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LL 2013 #06
f STATE OFNEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE September 6, 2013 Lynda M Rudder RECEIVED Deputy Town Clerk Town Hall, 53095 Main Road SEP 1 2 2013 PO Box 1179 Southold NY 11971 Southold Town Clerk RE: Town of Southold, Local Law 6 & 7 2013, filed on September 6, 2013 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 474-2755 www.DOS.NY.GOV E-MAIL: INFO@DOS.NY.GOV SOUTHOLD TOWN BOARD PUBLIC HEARING August 13, 2013 4:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Councilman James Dinzio, Jr. tsr Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 4:53 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2"d day of July, 2013, a Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at 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 (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: 1. 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 11 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 Plum Island Zoning Public Hearing page 2 August 13, 2013 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 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 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 Board 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 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 ferry terminal shall have a staging area for motor vehicles that enter an auto/vehicle ferry. The size of the staging area must accommodate the maximum number of cars queuing for the largest boat(s) and the busiest proposed schedule (a ferry service with no auto/vehicle ferry will not require a staging area). (c) A ferry terminal shall have a parking area for passengers (provide one parking space per two passengers) calculated in the following manner: (i) Parking for passenger ferry(s) will be calculated by multiplying the capacity of the passenger ferry(s) by the maximum number of ferry trips per day, divided by two. (ii) Parking for auto/vehicle ferry(s) will be calculated by multiplying the Passenger capacity of the auto/vehicle ferry(s) by 10%, the Plum Island Zoning Public Hearing page 3 August 13, 2013 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) 4280-182. Purpose. The pumose 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. 4280-183. Use regulations. In the PIR District no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Research laboratories with multiple buildings allowed in a campus-style development, subject to the following conditions: (a) The use shall not involve the handling, storage or discharge of explosives. (b) No offensive noises gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact 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 landmark. 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 d permitted as a special exception by the Board of Appeals as hereinafter provided an subject to site plan approval by the Planning Board: (1) Solar energy generation in excess of that needed to provide power to permitted uses Plum Island Zoning Public Hearing page 4 August 13, 2013 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 4280-182(B) limited to roads, sewer system, water storage and water felines and utility lines; (5) The existing harbor and fenw facility for transportation by boat to and from the Island. 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 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 Board'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 advising he applicant of the right to appeal; and 4. The Town Board shall hear appeals or shall designate a person or body to he appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may gpocal within 30 days of a denial. 4280-184. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Research District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Plum Island Zoning Public Hearing page 5 August 13, 2013 Minimum Lot Size: 125 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 20% of buildable land except that solar energy 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 (ft.): 30 Landscape area: 30% 4280-185. 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) 4280-186. Purpose. The pumose 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. 6280-187. Use regulations. In the Plum Island Conservation District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Nature preserve (2) Public park (3) Educational facility related to the study of natural resources conservation. All sewage will be treated by a sewage treatment plant or similar sewage treatment. (4) Museums, housed in existing designated historic landmark. All sewage will be treated by a sewage treatment plant or similar sewage treatment. Plum Island Zoning Public Hearing page 6 August 13, 2013 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 Board: 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 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 are overtaking native fauna or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: 1 a plan indicating the types of vegetation present the vegetation to be removed and a revegetation plan (if any)using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants; 2. an application fee of $100; 3 The Planning Board shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4 The Town Board shall hear appeals or shall designate a person or body to hear ap en als regarding a denial under this Section. Any person whose application to remove vegetation is denied may ameal 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 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 tit the end ojlhis chapter and the Parking and Loading Schedules are in ~ 280-78 and _80-79. Plum Island Zoning Public Hearing page 7 August 13, 2013 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. 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 4280-189. 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. COUNCILMAN TALBOT: 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 will move that recommendation to strike 280-4 and 280-55. JUSTICE EVANS: Second. COUNCILMAN TALBOT: Okay, I have a notice that it was posted on the Town Clerk's bulletin board on July 19, 2013, that it was posted in the Suffolk Times on August 1, 2013. 1 have a notice from the Planning Board chairman, Donald Wilcenski, `After considering input from the previous public hearing, the Planning Board has revised the Planning study for Plum Plum Island Zoning Public Hearing page 8 August 13, 2013 Island. Please replace the original with this version date July 15, 2013. Thank you' And this is just a copy in relation to the study. Number 5, from the LWRP coordinator Mark Tterry, the proposed local law has been reviewed to chapter 268, Waterfront Consistency Review of the Town of Southold town code and the 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.' I have a letter from the Suffolk County Planning Commission, Sara Lansdale and Andrew Freleng, `The staff has examined the proposed action titled entitled "A local law in relation to the Marine 11 District and Plum Island Zoning bearing the stamped date of July 19, 2013. Comparing this action with the one that was previously referred to 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.' And I have a couple of written comments, one is from the Nature Conservancy and I will keep that as part of the record and the second was from the Cross Sound Ferry. The correspondence from the Cross Sound Ferry was more in relation to the Marine II district which we have taken off of tonight's public hearing, so we will keep it in the file. And that is it. SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board on this local law to please feel free to come forward. I would just remind you to state your name and hamlet for the record. CHARLES CUDDY: Charles Cuddy, I have an office at 445 Griffing Avenue, Riverhead New York. I represent Cross Sound Ferry services and I appreciate what the Board has just done but I think you would like to know, have some idea, of why we objected to the law which really applied to all ferry services, including Fishers Island as well as Cross Sound. And I have with me today Richard McMurray who is the general manager of Cross Sound, Stan Meekus who is the director of Public Relations and David Kapell, who is their Long Island liaison. I think that you should be aware that the law as drawn, is a sweeping law and what it does is it essentially would have a ferry such as Cross Sound, increase its land mass by 6 times. It would increase the parking area by enormous number of acres, probably 4 times more than is needed. It would also put all of the ferry services, Fishers Island, the Plum Island if it comes into being and Cross Sound as non-conforming lots and probably non-conforming uses. I think it was an error, I think it was done probably hastily and I would hope that the Board would take a look again, as you have promised to do, at this zoning and perhaps even include Cross Sound in that so that we might make some recommendations. I think you have heard from our ICC counsel in Washington DC, what effect it would have on Inter-state Commerce. And I believe that it is appropriate that the Board take a further look and I point out to you one other thing, you now have regulations that call for special exceptions for the ferry service and site planning for the ferry service. So it is not that the ferry service is not regulated. And again, thank you for your efforts. BOB HANLON: My name is Bob Hanlon, I am a resident of Orient and I am on the Board of the Orient Association and I am here speaking on behalf of the Board. As the Orient Association Plum Island Zoning Public Hearing page 9 August 13, 2013 has indicated in previous discussions, both in hearings before the council but also in the GSA hearings, there was a great deal of concern about the future of Plum Island. And in the GSA hearings we were very distressed to hear some of the plans that were discussed and we were very heartened to hear the position that the town had taken about the way it was going to go about zoning or planned to go about zoning to try and ensure that Plum Island is treated in a way that does serve the town and the community at large in an appropriate fashion. As OA has indicated in previous occasions, after reviewing the proposed zoning changes, we believe that the zoning proposals that are put forward are in keeping with the best interests of the town, of the people of Orient and of the broader community as well. And we thank the council for its efforts in this regard and we urge approval of the plan as generally been put forward. One of the things that we do have a great concern about in Orient, obviously, is the ferry and I was a little surprised just now to hear that the ferry proposal has been taken off obviously we welcome any discussion that has to be had to try and understand what the best approach to addressing the ferry service is. My next comments are my own because the OA has not discussed this aspect yet. I am taking the ferry on Thursday and I appreciate the role that the ferry plays and I think that it is a very useful tool for many of us, both individually and commercially in the way it can access to New England. There is a concern that I have and I think many of the residents of Orient have about the ferry and about managing the ferry in a responsible fashion in a fashion that is responsible to everyone in the community. I live on Main Road, every single car that leaves the ferry goes past my house. And the only thing that I questioned when I was buying my house three years ago, was the ferry service. Would that become a burden, would it become annoying that I couldn't live with it? I can live with it and I do at times feel frustration about the amount of traffic but when we come to a situation, we deal with the things that are there. The ferry service has to move cars on the only road that goes through Orient. There is only one road. And every car has to go past my house, that's okay. Just like it is okay to listen to the bird guns and smell the fertilizer occasionally from the great farms that are across the road from me. I was especially troubled and I know OA was troubled to listen to GSA suggest that putting in hundreds of units on Plum Island would not have any significant impact on the communities around it and we thought that was a ridiculous approach. The fact that they said that there would be no significant traffic factors that would negatively impact the communities. Any significant change upward of the traffic on Main Road is a burden on the community. It would create a great deal of difficultly, more difficulty for the people who live in that community. There is a competing now for access to the roads for farmers, the residents and ferry traffic. Especially in season and the proposal as we understood it, that was put forth, would exercise a good deal of control and regulation over any expansion of ferry service. I am not suggesting that there can be no change in the way ferries are used but any material enlargement of ferry service or any material increase in traffic would dramatically affect the quality of life in Orient, in East Marion and I believe in all of Southold town. We are striking a balance between residents and commerce and agriculture and I think the Town Board works very hard to maintain and be aware of all the factors that go into it and I think we are striking a pretty good balance overall. Anything that disrupts that balance, such as a dramatic increase in ferry traffic would be negative and detrimental and we hope that the proposals that are put forth again when you come back to the ferry, marine use that affects the ferries, will bear that in mind and will reflect ways to exercise a level of management and control that there will not be a material increase in ferry service in the near future. Thank you. Plum Island Zoning Public Hearing page 10 August 13, 2013 SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? AARON VIRGIN: Good evening, I am AaronVirgin, vice president of the Group for the East End and we have our main office here in the hamlet of Southold and our geographic use is the five east end towns. Just for the record, the Group for the East End, we represent conservation and community planning interests for several thousand member household, individuals and civic organizations across eastern Long Island, including several hundred in Southold Town. And before I get into my Plum Island remarks, 1 just want to commend you all for the difficult vote, there were a number of hearings on dogs on the public beaches, town beaches and as many of you know, Group for the East End has a two year contract and a partnership with North Fork Audubon Society to do the beach dependent bird species program. This will greatly help, if law enforcement on the town's part and if the dog owners abide by the new law, it will greatly help piping plovers and least terns because this is the core part of the season and oftentimes unleashed dogs will impede on the breeding and I think a report that we do in a year or two will show, will reflect survivorship and productivity of these birds will increase, so thank you again. The Group is a founding member of Preserve Plum Island coalition and we lend our support to the comments they will submit orally this evening and then in writing but briefly, our comments are the same as they were in May. Short of full preservation of the island, that is if it were to be transferred to the federal US Fish and Wildlife service as the Plum Island National Wildlife refuge, short of that I should say we support the adoption of the amendments including the M II which we do feel that it is prudent to pause and understand that you want to reevaluate the M II amendments, however it should not come at the price of pushing forward the conservation and research districts. We really support those, to have 80 percent of the land as depicted on the map conserved and 20 percent to remain in research capacity is a great balance in our opinion. So the one thing in mentioned in May, I will mention again is roughly 21 acres in the northwestern area, we would like to have taken out of the research district and put into the conservation district for several reasons. It is highly visible from the water for boaters, so to have structures built right up to the shoreline would be problematic from aesthetic view, but also if you visit the island, there is a lot of erosion that has taken place over the years. There has been roughly between roughly four and eight acres has eroded in the past, there is a bunch of rip rap right along the lighthouse and so to allow increased construction there would be problematic. And on a lighter note, as you may recall in the Suffolk Times last week, they broke a story about the 1879 discovery of a wooly mammoth and this was actually discovered in that area and therefore before future work can be done and also noted in the final environmental impact statement, the GSA say that no further research has been done, they just basically put it as a footnote. They pulled it from one source in a historical journal from the 1950's and so we think it would be prudent to consider that as part of the conservation district, again, so more research can be conducted. So in closing, the group commends the town for its leadership and its courage regarding these proposed zoning amendments, for considering our concerns and any way the group can be of assistance, please let us know. Thank you. CLAIRE O'KANE: My name is Claire O'Kane, I am from Orient and I am 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 nearly 60 conservation minded individuals and conservation, environmental, civic and business groups that Plum Island Zoning Public Hearing page I I August 13, 2013 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 Richard 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 are 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. TOWN CLERK NEVILLE: Excuse me, may we have the statements from the Group from the East End. ELLEN MCNEELY: My name is Ellen McNeely and I am a resident of Orient and a member of the Orient Association as well but I am speaking basically out of my own piqued interest in this whole subject. But particularly as a native of Massachusetts and growing up on Cape Cod and during all of these conversations about the research district and the conservation district it seemed to me that the zoning thereof which is a wonderful thing that the town has undertaken and I think it has just been planned beautifully frankly, it seems to me based on my own history that the research district can support something very much like the Plum Island Institute for Coastal Environmental studies easily enough. In the course of which we could gain educational support from institutions both in New York but further, like Woods Hole Oceanographic which I am familiar with which is an international organization and like the (inaudible) House Center for coastal studies basically deals with the gulf of Maine, the Stillwiggin bank and the Massachusetts Bay, why couldn't the coastal study aspect of this also include Connecticut and Rhode Island? And thereby gaining additional support from the political people for Tim Bishops proposal which I fully support and further bring in educational institutions such as Brown, Yale, university of Connecticut and all of the universities and colleges in New York state which also could be very much involved in such an institute for research center there and together these things in fact might support the zoning that you are talking about, that you are proposing and hope to pass as well as gain support from larger areas and political clout that could aid and abet Congressman Bishops efforts to support what we are doing here. That is just a thought on my part being a former Cape Cod'er etc. so hopefully it might bear some fruit. COUNCILMAN TALBOT: Thanks. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? Plum Island Zoning Public Hearing page 12 August 13, 2013 CHARLES ROTHENBERGER: Good afternoon. For the record, my name is Charles Rothenberger, I am an attorney for Save the Sound an environmental advocacy organization that operates in both Connecticut and New York, the two states that have primary stewardship responsibilities for Long Island Sound. Asa preliminary matter, I would just like to note that we are pleased to see the reduction in the minimum lot sizes for the respective districts. We think that better reflects the suitability of the sites for the proposed uses, while potentially limiting the potential for adverse environmental impacts of the sensitive ecological resources on the Island. We are also pleased to note that the revised proposal establishes a prohibition on the disturbance or removal of vegetation in the PIR district, something that we had recommended at the original hearing on May 7. We think that this is a significant improvement but we would note that the reference to native fauna in that section probably is meant to refer to native flora being overtaken by invasive species and the like and we had suggested some language fixes there. In our earlier comments on the proposed zoning, we did express concern about the scale of the solar installations being allowed with respect to the percentage of lot coverage. I noted that the proposal didn't impose any specific conditions on the siting of solar installations that would be sufficient to insure protection of the natural resources. While we recognize that other aspects of the town code would still apply to any proposed development, including solar installations and that any such proposal would be subject to independent environmental review, we believe that it is worth re-noting the recommendations that we made regarding the type of review and the limitations that should be applied to solar energy installations. I won't go through them all here but they are reflected in my written testimony and we would hope that these principles would be adhered to as specific solar development proposals are reviewed by the appropriate town boards and state agencies moving forward. One item that I would like to make note of that is not unfortunately in my written testimony relates to article 32 and the permitted uses within the Plum Island Conservation district, the second permitted use simply notes public park and we think that it would be appropriate and prudent and probably reflect the intention of the board to make a specific note that that would be limited to passive recreational opportunities, we don't think that allowing for active recreations such as ball fields or other items that might fall within that category would be appropriate for this site and could cause great disturbance to the wildlife there. but in conclusion and not withstanding those concerns, we do support the proposed the zoning for Plum Island, we applaud you in your efforts and the town for its vision and its commitment for taking the appropriate steps to ensure that Plum Island will be preserved for future generations. So, thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? LOUISE HARRISON: Good afternoon, Supervisor Russell and members of the Town Board. My name is Louise Harrison, I live in Peconic. I am a conservation biologist and I introduced myself to you at the earlier hearing on this Plum Island zoning. I would like to reintroduce to you my entire testimony from that public hearing but I will not do that orally, I will hand that in because I feel it still applies and I am not sure if you are still entertaining earlier testimony in this public hearing. In particular, I definitely would still like to see the Plum Island Research district redrawn to avoid including flood hazard areas as well as the freshwater wetlands, state regulated PL 1 and PL 2. I understand that this version of the zoning legislation does address wetlands but I think that it is much better to not have to rely on the uncertainties that come with permitting and the negotiations over setbacks at the time that people apply for permits when we can all Plum Island Zoning Public Hearing page 13 August 13, 2013 agree upfront that the islands resources need the best possible protection and now is the time to do it. there are wetlands that are still included in the Plum Island Research district and all you need to do is move the line around them and include them in the conservation district and that takes them off the table for future negotiations on wetland permits. It seems like the prudent time to do that. I am also concerned about a change in your new version of the legislation as Charles just mentioned, the public park reference under the conservation district now does not include the words for passive recreation. That seems to have been omitted since last time and I think that it opens up too many possibilities, there are plenty of park type activities that can be very damaging to the natural environment and I don't think that you want them even proposed in the conservation district where you would have to argue and fight to protect the resources that you can protect now through your zoning legislation. You only need to add in back the words for passive recreation now and then you don't have to fight the fight later. I would hate to see something on the scale of a world class golf course for instance, proposed for the conservation district with perhaps a very wealthy investor stating that they can make a golf course that is compatible with wildlife. Do you really want to be fighting that fight? Because it would be a very difficult one. And whereas normal, everyday golfing activities possibly might not disturb some of the species that would be using the conservation district, you couldn't say the same thing if it did indeed become a world class golf course, attracting hordes of people for grand tournaments. Then you have a much different situation. Now is the time to do the best planning for Plum Island and I know your intentions are good, which is why I and my colleagues have come out to support your zoning proposal and I really think it is a great thing that the Town of Southold is taking a leadership position and preserving one of its most precious resources. I am just asking you to make a few tweaks to do a better job on it. Now I have a comment that is not instantly germane to this hearing but it is germane to the sale of Plum Island which I think is what spurred on your zoning proposal. I would like to encourage the Town of Southold to use all of the powers of its Local Waterfront Revitalization Program to deny the federal government the opportunity to sell Plum Island. You have it in your powers through Department of State's conferral of approval on your Local Waterfront Revitalization program, you now have the same powers as the New York State Department of State has under the Department of Commerce's rules to say no to this federal action. So I really implore you to explore that possibility. It is actually a very good probability. Have your legal experts confer with the Department of State's law office and learn from the examples where the Department of State was able to help New York be able to say no to federal actions of sale of federal lands. You can do this, so you have a very powerful tool at your hands. I really hope you will explore it and use it. now I am going to submit my comments from the earlier hearing to you and unfortunately, they are slightly soiled, so I hope you will excuse the little bit of coffee stain on them from carrying them around for so long. Thank you very much for the opportunity to speak to you tonight. I am a conservation biologist, I served the Long Island community for over 30 years through county, state and federal positions as well as non-profit groups and in my private consulting firm, conservation and natural areas planning. I now represent community groups and non-profits, all in the name of protecting the environment and I would like to make myself available at your service for any future work on this. Thank you. COUNCILMAN TALBOT: I have a comment on a couple of the things that you said. MS. HARRISON: Yes. Plum Island Zoning Public Hearing page 14 August 13, 2013 COUNCILMAN TALBOT: Existing zoning that we have across the rest of the town still comes into play with no matter what happens over there on Plum Island, so either wetland setbacks, stuff that is in the flood plain you know, are going to have to meet those regulations as well, as well as the new zoning that is going to take place over there. when you talk about negotiations on the setbacks through the permitting process, you can probably talk to anybody that has gone through the permitting process and they will tell you it is not a negotiation, they get told what they have got to do and what the setbacks are. You are the second one that has mentioned passive recreation and to me that pains me to hear passive recreation because we have one particular piece that's kind of getting complained about on and on, when the Cub Scouts run through a park in Laurel and because it is deemed passive recreation, so when you can't even have kids running around due to passive recreation conditions it is just a little painful to me. And then regarding golf, I think most people that play football or rugby and stuff like that would call golf passive. So, it is just more of a joke but..... MS. HARRISON: May I respond to you, Councilman Talbot? COUNCILMAN TALBOT: Sure, sure. MS. HARRISON: I think the complaints about your park in Laurel are unfounded and I do think there is a widely, well understood use of the word passive recreation and of course, we do want children to go into parks to explore nature and if they happen to be running at the time, I don't think anybody should complain about that, so I agree with you on that. But that does not take away my concern about omission of the words passive recreation from this legislation. I still hold to that and yes, golf does seem like a rather sedentary sport compared with others but when you talk about the attractiveness of golf tournaments to thousands of people that like to come and be spectators and the circus that can ensue, that is the question I have about bringing that kind of activity to an island, particularly if it is owned and operated and designed by people that could afford to buy this island or part of it for such a thing. They are very likely going to want to have that type of attention brought to that resource. So I really think there is no reason whatsoever, it is a glaring change to me, that you took the words passive recreation out. It popped right out at me. And I do consider that to be significant, so I do take issue with the earlier, at the statement at the beginning of this hearing that you did not have to re-open a SEQRA review of this because there were no significant changes to the legislation. I disagree with that. I am not suggesting you re-open a SEQRA review but I am suggesting that you made a significant change and it really ought to be reconsidered. COUNCILMAN TALBOT: Regarding the golf, joking, we did have the conversation about somebody buying it and I don't think it would fit with the zoning that is being proposed. And if it is not referenced in the code then it is not an allowed use, so I don't think a golf course would be allowed in this. MS. HARRISON: I don't even know the answer to that and that is something you would know and I have not been part of any such negotiations obviously but I do believe there is a long and well understood use of the words passive recreation and I personally would like to see them put back in this legislation and I object to the fact that they were omitted. So anyway, I am going to Plum Island Zoning Public Hearing page 15 August 13, 2013 hand in my earlier testimony and thank you for the chance to have a dialogue with you. I appreciate that. SUPERVISOR RUSSELL: Please state your name and the hamlet you are from. ALBERT KRUPSKI, SUFFOLK COUNTY LEGISLATOR: Al Krupski, Cutchogue. I just want to thank the Town Board. I worked on this with many of you over the years since Congress decided to sell the island. I admire your persistence going through the process. I wanted to thank Heather Lanza who just left here, for her good work on designing the zoning. The big question I think, are dogs going to be allowed on the beach here? SUPERVISOR RUSSELL: Passive ones. LEGISLATOR KRUPSKI: Passive, non-golfing ones. SUPERVISOR RUSSELL: I just want to mention that as a small boy, Bill Ruland had his wooly mammoth run away, I think we know where it ended up now. LEGISLATOR KRUPSKI: I am done. Thank you. But this really shows what Southold Town is like, to take control of its destiny here, send a message back to Congress who is totally out of touch with what is important to Southold and it really sends a good, strong home rule message. You know as a county representative, I have worked with county planning having discussions about this, they understand that this is the way to go for Southold Town and please go forward with this. I know there is a lot of details here, I would just ask you to vote on this in two weeks and not let it go any further because this is something that should be done, it is attracting a lot of attention, a lot of it that would go away once the zoning is in place. Thank you for your work. SUPERVISOR RUSSELL: Thank you, Albert. COUNCILWOMAN DOHERTY: I want to thank you for initiating this. LEGISLATOR KRUPSKI: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? (No response) This hearing was closed at 5:32 PM Elizabeth A. Neville Southold Town Clerk Steven Bellone SUffOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division Deputy County Executive and Commissioner i Planning and Environment August 12, 2013 Town of Southold RECEIVED 53095 Main Road P.O. Box 1179 AUG 1 6 2D13 Southold, NY 11971 Attn: Elizabeth A. Neville, Town Clerk Southold Town Clerk Applicant: Town of Southold Zoning Action: Adopted Resolution 2013-521 A Local Law in relation to the Marine (11) District and Plum Island Zoning S.C.P.D. Resolution No.: ZSR-13-13 Dear Ms. Neville: The staff has examined the proposed action entitled, "A Local Law in relation to the Marine (11) District and Plum Island Zoning" bearing the stamped date of July 19, 2013. Comparing this action with the one that was previously referred to 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 o tanning i Andrew P. Freleng Chief Planner APF:cd LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th FI ¦ P.O. BOX 6100 ¦ HAUPPAUGE, NY 11788-0099 ¦ (631) 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 (II) 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 All 4-16 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%20and20lnformation. aspx#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 «i:E1VED COVINGTON & BURLING LLP AUG13 2013 Town Attorney's Office 1201 PENNSYLVANIA AVENUE NW 06111.0 WASHINGTON, DC 20004,2401 RRV996L9 EUGENE O. GULLANO TEL 202.662.6000 NONOON TEL 202.882.8604 FAX 202.862,8291 tW VpRI< 9AN OIEaU FAX 202.7795504 WWW. cOV.com SAN F9gNC~pco EGULLANO W COV.COIV NLIC()N VA, F'V August 12, 2013 Martin D. Finnegan, Esq. Town Attorney, Town of Southold Town Hall Annex 54375 Route 25 AUG 1 3 EU13 P.O. Box 1179 Southold, NY 11971 Town Attorney's Office Re: Proposed Neiv 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 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 & 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/ elyrs, EIen D. CuIIand RECEIVED Neville, Elizabeth A116 1 a 2013 From: Tomaszewski, Michelle Sent: Monday, August 19, 2013 8:10 AM wuthold Town Clerk To: Neville, Elizabeth Cc: Ruland, William; Jill DOHERTY; Louisa Evans; Christopher M. Talbot - Forward; Dinizio, James; Finnegan, Martin; Cooper, Linda Subject: Plum Island Comments Good Morning, The following was received by email to Supervisor Russell regarding Plum Island for your file. Thank you, a" Michelle L. Tomaszewsld Secretarial Assistant Southold Town Supervisor's Office Phone: 765-1889 Fax: 765-1823 From: Ellen McNeilly [mailto:ejmcneilly(5)earthlink net] Sent: Sunday, August 18, 2013 11:24 To: Russell, Scott Subject: Fwd: Plum Island as a site for NOAA Dear Supervisor Russell, Thank you for your continued efforts to keep Plum Island as a research site and conservation area by the zoning you and the Town Board are implementing. It is a critical effort for the local economy and our environment, and your and the Board's work is deeply appreciated. You may recall a suggestion I made at the meeting last Tuesday, referenced below. Today, a variation struck me, which I think may have more viability in terms of implementation, and I wanted you to be aware of it as well. I apologize for not cc'ing you on the original sent to Rep. Bishop; I got carried away by enthusiasm and sent it off precipitously. Best regards, and thank you again, Ellen McNeilly Begin forwarded message: t From: Ellen McNeilly <eimcneilly@earthlink.net> Date: August 18, 2013 11:13:53 AM EDT To: Bishop Timothy <timbishoP(a)mail.house.gov> Cc: President Association Orient <president(oorientassociation.org>, Hanlon Bob <franhan(~i-)att.net>, DeLuca Bob <bdeluca .eastendenvironment.org> Subject: Plum Island as a site for NOAA Dear Representative Bishop, As one of your constituents, a resident of Orient, and an admirer, I am very grateful for your introduction of a bill to Save Not Sell Plum Island, and your coordination of same with Senator Blumenthal of Connecticut. At a recent Southold Town Board Meeting concerning the zoning of Plum Island, I made a suggestion of establishing something I called the Plum Island Institute for Coastal and Environmental Studies, which would potentially link in Connecticut and Rhode Island with their political support and educational institutions. While reading an article in the NYTimes Online, I stumbled upon a NOAA site, relative to Ocean Acidification. Some links from that article pointed to, among others, NOAA's identification of potential sites to study Ocean Acidification, with a one of them being Sandy Hook, NJ. WHY NOT PLUM ISLAND?? >Plum Island has the Federal Infrastructure in place. >It is ideally located to study the Northeast Section, indicated by the NOAA Research and Monitoring Map of potential such sites: http://www.pmel.noaa.aov/cot/ ile/NOAA+OA+Research+and+Monitorine+Map >It is near Woods Hole Oceanographic and can coordinate with them. >It is near the Provincetown Center for Coastal Studies. >It is located ideally to study acidification impacts not only on the Atlantic and its fisheries in the locale, but also Long Island Sound and Peconic Bay, which are National impact sites. Furthermore, if such a NOAA site were located there instead of New Jersey, the states of Connecticut and Rhode Island, and their Senators and Representatives, could also join in a coalition with you to promote it along with Senators Schumer and Gillibrand. And why not an outpost of the United States Geological Survey as well. The more, the merrier. The educational institutions in those states, some of the most prestigious in the nation, could also participate with research facilities, both undergraduate and graduate. I was excited by the possibilities, and I hope you are as well. Best regards, and thank you again for your efforts. Ellen McNeilly 631-323-3989 eimcneittV@earthlink.net 2 Cooper, Linda From: Tomaszewski, Michelle Sent: Monday, August 19, 2013 8:10 AM To: Neville, Elizabeth Cc: Ruland, William; Jill DOHERTY, Louisa Evans; Christopher M. Talbot - Forward; Dinizio, James; Finnegan, Martin; Cooper, Linda Subject: Plum Island Comments Good Morning, The following was received by email to Supervisor Russell regarding Plum Island for your file. Thank you, Michelle Michelle L. Tomaszewski Secretarial Assistant Southold Town Supervisor's Office Phone: 765-1889 Fax: 765-1823 From: Ellen McNeilly [mailto:eimcneilly(cbearthlink.net] Sent: Sunday, August 18, 2013 11:24 To: Russell, Scott Subject: Fwd: Plum Island as a site for NOAA Dear Supervisor Russell, Thank you for your continued efforts to keep Plum Island as a research site and conservation area by the zoning you and the Town Board are implementing. It is a critical effort for the local economy and our environment, and your and the Board's work is deeply appreciated. You may recall a suggestion I made at the meeting last Tuesday, referenced below. Today, a variation struck me, which I think may have more viability in terms of implementation, and I wanted you to be aware of it as well. I apologize for not cc'ing you on the original sent to Rep. Bishop; I got carried away by enthusiasm and sent it off precipitously. Best regards, and thank you again, Ellen McNeilly Begin forwarded message: r From: Ellen McNeilly <eimcneilly(d)earthlink.net> Date: August 18, 2013 11:13:53 AM EDT To: Bishop Timothy <timbishop(q)mail. house. gov> Cc: President Association Orient <president()orientassociation.org>, Hanlon Bob <franhan .att.net>, DeLuca Bob <bdeluca(o)-eastendenvironment.orq> Subject: Plum Island as a site for NOAA Dear Representative Bishop, As one of your constituents, a resident of Orient, and an admirer, I am very grateful for your introduction of a bill to Save Not Sell Plum Island, and your coordination of same with Senator Blumenthal of Connecticut. At a recent Southold Town Board Meeting concerning the zoning of Plum Island, I made a suggestion of establishing something I called the Plum Island Institute for Coastal and Environmental Studies, which would potentially link in Connecticut and Rhode Island with their political support and educational institutions. While reading an article in the NYTimes Online, I stumbled upon a NOAA site, relative to Ocean Acidification. Some links from that article pointed to, among others, NOAA's identification of potential sites to study Ocean Acidification, with a one of them being Sandy Hook, NJ. WHY NOT PLUM ISLAND?? >Plum Island has the Federal Infrastructure in place. >It is ideally located to study the Northeast Section, indicated by the NOAA Research and Monitoring Map of potential such sites: http://www pmel noaa yov/co2/file/NOAA+OA+Research+and+Monitorina+Map >It is near Woods Hole Oceanographic and can coordinate with them. >It is near the Provincetown Center for Coastal Studies. >It is located ideally to study acidification impacts not only on the Atlantic and its fisheries in the locale, but also Long Island Sound and Peconic Bay, which are National impact sites. Furthermore, if such a NOAA site were located there instead of New Jersey, the states of Connecticut and Rhode Island, and their Senators and Representatives, could also join in a coalition with you to promote it along with Senators Schumer and Gillibrand. And why not an outpost of the United States Geological Survey as well. The more, the merrier. The educational institutions in those states, some of the most prestigious in the nation, could also participate with research facilities, both undergraduate and graduate. 1 was excited by the possibilities, and I hope you are as well. Best regards, and thank you again for your efforts. Ellen McNeilly 631-323-3989 eimcneilly@earthlink.net 2 Southold Town Board - Letter Board Meeting of August 13, 2013 y rn, ®`RESOLUTION 2013-629 Item # 5.30 > 8 °m*' ADOPTED DOC ID: 9039 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-629 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 13,2013: WHEREAS, the Town Board of the Town of Southold has engaged in extensive and comprehensive planning regarding the highest and best uses for Plum Island; and WHEREAS, the Planning Board, with the input of the Town Board, has compiled a Plum Island Planning Study dated July 15, 2013, that incorporates the findings of this collaborative planning process and consists of an analysis of the potential and prudent uses on Plum Island in connection with the Town Board's consideration of the proposed Local Law in Relation to Plum Island Zoning; and WHEREAS, the Plum Island Planning Study seeks to apply sustainability principles to achieve the Town's smart growth principles and goals consistent with the ideals of community development, environmental protection, economic development and natural resource conservation; now, therefore, be it RESOLVED that the Town Board of the Town of Southold adopts the Plum Island Planning Study as an official Town planning document; and be it further RESOLVED that the Town Board of the Town of Southold determines that, as part of its comprehensive planning process, it will consider the Plum Island Planning Study and comments therein in implementing new legislation. 