the Tri-
State Regional Planning Commission's study, Crossing the Sound: A Study of
Improved Ferry Service on Long Island Sound, and the Long Island Sound Ferry
Service Improvement Study in 1981. Both studies recognized that Cross-
Sound's service is a critical link in the interstate transportation of passengers,
vehicles and freight, and strongly endorsed public policies #avoring Cross-
Sound's operations as a substitute for bridges and highway travel. During the
last 30 years, the Federal Government, New York State, and Connecticut have
` COVINGTON & BURLING LLP
Martin D. Finnegan, Esq. --Page 2
all supported and encouraged Cross-Sound's operations, and Cross-Sound has
made heavy investments in vessels and terminal facilities in reliance on the
laws and public policies under which it is authorized-and required-to provide
interstate transportation service. (Please let me know if you would like copies
of the studies and other related materials.)
Cross-Sound has never taken the position that it may not be subjected to
any land use regulation by the communities that are directly affected by its
facilities and operations. But local regulations must be reasonable, and
sensitive to the fact that Cross-Sound is a critical link in the interstate
transportation system. It is a fundamental principle of federal law that local
communities may not adopt measures that have the purpose or effect of
impeding the free flow of interstate commerce. The proposed new restrictions
would have such an effect, and there are strong grounds for inferring that they
are animated by an improper purpose to restrict and regulate interstate
commerce.
The new proposed regulations of terminal facilities are unreasonable on
their face. They would require facilities that are much greater in scale than are
needed to accommodate Cross-Sound's operations. Though we have not had a
chance. to conduct a systematic study of the matter, we believe that the
facilities required under the proposed new regulations are much greater in
scale than the facilities operated by other ferry companies, including those that
carry more traffic than. Cross-Sound. Even if the new regulations would not be
enforced so as to curtail Cross-Sound's operations, the would operate as a
straightjacket to prevent Cross-Sound from adapting its facilities to changes in
circumstances, technology and demand for service.
Cross-Sound knows well that some residents of the Town of Southold
and other communities on Long Island and in Connecticut may suffer
inconvenience and annoyance because they live near an important interstate
traffic route. Cross-Sound has always tried to accommodate Southold and
other communities in ways that can reduce those impacts without impairing its
ability to provide a vital public service. Cross-Sound will continue to do so,
But both the law and Cross-Sound's financial viability require that it continue
to provide interstate transportation service and resist efforts to restrict and
impair that service.
Sin ely o rs,
~ ,~''Qf
E ~ en D. Gulland
~ ~ RECEIVED
AUG 5 2013
Steven Bellone
SU FfOLK COUNTY EXECU'rl V 4:
Department of Southold Town Clerk
Economic Development and Planning
Joanne Minieri
Deputy County Executive and Commissioner Division of Planning
and Environment
July 25, 2073
Town of Southold
53095 Main Road
P.O. Box 1179
Southold, NY 1 1971
Attn: Elizabeth A. Neville, Town Clerk
Applicant: Resolution Numbers 2013-521 & 522
A Local Law in Relation to Marine (II)
District and Plum Island Zoning
Zoning Action: Minor Subdivision
SCTM
S.C.P.D. Resolution No.: SO-13-O1
Dear Ms. Neville:
The staff has examined the proposed action entitled, "Resolution Numbers 2013-521 & 2013-522 A Local
Law in Relation to the Marine (11) District and Plum Island Zoning" bearing the stamped date of July 11,
2013. Comparing this action with the one that was previously referred [o the Commission, the staff did
not find any substantial difference between the two actions.
It is the policy of the Commission not to review any action that it has previously considered unless there
remains substantial differences.
A copy of the previous report is enclosed for your reference.
Very truly yours,
Sarah Lansdale
Director of Planning
Andrew P. Fre g
Chief Planner
APF:cd
LEE DENNISON BLDG ~ 100 VETERANS MEMORIAL HWY, 4th FI ~ P.O. BOX 6100 ~ HAUPPAUGE, NY 11786-0099 ~ (637) 853-5191
File No. SO-13-01
~ Resolution No. ZSR-13-13 of the Suffolk County Planning Commission
Pursuant to Sections A14-14 to thru A14-25 of the Suffolk County Administrative Code
WHEREAS, pursuant to Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, a
referral was received on May 10, 2013 at the offices of the Suffolk County Planning
Commission with respect to the application of "Marine (11) District and Plum Island
Zoning" located in the Town of Southold
WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting on
June 5, 2013, now therefore, Be it
RESOLVED, that the Suffolk County Planning Commission hereby approves and adopts the report of its
staff, as may be amended, as the report of the Commission, Be it further
RESOLVED, pursuant to Section A14-16 of the Suffolk County Administrative Code and Section 239-m 6
of the General Municipal Law, the referring municipality within thirty (30) days after final
action, shall file a report with the Suffolk County Planning Commission, and if said action is
contrary to this recommendation, set forth the reasons for such contrary action,
Be it further
RESOLVED, that the Suffolk County Planning Commission Approved said referral subject to the
following Comments:
1. The Suffolk County Planning Commission has no objection to the Town of Southold assuming Lead
Agency status pursuant to the State Environmental Quality Review Act (SEQRA) for the review of
the local law-Marine (II) District and Plum Island Zoning. It is the belief of the Suffolk County
Planning Commission that the Town should prepare or cause to be prepared a "water budget" for
the Island as well as preparing or causing to be prepared a Nitrogen budget for the Island as well.
The Suffolk county Planning Commission reserves the right to comment on this proposed action in
the future and wants to be kept informed of all actions taken pursuant to SEQRA and to be
provided with copies of all EAF's , DEIS's and FEIS's, etc.
2. For those areas where the "disposal of solid or hazardous waste" has occurred (no further
information was provided in the referred Environmental Assessment Form) it is anticipated that
these areas will be identified by the Federal Government and remediated to the satisfaction of the
Environmental Protection Agency, NYS DEC, and other entities prior to sale and transfer to a
private party. This should be confirmed by the Town.
3. Vegetative clearing restrictions should similarly be applied to the PIR District as in section 280-187
D. "Vegetation is not to be disturbed for any reason without application to the Planning Board for
an approval to remove vegetation".
4. The town may wish to consider adding height and Floor Area Ratio (FAR) parameters to the "Bulk
and Area" regulations.
5. Definitions for "apartments" and "dormitories" would be helpful to characterize the type of housing
permitted within the districts. Unit density and distribution parameters would also be helpful.
6. The Town should review the Suffolk County Planning Commission publication entitled "Managing
Stormwater-Natural Vegetation and Green Methodologies" and incorporate where practical into the
proposed local law, natural treatments for storm water run-off such as permeable pavement,
bioswales, etc.
The Suffolk County Planning Commission Guidebook for policies and guidelines can be found on
the Internet at the below website address:
http //www suffolkcountyny gov/Home/departments/planning/Publications%20and201nformation.
asox#SCPC
A copy of the Suffolk County Planning Commission Guidebook is also included with this letter.
.
~ ZSR-13-13
File No.: SO-13-01
Proposed Marine (II) District and Plum Island Zoning
Town of Southold
TM# 1000-01500-0009-009000
COMMISSION ACTIONS ON ADOPTION OF RESOLUTION
AYE NAY ABSTAIN ABSENT
BERRY, GLYNIS - At Large X
CALONE, DAVID - Chairman, At Large X
CASEY, JENNIFER -Town of Huntington X
CHARTRAND, MATTHEW -Town of Islip X
ESPOSITO, ADRIENNE -Villages over 5,000 X
FINN, JOHN -Town of Smithtown X
GABRIELSEN, CARL -Town of Riverhead X
GERSHOWITZ, KEVIN G.- At Large X
KAUFMAN, MICHAEL - Villages under 5,000 X
KELLY, MICHAEL -Town of Brookhaven X
MCADAM, TOM -Town of Southold X
ROBERTS, BARBARA Town of Southampton X
SHILLINGBURG, J.EDWARD -Town of Shelter X
Island
VACANT -Town of Babylon
WHELAN, JOHN P. -Town of East Hampton X
Motion: Commissioner Kaufman Present: 10
Seconded: Commissioner Berry Absent: 4
Voted: 10-0
Abstentions: None
DECISION: Adopted
OFFICE LOCATION: o~~OF SO(/lyOl MAILING ADDRESS:
Town Hall Annex ~ O P.O. Box 1179
54375 State Route 25 l~[ ~ Southold, NY 11971
(cor. Main Rd. & Youngs Ave.) w ~
Southold, NY 11971 ~ Q Telephone: 631 765-1938
~ Fax: 631765-3136
~y00UNT1,~~
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
RECEIVED
To: Supervisor Scott Russell AUG 1 3 2013
Town of Southold Town Board
From: Mark Terry, Principal Planner ~ Southold Town Clerk
LWRP Coordinator
Date: August 13, 2013
Re: Local Waterfront Revitalization Coastal Consistency Review of a local law
related to Plum Island Zoning
The proposed local law has been reviewed to Chapter 268, Waterfront Consistency
Review of the Town of Southold Town Code and the Local Waterfront Revitalization
Program (LWRP) Policy Standards. Based upon the information provided to this
department as well as the records available to me, it is my recommendation that the
proposed action is CONSISTENT with the LWRP Policy Standards and therefore is
CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: Martin Finnegan, Town Attorney
Jennifer Andaloro, Assistant Town Attorney
MAILING ADDRESS:
PLANNING BOARD MEMBERS ~pf SO(/j~, P.O. Box 1179
DONALD J. WILCENSKI h~~ Old Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J. CREMERS y ~ Town Hall Annex
Q
PIERCE RAFFERTY 54375 State Route 25
JAMES H. RICH III •
,rrV (cor. Main Rd. & Youngs Ave.)
