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                                                                               jUIN   4 !992



                                            STATE OF NEW YORK
                                          DEPARTMENT OF STATE

                                           ALBANY, N.Y. 1223 1 -0001
              GAIL S. SHAFFER
             SECRETARY OF STATE
                                                JUN.  1 1992




                                 f

            'Mr. James Burgess
            Chief
            Coastal Programs Division---
            Office of Ocean and Coastal Resource
             Management
            National Oceanic and Atmospheric
             Administration
            1825 Connecticut Avenue, NW
            Universal Building South
            Washington, D.C. 20235

            Dear Mr. Burgess:

            Enclosed is the Village of Head of the Harbor and Village of Nissequogue Local Waterfront
            Revitalization Program (LWRP). The LWRP has been adop& by the municipalities and
            approved by the New York State Secretary of State. In addition, your office has concurred on
            its incorporation into the State's Coastal- Management Program as a routine program
            implementation action. Copies of this document are also being transmitted to State agencies,
            as well as selected federal, county, and local agencies.

            Should you have any questions or concerns regarding this document, feel free to contact either
            myself or Charles McCaffrey of this office at (518) 474-6000.

                                                 Shycerely,



                                                      v
                                                 G rge . Stafford
                                                 Di I to@
                                                 Division of Coastal Resources
                                                  and Waterfront Revitalizaiion
            GRS:gn
            Enclosure
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                                         Village of Head-of-the-Harbor
                                              and Village of Niissequogue
                       Local Waterfront Revitalization, Program





                                                      DEPARTMENT OF COMMERCE  NOAA
                                                    STAL SERVICES CENTER
                                                     SOUTH HOE30N AVENUE
                                                     RLESTON,SC 29405-2413







                                                    Property of CSC Library



                                                                                      Adopted:
                    Village of Head-of-the-Harbor Board of Trustees, November 18, 1989
              ell;           Village of Nissequoguogue Board of Trustees, February 27, 1990

                                                                                   Approved:
                                     NYS Secretary of State Gail S. Shaffer, June 28, 1991

                                                                                   Concurred.-
            U.S. Office of Ocean and Coastal Resource management, September 16, 1991
 







                          This Local Waterfront Revitalization Program has been adopted
                          and approved in accordance with the provisions of the Waterfront
                          Revitalization of Coastal Areas and Inland Waterways Act
                          (Executive Law, Article 42) and its implementing regulations
                          (6 NYCRR 601). Federal concurrence on the incorporation of this
                          Local Waterfront Revitalization Program into the New York State
                          Coastal Management Program as a Routine Program
                          Implementation has been obtained in accordance with the
                          provisions of the U.S. Coastal Zone Management Act of 1972
                          (P.L, 92-5E3):, al. amenled, and its implementing regulations (15
                          CFk 923).


                          The praparation of Liis program was financially aided by a federal
                          grant from the U.S. Department of Commerce, National Oceanic
                          and Atmospheric Administration, Office of Ocean and Coastal
                          Resource Management, under the Coastal Zone Management Act
                          of 1972, as amended. Federal Grant No. NA-82-AA-D-CZ068.


                          Ilie New York State Coastal Management Program and the
                          preparation of Local Waterfront Revitalization Programs are
                          administered by the New York State Department of State, Division
                          of Coastal Resources and Waterfront Revitalization,
                          162 Washington Avenue, New York 12231.












                                 C"











                                      Village of Head-of-the-Harbor
                                           and Village of Nissequogue
                     Local Waterfront Revitalization Program














                                                                               Adopted:
                   Village of Head-of-the-Harbor Bo*ard offrusteles, November.18, 1989,
                           Village of Nissequogue Board ofTrustees, February 27, 1990

                                                                              Approved:
                                  NYS Secretary of.State Gail S. Shaffer, June 28, 1991

                                                                             Concurred:
           U.S. Office of Ocean and Coastal Resource Management, September 16, 1991








                          This Local Waterfront Revitalization Program has been adopted
                          and approved in accordance wi@h the provisions of the Waterfront
                          Revitalization of Coastal Areas and Inland Waterways Act
                          (Executive Law, Article 42) and its implementing regulations
                          (6 NYCRR 601). Federal concurrence on the incorporation of this
                          Local Waterfront Revitalization Program into the New York State
                          Coastal Management Program as a Routine Program
                          Implementation has been obtained in accordance with the
                          provisions of the U.S. Coastal Zone Management Act of 1972
                          (P.L. 92-583), as amended, and its implementing regulations (15
                          CFR 923).


                          The preparation of this program was financially aided by a federal
                          grant from the U.S. Department of Commerce, National Oceanic
                          and Atmospheric Administration, Office of Ocean and Coastal
                          Resource Management, under the Coastal Zone Management Act
                          of 1972, as amended. Federal Grant No. NA-82-AA-D-CZ068.


                          The New York State Coastal Management Program and the
                          preparation of Local Waterfront Revitalization Programs are
                          administered by the New York State Department of State, Division
                          of Coastal Resources and Waterfront Revitalization,
                          162 Washington Avenue, New York 12231.



                                                         J




                                              10 j










                                                &A






                                           STATE OF      *-'ORK
                                          DEPARTMENT (--F STATE

                                          ALBANY. N.Y. 122' 1 - 0010 1
            GAIL S. SHAFFER
           SECRETARY OF STATE


                                                            juk   a 1991




           Honorable Edward W. Hoffmann
           Mayor
           Village of Head of the Harbor
           27 Bacon Road
           St. James, NY 11780

           Dear Mayor Hoffmann:

           It is with great pleasure that I inform you that, pursuant to the Waterfront
           Revitalization of Coastal Areas and Inland Waterways Act, I have approved the joint
           Local Waterfront Revitalization Program (LWRP) prepared by the Village of Head of
           the Harbor and Village of Nissequogue. The Villages are to be commended for their
           thoughtful and energetic response to opportunities presented along their
           waterfronts, and for developing the first joint program to be approved on Long
           Island.

           I will notify State agencies shortly that I have approved the LWRP and will provide
           them with a list of their activities which must be undertaken in a manner consistent
           to the maximum extent practicable with the LWRP.

           Again, I would like to commend the Villages for their efforts in developing the LWRP
           and look forward to working with you in the years to come as you endeavor to
           revitalize your waterfront.

                                                  Sincerely,






                                                  Gail S. Shaffer
           GSS:gn












                                                 A






                                            STATE OF NEW YORK
                                          DEPARTMENT OF STATE

                                           ALBANY. N.Y. 1223 1 -0001
            GAIL S. SHAFFER
            SECRETARY OF STATE
                                                                 JUAL 2 8 1991





            Honorable Warren A. Riis
            Mayor
            Village of Nissequoque
            P.O. Box 352
            St. James, NY 11780

            Dear Mayor Riis:

            It is with great pleasure that I inform you that, pursuant to the Waterfront
            Revitalization of Coastal Areas and Inland Waterways Act, I have approved the joint
            Local Waterfront Revitalization Program (LWRP) prepared by the Village of Head of
            the Harbor and Village of Nissequogue. The Villages are to be commended for their
            thoughtful and energetic response to opportunities presented along their
            waterfronts, and for developing the first joint program to be approved on Long
            Island.

            I will notify State agencies shortly that I have approved the LWRP and will provide
            them with a list of their activities which must be undertaken in a manner consistent
            to the maximum extent practicable with the LWRP.

            Again, I would like to commend the Villages for their efforts in developing the LWRP
            and look forward to working with you in the years to come as you endeavor to
            revitalize your waterfront.

                                                   Sincerely,





                                                   Gail S. Shaffer
            GSS: gn





















                            RESOLUTION FOR ADOPTION OF LWRP


         Be it resolved that the Local Waterfront Revitalization Program (LWRP)
      jointly prepared by the Villages of Head-of-the-Harbor and Nissequogue
      pursuanu to the provisions of the New York State Waterfront
      Revitalization and Coastal Management Act of 1981 and the United States
      Coastal Zone Management Act is hereby adopted, to become effective upon
      approval by the Secretary of State of the State of New York.






      This is to certify that Ithe above-1     isted resolution was duly
      adopted by the Board of Trustees of the Incorporated Village
      of He'ad-of -the -Harbor at a meeting held on November 18, 1989.




                                                Marcial B. L'Ho;nrned eu
                                                VILL,iGE CLERK
                                                11/28/89
                                                                    ,d 4eu'










                                          LWRP
                               NISSEQUOGUE SEQRA FINDINGS

          WHEREAS, the Village of Nissequogue entered into an agreement with
                the New York State Department of State for the preparation of
                a Local Waterfront Revitalization Program (LWRP) for the land
                and waters within the area of the Village, pursuant to the
                provisions of the New York State Waterfront Revitalization and
                Coastal Resources Act of 1981 and the U.S. Coastal Zone
                Management Act; and

          WHEREAS, the Village's joint coastal Management Planning Committee
                prepared and submitted to the Nissequogue Board of Trustees
                a preliminary Draft LWRP and a Draft Environmental Impact
                Statement; and

          WHEREAS, in compliance with Article 8 of the New York State
                Environmental Conservation law and the rules and regulations
                promulgated thereunder (6NYCRR Part 617, hereinafter referred
                to as SEQRA) , the Village Board adopted a -Lead Agency
                designation via a Positive Declaration and circulated the same
                to appropriate agencies; and

          WHEREAS, the Village Board (hereinafter referred to as Lead
                Agency) filed a notice of intent to prepare a Draft
                Environmental Impact Statement (DEIS) for the Draft LWRP; such
                action is considered to be a Type I Action pursuant to SEQRA
                since it is a guide for future actions affecting the coastal
                area of the Village and includes specifications to implement
                the policies of the LWRP, including amendments to the Village
                Code; adoption of a local consistency law to govern Village
                actions in the coastal area; adoption of an intermunicipal
                agreement with the Town of Smithtown governing Village and
                Town actions in coastal waters; creation of a Joint Coastal
                Management Commission with the Village of Head of the Harbor;
                formulation of a navigation and harbor management plan for
                Stony Brook Harbor; land acquisition and farmland retention;
                and harbor and river protection guides and public education
                efforts; and

          WHEREAS, the Lead Agency accepted the DEIS as complete and
                Notice of Completion was made to appropriate agencies and
                published in the NYS Environmental Notice Bulletin; and

          WHEREAS, a public hearing on the DEIS and Draft LWRP was held by
                the Lead Agency pursuant to legal notice, providing an
                opportunity for the general public to comment on the DEIS and
                Draft LWRP; and

          WHEREAS,, the Lead Agency did consider the following items and
                issues, among others:

                (a) the inventory and analysis identified in the Draft LWRP
                     document;








                                          I


                 (b)  New York State Coastal Management Policies;

                 (c)  the existing and proposed zoning of land within the
                      coastal area of the Village;

                 (d)  the existing and historic uses of coastal lands and
                      waters and the lands and waters adjacent thereto, and
                      the relationship of such uses to the present and future
                      welfare of the Village;