0~a4Q Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Roland, Councilman SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Roland, Doherty, Talbot, Evans, Russell Generated August 16, 2013 Page 42 Southold Town Board - Letter Board Meeting of August 13, 2013 CRESOLUTION 2013-630 Item # 5.31 ADOPTED DOC ID: 9038 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-630 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 13,2013: WHEREAS, the Town Board is considering the adoption of a Local Law in Relation to Plum Island Zoning (proposed action), a Type I action Under the State Environmental Quality Review Act (SEQRA) Rules and Regulations (6 N.Y.C.R.R §617); and WHEREAS, on May 8, 2013, as lead agency, the Town Board coordinated review of the proposed action and no comments were received; and WHEREAS, the Town Planning Department completed a Long Environmental Assessment Form (EAF) with respect to the proposed action and submitted same with a recommendation to the Town Board for its consideration and review; and WHEREAS, the LWRP Coordinator submitted a review and recommendation that the proposed action is consistent with the LWRP, dated August 13, 2013, pursuant to Chapter 268 of the Town Code; now, therefore, be it RESOLVED that the Town Board of the Town of Southold finds that based upon the Town Board's examination of the EAF and recommendations, and the appropriate criteria for determination of significance, the proposed action is a Type I action which will not have a significant impact on the environment and, therefore, no environmental impact statement is required; and be it further RESOLVED that the Town Board of the Town of Southold hereby issues a negative declaration pursuant to SEQRA and adopts the Findings and Notice of Determination dated August 12, 2013; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to sign the Long EAF in accordance herewith; and be it further RESOLVED that the Town Board of the Town of Southold finds that the proposed action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk Generated August 16, 2013 Page 43 Southold Town Board - Letter Board Meeting of August 13, 2013 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Generated August 16, 2013 Page 44 Southold Town Board - Letter Board Meeting of August 13, 2013 RESOLUTION 2013-631 Item # 5.32 TABLED DOC ID: 9035 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-631 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 13,2013: 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 Plum Island Zoning" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now there for be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled "A Local Law in relation to Plum Island Zoning" which reads as follows: LOCAL LAW NO. 2013 A Local Law entitled "A Local Law in relation to Plum Island Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of this local law is to create and establish zoning districts on Plum Island and to establish standards for certain uses in the Marine II District to maintain 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 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. 11. 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 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 Generated August 16, 2013 Page 45 ti,,uthold Town Board - Letter Board Meeting of August 13, 2013 ARTICLE XIII Marine II (MII) District §280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as 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 ferry terminal shall have a staging area for motor vehicles that enter an auto/vehicle ferry. The size of the staging area must accommodate the maximum number of cars queuing for the largest boat(s) and the busiest proposed schedule (a ferry service with no auto/vehicle ferry will not require a staging area). (c) A ferry terminal shall have a parking area for passengers (provide one parking space per two passengers) calculated in the following manner: (i) Parking for passenger ferry(s) will be calculated by multiplying the capacity of the passenger ferry(s) by the maximum number of ferry trips per day, divided by two. (ii) Parking for auto/vehicle ferry(s) will be calculated by multiplying the passenger capacity of the auto/vehicle ferry(s) by 10% the product of which shall be multiplied by the maximum number of ferry trips per day, then divided by two. (d) The standards set forth in this Section shall only apply to ferry terminals for which a site plan application was submitted after the effective date of this local law. Article XXXI Plum Island Research District (PIR) 4280-182. Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities provide quality employment opportunities and to preserve Plum Island's regionally significant natural historic, scenic and cultural resources. 4280-183. Use regulations. In the PIR District no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Research laboratories with multiple buildings allowed in a campus-style development, subject to the following conditions: Generated August 16, 2013 Page 46 Southold Town Board - Letter Board Meeting of August 13, 2013 (a) The use shall not involve the handling, storage or discharge of explosives. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact 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 landmark. 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 Planning Board: (1) Solar energy generation in excess of that needed to provide power to penmitted 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 §280-183(A) and &280-183(B); (3) Cafeteria for personnel associated with permitted or special exception uses set forth in §280-183(A) and 5280-183(B); (4) Infrastructure necessary to the operation of the permitted or special exception uses set forth in 5280-183(A) and 5280-183(B), 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 are overtaking native flora or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a reve etation 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; 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 Generated August 16, 2013 Page 47 Southold Town Board - Letter Board Meeting of August 13, 2013 4. The Town Board shall hear appeals or shall designate a person or body to he appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. 4280-184. Bulk, area and parkine regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Research District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 125 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 20% of buildable land except that solar energy installations may exceed this limit up to a total of 50% lot coverage. Building Height (ft.): 35 Number of Stories: 2 S,aback from property line (ft.): 30 Landscape area: 30% 4280-185. Setbacks. 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. 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 significant natural scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. 4280-187. Use regulations. In the Plum Island Conservation District no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used in whole or in part, for any purpose except the following: A. Permitted uses The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Nature preserve (2) Public park (3) Educational facility related to the study of natural resources conservation. All sewage will be treated by a sewage treatment plant or similar sewage treatment. (4) Museums housed in existing designated historic landmark. All sewage will be treated by a sewage treatment plant or similar sewage treatment. Generated August 16, 2013 Page 48 Southold Town Board - Letter Board Meeting of August 13, 2013 B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar energy generation in excess of that needed to provide power to permitted uses. 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 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 are overtaking native flora or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove vegetation, The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native ]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 advising the applicant of the right to appeal; and 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. 4280-188. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. Editor's Note: The Bulk Schedule is included at the end ofthis chapter, and the Parking and Loadine Schedules are in ~N 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. 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 Generated August 16, 2013 Page 49 Southold Town Board - Letter Board Meeting of August 13, 2013 Number of stories: 2 Setback from property line (ft.): 30 4280-189. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the shoreline and wetlands. III. Zoning Map Amendment. Based upon the Town Board's consideration of the recommendation of the Town's Planning Board, the SEQRA review, the Plum Island Planning Study and the public comments taken at the public hearing or otherwise, the Town Board of the Town of Southold hereby amends the Official Zoning Map of the Town of Southold as adopted by §280-6 of the Town Code to create the Plum Island Research District and the Plum Island Conservation District, as depicted on the attached map. IV. 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. V. 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: TABLED [UNANIMOUS] Next: 8/27/2013 7:30 PM MOVER: Christopher Talbot, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Generated August 16, 2013 Page 50 MARTIN D. FINNEGAN SCOTT A. RUSSELL TOWN ATTORNEY Supervisor martin.finnegan@town.southold.ny.us snoryo JENNIFER ANDALORO Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY P.O. Box 1179 jennifer.andaloro@town.southold.ny.us y Southold, New York 11971-0959 LORI M. HULSE Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY I~CQU ~4`" Facsimile (631) 765-6639 lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Ms. Elizabeth A. Neville, Town Clerk AUG 2 2 2013 From: Lynne Krauza Southold Town Clerk Secretary to the Town Attorney Date: August 22, 2013 Subject: LLIPlum Island Zoning - SEQRA For your records, I am enclosing the original, fully executed Full Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Scott to sign same. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAT is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: El Part 1 ? Part 2 Part 3 Upon review of the information recorded on this EAT (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: M A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. M B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* © C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions A local law related to Plum Island Zoning Name of Action Town of Southold Town Board Name of Lead Agency Scott A. Russell Supervisor Print or Type Na Responsible Officer in Lead Agency Title of Responsible Officer Signature o esponsible Officer in Lead Agency Signature of Pre different from po icer) 8/12/13 website Date Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action A local law in relation to Plum Island Zoning Location of Action (include Street Address, Municipality and County) The action applies to Plum Island, Town of Southold. Plum Island is located in Suffolk County, New York. Name of Applicant/Sponsor Town of Southold Town Board Address PO Box 1179 53095 Main Road City/ PO Southold State NY Zip Code 11971 Business Telephone 631-765-1800 Name of Owner (if different) The U.S. Department of Homeland Security - C/O GSA Address 10 Causeway Street, Room 925 Boston, MA 02222 City/ PO Boston State MA Zip Code 02222 Business Telephone 617-565-5709 Description of Action: The Town of Southold proposes to adopt land use zoning for Plum Island. The action the establishment of two zoning districts are proposed for Plum Island: The Plum Island Research District (PID) and the Plum Island Conservation District (PIC). The proposed Local Law and supplemental accompanying report titled Plum Island Planning Study (July, 2013) prepared by the Town of Southold Planning Department is included as Exhibit A . Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: ? Urban © Industrial ? Commercial ? Residential (suburban) E]Rural (non-farm) 11 Forest © Agriculture Q other Federal Animal Research Facility 2. Total acreage of project area: 8255 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested 437 acres 437 acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 197 acres 197 acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces 170 acres 170 acres Other (Indicate type) Unspecified 21.5 acres 21.5 acres 3. What is predominant soil type(s) on project site? a. Soil drainage: 0 Well drained of site ® Moderately well drained 77 % of site. Poorly drained 23 % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? 0 acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ? Yes no No a. What is depth to bedrock 600 (in feet) 5. Approximate percentage of proposed project site with slopes: © o-1 o% 65% E110- 15% 5% ? 15% or greater 40 % 6. Is project substantial! contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? Yes M No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ? Yes ME M No 8. What is the depth of the water table? 13.8-18.5 (in feet) 9. Is site located over a primary, principal, or sole source aquifers ME M Yes © No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 0 Yes IE No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Yes F No Accordin to: Fish and Wildlife Service and NY Natural Heritage Program. Protected species occur on and within the vicinity of Island. Fulsum Identify each species: There are too many species to list here. Please see the attached report Biodiversity and Ecological Potential of Plum Island, New York (2012) prepared by the New York Natural Heritage Program (Exhibit B). 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? ? Yes EINo Describe: Plum Island contains maritime dunes, maritime beach, maritime bluff and maritime rocky intertidal communities. 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ? Yes El No If es, explain: 14. Does the present site include scenic views known to be important to the community? Eyes ©No Plum Island provides cultural and natural scenic vistas from the adjacent waters and Orient Point County Park. 15. Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: Plum Island contains freshwater and tidal wetlands. The DEIS dated July 13, 2012, for the Public Sale of Plum Island, New York indicates that freshwater wetlands equal 96 acres and tidal wetlands (beach and dune) equal 101 acres on Plum Island. Long Island Sound occurs off the north shoreline and Atlantic Ocean (Gardiner 's Bay) occurs off the south shoreline. b. Size (in acres): The DEIS dated July 13, 2012, for the Public Sale of Plum Island, New York. indicates that freshwater wetlands equal 96 acres and tidal wetlands (beach and dune) equal 101 acres on Plum Island. Long Island Sound occurs off the north shoreline and Atlantic Ocean (Gardener's Bay) occurs off the south shoreline. Page 4 of 21 17. Is the site served by existing public utilities? F!]Yes R No a. If YES, does sufficient capacity exist to allow connection? Yes No b. If YES, will improvements be necessary to allow connection? El Yes RNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ff es ENO 19. Is the site located in or substantial) contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? MYes E. No 20. Has the site ever been used for the disposal of solid or hazardous wastes? El Yes ©No B. Project Description 1 . Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 0 acres. b. Project acreage to be developed: 0 acres initially; 0 acres ultimately. c. Project acreage to remain undeveloped: NA acres. d. Length of project, in miles: NA (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. NA % f. Number of off-street parking spaces existing NA ; proposed g. Maximum vehicular trips generated per hour: NA (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately I. Dimensions (in feet) of largest proposed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? NA tons/cubic yards. 3. Will disturbed areas be reclaimed FYes RNo ~N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? nYes rEl No c. Will upper subsoil be stockpiled for reclamation? R Yes O No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. Page 5 of 21 S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ? Yes F No 6. If single phase project: Anticipated period of construction: NA months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? ? Yes O No 8. Will blasting occur during construction? ? Yes F1 No 9. Number of jobs generated: during construction 0 ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ? Yes El No If yes, explain: 12. Is surface liquid waste disposal involved? ? Yes 0 No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ? Yes ? No Type 14. Will surface area of an existing water body increase or decrease by proposal? ? Yes ? No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? ?Yes ?No 16. Will the project generate solid waste? ? Yes Q No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? ? Yes ? No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ?Yes ? No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? ?Yes FINo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ?Yes F1 No 19. Will project routinely produce odors (more than one hour per day)? ?Yes FM F No 20. Will project produce operating noise exceeding the local ambient noise levels? ?Yes No 21. Will project result in an increase in energy use? ? Yes F No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity NA gallons/minute. 23. Total anticipated water usage per day NA gallons/day. 24. Does project involve Local, State or Federal funding? ? Yes Pw~ No If yes, explain: Page 7 of 21 25. Approvals Required: Type Submittal Date City, Town, Village Board © Yes No City, Town, Village Planning Board E]Yes? No TOS Town Board TBD City, Town Zoning Board ME Yes No Suffolk County Planning TBD City, County Health Department F ]Yes Q No Other Local Agencies ? Yes ? No Other Regional Agencies M yes [i] No State Agencies El Yes 1:1 No NY Department of State TBD Federal Agencies ? Yes EINo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? 1EYes ? No If Yes, indicate decision required: Q Zoning amendment M Zoning variance Q New/revision of master plan © Subdivision E]Site plan © Special use permit E] Resource management plan © Other Page 8 of 21 2. What is the zoning classification(s) of the site? Plum Island is not currently zoned. 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Plum Island is not currently zoned. 4. What is the proposed zoning of the site? Two land use zoning classifications are proposed for Plum Island: Plum Island Research District (PID) and the Plum Island Conservation District (PIC). 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Fth maximum p otential development on Plum Island would result in two lots. The PID zoning district allowable uses de; research laboratories or educational facilities in a campus style development, limited to 20% lot coverage . e PIC zoning district development would include solar generation facilities, education or museum facilities. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? MM Yes ? No 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? There is no land mass within 1/4 mile radius of the 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. It is clear that none of the current Southold Town zoning districts are suitable due to . the unique size, location and uses of Plum Island. 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. 8. Is the proposed action compatible with adjoining/surrounding land uses with a '/4 mile? no Yes ? No 9. If the proposed action is the subdivision of land, how many lots are proposed? NA a. What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? © Yes 0 No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? ? Yes ? No a. If yes, is existing capacity sufficient to handle projected demand? nn Yes 17 No 12. Will the proposed action result in the generation of traffic significantly above present levels? ? Yes H1 No a. If yes, is the existing road network adequate to handle the additional traffic. Oyes ? No I D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification . I certify that the information provided above is true to the best of my knowledge Applicant/Sponsor Name Date I ~~J Signature Title V 1 f r If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Forth before proceeding with this assessment. Page 10 of 21 PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) ! In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. I The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. I The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. ! The number of examples per question does not indicate the importance of each question. ! In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box(column 1 or 21to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NO [7, YES ? Examples that would apply to column 2 • Any construction on slopes of 15%orgreater, (15 foot ? © ? Yes ?No rise per 100 foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table ? ? ? Yes ? No is less than 3 feet. • Construction of paved parking area for 1,000 or more ? ? ? Yes ? No vehicles. • Construction on land where bedrock is exposed or ? ? ? Yes ?No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or ? ? ? Yes ? No involve more than one phase or stage. • Excavation for mining purposes that would remove ? ? ? Yes ?No more than 1,000 tons of natural material (i.e., rock or soil) per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. ? ? ?Yes ?No • Construction in a designated floodway. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) [i] NO ?YES • Specific land forms: ? ? ?Yes ?No Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) E] NO ? YES Examples that would apply to column 2 • Developable area of site contains a protected water body. ? ? ? Yes ? No • Dredging more than 100 cubic yards of material from channel of © ? D Yes ? No a protected stream. • Extension of utility distribution facilities through a protected water © ? ?Yes ? No body. • Construction in a designated freshwater or tidal wetland. © ? ? Yes ? No • Other impacts: ? ? ?Yes ? No 4. Will Proposed Action affect any non-protected existing or new body of water? M. NO ?YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of ? ? ? Yes ? No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface © © ?Yes ? No area. • Other impacts: ? ? ?Yes ? No Page 12 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? FE NO ?YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ? ? ?Yes ? No • Proposed Action requires use of a source of water that does not ? ? ? Yes ? No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater ? ? ?Yes ? No than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ? ? ? Yes ? No supply system. • Proposed Action will adversely affect groundwater. ? ? ? Yes ? No • Liquid effluent will be conveyed off the site to facilities which ? ? ? Yes ? No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons ? ? ? Yes ? No per day. • Proposed Action will likely cause siltation or other discharge into ? ? ? Yes ? No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or ? ? ? Yes ? No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without © ? ? Yes ? No water and/or sewer services. • Proposed Action locates commercial and/or industrial uses ? ? ?Yes ? No which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ? ? ?Yes ? No Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? M. NO ?YES Examples that would apply to column 2 • Proposed Action would change flood water flows ? ? ?Yes ?No • Proposed Action may cause substantial erosion. ? ? ?Yes ?No • Proposed Action is incompatible with existing drainage patterns. ? ? ?Yes ?No • Proposed Action will allow development in a designated ? ? ? Yes ? No Floodway. • Other impacts: ? ? ?Yes ?No IMPACT ON AIR 7. Will Proposed Action affect air quality? M. NO ? YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any ? ? ?Yes ? No given hour. • Proposed Action will result in the incineration of more than 1 ton ? ? ? Yes ?No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour ? ? ?Yes ?No or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land ? ? ?Yes ?No committed to industrial use. • Proposed Action will allow an increase in the density of ? ? ?Yes ?No industrial development within existing industrial areas. • Other impacts: ? ? ?Yes ?No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? M- NO ?YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or ? ? ?Yes ?No Federal list, using the site, over or near the site, or found on the site. Page 14 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. ? ? ? Yes ? No • Application of pesticide or herbicide more than twice a year, ? ? ? Yes ? No other than for agricultural purposes. • Other impacts: ? ? ? Yes ? No 9. Will Proposed Action substantially affect non-threatened or non- endangered species? ? NO © YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ? ? ? Yes ® No or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of © ? © Yes ?No mature forest (over 100 years of age) or other locally important vegetation. • Other impacts: ? ? ?Yes ?No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? M. NO ?YES Examples that would apply to column 2 • The Proposed Action would sever, cross or limit access to ? ? ? Yes ? No agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) • Construction activity would excavate or compact the soil profile of ? ? ?Yes ? No agricultural land. • The Proposed Action would irreversibly convert more than 10 ? ? ? Yes ? No acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of ? ? ? Yes ? No agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). • Other impacts: © ? ? Yes ? No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) E] NO [D YES Examples that would apply to column 2 • Proposed land uses, or project components obviously different ? ? ? Yes ? No from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ? [D ? Yes ? No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or [D [D [D Yes [D No significant screening of scenic views known to be important to the area. • Other impacts: ? ? ?Yes ? No 1 -1 IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? 2 NO [DYES Examples that would apply to column 2 © ® ? • Proposed Action occurring wholly or partially within or Yes No substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within ? ? ? Yes ? No the project site. • Proposed Action will occur in an area designated as sensitive ? ? ? Yes ? No for archaeological sites on the NYS Site Inventory. Page 16 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Other impacts: ? ? ? Yes ? No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? E] NO f7 YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. ? ? ?Yes ?No • A major reduction of an open space important to the community. ? ? ? Yes ? No • Other impacts: ? ? ?Yes ?No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? R. NO ?YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? ? ? ?Yes ?No • Proposed Action will result in a reduction in the quantity of the ? ? ? Yes ?No resource? • Proposed Action will result in a reduction in the quality of the ? ? ? Yes ?No resource? • Proposed Action will impact the use, function or enjoyment of the ? ? ? Yes ?No resource? • Other impacts- ? ? ?Yes ?No Page 17 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ? NO ? YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or ? ? ?Yes ? No goods. • Proposed Action will result in major traffic problems. ? ? ?Yes ? No • Other impacts: ? ? ?Yes ? No IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? E] NO ?YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the ? ? ?Yes ? No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an ? ? ? Yes ? No energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ? ? ?Yes ? No NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ? NO ?YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ? ? ?Yes ? No facility. • Odors will occur routinely (more than one hour per day). ? ? ?Yes ? No • Proposed Action will produce operating noise exceeding the ? ? ?Yes ? No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ? ? ?Yes ? No noise screen. • Other impacts: ? ? ?Yes ? No Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? [j] NO ?YES • Proposed Action may cause a risk of explosion or release of ? ? ?Yes ? No hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" ? ? ?Yes ?No in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied ? ? ?Yes ?No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other ? ? ?Yes ? No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ? ? ?Yes ?No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? ENO ?YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ? ? ?Yes ?No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating ? ? ?Yes ?No services will increase by more than 5% per year as a result of this project. • Proposed Action will conflict with officially adopted plans or ? ? ?Yes ?No goals. • Proposed Action will cause a change in the density of land use. ? ? ?Yes ? No • Proposed Action will replace or eliminate existing facilities, ? ? ?Yes ?No structures or areas of historic importance to the community. • Development will create a demand for additional community ? ? ?Yes ? No services (e.g. schools, police and fire, etc.) Page 19 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Proposed Action will set an important precedent for future ? ? ? Yes ? No projects. • Proposed Action will create or eliminate employment. ? ? ?Yes ? No • Other impacts: ? ? ? Yes ? No 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? M. NO ?YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: ! The probability of the impact occurring t The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact can or will be controlled ! The regional consequence of the impact ! Its potential divergence from local needs and goals ! Whether known objections to the project relate to this impact. Page 21 of 21 Exhibit A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Plum Island Planning Study Southold Planning Board July 15, 2013 Plum Island consists of an 8161 acre island about 1.5 miles from the tip of Orient Point. There are two other parcels associated with Plum Island and located in Orient Point, a 9.5 acre waterfront parcel containing the ferry terminal for Plum Island, as well as another parcel (0.2 acres) near the tip of Orient Point (an in-holding in Suffolk County's Orient Point County Park containing the electric power transfer station). Plum Island has been entirely under the control of the federal government since 1901, with some federal ownership on the island beginning as early as 1826. It was used by the government for military purposes, first as an army base, and then as a military research facility. Later the island became an animal disease research facility, which has operated on the island since 1954 under the US Department of Agriculture and currently controlled by the US Department of Homeland Security. The island has never been officially assigned a zoning district by the Town, largely because land being used by the federal government for a public purpose is exempt from local zoning laws. Now that the island is scheduled for sale into private ownership by an act of Congress, it is prudent for the Town to assign a zoning designation. Plum Island infrastructure & resources Currently the island contains 554,109 square feet of building space in 47 buildings, including the Plum Island Animal Disease Center (PIADC) and associated buildings, historic Fort Terry buildings in various states of repair, the Plum Island Lighthouse, and various other buildings, some currently in use, and some vacant. There is an electrical system connected by underwater cable to the main power grid on Long Island, as well as an emergency generator designed to keep the lab in operation should electricity from the mainland fail. The water system is supplied by freshwater wells on the island, and includes a 200,000 gallon water tower and water distribution ' The area of Plum island is reported differently in different sources. We chose to use the size calculated by the Town of Southold's GIS system, with line-work based on the Suffolk County Tax Map. The true size of the island can only be determined by a survey. 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 area for marine fish species.4 Rationale for creatine new zonin¢ districts for Plum Island The existing zoning districts, as well as the other islands in Southold which are currently zoned, were examined for their applicability to Plum Island. Upon review of the issues related to the future potential uses of the island should it become privately owned, it is clear that none of the current Southold Town zoning districts are suitable. Plum Island is unique in size, location and uses, and new zoning designations must be crafted to adequately address the situation. The rationale for creating new zoning designations to regulate future uses for Plum Island is based on a study of the limited infrastructure, both on the island and in the eastern portion of Southold Town, the community character of the Town, including along the main route to the island through East Marion and Orient, the economic value of the current use of the island, the value of the natural resources supported by the island, and the historic resources. A study of the other islands' characteristics and zoning demonstrated that Plum Island is unique among them for many reasons. Plum Island, at 816 acres is the only island of its size in the Town. The three other islands of considerable size are Fishers Island at 2,644 acres, Robins Island at 455 acres and Great Gull Island at 17 acres. The other seven islands range in size from one tenth of an acre to three acres. ' Details about the infrastructure of Plum Island are from the Draft Environmental Impact Statement dated July 13, 2012, for the Public Sale of Plum Island, New York. b Schlesinger, M.D., A.L. Feldman, and S.M. Young. 2012. Biodiversity and ecological potential of Plum Island, New York. New York Natural Heritage Program. Albany, New York. 2 Plum Island is unique in its recent past and current uses, both on the mainland and among the other islands in Southold. Although other Southold islands are/were owned by the federal government and used for various purposes (military and aids to navigation), Plum Island is the only island with a major research facility (PIADC). After some history as a military fort, Great Gull Island has been owned since 1949 by the American Museum of Natural History for the purpose of a bird sanctuary. Robins Island was and is privately owned, and is protected by a perpetual conservation easement held by The Nature Conservancy, which limits future development to only a few structures. It is zoned R-400 Residential Low-Density District (ten- acre minimum lot size), Southold's most restrictive zoning district, and the conservation easement restricts the uses even further. Both Great Gull and Robins Island have issues similar to Plum Island with regard to potential development, however both are protected from development making it unnecessary for the Town to take any further steps to mitigate the potential impacts of any future development. Fishers Island's recent past and current use is very different from that of Plum Island in that it has been developed primarily with residences with a small commercial center. More important than its land use is the island's geographic location as a reason for it being unsuitable as a comparison for zoning of Plum Island. Because of its proximity to Connecticut, Fishers Island's residents have direct nearby access to necessary services in New London, CT, while Plum Island's nearest access to services is through Orient, NY. It is the difference between these two access points that make the case for Plum Island's uniqueness as compared to Fishers Island. New London is a small city through which a major interstate highway runs. The city contains the basic services that the residents need, including doctors, a hospital, and retail stores. Orient, by contrast, is a small hamlet served by a two-lane road. The nearest grocery store, hospital and other services are over eight miles away in Greenport, and these are limited in size to that typically found in a small village. Once on the mainland, the nearest interstate is over 31 miles away (a 45 minute drive). Plum Island is also unique with regard to the mainland of Southold Town by the fact that it is a small island located at the end of the peninsula, with its main access through the most sparsely developed part of the Town. There is no other land in Southold Town with a comparable situation. For all the reasons stated above, Plum Island was found to be a unique situation not contemplated in current zoning districts. All the existing zoning districts allow one or more uses that are contrary to the goals for Plum Island to continue to provide high quality employment opportunities, while minimizing the impact to the Town's most rural hamlets, and preserving the natural and historic resources on the island. 3 Rationale for the proposed 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 a two-lane road through the hamlets of Orient and East Marion. They are the most rural hamlets in Southold Town. Both are primarily residential hamlets with low density. For example, Orient Hamlet includes a total of 765 residential units at an overall density of about 5 acres per unit. Both hamlets are already adversely affected by intense pulses of traffic caused by the Cross Sound Ferry operation. Any additional traffic would degrade the community character and quality of life by adding noise, decreasing air quality from added vehicle emissions, and decreasing the safety of the main road. The transportation route is also a New York State designated Bike Route, and a New York State designated Scenic Corridor. Adding traffic to this corridor would decrease the safety for cyclists, and erode the scenic qualities. 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 of high-paying technical jobs for Southold Town residents. Currently the lab employs 60 people who live in Southold Town. Retaining a research and/or an educational facility that will provide a similar number of jobs is of great importance to the Town. The Plum Island Research District is designed to encourage this type of development by clearly stating that type of use is allowed, and also by limiting the ability for the island to be subdivided. This subdivision limitation (accomplished by the large minimum lot size), will ensure the site of the research facility remains large enough to contain and maintain its own infrastructure, as well as containing enough land for future expansion, and to retain flexibility in future design . Preservation of natural and cultural resources Water While Plum Island's aquifer could support some level of future additional development, it is in the best interest of the overall Town to limit the use of this precious resource. Having a nearby 4 source of potable water could be critical to the Town's future infrastructure and ability to provide clean water for its citizens, especially in Orient which is served by their own sole source aquifer. Orient's sole source aquifer is already suffering from some pollution and salt water intrusion. Therefore it is good planning to preserve Plum Island's aquifer as a future source of potable water for the Town. The Plum Island Conservation District will accomplish the goal of protecting Plum Island's aquifer by limiting the amount of development that will occur over the majority of the island, and also limiting the type of development to that which would use very little water, and contribute little or no pollution to the groundwater. It has been well documented that intense development can contribute significant amounts of pollution to the groundwater in the form of excess nitrogen and other pollutants through stormwater runoff, septic systems, and the application of fertilizers, and pesticides. Habitat & Wildlife Plum Island contains flora and fauna unique to the state in their quality and should be preserved with as little disturbance as possible (see above for more details). The proposed Plum Island Conservation District will accomplish this goal by limiting the amount of human disturbance on the island. The new zoning will provide additional protection to wetlands and surface waters, both of which contain important sensitive wildlife habitats, by ensuring that all structures and impervious surfaces 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 resources, including the Plum Island Lighthouse and Fort Terry. In addition to any federal historical designations, the proposed zoning districts will preserve and protect those historic resources by allowing uses of the island that are complementary to historic preservation including educational facilities and museums. Public Safety and Emergency Response. Serving the public safety and emergency response needs of an island are challenges for small Towns such as Southold. The rural Fire Districts have limited revenue and personnel. In the case of Plum Island, the nearest Fire District is Orient. Presumably this Fire District would be called upon to serve the emergency and fire needs of any development on Plum Island. Southold Town Police would be the nearest law enforcement agency. The proposed Plum Island Research District and Conservation District are designed to limit the potential strain on local first responder and public safety resources by limiting the amount of development on the island and concentrating the majority of potential development in one area. Currently the PIADC has their own fire equipment, and some future similar use that fits in with the proposed zoning could presumably do the same. 5 Navigation The Plum Gut and other waters adjacent to Plum Island are important navigation channels. The Cross Sound Ferry travels through Plum Gut, as well as other boat traffic on its way to CT, Fishers Island, and Block Island. The proposed zoning districts address this by limiting the uses to those that would not interfere with navigation. Commercial & Recreational Fishing Commercial and recreational fishing are important to Southold's economy. The waters surrounding Plum Island are productive fisheries. The proposed zoning districts protect the nearby fisheries by limiting future uses of the island to those that will not interfere with fisheries. Conclusion The federal government, and more particularly the U.S. General Services Administration, have begun the process to sell Plum Island. While zoning was not necessary while the island was in federal ownership (local zoning does not apply to the federal government), the Town of Southold has found it prudent to zone the island in the event the island is sold into private hands. The island has many resources important to the Town, is unique in many ways, and warrants its own zoning designation to best regulate its future uses. The new zoning designations accomplish the multiple goals for the island of protecting its exceptional natural resources, while also providing for future economic opportunities. They also provide the necessary balance with the nearest mainland connection at Orient Point, ensuring that the rural character of the hamlets of East Marion and Orient is maintained. 