MARTIN H. SIDOR yCQUn 1 ' ~ Southold, NY
Telephone: 631 765-1935
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM RECEIVED
JUL 1 7 2613
To: Elizabeth A. Neville, Town Clerk Southold Town .lerk
From: Donald J. Wilcenski, Chairman
Date: July 19, 2013
Re: Revised Planning Study for Plum Island Zoning. (in relation to
Resolution Number 2013-521: Plum Island Zoning)
After considering input from the previous public hearing, the Planning Board has
revised the Planning Study for Plum Island. Please replace the original with this
version dated July 15, 2013. Thank you.
cc: Scott Russell, Town Supervisor
Members of the Town Board
Town Attorney
Plum Island Planning Study
Southold Planning Board
July 15, 2013
Plum Island consists of an 816 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 trader
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)2. There is
The area of Plum Island is reported differently indifferent 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.
BMT Entech, Inc. 2002. CERCLA program report for Plum Island Animal Disease Center. Contract No. 43-3K I5-
I-0006. Prepared for U.S. Department of Agriculture.
1
a wastewater treatment plant with a capacity of 80,000 gpd (although it is currently permitted at
60,000 gpd)3. There are also about eight miles of roads on the island.
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: 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 azea for marine Yish species a
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 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 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 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 I3,
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 vazious 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 sanctuazy. 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 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 aze 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 neazest 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 spazsely
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 aze 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 aroaosed zonine
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 con•idor would decrease the safety for cyclists,
and erode the scenic qualities.
Most of 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 Reseazch District is designed to encourage this type of development by cleazly
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 reseazch 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 futwe 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 sowce 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 distwbance 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 are set back at least three hundred feet from surface waters and wetlands. In
addition, the limited ability to subdivide will help ensure the habitat qualities of the island remain
intact.
Historic Resources
Plum Island contains unique historic resowces, including the Plum Island Lighthouse and Fort
Ten•y. 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 Yire 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 particulazly 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 neazest
mainland connection at Orient Point, ensuring that the rural chazacter of the hamlets of East
Marion and Orient is maintained.
6
o~OgUFFO(,~co
ELIZABETH A. NEVILLE, MMC hZ. l/y Town Hall, 53095 Main Road
TOWN CLERK o= ~ P.O. Box 1179
y Z Southold, New York 11971
REGISTRAR OF VITAL STATISTICS O ~ ~C Fax (631) 765-6145
MARRIAGE OFFICER y~ Q~' Telephone (631) 765-1500
RECORDS MANAGEMENT OFFICER 0.(# `1.~ www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 9, 2013
Re: Resolution Numbers 2013 -521 & 2013-522 A local
Law in Relation to the Marine (II) District and Plum
Island Zoning.
Donald Wilcenski, Chairman
Southold Town Planning Board
Southold Town Hall
53095 Main Road
Post Office Box 1179
Southold, New York 11971
Dear Mr. Wilcenski:
The Southold Town Board at their regular meeting held on July 2, 2013 adopted the resolutions
referenced above. Certified copies are 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 your earliest convenience. This proposed local law is
also being sent to the Suffolk County Department of Planning for their review. The date and time for
this public hearing is 4:32 P.M., Tuesday, August 13, 2013. Please do not hesitate to contact me, if you
have any questions. Thank you.
Very truly yours, ~J~
Eliza th A. Neville
Southold Town Clerk
Enclosures (2)
cc: Town Board
Town Attorney
o~~g11fF0(,r~0
ELIZABETH A. NEVILLE, MMC Gy Town Hall, 53095 Main Road
TOWN CLERK C ~ P.O. Bax 1179
H Z Southold, New York 11971
REGISTRAR OF VITAL STATISTICS p • .F Fax (631) 765-6145
MARRIAGE OFFICER '1~ Telephone (631) 765-1800
RECORDS MANAGEMENT OFFICER Oj iL ~,a
FREEDOM OF INFORMATION OFFICER T www.southoldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 9, 2013
Re: Resolution Numbers 2013 -521 & 2013-522 A Local
law in Relation to the Marine (II) District and Plum
Island Zoning.
Andrew P. Freeling, Chief Planner
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Freeling,
The Southold Town Board at their regular meeting held on July 2, 2013 adopted the resolutions
referenced above. Certified copies are 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 your earliest convenience. This proposed local law is
also being sent to the Southold Town Planning Board for their review. The date and time for this public
hearing is 4:32 P.M., Tuesday, August 13, 2013. Please do not hesitate to contact me, if you have any
questions. Thank you.
Very truly yours, `
Eliza th A. Neville
Southold Town Clerk
Enclosures (2)
cc: Town Board
Town Attorney
~~,~m.
RESOLUTION 2013-521
''~°e,,+_y~ ADOPTED DOC ID: 8937
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-521 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 2, 2013:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 2"d day of July, 2013, a Local Law entitled "A Local Law in relation
to the Marine (II) District and Plum Island Zoning" now, therefore, be it
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 13`n
day of August, 2013, at 4:32 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".
BE IT ENACTED by the Town Board 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 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 re ig onally significant natural historic and scenic resources. The purpose of the Plum
Island Conservation District is intended to preserve the integrity of the reeionally 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. Definitions.
IMPERVIOUS SURFACE -Impervious surfaces include all areas where the ground is covered
by a surface that interrupts or prevents rain from fallin dg irectly to the ground and percolating
into the groundwater, including but not limited to: roads, driveways, parking lots, other
pavement, buildings, and concrete pads.
FERRY SERVICE -Passenger or auto/vehicle ferrYusing a single dock. If more than one dock
ispresent, it shall constitute a separate and individual ferry service.
r
Resolution 2013-521 Board Meeting of July 2, 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 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) A ferry terminal shall have at least ten acres of buildable land in the MII
Zone dedicated to each ferry service provided.
(b) A feny terminal shall have a staging azea for motor vehicles that enter an
auto/vehicle ferry. The size of the staging area must accommodate the
maximum number of cazs 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 narking area for passengers (provide one
parking space per two passengers) calculated in the following manner:
(i) Parkins for passenger fern(s) will be calculated by multiplying the
capacity of the passenger ferrv(s) by the maximum number of fern
trips per day, divided by two.
(ii) Parking for auto/vehicle ferrv(s) will be calculated by multiplying
the passenger capacity of the auto/vehicle ferrv(s) 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. Purpose.
The puroose 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 buildins
shall be erected or altered which is arranged intended or desiPned to be used in whole or in part,
for anypuroose except the following:
A. Permitted uses The following uses are permitted uses and are subject to site plan
approval by the Planning Board:
Updated: 7/2/2013 11:04 AM by Lynne Krauza Page 2
s
Resolution 2013-521 Board Meeting of July 2, 2013
(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 ne atg ively impact surface or Qroundwater.
(c) All sewage will be treated by a sewage treatment plant or similar 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.
(3) Museums housed in a designated historic landmark. All sewage will be treated by
a sewage treatmentplant or similar.
B. Uses permitted by special exception of the Boazd of Appeals. The following uses aze
permitted as a special exception by the Boazd 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
C. Accessory uses. The following uses are permitted as accessory uses:
(1) Anv 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
X280-182(A) and X280-182(B);
(3) Cafeteria for personnel associated with permitted or special exception uses set
forth in &280-182(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 fern f~v for transportation by boat to and from the
Island.
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 ve etg ation present, the vegetation to be removed and
a reve etg
ation plan (if any), using plant species listed in the Southold Town
Planning Boazd's Native/Natural Buffer Plantings list of recommended native
Ip ants;
2. an application fee of $100;
Updated: 7/2/2013 11:04 AM by Lynne Krauza Page 3
r
Resolution 2013-521 Board Meeting of July 2, 2013
3 The Planning Board shall render a written determination within 30 davs 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 regazding a denial under this Section Any person whose application to
remove vegetation is denied may appeal within 30 davs of a denial.
&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 incoroorated 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: 125 acres
Uses• Multiple uses and buildings aze allowed on a single pazcel the number of
which aze limited only by 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.
Building Height (ft.): 35
T; amber of Stories: 2
Setback from property line (ft.)• 30
Landscape area: 30%
&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.
The purpose of the Plum Island Conservation District is to preserve the integrity of the regionally
si nificant natural scenic and historic resources of Plum Island for the benefit of the residents of
the Town of Southold.
5280-187. 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 Rart for any purpose except the following:
A. Permitted uses The following uses are permitted uses and are subiect to site plan
approvalby the Plannin Bg oard:
(1) Nature preserve
(2) Public pazk
(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.
Updated: 7/2/2013 11:04 AM by Lynne Krauza Page 4
Resolution 2013-521 Board Meeting of July 2, 2013
(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 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) Solaz energy generation in excess of that needed to provide power to permitted
uses.
C. Accessory uses. The following uses are permitted as accessory uses:
(1) Any customazy structures or uses which are 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
&280-187(A) and 6280-187(B).
D. Additional Standards: All uses in this District shall be subiect to the following:
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 ve etg anon.
The application shall include:
1. a plan indicating the types of vegetation present, the vegetation to be removed and
a reve etg anon plan (if any), usingplant species listed in the Southold Town
Planning Boazd's Native/Natural Buffer Plantings list of recommended native
Ip ants;
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 advisin tg he applicant of
the ri hg t to appeal; and
4. The Town Board shall hear appeals or shall desi nag to a person or body to hear
appeals re ag rding a denial under this Section. Any person whose application to
remove vegetation is denied, may appeal within 30 days of a denial.