                 (e)  the importance and significance of historic sites in the
                      coastal area;

                 (f)  the importance of high visual quality to the village and
                      water-dependent recreational and natural resource values;

                 (g)  the importance of natural resource protection to the
                      continuing preservation of high natural resource values
                      in the coastal area;

                 (h)  initiation of projects and regulatory measures associated
                      with the adoption and implementation of a LWRP;

                 (i)  the need to protect appropriate levels of public access
                      to the water;

                 (j)  the need to preserve coastal water quality and the
                      benefits derived therefrom;

                 (k)  the coastal boundary for the Village; and

           WHEREAS, the Lead Agency identified possible positive and negative
                 environmental impacts of LWRP implementation upon local
                 natural, institutional, economic, development, energy, and
                 social resources; and

           WHEREAS, the Lead Agency prepared a Final Environmental Impact
                 Statement (FEIS) to fully address concerns raised through the
                 DEIS review process; and

           WHEREAS, the Lead Agency determined that the FEIS was complete and
                 thereby filed a Notice of Completion on and caused the Notice
                 of Completion and FEIS to be properly circulated;

           NOW,  THEREFORE, BE IT RESOLVED, 1) that the Lead Agency has found
                 that the requirements of Article 8 of the NYS Environmental
                 Conservation Law and the rules and regulations promulgated
                 thereunder have been met; 2) the Lead Agency finds and
                 determines, based on the entire record of the environmental
                 review process, including all relevant State and Village laws
                 and records of Village agencies, including all correspondence
                 received -regarding the local coastal management planning
                 process, that the LWRP is necessary to:









                          ensure that a comprehensive local coastal management
                          program and consistent set of policies is adopted to
                          guide uses, development and activities in the coastal
                          area and to protect the quality of the coastal
                          environment;

                          enhance water, natural resource and general environmental
                          quality and to protect, maintain and enhance such
                          quality, which is vital to the character of the Village;

                          provide a sound basis to obtain funding for fukther
                          coastal planning and management implementation from both
                          federal and State sources and to assure these federal and
                          State resources and agencies that the Village of
                          Nissequogue LWRP is consistent with federal and State
                          programs, and to ensure that federal and State agency
                          actions are consistent with the Village's LWRP; and

                          guarantee that local residents through local government
                          will continue to have control over actions in their
                          -community.

             BE IT FURTHER RESOLVED, that the Village Board of the Village of
                    Nissequogue, serving as Lead Agency for SEQRA purposes,
                    determines and decides that the adoption of the LWRP will have
                    a significantly beneficial impact upon the coastal environment
                    and generally upon the Village, and that the LWRP should be
                    and is hereby adopted.

             Dated: February 27, 1990

             Roll Call for Adoption:

                           Mayor Warren A. Riis      Yes


                           Trustees:


                           James J. McDonagh -    Yes
                           Richard H. Knight -    Yes
                           John J. McNulty        Yes
                           Robert P. Clemente     Yes













                                    VILLAGE OF HEAD-OF-THE-HARBOR
                                                     AND
                                        VILLAGE OF NISSEQUOGUE


















                            LOCAL WATERFRONT REVITALIZATION PROGRAM
















            This document was prepared for the New York State Department of State Coastal Management
            Program with financial assistance from the Office of Ocean and Coastal Resource Management,
            National Oceanic and Atmospheric Administration, provided under the Coastal Zone
            Management Act of 1972, as amended.

            Prepared by the Joint Committee on Coastal Management Planning of the Villages of Head-of-
            the-Harbor and Nissequogue, in the County of Suffolk.

            Federal Grant No. NA-82-AA-D-CZ068










                                 VILLAGE BOARD






                                  VILLAGE OF
                               HEAD-OF-THE-HARBOR



                             Edward W. Hoffmann, Mayor

                                   Mark Cohen
                                 Alfred Lewandowski
                                   David Sayre
                                   Robert White









                                   VILLAGE OF
                                  NISSEQUOGUE

                                 Warren Riis, Mayor

                                 C. Joseph Goodwin
                                   Richard Knight
                                  James McDonagh
                                  John J. McNulty







                JOINT COMMITTEE ON COASTAL MANAGEMENT PLANNING



                               Louise Hall, Co-Chairman
                                Village of Nissequogue


                               Anne Sayre, Co-Chairman
                              Village of Head-of-the-Harbor








                                             TABLE OF CONTENTS


         SECTION                                                                                       PAGE


           I           WATERFRONT REVITALIZATION AREA BOUNDARY                       ............        1-3



          H     INVENTORY AND ANALYSIS            ..................................                   H-3


                A.     Orientation  ...............................                     ...........    111-3
                B.     Existing Land and Water Uses      ..............................                H-3
                C.     Environmental Conditions     ................................                   H-26
                       Summary and Analysis      ..................................                    H-71

         III WATERFRONT REVITALIZATION PROGRAM POLICIES                           .............        M-3


                       Development Policies    ...................................                     M-3
                       Fish and Wildlife Policies .................................                    M-8
                       Flooding and Erosion Policies   ............                                    M-15
                       Public Access Policies  ................                                  ...   1111-25
                       Historic and Scenic Resources Policies   ....                             ...   HI-33
                       Energy and lee Management Policies     .....                                    IH-44
                       Water and Air Resources Policies     ..........................                 IH-46


          IV    PROPOSED LAND AND WATER USES AND PROPOSED PROJECTS                           ......    IV-3

                A.     Proposed Land and Water Uses        ............................                TV-3
                B.     Proposed Water Use    ....................................                      IV-9
                C.     Proposed Projects     .....................................                     IV-9

           V    TECHNIQUES FOR IMPLEMENTING THE LOCAL WATERFRONT
                       REVITALIZATION PROGRAM              .............................               V-3


                A.     Existing Local Laws and Regulations     ..........................              V-3
                B.     Local Laws and Regulations Adopted to Implement the LWRP           ........     V-12
                C.     Other Public and Private Actions Necessary
                                     to Implement the LW   RP .........................                V-21
                D.     Management Structure for Implementing the LWRP                                  V-22
                E.     Financial Resources Necessary to Implement the LWRP        .............        V-37
                F.     Summary Chart of Actions Implementing LWRP Policies          ............       V-37

           VI STATE AND FEDERAL ACTIONS AND PROGRAMS LIKELY TO AFTECT
                       IMPLEMENTATION          ...................................                     VI-3


          VII CONSULTATION WITH OTHER AFFECTED FEDERAL, STATE9 REGIONAL
                       AND LOCAL AGENCIES            ................................                  V111-3
     OVIH LOCAL COMMITMENT                   ....................................                      VHI-3










                                                                LIST OF MAPS



               MAP 1            KEY MAP                                                                            1-5


               MAP 2            WATERFRONT REVITALIZATION AREA BOUNDARY
                                MAP 2A           Village of Head-of-the-Harbor                                     1-7
                                MAP 2B           Village of Nissequogue                                            1-9

               MAP 3            EXISTING LAND USE
                                MAP 3A           Village of Head-of-the-Harbor                                     11- 7
                                MAP 3B           Village of Nissequogue                                            H- 9

               MAP 4            ZONING
                                MAP 4A           Village of Head-of-the-Harbor                                     H-27
                                MAP 4B           Village of Nissequogue                                            11-29

               MAP 5            COASTAL EROSION HAZARD AREAS
                                MAP 5A           Village of Head-of-the-Harbor                                     11-35
                                MAP 5B           Village of Nissequogue                                            11-37

               MAP 6            FLOOD HAZARD AREAS
                                MAP 6A           Village of Head-of-the-Harbor                                     11-41
                                MAP 6B           Village of Nissequogue                                            11-43

               MAP 7            WETLANDS
                                MAP 7A           Village of Head-of-the-Harbor                                     11-47
                                MAP 7B           Village of Nissequogue                                            11-49

               MAP 8            FISH AND WILDLIFE HABITATS
                                MAP 8A           Village of Head-of-the-Harbor                                     11-53
                                MAP 8B           Village of Nissequogue                                            11-55

               MAP 9            PROPOSED LAND USE
                                MAP 9A           Village of Head-of-the-Harbor                                     Iv- 5
                                MAP 9B           Village of Nissequogue                                            IV- 7

               MAP 10           PROPOSED ZONING
                                MAP 10A          Village of Head-of-the-Harbor                                     V- 15
                                MAP 10B          Village of Nissequogue                                            V- 17







   0
























                                  SECTION I

   0              WATERFRONT REVITALIZATION AREA BOUNDARY














   0








             SECTION 1: WATERFRONT REVITALIZATION AREA BOUNDARY

             The Waterfront Revitalization Area Boundary for the Villages of Head-of-the-Harbor and
             Nissequogue is shown on Maps 1, 2A and 2B and is described as follows:

                     BEGINNING at a point in Stony Brook Harbor 500 feet from the mean high water mark
                     at the intersection of the Village of Head-of-the-Harbor boundary line and Town of
                     Brookhaven boundary line, proceeding southeast along the said municipal boundary line
                     to a point immediately south of Wellington Drive (Town of Brookhaven); proceeding
                     southwest along the municipal boundary line to its intersection with Shep Jones Lane;
                     following the easterly right-of-way line of Shep Jones Lane south to its intersection with
                     State Route 25A, proceeding southeast approximately 2000 feet along Route 25A to a
                     point 300 feet east of Mills Pond Road; thence south approximately 500 feet; thence east
                     250 feet; thence south 100 feet; thence proceeding due west to intersect with State Route
                     25A; thence proceeding south to its intersection with Thompson Hill Road, proceeding
                     west along Thompson Hill Road to its intersection with the southerly right-of-way line
                     of Three Sisters Hollow Road; proceeding southwest along Three Sisters Hollow Road
                     to its intersection with Moriches Road; proceeding approxi-mately 200 feet southeast
                     along Moriches Road to its intersection with Highland Avenue, proceeding south 300 feet
                     along the centerline of Highland Avenue, thence east 200 feet, thence north 250 feet to
                     Moriches Road; proceeding southeast along Moriches Road to its intersection with State
                     Route 25A, thence northeast 100 feet to the intersection of State Route 25A with
                     Moriches.Road thence south to the intersection with Lake Avenue; proceeding south on
                     Lake Avenue 300 feet, thence west 400 feet, thence south 900 feet to the northern right-
                     of-way line of the Long Island Railroad; proceeding 1,800 feet west along the right-of-
                     way to a point approximately 300 feet cast of Northern Boulevard, thence north 900 feet,
                     thence east 250 feet, thence east 100 feet, thence north 400 feet to the point of
                     intersection with Route 25A; proceeding southwest along Route 25A to a point
                     approximately 1, 100 feet southwest of Timothy Lane thence west 300 feet, thence south
                     100 feet, thence west 600 feet to the eastern right-of-way line of Fifty Acre Road, thence
                     south 800 feet; thence west 400 feet to the intersection with Route 25A to the northern
                     right-of-way line of the Long Island Railroad, proceeding southwest about 1,800 feet,
                     thence proceeding north 2500 feet, thence proceeding west 800 feet, thence proceeding
                     north 3700 feet to the point of intersection with the Village of Nissequogue boundary
                     line; thence 2200 feet southwest to the intersection with Mill Road; proceeding southwest
                     along Mill Road to its intersection with the western right-of-way line of Nissequogue
                     River Road; proceeding south 2,000 feet, thence west 1,500 feet following the centerline
                     of Mill Creek to the mean high water mark of the Nissequogue River; proceeding
                     northwest along the mean high water mark of the Nissequogue River around the Short
                     Beach sand spit to the mean high water mark of Smithtown Bay; proceeding east along
                     the mean high water mark to the eastern tip of the Long Beach peninsula at the inlet to
                     Stony Brook Harbor; proceeding west along the southern side of the Long Beach
                     peninsula at the mean high water mark of Porpoise Channel, proceeding south along the
                     mean high water mark of Stony Brook Harbor to a point of intersection with the
                     municipal boundary of the Village of Head-of-the-Harbor; thence extending in a straight
                     line 500 feet into Stony Brook Harbor, thence proceeding at a distance of 500 feet from
                     the mean high water line northeast to the point of beginning.