6 d fo ms rc 1 i Tom aat $Ou#Wtd Zoning c3zwftftundwift Sale:9fA~A tfAA~be SuM* CWgRW Pfgwty Tax Service Agency M Bed COMMIT 2013. CaNNy of SOW N.Y. Exhibit B State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM ..Biodiversity and ecological potential of Plum Island, New. York 01 s Y Ht yy 5 ~ ~wA r ~ ~J r n a ? Y- { •7I~' 1 'vIG 1A W -1? L y d O Til}~ IVilrund ~~•~~~ci11-~• 4- ~Ixd- The New York Natural Heritage Program The NY Natural Heritage Program is a partnership NY Natural Heritage has developed two notable between the NYS Department of Environmental online resources: Conservation Guides include the Conservation (NYS DEC) and The Nature Conservancy. biology, identification, habitat, and management of many Our mission is to facilitate conservation of rue animals, of New York's rare species and natural community rare plants, and significant ecosystems. We accomplish this types; and NY Nature Explorer lists species and mission by combining thorough field inventories, scientific communities in a specified area of interest. analyses, expert interpretation, and the most comprehensive NY Natural Heritage also houses rMaplnvasives, an database on New York's distinctive biodiversity to deliver online tool for invasive species reporting and data the highest quality information for natural resource management. planning, protection, and management. In 1990, NY Natural Heritage published Ecological NY Natural Heritage was established in 1985 and is a Communities of New York State, an all inclusive contract unit housed within NYS DEC's Division of classification of natural and human-influenced Fish, Wildlife & Marine Resources. The program is communities. From 40,000-acre beech-maple mesic staffed by more than 25 scientists and specialists with forests to 40-acre maritime beech forests, sea-level salt expertise in ecology, zoology, botany, information marshes to alpine meadows, our classification quickly management, and geographic information systems. became the primary source for natural community . NY Natural Heritage maintains New York's most classification in New York and a fundamental reference comprehensive database on the status and location of for natural community classifications in the northeastern rare species and natural communities. We presently United States and southeastern Canada. This monitor 174 natural community types, 802 raze plant classification, which has been continually updated as we species, and 441 raze animal species across New York, gather new field data, has also been incorporated into keeping track of more than 12,500 locations where these the National Vegetation Classification that is being species and communities have been recorded. The developed and refined by NatureServe, The Nature database also includes detailed information on the Conservancy, and Natural Heritage Programs relative rareness of each species and community, the throughout the United States (including New York). quality of their occurrences, and descriptions of sites. NY Natural Heritage is an active participant in The information is used by public agencies, the NatureServe - the international network of biodiversity environmental conservation community, developers, and data centers. NatureServe's network of independent others to aid in land-use decisions. Our data are data centers collect and analyze data about the plants, essential for prioritizing those species and communities animals, and ecological communities of the Western in need of protection and for guiding land-use and land- Hemisphere. Known as natural heritage programs or management decisions where these species and conservation data centers, these programs operate communities exist. throughout all of the United States and Canada, and in In addition to tricking recorded locations, NY many countries and territories of Latin America. These Natural Heritage has developed models of the areas programs work with NatureServe to develop biodiversity around these locations important for conserving data, maintain compatible standards for data management, biodiversity, and models of the distribution of suitable and provide information about rare species and natural habitat for raze species across New York State. communities that is consistent across many geographic scales. i J4 ll New York Natural Heritage Program Biodiversity and ecological potential of Plum Island, New York Matthew D. Schlesinger Aissa L. Feldmann Stephen M. Young New York Natural Heritage Program 625 Broadway, 5" Floor Albany, New York 12233-4757 www.nynhp.org With contributions from Eric Lamont, Richard Stalter, Paul Spitzer, Hugh McGuinness, John Sepenoski, MaryLaura Lamont, Tim Green, Robert DiGiovanni Jr., Mike Scheibel, and Mike Bottini May 2012 Please cite this report as follows: Schlesinger, M.D., A.L. Feldmann, and S.M. Young. 2012. Biodiversity and ecological potential of Plum Island, New York. New York Natural Heritage Program, Albany, New York. Cover photographs (clockwise from upper left): Crossleaf milkwort (Polygala cruciata var. aguilonia) by Stephen M. Young; American Oystercatcher (Haematopus pallidus) by Don Sias; Maritime bluff by Julie A. Lundgren; Harbor seals (Phoca vitulina) by the Riverhead Foundation for Marine Research and Preservation; Seabeach knotweed (Polygonumglaucmm) by Stephen M. Young; preliminary natural community map of Plum Island by Aissa L. Feldmann; Hairy-necked tiger beetle (Ocindela hirticolk) by Matthew D. Schlesinger. 041f New York Natural Heritage Program Table of Contents Table of Figures ....................................................................................................................................v Table of Tables ....................................................................................................................................vi Executive summary ............................................................................................................................vu Introduction ..........................................................................................................................................1 Geography and geology ..................................................................................................................1 Climate ...............................................................................................................................................4 History of human use ......................................................................................................................4 Documented and potential biodiversity ............................................................................................5 Natural communities .......................................................................................................................5 Mapping methods and preliminary natural community map ................................................5 Significant natural communities ..............................................................................................13 Animals ............................................................................................................................................15 Terrestrial mammals .................................................................................................................15 Marine mammals .......................................................................................................................17 Birds ............................................................................................................................................19 Reptiles and amphibians ...........................................................................................................25 Fish ..............................................................................................................................................28 Invertebrates ..............................................................................................................................30 Plants ...............................................................................................................................................34 History of plant collection .......................................................................................................34 Plum Island flora .......................................................................................................................34 Rare, protected, and otherwise noteworthy plants ...............................................................35 Invasive plants ...........................................................................................................................37 Management and restoration ............................................................................................................39 Key inventory needs ..........................................................................................................................41 Conclusion ...........................................................................................................................................42 Acknowledgments ..............................................................................................................................42 Literature cited ....................................................................................................................................43 Appendix A: Natural Heritage Subnational (S) Conservation Status Ranks .............................48 Appendix B: Birds of Plum Island ...................................................................................................50 Appendix C: Conservation guides ...................................................................................................55 iv 1 8 ! 8 New York Natural Heritage Program Table of Figures Figure 1. Plum Island with surrounding islands and points in mainland New York, Connecticut, and Rhode Island. Islands are within New York State unless otherwise noted. Inset: area of detail within the Northeast United States .....................................................2 Figure 2. Plum Island, New York, with major features and human infrastructure ..................................3 Figure 3. Natural and cultural communities of Plum Island, New York ...................................................6 Figure 4. Natural communities of the panhandle of Plum Island, New York ..........................................7 Figure 5. Natural communities of the center of Plum Island, New York .................................................8 Figure 6. Natural communities of the southwestern portion of Plum Island, New York ......................9 Figure 7. Significant natural communities of Plum Island, New York ....................................................13 Figure 8. Animal element occurrences on Plum Island, New York .........................................................17 Figure 9. Counts of harbor seals using two methods from 2005 to 2012 at Plum Island, New York. Points indicate survey dates. Data courtesy of the Riverhead Foundation for Marine Research and Preservation. Increasing numbers annually are evident from the photo counts, while seasonal variation is evident from the flight tallies ....................................18 Figure 10. Harbor seals (Pboca vitulina) hauled out on the south shore of Plum Island, New York in March 2011. Photograph courtesy of The Riverhead Foundation for Marine Research and Preservation ................................................................................................................18 Figure 11. Average monthly numbers of bird species detected on walking surveys, point- based surveys, and day lists by Audubon New York from April 2006 to January 2012. Bars represent minimum and maximum species numbers. The number in parentheses below each month is the number of surveys that have been conducted in that month, across years ....................................................................................................................20 Figure 12. Number of adults of five species of colonial waterbirds breeding on Plum Island from the 1970s (given as minima and maxima from 1974 through 1978, as per Buckley and Buckley [1980]) and 1985 through 2010. When number of pairs was reported, we doubled that value to yield a conservative estimate of the number of adults 21 Figure 13. Number of adults of Herring and Great Black-backed Gull breeding on Plum Island from the 1970s (Buckley and Buckley 1980) and from 1985 through 2010 (NYSDEC). When number of pairs was reported, we doubled that value to yield a conservative estimate of the number of adults ..............................................................................22 Figure 14. Common terns (Sterna hirundo) off the shore of Plum Island, New York. Photograph by Annette DeGiovine Oliveira and Sally Newbert ................................................22 Figure 15. Numbers of active nests (top) and young produced (bottom) of Osprey on Plum Island and nearby Fishers Island, Gardiners Island, and Orient on the North Fork of mainland Long Island. Data courtesy of NYSDEC and The Nature Conservancy .................24 Figure 16. Numbers of species of adult fishes and invertebrates detected in Mid-Atlantic estuaries, 1985-2000. Three sample sites surrounding Plum Island, New York are labeled. Data are from http://ccma.nos.noaa.gov/ecosystems/estuaries/elmr_metadata_feb2011.txt and Stone et al. (1994) ...............................................................................................................................29 Figure 17. Extant rare plant occurrences on Plum Island, New York. Carex wer itt fernaldit occurs island-wide and is thus not represented here. CV ens egthro rhizos and Polygala cmaata var. aguilonia are not mapped, as their conservation status does not merit full tracking by NY Natural Heritage .....................................................................................................38 Figure 18. Historical rare plant occurrences on Plum Island, New York ...............................................39 ~ v `f New York Natural Heritage Program Table of Tables Table 1. Natural community types mapped at Plum Island, their total acreage, and number of polygons ...............................................................................................................................................10 Table 2. Cultural community types mapped at Plum Island, their total acreage, and number of polygons ..........................................................................................................................................11 Table 3. Marine mammals documented in the waters near Plum Island, New York. From Sadove and Cardinale (1993) and Connor (1971) ..........................................................................19 Table 4. Osprey monitoring results from Plum Island and nearby Fishers Island, Gardiners Island, and Orient (North Fork of Long Island). Nest and young numbers are averages from 1976-2010. Data courtesy of NYSDEC and The Nature Conservancy 23 Table 5. Snakes and turtles with potential for occurring on Plum Island, New York, or in the nearby waters, based on their occurrence in the seven USGS topographic quads surrounding the island (NYSDEC 2009). Those already reported from Plum Island are noted ..............................................................................................................................................26 Table 6. Frogs and salamanders reported from the seven USGS topographic quads surrounding Plum Island, New York. Only the green frog has been reported from Plum Island .........................................................................................................................................28 Table 7. Marine fish documented from Long Island Sound, Gardiners Bay, Peconic Bay, and the Connecticut River estuary in the 1980s and 1990s that are considered Species of Greatest Conservation Need. S-ranks do not reflect the current state of knowledge for this group and are therefore not reported ................................................................................29 Table 8. Dragonflies and damselflies recorded from Plum Island, New York in 2005. Courtesy of ML. Lamont ..................................................................................................................30 Table 9. Rare dragonflies and damselflies with the potential to occur on Plum Island, New York 30 Table 10. Butterflies recorded from Plum Island, New York in 2005. Courtesy of ML. Lamont .................................................................................................................................................32 Table 11. Moth species designated as rare by the New York Natural Heritage Program with the potential to occur on Plum Island, New York ........................................................................32 Table 12. Existing rare plants recorded from Plum Island, New York ...................................................36 Table 13. Historical rare plants recorded from Plum Island, New York .................................................36 Table 14. Protected Exploitably Vulnerable plants recorded from Plum Island, New York ...............37 Table 15. Key inventory needs for Plum Island ..........................................................................................41 vi AI,, New York Natural Heritage Program Executive summary In this report we document the historical and current known biodiversity, including natural communities and plant and animal species, of Plum Island, New York. We also note potentially undiscovered rare species and the potential of the island to support additional species with management and restoration. We draw from published literature, museum specimens, recent surveys, and expert opinion to form a comprehensive ecological picture of the history of the island's biodiversity and its current status. Plum Island lies in a small archipelago of peninsulas and islands stretching from Long Island's North Fork to Fishers Island and then to Connecticut and Rhode Island. The island is famously shaped like a pork chop and encompasses 840 acres, approximately the size of New York City's Central Park, and is owned by the U.S. Department of Homeland Security within the Town of Southold, Suffolk County. Plum Island is surrounded by four bodies of water that influence its offshore and onshore environment and biodiversity: Long Island Sound to the west and north, Block Island Sound to the east, Plum Gut to the immediate southwest, and Gardiners Bay further southwest. The geology of Plum Island is a reflection of its glacial history, which has resulted in varied topography, 17 soil types, and a diverse flora and fauna. The island has had a long and varied cultural history, including use by Native American and colonial farmers, 1800s recreationists, and as a military installation whose infrastructure largely remains. In 1952 a biological laboratory was built and this use continues today as the Plum Island Animal Disease Center, operated jointly by the US Departments of Agriculture and Homeland Security. Its use as a highly secure government facility prevents anyone besides the staff and selected visitors from using the island in any other manner or disturbing its plants or animals. A systematic survey of the plant communities on Plum Island has never been conducted. We present here a very detailed preliminary seamless natural community map for the island that should serve as the foundation for future ecological data collection. We documented 25 natural community types and 8 cultural community types on Plum Island, including four considered significant from a statewide perspective: maritime dunes, maritime beach, maritime bluff, and marine rocky intertidal. Transect and plot sampling are necessary next steps to revise and validate both the linework and the attributed classification. The animal biodiversity of the island is poorly known, with the exception of the birdlife. Compiling data from multiple sources, we report that 187 species have been observed on the island, including 57 New York State Species of Greatest Conservation Need (SGCN). Sixty-five species are considered breeders, with 13 of these being SGCN. Notable birds include the Osprey, whose nests now number in the single digits but for which at one time Plum Island hosted the largest nesting colony in New York. The substantial multispecies heron rookery and gull colony, which thrived into the 1990s, are now gone, presumably due to the accidental introduction of raccoons. Piping Plover, American Oystercatcher, Northern Harrier, and Common Eider are some of the at-risk species known to breed currently on the island. Scattered sightings constitute the known mammalian fauna of the island, which includes mice, voles, fox, muskrat, beaver, raccoon, and deer (which are killed by island personnel). The beaver sighting is significant because it highlights the potential importance of Plum Island as a stepping stone for the recolonization of and continued immigration to Long Island from New England by other mammals, such as river otter, fisher, and coyote. The island's herpetofauna is a big mystery, with three or four turtle species, garter snake, and green frog confirmed, and a great deal other rare species with potential, including mud turtle, tiger salamander, and the newly identified and rare species of leopard frog. Similarly, only a handful of surveys have been done for insects, with the vii 4 Y l New York Natural Heritage Program most notable finds being the seaside dragonlet and beach-dwelling hairy-necked tiger beetle. There is great potential for additional rare dragonflies, damselflies, and moths on the island. The federally listed American burying beetle is extant on nearby Block Island, the only extant location in the northeast not supported by management, and similar conditions may occur on Plum Island, although surveys have not been conducted there. Plum Island's marine environment is highly productive for animals, with greater numbers of marine fish in the surrounding waters than in most other sites in the mid-Atlantic. Multiple species of cetaceans have been seen in nearby waters, including the critically endangered northern right whale, and the rocks off of Plum Island's shore are home to the largest seal haul-out site in New York. The eelgrass meadows off of Plum Island have potential to support foraging sea turtles, but survey data are lacking. Plum Island's flora is well documented compared to other taxa. Botanists have recently collected 391 species within 246 genera and 89 families and along with historical records there is a total of approximately 420 species. Genera with the largest number of species collected were Cyperus, Panicum, and Carex. Native species are still a major component of the natural vegetation. Plum Island, with 16 recorded rare plant species, has one of the highest concentrations of rare plants in New York State, similar to the situation on Fishers Island, a short distance to the northeast. Both islands are part of the "outer lands" of the Ronkonkoma moraine islands east of Long Island and contain a variety of habitats that support rare plants that only occur on the coastal plain of New York. Only two of the sixteen rare plants recorded from Plum Island occur inland of the coastal plain. Although there is a high number of rare species on Plum Island, the populations are small compared to other populations of these species. The one exception is spring ladies-tresses, a rare orchid with a large population on the island. Fourteen rare plants are extant, having been discovered since 1984. Six of these species have fewer than six populations in the state and are listed as endangered. Five species have fewer than 21 populations in the state and are listed as threatened. Three species have more than 20 populations in the state and are listed as rare. Six rare plants are considered historical since they have not been found in the previous 30 years. Three of the species (salt-marsh spikerush, mock bishop-weed, and Northern blazing star) were found in 1932, bushy rockrose in 1915, Atlantic white cedar sometime before 1915, and Scotch lovage in 1895. There is still habitat for five of the species and they still may yet be found. The stumps of Atlantic white cedar trees can still be seen in the northwest coiner of the deep emergent marsh, but no live trees remain and we consider this species extirpated from the island. Several invasive plants are present, some with large populations that may require management attention. Threats to Plum Island's native biodiversity include invasive species, the potential for residential development, climate change, and on- and offshore energy development such as wind and underwater turbines. Should the opportunity become available for ecological management and/or restoration, a consortium of stakeholders could contribute to a vision of a desired future condition for the island, which will direct appropriate action. In this report we briefly outline some possibilities to enhance the biodiversity value of the island, including restoration of marsh hydrology, eradication of raccoons, targeted removal of invasives, restoration (or establishment) of maritime grassland throughout the panhandle, continued minimal impacts to maritime and coastal communities, and dark skies compliance. viii New York Natural Heritage Program Introduction Few publicly owned islands are as poorly known, misunderstood, and shrouded in mystery as Plum Island, New York, off the coast of the North Fork of Long Island (Figure 1). A former U.S. Army base, and operated as the Plum Island Animal Disease Center since 1954, the island has an uncertain future, as plans to relocate the Center to Kansas have prompted the Department of Homeland Security to plan the sale of the island. At the time of this writing, the Draft Environmental Impact Statement (DEIS) on the sale of the island has not been released, but a previous EIS (U.S. Department of Homeland Security 2008a) and other documents have not taken inventory of the full biodiversity value and potential of this island. Plum Island has been recognized previously for its potential importance to New York's and the nation's biodiversity. For instance, the island is part of the "Orient Point-Plum Island" Important Bird Area (Burger and Liner 2005) and the adjacent waterway known as Plum Gut is a Coastal Significant Fish and Wildlife Habitat (New York State Division of Coastal Resources 2009). Given the uncertain future of this island, we document Plum Island's known biodiversity, inventory needs, and biotic potential with restoration in the following report. We draw from published literature, museum specimens, recent surveys, and expert opinion to form a comprehensive ecological picture of the history of the island's biodiversity and its current status. For taxa that are well known (e.g., vascular plants, birds) we provide information on the known species-tallies, notable species, and full lists for some taxa. For taxa that are not well surveyed, we supplement existing knowledge with discussions of the potential of the island to host rare species that could be documented with additional inventory work or that could be brought back with restoration. Geography and geology Plum Island lies in a small archipelago of peninsulas and islands stretching from Long Island's North Fork to Fishers Island and then to Connecticut and Rhode Island (Figure 1). The island is famously shaped like a pork chop and encompasses 840 acres, approximately the size of New York City's Central Park. Its total length is about 3 miles with the long narrow panhandle measuring about 300 feet wide. Land elevations vary from sea level to about 100 feet on a hill by the reservoir. The southern third of the island is characterized by low hills and depressions and a series of low beach ridges alternating with freshwater wetlands (Figure 2). The middle of the island features a central plain (where Fort Terry was developed) that divides hills to the southeast, ranging from 40 to about 75 feet high, from the northwestern ridge of irregular hills that rise to 100 feet in height. The eastern third of the island is a continuation of the northwestern ridge but narrows to a low stretch of land that terminates in a group of hills that rise up to 85 feet. The shoreline is characterized by wide sandy beaches in the south and east where the topography is low to a narrow shore of large boulders on the rest of the island at the base of low, to as much as 50 feet high, steep bluffs and cliffs where the topography is higher. Plum Island is owned by the U.S. Department of Homeland Security and lies within the Town of Southold, Suffolk County. Plum Island is surrounded by four bodies of water that influence its offshore and onshore environment and biodiversity: Long Island Sound to the west and north, Block Island Sound to the east, Plum Gut to the immediate southwest, and Gardiners Bay further southwest. Around most of the island is a narrow shelf, a little wider to the east, with depths to about 20 feet. Beyond the shelf, depths are from 100 to 200 feet. The strait between the island and Orient Point, called Plum Gut, is narrow and deep with depths up to 188 feet and fast-running tides but no natural hazards. The strait between the island and Great Gull Island to the northeast is wider and shallower with depths from 3 feet around shoals to 25 feet toward the center. The ecology of other islands in the region, including ~m 1 New York Natural Heritage Program Great and Little Gull Islands, Gardiners Island, Fishers Island, Shelter Island, and Block Island (Rhode Island) are useful for comparison, although the biodiversity of many of these areas are similarly poorly known. Fkode~rand Connecticut j_. Connecticut Rlv , Block Island (RI) Fishers island Plum Island ~B!eckulendgound ~~/vo Great Gull island Orient Point. V Long Izand Sound Gardinersdiners!slend Bay Mon:auk Shelter Island ®rFGr, uth Fork ng Isl and iantl.OceenCean a v x Figure 1. Plum Island with surrounding islands and points in mainland New York, Connecticut, and Rhode Island. Islands are within New York State unless otherwise noted. Inset: area of detail within the Northeast United States. 2 + New York Natural Heritage Program ny s, x n ~ w F)nierra(b.nerlM 1 r ~~~rq s) ab ) R.' ,r I I q- 11 n , nlnaTaaa v ~ a ; nLmimbent N r, • f' LTIIaIf i . fa YaNIrt% IV~D~r 4'N::: .`r> 9) .1 f it a . a ~eRRwk eu { - H Orco ) f ug )rodmdbtlv • !)I Nw YnkNbailfW.np Pmp® N) qa . Figure 2. Plum Island, New York, with major features and human infrastructure. The geology of Plum Island is a reflection of its glacial history, summarized here from Crandell (1962). During the Wisconsin ice age of the Pleistocene epoch the forward movement and backward melting of the continental glaciers were instrumental in forming the island. Morainal outwash and till were laid down over existing Late Cretaceous deposits of silt, sand and gravel that had been eroded into a hilly terrain over Precambrian bedrock. As the Wisconsin ice sheet advanced it pushed forward over the Plum Island area and Long Island carrying sand, gravel, and rocks from New York and New England over which it had passed. After it had reached its most southern extent it began to melt back around 21,750 years ago. During this retreat the forward motion of the ice at times equaled the rate of melting and the glacier paused and deposited two large moraines and outwash plains on Long Island. The southern moraine was the southern edge of the ice sheet and is called the Ronkonkoma Terminal Moraine. As the ice sheet retreated again it paused and created a second moraine called the Harbor Hill Moraine that runs along the northern half of Long Island forming the North Fork, most of Plum Island and the islands to the northeast. The glacier first deposited thick layers of sand and gravel to form the island. Some of these layers were removed by an outwash channel at the southwestern end of the island where the laboratory is located, so this area is not as high and hilly as the rest of the island. A subsequent advance of the glacier deposited a layer of silt, sand, gravel, and boulders (glacial till) in depths of 5 to 40 or more feet thick, forming the hills of the northern two thirds of the island. This is where most of the present forests and shrublands grow. A meltwater channel eroded the till in the central f 3 New York Natural Heritage Program part of the island to form a northeastward-trending level topography where Fort Terry is located. After the final glacial deposits had been laid down, erosion from ocean waves carried the finer sand and gravels to the southern end of the island where they formed a series of low beach ridges, allowing freshwater swales and marshes to form in between. This is where the wetland vegetation of the island can be found and where deposition has formed the wider beaches with no boulders. Elsewhere, the erosion of the upper layers of glacial till resulted in large boulders rolling down the slopes to the beach (along with some of the fort's gun emplacements!) to form the rocky beaches and rocky intertidal shore. Along the eastern shore are several exposures of gray to gray-brown sandy to solid clay that may have been deposited by the glaciers or forced upward from pre-glacial deposits. The vaned topography, along with different types of glacial till and outwash that have been eroded into new features, have resulted in 17 soil types listed for the island by the Natural Resources Conservation Service (U.S. Department of Agriculture Natural Resources Conservation Service 1995): Atsion, Berryland, Bridgehampton, Carver, Deerfield, Haven, Montauk, Montauk Variant, Plymouth, Raynham, Riverhead, Scio, Sudbury, Wallington, Walpole, Wareham, and Whitman. Descriptions of the soil types can be found at hops://soilseries.sc.egoy.usda.gQv/osdnamequery.asp. This large diversity of soils and features in such a small area has resulted in the diverse flora and fauna found there today. Climate Plum Island has a maritime temperate climate and is greatly influenced by the surrounding ocean. The heat-absorbing ocean waters moderate the temperatures that are typical in central Long Island and the mainland to the west. This moderation of temperatures tends to delay the growing season in the spring and prolong it in the fall. The average high in midsummer on Long Island is in the low 80s and the average low in midwinter is in the low 20s (See hr//Io ygisland.about.com/od/neigbborhoods/a/Long-Island-Ny= . im .ht4. Average monthly precipitation averages from 3 to 5 inches in central Long Island with the lowest amount in July and the highest in March. Annual precipitation is about 45 inches. Plum Island is subject to a variety of storms. Spring and summer thunderstorms are a common occurrence and strong nor'easters can bring storm surges and high winds in the fall and winter. The NOAA website for historical hurricane tracks (See ht.//www.csc.noaa,gQy/hurricanes) shows about 8 hurricanes and tropical storms passing within 50 miles of the island since records began. An unnamed storm tracked right between Plum Island and Orient Point in 1944, and the most recent major storm to come dose to the island consisted of the remnants of hurricane Gordon in 2000. Even though hurricanes can be strong, the fall and winter nor'easters also have the high winds and waves that can influence the shoreline topography and vegetation (htip://en.v)ikipedia.org/wiki/Noreaster). History of human use Plum Island has had a long and varied cultural history, which has had a dramatic impact on the animals and vegetation of such a small island. Prior to the arrival of European settlers, Native Americans probably used the island for fishing and hunting (R.A. Bramson, personal communication). The Pequot Indians grew corn there in the 1630s as a backup crop in case cornfields in Connecticut were burned by the English. In 1659 the island was sold by the Montauk Indians to Samuel Wyllys and for the next 238 years the island was used for farthing and the grazing of sheep and cattle. By the mid-1700s there were three families living there and up to 40 or 50 people inhabited the island at times. In 1826 the US government bought three acres of land on the southern shore for a lighthouse that was constructed in 1827. In the late 1800s it was a popular place for fish camps of wealthy people and rustic buildings were built where they would stay. Others 4 4 New York Natural Heritage Program might stay with the resident farmers or the lighthouse keeper. Luminaries such as Grover Cleveland visited during these times. Most of the farmers sold their land by the end of the 1800s to Abraham S. Hewitt, former mayor of New London, Connecticut, who owned the entire island by 1890 (U.S. Department of Homeland Security 2010). His development plans for a summer resort never materialized and in 1898 the government bought the eastern half of the island to construct Fort Terry as a coastal defense for the Spanish-American war. They purchased the remainder of the island in 1901. The fort was active for the next 20 years and roads, buildings, and gun installations were built, mainly along the eastern shore. There was even a small railroad to carry equipment and ammunition between installations. In 1918 the fort changed to caretaker status and there was very little activity on the island for the next 23 years. Beginning in 1941 the island was used as a base for World War If and activity increased again for the next five years. In 1946 the fort was decommissioned and there was little or no activity until 1952, when the US Army Chemical Corps began renovating Fort Terry's Building 257 for use as a biological lab to study foot-and-mouth disease. The use as a biological lab continues to this day. The buildings of the old Fort Terry have been vacated and new facilities have been constructed on the southwestern end of the island with a staff of about 300 people (U.S. Department of Homeland Security 2010). This has left much of the island in a semi-natural state except for the large mowed field and lawns of the Fort Terry parade ground and headquarters (see below), ferry dock facilities and buildings, sewer plant and pools, and various hazardous material disposal sites. A network of narrow, paved and unpaved roads connect these historical and modem facilities. Its use as a highly secure government facility prevents anyone besides the staff and selected visitors from using the island in any other manner or disturbing its plants or animals. Documented and potential biodiversity Natural communities Mapping methods and preliminary natural community map A systematic survey of the plant communities on Plum Island has never been conducted. A land cover map derived from the 2001 National Land Cover Database (Homer et al. 2004) is included in the Department of Homeland Security's (2008a) Final Environmental Impact Statement for the NBAF (Figure 3.2.2.1.1-1); but because the NLCD's classification is based on "unsupervised" (computer) interpretation of satellite data, it is extremely coarse and imprecise. The DHS report also includes New York State's Regulatory Freshwater Wetlands maps (Figure 3.8.2.1.2- 1 - New York State Department of Environmental Conservation 2011) which have had only limited ground verification. The unpublished work of Eric Lamont and Richard Stalter, who compiled a list of plant communities and associated species while searching for rare plants on Plum Island (E. Lamont personal communication), is certainly the most exhaustive on-the-ground assessment of plant communities to date and is, in small part, incorporated into the narrative below. We present here a very detailed preliminary seamless natural community map for the island (Figure 3) that should serve as the foundation for future ecological data collection. Detail views of the panhandle (Figure 4), center (Figure 5), and south/western (Figure 6) parts of the island are also included. Transect and plot sampling are necessary next steps to revise and validate both the linework and the attributed classification. Polygons were digitized in ESRI's ArcMap 10.0 using 2007 digital color infrared aerial orthoimagery with 6-inch resolution (New York State 2008). Additional base layers that informed New York Natural Heritage Program 5 the mapping included the USDA's Soil Survey Geographic Database (SSURG02) for Suffolk County, New York (U.S. Department of Agriculture Natural Resources Conservation Service 1995) and USGS 7.5-minute topographic quadrangle maps (U.S. Geological Survey 1994). We also referred to images from Bing Maps (www.bing.com/maps) and Google Earth (http://www.google.com/earth/index.h=D. lY euyeY eommvYry dJu...SOm .u L..dminrupwYY.nef mMnim.pnY.,r:p..dm mne:,JJdbu.. •ed loos. ,~fp Pwdm.dbP Me N.w YabNYrtd HuRepe?mg.ve F.61p11 _ PPO ~t-3 ~'r_.. _ C ° -2 x N 9 N OpP P4e 0P P°~OPO ~g07P .a~' P9P0°P OPP v PV° y . p P ' 00 P 70°PP P y. 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Natural communities of the center of Plum Island, New York. 8 4 New York Natural Heritage Program 8elgeYeemmu6b d.wx•som m _ 9 1 p 79? lndminbapmbem e[_ Pn; 1p+1pp qp ppi ewmlbeaGm [ubwaEdnp. oral SAM. '?rK: p p9i1i p ipplpp ip lLppadm.dbdu MsY¢t\med _ -'C-'.r ppi p ° ~?pp ii0 H Pm vt H6S¢I' ,"ippvp000 1 . a3pp 9 t'T p i p 99, p p V1p 01p ii ~ v 1P p PY OVp a9Pivivi 1 I i 91919 . i u o v v 9 p P1i p p vjl/pi p0p19 iv i'O ~ p V ~i ?i~ i ilPppp ~~lp ip p01 ~ f ' T1pp~oi ppipi ppO O.W f~l p it pp i09 71. _yyli QN91v + 94) ' r I FIFI J.©usm•nbna meeea.r swmalenel ole aee v. ' _ © Yn ®SUCmyanelod Mepb •rtMa9m4end .x ~ y Y ~'~`x Nsm•ropk I wheal 2 =E b CL' YpwvlnbXleY OraYSUemtl bnm rte.' > ~ ©spanspneim•mm. bmt ':.~s>>> "a~' „ -OnH eml9a^rmmn ®SUaeawanlm•mm•pnwLemme anuewne -~.tif~~>b J>J So.%....... tm.M SU....lmamme bnaWCebabua "'m snrvb msmp smanatwntn.~ a-ro- ~NartM.onn..ewrbwrvun.la...4a cebwrva ~;,Y?~?R H4nbuan elnnery epa ml@N S.1mv Z+ 'J ® Nee mepw-0ISCRpum a,wnp LOnelrvtlbmlvn malnnnenm gnM1 ~a )NnXMVmaN =";"~Eroabn mnpalv.pelaxan _^7 -unlM. bmrt Nem.fgnpwnlmsltlpn ~^.-k-': v ~U,dw. MOn YpwelewWU.-I nNYee QUSrIMSeeneadNantlma newAYM - P.YaeYenpameMoa baeewemvmYYlp•mn9 snaa W E ~U.AknenrvbwM _P•vatl Yeb NsrtMpanrvbleMllSU¢pawn•I meritlne bml ®0.unl Wucwn aNrbr S Y~yd~S.X SnrvbNaMMasnrvblene Sswge twalmeMpntl ¢ ¢t ¢S ¢t Spmnfambnnbine 4[dn Figure 6. Natural communities of the southwestern portion of Plum Island, New York. Because of the fine-scale resolution (6 inches) of the aerial images that were available for on- screen digitizing, polygons outlining community boundaries were mapped at a minimum scale of 1:900, with the intention of serving future land managers. For example, fairly substantial patches of what appears to be the highly invasive vine Oriental bittersweet (Celastrus orbiculatus) were delineated to help target remediation and restoration work. Not having recent stereo-pairs of photographs was our biggest limitation; while Bing Maps' bird's eye view provided some perspective, we had a difficult time distinguishing between tall shrubland and low maritime forest. We attributed each polygon with the following data: primary and secondary community codes and community names (only primary names are presented in Figure 3 through Figure 6), area in acres, comments, and species composition, if known. For the most part, natural community nomenclature follows the NYNHP's existing community classification (Edinger et al. 2002), but when vegetation types or anthropogenic structures didn't fit existing types, placeholder names and codes were created (e.g., "Smilax?" (greenbriar) or "Subterranean structures"). Roads, pathways, and parking areas were merged, as were mowed lawns and mowed roadsides. In some cases, two primary community names were chosen for a polygon; this usually indicates a mosaic of the two types (for example, in the southwest tip of the island, maritime dunes and maritime heathland occur in a tight mosaic that is impractical to tease apart). Occasionally, it indicates a bit of uncertainty about the composition of the polygon, as when the label "Smilax?