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WATER SUPPLY MANAGEMENT & WATERSHED PRO'T'ECTION
STRATEGY
EXECUTIVE SUMMARY
INTRODUCTION
The Town of Southold Water Supply Management & Watershed Protection Strategy
(WMT & WP,S) was prepared to address two issues of considerable significance with respect to
the future of the Town of Southold: the protection of the quality and quantity of its groundwater
supply for present and future use, and the maintenance of the community's ruraUagri cultural
character. The challenge to developing a successful strategic approach to protect these resources
is based on the understanding that in certain respects the pursuit of these objectives may be
contradictory. Simply put, the operation of agricultural properties has historically resulted in
certain threats to the water supply and quality in the Town of Southold. The strategic approach
offered in this document outlines policies and actions that will enhance opportunities for the
protection of groundwater resources, while allowing for the continued operation of the Town's
agricultural activities.
In formulating the proposed watershed protection strategy, the WSM & WPS analyzed the
Town's geology and soil characteristics, surface and groundwater resources, land use and
development characteristics, and demographic trends. In addition, the analysis included
descriptive summaries of prior planning and environmental studies in the Town of Southold, and
existing land protection measures. The results of this analytical process yielded numerous
findings and opportunities to address a broad range of watershed protection issues. The report
proposes specific recommendations to address the various issues outlined in the analysis, with
the objective of protecting the Town's groundwater and agricultural resources.
Toxk n of Southold
Water Supply Management & Watershed Protection Strategy
Executive Summary
ISSUES
The preservation of the Town's groundwater resources is critical since the community is
dependent on freshwater resources beneath the land as a water supply source for water for both
drinking and irrigation. In response to this situation, the Town of Southold has implemented
many programs to protect the watershed and preserve farmland through various comprehensive
and master planning efforts over the past twenty (20) years. Geographically, the primary and
most sensitive recharge areas of the watershed are located along the central spine of the Town.
Based on the environmental significance of this watershed resource, the Long Island Regional
Planning Board has designated two areas within the Town's central spine as Special
Groundwater Protection Areas (SGPA). The section of the recharge area west of Mattituck
Creek is within the Northeast Sector of the Central Suffolk SGPA; the recharge area east of
Mattituck Creek is designated as the Southold SGPA.
The formulation of the proposed strategies and actions recommended in the MW & WP.S
are based on the identification of key local environmental factors and conditions, and related
development activities impacting the subject watershed areas. It is necessary to first understand
land development characteristics and trends in the Town of Southold, before assessing potential
impacts to environmental resources.
Historical development patterns within the Town of Southold have lead to numerous
problems relative to the environmental condition of the watershed area. For the most part,
residential development has occurred in Town along its southern shoreline, with agricultural uses
generally located on large interior lots that extend from Route 25 to the north shore of the Town.
Currently, residential and agricultural properties comprise relatively the same proportion of the
Town's existing land use, approximately twenty-nine (29) and thirty-one (3 1) percent,
respectively. However, over 15,000 acres, or forty-seven (47) percent of the Town of
Southold's estimated 32,250 acres of mainland upland acreage is currently available for
development. Residentially zoned land accounts for 14,537.8 acres, or about ninety-seven (97)
percent of the land available for development in Town. Included in this total are properties that
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Water Supply Management & Watershed Protection Strategy
Executive Summary
are actively utilized for agriculture, but which could be developed for single-family housing
under existing zoning. The remaining properties fall within commercial and industrial
designations.
The report indicates that the significant amount of property available for development,
along with emerging development pressures, potentially could threaten the existing balance of
residential and agricultural properties in the Town. This would have serious implications with
respect to the Town's watershed areas and it's agricultural character. Residential development
trends dating back to the 1960's have resulted in a steady expansion of the Town's housing
stock, fueled in particular by the growth of the second or seasonal home market. However, in
recent years other factors that are likely to continue into the next decade have contributed to the
demand for housing in the Town. Specifically, it is concluded in the WSM & WP,S that the
scarcity of land available for primary and second homes in towns west of Southold, the
expansion of regional employment opportunities, the development of east end tourism attractions
and the trend towards smaller household size will result in an increasing demand for housing
units in the Town.