                                                            1-3



















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                                                 AREANAP
                               70                Local Waterfront Revitalization Program
                                                 Villaffas of
                               MMML                     6UP
                                                 Head =of mthemHarbor & Nissequogue
                                                 This map Was--Vri@p-a-red for the New York State Department of State     Federal Grant Number: NA-82-AA-D-CZ068--
                                                 Coastal..Management Program with financial assistance from the           Date of Preparation: February 1987
                                                 Office of Ocean and Atmospheric Administration, provided under
                                                 the Coastal Zone Management Act of 1972, as amended.






















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                                   SECTION 11
    0                        INVENTORY AND ANALYSIS











     0








                SECTION H: IWENTORY AND ANALYSIS


                A. ORIENTATION


                The Villages of Head-of-the-Harbor and Nissequogue are located adjacent to each other on the
                north shore of Long Island in the northwest quadrant of Suffolk County. The Villages lie within
                the Town of Smithtown, and Head-of-the-Harbor abuts the Town of Brookhaven on the east.
                The Villages contain approximately 3,862 acres, or 6.2 square miles.

                The coastal area of the Villages is diverse, including an estuarine river, dramatic bluffs along
                Smithtown Bay and a nearly pristine natural harbor. The rural character of the Villages is
                enhanced by their natural setting which includes steep wooded slopes, wetlands and open fields.

                The Villages are principally residential, with some institutional uses, scattered agricultural
                production, high quality active and passive recreation, and architectural resources. The Town
                of Smithtown, which surrounds the Villages, provides the commercial support needs of residents.

                Section 11 of this Local Waterfront Revitalization Program presents an inventory of the Villages'
                coastal resources and analyzes issues and opportunities facing the Villages.

                B.      EXISTING LAND AND WATER LJSES

                        1.      Existing Land and Water Uses

                                The Villages of Head-of-the-Harbor and Nissequogue are predominantly low-
                                density residential communities, as shown in Table 1, and on Maps 3A and 3B.

                                                                        Table I


                                                                Existin Land Use -- 1983*


                                Land Use-                 Head qf the Harbor                 NissNuogue
                                Categories,              Acres          Percen           Acres           Percen

                                Residential              877.3           53.7             1,308.9         56.9
                                Agricultural             306.4            18.8               88.9          3.9
                                Institutional             28.2             1.7               73.7          3.2
                                Conservation/            144.4            8.8               395.7         17.2
                                Open space
                                Commercial               0.3              0.02              0                0
                                Vacant                   276.1            16.9              432.3         18.8


                                Total                    1,632.7         100.0            2,229.5        100.0

                                          Data compiled by the Long Island Regional Planning Board.


                                                                   11-3








                             There are no high density residential areas in either Village. The average
                             developed residential lot exceeds the principal required minimum lot size of two
                             acres which is established in both Villages' Zoning Laws. In Head-of-the-
                             Harbor, the average developed residential lot size is 2.7 acres, while in
                             Nissequogue it is 3 acres.

                             A large proportion of the residential land is occupied by estates. In Head-of-the-
                             Harbor, estates account for 290 acres or 33 % of the residential land. Two-thirds
                             of the estate property in the Village borders Stony Brook Harbor.                In
                             Nissequogue, 40%, or 522 acres, of residential land is in estate holdings. The
                             bulk of the estates in Nissequogue are adjacent to either Stony Brook Harbor or
                             to the Nissequogue River.

                             The Villages are rather unique in western Suffolk County because they both
                             contain active agricultural land. Head-of-the-Harbor retains over 306 acres of
                             agricultural land. Most of this land is along Fifty Acre Road and along Route
                             25A, on the east side of the Village. Forty-five acres is permanently protected
                             under the Suffolk County Farmland Preservation Program. This parcel, part of
                             the Perry Farm, is located on Route 25A. Prime soils and favorable climate have
                             made production of field crops the predominant agricultural business in Head-of-
                             the-Harbor. Nissequogue has approximately 88 acres of agricultural land, which
                             accounts for only 4% of its land area. This land is in horse farms.

                             Institutional uses, such as churches, schools and municipal buildings, occupy a
                             relatively small proportion of land in the Villages. In Head-of-the-Harbor, nearly
                             28 acres are devoted to churches and parish houses. It also includes the Harbor
                             Country Day School, a private, non-denominational elementary school on
                             Thompson Hill Road; the Mills Pond House on Route 25A run by the Town of
                             Smithtown as an historical site; and the Bay School House, located on Moriches
                             Road. Institutional land uses in Music Nissequogue amount to about 74 acres,
                             almost all of which are owned by the Knox School, which is a private, non-
                             denominational secondary school. This school has two major holdings, one in the
                             southern part of the Village and the main one in the northeastern part of the
                             Village on Long Beach Road, adjacent to Stony Brook Harbor. Two small
                             institutional parcels are occupied by the fire department and the Village Hall.

                             In both Villages, recreation and open space is a significant land use. There are
                             144 acres of land in this category in the Village of Head-of-the-Harbor. This
                             includes 96 acres owned by the Nature Conservancy. The Nature Conservancy
                             parcels are located on Shep Jones Lane and on the west side of Fifty Acre Road.
                             The remainder of the recreational and open space land is wetlands owned by the
                             Village along Stony Brook Harbor and property owned by the Stony Brook
                             Foundation and the Stony Brook Community Fund. It also includes a swim and
                             tennis club and three small cemeteries. Nissequogue has over 17% of its land
                             area in open space and recreational uses. The Nature Conservancy owns 130


                                                            11-4









                              acres, most of which is north of Boney Lane and includes bluffs overlooking
                              Long Island Sound. The Nissequogue Golf Club accounts for another 126 acres,
                              overlooking Stony Brook Harbor.           The Town of Smithtown is a major
                              recreational land owner in the Village. The Town has 91 acres comprised of
                              Short Beach Park, a beach and dune complex at the mouth of the Nissequogue
                              River. The Long Beach Park is located on Stony Brook Harbor and provides
                              marina facilities. The Village's principal holding is a wildlife refuge on the
                              eastern end of Long Beach peninsula.

                      2.      Water-DeWndent and Water-Enhanced Uses/Public Access and Recreation

                              There are no commercial water uses in either Village. Neither the Nissequogue
                              River nor Stony Brook Harbor is suitable for any kind of commercial
                              development. Navigational conditions and shallow depths exclude all but small
                              boats.   Although the supply of fish is sufficient for recreational purposes,
                              commercial fishing is precluded. Some commercial shellfishing is conducted on
                              a very small scale and limited basis in Stony Brook Harbor; it is severely
                              restricted in the Nissequogue River owing to water pollution. Water-dependent
                              and water-enhanced uses are, therefore, almost exclusively recreational in nature.
                              There are also some educational and scientific pursuits which occur in the
                              Villages because of their waterfront location.

                              Water-dependent recreation is broken into active uses and passive uses and
                              activities. The Villages themselves provide no active recreational facilities. The
                              Town of Smithtown owns and operates three active use facilities. Two are in
                              Nissequogue -- Short Beach near the mouth of the Nissequogue River and Long
                              Beach on the northside of Stony Brook Harbor; and one at the boundary between
                              Nissequogue and Head-of-the-Harbor, at Cordwood Path. The Long Beach and
                              Cordwood Path facilities are located on Stony Brook Harbor. Long Beach
                              provides a swimming and bathing beach, picnicking, two boat launching ramps,
                              a 167 slip marina, and a' mooring basin for 110 boats. Pumpout facilities have
                              been installed and should be maintained and used. The shallow, quiet water at
                              Cordwood Path Beach draws families with young children. This beach is
                              partially artificial, and there are no other natural sand beaches on Stony Brook
                              Harbor. The creation of additional sand beaches would severely impact the
                              harbor's wetland habitats. Short Beach Town Park, located in Nissequogue at the
                              mouth of the Nissequogue River, provides a swimming beach with support
                              facilities and a colonial waterbird preserve.

                              Motor boat speeding is a major problem in the harbor and the river. In areas
                              where they should be travelling at five (5) mph, they have been clocked by radar
                              at more than 60 mph. This poses safety hazards as well as environmental damage
                              to wetlands caused by erosion and sedimentation resulting from vessel wakes and
                              propeller wash.



                                                               11-5

















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                              The Villages do provide passive recreational opportunities. The Village of
                              Nissequogue owns a 27 acre parcel at the eastern end of the Long Beach
                              peninsula. This area is used for nature study and a wildlife preserve. The site
                              is accessible only on foot.

                              Both the Nissequogue River and Stony Brook Harbor are utilized for waterfowl
                              hunting. Public access is provided at Short Beach Town Park on the Nissoquogue
                              River and at park areas on the west banks of the river outside of the Villages'
                              LWRP boundaries.


                              On Stony Brook Harbor, public access for walking, boating, fishing and
                              waterfowl hunting is available in the form of four public "landings", one in
                              Nissequogue (Smith Lane) and three in Head-of-the-Harbor (at the foot of
                              Thompson's Lane, at Hitherbrook Extension and Shep Jones Lane Extension).
                              These areas permit launching of small boats which are suited to harbor
                              conditions.


                              Considering the low density of the Villages which allows for private recreation
                              on most sites, plus the existence of the active recreation sites owned by the Town
                              of Smithtown, there is little need for the Villages to develop active recreational
                              sites. Marina accessibility is very limited within the Town; however, Village
                              sponsorship of such a use would have probable significant adverse impacts on
                              wetlands, water quality and habitats.

                              Privately-owned water-related recreation includes the Smithtown Bay Yacht Club.
                              Pumpout stations are not available and should be installed. There is also a
                              privately-owned beach club with access to Long Island Sound north of Boney
                              Lane, east of Short Beach; both are in Nissequogue.