//Celastnu?" (greenbriar/bittersweet) or 9 4 New York Natural Heritage Program "Successional old field//Maritime grassland" is applied. Rarely, a number of types occur in a particularly tight mosaic (as with maritime dunes, maritime heathland, maritime shrubland, and salt shrub at Pine Point); this example might be better classified at the Ecological System level, but in this case, we included the two shrubland types as secondary community names. Plum Island's vegetation has been heavily impacted by human use since the mid-1600s, when areas were cleared for agriculture, through the early 20'' century, when the military built a network of bunkers and other infrastructure to support Fort Terry, to the present day network of roads and facilities surrounding the USDA/DHS's Animal Disease Center. We mapped 25 `natural' communities and community complexes (Table 1) and 8 `cultural' types (Table 2) on the island (see Edinger et al. 2002 for details on community classification). The site is fragmented by over 12 miles of paved and unpaved roads and paths, numerous mowed fields, and infrastructure which, in part, explains the high number of polygons for some types. Table 1. Natural community types mapped at Plum Island, their total acreage, and number of polygons. Natural community name Acres Number of polygons Maritime shrubland 124.4 35 Successional maritime forest 118.9 30 Successional maritime forest//Maritime shrubland 66.0 3 Highbush blueberry bog thicket 43.6 1 Maritime beach 38.3 3 Maritime dunes 35.5 9 Marine rocky intertidal 34.0 9 Maritime dunes//Maritime heathland 30.8 4 Deep emergent marsh 30.3 2 Celastrus 27.4 33 Successional maritime forest//Celastrus 15.8 9 Maritime bluff 14.8 12 Smilax?//Celartrms? 13.9 7 Successional old field//Maritime grassland 13.3 4 Maritime shrubland//Successional maritime forest 12.4 2 Marine eelgrass meadow 9.5 1 Shallow emergent marsh 7.5 2 Successional shrubland 7.5 11 Marine intertidal gravel/sand beach 6.8 7 Smilax? 6.5 9 Salt shrub//Maritime shrubland 6.3 1 Red maple-blackgum swamp 6.1 1 Successional old field 4.6 11 Maritime freshwater interdunal swales 1.8 2 Shrub swamp 0.8 2 10 New York Natural Heritage Program Table 2. Cultural community types mapped at Plum Island, their total acreage, and number of polygons. Cultural community name Acres Number of polygons Mowed lawn//mowed roadside 93.1 72 Paved/unpaved/mowed roads/pathways//Parking areas 44.5 1 Construction/road maintenance spoils 14.5 16 Rural structure exterior 11.7 60 Sewage treatment pond 5.0 6 Marine riprap/artificial shore 1.0 3 Paved slab 0.4 4 Erosion control vegetation 0.1 1 Conservation Guides that summarize the statewide characteristics of most of the mapped natural communities are available at htI~//guides nynhl2.Qrg[ and included in a separate document as Appendix C. Because detailed, local (Plum Island) vegetation descriptions will be based solely on best professional judgment and remote assessment until a significant amount of fieldwork has been undertaken, the floristic information in the Guides should be viewed as generalized and not specific to sites on the island. Detailed species-specific information in the following narrative was gathered by E. Lamont during his floristic surveys. A broad description of the island's vegetation is included in the DHS's (2008a) FEIS and is excerpted [with additions in brackets] below. "Natural vegetation on the island is influenced by maritime processes that include high winds, salt spray, overwash, and dune formation and shifting. The island contains characteristic maritime communities that include beach, dune, and maritime shrub/forest. Additional communities include an extensive complex of freshwater herbaceous/shrub wetland communities on the southwestern portion of the island, and coastal hardwood forests on elevated moraine deposits that are protected from ocean salt spray and overwash. The [north] side of the island on Long Island Sound [and the southern panhandle on Block Island Sound] is actively eroding, resulting in vertical bluffs that are adjoined by unvegetated beaches consisting of sand and glacial till (gravel, cobble, and boulder). Consequently, the island lacks tidal marshes.., that are characteristic of barrier islands and other moraine islands in Long Island Sound." We found that maritime shrubland and successional maritime forest ("maritime shrub/forest' cover over 330 acres of the island (nearly 40% of the landscape). As a rule, maritime shrubland seems to be more common on the exposed, narrow eastern panhandle, while taller maritime forests dominate in the center of the island and just north and east of the large wetland complex in the southwest. More mature maritime (or coastal) forests are said to occur in high spots on the rolling terrain surrounding the water tower, in the northwest corner (west of the Animal Disease Center's main laboratory building) of the island, and adjacent to the deep emergent marsh north of Pine Point (E. Lamont, personal communication). More survey work is needed to document their composition and extent. As mentioned above, maritime shrublands on and near the exposed edges of the island are wind- and salt-pruned and occasionally perch atop the steeply eroding maritime bluffs that tumble down to the rocky and sandy beaches below. In some areas, they are dominated by bayberry (Myrica penglvanica) and beach plum (Prunus mari(ima) (E. Lamont, personal communication). In the 11 New York Natural Heritage Program southwest corner of the island, at Pine Point, maritime shrublands are contained within the large (63-acre) maritime dune complex and also surround a series of what appear to be small (1.8 acres) maritime freshwater interdunal swales. In that area, groundsel tree (Baccharis balimifo/ia) is associated with the bayberry (E. Lamont, personal communication) Both inland and near the island's perimeter, expanses of taller shrublands and maritime forests are punctuated by the sweeping lawns and building complexes associated with the Animal Disease Center. Successional old fields and what may be maritime grasslands occur in formerly cleared areas dominated by (non-lawn-forming) gratninoids and forbs; these spaces, which are likely to provide habitat for grassland birds and other species, probably experience continued disturbance or mowing that prevents incursion by shrubs, woody vines, and tree species. We mapped over 90 acres of freshwater wetlands, or palustrine communities, on the island. In addition to the small maritime freshwater interdunal swales mentioned above, there are two small shallow emergent marshes and two small patches of shrub swamp. At least one of the shallow emergent marshes (located just south of the Animal Disease Center's main lab building) is dominated by cattail (Tuba spp.) with some swamp loosestrife (Decodon verticillatur) (E. Lamont, personal communication). If the loosestrife is dominant, the site will be re-classified as a shrub swamp. The shrub swamp east of the lighthouse is dominated by buttonbush (Cepbalanthus occ.dentalis) (E. Lamont, personal communication); both the shallow emergent marsh and shrub swamp are common community types but do provide unique habitat for turtles, amphibians, and marsh birds on Plum Island. The most obvious freshwater feature on the island is the large (74-acre) ponded wetland complex north of the dune system at Pine Point. There has been some discussion about the origin, natural or anthropogenic, of this uniquely striated marsh system. Because there is evidence of an old causeway ("Love Lane," currently visible as a narrow path) on one of the wider striations, it has been assumed that the wetland's structure is primarily human-caused (Lamont and Stalter 2011). However, Crandell (1962), in his treatment of the geology and groundwater of the island, noted that "low beach ridges that seldom reach more than 10 feet in altitude alternate with marshy depressions in the southwestern part of the island..." He goes on to say that "The older of these ridges... have almost east-west trends, but successively younger ridges approach north-south trends." This description perfectly matches the series of ridges seen in (aligned east-west) and just south of (running nearly north-south) the large wetland, and we suspect its origin to be as a natural, ancient dune-swale complex. Crandell does not mention the causeway, but does refer to some anthropogenic hydrological alterations on the site, saying, "...an artificial channel has been dredged to drain the swampy area in the southwestern part of the island and to control mosquito breeding. A sea gate is used to control the flow in this channel, and it has recently (1959) been kept closed to retain ponded rainwater." We did not see any evidence of this sea gate or artificial channel on the aerial imagery that we reviewed. We classified the ponded northern half of the wetland as deep emergent marsh - a broad type that can be dominated by a variety of emergent and floating aquatic species. Ancient Atlantic white cedar (Cbamaecyparis thyoides) stumps have been noted in this area of the marsh; they are presumed to be remnants of an old Coastal Plain Atlantic white cedar swamp, but no seedlings or trees are extant (E. Lamont, personal communication). The southern portion of the wetland that contains the series of possible old dune ridges, has been classified as highbush blueberry bog thicket, based on a brief species list from E. Lamont; it contains swamp azalea (Abododendron viscosum), highbush blueberry (Vaccinium corymbosum), fetter-bush (Leucotboe racemosa), and spoon-leaved sundew (Drosera intermedia) with sedges, rushes, grasses, and forbs. This species-rich area is an important target for future surveys and adds fascinating diversity to the island's flora. 12 " New York Natural Heritage Program 44 Our map extends into the waters surrounding Plum Island to capture marine intertidal and subtidal communities. The intertidal zone consists of a narrow strip of marine intertidal gravel/sand beach, essentially a continuation of the exposed (terrestrial) maritime beach community into the water. The community is exposed at low tide and submerged at high tide and is an important foraging area for shorebirds. Along some stretches of shoreline, the intertidal beach is replaced by a marine rocky intertidal community that is characterized by large rocks and boulders that are alternately submerged and exposed and are colonized by marine algae. Part of this rocky coast is notable at Plum Island as a seal haul-out site. Finally, a small (9.5-acre) patch of marine eelgrass meadow that was digitized by Tiner et al. (2007) is included on our map. Underwater surveys should be conducted to search for more eelgrass and to thoroughly assess the rocky intertidal community. Significant natural communities Four significant natural community occurrences have been documented at Plum Island (Figure 7). We have some quantitative field data associated with only one of the four - Maritime dunes - and the others were identified through aerial imagery interpretation during the course of our vegetation mapping. >fdyY.t tem~ie.ew.ma a. Yt..amwUVpnebon ur ?.amb.6.R. f. ehttif um faDoea Ed'ryrataL 2WS. r r] ~ 5a Map pmdie«e br thNav YvYNaaeY ad ft~:eyaPmgm~PabML ar « a N tan Hid # d3 ? n ' 95 N A A., ? 16 !rr Mum ' r • rw Hal1,nn,t IU60AI ro n M a Wet as 9r !a e+ M 5 AN D : R tt I~ 6 fl REST a _ e n «r \ _ as N \ A la V Plum 1 \ 9 a NacY u ' a \ C~ U` 4 • zY va Pluml6lo U¢hihdu ' ? _w~ D] FTUM Gut : 8 Mitltlle >z Harborj y » Croun96 ]a - Marine Rocky Wedded ae .o Maritime Ohms 01 lao S Pt n do 4 5 Manfime6mch Pin. Point - Maritime Dunes wr ree >a s v 1 a 5 oll 0.S t !9l !4 Figure 7. Significant natural communities of Plum Island, New York. Maritime dunes. The maritime dune system at Pine Point is about 63 acres, making it average to small for New York. It is mapped as 6 polygons ranging in size from 0.1 acre to about 37 acres; 13 4 New York Natural Heritage Program because the polygons are separated by narrow, unvegetated sand paths, they are essentially continuous. In recent (2007) aerial imagery, the dune system appeared to be a tight mosaic of a few community types: maritime dunes, maritime heathlands, maritime shrubland, and possibly salt shrub (see community conservation guides in Appendix C). In 1989, the date of our field data, the surveyed areas of the dunes were strongly dominated by American beachgrass (Ammophila breuiligulata), which is characteristic for active maritime dunes in New York. Other documented herbs were Canadian horseweed (ConyZa canadensis), seaside goldenrod (Sokdago sempenirens), grass-leaved goldenrod (Eutbamia caroliniana), beach pinweed (Lecbea maritima var. maritima), switchgrass (Panicum virgatum), cordgrass (Spartinapectinata or Spatens~, and fragrant cudweed (Pseudognaphalium obtusifokum). Patches of shrubs were primarily composed of sassafras (Sassafras albidum), winged sumac (Rbus copallinum), and bayberry. The community was essentially free of invasive exotic species, despite their presence in disturbed areas along the old roads. In 2012, E. Lamont (unpublished data) noted American beachgrass, sand-heather (Hudsonia tomentosa), beach pinweed, poison ivy (Toxdcodendron radicans), winged sumac, beach plum, groundsel tree, and red cedar (Juniperur tirginiana). Additional survey work should document the composition of the communities within the dune system, investigate the narrow maritime freshwater interdunal swales that lie to the west of the dunes, and survey the polygon that is labeled `Salt shrub//Maritime shrubland' on the map. That area is mapped as a wetland on the NYS Regulatory Wedand maps but does not appear wet in recent photos. It could be shrubby, brackish swale containing a salt shrub community. Maritime beach. The maritime beach on Plum Island is, on average, about 10-15 in wide and extends around the majority of the perimeter of the island in a nearly continuous band. It continues for over 11.5 km and covers about 45 acres, making it average-sized for New York. This occurrence has not been surveyed in the field, but its signature is clear on aerial photographs. It consists of a combination of rocky and sandy beach, in seemingly equal proportions, but with more rocky beach on the northern shore. Driftwood and wrack are visible; again, more frequently on the northern shore. Where the beach abuts steep maritime bluffs, boulders can be seen on the beach at the base of the eroding surface. At least three rare species have been documented on the beach, including seabeach knotweed (Poygonumglaacum), Piping Plover (Charadrius melodus), and the Hairy-necked Tiger Beetle (Cidndela hirticolks). Adjacent natural communities include marine rocky intertidal, maritime bluff, maritime dunes, and maritime shrubland. Maritime bluff. The maritime bluff community was calculated to be 44 acres (a very large occurrence for New York), which is "actual acres," and takes slope into consideration. This acreage may overestimate its size, as the mapped area is likely to contain the tapered edges of the bluffs. These edges would probably be shorter than 10 feet tall, which is the minimum height requirement for the community. This occurrence has not been surveyed in the field, but its signature is clear on aerial photographs from 2007. It consists of a series of steeply sloping (estimated to be about 70 degrees on average), sparsely vegetated, actively slumping bluffs that range in height from 10 to 50 or 60 feet and are composed of unconsolidated glacial till and outwash. The occurrence is mapped as 12 linear patches that range in length from about 60 in to just over 1 km. Adjacent natural communities include sandy and rocky maritime beach, windblown blufftop maritime shrubland, and successional maritime forest. Marine rocky intertidal. This occurrence consists of 34 acres of marine rocky intertidal (large for New York) mapped in nine patches that range in size from about 0.5 acre to 10.5 acres. The community has not been surveyed in the field, but its signature is clear on CIR aerial photographs as a series of bright red patches of marine macroalgae that occur on the tidally washed rocky shores surrounding Plum Island, extending out to the lowest tide level. Mapped patches range in width from about 5 to 50 meters. Adjacent natural communities include maritime beach and marine deepwater communities, and there is at least one nearby patch of marine eelgrass meadow. 14 4) New York Natural Heritage Program Animals "The island has no wildlife, and no animal leaves Plum Island alive." -Wall Street Journal, January 8, 2002 (Dugan 2002) Because Plum Island has not had a comprehensive biodiversity inventory, and published information on many taxa was not readily available, we compiled information from a variety of sources including published articles in peer-reviewed journals, gray literature, and personal communications. For taxa that had not been inventoried on the island, we compiled information on surrounding islands and mainland Long Island to inform a list of the potential species (or simply potential at-risk species, depending upon the taxon) of Plum Island. Conservation guides for all NYNYP-tracked rare animals recorded from Plum Island are available at http:// 'des n nhp ore/ and included in a separate document as Appendix C. Terrestrial mammals Very little survey effort has been expended for terrestrial mammals on Plum Island. Connor (1971) noted the white-footed mouse (Peromysms lencopus) and meadow vole (Microtus pennsylvanicus) as the only native rodents collected from Plum Island. The invasive Norway rat (Raltus norvegicus) was also reported. A trapping survey of small mammals for disease-carrying insects in the late 1970s (White and White 1981) found only the white-footed mouse and meadow vole in 500 trap-nights. The researchers incidentally noted house cats and bats (species unknown) on the island. However, it is well known that many native mammals have been removed from the island by USDA and DHS personnel, concerned about the potential for the spread of disease. Primarily these have included white-tailed deer (Odocoileus virginianus), which swim there from the mainland, and raccoon (Procyon lotor), which apparently colonized the island in about 1995, facilitated by the transport of construction debris (K. Preusser, USDA, personal communication). Biologists from USDA also noted the presence of muskrat (Ondatra #bethicus), fox (species unknown), and, in approximately 2003, beaver (Castor canadensis) (L. Humberg, K. Preusser, and M. Lowney, USDA, personal communication). The detection of beaver sign is significant because beaver have rarely been documented otherwise on Long Island since the colonial period (Connor 1971). A beaver arrived in the Bronx in 2007 to great fanfare after a substantial restoration effort; some speculated that the beaver could have come across Long Island Sound (O'Connor 2007). Further, beaver are now known from East Hampton, New York, to the south of Plum Island Q. Janssen, personal communication). Thus, Plum Island has potential to be an important stepping stone for beaver, and possibly other animals, to recolonize Long Island. The river otter (Lontra canadensis) was periodically considered extirpated from Long Island despite scattered sightings (De Kay 1842, Connor 1971), but there now appears to be a small population. Connor (1971) proposed that otters sighted on the east end of Long Island in the 1950s may have swum across the Long Island Sound from Connecticut. The route from Connecticut with the shortest open-water crossing (7.25 km, dose to the maximum reported for the species [Blundell et al. 2002]) would take in the archipelago of New York islands including Fisher's Island, Great Gull Island, and Plum Island. Finally, both coyote (Canis latrans) and fisher (Marley pennant:) have been reported from Fishers Island (L. Klahre, personal communication), and thus may be next to recolonize mainland Long Island, potentially with Plum Island as a stepping stone. Bats have become one of the greatest conservation concerns in the northeast U.S., with white-nose syndrome having devastated many cave-dwelling bat species (Blehert et al. 2009) and fatalities at wind turbines causing concern especially for migratory tree bats (Cryan and Brown 2007, 15 i ) New York Natural Heritage Program Cryan and Barclay 2009). No surveys of bats have been conducted on Plum Island, yet there is potential for the island to be an important stopover and roosting location. While little information is available on bat use of islands in this region, bats are known to migrate along the coast and over the ocean and to stopover on islands (Cryan and Brown 2007, Boyden 2012, Houton and Costello 2012). Further, the island's many abandoned military bunkers have the potential to provide habitat for roosting big brown bats (Eptericus fuscus) and perhaps other species as well, as has been documented in other locations (e.g., Baranauskas 2001, Masinga et al. 2009). The U.S. Fish and Wildlife Service is assessing the potential of a captive management program as part of an overall strategy to combat WNS, in which bunkers and other human-made structures would be treated against the fungus and house captive bats year round (Traylor-Holzer et al. 2010). Plum Island harbors potential habitat for New England cottontail (Sylvilagus transitionalir), a candidate for federal listing that historically occurred on Long Island but that has not been documented there since the 1930s (Connor 1971). Currently, no rabbits, not even the prolific eastern cottontail (Sylvilagur floidanus), are known from Plum Island despite suitable cover and infrared surveys by USDA (K. Preusser, personal communication). Besides pitch pine oak barrens and high salt marsh, which are not known from Plum Island, coastal habitat for New England cottontails also includes coastal shrublands that might be similar to the salt shrub and maritime shrubland communities occurring on Plum Island. Inland, they have been found in successional old fields, successional shrubland, and they may use highbush blueberry bogs, shrub swamp, and Smilax and Celastrus thickets (htq2://www.neweng-landcottontail.orgio, which are all vegetative types occurring on Plum Island. Pending further investigation into whether the vegetative communities on Plum Island are sufficient to support cottontails and sustainable in their presence, Plum Island could be a particularly effective (re)introduction site because of the absence of the competing eastern cottontail and isolation from the mainland increasing potential for the control of deer and invasives. 16 4 New York Natural Heritage Program nr n w Gt r9 ru ez ~ P YYY/<I ~ N~~Hta d) ~~P 4S a/ PA Ste IeA. Is A ybA PLUM 18L e BIBEASE apifs rar Heliport IUSDAI Po p a We1V 31 aP O y M S AN D > + r a eA ST rs r> REST 9 > as 'H 1~ •'x ra al' Po°mI ~ - r .r•~~ D 8 ~ a PMA %umlq l UEhthoa ° O Q ~~O a> Run (7 --Rping Plover a> s3 B at % Mlddle >a na bur;' _ 14 amndll ae _ Ib O Hairy-necked Tiger Beetle (Cicktdela tortkalgs) 'o Q Nonhem Hamer(Ckcus cyaneus) N p j~7/y n Piping Plover (Charaddus melodus) a)' -Seel HaW-0U Site S Se.' Pin, Point o axa ad ss - Snoxy EBet (Egretla thole) Vdn 84°P°e'~.dhr tl. Mw ~ek:LVan rLriVy. Pwpw IJI raa rl3 i4638fI / z Figure S. Animal element occurrences on Plum Island, New York. Marine mammals Plum Island is known as the home of the largest winter seal haul-out site in New York State and among the largest in southern New England (DiGiovanni Jr. et al. 2011)(Figure 8). Pinniped surveys by the Riverhead Foundation for Marine Resarch and Preservation are conducted during a two-hour window on each side of low tide, while aerial surveys are flown in a fixed high-wing aircraft at an altitude of 600 feet. During the first half of the last decade, the mean number of seals observed around Plum Island was 100 animals. Over 600 harbor seals (Phoca Dilulixa) have been detected on the rocks off the south side of the island via regular flyovers by the Riverhead Foundation for Marine Preservation and Research (Figure 9; Figure 10). Notably, the recorded number of harbor seals has increased dramatically in their surveys over the last 7 years (Figure 9). Historical data are sparse, although Connor (1971) highlighted a 1933 report of 50 seals and ongoing "fairly large numbers" of seals using the island. Numbers of seals observed need to be considered in terms of the regional population, which is considered to be southern New England and eastern Long Island, NY. Animals may move among haul-out sites in a metapopulation-type dynamic without overall numbers changing at a regional scale. However, at the Fisher's Island haul-out site, just 10 miles east of Plum Island, observations went from 68 harbor seals in 2005 to 423 in 2011 (DiGiovanni Jr. et al. 2011). These data indicate that the population of harbor seals on Plum Island and the surrounding haul-out sites is increasing. i 17 New York Natural Heritage Program 700 600 500 -0--Total estimated during flight -0-Actual counts from photos 400 300 200 100 0 'p,ti~~6ti65,~11\~ V dS' 11\ti~ti~ti1 41 -tit S, -\P :tiga\-\V -\V 416\ti~ti69\L~14 1\1 's\41 Figure 9. Counts of harbor seals using two methods from 2005 to 2012 at Plum Island, New York. Points indicate survey dates. Data courtesy of the Riverhead Foundation for Marine Research and Preservation. Increasing numbers annually are evident from the photo counts, while seasonal variation is evident from the flight tallies. As late as 1971, no reports of gray seals (Halichoemsggpus) were known from Long Island (Connor 1971). They have recently increased dramatically in the region and are now common on nearby Little Gull Island (DiGiovanni Jr. et al. 2009). They have been seen in the water near the seal haul-out site on Plum Island in summer, and 5 were seen during the 2011 Christmas Bird Count (R. Digiovanni Jr., ML. Lamont, and M. Schlesinger, unpublished data). Mixed groups of gray and harbor seals have also been observed (R. DiGiovanni Jr., unpublished data). Figure 10. Harbor seals (Phoca vitulina) hauled out on the south shore of Plum Island, New York in March 2011. Photograph courtesy of The Riverhead Foundation for Marine Research and Preservation. 18 4 New York Natural Heritage Program Sadove and Cardinale (1993) compiled decades of survey results, opportunistic sightings, and strandings to document the distributions of marine mammals in the New York area. Several of these species were documented in the Peconic Bay (southwest of Plum Island between the two "forks" of Long Island; Figure 1), Long Island Sound, and Block Island Sound, surrounding Plum Island (Table 3). Of note are recent sightings of the Endangered northern right whale (Eubalaenaglacialis) at the mouth of Long Island Sound and near Fishers Island in 2008 and 2010 (Khan et al. 2010). Over 100 common dolphins (Delphinus delphis) were sighted off the north side of Plum Island and in Plum Gut in January 2006 (ML. Lamont, unpublished). Table 3. Marine mammals documented in the waters near Plum Island, New York. From Sadove and Cardinale (1993), Connor (1971), and R. DiGiovanni Jr, unpublished data. Common name Scientific name S-rank* Location Northern right whale Eubalaenagladalis SNA$ LI Sound, Plum Gut Humpback whale Megaptera novaeangliae SNA$ Montauk Beluga Depbinaptenu leucas SNA LI Sound Bottlenose dolphin Tursiops truncates S3 LI Sound, Plum Gut Common dolphin Delphinus defpbis S4 Plum Island, Gardiner's Bay, Robins Island, Great Peconic Bay, Shelter Island, Gardiner's Island, Orient Harbor porpoise Phocoena phocoena S4$ LI Sound, Plum Gut, Peconic Bay Harbor seal Phoca vzwkna S3 Haul-outs on Plum, Gulls, Gardiner's, Montauk, Fisher's, Shelter *Definitions of Natural Heritage S-ranks are in Appendix A. $Species of Greatest Conservation Need Birds Information on the bird fauna of the island came primarily from regular surveys by Audubon New York. Additional information came from Christmas Bird counts, avian literature, and anecdotal observations from experts. We have documented 187 species of birds using Plum Island across seasons and years, including 57 New York State Species of Greatest Conservation Need (SGCN; New York State Department of Environmental Conservation 2005; Appendix B). Scientific names for all birds mentioned in the text are in Appendix B. The 2000-2005 Breeding Bird Atlas (McGowan and Corwin 2008) documented 55 species in the two atlas blocks intersecting Plum Island. Block 7356C, which covered the eastern portion of the j island, had 50 species, with 45 confirmed or probable breeders. Block 7256D, which covered the western portion of the island and Orient Point on mainland Long Island, had 39 species, with 35 of them confirmed or probable breeders. Both blocks had lower than average species totals for the Coastal Lowlands ecozone (McGowan and Corwin 2008), but also considerably less land area available for surveying. Regular surveys of Plum Island's birds have been conducted by Audubon New York since spring 2006. In the following summaries we include surveys through January 2012, although three new species that were added since are included in the grand total and the species list in Appendix B. The island had been surveyed 37 times as of January 2012: 9 in spring, 11 in summer, 11 in fall, and 6 in winter. Surveyors have detected 173 species over the six years through a combination of point surveys, walking surveys, and incidental sightings (Appendix B). Numbers of species detected reached peaks in May (maximum recorded count of 76 species) and September (65 species), with richness in the breeding season averaging around 50 species and wintering richness varying between 19 New York Natural Heritage Program 30 and 40 species (Figure 11). The most common species (detected on >90% of weeks) were ones typical of northeastern coastal habitats: American Robin, American Crow, Black-capped Chickadee, Carolina Wren, European Starling, Herring Gull, Northern Mockingbird, Blue Jay, Red-tailed Hawk, Great Black-backed Gull, Song Sparrow, Northern Cardinal, and Canada Goose. 80 Sixty-five species have been documented as "confirmed" or 70 "probable" current-day breeders 60 (following guidelines in McGowan and C- 50 Corwin 2008), although four of the gulls 0 40 and terns included in that total were 30 likely breeding on nearby islands. The breeding bird fauna has included 13 New E :3 20 York State SGCN (Appendix B). Rare z 10 and notable species are discussed below. 0 Colonial waterbirds and waders. Plum Island's once substantial m v m V N V V N fV a' v m c > u populations of breeding herons and C .0 no LL m a ni a 5 5 ¢ Ln O z o egrets have disappeared in the past few decades. Plum Island was first Month documented as a major heron rookery and seabird breeding colony in the 1970s Figure 11. Average monthly numbers of bird species (Buckley and Buckley 1980), when up to detected on walking surveys, point-based surveys, and 26 pairs of Great Egret, 135 pairs of day lists by Audubon New York from April 2006 to Snowy Egret, 45 pairs of Black-crowned January 2012. Bars represent minimum and maximum Night-heron, 10 pairs of Glossy Ibis, two species numbers. The number in parentheses below pairs of Litde Blue Heron, and one pair each month is the number of surveys that have been of Tricolored Heron were recorded conducted in that month, across years. (Figure 12). (Note that Allen [1892] reported that a night-heron [species not given, but presumably black-crowned] colony was destroyed by the island's landowners in the 1880s to stop outside hunters from shooting at osprey that frequented the colony.) In the late 1970s Plum Island contained the largest colony of many of these species outside of the substantial heron rookeries of Nassau County (Buckley and Buckley 1980). Snowy Egret had the largest breeding population of any species, in the scrub-shrub wetlands near the southern tip of the island; it has not been documented breeding since 1995 (New York Natural Heritage Program 2011) or even present on the island in the last six years (Appendix b). Mossy This were also once numerous but declined substantially; at last count, this species has bred in only 29 locations in New York, with only eight of those sites active in 2007 (New York Natural Heritage Program 2012). They were documented as probable breeders on Plum Island in 2007 and 2009. Great Egret and Black-crowned Night Heron populations similarly have crashed in recent years, with only the Double-crested Cormorant increasing in breeding population (Figure 12). Tricolored and Little Blue Heron, each with just a handful of known breeding locations in New York, have bred on Plum Island off and on, although neither has been documented since 2001. 20 l New York Natural Heritage Program 300 Snowy Egret 250 ---Great Egret GI ossy Ibis 200 -•-Black-crowned Night Heron -k- Double-crested Cormorant M M 2 150 ,o X E ' , 100 ' e , - _ 1974-1978 1985 1990 1995 2000 2005 2010 r iIn/rnax Year Figure 12. Number of adults of five species of colonial waterbirds breeding on Plum Island from the 1970s (given as minima and maxima from 1974 through 1978, as per Buckley and Buckley [1980]) and 1985 through 2010. When number of pairs was reported, we doubled that value to yield a conservative estimate of the number of adults. The decline and eventual disappearance of the multispecies heronry on Plum Island can be convincingly traced to the introduction of raccoons in the mid-1990s. Raccoons are notorious nest predators and their introduction to islands they previously unoccupied has proven highly detrimental to the formerly insulated prey on those islands (Roemer et at. 2009). P. Spitzer (unpublished) documented a breeding Least Bittern in the large emergent marsh in the 1970s. The Least Bittern is listed as Threatened by New York State. This species has not been reported since. Plum Island used to be home to a substantial gull colony as well. In the 1970s Buckley and Buckley (1980) counted up to 1000 pairs of Herring Gull and 75 pairs of Great Black-backed Gull (Figure 13). While both species have been documented during the breeding season (Appendix B), the Long Island Colonial Waterbird Survey has not documented any breeding gulls in recent years (Figure 13). Although some species had declined since recorded maxima in the 1970s and 1980s, the sharpest declines, often to zero, happened after the apparent 1995 arrival of raccoons, which are common predators of colonial waterbirds (e.g., Ellis et al. 2007). 21 New York Natural Heritage Program Although the 8 Roseate Tern, federally and state listed as -E-Herring Gull 9 J Great Black-backed GUll Endangered , and c 6 Common Tern (Figure 14), state listed as 5 Threatened, do not 4 appear to breed on the `0 island, the island's shores A 3 E provide foraging and a' 2 - resting habitat for these species, which are easily 1 seen in the summer o months. Plum Gut, the 1974 1977 1980 1983 1986 1989 1992 1995 1998 2001 2004 2007 2010 deep channel between Year Plum Island and Orient Figure 13. Number of adults of Herring and Great Black-backed Gull Point to the west, is breeding on Plum Island from the 1970s (Buckley and Buckley 1980) known as a nutrient-rich and from 1985 through 2010 (NYSDEC). When number of pairs was and important foraging reported, we doubled that value to yield a conservative estimate of the area for both terns number of adults. (Burger and Liner 2005). At least one historical reference makes note of a former tern colony on the island (Bayles 1963). The Piping Plover, federally listed as threatened, has attempted to breed on the east-facing portion of the southern shore of Plum Island several times in the last decade. It apparently has never been common on the island; through 2011, only one or two nesting pairs have been documented in any given breeding season and nesting has only occasionally been successful (M. Gibbons, personal communication). Still, the presence of this species, like that of the hairy-necked tiger beetle (below), indicates a reasonably intact beach with little human disturbance. Waterfowl and shorebirds. In addition to hosting breeding populations of Canada Goose, American Black Duck, and Mallard, Plum Island apparently has breeding Common Eider, which if confirmed would constitute only the second breeding record for New York State, after nearby Fisher's Island (McGowan and Corwin 2008). The island and its surrounding waters also provide habitat for many species of wintering waterfowl (Appendix B). American Oystercatcher, a New York State SGCN, has been reported breeding on Plum Island somewhat erratically, with Figure 14. Common terns (Sterna birrrndo) off the numbers of pairs reported ranging from 0 to 5 shore of Plum Island, New York. Photograph by since 1985. Annette DeGiovine Oliveira and Sally Newbert. Raptors. Plum Island once contained one of the largest colonies, if not the largest colony, of breeding Osprey on the eastern seaboard. Allen (1892) reported nests numbering in the hundreds as of 1879, but extensive clearing in the late 1800s dramatically reduced the number of nests (Allen 1892, Latham 1959, Spitzer and Poole 1980), with most Osprey moving to nearby 22 4 New York Natural Heritage Program Gardiners Island. The population at Gardiners Island subsequently declined from over 300 nests in 1940 to 38 nests in 1970, resulting from increasing use of DDT and other pesticides over that time period (Spitzer and Poole 1980). The NYSDEC began regular monitoring of Osprey nests on Long Island in 1976 and have continued with varying coverage for 35 years (Table 4; Figure 15). On Plum Island, as on Gardiners, numbers of active nests and young produced rose in the 1980s before declining again in the mid-1990s (Figure 15), despite an overall increasing trend statewide (McGowan and Corwin 2008). A decline in important prey fish, namely menhaden and winter flounder, is suspected (P. Spitzer, personal communication; C. Safina, personal communication) The Osprey is currently listed as a state species of Special Concern, and Plum Island continues to provide reliable nesting habitat for this charismatic bird. Bald Eagles, state listed as Threatened, have been sighted on the island on several occasions and in several seasons (White and White 1981, ML Lamont, unpublished). Table 4. Osprey monitoring results from Plum Island and nearby Fishers Island, Gardiners Island, and Orient (North Fork of Long Island). Nest and young numbers are averages from 1976-2010. Data courtesy of NYSDEC and The Nature Conservancy. Fishers Gardiners Orient Plum Number of active nests 6.17 41.29 18.72 10.39 Percent of active nests successful 68.0% 54.3% 64.2% 59.7% Number of years of nest data 29 34 29 33 Number of years with productivity data 28 32 28 29 Number of young per active nest 1.25 0.85 1.21 1.10 Plum Island has had nesting Northern Harrier, state listed as Threatened, as recently as 2004 (New York Natural Heritage Program 2011), in grassy openings in the southern and north-central portions of the island. They have not since been documented nesting to our knowledge, although they are regularly seen in small numbers in most months of the year. USDA biologists detected Barn Owls near the "parade grounds"-the area of grassland near Fort Terry in about the center of the island (K. Preusser, USDA, personal communication). Barn Owls are known to breed in only 14 locations statewide (McGowan and Corwin 2008, New York Natural Heritage Program 2011), which makes this finding significant. No Barn Owls (or any owls, for that matter) have been documented in Audubon New York's surveys, owing to the lack of access for nocturnal surveys. Abandoned buildings and bunkers may provide good nesting habitat for Barn Owls, although it is possible that the species has disappeared from the island, mirroring the statewide decline (McGowan and Corwin 2008). Adding nesting platforms in the bunkers may improve habitat for Barn Owl, Eastern Phoebe, and possibly Black Vulture, which are increasing in the state. Northern Saw-whet Owls were also reported by USDA biologists. j 23 i4() New York Natural Heritage Program 80 70 Fishers 60 t Gardiners -A- Orient N v 50 t Plum c v ° 40 0 `w a E= 30 Z aLr ~~s 20 to ~L- n d 0 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 90 80 70 Fishers -i- Gardiners 8 6o -i&- Orient $ t Plum m 50 c 3 0 ° 40 A a a r it % Z 30 i `g s6 It i ~r t 20 u t Fr ed ~ Q ~ to A 0 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 Year Figure 15. Numbers of active nests (top) and young produced (bottom) of Osprey on Plum Island and nearby Fishers Island, Gardiners Island, and Orient on the North Fork of mainland Long Island. Data courtesy of NYSDEC and The Nature Conservancy. 