A key observation with respect to the changing land use dynamics in the Town of
Southold is the escalating land prices resulting from the previously discussed demand for
residential housing. The increasing cost of land potentially may threaten the economic viability
of agricultural properties and result in the loss of farmland for residential development. Farm
operations that continue may have to shift their crop production to special niche markets that will
allow for higher profitability. This trend may detract from the traditional agricultural scenery
and the bucolic setting that has long attracted visitors to the east end, and may lead to land use
conflicts between farm owners and the Town's residents.
As noted, the Town's land use characteristics and future development trends will have
significant impacts on the environmental conditions related to the subject groundwater recharge
areas. In particular, the following observations emerged when considering both land
development activities and watershed attributes in the Town of Southold:
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• A significant portion of the open space and related agricultural properties located in the
Town of Southold lie along its central spine, within the earlier identified SGPAs and the
critical aquifer recharge areas. The protection measures offered in the proposed watershed
strategy are targeted for these central recharge areas with the intended purpose of ensuring
the availability of the Town's long term water supply for residential and agricultural use.
• The Town contains many areas of environmentally sensitive lands where development
activities potentially could have a negative impact on the aquifer recharge areas.
Development in areas with steep slopes may result in erosion and sedimentation that impacts
adjacent ponds and surface water. These freshwater wetlands are of considerable importance
relative to watershed protection since they act to store and filter recharge, and are
hydraulically connected to the aquifer. In addition, there are areas in the Town which exhibit
shallow groundwater that are particularly sensitive to development impacts associated with
the installation of sanitary systems.
• The primary groundwater quality issue within the associated watershed area results from
contamination related to the historical use of pesticides and fertilizers for agricultural
purposes. In addition, nitrates associated with the operation of residential sewage disposal
systems have also contributed to groundwater contamination. However, the prohibition of
the use of pesticides such as aldicarb on the North Fork and dispersal has resulted in a
reduction in the concentration found in the groundwater. As a result, it is probable that much
of the groundwater on the North Fork will be suitable for consumption without treatment
within the next twenty (20) years.
• Coastal areas, and other sections of the Town that exhibit a higher intensity of development
may be subject to salt water intrusion and upconing, which has the potential to impair water
quality as a result of chloride contamination. This situation is a result of a thin freshwater
lens in these areas coupled with the overpumping of wells. As a result, the availability of
potable water in such areas limits residential development potential.
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The Town of Southold's efforts to preserve and protect open space and agricultural
properties over the past twenty years have been moderately successful. Both the Town and
Suffolk County operate Purchase of Development Rights (PDR) programs, which have preserved
a total of approximately 2,318 acres since 1974. Therefore, of the current total of 10,232 acres
of farmland in the Town of Southold, approximately twenty-four (24) percent are protected from
development under municipal PDR programs. In addition, the Town's capacity to acquire land
for preservation purposes has been strengthened as a result of the real estate transfer tax funds it
will receive via the enactment of the Peconic Bay Region Community Preservation Act of 1998.
In compliance with the Act, the Town has prepared a Community Preservation Project Plan
(CPPP) to guide future acquisitions of land for preservation.
Further, the Town of Southold has utilized traditional planning techniques such as zoning
and cluster subdivision designs, along with its PDR program and private conservation easements
to preserve farmland. Through the implementation of a Conservation Opportunities Planning
(COP) process, the Town has worked with private interests to proactively use conservation
techniques and public funding for land preservation. A summary chart of Town initiatives which
benefit open space, rural qualities of the Town and aquifer protection is presented on the
following page.
The Action Strategies proposed in this document are intended to build upon the Town's
existing framework of planning initiatives that have been implemented for watershed protection
and land preservation.
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XStk�g 1prOtia Cs
. .:_ ....
..................................................... ........
S#f f 1IaIQ#Shp';i>i?'
............. ......... _........................ .
Farm and Farmland Protection Strategy
Study of farming needs in connection with farm
community, and efforts to maintain and protect
farm use; strategy targets preservation of prime
agricultural land, much of it in the watershed
protection zone.
Zoning Code Implementation
Application of Town zoning review; use of
mandatory clustering
State Environmental Quality Review Act Review
SEQRA review with possible requirement of an
environmental impact statement, mitigation and
measures to protect the environment.