                              While recreational facilities are extensive in the two Villages, and public access
                              so open, the number of persons attracted to the beaches and boating facilities is
                              great enough to present a traffic problem especially on summer weekends. Any
                              material increase in active recreational areas would entail escalating costs not only
                              in the provision and maintenance of road access, but in damage, possibly
                              irreversible, to valuable resource areas. For example, enlarging of beaches would
                              entail an increase in erosion hazards, or destruction of wetlands, or both.

                              Increasingly, the State University of New York at Stony Brook has begun
                              experimental studies in mariculture, clam and oyster rafting, lobster rearing, and
                              related subjects, using the harbor as a living laboratory. The University has also
                              conducted for some time studies of birds and wildlife based upon the inhabitants
                              of the wetlands surrounding the harbor, and of the nesting sites and sanctuaries
                              on the Long Beach and Short Beach sand spit.










                        3.     Vacant Land and Land Available for Developmen

                               There are no sites which can be described as underutilized, abandoned or
                               deteriorated within the Villages of Nissequogue and Head-of-the-Harbor.

                               However, the Villages do have large. areas which are currently in agricultural,
                               estate, private recreational or institutional uses which may, all or in part, become
                               available for development. There are also numerous vacant lots, some of which
                               can be further subdivided, in both Villages.

                               The Suffolk County Planning Department did an analysis of land available for
                               development in each Village in 1983 and 1984. The County's analysis, based on
                               maximum buildout under existing zoning, showed that the number of housing
                               units in each Village could potentially increase by 80-90% over existing numbers.

                               According to the county studies, approximately 20% of the vacant land in each
                               Village is in individual lots and is immediately available for construction. These
                               lots are scattered throughout the Villages. In Head-of-the-Harbor, 129 new
                               housing units could be built. One hundred seven new houses could be built in
                               Nissequogue.

                               The large parcels, which are coming under increasing pressure to subdivide,
                               include estate properties and farmlands. In Nissequogue, over one half of all land
                               available for development is in estate and other large parcels. This amounts to
                               522 acres. There are 283 acres of estate lands in Head-of-the-Harbor which can
                               be subdivided. Farmland is a more significant source of potential building lots
                               in Head-of-the-Harbor than in Nissequogue. Farmland is more likely to be
                               developed before estate properties because it is more easily developed and costs
                               less per acre. This is a threat to continued agricultural production in the Villages.

                               While not vacant or underutilized at the present time, the Nissequogue Golf Club
                               and the Knox School offer the potential for subdivision and development of
                               additional housing units. Development of country club and institutional properties
                               is occurring in other Long Island locations. Both properties have access to Stony
                               Brook Harbor.


                       4.      Aericulture


                               Although the Villages are located in a rapidly urbanizing area, they retain an
                               important stock of agricultural land.








                                                               11-12









                               In Head-of-the-Harbor, 12.9 % of the Village area, or 210.6 acres of land, is still
                               actively farmed at the present time; of this, 45.6 acres, or 2.8% of the Village,
                               is preserved under the Suffolk County Farmland Preservation Program. * In
                               Nissequogue, 3.9% of the Village by area, or 88.9 acres, is listed as in
                               agricultural use, and is occupied by horse farms. Although much of the soil in
                               the Villages is the glacial morainal till typical of the north shore of Long Island,
                               virtually all the remaining agricultural land is categorized as prime, and should
                               be preserved as an important resource.

                               It must be noted, however, that farmland is disappearing in the Villages. More
                               than 100 acres of land under cultivation in Head-of-the-Harbor were acquired for
                               development in the period between October 1983 and October 1984, and by the
                               present time nearly all of this has been developed for residential use. The Dubois
                               Smith farm in Nissequogue, at the comer of Boney Lane and Horse Race Lane,
                               recently was put up for sale.

                               Eleven of the eighteen acres previously in vegetable crops will be converted. The
                               extremely high market value of building lots has created an enormous pressure
                               to convert farmland, and no doubt the pressure will continue unabated. The
                               resources of private and public preservation programs are limited, and the rising
                               farmland prices strain these resources beyond their capacity to respond except in
                               unusual, or unusually urgent, instances.       Communities can rarely afford to
                               acquire such valuable property by the exercise of eminent domain; farmland
                               preservation typically is accomplished, outside of subsidized programs, by zoning
                               to promote agriculture and open-space, and through such means as cluster
                               development.

                       5.      Historic Structures, Sites, and Districts


                               The history shared by the Villages of Head-of-the-Harbor and Nissequogue is
                               long, and is manifested in the preservation of an unusual number of identifiable
                               sites and structures and other substantial material remains of the past. Extensive
                               archeological findings are connected with the original residents, members of the
                               Nissequogue or Nesaquake tribe, who maintained a permanent and major "royal
                               seat" within the area of the present-day Village of Nissequogue. The records are








                       The preserved land, known as the Perry Farm, and lying between State Route 25A and Shep Jones Lane,
                       is not only prime agricultural land, but is also geologically unique, and of great historic interest as land
                       which has been continuously farmed for 300 years.



                                                               11-13









                            especially rich along the Nissequogue River, where a complex cultural history
                            going back more than 2000 years can be read, but the entire area of the present-
                            day Villages provides frequent finds of artifacts. An Indian burial ground has
                            recently been identified on the grounds of the Knox School; the high land at the
                            extreme southern end of Stony Brook Harbor was once an Indian meeting or
                            assembly place as well as a lookout point from which the approach of boats could
                            be signalled. Fragments found in conjunction with clay deposits at two sites
                            suggest the existence of potteries. The presence of many tools and weapons
                            fashioned from non-local materials, including flint, provide an idea of the extent
                            of cross-sound commerce and trade. Such remains are often turned up in
                            excavations for new buildings, requiring analysis and mitigation during the
                            environmental review process.

                            European settlement, commencing in the last third of the 17th century, is
                            thoroughly recorded in remaining sites and structures. Richard Smith, Patentee
                            (1613-1692), is buried in Nissequogue and many of the surviving old houses are
                            connected with Smith's sons or their descendants.


                            In addition to early colonial structures, the Villages also contain important late-
                            19th century homes designed by prominent architects including Stanford White,
                            Charles McKim, and the firms of Peabody, Wilson and Brown (Archibald
                            Brown), Ford, Butler and Oliver (Lawrence Butler) and 1. H. Green of Sayville.

                            Apart from significant individual structures and sites in both Villages, Head-of-
                            the-Harbor contains portions of three National Register historic districts located
                            along Route 25A. The three districts are, from east to the west, Mills Pond
                            District and the St. James District; the North Country Road District is in four
                            sections and surrounds the St. James District. For purposes of planning and
                            architectural review, the Village of Nissequogue has designated the entire Village
                            a local historic area.  -


                            The Villages are jointly proposing an extensive thematic National Register District
                            embracing Stony Brook Harbor estates (c. 1690-1926) which is awaiting approval.
                            Many of the houses in the proposed district are already listed on the National
                            Register.

                            The lists, beginning on the following page, show those structures and sites
                            considered of importance in each Village.

                            Sixty-four structures or sites of historic or architectural significance exist in
                            Nissequogue. Where important, the architects are identified.







                                                           11-14











                             SITES OF HISTORIC AND ARCHEOLOGICAL SIGNIFICANCE
                                                VILLAGE OF NISSEQUOGUE

                                                                                                    Tax Map
               Structure or Si                             Location                  Date            Number


               J. E. Petty House                           207 River Road            1899          801-007-3-11

               G. Petty House                              201 River Road            1855          801-007-3-11

               Boat Club                                   199 River Road            1900          801-006-2-35


               Hawkins-Anderson House                      River Road                1909          801-007-1-11


               Wiedenkeller House (site of
                Hawkins house)                             River Road                              802-11-3-4

               Melvin house                                194 River Road            1921          802-11-1-3



               Adams-Bruemmer house                        195 River Road            1873          802-11-1-2


               Martin Taylor estate
               (Ford, Butler, Oliver)                      191 River Road            1920          802-11-1-1

               Osbome-Delafield house
               (McKim, Mead, White)                        River Road                1914          802-9-3-25

               Malcolm Smith house
               (Ford, Butler, Oliver)                      River Road                1916          802-9-3-2

               Caleb T. Smith estate Gate House            Horse Race Lane           1870          802-9-3-1


               Caleb T. Smith-Hall estate                  Horse Race Lane           1869          802-9-1-12


               Howell House                                Horse Race Lane           1800          802-9-1-11


               Matherson-Lane estate
               (Arthur Little)                             Boney Lane                1860          802-1-2-2

               Lane Supt. House
               (Ford, Butler, Oliver)                      Boney Lane                1913          802-1-2-4

               Lane Stable and Garage                      Boney Lane                1920          802-1-2-1
               (Ford, Butler, Oliver)


                                                               11-15









              Lane estate ice house                      Boney Lane               1901          802-1-2-2

              Lane estate servants' house                Boney Lane               1909          802-1-2-1

              Nissequogue Point Beach, Inc.              Boney Lane               1920          802-2-1-1

              Blodgett-Weld house
              (Polhemus & Coffin)                        174A Boney Lane          1915          802-8-1-11.4

              Caleb T. Smith cottage                     Off Boney Lane           1870          802-2-2-9

              DuBois T. Smith Farm-                      Off Boney Lane           1906          802-2-2-9.3

              Turnure-Woody House
              (George P. Butler)                         Off Boney Lane           1934          802-3-1-1.1

              Harries tenant house                       Long Beach Road          1800          902-9-2-1.1

              "Holly-by-Golly" Meserve House
              Original Richard Smith wing                Long Beach Road          1670          802-9-1-6

              Berdell-Fletcher estate                    Long Beach    Road       1930          802-3-1-1.2

              Berdell-Fletcher stables                   Long Beach Road          1930          802-3-1-21

              Phyfe House                                87 Stillwater Lane       1904          802-3-5-1

              Raymond Sloan House                        Long Beach Road          1939          802-4-2-3

              The Knox School
              (Peabody, Wilson, Brown)                   Long Beach Road          1914          802-3-3-1

              Seabury-Huntington House                   Long Beach Road          1860          802-5-2-1.1

              Wash House                                 Long Beach Road

              Carriage House                             Long Beach Road                        802-3-5-3

              E.T. Smith Farmer's Quarters               Moriches Road                          802-9-1-18

              Superintendant's House                     Moriches Road                          802-9-1-20

              Harries barn                               Moriches Road            1837          802-9-2-1.1


              "New" Nissequogue School                   70B Moriches Road        1937          802-9-3-31


                                                            11-16









              Job Smith homestead (Malone)             69 Moriches Road         1710         802-9-2-2

              Old Nissequogue School                   Moriches Road            1808         802-9-2-4

              Ryan estate-Niss. Golf Club
              (Bradley Delahanty)                      Moriches Road            1930         802-3-5-27.1

              Gade-Delafield house                     62 Moriches Road         1926         802-9-3-28.3
              (William Delano)

              "Dick-Nezer" Smith House                 Smith Lane               1688         802-10-1-2.3


              Reboul-Olney House
              "Woodcrest" (I.H. Green)                 Moriches Road            1895         802-10-3-6.1


              Lawson House
              (Polhemus & Coffin)                      Moriches Road            1926         802-10-2-30

              Gorham-Paton House
              (Honohan)                                Moriches Road            1930         802-10-3-5.1

              Case-Whittemore-Windels                  Moriches Road            1930  -      802-10-4.5
              "Harbor House"
              (Ford, Butler, Oliver)

              Branglebrink-Hollandia Farm              Moriches Road            1880-1909    802-12-1-3
              (Ford, Butler, Oliver)

              Butler-Schabert House                    Moriches Road            1878         802-12-2-12
              "By-the-Harbor"
              (Charles McKim)

              The "Casino" -Squash Court               Moriches Road            1890         802-12-2-13
              (McKim, Mead, White)

              Butler Estate-Octagonal                  Moriches Road                         802-12-2-13
              in-ground water tank

              Butler Estate- Superintendant's          Moriches Road                         802-12-2-14
               House


              Onet House                               Moriches Road            1920         802-10-4-9
              (Ford, Butler, Oliver)

              Boat House                               Moriches Road            1920         802-10-4-9



                                                           11-17









             Important archeological sites in the Village of Nissequogue include:

             Nissequogue Indian remains, James Creek Cove settlement and burial ground at Rassapeague-
             Knox School site. Other Indian sites have been identified in Delafield Wood, and off Boney
             Lane.