6280-188. Bulk, area and parkins 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 i.c
included at the end oJ'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: 350 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, except that solar energy installations may exceed
this limit up to a total of 20% lot coverage.
Updated: 7/2/2013 1 1:04 AM by Lynne Krauza Page 5
_ ,
Resolution 2013-521 Board Meeting of July 2, 2013
Impervious surface: 5% of buildable land except that solar energy installations may exceed
this limit up to a total of 20% impervious surface.
Building height (ft.): 35
Number of stories: 2
Setback from property line (ft.): 30
$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: Louisa P. Evans, Justice
SECONDER: William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
Updated: 7/2/2013 11:04 AM by Lynne Krauza Page 6
#11282
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 1sf
day of August, 2013. j'
Principal Clerk
Sworn to before me this } day of ~ 2013.
RtaTiNA VGLI
NOTARY PUBLIC-STATE OF NE+N YORK
tJ O. O1V06705050
9uoliiied in Suffolk County
My rornmission fxpirea Febru CVy 28. 4016
C.9ccessor us Th full u e
FERRY SERVI E P ge=" 1 (q~jnUastn emr c a t th y
auto/ Ltd fe u~ ~ry a~ p m tt d a c o s-
ry C~~gle 4 r operation of th y
more than o e d ek ~ ~~pe tted o e " 1 (1) Apy eosin rv tru t re r ~
p s tit 'all e~onon a ~ [ f th ' 0280 182tA1 which are cu t m ly ' cid ml to th
constitute a ep at a d d' 'd al and '28 -182 B limited to road sewer
ferr s rvic . pnnemal a pt rho or h'b"t d by
system wal st ¢P end at [tits chant
ARTICLE XIII lines and util'ty tin ~ (2) Sleep'
Marine II MII District O C 9- ~ ep ten l"
( ) 5 1'he e i line h bo nd f r y dormitories o d'
§280-55. Usere a6ons. P-P c m d C
8W cili[v for [ S by b t [ nd sly fo o s I ss ' t d w'[h th
B. Uses permitted by special excep- from [he I I nd
[ion by the Board of Appeals. The fol- D. Additional [a dard ~ All us forth m 62$0.187(Al and 8280~t187fR1 t
lowing usos are pormined as a special his D strict sh 11 be " bje t t the f I D. Additional St' darda~ All u
exception by [he Board of Appeals, as IoW~RP, [his District shall be bj [ to [h fol
hereinafter provided,subjec[[o site plan V~e[ation hall r he di"t bed 1
approval by the Planning Board. Where noxious or invasive plant ar
Ye3etatio h~ll n t be dirt rb d
(2) Ferry terminals which meet [he overtakme ? ti fa a wh e e
following st nd ds Where no 'ou or ~ a ~ plant ar
etahon must b d to b d ' ju overtaking tie feu a o h rem
(al A ferry term n I hall h eat ton wnh a mated a appl" to etahon must be distu b d ~ c jun - `
leas[ ten a es f b "Id ble 1 nd ~ th may be ade to th PI ti g B and for bon wnh a p rm~tted se
MII Z a is red t h f rry an app 0 1 [o em e t Th Rpl" to
vue provided apphoahon shall incl d ~ g tgay~c ad t th PI m' g B rd f
(bJAfe ryt l h llh a t g 1 Ia d C th t o an aoomval to remove get t Th
in¢ area [o of h'el th t a eta[ g y_ f application shall 'n 1 d '
p nt the og tat t be 1. a plan ind'c fn tg he type o[
~[o/vehicle f ry The se f th moved and a reve etation tan if an
area mua ac ommod to the maximum uaine plant ape 'es f ted "n th So [hold mooted sodas a thgetaf spl nip ba y~
r m e f care eu' g f
t~ st Town Plannin Boa d's N t~ e/N tur I usmv plant ape es fsted'n th
boat(s) a d th bu 'eat op ed ched --v°~ t
PL Suffer Plant gs list f r co me d d Town Plannine Boa d's Nat /AI tur I
w~ a fe 3erv P "th auto/vehicl native Dl te.
ferry wnll of uu' e a t Buffer Plamin s list of recommended
8~~1 2 an ap~aC n f off 100 native plants
(cl A ferry to foal sh II h e ~ Pla ing Bo d shall nd a 2 an ap~icati ? f e of 100'
Parkme area f sengers for id written d term"nati n ~th~ 30 d vs f 3. The Planning B d hall end a
one oarking_pace pe tw p--a?~), receipt f a m 1 t pl' aC n st t'
~Icul red' th fo11 w manne Re~P written det rm~ aC n 'th' 30 d ys f
g t~ so the fo nd d " ngt~~ recept ofa 1 to
(t) Parking f oa en f P Rph do tam
will he al W red bx• g ~ phcant of the 'qht to appe P and [he reason the of a d ad 's~ g th ao
~RY~g he a 4Th To n B and hall he apR~ phcant pf the iahr r~ ,ppeaP and
p city of the ss ge ferry(sLby the pr shah designs[ a rurson o bpd r 4 The Town Boa d sh II h ar aope I
maximum number of fer [r ps p dax hear aQ eats re ard'ng a ded 1 u der or shall dent n to oe on b d
t
dmded b t this Section A v perso whoa ap 1' hear a eat
(iil Parking fo aut /vehicle f r s taboo to remo v rrwri R reg rd' a denial u de
e r~.(1 n "s denied Stirs Section Any on ho e a 1'
will be calculated by m>il~yL h may ap al with' 30 days of a denal capon [o rem a efeta[ion is deni d
passenger spa '[y f [h aut / g280.1&f. Balk ar a and oarkiny may appeal w'th'n 30 days of a d ial
ferrvfsl by 10 % the rod ct f which regWaao~
shall be molt lip ed by the maximum No building o re sea hall be §~-188' Bulk area nd oarkin~
ed re¢ulations.
number of ferry tri s er day the d' a d n btildmg or art the of hall be No bnildine o pr m' sh Il b used
vrded by two erected or Iter d ~ [h Plu I land and no build"ng o a t the of hall b
Artide XXXI Research Disti [ u less [he a w erected or Itered i [he Plum I land
Plu Isl Rese ch Dfstri f fPIRI 9nns [o the B Ik Gh dole and Park~n~ Conservation District unless [he same
$280-182. Pur oae and Loadmf Sch dul s wrporated conforms to the Bulk Schedule and
The pumose of [he Plu Island Re into this chapter by ref re ce '[h the Parkme and Load e S bed lea "nco
search DtsMct is to enwu a the same force nd ffe t as 'f su h uI
of land for rese eh nd educ [ion 1~ bona we set forth h ein "n full posted into this ha to er by fer ce
wnh the same force and effect as if such
portumttes ov de oualit employment PIR BWk Schedule: (to be placed in reeulahons we set forth h ein "n full
ppportum[ies and m p ese a Plum Is new Appendtz)
land's reg_i Wally signif' nt atu I h' Editor's N re' Th 8 Ik Sch d ( '
Minimum Lot Si ~ 125 ac s c(uded at th nd f th" h pt d th
mnc`scente and cultural resources Uses' Multiple ses d build" s are Parkme and L d' ¢S h d [ s S6'
LEGAL NOTTCE §280-183. Usere ula0o s. allowed on a single par 1 th b 280-78 and 280-79
NOTICE of PUBLIC HEARING In the PIR
District~o
buildi~ of which are lien'[ d I by 1 t c r Plum Island Conservation District
premises shall be d d o b 'Id_g $ BWk SchedWe: (to be placed in a new
NOTICE IS HEREBY GIVEN, or mart of a buildinn sh II be er [ed or Lot Coverag 20 % of buildabl lad Appendix)
there has been presented [o the Town altered which is arrang d 'vended r except [hat solar nergy ' tall [io s Minimum Lot Size 350 acres
Board of the Town of Southold, Suffolk destened [o be used 'n whol or "
County, New York, on the 2nd day of for nv P t may exceed th' li 't up [o t t I of Uses Multinle se and bu'Idin ar
se ce t th follow' S0 % lot cove oe allowed on a sr a erect the number
July, 2013, a Local Law entitled "A Lo- A. Permuted uses The following u s Buildin He" ht fff Y 35
cal Law to relafion to the Merin fID are cermitted us sand are sub"ect to s'te Numbegof Stories2 of which are limited only by lot co
Distort and Plum Isl d Zonin "and plan approval by [he Pla Win Bo rd Setback from property tin f ft } 30 $ o[ Covera¢ ~ 2 % of b ildabl land
NOTICE IS HEREBY FURTHER (1) Research laboratories with mul Landsca a are ~30
GIVEN that the Town Board of the ti Ie buldm s allowed in a cam us~t le P except that ~ la n ev at IIaC s
§280.185. Setback may exceed tK I'mt u to t t 1 f
"Down of Southold wf0 hold a public development. subject to the f Ito 'n New structures and imp s
hearing on the aforesaid Local Law at condth ~ 20 % lot w ciao
Southold Town Hall, 53095 Main Road, (a) The use hall of lee th the shot
Ilene db e 1 ids t 300' f m Impervious urface' S % f b 'Id bl
Southold, New York, on the 13th day o[ handline st ae or d'sch g of pl Artfde XXXII land exec t that solar ever installa-
Augnet, 2013, at A:32 p.m. at which time styes tons may exceed this limit up t a tot I
all interested persons will be teen an Plum Island Cooa eaaton D'shid of 20% imp rv' us s rfa e
B (b) No offensive no' es eas [u e
opportunity to he heard. smoke odors dust effluent or vibra- 8280- IPICI Building height ((l.): 35
186. P po Number of stories:2
The proposed Local Law entitled "A [ions shall e a to from su h us a d The pu os of th PI m lsl d Setback from property line (ff.): 30
Local Law in relati n t th Ma 'ne (Hl no waste pr du is shall be d"sch reed
Conservation Dis[ri t 's t es ° e the §280.189 S tba
Dttnd and Plum Island Zonin "reads therefrom of a character [o create a m[eent of th
as follows: eg n' II ~eti f"cat New s[mctu a d " pe 'o s
LOCAL LAW NO 2013 to neeatwely
moat[ surf cob alt nd- Plum Island for the ben [fit of th cep of the ahorell' be andb la [d t 300 fr m
A Local Law entitled "A Loral Law water. ~
in relation t [h M 'n (Ill D' [r' t c dents of the Town of Southold ID. SEVERABILITY
and Plum Isla d Z 'nom". OAll sewaee w 11 6 tr red b §280-187. Usere Iaf a If any clause, sentence, paragraph,
sewaee treat t 1 ( 'la s In the PI I I nd Co o C D' section, or part of this Local Law shall
BF. IT ENACTED by [he Town see treatm [ trio no butldm or remises shall he be adjudged by any court of competent
Board of the Town of Southold as fol- (2) Educational fa iliC s ~th molt used and no buld'n or part of bold jurisdiction tp bo invalid, the judgment
lows: plc buildings all ed 'n a eampu std m¢ shall be er c[ed or I[e d hieh 's shall not affect the validity of this law as
1. I'uipose. develop ent A8 sew a ill be t eat d arraneed tended or des~yned to be a whole or any part thereof other than
The purpose of this local 1 to b a sews a treatment Ian[ or similar used rp wholewhole
own
part
fo~art
fo a our
create and establish zoning d' [ " [s on sewage treatm [ -Y [he part so decided [o he unconstitu-
tional or invalid.
