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HomeMy WebLinkAboutWater Supply Management & Watershed Protection Strategy Executive SummaryTOWN OF SOUTHOLD sc.s: 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 2 ToNN n of Southold 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: 3 To%�n of Southold Water Supple Management & Watershed Protection Strategy Executive SUmnlary • 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. 4 n To,,N n of Southold Water Supple Management & Watershed Protection Strategy Executive Summary 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. 5 Town of Southold Water Supply Management & Watershed Protection Strategy Executive Summary 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. To,An of Southold Water Supply Management & Watershed Protection Strategy Executive Summary 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. 7 Town of Southold Water Supply Management & Watershed Protection Strategy Executive Summary 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 8 4 Town of Southold Water Supply Management & Watershed Protection Strategy Executive Summary • 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. 9 Town of Southold Water Supply Management & Watershed Protection Strategy Executive Summary 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 10 Town of Southold Water Supply Management & Watershed Protection Strategy Executive Summary 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. 11 Tonin of Southold Water Supply Management & Watershed Protection Strategy Executive Summary 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 12 ToNNn of Southold Water Supply Management & Watershed Protection Strategy Executi-v,e Summary 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. 13 Town of Southold Water Supply Management & Watershed Protection Strategy 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 14 Town of Southold Water Supply Management & Watershed Protection Strategy 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. 15 Town of Southold Water Supply Management & Watershed Protection Strategy Executive Summary 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 16 J