             "Bull" Smith cemetery, where the Patentee of Smithtown is buried.

             Site of the First Church on Moriches Road.


             The following natural areas are considered of significance to the Village of Nissequogue:

             Delafield Woods                         Off River Road                       802-9-3-24


             "NAUp Tree"                             Long Beach Road                      802-9-1-6

             Boldgett-Weld cabin                     Off Boney Lane                       802-2-1-6

             Pig Creek-natural area                  Long Beach Road                      802-5-1-3-4,5

             Long Beach Barrier Beach                Long Beach                           802-5;802-6

             Hubbs-Huntington Pond                   Moriches Road                        802-12-1-15

             Short Beach                             Mouth of the Nissequogue
                                                     River





























                                                         11-18










                             SITES OF HISTORIC and ARCHEOLOGICAL SIGNIFICANCE
                                       in the VILLAGE of HEAD-OF-THE-HARBOR


                                                                                                     Tax Map
                 Structure or site                           Location                  Date          Numb


                 J.L. Mallamo house                          Moriches Road             c. 1860       801-007-3-11


                 Old butcher shop                            Moriches Road             c. 1860       801-007-3--Il

                 United Methodist Church                     Moriches Road             1898          801-006-2-35


                 Gibson-Sherman house                        Moriches Road             1888          801-007-3-9


                 Edgar L. Smith-Parke house                  Moriches Road             1890          801-007-1-11

                 T.F. Smith-Parke house                      Moriches Road             1877          801-007-3-7


                 George Newton house                         Moriches Road             1890          801-007-3-6

                 William Collier house                       Moriches Road             c. 1900       801-007-3-5


                 Babcock-Hesse house                         Moriches Road             1936          801-007-3-2


                 Wetherill iron gates                        (now at Wetherhill        1898          801-006-1-30
                 (Stanford White)                               Lane)

                 "Box Hill" former main gates                Moriches Road             1885          801-006-1-25
                 (Stanford White)

                 Lessard "Red Cottage"                       Moriches Road             c. 1840       801-006-1-24

                 L. White "White Cottage"                    Moriches Road             c. 1840       801-006-1-22

                 Deacon Hallock house                        Off Moriches Road         1740          801-006-1-26

                 Captain Scott-Hubbs house                   10 Moriches Road          1870          801-007-1-11

                 "Box Hill" appurtenances                    Moriches Road             1880-1906     801-007-1-17,
                 (Stanford White)                                                                    18,20

                 Robert White house                          5 Moriches Road           c. 1840       801-007-1-19







                                                                 11-19










             "Box Hill" main house                    Moriches Road            c. 1840      801-006-1-15
             (1880-1906 additions - Stanford
             White)
             (1935 additions - Lawrence G.
             White)

             Friends' Meeting House                   Moriches Road            1908         801-007-1-1-2.3
             (Lawrence S. Butler)

             Huntington cottage                       IOA Moriches Road        1839         801-007-1-1
             (Hubbs house)

             John Collier house                       Harbor Hill Road         1890         801-006-2-24


             T. Farrell house                         Harbor Hill Road         1900         801-006-2-33


             Skidmore-T. Smith house                  30 Harbor Hill Rd.       1830-        801-006-2-32
                                                                               1840


             Walton cottage                           33 Harbor Hill Rd.       1800         801-006-2-16

             L'Hommedieu house                        35 Harbor Hill Rd.       1858         801-006-2-17


             Charles Smith-Daingerfield               34 Harbor Hill Rd.       1775         801  -006-2-27
             house


             Paul Wepy house                          Harbor Hill Road         1790         801-006-2-21

             Soper house and bottling works           46 Harbor Hill Rd.       1840         801-006-2-20

             Bartlett house                           50 Harbor Hill Rd.       1900         801-004-2-6.1


             Capt. Selah Smith house                  60 Harbor Hill Rd.       1840         801-004-2-6.2

             Lottie Smith-Hubbard house               57 Harbor Hill Rd.       1835         801-006-2-1

             Wetherill carriage house                 18 Harbor Hill Rd.       1895         801-006-1-8.6
             (Stanford White)

             Wetherill house                                                   1895         801-006-1-6
             (Stanford White)

             "Shore Cottage" - Sayre house            3 Harbor Hill Rd.        1913         801-006-1-6
             (Lawrence Grant White)




                                                         11-20









                 Stone pump house (ruin)                    Harbor Road              c. 1890       801-006-1-31
                 (Stanford White)

                 Trowbridge-Edwards house                   25 Harbor Road           1937          801-004-1-5

                 Canning house                              29 Harbor Road           1901          801-004-1-3

                 Capt. Obadiah Smith -                      Harbor Road              1860          801-0042-7.1
                 Giacolone house


                 Barton house                               Harbor Road              1890          801-004-2-8.1


                 Olyphant-Lefferts house                    39 Harbor Road           1917          801-004-1-8

                 Emmet-Guenther house                       43 Harbor Road           c. 1790       801-004-1-7


                 Townsend-Benkard house                     Harbor Road              1931          801-004-1-6
                 (William L. Bottomley)

                 Emmet-Bauer house                          61 Harbor Road           1858          801-004-1-6


                 Becket house                               Harbor Road              1940          801-002-1-
                 (William Huntington)                                                              17.4

                 "Sherrewogue" gates                        Harbor Road              1895          801-002-1-19
                 (Stanford White)

                 "Sherrewogue"1895 alterations
                 (McKim, Mead & White)                      at Arbor Lane

                 Sculley house                              Harbor Road              1680          801-002-1-14.1

                 "Thatch Meadow Farm" house                 Harbor Road              1750          801-001-1-1.1


                 C.C. Lawrence house                        Harbor Road              1952          801-001-1-3
                 Q. Bradlwy Delehanty)

                 *East Farm" house                          Harbor Road              1710          801-001-1-7


                 Hawkins store/Coen house                   Harbor Road              c. 1850       801-001-1-3


                 Wicks-Webber house                         178 Harbor Road          1858          801-001-1-4


                 "The Mallows"                              Harbor Road              1906          801-001-12
                 (Charles Adams Platt)


                                                                11-21









            Emmet appurtenant buildings                  Harbor Road               1906          801-001-1-11
            (Stanford White)

            C. Jayne house                               Harbor Road               1790          801-001-2-6

            Grist. mill                                  Harbor Road               1699          801-001-1-28
                                                         (Rebuilt)                 1751

            Blydenburgh house                            Spring Street             1844          801-001-1-16

            Schaefer house                               Spring Street             1873          801-001-1-28

            Williamson-Lorettz house                     23 Mill Road              1837          801-001-2-33


            D.T. Bayles Superintendant's                 North Country Rd.         1890          801-001-2-33
              cottage

            Sherry-Clarke house                          15 Rhododendron Dr.        1790         801-001-2-22.1

            "Windy Crest" - Creiger house                Rhododendron Drive        1800          801-001-2-24

            Davis house                                  Saddle Road               1790          801-001-2-24


            Stable                                       Saddle Road               19th c.       801-001-2-16

            Perry farm                                   Shep Jones Lane           1895          801-003-3-5.2

            Freeman house                                52 Three Sisters Rd       1900          801-006-2-31

            E.M. Jayne house                             50 Three Sisters Rd       1890          801-006-2-30

            Old School                                   Three Sisters Road        1890          801-006-2-29
            (Stanford White)

            Foy house                                    Three Sisters Road        c. 1900       801-004-2-2-

            Perry house                                  Three Sisters Road        1835          801-005-2-18

            Jerome-Sykes house                           18 Three Sisters Rd                     801-005-2-12

            Snooks' house                                Three Sisters Road        c. 1700       801-005-2-24

            Harbor Country Day School                    Three Sisters Road        1910          801-005-2-24.1
            (Lawrence S. Butler)



                                                            11-22










                  Mills-Peck house                          Three Sisters Road       1865         801-005-2-11

                  Thornton house gates                      Three Sisters Road       1917         at Farm Road

                  Superintendent's house                    Pin Oak Lane             1912         801-004-2-24
                  (Peabody, Wilson & Brown)

                  Thornton garage                           Pin Oak Lane             1913         801-004-2-29

                  Thornton guest house                      Pin Oak Lane             1911         801-004-29
                  (Peabody, Wilson & Brown)

                  Abbott house                              Hitherbrook Road         1865         801-005-1-15


                  Pabst-Rice house                          14 Fifty Acre Road       19th c       801-005-1-15

                  Shields house; Butler estate              50 Fifty Acre Road       c. 1890      801-005-1-25

                  Brennan-iselin house                      Fifty Acre Road          c. 1920
                  (Lawrence S. Butler)                                                            801-007-3-16

                  Josephus Carman-O'Keeffe house            54 Fifty Acre Road       mid-19 c.    801-007-3-17

                  Arvid Frank house                         Highland Avenue          c. 1900      801-007-3-16

                  Flinn house/St. James Rectory             Highland Avenue          c. 1890      801-007-3-17

                  E.W. Smith house                          Highland Avenue          1840         801-007-3-12

                  Tanaka-Cassidy house                      Highland Avenue          c. 1880      801-007-3-14

                  Allister Morris house                     Timothy Lane             mid- 1920s   801-007-3028
                  (Lawrence S. Butler)

                  Kerr house                                Timothy Lane             mid-1920s    801-007-3-27
                  (Lawrence S. Butler)

                  Jonas Mills house                         North Country Road       c. 1750      801-005-1-24

                  Jonas Mills bar                           North Country Road       1789         801-005-1-23

                  "Mills Pond House"                        North Country Road       1838         801-005-1-34.1
                  (Calvin Pollard)