Plum Island and [o exp nd permitted (3) Museums ho ed 'n a de " nated oA. P=nnuted uses T7te follow n uses IV. EFFECTIVE DATE
uses m the Marine II District [o accom hislonc landmark All sews w 11 b
modate neces" ace to [he Isla d treated by a se as tr a[ment la t or are permd[ d u ~ a d a subject to ate This Local Law shall take effect im-
7hc Plum I1 nd Re ar h D~st ~ t stmder. plan aoomval by the Plann~p Boazd~ mediately upon filing with the Secmmry
intended to a wu o the a of the B. Uses pennitt d by so eial ex o (2) Public pa k e e of Smte as provided by law.
island for research and educational o - [ion of the Board f App Is The fol Dated: July 2, 20]3
ormpitea and (3) Educational fac'lit tat d t th BY ORDER OF
I? "dt
I't m loo lowme uses a perm tied a a s ec~ 1 smdv of natural resourc co se aC n
men[ pop to ties a d [ ese a exception by the Boa d of Appeals a All sewaee will be t eared by a see OF THE TOWN OF
OUTHOLD
Plum Island's re ionall si nificant hereinafter provided and subiec[ to site trPnr...anr ..t.,... ,.-..:_n__ _ -
. ••x-„ ~~~~.-vvrc.1y s,v nntclwnty un ale ~
day of August. 2013
.~F..
~+~Lt^- t~~
Principal Clerk
Sworn to before me this _ ~I "
day of 1 2013.
Rl ASTM VpLj
NOTARY PUBLIC-STATE OF NEW YORK
No. O7Vp6705050
9ualliietl in Suffolk County
lily Commisa!on Fxplres Fe b!uary 28, 2016
a 5.
1~RRY CFAVrr- P 1g /B1.
a t /ve a fer s s' I d (4) 1~astructu C. A~csssorv r cPC Th f h
m re lion o
rid o- ~ f r - d ~ ~ certn p ri
4PS~t°n o th °'c e s rv u e
---~-s-! ex e t o uses a (J) ustom o u
cons note a e s a d d' d l et f th I 6280 182fA1 w sue[ r
ferry servme and 5280.182rm h..,.. ~I ich re uc!omardv mrl~tP~al [ rh
°d [o roads se - -
ss
sv~n,at r st d u, r ° I use rz e r h 'b't d h
ARTICLE XIII hoes and unlit I s' thrs chanr r
Marine ll (MII) District (2) Sleepine o a t
$280-55. Use regulafions. (5) e e istine ha b d fe r f
cili fort nc~
n~ ~ dormi on s r v dm ac Dram d [ion
B. Uses permitted by special excep- from [h I 1 nd of r olel for o
[ion b the Board of q e3 n e
Y PPeals. The fol- D. Addit' n I C d ermrt[ed or Her al ~~,.e_.:__
lowing uses arc permitted as a special 11_iis Drytt t h II h. s b r h for h m &280-]87/A1 nd &2Rn t
exception by [he Board of Appeals, as I wrn 187fB1
hereinafter provided,subject [o site plan Ve do ch D. Addmonal Standar s: Il use in
approval by the Planning Board. PCI~_ all t n Dicrrrr .h..p b uh~ ct [ th f I
Wher ~ rb d IpsyJap.
(2) Fe no tons
runs
r
t~n~a~
rry terminals which meet the overtakrn native fauna or where ve - ~~etation shall n t b
follow~a° ~r,~..-.+.. Where noxious or my sive loots are
a A fern terminal hall have at ht
~ wdh a peime rd'~r h d
lean acre _ over[ k'n na ive fauna or where ve -
f b ildable la d i the maybe made [ the PIaPn n aB I station must be disturbed in con~uno-
MII Znn> a^dte r d t a h f [ion with a ermi red use an a
yr a rovtded. a-n~PQOVaI t e e etaC 'n, lication
fbl A fe t r r h apnhcat og h Il ? lad may be adr to th PI B d p
e a 1. a plan indc Y h approval t
i~a_rga form t r h 1 rh apphc
t~t h
I~_~ Oe
auto/vehrele fe et non ores nt th a etat o to b
.The srze of the s[a ~n moved and a revs etauon tan if an 1, a Ian ind'caf rhP
area acco odors the ma imam [anon resent the ve
et-
atr'~r~
p +nber f cars nu u f oat-p¢ r Ian[ sner'r ~ 1' t d~ h
boat(sl and [h bu e t o 0 o ed car d Town P a n n moved and a revs station tan if an
ard' N tive/Na[ r 1 usinyplan[cner',..
ale (a fe serv r, B ffer Plant'n list of re ommended Town Plamm~ Board's Native/Na oral
o/ eh t
native pla is
f it n l no[ a w_ r a stst t 2 a r Buffer Plan[in s list of rec rams ded
fd q fem [ nni al h II h f e f Rim ~[ive n1a t
arkm¢ area f rs ! vrd >i• 7Le Plavn Bo d h r
one pa kme s° cP writ en dete m nano th~n 30 days f 2 a r anon
fie [ Ann
e tw a sen 1 recen t of 3~
Th~Planm Bo
rd sh II d
c~a~lated m f Ilowt theihe
r~~~mplete apphc star _n
Irl Parkrnv a,. --s_?so t r for and advi ' h Witten derermmar ,.,..h~n zn r
will be calrnl d b ^^s;en r fer I~man[~ n¢h t a t rece_
t~ comolete a nl'c t' staC?
e a 4.71te Town the reason therefor an advisin th a -
ap n~of the c B a d shall he r a f th ~ ht to
maxunnm numbs tfe
fer+-- or s all d cro.,°..,---'---_-~ scant
['o e d hear a eats re ardor a denial under 4'The TownB
dmde~h.,r_ ~d ti~~
Ihis S ct'on A or shall desr Hate a erson or bod [o
fii) Pa k~n fro [ / h' I e son wh s a l Is reon.n~.,... +eni l u d r
writ be talc I [ed b multi 1 in [he c ho to remove
v-`~`- hear a
ma em ^ In~Secnon An ers h
Rasseneer canaeiry pf the a r / -~poeal wrth 'tn at
$~80-184. Bs4 uanon [o remo e e eta[ on ~s deni d
fer~(sl 6 10% the nn of w r h remdaho sa "'oa- a
~~-_r may'
appeal w thin 30 d
shall be multi tied b [he No build"n or remises shall be used reelrl2eGon~ B,.Ir a d
nu r of ferry r ' e d h ° ° area a .y
ended b two aJt
a 4o buildi • - ^ aii be
rec[e o alt r d t thL Plum I r ~ No buildintE~ m~ a shall be d
A 'dr
t e }(RXI Resear h Drstn r u 1 and n bwldm or rt [here f shall be
P_~m Island R c~, t. ptrb.;,.r r forms to rhP a erected or altered in the Plum Island
4280.182 Purooae Ik e h d Conservation D'sM
c Tlt_-~uroose of the Plum Island R Loadm¢ crhPa..re~ r r ,t conforms to [he Bulk Schedule and
search Drstnc[ is o en into this cha ter b reference with he
ura a [he use same fort and effect as i[ such re ula- Parkm~nd Lo d~n a r,
of land for research nd educational o - [ions were set for h herein in full. b -_f
n
e
ortunities v d orated into th s ha t
em 1 PIR Bulk Sehed with the same force and effect as if such
0 or[umhes and [o ° al new- A--~lu: (to be placed in regions were s t fo th he e~n in full
land s reononally vin, r:,.,... _ PPendix)
°'ural h' Minimum Eduors Note. The Bulk chedule is in-
tone scenic and cultural resources. Lo[ ize~ 125 a e eluded at the end o this cha ter and the
?+2go-183 Uso re 16 Uses. Muth le uses and buildin s arc Porks'ne nd Lo
LEGAL NOTICE allowed on a s~n le oar el th umbe d'n S h dole e'n 6s
NOTICE of PUBLIC HEARING In [he PIR Di t ~ct o build~n of which ar binned onl 6 Ira cover- 280 78 and 180-79
NOTICE IS HEREBY GIVEN, °rremtses shall be used and n bold"n
[here has been presented to the Town al[ d which [carton ed intended r P~Idand C nse v lion D'stnd
Lot Covers e:20 % of buildable land Bulk Sch dot • (to be placed is a new
Board of the Town of Southold, Suffolk deslvRed to be s d i whol r'n Appendix)
County, New York, on the 2nd day of for an uroose z e t [h f Ib ~ ex~~[hat solar en i t 11 Co L Minimum Lot Size: 350 acres
July, 2013, a Local Law entitled °A Lo• 0-/~j
t o e s 1 rt u
cal Law in relation to the Marine
p A. Permrt[ed uses The followin uses Uses: Multi le uses and buildin s are
Bwldi v
H i ht !ft 1 39 allowed on a sin le amel [he number
District and Plum Island Zonin "and are ermined uses ands esub~ec[YO Site of which arc limited onI b b[ coverv
NOTICE IS HEREBY tan a prova] by the Plamm~ Bard Number__of
St~ries.2
FURTHER (1) Research laboratories with rant- Setback hom ro ert line h.: 30 ~
GIVEN that the Town Board of the [i le buildin¢e au~..,o,,'_ - -am s[ I Lot Covers e:2 % of buildable land
Town of Southold will hold a public develo meat sub ect to the followin Landsca a area: 30
hearing on the aforesaid Local Law a[ conditi o ~ 9280'185 Setbacks, eft that solo e e v 'n t 11 f
New structures and im °1-~ exceed [h s t m t o f s
Southold Town Hall, 53095 Main Road, 2~ lot w c a
(a) The use sha0 not involve the [ha shot
line andbwetla tdleaet 300' hom
Southold, New York, on the 13th day of handy Imnerv' urface:
5%°
of~b~e
August, 2013, at 4J2 p,m. a[ which time -~storaee o d~scha ~ land exce t that solar ener
all interested persons will be given an stveb Artiele XXXH mstalla-
Plum Island opae ati n D'stnet [ions m exceed thi I~m"t u t
opportunity [o be heard. O No offensive noise aces fumes of 20°o rm ervious surface.
