HomeMy WebLinkAbout12_D_7Letter to Southold1
founding members of the North Fork Clean Water Action Group
January 2, 2013
Attn: Supervisor Scott Russell and
Southold Town Board
Southold Town Hall
PO Box 1179
Southold, NY 11971
Dear Supervisor Russell and Members of the Town Board,
We, the undersigned, recognize the significant efforts that the Town has made to bring its
Comprehensive Plan process to completion, but we also understand that the preparation of the final
document as well as its subsequent review and adoption, will take many more months to finish. Given
that timeline, and the vital importance of moving forward with a number of community planning and
conservation efforts, we recommend that certain priority actions for which there is likely to be
widespread support, not be unnecessarily delayed until a final plan is approved.
To that end, we collectively request that the Town Board begin to advance several recommendations,
which have been outlined in the Draft Comprehensive Plan and reviewed by the public.
We are particularly concerned about making forward progress on the future protection and restoration
of our precious water resources due to the following facts:
1. The North Fork has some of the highest recorded levels of nitrogen compounds in the county
in our groundwater, which can impact human and environmental health.
2. The Suffolk County Department of Health Services has concluded that many of the North
Fork's wastewater disposal systems will become compromised by the effects of sea level rise
and the related impacts of rising groundwater elevations.
3. Southold Town is experiencing an increasing occurrence of harmful algae blooms (HAB’s),
declining eel grass beds in town waters, and low levels of dissolved oxygen (Mattituck Creek).
All of these occurrences have been correlated to rising nitrogen levels and the declining health
of local ecosystems.
4. The Draft Suffolk County Comprehensive Water Resource Management Plan has
recommended that the minimum lot size in Hydrological Zone IV be raised from the current
standard of one unit/half-acre, to one unit/acre density because higher density development
has not afforded adequate protection of groundwater quality in this zone, which includes much
of the North Fork.
5. A substantial amount of the Town’s historic development does not conform to current water
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quality standards. As a result, existing neighborhoods with small lots are adding nutrients and
pollutants at a rate that exceeds the ability of land area to provide adequate attenuation and
dilution before reaching our water resources, causing environmental stress.
6. With the economy rebounding, pressure for new development will soon follow and if current
development conditions and requirements continue, they will only serve to add further stress to
our already burdened water resources.
Healthy waters are critical to the North Fork way of life. We also know that improved surface water
quality is critical not just to the resurgence and sustainability of eelgrass beds, shellfish beds and
finfish populations, but to the sustainable economic future of our entire community. Clean water
provides food for a growing population, supports the tourist trade, improves the fishing industry,
promotes recreational boating, maintains high property values and sustains our second home
economy.
In light of these realities, we ask that the Town of Southold advance steps to address water quality
issues, just as it did for economic issues and Plum Island zoning, and take action now.
NEXT STEPS
Southold Town has always taken critical action when needed to protect and preserve our natural
resources and the result has made the Town one of the most desirable places to live, work vacation
and raise a family on all of Long Island. Today, the declining state of our ground and surface waters
means that Southold must move swiftly and effectively to engage the challenges of protecting and
restoring its water quality before the issue of local water pollution grows beyond the Town’s capacity.
To that end, we respectfully request that the Town undertake the following initiatives:
I. Establish a Water Quality Advisory Committee
The Town has historically recognized areas of importance and established mechanisms to address
them proactively. . Some examples include the Land Preservation Committee, the Stormwater
Management Committee and the Agricultural Advisory Committee. But even with a Wastewater
Management District and a Fisher's Island Sewer District, the Town has yet to establish a Water
Quality Advisory Committee, a group that could not only advise the Town Board, but act as a
bridge between other water-related committees and synthesize an integrated approach to this
important issue.
We believe that such a committee should evaluate and oversee action items to improve water
quality, including but not limited to:
A. Oversee the development of a Town-wide Comprehensive Water Resources Management
Plan, including an action plan and timetable, identifying short-, mid-, and long-term action
items. This can be coordinated with existing and ongoing studies, as well as efforts in other
locales.
B. Evaluate incentive options, regulation, financing and management/reporting formats to support
the action plan. Consider regional and county compatible solutions and opportunities to
leverage local actions.
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C. Evaluate the current Town-wide Wastewater Disposal District and recommend ways to better
coordinate the district's scope and plan within the Comprehensive Water Resources
Management Plan, noted above.
D. Coordinate with other towns, county and state government and agency representatives on
management, inspection and implementation strategies, including pilots of options that may
suit our local environment and land-use patterns.
E. Facilitate public outreach and educational efforts related to improved water quality.
The careful composition of the Water Quality Advisory Committee would be a critical factor in
providing the Town Board with objective, science-based information and recommendations. If the
committee were to have nine members, for example, we believe that the following make-up would
provide the broad base needed:
Two members from Southold Town government staff – e.g. one member of the
Planning Department and one (1) member of the Engineering Department
One member of the scientific community – e.g. water quality experts, hydrologists, etc.