Conservation Opportunities Planning Process
Cooperative efforts with landowners to achieve
balanced development with preservation of open
space and farmland, meeting the economic
needs of the private landowner.
Community Preservation Project Plan
Identification of target acquisition parcels for a
variety of purposes and protection measures
including watershed protection.
Rezoning Initiatives
Route 48 study and other zoning review that the
Town is contemplating in order to meet the
long-range goals and objectives of the Town in
terms of land use.
Local Waterfront Revitalization Program
Comprehensive inventory of coastal resources
with establishment of policies to achieve state-
wide coastal zone management goals;
designation of the overall Town as the coastal
zone due to the interwoven nature of coastal
resources and Town character.
Other Studies, Plans, and Planning Participation
Scenic By -ways Study; Participation in the
Peconic Estuary Program; Public -Private
Partnership Strategies; Town Trustees Wetland
Protection under Chapter 97.
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ACTION STRATEGIES
The WMI & WPS proposes a number new initiatives, involving the establishment of new
zoning and special district designations, as well as coordinating expansion of services. The
following section highlights the action strategies proposed in the document.
COORDINATE WITH WATER UTILITY
The Suffolk County Water Authority (SCWA) has had an increasing presence on the North Fork,
particularly since its purchase of the Greenport Water District in 1997. The Authority recognizes
that the expansion of its public water main distribution system will be a major determinate of
future development activities in the Town of Southold. This is supported in part by the
observation that there are areas throughout the Town subject to salt -water intrusion and
upconing, severely limiting the capacity to provide potable water to residential housing in the
absence of public water.
The potential impact of expanded public water lines to the central area of the Town, which
contains a significant percentage of the Town's remaining agricultural and open space properties,
creates a number of concerns. Most notable is that much of this agricultural land is within the
Town's two SGPAs, and its groundwater recharge area. From an environmental and
groundwater protection perspective, it is advisable to limit population density and control growth
to the maximum extent possible. This strategy serves the dual purpose of ensuring a sustainable
population in the future, and protecting a primary groundwater aquifer recharge area. The Town
should seek a commitment from the SCWA to not extend public water lines to such areas, and
coordinate future extensions in accordance with its watershed protection objectives.
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WATER QUALITY TREATMENT DISTRICTS
State law authorizes towns to create Water Quality Treatment Districts in areas not presently
being served by a public water supplier. The districts are empowered to test water quality, install
and maintain water treatment systems where necessary, and advise well owners on methods of
reducing contamination. It is recognized that areas within the Town's central recharge zone may
currently be impacted by degraded water quality, particularly as a result of ongoing agricultural.
operations. In order to provide an adequate water supply to existing users within this area,
without extending public water and intensifying development, the WSM & WPS recommends
that the formulation of Water Quality Treatment Districts be explored.
The establishment of such a district would require a joint effort involving the Town of Southold,
the Suffolk County Department of Health Services, and the Suffolk County Water Authority.
The district boundaries and program provisions must be carefully controlled so as to not promote
growth in areas of the Town where density limitations and retention of farmland are intended.
The Watershed Strategy depicts those areas in Town where the extension of public water mains
is not feasible or practical, and the establishment of a water district may be the appropriate
alternative.
CRITICAL ENVIRONMENTAL LAND (CEL) ORDINANCE
As part of its watershed protection policy, it is suggested in the WSM & WPS that the Town
adopt a Critical Environmental Land (CEL) ordinance that specifically recognizes land within
the municipality determined to be environmentally sensitive. The CEL would strengthen the
Town's existing development review process by prohibiting development in the following
sensitive areas, where construction activities are likely to have a negative impact on the
watershed.
• Freshwater wetlands and adjacent areas
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• Tidal wetland and adjacent areas
0 Lands with natural slopes in excess of 15%
• Lands with a depth to groundwater of less than 10 feet
In order to accomplish this objective, the CEL ordinance should include provisions that
remove acreage within an environmentally sensitive area from the density yield for a proposed
development. Essentially, these critical environmental lands would not be permitted to
contribute toward the minimum lot size of subdivision lots. The ordinance would also prohibit
alteration of Critical Environmental Lands, in order to assure maximum protection. The CEL
ordinance would apply to all lands and all zoning districts within the Town of Southold. The
nature and value of these resources are not related to jurisdictional boundaries and warrant
maximum preservation by virtue of their occurrence within the Town.