The proposed Local Law entitled A smoke odors dust effluent or vibra- PIC
[ions shall emanate from such use and k~l~ a Building height (ft.): 35
Local Law in relation to the Marine 17 no waste roducts shall be dischar ed Conservation Drstnc[ rs to reserve the Number of stories:2
Distrid and Plum Island Zonin "reads therefrom of a character to create a i°te~
t ~ pof rho of the I Plum Island
Setback hom property tine (ffJ: 30
as follows: _ 5280-189 Setbacks
LOCAL LAW NO. nuisance or [o be iri urious [o health or ---may v
2013 to neeaCvely imnarr a, .r~,.e natural scenic and hrs[onc resources of New structures and im ervious sur-
A [.Deal Law entitled "A L c I L Plum Island for [he benefit oC the nisi- the
shortie
eliu~d_ast 3O0' from
in relation to the Marine II District water.
(c) All sews e will be treated b a dents of the Town of Southold.
and
Plnmbland
Z~nin)t k280-187 U e reeulafi ne IH• SEVERAB[LITY
y the Town see [r arm t If any clause, sentence, paragraph,
BE IT ENACTED b sews a treatment loot or similar sew- In the Plum
I-
gland Cgnservation Dis- section, or par[ of this Local Law shall
Board of [he'pown of 8ou[hold as fol- trio no buildin or remises shall be be ad~ud ed b an
lows: (2) Educational facilitie with muln- used antl no buildin or art of a build- 1 g Y
L Purpose. le buildin s allowed in a cam us-st le in Y roar[ of competent
develo a shall be cted Jurisdiction to be invalid, the
Th?~rpose f th~s lot 1 1 ~ gent qll a 'u h Ire d h~ch judgment
to arranecd intended ~ shall no[ affect [he validity of this law as
create and establish zomn b a sews a treatment loot or similar d s ed to be
districts on sewaee [rearm nt used m whole or in art for an ur- ° whole or any part thereof other than
Plum Island and [o ex and ermined pose exc r rh c n win the part so decided [o be uncons[itu-
uses in the Marine II District Lo accom- his[orncMlandmatk plldsewadeswill be [ional or invalid.
modate necessa access [o the Island. Heated b a sews a treatment Ian[ or q Pernrrtted uses. The followin uses
The Plum I land Resea ch Di t et s aCe emitted us sand s b~e Ito sue 1S'EFFECTIVE DATE
intended [o encoura a the use of the snmilar. Ian a rova) b the Plamm~ Board: Thos Local Law shall take effect im-
(1) Nature reserve media[ely upon filing with the Secretary
island for research and educational o . B. Uses permitted b ' t of State as
[ion of the Board
of-- A (2) Public a k provided by law.
ormnities a d ov de ualT a plot eats. The tot- (3) Educational facilit related to the Dated: July 2, 2013
men[ ° oortun~['ec d lowtn--uses are a o I
Plum Islands ° ° exceDllon by rhr u...,.a study of natural s u ces one tin B~' ORDER OF
re ronall si nificant heremaner mvtded and sub'ect to site qll sew oe will be [ ated b THE TOWN BOARD
natural historic and scenic resources. treatment loot or snmdar sews e[reat- OFTHE TOWN OF SOUTHOLD
The-pose of the PI man approval by th Pla i B a d
Isl nd C n e (1) Solar en rw e n r C men[ Elizabeth A. Neville
yahoo Drstnc[ ns intended to reserve of that needed to rovtde
over
to
ers i 4 _
the rote ri[ of there ionall si nificant miffed use OMuseums housed ~n a isti des 11282- Town Clerk
noted
hrs[onc landma k All sews a 1T8/1_
natural historic and scenic resources of C Accessor uses. The followin uses wrll be treated b a sews a treatment
Plum Island [!-loot or s~mla e a e [ e tin nt
Il. Chapter 2S0 of the are °enartted as c esso uses
Town of Southold is hereb ode of [he (1) Anycus[oma t B. Uses permrtted b ' r
as follows:
y emended which are cus[omanl mendentel to the lowin fusesBarerderm Hedeasse eciall
§280-4. Definitions. rind al use exce r rh s h'h' d b exce [ion b the Boazd of A eats as
IMPERVIOUS SURFgCE_Im er- [tins ch ore
vious surfaces include all areas w (3) Slee hereinafter rovided and sub'
-pine pu rte ect [o site
the round 's here dormitones rovndr~- tan approv 1 6 rh - PI
e ed b f sole) for accommodations 1 Solar e
interru is or reven[s rain from Fallin rsonnel associated with ° v oat z
direcd to the round and ercolann ennt[ted ors I ~ of that needed to rovtde
a s su mined u es ower to so-
into the roundwater indudin but not forth m &280-182tA1 and 6280 182B1
limited fo: road drivewa - (3) Cafetena for ersonnel associ-
other °r~° 1°r aced with cermined rs I
a ement h ldi .,,.c uses set forth m 5280-182(Al zee r'
-~~d 520
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the / ~j day of 2013, she affixed a notice of
which the amtexed printed notice is a true copy, r 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 8/18/13
Eliza eth A. Neville
Southold Town Clerk
Sworn before me this
ppday of 2013.
I~7otary P lic
LINDA J COOPER
NOTARY PUBLIC, Stzte of Nev: Yn
N0. OtC04822863, Suftolk Ceu
Term Expires December 31, 20~`
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 2nd day of July, 2013, a Local Law
entitled "A Local Law in relation to the Marine (ID District and P?um Island Zonine"
and
NOTICE IS HEREBY FURTHER GIVEN 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 13`n day of August, 2013, at 4:32 p.m. at
which time all interested persons will be given an opportunity to be heazd.
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 (II) District and Plum
Island Zonin¢".
BE IT ENACTED by the Town Boazd 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 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 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.
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 prevents rain from fallin dg irectly 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 ferry usin a single dock. If more than
one dock 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
are 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) A ferry terminal shall have at least ten acres of buildable land in the
T MII Zone dedicated to each ferry service provided.
(b) A ferry terminal shall have a staging area for motor vehicles that
enter anauto/vehicle ferry. The size of the staging area must
accommodate the maximum number of cars queuing for the lazgest
boats) 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 area for passengers (arovide
one parking space per two passengers), calculated in the following
manner:
Parking for passen eg r ferry(s) will be calculated by
multiplvin the capacity of the nassenger ferr (~y the
maximum number of ferry trips per day, divided by two.
{ii) Pazkin~ for auto/vehicle ferry(sl will be calculated by
multiulying the passen eg r capacity of the auto/vehicle
ferry(s) by 10%, the product of which shall be multiplied by
the maximum number of ferry trips ner day, then divided by
two.
Article XXXI
Plum Island Research District (PIR)
&280-182. Puraose.
The pumose of the Plum Island Reseazch 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 reHUlations.
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 aze permitted uses and are subject to site plan
approval by the Planning Board:
(1) Research laboratories with multiple buildings allowed in a campus-std
develonment, subject to the following conditions:
(a) The use shall not involve the handling storage or dischazge 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 dischazged therefrom of a character to create a nuisance or to be
iniurious to health or to negatively impact surface or groundwater.
(c) All sewage will be treated by a sewage treatment plant or similar
sewage treatment.
(2) Educational facilities, with multiple buildings allowed in a campus-style
develonment. All sewage will be treated by a sewage treatment plant or
similaz sewage treatment.
(3) Museums housed in a designated historic landmark. All sewage will be
treated by a sewage treatment plant or similaz.