24 J New York Natural Heritage Program Passerines. The island contains an active nesting colony of Bank Swallow, a species on the decline in New York (McGowan and Corwin 2008). As many as 287 individuals have been counted in the summer. In addition, Tree Swallows visit the island in huge numbers in late summer, with 5,735 individuals estimated on one September survey. The significance of Plum Island's position within the Atlantic Flyway and its potential value a stopover after an ocean crossing for passerines need further exploration. Winergy (now Deepwater Wind) conducted radar surveys in spring and fall of 2008 but the raw data remain unanalyzed. Audubon New York has documented thousands of passerines on the island in spring and fall (for example, 69 Yellow Warblers on a single survey in May, 136 Yellow-tamped Warblers and 153 White-throated Sparrows on single surveys in October, 193 Dark-eyed juncos and 700 American Robins on single surveys in November), an indicator of the island's value to migrating songbirds. Nineteen species of warblers have been documented to date. However, additional survey effort is needed, especially surveys timed with storm fronts, to describe adequately the abundance and richness of migrants using the island. Reptiles and amphibians Very little herpetological survey has been conducted on Plum Island, so here we document the known fauna and the potential based on records from the surrounding islands and mainland. Scientific names are given in the tables. Reptiles. Several species of turtles and one snake constitute the known reptilian fauna of the island. White and White (1981) reported "a few garter snakes and numerous box and spotted turtles," in 1995 a NYSDEC biologist reported painted and snapping turtles from the sewage treatment pond (NYSDEC 2009), and the same species were reported in the 2000s (ML. Lamont, J. Sepenoski, unpublished). A 2010 survey (T. Green, unpublished) found signs of painted and box turtles. In 2011 a garter snake was reported. The 2008 final environmental impact statement for upgrades to the facility (U.S. Department of Homeland Security 2008a) noted that diamondback terrapins were "common" on the island, but we have found no other documentation of this. The island has potential for many additional species of reptiles. The NYSDEC amphibian and reptile atlas database (NYSDEC 2009) records species by a grid of 7.5-minute topographic quadrangle ("quad's maps. The eight topographic quads surrounding Plum Island (Gardiner's Island East, Gardiner's Island West, Greenport, Montauk Point, Mystic [Connecticut], New London [Connecticut], Orient, and Plum Island)-a radius of approximately 15 to 25 km-include Great and Little Gull islands, Shelter Island, Gardiner's Island, Fisher's Island, and mainland locations including Orient Point and Montauk. A query of these quads yielded nine recorded species of snakes, nine species of terrestrial and freshwater turtles, and five species of sea turtles (Table 5), which must inform the potential fauna of Plum Island. The occurrence of several of these species would be significant. The eastern mud turtle, for example, is the rarest turtle in New York, known from only a handful of locations on Long Island, including nearby Robins Island (New York Natural Heritage Program 2011). Habitat for mud turtles includes freshwater and brackish wetlands, the latter of which are used particularly on Long Island (Gibbs et al. 2007). It is unknown if the wetlands on Plum Island are suitable for these turtles, and the species' ability to disperse to Plum Island from Long Island following Plum Island's isolation is unknown (see below under Amphibians). Spotted turtle is another SGCN that could occur in the freshwater wetlands on the island. Wood turtle, another SGCN, is less likely given its typical stream habitat (Gibbs et al. 2007). Eastern hognose snake, another SGCN and state species of Special Concern, which occurs on sandy soils on Long Island (Gibbs et al. 2007), is a possibility; however, its chief prey, toads (Gibbs et al. 2007), have not been documented on the island to date. 25 d New York Natural Heritage Program Table 5. Snakes and turtles with potential for occurring on Plum Island, New York, or in the nearby waters, based on their occurrence in the seven USGS topographic quads surrounding the island (NYSDEC 2009). Those already reported from Plum Island are noted. Common name Scientific name S-rank Reported from Plum Island Snakes Common gartersnake Tbamnopbit sirtalis S5 Y Eastern hognose snake Hetemdon platirhinos S3$ Eastern milksnake Lampropeltis t. triangulum S5 Eastern ribbonsnake Tbamnopbis s. sauntus S4t Northern black racer Coluber c. constrictor S4t Northern brownsnake Storena d dekayi S5 Northern ringneck snake Diadophispunctatus edwardsu S5 Northern watersnake Nemdia s. sipedon S5 Smooth greensnake Liocbloropbts vernalis Sot Turtles Common musk turtle Sternotherus odoratus S5 Common snapping turtle Chelydra s serpentine S5 Y Eastern box turtle Terrapene c. carolina Sat Y Eastern mud turtle Kinosternon s. subrubrum sit Eastern painted turtle Cbrysemysp. pitta S5 Y Northern diamondback terrapin Malaclemys t. terrapin Sat Y Red-eared slider Tracbemys sa pta elegans SNA Spotted turtle Clemmysguttata S3t Y Wood turtle Gyptemys insculpta Sat Atlantic hawksbill Eretmocbelys i. imbricate SNA$ Atlantic ridley L,epidocheys kempii SINt Green turtle Chelonia mydas S1Nt Leatherback Dermochelys coriacea SIN t Loggerhead Caretta caretta SINt tSpecies of Greatest Conservation Need Five species of sea turtles, all federally listed, have potential to be found in the waters surrounding Plum Island (Table 5) (Morreale et al. 1992, NYSDEC 2009), but no information is available indicating their use of waters immediately adjacent to Plum Island. One of the only studies on sea turtle movements in the area (Morreale and Standora 1993) documented turtles around Orient Point but not Plum Island, although it is unclear whether the researchers had access to the island. Sea turtles frequent eelgrass meadows (also known as "seagrass beds"), where they forage primarily on crabs (Burke et al. 1993). A field assessment is needed to determine whether the eelgrass meadow in Plum Gut Harbor (Figure 3; Figure 6) could provide the prey density and low human disturbance (Hazel et al. 2007) that would constitute suitable habitat for sea turtles. It is worth noting that with a warming climate we can expect greater numbers of sea turtles moving northward (Hawkes et al. 2009) into Long Island's waters. Amphibians In 1964 the naturalist Roy Latham reported the green frog as "common" (NYSDEC 2009); that sighting constitutes the only amphibian documented on the island to date. Nearby islands and the mainland support or have supported 10 species of frogs and eight species of 26 4 New York Natural Heritage Program salamanders (Table 6). Some species, if detected on Plum Island, would be especially noteworthy, but it is unknown if Plum Island's wetlands and ponds are suitable for these species. Leopard frogs have apparently disappeared from Long Island, and Long Island's leopards are now believed to have belonged to a newly described (and as yet unnamed) species that appears to be of significant conservation concern (Newman et al. 2012). A leopard frog was collected on Gardiners Island and noted as "common" by Roy Latham in 1922 (NYSDEC 2009). Northern cricket frogs have likewise been extirpated from Long Island for unknown reasons. They were known historically from the town of Southold (New York Natural Heritage Program 2011). The eastern spadefoot is a cryptic toad of sandy substrates that is known from a handful of localities on Long Island, including nearby Southampton, East Hampton, and Shelter Island (NYSDEC 2009). Finally, the eastern tiger salamander, which is state-listed as Endangered, occurs in coastal plain ponds. It was documented as close as Shelter Island by Roy Latham in 1944 (NYSDEC 2009). It has declined from destruction of breeding habitat and forest fragmentation. The glacial history of the region might offer clues as to whether some of these Long Island amphibian and reptile rarities might occur on Plum Island. It is useful to remind ourselves that herpetofauna were extirpated from glaciated regions during the Pleistocene, and thus the modern herpetofauna consists solely of what has established or recolonized in the last 10-12,000 years. Plum Island itself was not isolated from the mainland until approximately 6,000 ybp and many of the more southern species like tiger salamander and eastern spadefoot toad had not yet arrived in the region (C. Raithel, personal communication). Still, animals do disperse across unsuitable terrain, with and without the help of humans, so the presence of these rarities cannot be ruled out. The low diversity of documented amphibians could also be a result of salinity in the freshwater marsh resulting from overwash during storms. The degree to which overwash affects freshwater salinity is undoubtedly site- and storm-specific. Many amphibians are known to be sensitive to increased salinity but studies have been equivocal in their documentation of this (see Gunzburger et al. 2010). On an island where chances for recolonization are slimmer, storm surges may have longer-lasting effects than have been documented in other locations. 27 New York Natural Heritage Program Table 6. Frogs and salamanders reported from the seven USGS topographic quads surrounding Plum Island, New York. Only the green frog has been reported from Plum Island. Common name Scientific name S-rank Frogs Bullfrog Rana catesbetana S5 Eastern spadefoot ,Scaphiopus holbsookii S2S3$ Fowler's toad Bufo fowleri S4$ Gray treefrog Hyla versicolor S5 Green frog Rana clamitans S5 Leopard frog Rana sp. nov. Northern cricket frog Acre crepitans sit Northern spring peeper Pseudams crucifer S5 Pickerel frog Ranapalusins S5 Wood frog Rana sylvatica S5 Salamanders Blue-spotted salamander Ambystoma laterale S4$ Eastern tiger salamander Ambystoma hSrinum S1S2$ Four-toed salamander Hemidacohum scutatum S5$ Jefferson salamander Ambystomajeffersonianum S4$ Marbled salamander Ambystoma opacum S# Northern redback salamander Plethodon cinereus S5 Red-spotted newt Notopbthalmus viridescens S5 Spotted salamander Ambyrtoma maculatum S5 $Species of Greatest Conservation Need *Long Island's leopard frogs are now considered a new species (Newman et al. 2012). Rana sphenocephala, the species formerly assigned to Long Island's leopard frogs, is an SGCN ranked S1S2. Fish Marine fuh. No systematic survey of the waters surrounding Plum Island has been conducted to our knowledge, so we draw on data from the surrounding region to inform the likely fish fauna of Plum Island. Plum Island sits in a highly productive marine environment, as evidenced by the diversity of species of fish and invertebrates recorded in nearby estuaries. Stone et al. (1994; see also http://ccma.nos.noaa.gov/ecosystems/estuaries/ehnr.aspx) reported on fish and invertebrates collected in Mid-Atlantic estuaries from the late 1980s and 1990s. Three sample sites near Plum island -Long Island Sound, Gardiners Bay, and the Connecticut River (Figure 1)-had among the highest species richness of adult fish and invertebrates of the 16 sites sampled, in all salinity zones (Figure 16). The same pattern held true for other life stages (Stone et al. 1994). Nine years of surveys in Peconic Bay to the southwest of Plum Island, between the two "forks" of Long Island (Figure 1) yielded 74 species of marine fish in 41 families, with six species- bay anchovy, winter flounder, weakfish, windowpane, Atlantic silverside, and scup-comprising most of the individuals caught (Weber et al. 1998). Notable species found in these surveys include shormose sturgeon (Acipenser brevirostrum), federally and state listed as Endangered, and Atlantic sturgeon (Acipenser oxyrinchus), federally listed as Endangered. In addition, 26 species in the surrounding bays and estuaries are considered SGCN (New York State Department of Environmental Conservation 2005) (Table 7). 28 4 New York Natural Heritage Program 60 GARDINERS BAY = LONG ISLAND SOUND 50 LONG 6LAPffRNE D CANEF6 IlRN1-R GARDINDINERS BAY N 40 a U W CL w c 30 • CU a E Z LONGLSLANDSOUND 20 CONNECIKUrRNER • • 10 0 Seawater zone Mixing zone Tidal fresh zone Salinity zone Figure 16. Numbers of species of adult fishes and invertebrates detected in Mid-Atlantic estuaries, 1985-2000. Three sample sites surrounding Plum Island, New York are labeled. Data are from hap://ccma.nos.noaa.gov/ecosystems/estua.ties/elmr metadata feb20l l txt and Stone et al. (1994). Table 7. Marine fish documented from Long Island Sound, Gardiners Bay, Peconic Bay, and the Connecticut River estuary in the 1980s and 1990s that are considered Species of Greatest Conservation Need. S-ranks do not reflect the current state of knowledge for this group and are therefore not reported. Common name Scientific name Common name Scientific name Alewife Alosa pseudobarmps Bay anchovy Anchoa mitchilli j American eel Anguilla rortrata Blueback herring Alosa aestivalis American shad Alosa sapidissima Clearnose skate Raja eglanteria Adantic salmon Salmo salar Common pipefish Syngnathus fuscm Atlantic silverside Mewdia menidia Cownose ray Rhinoptera bonasus Atlantic tomcod Mirmgadus tomcod Cunner Tautogolabms adrpmus Bamdoor skate Dipiurus lamis Fourspine stickleback Apeltes quadn=.F 29 4 New York Natural Heritage Program Common name Scientific name Common name Scientific name Lined seahorse Hippocampus erectus Tautog Tautoga antis Little skate Leucoraja erinacea Threespine stickleback Gastemsteus aculeatus Menhaden Brevoortia tyrannus Winter flounder Preudopleuroneaes Northern puffer Sphoemides maculatus amencanus Oyster toadfish Opsanus tau Winter skate Leucoraja ocellata Rainbow smelt Osmerusmordax Roughtail stingray Dasyatu centroura Sandbar shark Carcharhinusplumbeus Freshwaterfish. No surveys of Plum Island's freshwater fish fauna have been conducted to our knowledge, nor are data on freshwater fish available for nearby islands and the mainland. Without more information on the microhabitats and water quality in the emergent marsh, it is difficult to predict what freshwater fish species might occur there. Seventy-nine species have been detected in NYSDEC's freshwater and estuarine surveys throughout Long Island (NYSDEC 2012). Invertebrates The insect fauna of Plum Island is poorly known. Here we highlight known and potential species from some major groups-Odonata (dragonflies and damselflies), Lepidoptera (butterflies and moths), and Coleoptera (beetles). Little is known about other groups. Dragonflies and damse~flies. No historical records of odonates have been located for Plum Island (N. Donnelly, personal communication), and no surveys were conducted there for the recent five-year atlas of New York's dragonflies and damselflies (White et al. 2010). An August, 2005 visit (ML. Lamont, unpublished) produced five species (Table 8), including one (seaside dragonlet) that is rare in the state, but clearly the odonate fauna is undersampled. Suffolk County, with its mix of coastal marine and freshwater ecosystems, is one of the richest in species in the state, with 96 species documented through 2009 (White et al. 2010). Plum Island has the potential for several rare species that are known from nearby islands or the mainland (Table 9). Table 8. Dragonflies and damselflies recorded from Plum Island, New York in 2005. Courtesy of ML. Lamont. Common name Scientific name S-rank Northern bluer Enallagma annexum S4 Seaside dragonlet Erythmdiplax berenice S2 Black saddlebags Tramea lacerata S5 Blue corporal Ladona deplanata S4 Common whitetail Platbemis Lydia S5 Table 9. Rare dragonflies and damselflies with the potential to occur on Plum Island, New York. Common name Scientific name S-rank State listing Atlantic Bluer Enallagma doubledayi S1S2 Banded Pennant Celithemis fastiata S3 Bar-winged Skimmer Libellula axilena SNA Blackwater Bluet Enallagma weewa S1 30 44) New York Natural Heritage Program Common name Scientific name S-rank State listing Blue Corporal Ladona deplanata S4 Citrine Forktail Ischrtura bastata S3 Comet Darner Anax longipes S2S3 Common Sanddragon Progomphus obsatrus S1 SC Double-ringed Pennant Celithemas Perna Sl Four-spotted Pennant Bracbymesiagravida S1 Golden-winged Skimmer Libellula auripennis Sl Great Spreadwing Arcbilestesgrandis SNA Lilypad Forktail Ischnura kelk'cotti S3 Little Bluer Enalla Mantled Baskettail Epitheca semiaguea S2 Martha's Pennant Celitbemis martba S2 Mottled Darner Aesbna clepsydra S4 Needham's Skimmer Iibellula needbami S3 New England Bluet Enallagma laterale S3 Petite Emerald Dorocordulia lepida S3 Pine Barrens Bluet Enallagma rewivatum Sl T Rambur's Forktail Iscbnura ramburii S2S3 Scarlet Bluet Enallagma pictum S2 T Southern Sprite Nehalennia integricollis Sl SC Yellow-sided Skimmer Libellula f7avida Sl Beetles. In 2009, as part of a statewide status assessment of rare tiger beetles, New York Natural Heritage Program contractor Jonathan Mawdsley surveyed the beach of Plum Island from Fort Terry to Plum Gut Harbor for rare beach tiger beetles. He did not detect the beach-dwelling northeastern beach tiger beetle (Cicndela dorsalis dorsalis), which is federally listed as Threatened. However, the largest population documented in New York to date of the hairy-necked tiger beetle (Cidndela hirticolli.) was confirmed. An historical record was based on a 1949 specimen housed at the American Museum of Natural History. The presence of the hairy-necked tiger beetle indicates intact beach structure and little vehicle traffic on this stretch of beach-vehicles compact the beetle's larval burrows and crush larvae, and are considered responsible for the decline of this species elsewhere on Long Island (Schlesinger and Novak 2011). Plum Island is a prime location for the potential discovery or reintroduction of the American burying beetle (Nicropborus americanur), federally fisted as Endangered. This species is known historically from the town of Southold, at least as close as Orient, and from Montauk Point (New York Natural Heritage Program 2011)-the two closest points on mainland Long Island. Further, the only known extant population in the eastern U.S. occurs on Block Island, Rhode Island, 46 kilometers away. On Block Island, the American burying beetle occurs in "a post-agricultural maritime scrub plant community" (Raithel 1991), which could easily describe some of Plum Island's natural communities. Further, Plum Island's low abundance of mid-level predators and scavengers suggests that burying beetles would experience lower competition for carrion there, a situation which facilitates their persistence on Block Island (Raithe12002, Sikes and Raithel 2002). No surveys for American burying beetle have been conducted to our knowledge on Plum Island, nor are any mentioned in the 5-year review of the species' status (U.S. Fish and Wildlife Service 2008). 31 dY New York Natural Heritage Program Butterflies and moths. Our knowledge of the leptidopteran fauna of the island is limited to observations of nine butterfly species from August 2005 (ML. Lamont, unpublished; Table 10). Undoubtedly the potential exists for many more butterflies. We have not located any records of moths for the island; however, based on the island's geographic setting, known natural communities (Figure 3), and known flora (Lamont et al. unpublished), we estimate that the island has the potential for 43 species of moths listed by the New York Natural Heritage Program as rare (Table 11). Our list contains NYNHP-listed species most likely to occur on the island, but there are potentially a dozen other species in each category that might occur on the island should the host plants be found, including several species of Papaipema. The habitats most likely to contain rare species are the dune backs, especially in fresh-water swales, and freshwater wetlands. We have listed the host plants of the species we have identified as potentially occurring on Plum Island in Table 11. Finally there are several species of moths that may occur on the Plum Island that are not currently recognized as rare but appear to meet the criteria for rarity, including Epicemasia solitaria, Tacparia Zalissaria, Paonias astylus, Neohgia semicana, Meropleon ambifusca, Meropleon diversicolor, Amolita roseola, and Epiglaea apiata. And several species of "micro" moths in the families Pyrali dae and Tortricidae that are either rare or have limited ranges are likely to occur on the island, including Phaneta clavana, Phaneta annetteana. Eucosma lathami, Crambus satrapellus, Haimbachia albescens, Pima albiplagiatella and Peoria bipartdtella. Several of these are particularly interesting because they have disjunct ranges, occurring in the Great Plains and along the eastern seaboard (Metzler et al. 2005). Table 10. Butterflies recorded from Plum Island, New York in 2005. Courtesy of ML. Lamont. Common name Scientific name S-rank Cabbage butterfly Pierit rapae SNA Orange sulphur Colias eurytbeme S5 Eastern tailed blue Everer comyntas S5 Painted lady Vanessa cardui S5 Red admiral Vanessa atalanta S5 Monarch Danausplexippus S5 Silver-spotted skipper Epargyreus clarus S5 European skipper Thymehcur lineola SNA Hobomok skipper Poanes hobomok S5 Table 11. Moth species designated as rare by the New York Natural Heritage Program with the notential to occur on Plum Island, New York. Species S-rank Host plant Abagrotit nefascia S1S3 Amelanchier Acronicta albarufa S1 Quercur Agrotis stigmosa SU Achillea millefolium Apamea burgessi SU Unknown; grasslands Apamea inordinate Sl Unknown; grasslands Apamea lintneri SU Arenaria Cistbene packardii SU Lichens Citheronia regalis SI Sumac, Prunus Dargida rubripennit SU Panicum virgatum Derrima stellata SNA Unknown 32 New York Natural Heritage Program Species S-rank Host plant Dichag ris acclitis S2S3 Panicum virgatum Doryodesgrandipennis SU Spartina patens Drastenagraphica SU Hudsonia Euchlaenamadusaria Sl Vacanium Eucoptocnemisf:mbiiaris Sl Unknown Eumacana madopata S2S4 Prunus Euxoapleuntica S2S3 Unknown Euxoa tiolaris SU Unknown; sandy areas Fagitanalittera S2S3 Thylypteruspalustris Feltia manifesta SU Unknown; sandy areas Hypome xs umbmsaria SU Quercus Recta intractata SNA Unknown Lagoa crispate SU Many woody plants Leucania extinct SNA Unknown: wetland grasses Marimatba nigrofimbria SH Digitaria sanguinalis Metalectra ricbardsi SU Unknown; presumably fungus Metaxaglaea semitana SU Vacanium Mods texana SU Grasses ,#a bridghami SU Unknown 0# Parasa cbloris SU Many woody plants, especially Querrur Parasa indetermina SH Many woody plants Psaphida thaxteriana SH Quercus Rena nemoralis SU Unknown; presumably dead leaves Schinia spinosae SU Aster novae-angliae Schinia tuburculum S2 Pftyopsis falcate ScbiZura apicalis SU Vacanium, Populus, Quercus ilicifolia, Viburnum Sencaglaea signata SH Prunus, Quercus Sidendis maryx S2S3 Unknown Sphinx drupiferarum SU Prunus Spbinxgordius S1S3 Vaccinium, Gaylusacaa, Comptonla Sympistisperscni to Sl 1-inar7acanadensis Sympistis ribaria SU Unknown; sandy areas Virbiaaurantiaca SU Various forbs Other insects. White and White (1981) sampled Plum Island for insects known to act as vectors for disease. They detected 22 species of Culicidae (mosquitoes), including species known to breed in woodland pools, salt marshes, freshwater swamps, tree holes, and rock holes, some of which they conclude must have blown in from breeding locations in Orient Point or Gardiner's Island. They also detected the dipteran families Ceratopogonidae (biting midges), Tabanidae (horse and deer flies), Muscidae (house flies and kin), Sarcophagidae (flesh flies), Calliphoridae (blow flies), Cuterebridae (hot flies), as well as the orders Mallophaga (chewing lice), Siphonaptera (fleas), and Acarina (mites). For none of these groups have the commonness or rarity of individual species been studied sufficiently to warrant tracking by NY Natural Heritage. Marine invertebrates. Nothing is known about Plum Island's marine invertebrates. The marine rocky intertidal community is rare in New York (10 mapped occurrences) and has a distinct suite of associated invertebrates; the community on Plum Island has not been inventoried. Seven 33 New York Natural Heritage Program invertebrate SGCN have been documented in surrounding waters (Stone et al. 1994, Weber et al. 1998): American lobster (Homarus americanus), bay scallop (Argopecten irradians), blue crab (Callinectes sapidus), blue mussel (Mytilus edulis), hard clam (Mercenaria mercenaria), horseshoe crab (Umulus pobphemus) and oyster (Crassoshra virginica). Of particular interest is whether Plum Island provides habitat for spawning horseshoe crab, an important prey item for sea turtles and migrating shorebirds (Karpanty et al. 2006). Plants History of plant collection Vascularplants. The first botanist to record plants from Plum Island was Charles B. Graves, a noted botanist from Connecticut. He reported the state rare Scotch lovage (L.igusticum scothicum) from the north shore of the island in 1895 (Graves 1896). In 1915 Norman Taylor, curator of plants at the Brooklyn Botanic Garden, made plant collections on Plum Island, three of them state rare, and deposited them at Brooklyn but he never published the collections he made. Kaleb P. Jansson, a plant collector from Groton, Connecticut, collected 32 plants, three of them state rare, on Plum Island in 1932 and they are deposited at the Graves Herbarium at the University of Connecticut. From 1932 to 1984 there is no additional information on the flora of the island. Bob Zaremba, a botanist from the New York Natural Heritage Program, visited the island in 1984 and observed the rare creeping spikerush (Eleochani fallax) in a dry pond near the wastewater treatment plant but no other plants were noted. In November of 1989 New York Natural Heritage Program botanist Peter Zika and botanist JerryJenkins visited the island to look for rare plants. While no rare plants were found they did compile a list of 66 plant species they observed during their daylong stay. In 2002 Long Island botanists Eric Lamont and Richard Stalter (unpublished data) began a 7-year study of the flora of Plum Island. They collected 391 species within 246 genera and 89 families and along with historical records there is a total of approximately 420 species. Genera with the largest number of species collected were Cyperus, Panicum, and Carex. They noted that native species are still a major component of the natural vegetation. Bryophytes. We could find no evidence of herbarium studies or recent collections of this group of plants on Plum Island. Roy Latham, a noted naturalist from Orient, published a list of bryophytes from the Town of Southold and Gardiners Island from 1914 through 1925 (Burnham and Latham 1914x, 1914b, 1917,1921a, 1921b, 1923a, 1923b, 1924, 1925) and it would be expected that many of the species on Plum Island would be on that list. Algae. The history of the collection of marine algae around Plum Island is unknown. There have been no herbarium studies or recent collections of this group of plants (L. Liddle, personal communication). About 20 years ago L aminaria and other large species were observed during a dive in Plum Gut. Fungi. Though fungi are not plants, we treat them here. No studies or collections of the fungi of Plum Island exist (M. Horman, personal communication). Roy Latham, a noted naturalist from Orient, published a list of fungi from the Town of Southold and Gardiners Island from 1914 through 1925 (Burnham and Latham 1914a, 1914b, 1917, 1921a, 1921b, 1923a, 1923b, 1924, 1925) and it would be expected that many of the species on Plum Island would be on that list. Plum Island flora The plants of Plum Island can be considered part of the flora of the Atlantic coastal plain of New York. It is probably similar to the other vegetation in nearby Orient and Fishers Island but no scientific comparisons have been made. Since the island has been heavily disturbed in the last 300 years many new exotic plants have been introduced and a few of them have become invasive 34 New York Natural Heritage Program j monocultures in some parts of the island. For over 200 years the island was farmed and grazed and probably dominated by grassland species with few shrubs and trees. The wetlands on the southeast corner of the island and the gravelly knob on the northwest side of the island may have preserved larger woody plants where farming and grazing was not possible. The construction and operation of Fort Terry, beginning in 1898, completely changed the human management of the island and the vegetation probably started to change again as farming and grazing ceased and new installations were built. In 1918 the fort reverted to caretaker status and except for its use for five years as a base in World War II, there was far less disturbance. More woody plants probably began to grow into cleared areas although the parade ground grassland continued to be mowed at the old Fort Terry. After World War II the decommissioning of the fort and the construction of the USDA facility had some impact on the vegetation (purple loosestrife was introduced) but much of the island has been kept in a natural state since then. Rare, protected, and otherwise noteworthy plants Plum Island, with 16 recorded rare plant species (fable 12; Table 13), has one of the highest concentrations of rare plants in New York State, similar to the situation on Fishers Island, a short distance to the northeast (Fishers Island has the highest concentration in the state with 27 species). Both islands are part of the "outer lands" of the Ronkonkoma moraine islands east of Long Island and contain a variety of habitats that support rare plants that only occur on the coastal plain of New York. Other large tracts of natural area on Long Island, surrounded by development, often have a large number of rare plants as well. Fishers Island contains nine of the same rare plants as Plum Island and another adjacent natural area, Orient Beach State Park, contains five of the same rare species (New York Natural Heritage Program 2011). This demonstrates the similarity of the floras of these adjacent natural areas. Only two of the sixteen rare plants recorded from Plum Island occur inland of the coastal plain. Although there is a high number of rare species on Plum Island, the populations are small compared to other populations of these species. The one exception is spring ladies-tresses, a rare orchid with a large population on the island. Conservation guides for all NYNYP-tracked rate plants recorded from Plum Island are available at http://guides.nynhp.org[ and included in a separate document as Appendix C. Fourteen rare plants are extant, having been discovered since 1984 (Table 12; Figure 17). Six of these species have fewer than six populations in the state and are listed as endangered. Five species have fewer than 21 populations in the state and are listed as threatened. Three species have more than 20 but fewer than 50 populations in the state and are listed as rare. Six rare plants are considered historical since they have not been found in the previous 30 years (Table 13; Figure 18). Three of the species (salt-marsh spikerush, mock bishop-weed, and Northern blazing star) were found in 1932, bushy rockrose in 1915, Atlantic white cedar sometime before 1915, and Scotch lovage in 1895. There is still habitat for five of the species and they still may yet be found. The stumps of Atlantic white cedar trees can still be seen in the northwest corner of the deep emergent marsh, but no live trees remain and we consider this species extirpated from the island. All rare species are on the state protected list with the ranks endangered, threatened, or rare. Another category of protection, exploitably vulnerable, covers those native plants that are usually showy and likely to be picked or dug up although they are not rare in the state. They include ferns, orchids, shrubs, and other showy wildflowers. There are fifteen plant species in this category on the island (Table 14). Two species, Asclepias vertinillata (whorled milkweed) and Lobelia spicata (pale-spiked lobelia), although common in New York State, are rare on the coastal plain and were collected during the most recent surveys by Lamont and Stalter (E. Lamont, personal communication). 35 New York Natural Heritage Program Table 12. Existing rare plants recorded from Plum Island, New York. State Common name Scientific name S-rank listing Marsh Straw Sedge Carex hormathodes S2S3 T Fernald's Sedge Carex mema-femaldii S2S3 T Red-rooted Flatsedge Cyperus erythmrhi!Zos S3 R Great Plains Flatsedge Cyperus lupulinus ssp. lupulinus S1 T Coast Flatsedge Cyperuspolystachyosvar. texensis S1S2 E Retrorse Flatsedge Cyperus retrorsus ssp. relmmis S1 E Velvet Panic Grass Dichanthelium scopanum S1 E Creeping Spikerush Eleocharis fallax S1 E Large Fruited Fireweed Erecbtites hieraciifolius var. megalocarpus S1 E Oakes' Evening Primrose Oenothera oakesiana S2 T Crossleaf Milkwort Polygala owaata var. aguilonia S3? R Seabeach Knotweed Polygonumglaucum S3 R Wild Pink Silene carokniana ssp. pensylvanica S2 T Spring Ladies-tresses Spiranthes vernahs S1 E Table 13. Historical rare plants recorded from Plum Island, New York. State Common name Scientific name S-rank listing Atlantic White Cedar Chamaecypans thyotdes S2 T Bushy Rockrose Crocantbemum dumosum SI E Salt-marsh Spikerush Eleochwis uniglumis var. halophila S2 T Northern Blazing-star I.iatns scanosa var. novae-angh'ae S2 T Scotch Lovage Ligusticum scotbicum ssp. scothicum SI E Mock Bishop-weed Ptilimnium capillaceum S3 R 36 New York Natural Heritage Program Table 14. Protected Exploitably Vulnerable plants recorded from Plum Island, New York. State Common name Scientific name S-rank listing Cudeaf Grape-fern Botgehium dissectum S5 V Spotted Wintergreen Chimaphila maculata S4 V Fan Club-moss Diphastastrum digitatum S5 V Spoon-leaved Sundew Drosera intermedia S4 V Evergreen Woodfern Dryopteris intermedia S5 V Common Winterberry Ilex vertiallatus S5 V Turk's-cap Lily Lilium superb= S4 V Northern Bayberry Morelia caroliniensis S4 V Cinnamon Fern Osmunda cinnamomea S5 V Royal Fern Otmunda regalis S5 V Green-fringed Orchis Platanthera lacera S4 V Swamp Azalea Rhododendron viscosum S5 V Nodding Ladies-tresses Spirantbes cernua S4 V New York Fern Thebteris noveborascensis S5 V Marsh Fern The&teris palusins S5 V Invasive plants Invasive exotic plants were not recorded on the island until 1989 when Zika and Jenkins recorded European common reed (Phragmites australis), black locust (Robinia pseudo-acacia), and multiflora rose (Rosa multtAm). Since little vegetation work had been done in the decades preceding their visit it isn't known when or how these invasives were introduced. The flora work of Lamont and Stalter found Asian bittersweet (Celastrus orbiculatus), Japanese honeysuckle (L.onicera japonica), bush honeysuckle (Lonicera morrown), purple loosestrife (Lythnrm salicaria), cottonwood (Populus deltoides), privet (I Jgustrum vulgare), and autumn olive (Eleagnus umbellatus). The Asian bittersweet and Japanese honeysuckle are smothering large areas of native vegetation. The purple loosestrife was introduced during the construction of the sewage treatment ponds and is invading adjacent natural wetlands. The cottonwood and European common reed are becoming common also. The remaining species are infrequent so they could be eliminated while they are at low levels. But, compared to the plants that were available to succeed human and natural disturbance in the 1800s and early 1900s, many more exotic invasive species are now growing in New England and Long Island that have an opportunity to colonize these disturbances on the island. Most of the invasive plants have probably been on the island for some time since they have become well established and will take much effort to remove. Many of the human activities such as road and trail building, military and laboratory installations and the constant traffic of humans to and from Long Island provide adequate pathways and vectors for invasive species to become and remain established. 37 Ail New York Natural Heritage Program w ~ Slene camliniene ssp. pensylvani® ~ ei 19 ea a I.s * a F~oner sa s n7 > sa - il - PI m steele`ab' ° rd Ta v A. > 5 yy PLUM MLAND ANIMAL ® DIeMAae CXXTqR AI w p 101 IOp'® IIPOK IDRDA1 i) /d Sa f 1. as 1~$ A ~D a YT'4:9A w N )T d „ Fu ~ 9M ! :A. * lvtM,:. ~ $ le a0 Y a F I CarexhoimalWcles PIum IMe CypemsluPUgnueasPlupulinus ae LWhlhou Cypems pulystachyea vv. talm neis B Y[ um Gut l' Middle HMrLer; re n ° "Y Cypems mtrorsua ssp. reoorsus rifUUnC~a Y ra il' Cichanthelium moparium ~i Beacharis (allax Nt~ ./~y` EreellUes himeciHalius Ym. me aloce us p.E 1W ~4 ~ pt Polygwum glaucum B rP R' O OenMhera oakeaiene o nas ~ na lne Point % . Polygonum glaucum \EJn - Slane carogniam rep pensyNenire N Y« b kh'>vY HUity~ Pwa~am 116 /JI 1'U IIJ Teti Spiranlhee vema4a Figure 17. Extant rare plant occurrences on Plum Island, New York. The exact location of Carex mmitt fernakki is uncertain; thus, it is mapped to the whole island and not depicted here. Cypmis erythrorhi~,os and Poly gala cruawa var. aquilonia are not mapped, as their conservation status does not merit full tracking by NY Natural Heritage. 38 4 New York Natural Heritage Program BI rY ~ 50 ~1 /10 Bl ~ 9 /Id a 4 'Y a, d lY r 95 pl In nl • ? v PLUM I/LAND ANIMAL IUSDAI ffi p aY 16 9J ~ A ~ 12 Z' xs Plum um. ,3 ' 1 4 YI Liyh{hnn 7a' 13 Plum x n Middle v: HM 14 Groumra Chamaacypons threads. ea a Crotanmemum dumoaum w a'a f{/~~~.{ ~4/ n n BaaChaN9 anlyhlnNa VBL M1ainphllf W T4" E rw Pt liatna aranaaa var. novae-dnygat S lot Paint o nab na _ % - ligaadmrm xDMiam sap. acoMiam Afd.. A4v 1LtNand FW:oy PmRw 'I' /Yd Ill RbiOII ~ , Figure 18. Historical rare plant occurrences on Plum Island, New York. Management and restoration Threats to Plum Island's native biodiversity include invasive species, the potential for residential development, climate change, and on- and offshore energy development such as wind and underwater turbines. A full treatment of threats to the island's biodiversity is beyond the scope of this report. However, should the opportunity become available for ecological management and/or restoration, a consortium of stakeholders could contribute to a vision of a desired future condition for the island, which will direct appropriate action. Here we briefly outline some possibilities to enhance the biodiversity value of the island. Additional and complementary actions, mostly related to birds, and for a larger area, are spelled out in "Conservation Strategies for the Orient Point to Plum Island Important Bird Area" (The Orient Point to Plum Island Conservation Committee 2009). • Restoration of marsh hydrology. A drying trend in the wetland complex north of Pine Point is evidenced by the spread of woody vegetation into former stands of cattail and open water since the 1970s (P. Spitzer, personal communication), presumably resulting in the presence or expansion of the highbush blueberry bog thicket. Determining the precise degree to which the wetland's hydrology is altered and allowing the natural regime to recover could be critical for 39 i7! New York Natural Heritage Program restoring the biodiversity expected in this diverse wetland complex on the Coastal Plain. An investigation into the effects of the sea gate and dredged channel mentioned by Crandell (1962) is warranted. In addition, as the natural hydrologic regime recovers, it may be worth exploring the possibility of restoring the former Coastal Plain Atlantic white cedar swamp in the northwest corner of the marsh. • Eradication of raccoons. The accidental introduction of raccoons in the mid-1990s is the near- certain culprit for the decline and eventual disappearance of the multispecies heronry in the wetland and gull nesting colony in the sandy dune grass meadow to the southwest, plus alteration of osprey nest-site selection. Raccoons are also notorious predators of other species known or expected from Plum Island, as well as those that may occur there in the future, such as Piping Plover (Doherty and Heath 2011), American Oystercatcher (Sabine et al. 2006) , diamondback terrapin (Feinberg and Burke 2003), and sea turtles (Barton and Roth 2007). Although the USDA continues to trap and remove problem raccoons, eradication has not been a stated goal. Elimination of raccoons would probably restore the ground-nesting gulls, so island personnel would have to consider gulls' role as accidental disease vectors, although this was not discussed as a problem during the times of breeding gull abundance in the 1970s (P. Spitzer, personal communication). The incredible restoration success of Great Gull Island in re- establishing huge breeding colonies of seabirds (Hays 2007) could provide a model for what might be worth attempting on Plum Island, given its history of seabird use, albeit at a smaller scale. Restoration of gulls might, in turn, alter the vegetation of the southern tip of the island through the intense seasonal deposition of gull guano that formerly prevented encroachment of woody plants, as appears to be the case on nearby Gardiners Island (P. Spitzer, personal communication). Raccoon extermination might not entirely restore the heronry if food sources on the island have been reduced too much by the drying trend of the marsh. • Targeted removal of invasives. Should removal of invasive species be desirable, a seven-step protocol is recommended (adapted from O'Brien et al. 2010): 1) Write an Invasive Species Management Plan (e.g., O'Brien et al. 2010). 2) Inventory the species. A complete inventory of the location of all the invasives should be done. Survey, observation, and management data can be entered into the iMap Invasives database: htg2://imapinvasives org/r;yimi/home/. 3) Run the species through The Nature Conservancy's Decision Analysis Tool (j=•//cone rvo li? or / ig ]/an imaci, ve plant management~cion-an lyci%tmD, which helps prioritize which species to control and assess costs and benefits of various actions. Funding should be secured for at least 2 years with the likelihood of long-term funding, especially for common invasives. 4) Control the high-priority species. Select control methods and develop removal plans. 5) Perform restoration if necessary. Restore treatment sites to the preferred ecological state following the removal of invasive species. 6) Monitor and maintain native ecological systems. Monitor sites to prevent re-invasion and to identify and maintain areas free of invasive species. 7) Promote stewardship. Train, educate, and provide outreach to staff and the public in order to provide support for successful invasive species control efforts. • Restoration (or establishment) of maritime grassland throughout the panhandle. The 13 acres of successional old field and potential maritime grassland on the island's panhandle, and the 93 acres of mowed lawn could provide suitable habitat for area-sensitive grassland birds (Ribic et al. 2009) as well as rare moths and rare plants. Historical imagery and documentation could be consulted to determine the former extent, if any, of maritime grassland on the island, or a decision could be made to attempt to convert these sites into that community type by planting and encouraging a suite of native plant species. Any attempt at grassland restoration would require regular maintenance, possibly using prescribed fire, to prevent shrub encroachment; 40 ^ JW] New York Natural Heritage Program regular monitoring would be advisable. It may also be possible to manage the existing old fields in such a way as to provide surrogate "grassland" habitat for species that depend upon it. • Continued minimal impacts to maritime and coastal communities. The intactness of Plum Island's beach and its relative lack of human disturbance are reflected in the presence of three rare species: seabeach knotweed, Piping Plover, and hairy-necked tiger beetle. The continued presence of these species relies on an intact beach and dune ecosystem and minimal vehicular and other human traffic. Sea level rise and increasingly dramatic coastal storms (IPCC 2012) are likely to increase erosion of the maritime beach and the extensive, intact maritime bluffs and dunes that ring the island. The surrounding rocky intertidal system, dependent upon alternating periods of tidal flooding and exposure, is also likely to be especially vulnerable to rising seas. Monitoring the distribution of species in the intertidal, maritime, and coastal zones will provide valuable baseline data for protection efforts. • Dark skies compliance. Given the effects of light pollution on many kinds of animals (Smith 2008), and the current and potentially growing importance of Plum Island and its surrounding waters for sea turtles, the island could pursue "dark skies" compliance to ensure its value to sensitive wildlife. Key inventory needs Based on our research we outline here some key inventory needs for Plum Island (Table 15), so that management decisions may be made with the most complete information possible. Table 15. Key inventory needs for Plum Island. Inventory need Specific targets and notes Natural communities Full natural community map Ground-truth preliminary map; gather detailed plot-level information for all community types, including underwater surveys for eelgrass and rocky intertidal communities. Ideally, survey work would include at least two sets of visits, spring and mid-late summer, to capture the full range of species throughout the growing season Significant natural communities Update with current plot-level information and condition assessment Animals Small mammals Full faunal survey Bats Use of bunkers as roosts, use of airspace for migration Marine mammals Continued counts of hauled-out seals in all seasons; use of nearby waters by migrating and foraging cetaceans Breeding birds Continuing surveys by Audubon NY; addition of nocturnal surveys for owls would be beneficial Wintering birds Continuing Christmas Bird Counts and surveys by Audubon NY Migrating birds Analysis of available radar data; additional radar data collection and acoustical surveys to 41 New York Natural Heritage Program Inventory need Specific targets and notes determine use of the island as a flyway Sea turtles Use of seagrass beds Freshwater turtles Eastern mud turtles Terrestrial snakes Eastern hognose snake Freshwater amphibians Full faunal survey; northern cricket frogs, leopard frogs, spadefoot to-ads Freshwater fish Full faunal survey Insects Complete faunal surveys for dragonflies and damselflies, moths, butterflies, American burying beetle Marine invertebrates Horsehoe crab spawning, full faunal survey of rocky intertidal Plants Rare plants All rare plant occurrences should be resurveyed using New York Natural Heritage Program procedures to obtain information on quantity and quality Invasive plants Surveys should be done according to the guidelines outlined above Other taxa Baseline surveys for bryophytes, algae, and fungi Conclusion The future ownership and management of Plum Island is uncertain, and thus the fate of its remarkable biodiversity is uncertain as well. Particular futures are compatible with biodiversity conservation, while others are less compatible. Our report, building on historical accounts and the work of many recent scientists and naturalists, is still an early step in a full documentation of the island's ecology, and constitutes only some of the information needed if the island is planned for residential development or if further ecological management and restoration are undertaken. We hope that in documenting what is known about Plum Island's biodiversity and highlighting gaps in our information, we have whetted appetites for further inventory and heightened appreciation of this unique place. Acknowledgments We heartily acknowledge the contributors listed on the title page, as this report would not exist without their dedicated efforts to document Plum Island's biodiversity despite the difficulties of access to the island. This report was funded by The Nature Conservancy's Long Island and Connecticut Chapters. R. Parsons was instrumental in securing the funding and tirelessly advocating for our working on the island in some form. D. Albie, D.J. Evans, F. McKinney, and A. Whelchel provided administrative support. We thank R. Parsons, D.J. Evans, T. Howard, K. Perkins, ML. Lamont, E. Lamont, M. Schiebel, J. Sepenoski, L. Klahre, P. Spitzer, J. Janssen, and C. Raithel for comments on earlier drafts. K. Perkins and H. Shaw assisted with research. C. Spilman, K. Dikun, J. Levin, J. Grigonis, and J. Feinberg participated in surveys. A. DeGiovine Oliveira, S. Newbert, and R. DiGiovanni graciously shared photographs. RA. Bramson, M. Horman, E. Lamont, R. Stalter, ML. Lamont, K. Preusser, L. Humberg, M. Lowney, M. Gibbons, C. Raithel, C. Safina, P. Spitzer, N. Donnelly, and L. Liddle were generous with their time for e-mail and phone conversations. 