WATERSHED PROTECTION ZONES (WPZ'sj
The WSM & WPS recommends that two Watershed Protection Zones be established within the
central area of the Town of Southold, between Mattituck Creek and the hamlet of Southold, and
the area west of Mattituck Creek in the vicinity of Laurel Lake. Generally, this recommendation
is based on a number of key elements that these areas exhibit which warrant the establishment of
this special overlay protection district. In particular, these geographic areas represent large lot
holdings, exhibiting contiguous blocks of agricultural properties that contribute significantly to
the rural character of the Town. Further, the subject areas are significant recharge areas, lying
substantially above the five-foot groundwater contour, and generally coinciding with the SGPA
boundaries established within the Town.
The legislative intent of the establishment of these protection zones is to heighten public
awareness of their critical environmental significance with respect to groundwater and
agricultural resources, and to provide a first step for additional planning measures.
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In order to effectively manage the WPZs, the Town needs to reduce development density to
maintain the existing landscape to the maximum extent practicable. Therefore, these designated
areas should be considered "Restricted Growth Areas" which are regulated by an additional
level of development standards and guidelines to achieve the goals and objectives of the
proposed Watershed Protection Strategy. Development standards are proposed to include the
following measures:
• Control or reduce development density to limit nitrogen loading;
• Eliminate the construction of new sewage treatment plants in the WPZ's;
• Restrict the storage and use of toxic and hazardous materials in the WPZ's;
• Maximize open space and reduce development density near public water supply sources;
• Protect wetlands and adjacent areas;
• Provide environmentally compatible stormwater recharge systems;
• Preserve existing vegetation, specimen trees and wooded edges wherever possible;
• Align contiguous areas of undeveloped open space and farmland through development
design;
• Minimize areas established in fertilizer dependent vegetation;
• With the exception of agricultural use, revegetate permanent buffer areas with plantings
having a low fertilizer and irrigation dependency;
• Identify and protect species in communities of special concern;
• Provide a mechanism for the management of open space and agricultural lands; and
• Restrict commercial and industrial development to protect quality of groundwater recharge
and rural character.
CONSERVATION SUBDIVISION PROGRAM (CSP)
A proposal for a Conservation Subdivision Program (CSP) is intended to create a disincentive for
landowners to propose traditional developments utilizing cluster or grid style designs within the
Water Protection Zones (WPZ), and alternatively, redirect their projects within the Town to more
desirable locations. The objective of the CPS would be to utilize a variety of public and private
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conservation strategies for the preservation of agricultural lands through a voluntary
"Conservation Opportunities Planning Process", with the objective of preserving seventy-five
(75) to eighty (80) percent of a particular tract of land. Landowners would be encouraged to
limit development activities on a subject property and preserve a significant portion of its
agricultural component in exchange for public incentives such as, the purchase of development
rights, conservation easements, bargain sales or land donations. These conservation strategies
are particularly attractive since they leverage public funds, and are therefore cost-effective.
The CSP program is targeted to property in the proposed WPZ, zoned either A -C or R-80.
These zone designations allow large lot residential developments, and are primarily associated
with properties currently in agricultural use. The utilization of the CSP within the proposed
WPZ would support the Town's objective of minimizing development and infrastructure
throughout this environmentally sensitive area.
The proposed CSP offers on-site and off-site development strategies for landowners that are able
to preserve seventy-five (75) to eighty (80) percent of their property via the Conservation
Opportunities Planning Process for land located in the WPZ. On-site development of the
remaining twenty (20) to twenty-five (25) percent may occur based on a yield map that conforms
to the underlying R -80/A -C zoning designation. In addition, the WSM & WPS proposes that
landowners have the on-site option of establishing a "Country Inn" facility on the balance of
their property. This facility would be permitted to offer overnight accommodations in a
residential type structure, utilizing the aesthetic quality and charm associated with the
agricultural portion of their property preserved through the CSP. The goal of this proposal is to
enhance the economic utilization of the agricultural property to the landowner, in a setting that is
harmonious and supportive of its continued farm use. Since the proposed Country Inn facility
has a commercial component, it will be necessary to establish appropriate land use standards and
controls through the Town's site plan review and SEQRA processes. This would be necessary to
ensure that such facilities are in conformance with the Town of Southold's planning goals and
objectives established for the WPZ.