B. Uses permitted by special exception of the Board of Appeals. The following uses
are permitted as a special exception by the Boazd of Anneals as hereinafter
provided and subiect to site plan approval by the Plannin Bg oazd:
(1) Solar energy generation in excess of that needed to provide power to
permitted uses
C. Accessory uses. The following uses are permitted as accessory uses:
(1) Any customazy structures or uses which aze customazily incidental to the
principal use, except thoseprohibited 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(Al 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 utilit 1
(5) The existing hazbor and ferry facility for transportation by boat to and from
the Island.
D. Additional Standards: All uses in this District shall be subject to the following
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 Boazd 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 any), using plant species listed in the
Southold Town Planning Boazd'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 heaz appeals or shall desi nate a person or body to
heaz appeals regazding a denial under this Section. Anv person whose
application to remove vegetation is denied, may appeal within 30 dam
denial.
X280-184. 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 Pazking 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: 125 acres
Uses: Multiple uses and buildings are allowed on a single pazcel, the
number of which are limited only by 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.
Buildin Hei hg
t (ft.): 35
Number of Stories: 2
Setback from property line (ft.): 30
Landscape azea: 30%
&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)
5280-186. Puraose.
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.
5280-187. 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 aze pennitted uses and aze subject to site plan
approval by the Planning Board:
(1) Naturepreserve
(2) Public park
(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 landmazk. All sewage
will be treated by a sewage treatment plant or similaz sewage treatment.
B. Uses permitted by special exception of the Board of Appeals. The following uses
are permitted as a special exception by the Boazd of Appeals as hereinafter
provided and subject to site plan approval by the Planning Boazd:
(1) Solar energy generation in excess of that needed to provide power to
permitted uses.
C. Accessory uses. The following uses are permitted as accessory uses:
(1) Any customary structures or uses which aze customazily incidental to the
principal use, except those prohibited by this chapter;
(2) Sleeping_quar[ers, apartments or dormitories providing accommodations
solely for personnel associated with the permitted or special exception uses
set forth in §280-187(A) and §280-187(B).
D. Additional Standazds: All uses in this District shall be subiect to the following
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 reve etg ation plan (if any), usin¢ plant species listed in the
Southold Town Planning Boazd'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 ri hg t to appeal; and
4. The Town Boazd shall hear appeals or shall designate a person or body to
heaz appeals regazding a denial under this Section. AnYperson whose
implication to remove vegetation is denied, may appeal within 30 days of a
denial.
5280-188. 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 Pazking and Loading Schedules incorporated into this chanter 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 thi s chapter and the Parking and
Loadin¢ Schedules are in S`~ 280-78 and 280-79
Plum Island Conservation District Bulk Schedule: (to be placed in a new Appendix)
Minimum Lot Size: 350 acres
Uses: Multiple uses and buildings are allowed on a sinele pazcel, the
number of which are limited only by lot coverage
Lot Coverage: 2% of buildable land, except that solar enerev installations may
exceed this limit up to a total of 20% lot coverage.
Impervious surface: 5% of buildable land, except that solaz energy installations may
exceed this limit up to a total of 20% impervious surface.
Building height (ft.): 35
Number of stories: 2
Setback from property line (ft.): 30
&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
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this la
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.
Dated: July 2, 2013 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A. Neville
Town Clerk
* + a
Please publish on AUGUST 1, 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
oyirat
RESOLUTION 2013-522
~~°a„~" ADOPTED DOC ID: 8938
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-522 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 2, 2013:
RESOLVED that 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~onfs~and reports.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
RESOLUTION 2013-521
ADOPTED DOC ID: 8937
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-521 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 2, 2013:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 2"d day of July, 2013, a Local Law entitled "A Local Law in relation
to the Marine (II) District and Plum Island Zonine" now, therefore, be it
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 13th
day of August, 2013, at 4:32 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 tII) 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
expand 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 reseazch and
educational opportunities and provide aualit~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 integriri of the regionally 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. Definitions.
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 rg ound 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 ferry using a
single dock If more than one dock
is present, it shall constitute a separate and individual ferry service.
Resolution 2013-521 Boazd Meeting of July 2, 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 aze
permitted as a special exception by the Board of Appeals, as hereinafter provided, subject
to site plan approval by the Planning Boazd.
{2) Ferry terminals which meet the following standards:
(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 sta¢in¢ 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 lazeest boat(s) and the busiest
proposed schedule (a Ferry service with no auto/vehicle ferry will not
require a staeinc area).
(c) A ferry terminal shall have a pazkine area for passengers (provide one
pazking space per two passengers), calculated in the following manner:
Pazking for passen eg r ferry(s) will be calculated by multiplvine the
capacity of the passen er fen s) by the maximum number of ferry
trips per day. divided by two.
Vii) Pazking for auto/vehicle ferry(s) will be calculated by multiplvine
the passen eg r capacity of the auto/vehicle ferrv(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. Puraose.
The purpose of the Plum Island Reseazch District is to encourage the use of land for reseazch and
educational opportunities, provide quality employment opportunities and to preserve Plum
Island's re ig onally significant natural, historic, scenic and cultural resources
&280-183. Use regulations.
In the PIR District no buildine or premises shall be used and no building orpart 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 azepermitted uses and aze subject to site plan
approval by the Plannine Board•
Updated: 7/2/2013 11:04 AM by Lynne Krauza Page 2
Resolution 2013-521 Board Meeting of July 2, 2013
(1) Reseazch 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 chazacter to create a nuisance or to be in'urt ious
to health or to negatively impact surface or groundwater.
(c) All sewage will be treated by a sewage treatment plant or similar 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 similaz
sewage treatment.
(3) Museums housed in a designated historic landmazk. All sewage will be treated by
a sewage treatment plant or similar.
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 Plannin Bg oard:
(1) Solar energy generation in excess of that needed to provide power to permitted
uses
C. Accessory uses. The following uses are 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 &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 pipelines and utility lines;
(5) The existing harbor and ferry facility for transportation by boat to and from the
Island.
D. Additional Standards: All uses in this District shall be subject to the following_
Vegetation shall not be disturbed. Where noxious or invasive plants aze overtaking
native fauna or where vegetation must be disturbed in coniunction with a permitted use
an application may be made to the Planning Board for an approval to remove ve eg tation.
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
lp ants;
2. an application fee of $100;
Updated: 7/2/2013 11:04 AM by Lynne Krauza Page 3
Resolution 2013-521 Board Meeting of July 2, 2013
3. The Planning Board shall render a written detennination within 30 davs of receipt
of a complete application stating the reason therefor and advisin tg
he applicant of
the ri h~
t to appeal; and
4. The Town Board shall hear appeals or shall designate a person or bodv to hear
appeals regazding a denial under this Section. Andperson whose application to
remove vegetation is denied, may appeal within 30 days of a denial.
&280-184. Bulk, area and parkins reHUlations.
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 Pazking
and Loadin¢ 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: 125 acres
Uses: Multiple uses and buildings are allowed on a single pazcel, the number of
which aze limited only by lot coverage
Lot Coverage: 20% of buildable land, except that solar energv installations may exceed
this limit up to a total of 50% lot coverage.
Building Height (ft.): 35
Number of Stories: 2
Setback from property line ~ftJ: 30
Landscape area: 30%
&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.
The pumose of the Plum Island Conservation District is to preserve the integrity of the re Tonally
significant natural, scenic and historic resources of Plum Island for the benefit of the residents of
the Town of Southold.
&280-187. Use re¢ulations.
In the Plum Island Conservation District, no building or premises shall be used and no building
or~art of a building shall be erected or altered which is an•anged, 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 Plannin Bg oard:
(1) Nature preserve
(2) Public pazk
(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.
Updated: 7/2/2013 11:04 AM by Lynne Krauza Page 4
Resolution 2013-521 Boazd Meeting of July 2, 2013
(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 Board of Appeals. The following uses aze
eermitted as a snecial exception by the Board of Appeals as hereinafter provided and
subiect to site plan approval by the Planning Boazd:
(1) Solar energy generation in excess of that needed to providepower to permitted
uses.
C. Accessory uses. The following uses aze permitted as accessory uses:
(1) Any customary structures or uses which are 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
&280-187(A) and §280-187(Bl.
D. Additional Standards: All uses in this District shall be subiect 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 ve etg ation.
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 anyl, usingplant species listed in the Southold Town
Planning Board's Native/Natural Buffer Plantings list of recommended native
]p ants;
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 advisin tg he applicant of
the right to appeal; and
4. The Town Boazd shall heaz appeals or shall desi nagn
to a person or body to heaz
appeals re~azding 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 parkins 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 Ihis chapter and the Parking and Loading Schedules are in S¢ 280-78 and
280-79.
Plum Island Conservation District Bulk Schedule: (to be placed in a new Appendix)
Minimum Lot Size: 350 acres
Uses: Multiple uses and buildings are allowed on a singlepazcel, the number of
which aze limited only by lot coverage
Lot Coverage: 2% of buildable land, except that solaz energy installations may exceed
this limit up to a total of 20% lot coverage.
Updated: 7/2/2013 11:04 AM by Lynne Krauza Page 5
Resolution 2013-521 Boazd Meeting of July 2, 2013
Impervious surface: 5% of buildable land except that solar energy installations may exceed
this limit un to a total of 20% impervious surface.
Building height (ft.): 35
Number of stories: 2
Setback from property line (ft.): 30
&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, pazagraph, 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.