42 i/ d New York Natural Heritage Program Literature cited Allen, C. S. 1892. Breeding habits of the fish hawk on Plum Island, New York. The Auk 9:313-321. 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The New York dragonfly and damselfly survey. New York Natural Heritage Program, Albany, NY. 47 New York Natural Heritage Program Appendix A: Natural Heritage Subnational (S) Conservation Status Ranks Adapted from htW://www.natureserve.org/explorer/ranking.htm _ Subnational (S) Conservation Status Ranks Status Definition SX i Presumed Extirpated-Species or ecosystem is believed to be extirpated from the jurisdiction (i.e., nation or state/province). Not located despite intensive searches of historical sites and other appropriate habitat, and virtually no likelihood that it will be rediscovered. j SH Possibly Extirpated- Known from only historical records but still some hope of rediscovery. There is evidence that the species or ecosystem may no longer be present in the jurisdiction, but not enough to state this with certainty. Examples of such evidence include (1) that a species has not been documented in approximately 20-40 years despite some searching or i some evidence of significant habitat loss or degradation; (2) that a species or ecosystem has been searched for unsuccessfully, but not thoroughly enough to presume that it is no longer - _ present in the jurisdiction_ S1 Critically Imperiled-Critically imperiled in the jurisdiction because of extreme rarity or because of some factor(s) such as very steep declines making it especially vulnerable to extirpation from the jurisdiction. S2 Imperiled-Imperiled in the jurisdiction because of rarity due to very restricted range, very few populations, steep declines, or other factors making it very vulnerable to extirpation from jurisdiction. 1S3 Vulnerable-Vulnerable in the jurisdiction due to a restricted range, relatively few I populations, recent and widespread declines, or other factors making it vulnerable to extirpation. I S4 Apparently Secure-Uncommon but not rare; some cause for long-term concern due to I I declines or other factors. SS Secure Common, widespread, and abundant in the jurisdiction. Variant Subnational Conservation Status Ranks Rank Definition -_I S-10 .-S# -I Rang Rank RR k -A numeric range rank (e.g., S2S3 or S1 S3) is used to indicate any range of uncertainty about the status of the species or ecosystem. Ranges cannot skip more than two j ranks (e.g., SU is used rather than S1 S4). SU I Unrankable-Currently unrankable due to lack of information or due to substantially conflicting information about status or trends. ; SNR Unranked-National or subnational conservation status not yet assessed. SNA ; Not Applicable -A conservation status rank is not applicable because the species or i ecosystem is not a suitable target for conservation activities.' -_I Not Species or ecosystem is known to occur in this nation or state/province. Contact the relevant Provided NatureServe network program for assignment of conservation status. ' A conservation status rank may be not applicable for some species, including long distance aerial and aquatic migrants, hybrids without conservation value, and non-native species or ecosystems, for several reasons, described below. 48 New York Natural Heritage Program Long distance migrants: Assigning conservation status to long distance aerial or aquatic migrant animals (e.g., species like migrant birds, bats, butterflies, sea turtles, and cetaceans) during their migrations is typically neither practical nor helpful to their conservation. During their migrations, most long distance migrants occur in an irregular, transitory, and dispersed manner. Some long distance migrants occur regularly, while others occur only as accidental or casual visitors to a subnation or nation. Some long distance migrants may regularly occur as rare breeding or nonbreeding seasonal (e.g., winter) species, but in an inconsistent, spatially irregular fashion, or as breeders that die out apparently with no return migration and no overwintering (e.g., some Lepidoptera). In all these circumstances, it is not possible to identify discrete areas for individual species that can be managed so as to significantly affect their conservation in a nation or subnation. The risk of extinction for these species is largely dependent on effective conservation of their primary breeding and nonbreeding grounds, notwithstanding actions that may benefit species collectively such as protecting migratory "hotspots," curbing pollution, minimizing deaths from towers and other obstructions, etc. Hybrids without conservation value and non-natives: It is not appropriate to assign a conservation status to hybrids without conservation value, or to non-native species or ecosystems. However, in the rare case where a species is presumed or possibly extinct in the wild (GXC/GHC) but is extant as a naturalized population outside of its native range, the naturalized population should be treated as a benign introduction, and should be assessed and assigned a numeric national and/or subnational conservation status rank. The rationale for this exception for naturalized populations is that when a species is extinct over its entire natural range, the presence of that species within an area must be considered important to highlight and preserve, even if the area is not part of the species' natural range. Rank Qualifier Rank Definition ! S#7 Inexl act Numeric Rank-Denotes inexact numeric rank. This designation should not be used with any of the variant national or subnational conservation status ranks or NX, SX, NH, or SH. Breeding Status Qualifiers4 Qualifier Definition B Breeding--Conservation status refers to the breeding population of the species in the nation or state/province. N Nonbreeding-Conservation status refers to the non-breeding population of the species in the nation or state/province. M Migrant-Migrant species occurring regularly on migration at particular staging areas or concentration spots where the species might warrant conservation attention. Conservation status refers to the aggregating transient population of the species in the nation or state/province. 4A breeding status is only used for species that have distinct breeding and/or non-breeding populations in the nation or state/province. A breeding-status S-rank can be coupled with its complementary non-breeding-status S- rank ff the species also winters in the nation or state/province. In addition, a breeding-status S-rank can also be coupled with a migrant-status S-rank if, on migration, the species occurs regularly at particular staging areas or concentration spots where it might warrant conservation attention. Multiple conservation status ranks (typically two, or rarely three) are separated by commas (e.g., S2B,S3N or SHN,S4B,St M). II 49 New York Natural Heritage Program Appendix B: Birds of Plum Island Bird species observed on Plum Island, New York, or in nearby waters, and seasons with confirmed presence. Compiled primarily from Audubon New York (unpublished) and ML. Lamont (unpublished). Additional species from Buckley and Buckley (1980); P. Spitzer (unpublished); USDA (unpublished). Common name Scientific name S-rank Sp Su Fa Wi Red-throated Loon Gavia stellata SNRN$ X X X Common Loon Gavia immer S4$ X X X Homed Grebe Podeceps auritus SNRNT X X X Red-necked Grebe Podicep grisegena SNRN X X Northern Gannet Mores barsanus SNRN X X X Brown Pelican Pelecanus ocddentalis SNA X Great Cormorant Pbalamcorax carbo SNRN X X X X Double-crested Cormorant* Phalaamoraxaunlus S3 X X X Least Bitternt IxoInychus exilic S3B,S1N$ Great Blue Heron Ardea herodias S5 X X X X Great Egrett Ardea albs S4$ X X Snowy Egrett Egretta thula S2S3$ X X Little Blue Heront Egretta caerulea S2$ Tricolored Heront Egretta tricolor S2~ X X Black-crowned Night-Heront Nycticorax nyctuorax S3$ X Glossy Ibis* Plegadisfalanellus S2$ X Mute Swan Cygnus olor SNA X X X Snow Goose Chen caerulescens SNRN X X Brant Branta bernicla SNRN$ X Canada Goose* Branta canadensis S5 X X X X Wood Duck Aix sponsa S5 X Green-winged Teal Anas cmcca S3 X X X American Black Duck* Anar rubripes S3B, SNRNt X X X X Mallard* Anasph2yTlynchos S5 X X X X Northern Pintail Anar awta S1B, S3Nt X X Gadwall Arun strvpera S3 X X X Eurasian Wigeon Anas penelope SNRN X American Wigeon Anas americana S3 X X X Greater Scaup Aytbya manila SNRN$ X X Common Eider* Somateria mollissima S1B, S3?Nt X X X X King Eider Somateria,pectabiks SNRN X Harlequin Duck Hisinonicushistnonuits SIN$ X Long-tailed Duck Clangula hyemalu SNRNT X X X Black Scoter Melanitta nigra SNRN$ X X X X Surf Scoter Melanitta perspiallata SNRN$ X X X X White-winged Scoter Melanitta fusca SNRNt X X X Common Goldeneye Bucepbala clangula S3B, SNRN$ X X X Bufflehead Bucepbala albeola SNRN X Hooded Merganser Laphodytes mmllatus S4 X Red-breasted Merganser Mergusserrator S3 X X X X Turkey Vulture* Cathartes aura S4 X X X X Osprey* Pandion hakaetus S4B f X X X Bald Eagle Haltaeetus leucocephalus S2S3B,S2Nt X X X 50 S New York Natural Heritage Program Common name Scientific name S-rank S Su Fa Wi Northern Harner* Circus cyaneus S3B,S3N$ X X -x x Sharp-shinned Hawk Accipiterstriatus S4t x X X X Cooper's Hawk Accipitercooperii S4f x X X X Northern Goshawk Acefpitergentilis S3S4Bf X Red-shouldered Hawk Buteo lineatNS S4B$ X X X Broad-winged Hawk Buteo platypterns S5 X X Red-tailed Hawk* Buteo jamauensis S5 X X X X Rough-legged Hawk Buteo lagopus SNRN X American Kestrel* Falco span nus S5 X X X X Merlin Falco columbanus S3? X X X X Peregrine Falcon Falco petvgnnus S3B$ X X X Virginia Rail Rallus hmim/a S5 X X X Black-bellied Plover Pluviahs sguatamla SNRNt: X X Semipalmated Plover Charadnus semipalmatus SNRN X Piping Plover* Charadnus melodus S3Bf x X Killdeer* Charadmix weifems S5 X X X X American Oystercatcher* Haematopurpalhatur S3$ X X Greater Yellowlegs Tnnga melanoleuca SNRN$ X X Lesser Yellowlegs Tnngaflavipes SNRN X Solitary Sandpiper Tnnga soG'taria SNRN X X Willer Tnnga semipalmata S3$ X Spotted Sandpiper* Actitis maculana S5 X X Sanderling Cahdris alba SNRN$ X X X Western Sandpiper Calidns maun SNRN X Least Sandpiper Calidns minutilla SNRN X X Pectoral Sandpiper Caheins melanotos SNRN X Purple Sandpiper Calidns mantima SNRNf x X American Woodcock Scolop"minor S# X X Laughing Gull** Lanusatnalla Sl$ X X Bonaparte's Gull La spbiladelphia SNRNt: X Ring-billed Gull Lures delawatrnsis S4 X X X X Herring Gull** Lane aigentatus S5 X X X X Great Black-backed Gull* Lane mannur S4 X X X X Roseate Tern** Sterna dougallii douga!!ii S1B$ X X Common Tern** Sterna hirundo S3B$ X X Forster'sTern Sternaforsteri sit x X Razorbill Alca torda SNRNt x X Rock Pigeon Columba li'via SNA X X Mourning Dove* Zmaida ma vura S5 X X X X Black-billed Cuckoo Cocg7s egthmptbalmus S5T X Yellow-billed Cuckoo Cocry.Zrrs americanus S5 X X X Barn Owl Tyto alba S1S2$ Northern Saw-whet Owl Aegolius acadicur S3 Chimney Swift* Chaeturapelagica S5 X X Ruby-throated Hummingbird Archilochus colubns S5 X X Belted Mngfisher* Cegle algon S5 X X X Red-bellied Woodpecker* Melanerpescarolinus S5 X X X. X Yellow-bellied Sapsucker Spbyrapicus varius S5 X 51 New York Natural Heritage Program Common name Scientific name S-rank Sp Su Fa Wi Downy Woodpecker* Pimidespubescens S5 X X X X Hairy Woodpecker Puvides villosus S5 X Northern Flicker* Colaptes auratus S5 X X X X Eastern Wood-Pewee Contopus turns S5 X X Yellow-bellied Flycatcher Empidonaxfavitmifis S3 X Alder Flycatcher Empidonax alnorum S5 X Willow Flycatcher* Empidanax traillu S5 f x X Least Flycatcher Empidonax ounimus S5 X Eastern Phoebe* Sayomispboebe S5 X X X Ash-throated Flycatcher Myumhus dnerarcens SNA X Great Crested Flycatcher Mytarchus crinitus S5 X X Eastern Kingbird* Tyrannus tyrannus S5 X X Purple Martin Pmgne subis S4 X X Tree Swallow* Taclyaneta bicolor S5 X X X X Northern Rough-winged Swallow* Stelgidopteryx sernpennis S5 X X Bank Swallow* Rrparia riparia S5 X X Cliff Swallow Petrochelidon pyrrbonota S5 Barn Swallow* Hirundo ruskca S5 X X Blue Jay Cyanocitta cnstata S5 X X X X American Crow* Comus brachyrhynchor S5 X X X X Black-capped Chickadee* Poedle aincapilla S5 X X X X Tufted Titmouse* Baeolophus bicolor S5 X X X X Red-breasted Nuthatch Sitta canadensis S5 X X White-breasted Nuthatch* Sitta caroknensis S5 X X X X Brown Creeper Certhia amencana S5 X X Carolina Wren* Thryothorus ludovicianus S5 X X X X House Wren* Troglodytes aedon S5 X X X X Winter Wren Troglodytes troglodytes S5 X X Marsh Wren Cistothomspalustris S5 X X Golden-crowned Kinglet Regulus satrapa SS X X Ruby-crowned Kinglet Regulus calendula S3 X Blue-gray Gnatcatcher Poliopkla caerulea S5 X Eastern Bluebird* Sialia sialis S5 X X Veery Catbarusfuscesans S5 X X Hermit Thrush Cathamsguttatus S5 X X Wood Thrush Hylodchla mustelina S5$ X X American Robin* Turdur nugratorius S5 X X X X Gray Catbird* Dumetella carolinensis S5 X X X X Northern Mockingbird* Mimuspolyglottos S5 X X X X Brown Thrasher* Toxostoma rufum S3S4$ X X X X Cedar Waxwing* Bombyalla cedmrum S5 X X X European Starling* Sturnus vulgans SNA X X X X White-eyed Vireo* Vireognseus S4 X X Blue-headed Vireo Vireo solitanus S5 X Red-eyed Vireo* Vireo olimaus S5 X X Blue-winged Warbler* Venwwrapinus S5$ X Tennessee Warbler Verrnimraperegrina S2~ X Nashville Warbler Vermimra rufxapilla S5 X X X 52 44, New York Natural Heritage Program Common name Scientific name S-rank S Su Fa Wi Northern Panila Pamla amen ana S3S4 X X Yellow Warbler* Dendroica petecbta S5 X X Chestnut-sided Warbler Dendroicapenrylvamca S5 X X Magnolia Warbler Dendroica magnolia S5 X Cape May Warbler Dendroica tignna S2$ X Black-throated Blue Warbler Dendroica caemlesons s5 f X X Yellow-rumped Warbler Dendroica comnata S5 X X X X Black-throated Green Warbler Dendroica virgins S5 X Blackbumian Warbler Dendmicafwca S5 X Pine Warbler Dendroicapinus S5 X X Prairie Warbler Dendroica discolor S# X X Palm Warbler Dendroica palmarum S2S3 X X Blackpoll Warbler Dendroica stnata S3 X X X Black-and-white Warbler Mniotilta vana S5 X American Redstart* Setopbaga ralicalla S5 X X Common Yellowthroat* Geotblypis tnchar S5 X X X Wilson's Warbler Wilroniapusilla SNA X X Scarlet Tanager Piranga olivaxa S# X Northern Cardinal* Cardmalu cardinally S5 X X X X Rose-breasted Grosbeak Pbeuctims ludoviaanus S5 X Indigo Bunting* Passenna eyanea S5 X Eastern Towhee* Pipilo erythmphthalmus S5 X X X X American Tree Sparrow Spi,eIla arboma S4 X X Chipping Sparrow* SpiZellapasrenna S5 X X X Field Sparrow SpiZellapusilla S5 X X X Vesper Sparrow Pooecetesgramineus S# X X Savannah Sparrow Passemulur sandwicbensis S5 X X X Fox Sparrow Passerella iliaca SNRN X Song Sparrow* MelospiZa melodia S5 X X X X Lincoln's Sparrow MelospiZa lincolnit S4 X X Swamp Sparrow Melosp,-ageogiana S5 X X X White-throated Sparrow Zonotncbia albicollis S5 X X X White-crowned Sparrow Zonotnchia leucopbgs SNRN X Dark-eyed Junco Junco hyemahs S5 X X X Snow Bunting Pkctmphenax nivalis S5N X X Bobolink Dolichonyxog,ivorus S5$ X X Red-winged Blackbird* Agelaiusphoemceus S5 X X X X Eastern Meadowlark Sturnella magna SS$ X X Common Grackle* Qtascalus quiscula S5 X X X X Brown-headed Cowbird* Molothrus ater S5 X X X X Orchard Oriole* Ictems spunus S4 X X Baltimore Oriole* Icterusgalbula S5 X X X Purple Finch Carpodacuspurpureus S5 X X House Finch* Carpodams mexicanuy SNA X X X X Common Redpoll Catduelu flammea SNRN X Pine Siskin Carduelispinus S5 X American Goldfinch* Carduelistnstis S5 X X X X i 53 New York Natural Heritage Program Common name Scientific name S-rank Sp Su Fa Wi House Sparrow* Passer domesticus SNA X X * Current-day breeder Met the criteria for confirmed or probable breeding in recent surveys but most likely nesting off the island t Historical breeder $ Species of Greatest Conservation Need 54 '"6 ) New York Natural Heritage Program Appendix C: Conservation guides NY Natural Heritage conservation guides are available online at bttp://guides nvn org/. A compendium of guides for all natural communities and all Heritage-tracked species documented on Plum Island is available upon request. I 55 tCfl New York Natural Heritage Program State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant August 12, 2013 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: A local law in relation to Plum Island Zoning SCTM#: NA Location: The action applies to two areas: Plum Island, Town of Southold. Plum Island is located in Suffolk County, New York. SEQR Status: Type I (X) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The Town of Southold proposes to adopt land use zoning for Plum Island. The action applies to: Plum Island in the Town of Southold. Land Use Zoning for Plum Island Two zoning districts are proposed for Plum Island: The Plum Island Research District (PIR) and the Plum Island Conservation District (PIC). The justification for the proposed zoning is outlined in the Plum Island Zoning Report (2013) prepared by the Town of Southold Planning Board. Sections of the report are included in this description. The maximum potential development on Plum Island would result in two lots. The PIR zoning district allowable uses include; research laboratories or educational facilities in a campus style development, limited to 20% lot coverage except that solar energy installations could occupy 50% of the 125 acre buildable land area. In the PIC zoning district development would permit solar generation facilities, education or museum facilities. Lot coverage is limited to 2% of the 350 buildable acres except that solar energy installations could occupy up to 20% of the lot area. In 2012 the U.S General Services Administration (GSA) and Department of Homeland Security (DHS) prepared an Environmental Impact Statement (EIS) and in 2013 a Final Environmental Impact Statement (FEIS) to evaluate the potential for effects on human and natural environments from the sale of Plum Island, Parcel 1 and Parcel 2. The assessment included two alternatives; inclusive of the two alternatives was the re-use of the properties using existing infrastructure or conservation/preservation of the island. No Action Alternative - Retain in Federal Ownership Action Alternative - Sale of Property Re-use Option 1 - Adaptive Re-use of Existing Infrastructure Re-use Option 2 - Conservation/Preservation The FEIS determined that the No Action Alternative would likely have no to minor impacts and the Re-use Option 1 would most likely have no to negligible impacts. Re-use Option 2 would most likely have no to moderate impacts (removal of infrastructure). The mention of these options is important because the proposed zoning would potentially support the re-uses assessed_ Impact assessment would be applied to each individual action following the successful sale of the island. Reasons Supporting This Determination: An Environmental Assessment Form Parts 1 to 3 has been prepared and assessed. The determination was based upon the following: Plum Island is a 816+ acre island located 1.5 miles+ from Orient Point. It is the only island of its size in the Town. Plum Island has been entirely under the control of the federal government since 1901, with some federal ownership on the island beginning as early as 1826. It was used by the government for military purposes, first as an army base, and then as a military research facility. Later the island became an animal disease research facility, which has operated on the island since 1954 under the US Department of Agriculture and currently controlled by the US Department of Homeland Security. The island has never been officially assigned a zoning district by the Town, largely because land being used by the federal government for a public purpose is exempt from local zoning laws. Now that the island is scheduled for sale into private ownership by an act of Congress, the Town is proposing to zone the island and out parcels. The purpose of establishing zoning districts: The Plum Island Research (PIR) District is to continue to encourage the use of the island for research and educational opportunities and provide quality employment opportunities. The Plum Island Conservation (PIC) District is intended to preserve the integrity of the regionally significant natural historic and scenic resources of Plum Island while allowing a more limited amount of use and 2 development. The proposed zoning districts proposed for Plum Island are proposed as permanent and irreversible. 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. 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. Two other parcels under Federal Ownership and supporting the Plum Island Animal Disease Center (PIADC) include: a 9.5 acre waterfront parcel containing the ferry terminal for Plum Island at Orient Point (Parcel 1) and a 0.2 acres acre parcel at the tip of Orient Point (an in-holding in Suffolk County's Orient Point County Park containing the electric power transfer station). Water Sunnly, Sanitary Waste Management and Soils: Plum Island water resources depend on a sole source aquifer recharged by rainfall. Existing uses are supplied by freshwater wells on the island, 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). No private development is proposed for Plum Island therefore, no short-term or long-term significant impacts to water supply will occur as a result of this action. Sanitary waste disposal on Plum Island is achieved by a wastewater treatment plant with a capacity of 80,000 gpd (although it is currently permitted at 60,000 gpd). No private development is proposed at this time on Plum Island therefore no short-term or long-term significant adverse impacts to sanitary waste management will occur as a result of this action. Further, no short-term or long-term substantial adverse ground or surface water quality or quantity, erosion, flooding, leaching or drainage will occur. Wetland and Unland Habitats: Plum Island contains marine and freshwater wetlands. The DEIS dated July 13, 2012, for the Public Sale of Plum Island, New York indicates that freshwater wetlands equal 96 acres and tidal wetlands (beach and dune) equal 101 acres on Plum Island. Long Island Sound occurs off the north shoreline and Atlantic Ocean (Gardiner's Bay) occurs off the south shoreline. The proposed zoning districts PIR and PIC would prohibit any new structures or impervious surfaces within 300' from the shoreline and wetlands. The New York Department of Environmental Conservation and the Town of Southold Board of Trustees regulates any action within 100' of a tidal wetland boundary. Development is reviewed on a case by case basis and mitigation to the greatest extent practicable is required in a permit (if issued). No private development is proposed for Plum Island properties therefore, no short-term or long-term significant impacts to the wetlands on site will occur. 3 No private development is proposed on Plum Island at this time therefore no short-term or long-term significant removal or destruction of large quantities of vegetation or fauna will occur. Fish and Wildlife: No short-term or long-term substantial interference with the movement of any resident or migratory fish or wildlife species and no other significant adverse impacts to natural resources will occur. Numerous protected species were documented on Plum Island. Please see the attached report Biodiversity and Ecological Potential of Plum Island, New York (2012) prepared by the New York Natural Heritage Program for a full listing and discussion (Attachment A). No short- term or long-term substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species will occur as a result of the proposed action. Traffic and Noise: No short-term or long-term significant traffic generation or changes will occur as a result of the proposed action. No short-term or long-term significant noise levels will occur as a result of this proposed action. Solid Waste: No short-term or long-term significant impacts from solid waste disposal will occur as a result of this proposed action. Community Character and Plans: The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action is not in material conflict with the Towns current land use plans. This proposal meets the Town's goal of preserving open space and utilizing existing infrastructure for development. Cultural Resources: Plum Island contains unique historic resources, including the Plum Island Lighthouse (Listed on the National Register of Historic Places 2011) and Fort Terry. In addition to any federal historical designations, the proposed zoning districts will preserve and protect those historic resources by allowing uses of the island that are complementary to historic preservation including educational facilities and museums. No short-term or long-term adverse impacts would result to historic resources as a result of this action (FEIS for the Sale of Plum Island 2013) The visual/scenic value of Plum Island is high due to its hilly topography and lack of development. 4 No private development is proposed for either Plum Island therefore the proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. Energy and Hazards: Plum Island electrical power is powered by LIPA from two undersea electrical cables from Orient Point. Power distribution on the island is achieved by both overhead electric lines and buried power lines. No major change in the use of either the quantity or type of energy will occur as a result of the proposed action. No development is proposed, no short-term or long-term creation of a hazard to human health will occur. Other The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the action be implemented as planned. For Further Information: Contact Person: Mark Terry, Principal Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 cc: New York Department of State Suffolk County Planning Commission Suffolk County Department of Health Services 5 ~W;.; RESOLUTION 2013-630 ADOPTED DOC ID: 9038 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-630 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 13,2013: WHEREAS, the Town Board is considering the adoption of a Local Law in Relation to Plum Island Zoning (proposed action), a Type I action Under the State Environmental Quality Review Act (SEQRA) Rules and Regulations (6 N.Y.C.R.R §617); and WHEREAS, on May 8, 2013, as lead agency, the Town Board coordinated review of the proposed action and no comments were received; and WHEREAS, the Town Planning Department completed a Long Environmental Assessment Form (EAF) with respect to the proposed action and submitted same with a recommendation to the Town Board for its consideration and review; and WHEREAS, the LWRP Coordinator submitted a review and recommendation that the proposed action is consistent with the LWRP, dated August 13, 2013, pursuant to Chapter 268 of the Town Code; now, therefore, be it RESOLVED that the Town Board of the Town of Southold finds that based upon the Town Board's examination of the EAF and recommendations, and the appropriate criteria for determination of significance, the proposed action is a Type I action which will not have a significant impact on the environment and, therefore, no environmental impact statement is required; and be it further RESOLVED that the Town Board of the Town of Southold hereby issues a negative declaration pursuant to SEQRA and adopts the Findings and Notice of Determination dated August 12, 2013; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to sign the Long EAT in accordance herewith; and be it further RESOLVED that the Town Board of the Town of Southold finds that the proposed action is consistent with the LWRP. ~j Dry d4~(. Elizabeth A. Neville Southold Town Clerk l' Resolution 2013-630 Board Meeting of August 13, 2013 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Updated: 8/13/2013 3:06 PM by Lynda Rudder Page 2 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. RECEIVED W0000117% AUG 1 3 2013 MD Connecticut Fund aouthold Town Clerk Save the Sound for the Environment August 13, 2013 Supervisor Scott Russell and Members of the Southold Town Br 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 1 pportunity to comment on the revised zoning proposal for Plum Island. As set forth in the statem +nt 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. ' he Purpose of the Plum Island Conservation District is intended to preserve the integrity of tht regionally significant natural historic and scenic resources of Plum Island." Save the Sr and wholeheartedly supports both of these goals and commends the town of Southold for tal ing this important proactive step to preserve Plum Island for future generations. 1. Introduction The proposed zoning has been made of -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 )st 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 mv.org. www.savethesound.org could be made a part of the National Wildlife 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 hab tafsand oper€, 11(e. However, should those federal options fall short, Southold's proposed zoning would pro ide a safety net for the island's wildlife and coastal systems, and it is a welcome and positive stet towards ensuring Plum Island's natural resources are protected for future genet ations. II. Discussion (1) As a preliminary matter, Save the Sound is pleased that 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 4onmental 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 IslaiA Research ("PIR") District similar to that in the Plum Island Conservation (`!'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 be 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 disturbed in conjunction with a permitted use, an application m ty 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 re vegetation plan (V any), using plant species listed in the • Southold Town Ilanning Board's Native/Natural Buffer Plantings list of recommended motive plants; 2. an application fe 2 of $100; 3. The Planning Beard shall render a written determination within 30 days of receipt of a complete application si ating the reason therefor and advising the applicant of i he right to appeal: and 4. The Town Boarc shall hear appeal:, or shall designate a person or body to hear appeals regitrding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. Connecticut Fund for the Environment an( Save the Sound 2 142 Temple Street, Suite 305 • New Haven. Conner ticut 06510 . (203) 787-0646 www.ctanv.org • www.savethesound.org (3) In our earlier comments on the pre >osed zoning, we ( I ) expressed concern about the scale of solar installation being allowed with rc pect to the percentage of lot coverage and (2) noted that the proposal did not impose any specil 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 limitL 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 ict Review, (2) establish a maximum allowable height, (3) provide for wildlife passage, (4) requii 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 ie general condition that existed at the time of approval of the Special Exception should the solar nstallation cease operations. Save The Sound hopes that these print ples will be adhered to as specific solar development proposals are reviewed by the appropr 1te town boards and state agencies. III CONCLUSION In conclusion, and notwithstanding tht 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 be prey, ved for future generations. Respectfully Submitted, Charles J. Rothenberger 3 Connecticut Fund I the Environment and Save the Sound 142 Temple Street, Suite ; 15 • New Haven. Connecticut 06510 • (203) 787-0646 www, mv.org • www.savethesound.org Public Hearing R.lSLXbW Law in relation to the Marine (II) District and Plum Island Zoning Testimony provided before: AUG IrBe 201orable Scott Russell, Town Supervisor, and Members of the Southold Town Board Southold Town Hall aouthold 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 regionally significant, as you stated in the proposed code, but it is globally significant to some wildlife species, such as the roseate tern. That makes the island in its most natural state possible irreplaceable. 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 BEU NG WASHINGTON. OC 20004-2401 BRUSSELS EUGENE O. GULLAND TEL 202.662.6000 LONDON Na- VORK TEL 202.662.5504 FAX $02.6626291 SAN 01860 FAX 202.))8.5504 WWW.COV.COM SAN rRANC1511 EGULLAND®COV.COM SILICON VALLEY August 12, 2013 Martin D. Finnegan, Esq. Town Attorney, Town of Southold Town Hall Annex 54375 Route 25 AUG 13 2013 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 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 & 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 Gross-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, E;en D. Gulland S a GR 'UP ' FOR THE FAST CND K.. a...1 August 13, 2013 AUG 1 3 2013 Supervisor Scott Russell and Members of the Town Board Town Hall - ' i 53095 Route 25 P.O. BOX 1179 rA Southold, NY 11971 RE: Resolution Numbers 2013-521 & 522 "A Local Law in Relation to Marine (11) District and Plum Island Zoning" Dear Supervisor Russell and Members of the Town Board: I write on behalf of Group for the East End to address the proposed zoning amendments associated with the proposed sale of Plum Island by the federal government. For the record, Group for the East End represents the conservation and community planning interests of several thousand member household, individuals, and civic organizations across eastern Long Island, including several hundred in Southold Town. The Group is also a founding member of the sixty-plus member Preserve Plum Island Coalition and lends support to the comments that they will submit. As the Board may know, Group for the East End has been directly involved in 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 - 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. s _ We believe the future protection of these publically held resources is consistent with nearly every living resource recommendation developed .T - a 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 in terms of good-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 a:. 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. 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. 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. reel/y, Smc&aronVArgin Vice President 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 nearly 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 Richard 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 Wposal, 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 are 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 ddustrial 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 AUG 1 3 2013 aouth~IJ Town clergy RECEIVED Neville, Elizabeth A114 1 3 From: Chantal Collier <ccollier@TNC.ORG> Sent: Tuesday, August 13, 2013 11:37 AM Southold Town Clerk 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_13Augl3.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 Conservancy in Connecticut and Long island on the amended Local Law entitled "A Local Law in relation to the Marine (I/) District and Plum Island Zoning" submitted for today's public hearing. Thank you, Chantal Collier • Chantal E. Collier The Nature Conservancy TheNature ] Director, Long Island Sound Program 55 Church Street, Floor 3 New Haven, CT 06510-3029 Conservancy ccollier(gltnc.org Protecting nature. Preserving fife. Phone: (203) 568-6295 Fax: (203) 568-6271 nature.oro • 1 TheNature 'Flue Nature Conservancy in Connecticut 'Eel (203)s68 6270 Conservanev - 55 Church Street, Third Floor Fax (2o3) 568-6271 / New Vlaven. CT 06510-3029 naturc.org.%conneaicut Protecting nature. Preserving life: August 13. 2013 RECEIVED BOARD OF TRUSTEES John Levinson Supervisor Scott Russell and Members of the Town Board Char Town Hall AUG 13 2013 Jason G. Cahilly 53095 Route 25, P.O. Box 1179 Vice Char Southold, New York 11971 J. Michael Sconyers, Esq. Via email aouthold Town Clerk Vice Chair Frances Ashley RE: Plum Island Zoning. Public Hearing August 13, 2013 $ 3• 3 Peter J. fluster, Ph.D. Leigh Bonney Supervisor Scott Russell and Members of the Town Board: W. Michael Brown Michael J. Donnelly, Esq. James H. Heym, Ph.D. 1 write on behalf of the Long Island and Connecticut Chapters of The Nature David Jaffe Conservancy. First and foremost, we applaud the Southold Town Board and its planning Bruce Kenyon John Todd Miranowski and legal staff for the impressive and significant accomplishment of completing Sen. William H. Nickerson comprehensive planning and zoning for Plum island. In the effort to protect the Alanna Rathbone nationally significant natural resources on Plum Island. we believe the highest at Allen Rosenshine Y priority R. Scott Warren, 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 Plum Island Research and Plum Island Wilbur 0. Araujo Conservation (PIC) zones we believe is an improvement front the previous version heard Paull M. Randt on May 7th. This reduction can help make any necessary subdivision of the island to better Board Fellows accommodate the two proposed Uses 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 20% in the P I C 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 authority 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 are 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 Long Island Sound and Peconic national estuaries. Sincerely, ' { yes,:,.>? , M Frogard Ryan. State Director Enclosure: Town of Southold, )uly 2, 2013. Legal Notice of Public I Tearing on A Local Law entitled °A Local Law in relation to the Marine (I1) District and Plum Island Zoning With comments from The Nature Conservancy. The mission ofThe 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 Local Law in relation to the Marine (Il) 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 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: 1. 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 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 areas where the ground 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 fern 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 Board 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 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 ferry terminal shall have a staging area for motor vehicles that enter an auto/vehicle ferry. The size of the staging area must accommodate the maximum number of cars queuing for the largest boat(s) and the busiest proposed schedule (a ferry service with no auto/vehicle ferry will not require a staging area). (c) A ferry terminal shall have a parking area for passengers (provide oneparking Tace per two passengers), calculated in the following manner: • (i)Parking for passenger ferry (s) will be calculated by multiplying the capacity of the passenger ferry(s) by the maximum number of ferry trips per day, divided by two. (ii)Parking for auto/vehicle ferry(s) will be calculated by multiplying the passenger capacity of the auto/vehicle ferry(s) 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) 6280-182. Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities provide duality 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 building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any puMose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan aavproval by the Planning Board: (1) Research laboratories with multiple buildings allowed in a campus-style • development, subject to the following conditions: (a) The use shall not involve the handling storage or discharge of explosives. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact 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 landmark. 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 Planning Board: (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 &280-1832(A) and &280-1832(B); (3) Cafeteria for personnel associated with permitted or special exception uses set forth in &280-1832(A) and &280-1832(B); (4) Infrastructure necessary to the operation of the permitted or special exception uses set forth in &280-1832(A) and &280-1832(B), 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. (existing facility is deemed a confonning accessory use 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 #auna-flora or where vegetation must be disturbed in conjunction with a permitted use an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: • 1. a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants; 2.an application fee of $100; 3. The Planning Board shall render a written determination within 30 days of recut of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose • application to remove vegetation is denied may appeal within 30 days of a denial. (New) F4280-184. Bulk. area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Research District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 125 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 20% of buildable land, except that solar energy 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 (ft.): 30 Landscape area: 30% (does this include buildings and other impermeable surfaces or is it in addition to? If it is in addition to, this could result in 50% of the land area, or +I- 62.5 acres of clearing and impermeable improvements. What does landscaped area mean? Irrigated? Fertilized? Use of non-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? • §280-185. Setbacks. 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- etler4s- Article XXXII Plum Island Conservation District (PIC) 6280-186, Purpose. The pumose 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. 6280-187. Use regulations. In the Plum Island Conservation District, no building or premises shall be used and no building or of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any pumose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Nature preserve (2) Public park (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 meaning which would exclude some existing historic buildings and structures? Would a "designated historic building or structure be more inclusive'?: 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) 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 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 subiect to the following: Vegetation shall not be disturbed. Where noxious or invasive plants are overtaking native €aune-flora 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 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 Board's Native/Natural Buffer Plantings list of recommended native plants, 2.an application fee of $100, 3. The Planning Board shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and • 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose gpplication to remove vegetation is denied, may appeal within 30 days of a denial. 6280-188. 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 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 ofthis chapter, and the Parking and Loading Schedules arc in ~y 280- 78 and ?80-79. 