                  "Mills Pond House" barn                   North Country Road       c. 1705      801-005-1-34.8


                                                               11-23









           *High Hedges"                        North Country Road     1880         801-005-1-34,10

           Lawson house                         North Country Road     1855         801-005-2-30
           (alterations - Lawrence
           S. Butler)

           "Deepwells"                          North Country Road     1847         801-007-4-3
           (from Minard Lafever book)

           "Timothy Stable*                     North Country Road     1910         801-007-3-22
           (Lawrence S. Butler)

           "Timothy House"                      North Country Road     c. 1800      801-007-3-29
           (alterations-Lawrence S
           Butler)

           "Crooked Cottage"                    North Country Road     1900         801-007-3-35

           G.H. Smith house                     North Country Road     c. 1890      801-007-3-32

           E.N. Smith house                     North Country Road     1908         801-007-3-31

           Wicks house                          North Country Road     1886         801-007-3-24.1

           Finn house                           441 North Country Rd.  c. 1900      801-007-1-3


























                                                   11-24









                Impgrtant archeological sites in the Village of Head-of-the-Harbor include:

                Site of Matthew Smith house                Moriches Road, Southeast comer Taylor Lane

                Site of Joseph Smith house                 Harbor Hill Road near entrance to Bartlett House

                Indian shell heaps                         East Side Harbor Hill Rd. adjoining large tidal
                                                           marsh


                Jacob's well                               Bartlett Marsh


                Family cemeteries:

                Matthew Smith                              South side Moriches Road, just west of Taylor Lane

                William Smith/Carmen                       West side of Harbor Road near Wetherill house barn


                Charles Smith                              North of Harbor Road between Three Sisters Road
                                                           and Stony Brook Harbor

                Adam Smith                                 At "Sherrewogue;" see above

                Mills                                      West of Mills Pond (Extensive; 80 graves)

                The following natural areas are considered of impQrtance to the Village of Head-of-the-Harbor:

                Bartlett Inlet and Marsh                   Harbor Road             801-004-2-6


                Hitherbrook Pond                           Harbor Road             801-005-1-15



                Thatch Meadow                              Harbor Road             801-001-1-1.1
                 Scenic Vistal


                Kettle holes                               Harbor Road             801-001-1-25
                                                           Moriches Road           801-007-3-7
                                                           Fifty Acre Road         801-007-3-16

                "East Farm" preserve                       Shep Jones Lane









                                                              11-25










                     6.     Zonin


                            Maps 4A and 4B show the current zoning in both Villages. In Nissequogue,
                            there are two residential zones, R-2 (2 acres) and R-1 (1 acre). The R-2 district
                            covers most of the Village. The R-1 zone is confined to the Town beaches and
                            the dwellings on East Long Beach Road. Although the R-2 district has much
                            more area than the R-1 district, there are only 25 lots which do not conform to
                            the prevailing zoning compared to 45 lots in the R-1 district. Many of the non-
                            conforming lots in the R-1 district are located in the flood hazard zone.

                            Head-of-the-Harbor has three residential districts. Nearly all of the Village is
                            zoned for residences on at least' two acres of land. The only areas where
                            residences are permitted on one acre or more are south of Route 25A and south
                            of Three Sisters Road.


                            The zoning in the Villages is compatible with the physical constraints of the land.
                            Steep topography, high water tables in some areas, and poorly drained soils limit
                            the ability of the land to absorb intensive development without the construction
                            of public sewer and water. The physical constraints, and the limited population
                            of the Villages also make the construction of public sewer and water economically
                            infeasible.


                            The existing zoning classifications protect surface and groundwater quality in the
                            Villages in the absence of public infrastructure. An additional benefit is that the
                            rural nature of the Villages is maintained, which protects the integrity of
                            important historic and archeological resources.


             C. ENVIRONMENTAL CONDITIONS


                    1.      Soils, Topography and Erosion

                            The north shore of Long Island, where the Villages of Head-of-the-Harbor and
                            Nissequogue are located, is characteristic of a glacial terminal moraine:
                            occasional scattered transported boulders may be found, but bedrock formations
                            are lacking. Generally the soils of Long Island include much sand and gravel,'
                            with frequent streaks of clay, sometimes in extensive layers; where steeply sloped
                            they are often unstable. The most significant soil types in the coastal area are
                            Carver, Riverhead, and Haven.










                                                           11-26

















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                            In both Villages, Carver soils are found in the steep drainage swales leading to
                            Stony Brook Harbor and to the Nissequogue River. This soils group is more
                            extensive in Nissequogue than in Head-of-the-Harbor. In Nissequogue, Carver
                            soils encompass not only major drainage swales, but also the generally steep
                            slopes which border the harbor and the river. Carver soils are the poorest--
                            excessively drained, coarse-textured, with a very low moisture capacity and a
                            very low natural fertility.      Permeability is rapid throughout, leading to
                            doughtiness and to poor filtering ability which could pose a water quality hazard.
                            The major drainage swales and slopes in excess of 25% should remain
                            undeveloped, with undisturbed natural vegetation in order to reduce the potential
                            for surface water quality degradation.

                            Riverhead soils are deep, well-drained, moderately coarse-textured and found in
                            a mantle of sandy loam or fine sandy loam over thick layers of coarse sand and
                            gravel. These soils have moderate to high available moisture capacity and good
                            internal drainage. Permeability is moderately rapid in the surface layer and
                            subsoil layer, but very rapid in the substratum. Natural fertility is moderate.
                            Riverhead soils generally pose slight to moderate constraints on development,
                            related to slope. Riverhead soils are relatively extensive in Head-of-the-Harbor,
                            where they tend to be located in a band stretching from south to northwest along
                            the Village boundary line. In Nissequogue, Riverhead soils are located on the
                            ridge which forms the central spine of the Village.

                            Haven soils are deep, well-drained, of medium texture, formed in a loamy or silty
                            mantle over stratified coarse sand and gravel. They have a high to moderate
                            available moisture capacity, good internal drainage, and permeability which is
                            moderate in the upper layers and rapid in the substratum. Haven soils are the
                            most fertile within the Villages. They tend to be found in the upland areas.
                            Haven and Riverhead soils should be conserved and stockpiled if the land is
                            developed.

                            Other soils include Sudbury sandy loam, Raynham loam, and Berryland mucky
                            sand, all commonly associated with freshwater wetlands and high water table
                            areas. These, with Plymouth sand and loamy sand, often associated with Carver
                            soils, are unsuitable for development.

                            Within the Villages there are also areas of beach, dune, escarpment or sandy bluff
                            as well as tidal marshland; the last is extensive. All these soils are extremely
                            susceptible to erosion and to developmental impacts even at moderate levels of
                            use. They require careful protection to maintain their natural capacity to absorb
                            and reduce the effects of coastal storms and flooding. This, in turn, protects
                            property in the Villages from storm damage.






                                                           11-31









                                The topography of both Villages is characterized by high land--around        200 to
                                215 feet above sea level --- dropping off sharply towards Stony Brook Harbor.
                                This configuration is characteristic of a glacial moraine, with the harbor
                                representing a giant kettlehole. Both Head-of-the-Harbor and Nissequogue, then,
                                have in profile a ridge, and land descending towards water. In Nissequogue, the
                                ridge is approximately central; Moriches Road, Horse Race Lane and Boney Lane
                                run along its crest; and an intersecting ridge which follows the course of the
                                Nissequogue River meets it at River Road. The ridge above the river is, on the
                                whole, the steeper. In some areas along Nissequogue River Road, near Steep
                                Bank Road, slopes of 50% are common. In one area, an embankment has a slope
                                of 100%. Head-of-the-Harbor, by contrast, has the ridge approximately along its
                                southern western and eastern boundaries.


                                Another distinguishing feature of Nissequogue are the bluffs along Smithtown
                                Bay. Beginning just east of the Short Beach Town Park, small bluffs (less than
                                10 feet high) or dunes occur. Moving east, these bluffs rise gradually to 100 feet
                                and plunge to the beach below at a 100 degree angle of repose. The bluffs again
                                decrease in height toward the Long Beach peninsula.

                                Much of the land at the top of the ridge, as along Moriches Road and North
                                Country Road (State Route 25A), is flat or gently sloping. This area was the first
                                to be settled and cultivated, and much of the most fertile soil is found 'upland'.
                                Flat areas along the eastern riverbank and the shores of Stony Brook Harbor were
                                also farmed by early settlers. From the mid-18th to the mid-19th century,
                                woodcutting was a major economic activity, and nearly all the virgin forestland
                                within the Villages was cleared; but woodcutting before the invention of the chain
                                saw did not involve stripping -- a proportion of trees was always left to stabilize
                                the steeper slopes. Today, much of what was new growth a century ago or more
                                is lofty hardwood forest. Twenty five years ago the greater part of the Villages
                                was undeveloped forested land; today most of the land in the Villages is partially
                                forested, and undisturbed forest can be seen chiefly in preserved tracts, such as
                                those in each Village owned by the Nature Conservancy.

                                Tree cover, and its understory of shrubs, vines, and other vegetation, is especially
                                important on the steep slopes in the Villages because these slopes are almost
                                entirely composed of Carver soils --- coarse, sandy, excessively drained, non-
                                moisture retentive, and easily destabilized when deprived of their natural
                                vegetation.

                                Until recently, steep slopes in the Villages were almost entirely left undisturbed.
                                As more easily developed building sites have been used up, those with steep
                                slopes and other inherent problems have become more attractive, prompting the
                                enactment of ordinances aimed at placing special constraints upon steep-slope
                                building.



                                                               11-32









                                In Head-of-the-Harbor mandatory building site setbacks from property boundaries
                                have been made flexible on steep slopes (or where a swale exists) so that least
                                damaging sites may be used, access gradients minimized, impermeable paved
                                areas controlled and limited, and alterations in natural drainage patterns
                                forbidden. The aim is to minimize pollutants reaching surface waters and
                                groundwater, and to maintain the natural hydrological system. Watershed
                                management is new to the Villages, but is developing under the guidance of the
                                Suffolk County Planning Department.

                        2.      Coastal Erosion Hazards Areas/Natural Protective Features

                                Most of the coastal erosion hazard areas as defined by the Coastal Erosion Hazard
                                Areas Act (ECL, Article 34) are located in the Village of Nissequogue. Head-of-
                                the-Harbor faces only the sheltered waters of Stony Brook Harbor. The shores
                                of the harbor offer few bluffs except at the two extreme ends (the end of Long
                                Beach Road in Nissequogue just before the sand spit begins, and also at the
                                confluence of the harbor and Stony Brook Creek.) At the southern end of the
                                harbor a short stretch of bluffs --- 200 or 250 linear feet --- rise above the tidal
                                marshland, which serves to protect the bluffs against wave action. No other
                                bluffs can be identified around the harbor unless the definition is applied to shore-
                                margins of two feet in height or less.