~"Q
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
Updated: 7/2/2013 11:04 AM by Lynne Krauza Page 6
SUMMARY OF PROPOSED PLUM ISLAND ZONING
THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS
AFTERNOON'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. THE
TOWN BOARD WILL BE STRIKING THE PROPOSED AMENDMENTS TO
CHAPTER 280 WHICH SOUGHT TO ESTABLISH STANDARDS FOR CERTAIN
USES IN THE MARINE II DISTRICT FROM THIS LAW AND RENOTICING
THEM FOR A SEPARATE PUBLIC HEARING AFTER FURTHER
CONSIDERATION AND REVIEW BY THE CODE COMMITTEE.
AN EARLIER VERSION OF THIS LAW WAS THE SUBJECT OF A PUBLIC
HEARING ON MAY 7, 2013, THE RECORD OF WHICH REMAINED OPEN
UNTIL JUNE 18, 2013. THE TOWN BOARD HAS CONSIDERED ALL
COMMENTS SUBMITTED DURING THAT PROCESS AND HAS REVISED THE
LOCAL LAW ACCORDINGLY.
THE PROPOSED LOCAL LAW 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 (125 ACRES IN PIR AND 350 ACRES IN PIC), USES, LOT
COVERAGE, BUILDING HEIGHT, NUMBER OF STORIES, SETBACKS,
IMPERVIOUS SURFACE AND LANDSCAPE AREA.
THE PLUM ISLAND RESEARCH (PIR) DISTRICT CONTAINS THE
FOLLOWING:
1. PERMITTED USES (SUBJECT TO SITE PLAN APPROVAL BY THE
PLANNING BOARD) INCLUDE RESEARCH LABORATORIES,
EDUCATIONAL FACILITIES AND MUSEUMS.
2. SPECIAL EXCEPTION USES (THAT REQUIRE APPROVAL OF THE
ZONING BOARD OF APPEALS AND THE PLANNING BOARD)
INCLUDE SOLAR ENGERGY GENERATION.
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.
5. NO VEGETATION IN THIS DISTRICT SHALL BE REMOVED
UNLESS AN APPROVAL IS OBTAINED FROM THE PLANNING
BOARD.
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; 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 HAVE BEEN AND WILL REMAIN
AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE.
AT THIS TIME I MAKE A MOTION THAT THE PROPOSED AMENDMENTS TO
CHAPTER 280-4 AND 280-55 BE STRICKEN FROM THIS LOCAL LAW AND
THE HEARING PROCEED ON THE PROPOSED PLUM ISLAND ZONING
DISTRICTS.
I r
_ _
~~>n:: RECEIVED
AUG 1 3 2013
Connecticut Fund Save the Sound
for the Environment aouthold Town Clerk
August 13, 2013
Supervisor Scott Russell
and Members of the Southold Town Bt and
Southold Town Hall
53095 Main Road
Southold, NY 11971
Re: Local Law 2013, "A Local Law n Relation to the Marine (II) District and Plum Island
Zoning"
Dear Supervisor Russell and members ,f the Southold Town Board:
Save the Sound (STS) appreciates the e pportunity to comment on the revised zoning proposal for
Plum Island. As set forth in the statem ant of purpose, the "Plum Island Research District is
intended to encourage the use of the isl and for research and educational opportunities and
provide quality employment opportuni ies, and to preserve Plum Island's regionally significant
natural historic and scenic resources. 1 he 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 S< and wholeheartedly supports both of these goals and
commends the town of Southold for ta] ing this important proactive step to preserve Plum Island
for future generations.
I. Introduction
The proposed zoning has been made ne .:essary by the intended sale of Plum Island out of federal
government ownership pursuant to the 'onsolidated Security, Disaster Assistance and
Continuing Appropriations Act of 200` ("Appropriations Act").
Save the Sound strongly believes the n Est appropriate disposition of the island is the transfer the
island to another federal agency such a the US Fish and Wildlife Service, through which it
Connecticut Func for the Environment and Save the Sound
142 Temple Street, Suite 3 5 • New Haven. Connecticut 06510 • (203) 787-0646
www.c anv.org • wwwsavethesound.org
could be made a part of the National W ildlife Refuge Sys-em. In the alternative, we believe that
the General Services Administration should condition am future sale in a way that preserves
Plum Island's hundreds of acres of hob tats and'open`spae e. However, should those federal
options fall short, Southold's proposed zoning would pro side a safety net for the island's wildlife
and coastal systems, and it is a welcome and positive step towards ensuring Plum Island's natural
resources are protected for future generations.
II. Discussion
(1) As a preliminary matter, Save the Sound is pleased trot the minimum lot sizes for the
respective districts have been reduced to better reflect the suitability of the site for the proposed
uses while hopefully limiting the poten.ial for adverse en ~ironmental impacts to sensitive
ecological resources.
(2) Save the Sound is also pleased to note that the revised proposal establishes a prohibition on
the disturbance or removal of vegetation in the Plum Island Research ("PIR") District similar to
that in the Plum Lsland Conservation (`1'IC") District. W~~ believe that this is a significant
improvement. We note, however, that he reference to native "fauna" being overtaken by
invasive or noxious plants in each of the sections should he changed to native "flora" being so
overtaken, as indicated below.
Vegetation shall not be disturbed. Where noxious or invasive plants are overtaking
native [fauna] flora or where vegetation must be 3isturbed in conjunction with a
permitted use, an application m.ry be made to the Tanning 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 mvegetation plan (i any), using plant species listed in the
Southold Town Planning Board's tdative/Natural Buffer Plantings list of
recommended mxive plants;
2. an application fe ~ 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 Boarc shall hear appear. or shall designate a person or body to
hear appeals regarding a denial unuer this Section. Any person whose
application to remove vegetation is denied, may appeal within 30 days of a
denial.
Connecticut Fund for the Environment anc Save the Sound
142 Temple Street, Suite 3i ~5 • New Haven. Connec ticut 06510 • (203) 787-0646
www.ctanv. org • wwwsavethes ~und.org
(3) In our earlier comments on the pry posed zoning, we (1) expressed concern about the scale of
solar installation being allowed with re .pect to the percentage of lot coverage and (2) noted that
the proposal did not impose any specif .conditions on the siting of solar installations sufficient
to ensure protection of natural resource ;within the district and to minimize runoff. While we
recognize that other aspects of the tow code that would still apply to any proposed
development, including solar installati~ ns, and that any such proposal would be subject to
independent environmental review, we believe that it is worth repeating our recommendations
regarding the type of review and limit, ions that should be applied to solar energy installations.
As we noted in our comments on May 2013, these conditions should (1) include an express
requirement for an Environmental Imp pct Review, (2) establish a maximum allowable height, (3)
provide for wildlife passage, (4) requit that construction and operation is undertaken in a
manner that preserves existing natural eatures, minimizes soil disturbance and does not alter
runoff or drainage from the site, and ~ require a site restoration plan that describes how the
solar-use site will be restored to the sa 1e general condition that existed at the time of approval of
Che Special Exception should the solar nstallation cease operations.
Save The Sound hopes that these print pies will be adhered to as specific solar development
proposals are reviewed by the appropr tte town boards and state agencies.
III CONCLUSION
In conclusion, and notwithstanding the concerns expressed above, we support the proposed
zoning regulations for Plum Island, an we applaud the town of Southold for its vision and
commitment to taking the appropriate teps to ensure that Plum Island's rich cultural, historical
and environmental legacy will he pres. ~ ved for future generations.
Respectfully Submitted,
Charles J. Rothenberger
Connecticut Fund t the Environment and Save the Sound
142 Temple Street, Suite : ~5 • New Haven. Connecticut 06510 • (203J 787-0646
www.~ ~nv.org • wwwsavethesound.org
Public Hearing
RBC~1~ Law in relation to the Marine (II) District and Plum Island Zoning
Testimorry provided before:
Al)~ ~Tlie orable Scott Russell, Town Supervisor, and Members of the Southold Town Board
Southold Town Hall
Southold Town Clerk 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. I'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 head of its Bureau of Environmental
Management for 6 years. I undertook freshwater wetland
protection at the New York State DEC in the mid-80s 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
Louise Harrison Plum Island Proposed Zoning comments
2
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've been involved in countless open space preservation
efforts and have served in appointed and volunteer positions
on federal, state, and town environmental committees. For
9 years I was a commissioner of 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. 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 are doing the right thing.
Plum Island not only is regionallx significant, as you stated in
the proposed code, but it is globallx significant to some
wildlife species, such as the roseate tern. That makes the
island in its most natural state possible irrep/aceab/e.
Louise Harrison Plum Island Proposed Zoning comments
3
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 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.
We 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
hazard areas 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
Louise Harrison Plum Island Proposed Zoning comments
4
approval by the Planning Board. 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 is sold by the federal
government and require implementation of the new
zoning districts-we can hope solar energy generation
would require less land area and can be confined
geographically to the Plum Island Research District.
Thank you for the opportunity to speak to you tonight.
<<ECEIVED
COVINGTON & BURLING LLP AUG13 2013
Town Attorney's Office
1201 PENNSYLVANIA AVENUE NW BEUwG
WASNINGTO N, pC 20004-2401 eaV55EL5 EUGENE D. GULLAND
TEL 202.662.6000 LONGON
NEw YGaK TEL 202.BBT.6609
FAX 202.862.6291 9Arv DIEGO FqX 202.]]0.6504
N/WW.COV.COM SAN FagrvgficO EGVLLAND ®COV.COM
SILICON VALLEY
August 12, 2013
Martin D. Finnegan, Esq.
Town Attorney, Town of Southold
Town Hall Annex AUG 13 2013
54375 Route 25
P.O. Box 1179 Town Attorney's Office
Southold, Nl' 11971
Re: Proposed New Regulation of Water Carriers.