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Off-site development may also be a viable option through cooperative development agreements
or non-contiguous clustering. If the off-site development option is selected, an increase in
density on a site outside the WPZ would be permitted under the following guidelines
• The off-site location is within the same school district.
• The off-site location is in the same general watershed area.
• The off-site location is capable of sustaining increased yield.
• All developments must conform to Article 6 of the Suffolk County Sanitary Code.
• If the off-site location is zoned R-40, the maximum number of units shall be determined via
two yield maps: a 40,000 square foot subdivision map which represents the base density of
the parcel, and a 30,000 square foot subdivision map, which represents the potential increase
in units allowable by off-site development. On a zoning yield basis, one 80,000 square foot
lot within the Conservation Subdivision, may result in the construction of one single-family
unit on an off-site parcel up to the maximum allowable based on the 30,000 square foot yield
map, and/or;
• If the off-site location is zoned HD, the maximum number of units shall be determined by not,
more than a twenty (20) percent increase in yield. On a zoning yield basis, one 80,000 square
foot lot within the Conservation Subdivision, may result in the construction of two (2) multi-
family units, or three (3) retirement units, within the HD parcel on an off-site parcel up the
maximum allowable based on the increase of not more than twenty (20) percent of the base
density in that district.
In the event that a landowner/developer proposes a full yield subdivision of land within a WPZ,
without utilizing the Conservation Subdivision Program, it is recommended in the WSM & WPS
that such a project be considered a Type I Action under the State Environmental Quality Review
Act (SEQRA). This provision would require the applicant to fully address the environmental
concerns associated with the WPZ through the preparation and submission of a Full
Environmental Assessment Form Part 1. Further, this process would be more likely to result in
the preparation of an Environmental Impact Statement for a project that does not utilize the CSP
in the WPZ. As a result, the Town of Southold may be able to achieve conformance to its
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planning goals and objectives for this environmentally sensitive area via mitigation measures
brought forth through a rigorous SEQRA review process.
NON-CONTIGUOUS CLUSTERING
Non-contiguous clustering is a tool recommended in the WSM S- WPS for utilization in the study
area, particularly since its use by private landowners is voluntary and can be facilitated by the
Town. Essentially, this process allows a landowner to shift development rights from a site with
various features that are environmentally sensitive to a site more conducive to development.
Sensitive environmental features may include areas with high groundwater, steep slopes or
wetlands, or lands within the WPZ or targeted for preservation under the CPPP. The non-
contiguous site in which development opportunities are enhanced may be either owned by the
subject landowner or purchased.
The WSM & WPS identifies the following key parameters that should be considered in the use of
non-contiguous clustering.
• Seek to redistribute density between lands which are within the same School District;
• Seek to redistribute density between lands which are in the same general watershed area;
• Increase density only on lands that are capable of sustaining increased yield;
• The parcel which receives increased density should be designed in a manner consistent with
the Town's current clustering provisions;
• All developments must conform to the sanitary control regulations promulgated in Article 6
of the Suffolk County Sanitary Code.
A landowner/developer may benefit from utilizing the non-contiguous clustering option via a
reduction in time necessary to process a development application and the related need for
extensive environmental studies, and a reduction in site improvement costs. The WSM & WPS
recognizes that this option assists in furthering the planning policies established for the proposed
WPZ; however, it is a tool that should be considered in all areas of the Town.