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. 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 6280-189. Setbacks, stfuetures and impervious s--44wes shall he set baek at least 300' t~em the shoreline 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.alds: III. SEVERABILITY If any clause, sentence, paragraph, 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 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 ^ i<ECEIVED COVINGTON & BURLING LLP AUG13 2013 Town Attorney's Offce 1201 PENN5YLVANIA AVENUE NW BEIJIrvG WASHINGTON, DC 20004-4401 BRUSSELS EUGENE D. GULLAND - TEL 202.682.6000 LONDON NEW YORK TEL 201.662.6504 FAX 202.662.6291 S4 DIEGO FAX 202.798.5504 V,MgO.COV.cOM SAN FRANCISCO EGULLAND@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, 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 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 be 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, E] en D. Gulland 311; « f°3z rr.~ RECEIVED AUG 5 2013 Steven Rellone SUFFOLKCOUNTI' EXECI II%'E Department of Southold Town Clerk Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment July 25, 2013 Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 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-13-01 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 to 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. Prel g Chief Planner APF:cd LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th Flo P.O. BOX 6100 ¦ HAUPPAUGE, NY 11788-0099 ¦ (631)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 (II) 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 FIR 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 suffolkcountvny gov/Home/departments/planning/Publications%20and20information. aspx#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 Weconded: Commissioner Berry Absent: 4 Voted: 10-0 Abstentions: None DECISION: Adopted OFFICE LOCATION: Of so~lyol MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 J~[ l~ Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) H Southold, NY 11971 ~ Telephone: 631 765-1938 Fax: 631765-3136 coum, 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 ~QF so P. P.O. Box 1179 DONALD J. WILCENSKI hQ~ 7010 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS CA Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H. RICH III ~ 'M (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR lyCOUry 11 Southold, NY Telephone: 631 765-1935 Faze: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED JUL 1 7 KA To: Elizabeth A. Neville, Town Clerk Southold Town Ierk From: Donald J. Wilcenski, Chairman Wei 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 8161 acre island about 1.5 miles from the tip of Orient Point. There are two other parcels associated with Plum Island and located in Orient Point, a 9.5 acre waterfront parcel containing the ferry terminal for Plum Island, as well as another parcel (0.2 acres) near the tip of Orient Point (an in-holding in Suffolk County's Orient Point County Park containing the electric power transfer station). Plum Island has been entirely under the control of the federal government since 1901, with some federal ownership on the island beginning as early as 1826. It was used by the government for military purposes, first as an army base, and then as a military research facility. Later the island became an animal disease research facility, which has operated on the island since 1954 under the US Department of Agriculture and currently controlled by the US Department of Homeland • Security. The island has never been officially assigned a zoning district by the Town, largely because land being used by the federal government for a public purpose is exempt from local zoning laws. Now that the island is scheduled for sale into private ownership by an act of Congress, it is prudent for the Town to assign a zoning designation. Plum Island infrastructure & resources Currently the island contains 554,109 square feet of building space in 47 buildings, including the Plum Island Animal Disease Center (PIADC) and associated buildings, historic Fort Terry buildings in various states of repair, the Plum Island Lighthouse, and various other buildings, some currently in use, and some vacant. There is an electrical system connected by underwater cable to the main power grid on Long Island, as well as an emergency generator designed to keep the lab in operation should electricity from the mainland fail. The water system is supplied by freshwater wells on the island, and includes a 200,000 gallon water tower and water distribution • system, with a sustainable capacity of about 150,000 to 200,000 gallons per day (gpd)Z. There is ' The area of Plum island is reported differently in different sources. We chose to use the size calculated by the Town of Southold's GIS system, with line-work based on the Suffolk County Tax Map. The true size of the island can only be determined by a survey. ' BMT Entech, Inc. 2002. CERCLA program report for Plum Island Animal Disease Center. Contract No. 43-3K 15- 1-0006. 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 area for marine fish species.4 • Rationale for creating new zoning districts for Plum Island The existing zoning districts, as well as the other islands in Southold which are currently zoned, were examined for their applicability to Plum Island. Upon review of the issues related to the future potential uses of the island should it become privately owned, it is clear that none of the current Southold Town zoning districts are suitable. Plum Island is unique in size, location and uses, and new zoning designations must be crafted to adequately address the situation. The rationale for creating new zoning designations to regulate future uses for Plum Island is based on a study of the limited infrastructure, both on the island and in the eastern portion of Southold Town, the community character of the Town, including along the main route to the island through East Marion and Orient, the economic value of the current use of the island, the value of the natural resources supported by the island, and the historic resources. • A study of the other islands' characteristics and zoning demonstrated that Plum Island is unique among them for many reasons. Plum Island, at 816 acres is the only island of its size in the Town. The three other islands of considerable size are Fishers Island at 2,644 acres, Robins Island at 455 acres and Great Gull Island at 17 acres. The other seven islands range in size from one tenth of an acre to three acres. ' Details about the infrastructure of Plum Island are from the Draft Environmental Impact Statement dated July 13, 2012, for the Public Sale of Plum Island, New York. Schlesinger, M.D., A.L. Feldman, and S.M. Young. 2012. Biodiversity and ecological potential of Plum Island, New York. New York Natural Heritage Program, Albany, New York. 2 Plum Island is unique in its recent past and current uses, both on the mainland and among the other islands in Southold. Although other Southold islands are/were owned by the federal government and used for various purposes (military and aids to navigation), Plum Island is the only island with a major research facility (PIADC). After some history as a military fort, Great Gull Island has been owned since 1949 by the American Museum of Natural History for the purpose of a bird sanctuary. Robins Island was and is privately owned, and is protected by a perpetual conservation easement held by The Nature Conservancy, which limits future development to only a few structures. It is zoned R-400 Residential Low-Density District (ten- acre minimum lot size), Southold's most restrictive zoning district, and the conservation easement restricts the uses even further. Both Great Gull and Robins Island have issues similar to Plum Island with regard to potential development, however both are protected from development making it unnecessary for the Town to take any further steps to mitigate the potential impacts of any future development. Fishers Island's recent past and current use is very different from that of Plum Island in that it has been developed primarily with residences with a small commercial center. More important than its land use is the island's geographic location as a reason for it being unsuitable as a comparison for zoning of Plum Island. Because of its proximity to Connecticut, Fishers Island's residents have direct nearby access to necessary services in New London, CT, while Plum • Island's nearest access to services is through Orient, NY. It is the difference between these two access points that make the case for Plum Island's uniqueness as compared to Fishers Island. New London is a small city through which a major interstate highway runs. The city contains the basic services that the residents need, including doctors, a hospital, and retail stores. Orient, by contrast, is a small hamlet served by a two-lane road. The nearest grocery store, hospital and other services are over eight miles away in Greenport, and these are limited in size to that typically found in a small village. Once on the mainland, the nearest interstate is over 31 miles away (a 45 minute drive). Plum Island is also unique with regard to the mainland of Southold Town by the fact that it is a small island located at the end of the peninsula, with its main access through the most sparsely developed part of the Town. There is no other land in Southold Town with a comparable • situation. For all the reasons stated above, Plum Island was found to be a unique situation not contemplated in current zoning districts. All the existing zoning districts allow one or more uses that are contrary to the goals for Plum Island to continue to provide high quality employment opportunities, while minimizing the impact to the Town's most rural hamlets, and preserving the natural and historic resources on the island. 3 Rationale for the proposed zoning 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 a two-lane road through the hamlets of Orient and East Marion. They are the most rural hamlets in Southold Town. Both are primarily residential hamlets with low density. For example, Orient Hamlet includes a total of 765 residential units at an overall density of about 5 acres per unit. Both hamlets are already adversely affected by intense pulses of traffic caused by the Cross Sound Ferry operation. Any additional traffic would degrade the community character and quality of life by adding noise, decreasing air quality from added vehicle emissions, and decreasing the safety of the main road. The transportation route is also a New York State designated Bike Route, and a New York State designated Scenic Corridor. Adding traffic to this corridor would decrease the safety for cyclists, • and erode the scenic qualities. 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 of high-paying technical jobs for Southold Town residents. Currently the lab employs 60 people who live in Southold Town. Retaining a research and/or an educational facility that will provide a similar number of jobs is of great importance to the Town. • The Plum Island Research District is designed to encourage this type of development by clearly stating that type of use is allowed, and also by limiting the ability for the island to be subdivided. This subdivision limitation (accomplished by the large minimum lot size), will ensure the site of the research facility remains large enough to contain and maintain its own infrastructure, as well as containing enough land for future expansion, and to retain flexibility in future design . Preservation of natural and cultural resources Water While Plum Island's aquifer could support some level of future additional development, it is in the best interest of the overall Town to limit the use of this precious resource. Having a nearby 4 source of potable water could be critical to the Town's future infrastructure and ability to provide clean water for its citizens, especially in Orient which is served by their own sole source aquifer. Orient's sole source aquifer is already suffering from some pollution and salt water intrusion. Therefore it is good planning to preserve Plum Island's aquifer as a future source of potable water for the Town. The Plum Island Conservation District will accomplish the goal of protecting Plum Island's aquifer by limiting the amount of development that will occur over the majority of the island, and also limiting the type of development to that which would use very little water, and contribute little or no pollution to the groundwater. It has been well documented that intense development can contribute significant amounts of pollution to the groundwater in the form of excess nitrogen and other pollutants through stormwater runoff, septic systems, and the application of fertilizers, and pesticides. Habitat & Wildlife Plum Island contains flora and fauna unique to the state in their quality and should be preserved with as little disturbance as possible (see above for more details). The proposed Plum Island Conservation District will accomplish this goal by limiting the amount of human disturbance on the island. The new zoning will provide additional protection to wetlands and surface waters, both of which contain important sensitive wildlife habitats, by ensuring that all structures and impervious surfaces 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 resources, including the Plum Island Lighthouse and Fort Terry. In addition to any federal historical designations, the proposed zoning districts will preserve and protect those historic resources by allowing uses of the island that are complementary to historic preservation including educational facilities and museums. Public Safety and Emergency Response. • Serving the public safety and emergency response needs of an island are challenges for small Towns such as Southold. The rural Fire Districts have limited revenue and personnel. In the case of Plum Island, the nearest Fire District is Orient. Presumably this Fire District would be called upon to serve the emergency and fire needs of any development on Plum Island. Southold Town Police would be the nearest law enforcement agency. The proposed Plum Island Research District and Conservation District are designed to limit the potential strain on local first responder and public safety resources by limiting the amount of development on the island and concentrating the majority of potential development in one area. Currently the PIADC has their own fire equipment, and some future similar use that fits in with the proposed zoning could presumably do the same. 5 Navigation The Plum Gut and other waters adjacent to Plum Island are important navigation channels. The Cross Sound Ferry travels through Plum Gut, as well as other boat traffic on its way to CT, Fishers Island, and Block Island. The proposed zoning districts address this by limiting the uses to those that would not interfere with navigation. Commercial & Recreational Fishing Commercial and recreational fishing are important to Southold's economy. The waters surrounding Plum Island are productive fisheries. The proposed zoning districts protect the nearby fisheries by limiting future uses of the island to those that will not interfere with fisheries. Conclusion The federal government, and more particularly the U.S. General Services Administration, have begun the process to sell Plum Island. While zoning was not necessary while the island was in federal ownership (local zoning does not apply to the federal government), the Town of Southold has found it prudent to zone the island in the event the island is sold into private hands. The island has many resources important to the Town, is unique in many ways, and warrants its own zoning designation to best regulate its future uses. The new zoning designations accomplish the multiple goals for the island of protecting its exceptional natural resources, while also providing for future economic opportunities. They also provide the necessary balance with the nearest mainland connection at Orient Point, ensuring that the rural character of the hamlets of East Marion and Orient is maintained. • 6 #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 1st day of August 2013. j Principal Clerk Sworn to before me this day of 2013. R15TTNA VOIIN$KI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk county ley COrnmlSe pn F'Plrea February 28, 2016 R- FERRY SERVICE - Passenger 8(4) I f st to Y sc Thefollowing auto/vehicle fer s-Y~ the are C.permitted r a s y s rYusing a-'age clock. If opera[ n of the itt e or d sperm al (1) Any list may structures use more than one s d_ ock pre tit t h II cxceot us s set fo th in &280 182(A) which are customarily incidental t the congaule a pa le nd individual and &280-182(8) limited o ad sewer terry service principal s c tp_Ih a prohibited by Marine 17 em water t g and to this chant ARTICLE XIistrict lines and utility line, (2) Mill art s t tit s. Use Slee District (5) The existing bather a d ferry f dormitories s Providing accommodatiM B. Use regulations. cility for tra rt C by b at [ d solely lot personate] associated with the B. Uses permitted by special excep- from the Isla d permitted o special gept n e,_1 lion by the Board of Appeals. The fol- D. Additional Standards All useii-in forth in 5280-187(A) and &280-187(8) lowing uses are permitted as a special his District hall be bj t t the f I D. Additional Standards- All u sea in exception by the Board of Appeals, as lowinShi . District hall be bje t to the f 1 hereinafter provided, subject to site plan thi V la[ion hall not be disturbed this lowing approval by the Planning Board. Where noxious o as plants are Veeetation hall not be t j2) Ferry terminals which meet the Overtaking native die fa o h e Y g or inv asi of to bed following an d rd Where noxi s e P etalton must b d is b d c j - overtaking native fauna or he e (al A terry [ mi I shall have at tionwnhap nail d ap feat n elation must be disturbed in nic le - as, ten acre of buildable land the may be made to the Pla int Board for tion with a permitted u a ppfcat MII Z tie d die led t h lpfry 5g, an app ov 1 to remove vegetation, 7h may be a V, m d to the Pla ' g Board for vice pro ferry apphcatron51 11 i tail ~ an approval t Le move vegetation The ( area fenry motor 'mat hall have 1ha Ulan d'c t o th t pas f ine area fo vehicle e that enter Jt application shall include etaon auto/vehicle resent, the getaton t be 1. a plan indicating the types of~A re- f yTh s' of the st ' moved and a reve tali n area must pl ff ny~, etahon o ese [ th ege[aC o t b e accommodate the maximum using plant numbs spa es listed in the Southold moved and a egetaton lan (-f any r of cars lie ing f r the largest town Platinum Board's N C /Nat ral using plant s pen listed in 's Southold file 61 and th t pro s e swi d ch d Buffer Plantings list of recommended town Planning Board's Native/Natural ter y ferry service with auto/vehicle native pl Is' Buffer Plant gs 1't of recommended fen rv will not require staging 2 an aovi aC n f f 5100 (c) A ferry terminal shall have ae Planning Board shall render a native Ip ants: 2 an application fee Of 100 parking area for passengers (orpvide written one parkine spa a pen tw as n determination within 30 days of 3. The Planning Boa shall render receiptf to p do tam written d to 'n t'o within 10 days I f ~culat the wi g manner: th€reasita c on therefor and ad ad 's g th ti recemt f (tl Parkin for as f mot to ppl' tit f g ---rrX(-) giant of the rig t to app 1 and the reason theref a d ad 's g the aR will be c 1 V t d by m Itiplyjlg t o ca 4 The Town oa d shall he,, appeals o of the Passenger fen s b he or hall designate a ere o or coto ph4 The Town Board tshall hear-appeals a maximum number offerry trips Der day, hear appeals reg arching a den 1 under or shall design a per,,, body t divided by two this Section Any person wh sl p hear appeals r aiding a de ial nil (ii) Parking for auto/vehicle ul fem! 1 cation t remo vegetation denied. this Section Any person will be calculated by multiplying me may Appeal within 30 .,is of a denial cation to remov eg [at n de Dd flerserve(s) by cap 10 %city the f th product of f auto h which ce 6280-180. Bulk are and Parking may apncal within 30 days of a d nial regulatiopa 6280.188. Bulk, area and Dorking shall be multlnlied by the maxima No buildmeor premises shallb use d regulations number of ferry trips per day, then di an no ding ytded by two -Cpart th reof shall be No building premises hall be used erected or altered in the Plum Island and n buil o Article xxxJ - d g part there f sh 11 6 Research District holes th same con- erected or altered in the Plum Island Plum Island Research D' trial lPlRl forms tO the Bulk Sch dal and Pa king Cpnservation District unless the amen 5280-182. Purpose and Loading Schedules incorporated conforms to the Bulk schedule and The Uumose of the Plum Island R,- into this ha ter by ref ence with the Parking and Loading Schedule ine search District is to enco ag the use same force and effect as if such ray Ia- posted into this ch pie b efe ce of land for res arch and edu a[io al op pons were set forth herein in full wile [he same force and effect as if such impoortumrtunnes rovide ualit em to met FIX Bulk Schedule: (to be placed in regulations were set forth h rein if full ities a d to preserve Plum Is new Appendix) land's reefonally significant natural h' [one- scenic and Editor's Note: The Bulk Schedule is in Minimum Lot Size: 125 acres eluded at the end f th ha a d rh cultural resources Uses Multiple uses and buildings a Parking and Loading Sched l s in 65 6280.183. Ue regulatio a are allowed on single p cel [h umber LEGAL NOTICE m the PIR District no building o 280-78 and 280-79 NOTICE of of which are limited only 6 lot cover- Plain Island Conservation District PUBLIC HEARING premises shall be used and building g NOTICE IS HEREBY GIVEN, or part of a b ndi g_shall 6 erected Lo[ Coverage-20% f buildable lad At k Schedule, (to be Placed in a new there has been presented to the Town altered whi is arrant d ' tended or except that solar energy installation, Minimum Lot Size: 350 es Board , the Town of Southold, Suffolk designed to be used- in went or i art may exceed l t u to t t 1 of I' ' Uses um Multiple s and buildings ar County, New York, on the 2nd day of for any puro se ce t the folio i= 50% lot coves July, 2013, a Local Law entitled A Lo• A allowed on a sing) parcel the number cal Law in relafi n t the A. Permitted as a uses are sd are sul ing use Building Height (ft.): 35 of which are limited Only by lot co Mmine full arep ermitted use to site Number of Stories 2 OtstriM and Plum Island Zoning" and plan porn al by the Planning Board Setback age 0_r y lm (ft l 30 Lot Coverage- 2% of buildable land NOTICE IS HEREBY FURTHER (1) Research lebo for with mill - Lamdscapeoare e 3ope GIVEN that the Town Board of the tiple buddm s 11ow din ca u [ 1 5280-185. Setback except that exceed this solar en limit uv to installations P may Town of Southold will hold a public development. sub ct t th following total of hearing on the aforesaid Local Law at conditions: 1_New structures and impervious su 20 % lo[ coverage Southold Town faces shall be set back at least 3o0' from Impervious surface' 5% of buildable Hall, 53095 Main Road, (a) The use shall n t the the shoreline and wetland Southold, New York, on the 13th day of handling. storage o discharge of pl land exce t that of energy st ll August, 2013, at 432 P.m. at which time sixes. Article XXXII tions may exceed this limit up to total all interested persons will be Biven an Plum Island Conservation District of 20 % tin er s fac opportunity to be heard. Of No offensive th es ase fumes, IP[CI Building height (lit.): 35 The proposed Local Law entitled "A eons s smoke. ohalldors emanateeffluent suent ch of us ibrand Plum Island The purpose 6280-186Pmoof the Plum I Island Setback from property line (ft.): 30 Local Law fn relation the Marine fID no waste produ is shall bed cha end Conservation District is t er tetba DtstriM and Zopin"" reads [here[rom of a c starter as follows: to eat a integrity of the regionally significant 189. Setbacks, s'g_ nuisance or t be ' jut s [ he Ith natural scenic and historic ' r sources of faces shall be set back alleast 300' from LOCAL LAW NO 2013 to neeatively imp t surface o g ou d Plum island f the benefit of the New 189. Setb and 'm structure, A Local Law entitled "A Local Law water. me shorelm and wetlands. in relation to the Marine (H) Di t 'ct (c) All sewage will betreated by a dents of the To of Southold IIL SEVERABILITY and Plum Island Zoni, 6280-187. Use regulation If any clause, sentence, paragraph, sews a treatment plant or similar sew- In the Plum Island Conservation BE IT ENACTED by the Town age treatment trict, no building of D' section, or part this Local Law shall ehall be se adjudged part any court of competent Board of the TOW, of Southold as fol- (2) Educational facilities with multi- used and no b uild' o o pat raises build- jurisdiction to be invalid, othe f lid lows: pie buildings L Purpose. allowed in a eampu -slit ing shall be erected o altered which go . development All sews P iltl be t 'mated arranged intended or designed t b shall whole not or affect any the part validity thereof of this other than The Purpose of the local 1 [o by a sewage treatment pl o s t I create and establish zoning dist acts on sewage treatment lar used in whole or in Part for any pu~ the part so decided to be unconstitu- poae excep[ the follow n tional or invalid. Plum Island and to ex and permitted (3) Museums housed in a designated Permitted uses The follong use IN. EFFECTIVE DATE uses m the Marine II District to accom historic landmark All sews a will be are permuted us and a sub'ewit to modate necessary access t the I land treated a sewa 'ten This Local Law shall lake effect im- by The Plum island Research Distri t 's similar. treatment Plant o plan approval b th Pla nine Bo d mediately upon filing with the Secretary intended to encourage the use of the (1) Natur pr rvof State as provided by law. n or pen 'tt d b 'ale U (2) Public park island for research and end cat 1 - tion of the B rd f A pen 1 Th fol Dated: Jul, 2,2013 ponumnes and P (3) p 'd ou f townie uses Educational faculty related t the BY ORDER OF to o are p rm tied s a 1 study hall resources c se do THE TOWN BOARD meal sl h,ct.,d[u~ '^tiesa and to Preserve exception by the Board of Appeals a All sewage will be t eat d by ase w OF THE TOWN OF D TOWN BOAR Plum Island's regionally . significant herenaner pro ided and subject to site treatment plant or similar sewage I-,O_ nahiral . Sworn to before me this day of ~ 2013. RI~liNA VOLT NOTARY PUBLIC-STATE OF NEW YORK No. 01V0610505o Qualified in Suffolk County My Coa lssion Fxplies Fcbrmari' 28. 2010 pads. F~RRV cnnvr.- E me u o/yehmle ferr„ using P _ (4) Infrast C-A c s or upt~ss \ to lh The billowing uses -1101- than On, d w, r a 1 onet lion f ih ^ - - 'tie perm tt d coo r t II exce t ^ (])A Acu~tom etru con [ ute eoa a[_ d d'v"d I use Set forth $280-182(A) to and &2l I IBl 1 it d t which are cus omarilmei e i i I to the ferry service, ad princ I u=e trip^r s,.~,. ARTICLE XI[I svste water for ge [ Martoe II 5'b't d b Imes a d_ ul~ [hie ch nrrr (MII) District (5) The existin (2) lee ins Quarters a a tm l o §280-55. Use reguibui , a tier and ferr fa- IS_ormi[nnr~ ding- B. Uses permitted by r special excep- Irom He _fQr Iran, Island tad b bo t to a -~_2 [ion by the Board of A solely for personnel as It d th the Pp d ermnted e c r' eals. The fol- D. Aildit al Sta d ds All uses in lowing uses are permitted as a special this District shall h exception by the Board of Appeals, as b forth m &280-]87lA1 rid 280 1 D. Adduronal Standa~ hereinafter provided, subject to site plan to m . n Vevets a isn shall, not h this Diu net shall be s br to the fol, approval by the Planning Board. - disturbed (2) Fe lowing; Where noxious or mvasive loots are rry terminals which meet [h V~tati0 f Il wi s[ lord shall not b s: overtaken native fauna or where ve - disturbed, tation must b d' h Where next us r invasive (al A f r lent ere terminal shall hay hen with ° ° in native feu a or where ve - nc- I ast ten acre f b t d - eto tied u e an a lication elation lation must be ties[ toed in con unc- MII Zone dam[ d 10 °r?made to th PI n i R N ~ v [ion with a ermi[ted use an a hca[ion icen d , lea alb u i eyetat' ¢ Pi all to the PI n i a W A ferry r appt o h may II h e a an a p oval stail reform t r h cIs th %a4lan inl ate h a In relative veemt On 71 eatcr_a -t rah nnrec r~,a, ao _nhall n lud a to/v hde ferry The size f hesa in o LaA e mov d eve eta[ o I. a Ian mdicatin the t es of ve - e;Yl~must c oda[e the m I mum d a I n ou uam¢ etapO r sent the vegetation number of c r a u n f I tit spec rc hcr..n Iu Town r ann n B ard' N moved and a ,vegetation tan if an 4oa (sl a d h b s ed h d five at rat usino of snrr,e ule (a f m em - - Buf er Plamin s list of re s h r d h S [hold with auto/yehicle commended n It re a native pit r Town Plammn Board's N Itive/Natural Lem wr0 air at Buffer Plantin s list of recommended (ct A off atrial ferry ! a l'c ro IF 9:I nn e of rem' sh all h ,j . e .f na[ive_pla tt arkme are fo pah Pa n n Board h 11 rep er ers ne true writ[ n "rh' z0 da of 2 an n.,rratio f f x100 o rkme so ce --3~cterm tie It Y oas a ersl r cemt t a cmm~lnm .,....r_ 3 The Plammn Board shall render a calculated in the followine ation a[n writtetermin ation within 3 - the rearon theist 'sin the 0 days o f (il Parkinv f r ° se -or and al ao- n de - will b terrvlsl picanr nr rh r h re=tea com plete r _S- Iculat d b r- - eal, and c C stn a 4, 77t~Town Bo d the reason therefor and of a visinthe a - acrt of a er a s b hall fears, oGc Of th e riht [ zimum number of fe rv r' t o an t or h Il d s[ s e a e d nor od 4. The tit IN L'I r _ hear a eats re ardin a denial unda er or shall To desi wn Hate aad e shall bear a tied to firl Pa kn F a[/ ehicle ferry! 1 t-sec[io A_ whose a I Will be cats 1 led b m Ili I in the don t em ve ve a don is denie h-meals revard'n a ni 1 d ntaY appeal wi[hi 30 l [h[s Section. An erson whose a h- assen er can of a s it f he a~n t h,v1 - cation to remove ve tation is denied f~(st 6 10°/ h od [ l8i B.dr ° - idn ma shall be multi lied b t e reP°lah c appeal w"th 30 d f number f fe • tri s o r gay. maxim thign tit NO buildin r remises shall be used 288tro 88 Bulk r,~O vrded by [ o and n uilch renula r rt t ere f sh I be No bull i or remies shall eused Article XXXT erected or alts ed in the Plum Island ndno uflden or artthereof shall be ed Plum Leland Research D• r"icl IPIRI Research District unles the same con- arested i11 alts ed 'n [h Plum Isla §280-182 per. f ms to the the B lk C h an_ d Li B lk ed I Park' n Colifler-atmn District unless the same, Th-e~umoae of the Plum Island R into this cha b py~ I )ms to the Bulk Schedule and search District is to encoura a th use same force and ter effect as if reference such re with ula- the ---~md do e h do],, meet_ of land for research and educational o - [ions were set forth herein in full. orated into th s eha t ortuni[ies pro 'de f enrol Wren[ with the same force an 0 ortumties - and to reserve Plum Is new and effect as if such PIR Bul_ k g-stints. (to be placed in re ulations we e set forth h ere'n full m land's re ionall si aufcam natural his- Eduors Note.' The Bulk Schedule is in- - [ores scenic and cultural resources. M1°imum It Size; ]25 acres Uses: Multi le uses and buildin s are al " or Au-s c atat c ar~-tiontl LEGAL NOTICE In t 183 U e m I_ all Parkan and a owed on a s life H r el It u It NOTICE of PUBLIC HEARING In the PIR District no buildiH or of which are Imife oN 6 for co It a 280-78 and 280-79 NOTICE IS HEREBY GIVEN, o`emises of shall b s d and n buldn Plum Island Conservation District there has been presented to the Town a b Idme shall be erected $ Bulk Sch d or I 1 Board of the Town of Southold, Suffolk desi tialtereded to which be is used arran ed intended or except that is 1 20 /e t in land ' (to be Placed in a new in wh Appendix) County, New York, on the 2nd day of for an puroose exec t the fell wn n tallations Minimum It Size: 350 acres July, 2013, a Local Law entitled .A Lo- I may exceed this limit uo to a total of cal Law in relation to the Marine II areA Pemitted uses. The following uses 50 lot co eta a Uses: Multi le uses and buildin s are Build D inHeight (ft.), 35 allowed on a in a steel the number istrict and Plum Island Zotdn "and ermit[ed s a and r s b"e [ to tie umber of Stories 2 °f YOU are limited ar a IV b lot umber NOTICE IS HEREBY FURTHER tan a royal b the Plamm~ Board: GIVEN that the Town Board of the elb udineccall~abora[ories with mul- Setbackro tin, t line ft.:30 Lot Covera e:2% of buildable land I., except Town Of Southold will hold a public develo merit sub ect to the followin mantiss a Setba k, fil may a that solo n [ re X280 ergy S -185 Se[b ck stallations It on the aforesaid Local Law at conditi ons r°?Le-xceed th' I'm-(u to a t [ 1 [ Southold Town Hall, 53095 Main Road, structures and im ervious sur- 20 / lot coveraa Southold, New York, on the 13th day of an store a or dischar a of ex 1o- faces shall he se[ back at least 300' from (a) The use shall not involve the the she eln and I d Imo surface 5% August, 2013, at 4:32 p.m. at which time sran v- land - of buildable all Article XXXII extent that solar ener interested [ions ma exceed [his limit u install, persons will be given an (h) No offensive noise sues fumes Plum Island Conserva tion District total opportunity to be heard. smok e odor dust effluent or A a- Will of B 20% im ervious surface, The proposed Local Law entitled "A [ions shall emanate from such use and § 1811 P r uildmg height (ft.): 35 Local Law in relation to the Marine D Number of stories: 2 District and Pmm Island Zonin " reads no waste roduets shall be dischar e °servahon Dr d ~e w I lose of e District is ri [h PI Isla d Setback from property true (ft.): 30 ollowa: [herch, of a character to create a to reserve the as [ inter of th §280-189 Setb cks. LOCAL LAW Np, nuisance or to be in'urious to health or onalIv cant si 2013 tone ativel im act surface or round- °a[ural scenic and historic resources of faces New structures amd im ervious sur- A Locnl Law entitled L cal Law Plum island for the benefit of the resi- ellin~ a an water. set teick at least 300' from in relation to the Marine If District the shor (c) All sewage will be treated b a dents of the Town of Southold. Zoni anti PIumlum I°~._' §250-187 U e SEVERABILITY sewzoe [realm [ h tit o '1 s w ~ Ill. ° ~ BE IT ENACTED by [ Town -settat nt If any clause, sentence, paragraph, Board of the Town of Southold ld as to]- In the Plum Island Conservation section, or part of this Local Law shall lows: (2) Educational facilities with multi- used and no buildin triet no buildin or remises shall be be adjudged by any court of competent 1. Purpose. le buildin s allowed in a cam us-st le or at of a build- develo menLAll sews a will be treated mall be e ect d o altered wh' h s jurisdiction to be invalid, the ud The Purpose Of this local la 1 Law as is to arrant amended shall not affect the validity of this law as create and establish zo'Mir tricts on Is a sewaee trear..~ tit la t o s-m 1 o des, tied to be a whole or any treatment used eatm whole or in art for an par[ thereof other than Plum Island and to e sewaee x ermnted Dose ere Ht th £ n ur- the parr so decided to be unconstilu- uses in the Marine II District to sector (3j Museum k. housed .e a desi led n --ei tional or invalid. eweeAll sews a will A. Permitted uses. The followin uses modals necessa access to the Island. treated bland are ermntedue riche ub IV. EFFECTIVE DATE The Plum Island Research District is I! tan a royal b the Plamma Boato site rd: This Local Law shall take effect im- im[ended to encoura a the use or the treater. mediatel B. Uses permitted b special e c (I) Nature reserve Y upon filing with the Secretary island for research and educational o - ortumties and ' (2) Public pa k of State as provided by law. ° of the Board of A l 2, d ualit a °tos low lion in uses are ermnted as eals. a s The seal hl d~f namri 1 e] facility rein ted to the Dated: JUN 2013 meat o ortumties and to reserve exce~on by the Bo rd of stu A BY ORDER OF Plum Island's re onall ai neficant hereinafter rovided and sub ect eals as _It v site treatment treat a treat- THE TOWN BOARD natural historic and scenic resources lapapprovalby the la rind will bed e OF THE TOWN OF SOUTHOLD T do e of the Plum Island C n e °r to menL lent or similar sews Elizabeth A. Neville onrd vaon Drstnct ra intended to reserve (1) Solar enerev eeneraC ninexcess [he in[e tit of that needed It o rovrde ewer to (4) Museums housed in ' Town Clerk of the re ionall si existin deg- 11 282-1'P 8/I ificant milted u es so- ' noted his[ n_ la dm ark All sewage natural historic and scenic resources of C. AccessOl uses The f Ilowin Plum Island _ will be treated b a sewage treatment II. Chapter 280 of the Code of the are nermnt d a ace s o 1?lant or simil r e a Treatment -uses Town of Southold is the hereby (1) An custom B. Uses entitled b I amended ry structures o use e Y which are customarrl n- I list to the lion of the Board of it eats. The fol- asfollows Iowin uses ate §280.4. Definitions. rincipal use exceot th rOhdutedb by ermi[ted as a special [his chant r' exce lion If the Board of A eats as IMPERVIOUS SURFACE - tar er- hereinafter rovided and subject to site vfOna surfaces include all areas where (3) teen ns quarters dormi[ones rovrdm Ian a roval b the Plamm~ Board: the er rid is c r d b surface that accommodations (Il Solar e in fro is or y a. solel for ersonnel associated with e excess i rain from fallia emitted ors Scut exce lioti uses set of that needed to rrovrde directly to the dea ¢rn a rid a Lpercolatial, milted use, wet to er- mto th oroundw [ r forth in §280-182(Al and X280 I Z ° dh h (3) Cafeteria for er hmued to: road drivewa Panama lots sled with ermnted or secial exce [ion other oavemen[ b fide d uses set forth in §280-182( i a d §280 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 / y day of 2013, she affixed a notice of which the annexed printed notice is a true copy, i 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 • IQ d Elizabeth A. Neville Southold Town Clerk Sworn before me this day of 12013. T~otary q6lic LINDA J COOP[R NOTARY PUBLIC, State of New Vr NO. 01004822563, Sjf DIk Ga :nt Term Expires December 31, ~0-/tv- • 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 Local Law in relation to the Marine (II) District and Plum Island Zoning" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at 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 (I) 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: 1. 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 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. • Il. 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 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 Board 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 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 ferry terminal shall have a staging area for motor vehicles that enter an auto/vehicle ferry. The size of the staging area must accommodate the maximum number of cars queuing for the largest boat(s) and the busiest proposed schedule (a ferry service with no auto/vehicle ferry will not require a staging area). (c) A ferry terminal shall have a parking area for passengers (provide one parking space per two passengers), calculated in the following manner: (i) Parking for passenger ferrv(s) will be calculated by multiplying the capacity of the passenger ferry(s) by the maximum number of ferry trips per day, divided by two. (ii) Parking for auto/vehicle ferry(s) will be calculated by multiplying the passenger capacity of the auto/vehicle ferry sip 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) 4280-182. Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities, provide quality employment opportunities and to preserve Plum Island's regionally significant natural, historic, scenic and cultural resources. 4280-183. Use regulations. In the PIR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Research laboratories with multiple buildings allowed in a campus-style • development, subject to the following conditions: (a) The use shall not involve the handling, storage or discharge of explosives. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact 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 landmark. 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 Planning Board: (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 (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(ft (4) Infrastructure necessary 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 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 are overtaking native fauna or where vegetation must be disturbed in coni unction with a permitted use an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: • 1. a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants; 2. an application fee of $100; 3. The Planning Board shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4 The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose • application to remove vegetation is denied, may appeal within 30 days of a denial. §280-184. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Research District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 125 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 20% of buildable land except that solar energy 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 (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 significant natural scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. &280-187. Use regulations. In the Plum Island Conservation District no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or • designed to be used in whole or in part, for any purpose except the following: A. Permitted uses The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Nature preserve (2) Public park (3) Educational facility related to the study of natural resources conservation. All sewage will be treated by a sewage treatment plant or similar sewage treatment. (4) Museums housed in existing designated historic landmark. All sewage will be treated by a sewage treatment plant or similar sewage treatment. B. Uses permitted by special exception of the Board of Appeals The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar energy generation in excess of that needed to provide power to permitted uses. 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 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 are overtaking native fauna or where vegetation must be disturbed in conjunction with • a permitted use an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants; 2. an application fee of $100; 3. The Planning Board shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and • 4 The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. &280-188. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in Sys 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. 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 5280-189. 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, v 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 e * ~ 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 ~~gUFFO(,~ELIZABETH A. NEVILLE, MMC ht~ earn W. Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 NJ Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p ' Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER 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. 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, Eliza ~thANevillelC Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney o~oSUFFOt,~~o ELIZABETH A. NEVILLE, MMC h~ Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 rp Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER wwwsoutholdtownny.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. 