Dear Mr. Finnegan:
Cross-Sound Ferry Services, Inc., has asked me to offer brief comments
from the standpoint of interstate commerce law on the proposed new provisions
of the Town of Southold ordinances that would be codified as Section 280-55. I
have served as Cross-Sound's commerce counsel in many proceedings over
more than 30 years and I am very familiar with its operations. The proposed
provisions would seriously interfere with Cross-Sound's interstate
transportation operations and thereby violate federal law.
Cross-Sound is the latest operator of an interstate water carrier service
that has existed for more than two centuries. You are probably aware that the
Interstate Commerce Commission declared in 1975 that Cross-Sound's year-
round operations between 1Vew London and Orient Point are "required by the
public convenience and necessity." Moreover, the U.S. Department of
Transportation has designated Cross-Sound's operations as an integral part of
the Federal Highway System. The Federal Government and States of New York
and Connecticut have each supported Cross-Sound's operations through large
financial grants. This public support followed the issuance In 1975 of the Tri-
State Regional Planning Commission's study, Crossing the Sound: A Study of
Improved Ferry Service on Long Island Sound, and the Long Island Sound Ferry
Service Improvement Study in 1981. Both studies recognized that Cross-
Sound's service is a critical link in the interstate transportation of passengers,
vehicles and freight, and strongly endorsed public policies favoring Cross-
Sound's operations as a substitute for bridges and highway travel. During the
last 30 years, the Federal Government, New York State, and Connecticut have
COVINGTON Sc BURLING LLP
Martin D. Finnegan, Esq. --Page 2
all supported and encouraged Cross-Sound's operations, and Cross-Sound has
made heavy investments in vessels and terminal facilities in reliance on the
laws and public policies under which it is authorized-and required-to provide
interstate transportation service. (Please let me know if you would like copies
of the studies and other related materials.)
Cross-Sound has never taken the position that it may not be subjected to
any land use regulation by the communities that are directly affected by its
facilities and operations. But local regulations must be reasonable, and
sensitive to the fact that Cross-Sound is a critical link in the interstate
transportation system. It is a fundamental principle of federal law that local
communities may not adopt measures that have the purpose or effect of
impeding the free flow of interstate commerce. The proposed new restrictions
would have such an effect, and there are strong grounds for inferring that they
are animated by an improper purpose to restrict and regulate interstate
commerce.
The new proposed regulations of terminal facilities are unreasonable on
their face. They would require facilities that are much greater in scale than are
needed to accommodate Cross-Sound's operations. Though we have nat had a
chance. to conduct a systematic study of the matter, we believe that the
facilities required under the proposed new regulations are much greater in
scale than the facilities operated by other ferry companies, including those that
carry more traffic than Cross-Sound. Even if the new regulations would not be
enforced so as to curtail Cross-Sound's operations, the would operate as a
straightjacket to prevent Cross-Sound from adapting its facilities to changes in
circumstances, technology and demand for service.
Cross-Sound knows well that some residents of the Town of Southold
and other communities on Long Island and in Connecticut may suffer
inconvenience and annoyance because they live near an important interstate
traffic route. Cross-Sound has always tried to accommodate Southold and
other communities in ways that can reduce those impacts without impairing its
ability to provide a vital public service. Cross-Sound will continue to do so.
But both the law and Cross-Sound's financial viability require that it continue
to provide interstate transportation service and resist efforts to restrict and
impair that service.
Sin ely o rs,
E~gen D. Gulland
;
~,s
~ GR, ~U P
t i r.
1z.'_ ~ FCIR THE f~.AS~I- INL)
~ ~
a
a
~ < t~ ~
~ August 13, 2013 AUG 1 3 2013
" Supervisor Scott Russell
- and Members of the Town Board ',oui`z,.s„ pz,,:
Town Hall
'F ® 53095 Route 25
P.O. BOX 1179
Southold, NY 11971
RE: Resolution Numbers 2013-521 & 522
"A Local Law in Relation to Marine (II) District and Plum Island Zoning'
~
_ Dear Supervisor Russell and Members of the Town Board:
p
I write on behalf of Group for the East End to address the proposed zoning
5 ~ , amendments associated with the proposed sale of Plum Island by the federal
~~t~~.~
. ~a government.
" P P
For the record, Grou for the East End re resents the conservation and
ear ~ i
ti z ~ community planning interests of several thousand member household,
~ ~~u individuals, and civic or anizations across eastern Lon Island, includin
p
t g g g
r: several hundred in Southold Town.
~ ~ .
~ ~ s~ ass,;.
~ The Group is also a founding member of the sixty-plus member Preserve
~ ~
° ~ , a s Plum Island Coalition and lends support to the comments that they will
'~`v ~ ~ submit.
~a.
' ',a As the Board may know, Group for the East End has been directly involved in
z~v~~~, the security and conservation site assessment of Plum Island since 2003.
During this time, the facility was the subject of safety and security
_ ~ assessment by the General Accountability Office. As a result, the Group lent
its support for the investment of millions of federal dollars for safety and
R security improvements that have been used to upgrade the facility to its
present standards.
Over the course of the last decade, the Group has also developed a significant
understanding of the island's rich natural and cultural resources and the
value of these resources to the conservation and management goals of both
the Peconic and Long Island Sound estuaries.
We believe the future protection of these publically held resources is
s
consistent with nearly every living resource recommendation developed
h\ q0 y'
aVyx ~e
e A\'
~X;
over the last two decades for this region and we believe that every available
effort should be made to protect these resources for the future benefit of our
region.
We also recognize the significant economic value that Plum Island provides
interms ofgood-paying local jobs and we support efforts to retain the
developed research portion of the island for research education or other
related institutional purposes.
Despite the significant level of investment that has been made in upgrading
Plum Island's research facility, we recognize that the federal government to
this point remains intent on selling the island to a private buyer for the
purpose of obtaining as much money as possible to offset the cost of a new
plant and food safety lab elsewhere in the country.
a. While we object in the strongest terms to this effort and have been
working with our federal representatives to stop the proposed sale,
the island remains marked for private sale and in its current
condition, it lacks any specific zoning to contain the potentially
devastating impacts of expanded land use all across the island.
b. With this in mind, we are extremely grateful to the Town of Southold
for taking the proactive step of establishing a new zoning category for
Plum Island that would provide substantial mandatory protections for
the island's most fragile and currently undeveloped resources, while
simultaneously protecting the institutional research use that currently
occupies approximately 20% of the island.
c. Short of full preservation, a goal which we also support (if the lab is
eventually closed), the adoption of these new zoning amendments will
serve as the greatest possible protection of the island's vast array of
cultural and natural resources, and significantly reduce the potential
sale of the island to a buyer that is predisposed to maximize site
development at the cost of its unique resources.
d. We are particularly supportive of those provisions of the Plum Island
Research District, which support the use of the site's existing research
area but limit the use of any materials that could result in the release
of any hazardous or offensive materials including any kind of
explosives, fumes, gasses or any materials that may cause harm to the
island's limited groundwater resources.
e. We further support the allowance of educational facilities or museums
which would be consistent with the site conditions, minimal in impact,
and generally provide further protection of the site's diverse cultural
and natural resources.
_ ~y;
~ ~~y~K= `
~ ~ f. In terms of additional recommendations we would ask the Board to
consider the recommendations of the Preserve Plum Island coalition
that would incorporate the existing wooded areas along the
° undeveloped northwest coast of the island (running from the western
edge of the existing lab to the southwestern edge of the undeveloped
areas around the Plum Island lighthouse.)
g. Because this area has high visibility from the water, remains largely in
_ its natural state and contains the Plum Island Lighthouse, we believe
it would be best included in the Plum Island Conservation District
boundaries.
In closing, we want to express our deep appreciation for the Town's
leadership on this proposed zoning amendment, which could prove to be the
- - single most effective tool in protecting a majority of the island from
overdevelopment while retaining the existing research infrastructure that
could be.
Thank you for your attention to our concerns as well as all those who have
spoken and will speak for the protection of Plum Island. There may never be
' another opportunity to establish such protective zoning again in the town
and we greatly appreciate the effort to do so before rather than after this
' ~ property moves into private hands.
x~ ~
We remain available to assist the town however we can to protect the
integrity of all Plum Island's natural, cultural and economic value to the
Town of Southold and the regional environment.
Sin`c/~~,r,~el/y,
Aaron V rgin
Vice President
s. ,
My name is Claire O'Kane, I am from Orient, I'm a student intern at the Group for the East End, and I will be
reading a statement on behalf of The Preserve Plum Island Coalition.
"The Preserve Plum Island Coalition (PPIC) is a consortium of neazly sixty conservation-minded individuals
and conservation, environmental, civic, and business groups that support preserving the significant natural,
historical, ecological, and scenic values of the 843-acre federally-owned Plum Island. 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 and we are very pleased by the recent introduction of
legislation by Congressman Tim Bishop and Senator Richazd Blumenthal to stop the sale of the Island.
As the PPIC provided in its more extensive statement during the Town's May hearing on the Plum Island zoning
proposal, the Coalition strongly supports the initiative 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 aze appropriate and important steps to address land use issues relating to Plum Island and
the existing docking facility at Orient. We especially appreciate the Town's recognition of the nationally
significant natural, cultural, and historic resources found on Plum Island and its advancement of the proposed
PIC District which will help ensure their long-term preservation. We further appreciate the Town not
considering any of the more well-known zoning categories that would permit residential, commercial, or
industrial uses of the Island.
We appreciate and applaud the Town of Southold's strong and unequivocal action regarding Plum Island and we
hope the zoning proposal is enacted into law."
Thank you
Ri~C~iVdD
AUG 1 3 2013
aouthold Town Cler~;~