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Executive Summary
TOWN WETLANDS ORDINANCE
The protection of wetlands, and adjacent buffer areas provides important filtration, retention and
recharge functions, as well as habitat and open space. Currently, the Town of Southold Trustees
are empowered under Chapter 97 of the Town Code to regulate activities within seventy-five
(75) feet of the designated wetlands within the municipality. Designated wetlands are generally
those regulated by the New York State Department of Environmental Conservation (DEC) in
accordance with the Environmental Conservation Law (ECL). Under the ECL, the State DEC is
authorized to regulate development activities within one hundred (100) feet of designated
wetlands. The WSM & WPS recommends that the Town amend Chapter 97 of the Town Code to
expand its jurisdiction to regulate activities around wetland areas to one -hundred (100) feet.
This amendment would result in a Town wetland regulation consistent with the State's DEC
authority, and enhance its capacity to protect these important resources.
It is also of note that the State DEC may not map small ponds and wetlands that are of local
significance, particularly in light of high groundwater areas in important wetland systems
internal to the Town. As a result, such areas are beyond the jurisdictional boundaries of both the
State and the Town of Southold. The WSM & WPS suggests that the Town should explore the
legal potential to regulate the small ponds and wetland areas that have not been designated by the
State DEC. The Town could utilize its Geographic Information System (GIS) to map these
freshwater wetlands and offer a greater degree of protection to these areas,
CREATION OF SUBSTANDARD LOTS
There are areas of the Town where the pattern of subdivision and development occurred prior to
the current zoning and lot size restrictions. The evolution of zoning requirements in the Town
ultimately resulted in density standards that rendered the previously subdivided areas non-
conforming in terms of lot size and setback requirements. In recent years, it has been the
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Executive Summary
practice of the Town's Zoning Board of Appeals to allow subdivision of larger lots to create
substandard lots which conform to the development pattern of an area. This is accomplished by
granting variances for minimum lot size, minimum lot width, and in certain cases where
necessary, front, rear and side yard setbacks.
The W.Sil4 4• WPS recommends that the Town consider the possibility of establishing an open
space land preservation fund with fees collected from non -conforming lots that receive
variances. Each lot that is part of the land division and receives a variance would still be
required to stand on its own merits in terms of environmental and community impact. The
formula could be based on a cost per square foot relative to the lot size variance issued. The
legality of this mitigation fee should be explored, however, the concept may provide a means to
offset minor variances and generate funds for future land acquisition.
PUBLIC AWARENESS AND EDUCATION
The Town will continue to expand its efforts to increase public awareness and education with
regard to the importance of watershed protection and land preservation. The adoption of the
WSM & WPS, along with some of its key recommendations, sucfr as the Watershed Protection
Zone, will contribute to the efforts to increase the environmental consciousness of the
community. The WSM & WPS recommends that the Town increase public awareness of the
importance of significant environmental areas by posting the boundaries of the Watershed
Protection Zone.
It is further recommended that the Town prepare a small tri -fold brochure providing information
on watershed related issues, and distribute it along with other related environmental materials
through the mail, or at public locations such as Town Hall. The Town should look to publicize
its watershed protection strategies by integrating this program to other locally based
environmental programs, such as the Farm and Farmland Protection Strategy, the Peconic
Estuary Program and the Local Waterfront Revitalization Program.
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CLOSING REMARKS
The establishment of a successful watershed protection strategy as proposed in the WSM
WI'S will require a commitment on behalf of a broad segment of the Town of Southold
community. The concept of balancing the need for watershed protection while maintaining an
economically viable agricultural community presents a major challenge to local officials,
landowners and residents. The W,SM & WPS demonstrates that in some instances watershed
protection measures may run contrary to the needs of the agricultural community. For example,
farming operations have historically posed a threat to groundwater resources based on past
agricultural practices. As a result, policies to support their operation must take into account the
impact on groundwater resources. Other potential measures to control water supply and quality
problems may have unintended consequences. A case in point is the expansion of water mains
by the Suffolk County Water Authority to areas that have a limited availability of potable water
due to environmental conditions. This expansion may result in an intensification of residential
development that threatens groundwater, and/or additional agricultural land may be lost to
housing development.
In response to these challenges landowners, developers, residents and local officials must
make every effort to work cooperatively with respect to land management. Practical solutions
and options are available that take into consideration the environmental sensitive lands
associated with the watershed areas, and the property rights of landowners and farmers. Town
officials will be required to take a proactive role with respect to development activities in order
for the strategies offered in the WW & WPS to be successful.
4/2000
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