                                Nissequogue, however, has bluff areas not only at the Long Beach Road/sand spit
                                juncture, but on the sand spit itself, and these latter face not the sheltered waters
                                of the harbor, but Smithtown Bay/Long Island Sound. Bluff erosion in this area
                                is continuous.


                                The bluffs are recognized as imposing severe constraints upon development. A
                                setback of 100 feet is required in Nissequogue and 50 feet is required in Head-of-
                                the-Harbor for any structures near bluffs. An increase to a minimum of 150 feet
                                is being considered by both villages. Further revision to bluff erosion prevention
                                measures to bring them into conformity with Article 34 is being discussed.

                                The beaches fronting Smithtown Bay in Nissequogue have accreted slightly or are
                                stable, according to "Erosion of the North Shore of Long Island", prepared by
                                the Marine Sciences Research Center. The sand is supplied by littoral drift and
                                by erosion of the bluffs on Smithtown Bay. Despite the fact that the beach areas
                                are stable, they can be undermined by inappropriate alteration or use of erosion
                                structures.     Consequently, development should be restricted to prevent
                                inappropriate use of beach areas.

                                Dunes found on Short Beach are fragile structures which can be damaged by
                                insensitive use. Both pedestrian and vehicular traffic can destroy the stabilizing
                                vegetation and shape that makes dunes important natural protective features and
                                habitats for endangered and threatened tems. (See Maps 5A and 5B)




                                                                  11-33
























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                                                                                 This map was prepared for the New York State Department of @tate                                          Federal Grant        Number: MA-82-AA-D-CZ068
                                                                                 Coastal Management Program with finan6ial assistance from the                                             Date of Preparation: February 1987
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                                                                                 the Coastal Zone Management Act of 1972, as amended.




























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                       3.       Surface and Groundwater Resources

                                The Villages of Head-of-the-Harbor and Nissequogue lie chiefly in a shallow
                                discharge zone, with some portions in a deep aquifer recharge zone. The flow
                                of surface and subsurface waters from all of Head-of-the-Harbor is to Stony
                                Brook Harbor, with the exception of a small area on the extreme southwestern
                                edge of the Village which sends water into the drainage system of the
                                Nissequogue River.        All surface and subsurface flow in the Village of
                                Nissequogue moves towards the river, or to Smithtown Bay (Long Island Sound),
                                or to Stony Brook Harbor.

                                Development, particularly within the shallow discharge zone, will have the
                                greatest impact upon surface water if it is dependent upon subsurface waste
                                disposal systems. Work done by the Suffolk County Planning Department has
                                shown that subsurface flow from upland areas to areas adjacent to the harbor have
                                been high. Development in deep aquifer recharge zone has the greatest affect on
                                groundwater quality. Impacts upon existing water wells depend upon the type of
                                activities taking place in the area in conjunction with the direction of groundwater
                                flow.


                                All of Nissequogue, and almost all of Head-of-the-Harbor, depend upon private
                                wells for water supply, as the public water system extends only to short sections
                                (chiefly boundary) of roads in Head-of-the-Harbor, and does not reach
                                Nissequogue at all. A plentiful supply of good quality well water has been
                                available to the present time. An abundance of groundwater is indicated by the
                                extensive areas in both Villages in which the water table is very high, and the
                                presence of many surface springs is very evident. Until recently, good water was
                                obtained from shallow wells. As increasing demand has been placed upon these
                                resources the supply has ceased to be sufficient and in some areas, the water
                                quality has deteriorated.

                                There are several water quality problems existing in the Villages, one of which
                                is salt water intrusion. Salt water intrusion has become more frequent as more
                                wells are drilled in sensitive locations (as along the Long Beach sand spit).
                                Drilling deep wells (to depths more than 200 feet below sea level) presumably
                                would solve the problem, although the permanence of the solution cannot be
                                guaranteed.    Other forms of pollution in groundwater supplies have been
                                identified at sites on or closely adjacent to farms in Head-of-the-Harbor, where
                                fertilizer and insecticide residues have been introduced over a considerable period
                                of time, producing chemical traces, which may be very lasting. Runoff pollution
                                is also increasing. Runoff affects the quality of the coastal waters by the
                                introduction of chemical products: road salt, fertilizers, insecticides, herbicides.
                                Some of the contaminants in runoff will be left behind in that percentage of the
                                water which does not run off, but sinks into the soil, most of which is very
                                permeable. It is difficult to control runoff pollution by direct action, but intensive
                                education programs for local residents showing landscaping alternatives to



                                                                11-39









                             cultivating lawns which demand heavy chemical applications, and to using
                             chemical pro6cts where others exist, can do the job.

                             Finally, leachate contamination from cesspools and septic tanks pose serious
                             health problems by introducing E.coli bacteria, heavy metals, and other pollutants
                             into surface and groundwaters. This can be controlled by limiting the intensity
                             of development. Nearly all of each Village is zoned at a 2-acre minimum lot size
                             for one-family dwelling, which puts an upper limit upon development. At this
                             density, contamination of groundwater from sewage disposal systems should not
                             pose a severe threat, but the siting, construction standards, and maintenance of
                             septic tanks and cesspools is important in reducing the potential for
                             contamination.


                             Water Ouali


                             All fresh and saline surface waters in the coastal area have been classified in
                             terms of water quality by the NYS Department of Environmental Conservation.
                             With the exception of Mill Pond and the Stony Brook on the eastern boundary
                             line of the Village of Head-of-the-Harbor and the Town of Brookhaven, which
                             are classified C, all other fresh surface waters are classed D. These surface
                             waters are unnamed ponds scattered throughout the Villages. A "C" classification
                             means that the waters are best suited for the propagation, survival and growth of
                             fish, other aquatic life, and wildlife. Secondary contact recreation (boating) is
                             also appropriate. Waters classified D are too polluted to support fish and wildlife
                             populations.

                             The saline waters of the coastal area, which encompass Stony Brook Harbor and
                             the estuarine portions of the Nissequogue River are classified SA and SC,
                             respectively. The SA classification indicates that Stony Brook Harbor is clean,
                             and is suitable for harvesting shellfish and for primary contact recreation. The
                             extreme southernmost end of Stony Brook Harbor is closed to shellfishing due to
                             excessive E.coli bacteria levels. The Nissequogue River, classified SC, is closed
                             to shellfishing, although it is suitable for secondary contact recreation and
                             finfishing. It is believed that stormwater runoff and contaminated groundwater
                             seeping into the river bottom are the principal sources of water pollution.

                             Flood Prone and Flood Hazard Areas


                             Flood hazard and flood prone areas in the Villages, as determined by the Federal
                             Emergency Management Agency, are shown on Maps 6A and 6B.

                             Flooding is not extensive in either Village because topography confines flood
                             waters to areas immediately adjacent to the coastal waters, with only minor
                             intrusions inland along marsh systems or coastal depressions. For this reason,
                             areas of flooding are coincidental with beaches and with tidal and freshwater
                             wetlands.



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                               Base flood elevations in areas of 100 year floods (A- Zones) average 12 feet.
                               Areas subject to wave action (V- Zones) during a flood are located at the mouth
                               of the Nissequogue River, encompassing Short Beach. The V-Zones extend along
                               the beaches of Smithtown Bay and include the Long Beach peninsula. The
                               shoreline of Stony Brook Harbor also contains V-Zones. Base flood elevations
                               in these areas average 14 feet. Aerial photos show that there are no structures
                               within the V-Zones of either Village. This is due primarily to the slow pace of
                               development that the Villages have experienced until recently, and to the fact that
                               the V-Zones are also tidal wetlands. Aerial photos also show that the only
                               structures currently located within areas of 100 year floods are on the Long Beach
                               peninsula.

                               The Long Beach peninsula is exposed to the greatest flood hazard. Severe
                               northeasterly storms, especially if they strike behind an incoming tide, can send
                               water over the low-lying parts of the narrow peninsula. These potential breach
                               points do not include residential structures since these are located on higher sand
                               bluffs.


                               In Head-of-the-Harbor, the area most frequently inundated lies away from the
                               coastal margin, at the southeastern edge of the Village, where Mills Pond, a
                               freshwater pond, occasionally floods in the spring after heavy rains or an
                               unusually rapid thaw. Buildings near the pond are all elevated well above the
                               flood water level. Very heavy rains especially accompanied by the spring tides
                               will occasionally cause road flooding at the southern end of Stony Brook Harbor
                               where the freshwater Bartlett Marsh drains into the harbor. The cause is an
                               inadequate culvert which replaced a small bridge. The culvert should be enlarged
                               or replaced with a bridge.

                               Building within the 100 year flood plain is permitted in the Villages only if it is
                               carried out in compliance with local flood hazard regulations, modeled on federal
                               standards.


                               Tidal and Freshwater Wetlands

                               In Nissequogue and Head-of-the-Harbor, tidal wetlands dominate the coastal area
                               (Map 7A and 7B). Tidal wetlands constitute one of the most productive of
                               ecologic zones, serving as a nursery for fish and shellfish, and providing food and
                               shelter for wildlife. The tidal wetlands serve to control flood and stormwaters,
                               to trap sediment and to act as purifiers of runoff. The wetlands are also valuable
                               for their scenic, open space, and educational benefits.

                               Tidal wetlands contain a number of different zones classified by vegetation and
                               biological productivity. The intertidal marsh (IM) and coastal fresh marsh (CFM)
                               are the most biologically productive of all tidal wetlands areas. The coastal fresh
                               marsh is uncommon in New York State and is found mostly where freshwater
                               runoff is backed up by daily tides. They are generally bordered by rushes,
                               cattails and brackish water cordgrass, as well as pickerel weed and marsh roses.


                                                               11-45











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                               The coastal fresh marsh is highly productive and has extremely high value for
                               wildlife. Since they receive twice-daily tidal flushing, the vegetation and detritus
                               are readily transported to adjacent waters for use in the estuarine food chain.
                               Their location also makes them the most effective wetlands zones for flood,
                               hurricane, and storm protection. Both their intertidal location and their highly
                               productive nature makes them among the most effective wetland zones for
                               cleansing ecosystems and for absorbing silt and organic material. Because of
                               these high values and their sensitive location at the land-water interface, intertidal
                               and coastal fresh marshes must be stringently protected and preserved. Even
                               small portions of these zones are critically important resources. Consequently,
                               only very limited types of land use and development are compatible with these
                               areas.


                               High marsh and salt meadow (HM) tidal wetlands constitute an extensive zone of
                               the salt marshes that receives only occasional tidal flooding coincident with
                               extreme lunar tides and occasional storms. These areas are not as productive as
                               intertidal marshes, but they are very important in the marine food chain. Because
                               of their size and location, salt marshes are as important in the absorption of silt
                               and organic material and storm water control as intertidal marshes. Furthermore,
                               because they are located generally in such a way that they are the first tidal
                               wetland area to receive runoff and other materials from the land, they have an
                               important role in cleansing ecosystems. Because these wetlands are usually
                               located adjacent to intertidal marshes and because their values are similar, these
                               areas must also be stringently protected.