One member of the environmental advocacy community
One member with a civic organization perspective
One member from a design/engineering/planning perspective
One member from the agricultural community
One member of the Town Board
One member of the Town Trustees
II. Establish a Town-wide and/or Watershed Protection Improvement District
In August 2012, Governor Cuomo signed into law the Watershed Protection Improvement District
bill which provides that after a watershed protection improvement district has been established, a
town board may take such action as may be required to adopt plans and specifications and enter
into contracts, or take such other actions as may be required for the protection and restoration of
groundwater, surface waters and drinking water quality as it may deem to be necessary or
desirable.
The need for such a district is clear as it will create a dedicated, sustainable local funding source,
with equitable shared costs. Through watershed protection improvement districts, towns are able
to raise funds to install and maintain the following systems and efforts: storm water treatment,
drainage and infiltration projects, septic system upgrades, alternative septic systems, community-
based septic solutions (?), conservation landscaping, storm water collection devices and natural
shorelines and shoreline buffers. Therefore, coordination between the various departments and
committees already in existence is critical.
While the Town can start with an overall planning approach using existing studies and data,
localized refinements will help determine solutions, optimizing cost benefits. The approach should
be two-pronged: 1) advancing “pilot” and nitrogen mitigation demonstration projects immediately
and 2) continuing further refinement of existing data/studies, for instance identifying locations
where maximum mitigation is needed, where 50% mitigation meets goals, and where density
minimums address the issue. Examples include localized-TMDL (total maximum daily load) studies
and evaluating sub-watershed zones where needs differ.
Although solutions may vary, the organization should have sufficient scope and structure to
simplify the administration and shorten the timelines for implementation. The funding mechanism
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permitted under the Watershed Protection Improvement District will help move the process
forward. The funds can also help leverage available grants and pay for the planning, design,
management and implementation costs of improvements.
III. Adopt a Town-wide Wastewater Management Plan
Such a plan would be part of the Town-wide or Watershed Protection Improvement District and
would set priorities and specifically identify where certain improvements are needed. Incorporating
nitrogen mitigation in a comprehensive plan will also aid any applications for funding.
Some actions that the plan might incorporate are:
A. Establish watershed and sub-watershed goals for nitrogen mitigation based on water quality,
land-form and land use conditions.
B. Consider impacts of climate change on existing wastewater infrastructure
C. Identify where sewer district expansions, new clustered systems, on-site enhanced units or
upgrades to current septic standards make environmental and economic sense for the
protection of aquifer and surface water quality.
D. Establish a program to phase out cesspools. While the County has jurisdiction over on-site
wastewater treatment, towns can be more stringent, especially in critical areas, such as
shallow depths to groundwater.
E. Recommend an inspection/maintenance schedule for single on-site systems based on system
location, type, size and usage to identify conditions of potential environmental failure, improve
databases and ensure continued compliance with goals.
F. Foster a pilot program to improve effluent quality of single on-site systems and/or clustered
systems.
This plan can take advantage of the work already being done, including:
The mapping being executed by Peconic Green Growth of issues that contribute to
water impairment (2013-2014)
The wastewater study about to be executed by the Suffolk County Department of
Health Services for systems under 1000 gallons/day (2014-2015)
Recommendations and data from the Peconic Estuary Program’s nitrogen committee
(2014)
Research executed by The Nature Conservancy (2013 – 2014)
LI Sound study of embayments being executed by Cornell Cooperative Extension
The plan should address both existing and future development. Once completed, the plan should
be formally adopted into the Town’s Comprehensive Plan. Potential products include:
a. Maps showing areas slated for mitigation.
b. Prioritization of proposed capital projects.
c. Identification of sites targeted for acquisition for clustered treatment facilities
d. Identification of a management/reporting structure for decentralized systems (in coordination
with the County)
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IN CONCLUSION
Wastewater regulation, standards and policy play a critical role in land use planning and the protection
of water quality in aquifers used for drinking water and surface water bodies. Wastewater treatment is
a key factor when planning for hamlet densities, as the County uses lot sizes to calculate effluent
dilution to achieve standards protecting drinking water quality. At the same time current standards are
not stringent enough in environmentally sensitive areas where groundwater impacts surface water
bodies, especially in our estuaries of national importance.
Since the Town has a high percentage of existing, non-conforming situations, solutions for existing
infrastructure needs to be sought, as well as defining limits for new development. Survey results show
that while the majority of residents – homeowners and renters – would agree to help fund water
improvement efforts either through increased water fees, sewer fees and/or taxes, most people also
believe that the upgrade of wastewater treatment systems is appropriate for support and subsidy by
the larger community and government.
It's important to understand that the time to act is now. If efforts are prioritized and projects in the 0- to
2-year influence zone targeted for early action, we can see water quality improvements in as little as
two years. We can reverse the decline. We hope Southold will begin this important work now, as it will
allow Town interests to be developed in sync with County efforts, while setting a schedule for
realizable improvements.
We look forward to working with the Town to advance the future of water quality protection and
restoration throughout Southold Town and preserve the health, beauty and viability of our community
for needs of today and the benefit of all those who will come after us.
Sincerely submitted by,
Robert DeLuca William Toedter Glynis Berry
Group for the East End North Fork Environmental Council Peconic Green Growth