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 S, egWf~4R h. ~V® RESOLUTION 2013-521 ~"`*.wp 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 (11) 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 IP 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 (11) District and Plum Island Zoning" reads as follows: • LOCAL LAW NO. 2013 A Local Law entitled "A Local Law in relation to the Marine (11) District and Plum Island Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. 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 11 District to accommodate necessarv 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 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 areas where the ground 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 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 are permitted as a special exception by the Board 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 ferry terminal shall have a staging area for motor vehicles that enter an auto/vehicle ferry. The size of the staging area must accommodate the maximum number of cars queuing for the largest boat(s) and the busiest proposed schedule (a ferry service with no auto/vehicle ferry will not require a staging area). (c) A ferry terminal shall have a parking area for passengers (provide one parking space per two passengers) calculated in the following manner: (i) Parking for passenger ferry(s) will be calculated by multiplying the capacity of the passenger ferry(s) by the maximum number of ferry trips per day, divided by two. (ii) Parking for auto/vehicle ferry(s) will be calculated by multiplying the passenger capacity of the auto/vehicle ferry(s) by 10%, the product of which shall be multiplied by the maximum number of ferry trips per day, then divided by two. Article XXXI Plum Island Research District (PIR) &280-182. Purpose. • The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities provide quality employment opportunities and to preserve Plum Island's regionally significant natural historic, scenic and cultural resources. 4280-183. Use regulations. In the PIR District no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses The following uses are permitted uses and are subiect to site plan approval by the Planning Board: Updated: 7/2/2013 11:04 AM by Lynne Krauza Page 2 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, eases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact 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 landmark. 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 Planning Board: (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 (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 5280-182(B); (3) Cafeteria for personnel associated with permitted or special exception uses set forth in 5280-182(A and §280-182(B); (4) Infrastructure necessary to the operation of the permitted or special exception uses set forth in 5280-182(A) and §280-182(B), 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 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 indicatin the he 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 Ip 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 determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4 The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. 5280-184. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Research District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 125 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 20% of buildable land except that solar energy installations may exceed this limit up to a total of 50% lot coverage. Building Height (ft.): 35 1-iniber of Stories: 2 Setback from property line (ft.): 30 Landscape area: 30% 4280-185. 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) 4280-186. 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. 4280-187. Use regulations. In the Plum Island Conservation District no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged intended or designed to be used in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Nature preserve (2) Public park (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) Solar energy generation in excess of that needed to provide power to permitted uses. C. Accessory uses. The following uses are permitted as accessory (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 the permitted or special exception uses set forth in &280-187(A) and X280-187(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 are overtaking native fauna or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: • 1 a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants; 2. an application fee of $100; 3. The Planning Board shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4 The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. §280-188. Bulk, area and parking regulations. • No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in ~ 280-78 and 280-79. Plum Island Conservation District Bulk Schedule: (to be placed in a new Appendix) Minimum Lot Size: 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 11:04 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 4280-189. 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 4, ' RESOLUTION 2013-522 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 recommendations 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 • I~'®, RESOLUTION 2013-521 4 ¢V 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 (1I) 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 (lI) District and Plum Island Zoning" reads as follows: • LOCAL LAW NO. 2013 A Local Law entitled "A Local Law in relation to the Marine (11) District and Plum Island Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. 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 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. H. 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 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. Resolution 2013-521 Board Meeting of July 2, 2013 ARTICLE XIII Marine 11 (MII) District §280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as 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 ferry terminal shall have a staging area for motor vehicles that enter an auto/vehicle ferry. The size of the staging area must accommodate the maximum number of cars queuing for the largest boat(s) and the busiest proposed schedule (a ferry service with no auto/vehicle ferry will not • require a staging area). (c) A ferry terminal shall have a parking area for passengers (provide one parking space per two passengers), calculated in the following manner: (i) Parking for passenger ferry(s) will be calculated by multiplying the capacity of the passenger ferry(s) by the maximum number of ferry trips per day, divided by two. (ii) Parking for auto/vehicle ferry(s) will be calculated by multiplying the passenger capacity of the auto/vehicle ferry(s) by 10%, the product of which shall be multiplied by the maximum number of ferry trips per day, then divided by two. Article XXXI Plum Island Research District (PIR) • &280-182. Purpose. The Purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities, provide quality employment opportunities and to preserve Plum Island's re ig onally significant natural, historic, scenic and cultural resources. 6280-183. Use regulations. In the PIR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: Updated: 7/2/2013 11:04 AM by Lynne Krauza Page 2 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 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 landmark. 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 Planning Board: (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 5280-182(B); (4) Infrastructure necessary to the operation of the permitted or special exception uses set forth in 5280-182(A) and §280-182(B), 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 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 vegetation. The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants 2. an application fee of $100; 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 determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; an d 4. The Town Board shall hear appeals or shall designate aperson or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. &280-184. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Research District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 125 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 20% of buildable land, except that solar energy 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 (ft.): 30 Landscape area: 30% 4280-185. 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 significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. &280-187. Use regulations. In the Plum Island Conservation District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Nature preserve (2) Public park (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) 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 the permitted or special exception uses set forth in §80-187(A) and §280-187(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 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 he 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; 3 The Planning Board shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. 4280-188. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered • in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. Editor's Note: The Bulk Schedule is included at the end orthis 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 11:04 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 ~gUFFOL.f ELIZABETH A. NEVILLE, MMC Town Hall, 53096 Main Road TOWN CLERK C EO. Box 1179 ca rZ Southold, New York 11971 REGISTRAR OF VITAL STATISTICS "p • Fax (631) 765-6145 j MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER O(# .~,`a FREEDOM OF INFORMATION OFFICER www.southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD I I. July 19, 2013 i PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on August 13, 2013: I 4:32 PM -A Local Law in relation to the Marine (II) District and Plum Island Zoning. I • Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission t Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport Town of Shelter Island Town of Riverhead To oT tharnp n aL- e2Date: 711 9 be • Signature, Received By > 16L of e id, Z / t Title: -7~lj Lel~fZ. Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK } ~OgUFfO(~-~, ELIZABETH A. NEVILLE, MMC ~r0 ~Gy Tbwn Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 W i Southold, New York 11971 REGISTRAR OF VITAL STATISTICS "p .LC Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19, 2013 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on August 13, 2013: 4:32 PM -A Local Law in relation to the Marine (II) District and Plum Island Zoning. • Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission I Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport Town of Shelter Island Town of Riverhead T~n of thampton Date: 7 1 ' 13 • Signat r , Receive By n f L'indc. ~ne)o~~V1 Title: Lr2+Cl0- Q JgSS T Please print name PLEASE SIGN AND RETURN TO SOUT'HOLD TOWN CLERK l ~gUFFO(,~-c ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 W i Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O .iC Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER wwwsoutholdtownnggov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19, 2013 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on August 13, 2013: 4:32 PM -A Local Law in relation to the Marine (II) District and Plum Island Zoning. • Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission i Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport Town of Shelter Island Town of Riverhead Town of South Pton Date: Sigr}Rt Received B V ) k " Title: 67 Pleas print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK I i FOL ELIZABETH A. NEVILC.E, MMC ~ If lbwn Hall, 63096 Main Road TOWN CLERK P.O. Box 1179 7C Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 766.6146 j MARRIAGE OFFICER _`d! Telephone (631) 766.1800 RECORDS MANAGEMENT OFFICER www.eoutholdtowngygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19, 2013 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC 1- HEARING on the proposed Local Law listed below on August 13, 2013: 4:32 PM -A Local. Law in relation to the Marine (II) District and Plum Island Zoning. i • Please sign a duplicate of this letter and return to me at your earliest convenience by mail or j email Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission I Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton - Date: Sigrpture, Received By &-A C,an77r// Title: Clerk--F OfS?L Please print name arm/ o~ Tr PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 07/19/2013 01:25 6312B35606 SOUTHAMPTON TOWN CLK PAGE 01/01 o~g>,{fFOt,~~o ELIZABETH A. NEVILIX, MMC ,y. lbws Halt, 53096 Main, Bond TOWN CLERK P.O. Box 1179 2 Southold, New York 11971 REGISTRAR OF VTML STATISTICS Fax (631) 765.6145 MARYJAGE OFFICER i t Ted RECORDS MANAGEMENT OFFICER .sm o0 gyg FREEDOM OF INFORMATION OFFICER T www.eoatholdt ldtmvnnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD I. July 19, 2013 i PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on August 13, 2013: 4;32 PM -A Local Law in relation to the Marine (II) District and Plum Island Zoning. I' Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments I cc: Suffolk County Department of Planning Long Island State Park Commission 4. Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton A S~ e~~ . Date: ~ 14 I ~ Signature, Receive By Gk (rn 4uhca~- C!-L- Title: u Please print name PLEASE SIGN AND RETURN TO SOUTHOLDT 0 ER1'; q1 A lid 61 199 €W CJ Al"]1j-Dc3 07/19/2013 13:24 6317493436 S I TOWN CLERK PAGE 01 ELIZABETH A. NTEVILLLE, MMC ~F Thwn Hall, 59095 Main Road TOWN CLERK P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fux (631) 765-6145 MARRIAGE OFFICER a nlephone (691) 765-1600 RECORDS MANAGEMENT OFFICER www.aoutholdta nygov FREEDOM OF INFORMATION OFFICER OFFTCT OF THE TOWN CLERK TOWN OF SOUTHOLD I~ July 19, 2013 l PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on August 13, 2013: 4:32 PM --A Local Law in relation to the Marine (11) District and Plum Island Zoning. Please sign a duplicate of this letter and return to me at your earliest convenience by mail or . entail. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Date: ?r' !y 3 Signature, Receiv By yy jL4jt, 4 S Titl©llzu . Please print n e PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK o~OS1dFF0(,(c0 ELIZABETH A. NEVILLE, MMC may. 2% Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 C42 Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS 0 Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER wwwsoutholdtownny.gov RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Jill 2 3 2013 July 19, 2013 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on August 13, 2013: 4:32 PM -A Local Law in relation to the Marine (II) District and Plum Island Zoning Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed itvelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Riverhead Town of Shelter Island Town of Southampton Southold Town Building Department Southold Town Board of Appeals Southold Town Planning Board Date: gnature, Received By J Ciy-u ¢ /Yl 7 c?n? CE I Title: l«'l Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK o~gUFfO(,~co ELIZABETH A. NEVILLE, MI14C hZ. ~y Town Hall, 53095 Main Road TOWN CLERK oZ P.O. Box 1179 COD Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS S Fax (631) 765-6145 MARRIAGE OFFICER 0 Telephone (631.) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19, 2013 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on August 13, 2013: 4:32 PM -A Local Law in relation to the Marine (II) District and Plum Island Zoning. Please sign a duplicate of this letter and return to me at your earliest convenience by mail or • email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission I Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport Town of Shelter sland Town of Riverhead ~ own ~f/Soout~h pAAt~onn d /CTl Date: of .ZG/ • Signatu~r/e, Received By f ~S~I E 1~4kS Title: Please print name / PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK RECEIVED i J10 2 r 2013 Southolrl Tcwn Clerk i ~o~Og~FFO(,~c0 ELIZABETH A. NEVILLE, MMC h Gy Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 ca Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS 0 .F Fax (631) 765-6145 MARRIAGE OFFICER 'j',~ • 0~ Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER ~l{ ~a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19, 2013 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on August 13, 2013: 4:32 PM -A Local Law in relation to the Marine (II) District and Plum Island Zoning Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed velope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Riverhead Town of Shelter Island Town of Southampton Southold Town Building Department Southold Town Board of Appeals Southold Town Planning Board Date: gnature, Received By Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Cooper, Linda From: Cooper, Linda Sent: Friday, July 19, 2013 11:49 AM To: Bunch, Connie; Cantrell, Elizabeth; Cooper, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Toth, Vicki; Verity, Mike; Riverhead Town Clerk; Shelter Island Town Clerk; Southampton Town clerk ; Sylvia Pirillo Subject: Notice of PH for zoning on Plum Island, Town of Southold Attachments: PH for Plum Island notic 20130719111859 • • 1 ~~gUFFO(~-C ELIZABETH A. NEVILLE, MMC hZ~ ~l/y Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 COD Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS py • Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19, 2013 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on August 13, 2013: 4:32 PM -A Local Law in relation to the Marine (II) District and Plum Island Zoning. Please sign a duplicate of this letter and return to me at your earliest convenience by mail or • email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Date: Signature, Received By Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Cooper, Linda From: Tracey Doubrava <tdoubrava@timesreview.com> Sent: Friday, July 19, 2013 10:52 AM To: Cooper, Linda Subject: Re: Legal Notice - Plum Island PH I've got this and will have published in the 8/1 edition of the Suffolk Times. Thanks! Tracey Doubrava Display Ad Sales Coordinator Times/Review News Group 7785 Main Rd. P.O. Box 1500 Mattituck, NY 11952 P: (631) 298-3200 E: tdoubrava@timesreview.com om: <Cooper>, Linda <Linda.Cooper@town.southold.nv.us> ate: Friday, July 19, 2013 10:55 AM To: Times Review <tdoubrava@timesreview.com> Cc: tr-legals <legals@timesreview.com> Subject: Legal Notice - Plum Island PH Good morning, Please confirm receipt of this legal notice of public hearing for the August 1, 2013 edition of the Suffolk Times. Thank you and have a good day. Try to stay cool! Linda Cooper Deputy Town Clerk Town of Southold • t Cooper, Linda From: Cooper, Linda Sent: Friday, July 19, 2013 10:56 AM To: Reisenberg, Lloyd Subject: Plum Island zoning Public Hearing notice Attachments: Plum Island zoning 2nd time.docx Please post on the town's website Thanks (coop • 1 MAILING ADDRESS: PLANNING BOARD MEMBERS OF soy P.O. Box 1179 DONALD J. WILCENSBI ~0~~ TyOIO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H. RICH III (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR ~Iycom Southold, NY I'11, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECUT") To: Elizabeth A. Neville, Town Clerk I dUl 1 7 From: Donald J. Wilcenski, Chairman 1)4 Southold Trv Date: July 19, 2013 Re: Resolution Number 2013-521: "A Local Law in relation to the Marine (II) District and Plum Island Zoning" Thank you for the opportunity to provide comments on the referenced proposed Local Law. The Planning Board has reviewed the proposed Local Law and supports adoption of this legislation. cc: Scott Russell, Town Supervisor Members of the Town Board Town Attorney ~OgUFFO(,rc ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 coo Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p _ .F Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Er%?9787937US September 3, 2013 Express Mail RE: Local Law No. 6 & 7 of 2013 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 6 & 7 of 2013 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney `'V r • STATE OF NEW YORK _ DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE CESAR A. PERALES ANDREW M. CUOMO ALBANY, NY 12231-0001 SECRETARY OF STATE GOVERNOR September 6, 2013 Lynda M Rudder RECEIVED Deputy Town Clerk SEP 1 2 2013 Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 Southold Town Berk RE: Town of Southold, Local Law 6 & 7 2013, filed on September 6, 2013 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www dos.ny.gov. Sincerely, State Records and Law Bureau (518) 474-2755 VNM.DOS.NY.GOV E-MaL: INFOODO.S.NY.GOV Cooper, Linda From: Cooper, Linda Sent: Wednesday, September 04, 2013 9:17 AM To: Riverhead Town Clerk; Shelter Island Town Clerk; Southampton Town clerk ; Sylvia Pirillo; Bunch, Connie; Cantrell, Elizabeth; Cooper, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Toth, Vicki; Verity, Mike Subject: Local Law No. 6 of 2013 Enacted - Plum Island Zoning Attachments: LL 6 - 2013 20130904091044 1 o~Og~FFO(,~CO ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK C2 PO. Box 1179 VJ Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p .1C Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER wwwsoutholdtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 4, 2013 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on August 27, 2013: Local Law #6 of 2013: Local Law in Relation to Plum Island Zoning Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank You. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Village of Greenport Southold Town Building Department Southold Town Planning Board Southold Town Zoning Board of Appeals Date: Signature, Received By Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK RESOLUTION 2013-631 ADOPTED DOC ID: 9035 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-631 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 27,2013: 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 Plum Island Zoning" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now there for be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled "A Local Law in relation to Plum Island Zoning" which reads as follows: LOCAL LAW NO. 6 of 2013 A Local Law entitled "A Local Law in relation to Plum Island Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of this local law is to create and establish zoning districts on Plum 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 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. H. 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 ground and percolating into the groundwater, including but not limited to: roads, driveways, parking lots, other pavement, buildings, and concrete pads. §280-5. District designations. PIR Plum Island Research District PIC Plum Island Conservation District Resolution 2013-631 Board Meeting of August 27, 2013 Article XXXI Plum Island Research District (PIR) &280-182. Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities, provide quality employment opportunities and to preserve Plum Island's regionally significant natural, historic, scenic and cultural resources. 4280-183. Use regulations. In the PIR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Research laboratories with multiple buildings allowed in a campus-style development, subject to the following conditions: (a) The use shall not involve the handling, storage or discharge of explosives. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact 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 landmark. 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 Planning Board: (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 §280-183(A) and &280-183(B); (3) Cafeteria for personnel associated with permitted or special exception uses set forth in &280-183(A) and §280-183(B); (4) Infrastructure necessary to the operation of the permitted or special exception uses set forth in &280-183(A) and &280-183(B), 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: Updated: 8/30/2013 8:56 AM by Lynda Rudder Page 2 Resolution 2013-631 Board Meeting of August 27, 2013 Vegetation shall not be disturbed. Where noxious or invasive plants are overtaking native flora or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove ve etg ation. The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants 2. anapplication fee of $100; 3. The Planning Board shall render a written determination within 30 days of receiv of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. §280-184. Bulk, area and parkins reeulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Research District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 125 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 20% of buildable land, except that solar energy 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 (ft.): 30 Landscape area: 30% §280-185. Setbacks. 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. 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 significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. §280-187. Use regulations. In the Plum Island Conservation District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: Updated: 8/30/2013 8:56 AM by Lynda Rudder Page 3 Resolution 2013-631 Board Meeting of August 27, 2013 A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Nature preserve (2) Public park (3) Educational facility related to the study of natural resources conservation. All sewage will be treated by a sewage treatment plant or similar sewage treatment. (4) Museums, housed in existing designated historic landmark. All sewage will be treated by a sewage treatment plant or similar sewage treatment. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar energy generation in excess of that needed to provide power to permitted uses. 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 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 are overtaking native flora or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native pI ants; 2. an application fee of $100; 3. The Planning Board shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. 4280-188. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. Editor's Nate: The Bulk Schedule is included at the end o/ 'this chapter, and the Parking and Loading Schedules are in S$ 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 single parcel the number of which are limited only by lot coverage Updated: 8/30/2013 8:56 AM by Lynda Rudder Page 4 Resolution 2013-631 Board Meeting of August 27, 2013 Lot Coverage: 2% of buildable land, except that solar energy installations may exceed this limit up to a total of 20% lot coverage. Impervious surface: 5% of buildable land, except that solar energy installations may exceed this limit up to a total of 20% impervious surface. 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. Zoning Map Amendment. Based upon the Town Board's consideration of the recommendation of the Town's Planning Board, the SEQRA review, the Plum Island Planning Study and the public comments taken at the public hearing or otherwise, the Town Board of the Town of Southold hereby amends the Official Zoning Map of the Town of Southold as adopted by §280-6 of the Town Code to create the Plum Island Research District (PIR) and the Plum Island Conservation District (PIC), as depicted on the attached map. IV. 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. V. 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 [UNANIMOUS1 MOVER: James Dinizio Jr, Councilman SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Updated: 8/30/2013 8:56 AM by Lynda Rudder Page 5 Rudder, Lynda From: ezsupp <ezsupp@generalcode.com> Sent: Tuesday, September 03, 2013 10:21 AM To: Rudder, Lynda Subject: RE: Emailing: LL #6, LL #7 Thank you for your e-mail. If you are sending legislation for your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail your Account Representative. General Code 1-800-836-8834 ezsupp(o)generalcode.com 1 09/04/2013 08:37 6317493436 S I TOWN CLERK PAGE 01 Fl oc.t ELIZABETH A. NEvILLE. MMC '4j~ 'I 76wn Hall, 63096 Main Road TOWN CLERK I X P.O. Ho: 1179 REGISTRAR OF VITAL STATISTICS V Southold, New York 11971 MARRIAGE OFFICER 0, Fax (631) 79&6146 RECORDS MANAGEMENT OFFICER 'telephone (631) 766-1800 FREEDOM OF INFORMATION OFFICER www.aouEholdtownnygav OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 4, 2013 I i PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on August 27, 2013: Local Law #6 of 2013: Local Law In Rel tion to Plum lsland Zonine_ Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email, Thank you. i Elizabeth A, Neville Attachments Town Clerk cc: Suffolk County Department of Planting Long Island State Park Commission f Email: Town of Riverhead Town of Shelter Island Town of Southampton Village of GreenpoR Southold Town Building Department Southold Town Planning Board Southold Town Zoning Board of Appeals Date: Si ature, Received~y U rcVLU4 S C1 Title: Tit.,., Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ~gUFFO(~- ELIZABETH A. NEVILLE, MMC ~y.0 C~S Town Hall, 53095 Main Road TOWN CLERI{ p P.O. Box 1179 to Southold, New York 11971 REGISTRAR OF VITAL STATISTICS "fj • Fax (631) 765.6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownnygov i OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 4, 2013 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on August 27, 2013: i Local Law #6 of 2013: Local Law in Relation to Plum Island Zoning I' Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Village of Greenport Southold Town Building Department Southold Town Planning Board Southold Town Zoning Board of Appeals Pa'f I Date: Sigilatur , R ived By ~ IA RAID 4 Title: S T Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK i 09/16/2013 00:25 6312835606 SOUTHAMPTON TOWN CLK PAGE 01/01 o`~gUFFQ~,~-cQ~ ELI7ABETHA. NEVILLE, MMC lbK Sall, 58096 Main Road TOWN CLERK o P-0- Box 1179 REGISTRAR OF VITAL STATISTICS a Southold, New York 1X971 MARRIAGE OFFICER Fax (631) 765-6146 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER W".southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 4, 2013 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on August 27,2013: Local Law #6 of 2013: Local Law in Relation to Plum Island ZoninE Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Village of Greenport Southold Town Building Department Southold Town Planning Board Southold Town Zoning Board of Appeals Si tur , bake: g , Receive y .~O mt Title: So~~io~,TwrJ Glek,~ Please pri t name _ '-r~ PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK RECEIVED SEP 1 6 2013 "atthold Town 084 0~0511fF0(,~co ELIZABETH A. NEVILLE, MMC hy~ oy Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 Ca Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O .F Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SEP 2 0 11"13 September 4, 2013 Southol3 Town rle.6 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on August 27, 2013: Local Law #6 of 2013: Local Law in Relation to Plum Island Zoning Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk 40 Attachments cc: Suffolk County Department of Planning/ Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Village of Greenport Southold Town Building Department Southold Town Planning Board Southold Town Zoning Board of Appeals Date: gn ture, Received y IN.") &M Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ~'103ffot-f c, ELIZABETH A. NEVILLE, MMC T<i~vh'HAL 03095,M, ain Road TOWN CLERK C 9p P.O. Box `I 17iJ (,iC t, r. CA Z SY,I h , ]tky 44 11971 REGISTRAR OF VITAL STATISTICS Fax (631 7 1935 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19, 2013 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hoid a PUBLIC HEARING on the proposed Local Law listed below on August 13, 2013: 4:32 PM -A Local Law in relation to the Marine (II) District and Plum Island Zoning Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. y~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Riverhead Town of Shelter Island Town of Southampton Southold Town Building Department Southold Town Board of Appeals Sou Id Town Planning Board Date: ~~lZ f /3 Iignature, Received y Q~e%2 a Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK NEW YORK STATE. DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NV 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ? County ? City RI Town of SOUTHOLD ? Village Local Law No. 6 of the year 2013 . A Local Law entitled, A Local Law in relation to Plum Island Zonine Be it enacted the Town Board of the: ? County ? City Q Town of SOUTHOLD ? Village LOCAL LAW NO.6 of 2013 1. Purpose. The purpose of this local law is to create and establish zoning districts on Plum 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 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 areas where the ground 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. §280-5. District designations. PIR Plum Island Research District PIC Plum Island Conservation District (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) 1 Article XXXI Plum Island Research District (PIR) §280-182. Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities, provide quality employment opportunities and to preserve Plum Island's regionally significant natural, historic, scenic and cultural resources. §280-183. Use regulations. In the PIR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Research laboratories with multiple buildings allowed in a campus-style development, subject to the following conditions: (a) The use shall not involve the handling, storage or discharge of explosives. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact 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 landmark. 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 Planning Board: (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 §280-183(A) and §280-183(B); (3) Cafeteria for personnel associated with permitted or special exception uses set forth in §280- 183(A) and §280-183(B); 2 (4) Infrastructure necessary to the operation of the permitted or special exception uses set forth in §280-183(A) and §280-183(B), 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 are overtaking native flora or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants; 2. an application fee of $100; 3. The Planning Board shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. §280-184. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Research District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 125 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 20% of buildable land, except that solar energy 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 (ft.): 30 Landscape area: 30% §280-185. Setbacks. 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. Article XXXII Plum Island Conservation District (PIC) §280-186. Purpose. 3 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 any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Nature preserve (2) Public park (3) Educational facility related to the study of natural resources conservation. All sewage will be treated by a sewage treatment plant or similar sewage treatment. (4) Museums, housed in existing designated historic landmark. All sewage will be treated by a sewage treatment plant or similar sewage treatment. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar energy generation in excess of that needed to provide power to permitted uses. 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 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 are overtaking native flora or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants; 2. an application fee of $100; 3. The Planning Board shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. §280-188. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. l:ditor'r (Vote. The Bilk .Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in ~ 2N0-'8 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. 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 (fr.): 30 §280-189. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the shoreline and wetlands. III. Zoning Map Amendment. Based upon the Town Board's consideration of the recommendation of the Town's Planning Board, the SP.QRA review, the Plum Island Planning Study and the public comments taken at the public hearing or otherwise, the Town Board of the Town of Southold hereby amends the Official Zoning Map of the Town of Southold as adopted by §280-6 of the Town Code to create the Plum Island Research District (PIR) and the Plum Island Conservation District (PIC), as depicted on the attached map. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 5 (Complete the certification in the paragraph that applies to the tiling of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 6 of 20 13 of the (Geuni j(Town) E`Ilage) of SOUTHOLD was duly passed by the TOWN BOARD on Aueust 29 20 13 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(V illage) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20, in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) 6 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph 1 above. Clerk of the County legislative body. City. Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: Aueust 30, 2013 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK 1, the undersigned, hereby certify that the foregoing local law connw orrect text and that all proper proceedings have been had or taken for the enactment of the local law annexed her Signs re Marti mnegan, Town Attorney Jennifer Andaloro. Esq., Assistant Town Attornev Title Gity Town of SOUTHOLD Date: Aueust 30, 2013 7 o° era RESOLUTION 2013-631 ADOPTED DOC ID: 9035 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-631 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 27,2013: 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 Plum Island Zoning" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now there for be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled "A Local Law in relation to Plum Island Zoning" which reads as follows: LOCAL LAW NO. 6 of 2013 A Local Law entitled "A Local Law in relation to Plum Island Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of this local law is to create and establish zoning districts on Plum 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 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 areas where the ground is covered by a surface that interrupts or prevents rain from failing directly to the ground and percolating into the groundwater, including but not limited to: roads driveways parking lots other pavement, buildings, and concrete pads. §280-5. District designations. PIR Plum Island Research District PIC Plum Island Conservation District Resolution 2013-631 Board Meeting of August 27, 2013 Article XXXI Plum Island Research District (PIR) §280-182. Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities, provide quality employment opportunities and to preserve Plum Island's regionally significant natural, historic, scenic and cultural resources. &280-183. Use regulations. In the PIR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Research laboratories with multiple buildings allowed in a campus-style development, subject to the following conditions: (a) 'The use shall not involve the handling, sorage or discharge of explosives. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact 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 landmark. 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 Planning Board: (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 11280-183(A) and §280-183(B); (3) Cafeteria for personnel associated with permitted or special exception uses set forth in 4280-183(A) and &280-183(B); (4) Infrastructure necessary to the operation of the permitted or special exception uses set forth in §280-183(A) and §280-183(B), 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; Updated: 8/30/2013 8:56 AM by Lynda Rudder Page 2 Resolution 2013-631 Board Meeting of August 27, 2013 Vegetation shall not be disturbed. Where noxious or invasive plants are overtaking native flora or where vegetation must be disturbed in conjunction with a permitted use an application may be made to the Planning Board for an approval to remove vegetation The application shall include: 1. a plan indicating the types of vegetation present the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native Ip ants: 2. an application fee of $100: 3. The Planning Board shall render a written determination within 30 days of receip of a complete application stating the reason therefor and advising the applicant of the right to appeal, and 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. 6280-184. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Research District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 125 acres Uses: Multiple uses and buildings are allowed on a single parcel the number of which are limited only by lot coverage Lot Coverage: 20% of buildable land, except that solar energy 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 (ft.): 30 Landscape area: 30% 6280-185. Setbacks. 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 Article XXXII Plum Island Conservation District (PIC) 6280-186. 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. 6280-187. 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: Updated: 8/30/2013 8:56 AM by Lynda Rudder Page 3 Resolution 2013-631 Board Meeting of August 27, 2013 A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Nature preserve (2) Public park (3) Educational facility related to the study of natural resources conservation. All sewage will be treated by a sewage treatment plant or similar sewage treatment. (4) Museums, housed in existing designated historic landmark. All sewage will be treated by a sewage treatment plant or similar sewage treatment. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar energy generation in excess of that needed to provide power to permitted uses. 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 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 are overtaking native flora or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a revegetation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native ]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 advising the applicant of the right to appeal; and 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. &280-188. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference with the same force and effect as if such regulations were set forth herein in full. Editor's Note The Bulk Schedule is included at the end of this chapter, and the Parking and Loadinst Schedules are in ~s~ 280-78 and X80-79. 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 Updated: 8/30/2013 8:56 AM by Lynda Rudder Page 4 Resolution 2013-631 Board Meeting of August 27, 2013 Lot Coverage: 2% of buildable land except that solar energy installations may exceed this limit up to a total of 20% lot coverage. Impervious surface: 5% of buildable land, except that solar energy installations may exceed this limit up to a total of 20% impervious surface. Building height (ft.): 35 Number of stories: 2 Setback from property line (ft.): 30 4280-189. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the shoreline and wetlands. III. Zoning Map Amendment. Based upon the Town Board's consideration of the recommendation of the Town's Planning Board, the SEQRA review, the Plum Island Planning Study and the public comments taken at the public hearing or otherwise, the Town Board of the Town of Southold hereby amends the Official Zoning Map of the Town of Southold as adopted by §280-6 of the Town Code to create the Plum Island Research District (PIR) and the Plum Island Conservation District (PIC), as depicted on the attached map. IV. 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. V. 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 JUNANIMOUSI MOVER: James Dinizio Jr, Councilman SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Roland, Doherty, Talbot, Evans, Russell Updated: 8/30/2013 8:56 AM by Lynda Rudder Page 5