                               Tidal wetlands also include areas classified as shoals, bars, flats and littoral
                               zones.    These areas vary in their level of ecological productivity, but are
                               important for flood and hurricane control. Since the jurisdiction of the Village
                               of Nissequogue is defined by mean high water, it does not contain any of these
                               features. - Head-of-the-Harbor's jurisdiction extends 500 feet into Stony Brook
                               Harbor, so it does contain some shoals, bars, and flats within the littoral zone.

                               In the Villages, tidal wetlands are extensive. They stretch around Stony Brook
                               Harbor and into the estuarine portions of the Nissequogue River. Because the
                               shoreline of the harbor and the river are still in their natural state, a large
                               proportion of the highly productive intratidal and coastal fresh marshes remain.
                               Loss of marshes has resulted from dredging rather than development. Dredging
                               operations over the past twenty years have destroyed approximately 100 acres of
                               wetlands in Stony Brook Harbor. Significant marsh and delta areas at the mouth
                               of the Nissequogue River were destroyed through direct removal or spoil disposal
                               during channel dredging in 1960.





                                                                11-51









                             Around Stony Brook Harbor, the tidal wetland complex is particularly valuable
                             because it includes areas of coastal fresh marsh. At the extreme southern end of
                             the harbor is an area known as the Bartlett Marsh. The Bartlett Marsh includes
                             an extensive and varied upland, a spring-fed pond, an extensive system of fresh
                             water springs, a very small brook, and approximately ten acres of completely
                             undisturbed wetland in addition to ten acres of upland. It provides habitat for a
                             wide variety of birds and marnmals.

                             There are also isolated coastal fresh marshes along the banks of the Nissequogue
                             River which provide food, shelter and fresh water for wildlife. Many very small
                             freshwater wetlands supported by countless freshwater springs ring the harbor and
                             line the banks of the Nissequogue River. Most of these freshwater wetlands are
                             only a fraction of an acre in size, but their undisturbed nature, their rich
                             vegetation, and their supply of drinking water as well as food for animals make
                             them important components of the ecosystem.

                             Current threats to tidal wetlands include potential intrusion by development, both
                             public and private, road runoff pollution, groundwater pollution, and increasing
                             boat traffic and human access.


                             The tidal wetlands are vital to the characters of the Villages' waterfront. They
                             create and maintain the open vistas in the Nissequogue River in Stony Brook
                             Harbor. They also help to ensure the availability of breeding and nursery areas
                             for fish, shellfish and wildlife. Consequently, the Villages are very concerned
                             about their preservation.

                     4.      Sizniricant Fish and Wildlife Habita


                             All wetlands within the Villages of Nissequogue and Head-of-the-Harbor support
                             valuable fish and wildlife habitats. Three coastal fish and wildlife habitats of
                             statewide significance have been designated in the coastal area. They are the
                             Nissequogue River, the Nissequogue Inlet Beaches, and Stony Brook Harbor
                             (Maps 8A and 8B).

                             Nissg4,.uogue Rive

                             The Nissequogue River forms the western boundary of the Village of
                             Nissequogue. It runs north through the Town of Smithtown and empties into
                             Smithtown Bay. The character of the river varies from narrow, enclosed
                             stretches near its headwaters to a broad estuarine mouth. The significant habitat
                             encompasses about 750 acres, extending 7.6 miles. The habitat includes the tidal





                                                           11-52





















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                             portion of the river which contains mud flats, salt marshes, and freshwater
                             wetlands, bordered by undeveloped woodlands and very low density residential
                             development in the Village. Portions of the Nissequogue River located below
                             mean high water are owned by the Village of Nissequogue, and are being held
                             for conservation purposes.

                             The Nissequogue River is one of four major rivers on Long Island. The coastal
                             segment of the river remains in a relatively undisturbed condition, and has been
                             officially designated by New York State as a "Scenic River" and "Recreational
                             River" (under Article 15, Title 27 of the Environmental Conservation Law) to
                             encourage preservation and restoration of its natural scenic and recreational
                             qualities. The Nissequogue River also represents one of the largest coastal
                             wetland areas on the north shore of Long Island.

                             This habitat is important to a great diversity of fish and wildlife species
                             throughout the year. During the spring and summer months, the Nissequogue
                             River provides suitable nest habitat for herons, egrets, Canada goose, mallard,
                             black duck, spotted sandpiper, marsh wren, clapper rail, belted kingfishers, and
                             many passerine bird species. This biologically productive area also serves as an
                             important feeding area for other species nesting in the vicinity, including
                             endangered (E) or threatened (T) species such as least tem (E), common tern (T)
                             and osprey (T) and for a variety of shorebirds and waterfowl during spring and
                             fall migrations.

                             Endangered species are any species which meet one of the following criteria:

                             (1)    are native species in imminent danger of extirpation or extinction in New
                                    York; or

                             (2)    are species listed as endangered by the United States Department of the
                                    Interior in the Code of Federal Regulations (50 CFR part 17 [see section
                                    182. 1 (a)(1) of this Part]).

                             Species of special concern are any native species for which a welfare concern or
                             risk of endangerment has been documented by the Department of Environmental
                             Conservation.


                             The Nissequogue River is locally significant as a waterfowl wintering area,
                             supporting concentrations of black duck, mallard, Canada goose, and mute swan.

                             In addition to having significant bird concentrations, the Nissequogue River is a
                             productive area for finfish, shellfish, and other wildlife. The river supports a
                             significant sea-run fishery for brown trout in the fall (September - November,
                             primarily), the only such fishery tributary to Long Island Sound. Other fish


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                               species which use the Nissequogue River as a nursery or feeding area (from
                               April-November, generally) include Atlantic silverside, menhaden, bluefish,
                               striped bass, scup, winter flounder, and blackfish. These fisheries support heavy
                               recreational fishing use, of regional significance. Access to the area for fishing
                               is available from Sunken Meadow State Park west of the river mouth/inlet; and
                               from Short Beach Town Park east of the inlet. Across the river, in Smithtown,
                               major access points for fishing and for active recreation are found, including the
                               Kings Park bluff marina area. The river also contains abundant shellfish
                               resources, including hard clams, soft clams, and American oysters, but these
                               waters are not certified for harvesting shellfish. Diamondback terrapin (SC) nest
                               along the sandy shores of the river near the mouth and use the salt marshes for
                               cover and feeding.

                               The continued productivity of the Nissequogue River habitat depends upon
                               maintaining and improving water quality and limiting the effects of human use.
                               All species of fish and wildlife inhabiting the river would be affected by water
                               pollution such as chemical contamination, excessive turbidity or sedimentation,
                               oil spills, and waste disposal.

                               Currently, land development along the Nissequogue River in the Village is
                               minimal and is generally set back from tidal wetlands, across River Road. This
                               distance separation and the low intensity of use diffuses runoff-carrying sediments
                               and fertilizers to some extent. There is the potential, howeverjor greater water
                               quality impacts as development increases along the riverbank. Without careful
                               control of construction activities and location of driveways, roadways and
                               structures along the steep escarpments to the east of River Road, sandy soils from
                               the slopes could be destabilized and run, as sediment pollution, through swales
                               into the river. Slumping of road shoulders on River Road and use of deicing
                               materials can also degrade water quality. Increased use of fertilizers on new
                               lawns could also create water quality problems by leaching through highly
                               permeable Carver soils or by directly running off after a heavy watering or rain.

                               Since there are no public sewers in the Village, all development occurs on
                               individual septic systems. Due to the general slope of the land toward the river,
                               to the highly permeable soils, and to the presence of high water tables in certain
                               areas, septic systems can contribute to water pollution. The location of new
                               systems must be carefully evaluated and older systems should be checked to
                               ensure that they are functioning properly.

                               There has been a significant increase in recreational boating in the area in recent
                               years. Boating, especially motor boats, can affect water quality by increasing the
                               potential for gasoline, oil, and toxic boat hull treatments to enter the water
                               through spills, leaks or chipping. Unless boaters are responsible and discharge
                               sanitary wastes only at approved pumpout stations, water quality can be degraded


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                              by direct discharge of sewage into the river. E.coli concentrations, both from
                              boats and upland sources, would seriously impact the goal of cleaning the river
                              to allow for shellfish harvesting. Wakes generated by boats travelling at high
                              speeds contribute to bank and shoreline erosion. Speed limit and "no wake"
                              zones can minimize erosion and sedimentation.


                              Alteration of tidal patterns in the river can affect water quality by decreasing
                              flushing in some locations or increasing salinity. This would be a basic alteration
                              of habitat characteristics that would disrupt existing populations. Maintaining
                              existing tidal patterns should be a major concern when evaluating dredging
                              proposals. Dredging should be minimized and scheduled in the late fall and
                              winter to minimize impacts on aquatic organisms, and to allow for spoil disposal
                              when wildlife populations are least sensitive to disturbance.

                              If dredging were to occur outside of existing channels, it could eliminate valuable
                              intertidal marsh habitats, disrupting many birds, reptiles and mammals.

                              Increasing human use of the Nissequogue River could lead to the elimination of
                              terrapin colonies along the river if not controlled in mid-April through July.
                              Terrapin egg nests are disturbed by human activity such as vessel wakes and off-
                              road vehicular traffic which erode the shoreline and expose nests.

                              Nissgguogue Inlet Beaches

                              The Nissequogue Inlet Beaches are located on either side of the Nissequogue
                              River mouth on Long Island Sound. The portion of the habitat within the Village
                              of Nissequogue consists of approximately 50 acres of sparsely vegetated dredge
                              spoil and adjoining sand beach in the Short Beach Town Park. The habitat is
                              subject to some disturbance as a result of the heavy recreational use (e.g.
                              pedestrians, campers, an'd off-road vehicles) during the summer. A major portion
                              of the Short Beach site has been posted as a tern nesting area since 1980.

                              The Short Beach portion of the habitat consists of a relatively small segment of
                              undeveloped barrier beach ecosystem. Although the biological communi-ties in
                              this area are not uncommon in Suffolk County, the existence of undeveloped
                              beaches in close proximity to a major inlet is generally rare on the north shore
                              of Long Island. Short Beach Town Park is an important nesting site for least
                              terns (E), common terns (T), and piping plovers (E), with all three species
                              present from 1982-1984. During each of these years, approximately 130-340
                              pairs of least tems were reported nesting in the area. Short Beach Town Park
                              was one of the five largest least tern nesting colonies on Long Island in 1982 and
                              1983, and is of statewide significance. An estimated 200 pairs of common terns,
                              and up to 17 pairs of piping plovers were reported here in 1984.





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                               Least tems and piping plover (5 pairs or less) nest on the western sand spit area
                               in the Town of Smithtown. Their numbers have been decreasing steadily.                40
                               Common tems have not nested there in recent years. Human disturbance from
                               Sunken Meadow State Park may have forced the majority of nesting birds to
                               move to Short Beach. Other birds which use the area include yellow crowned
                               night heron, osprey (D, great homed owl, and red-tailed hawk. Diamondback
                               terrapin (SC) use both areas for feeding and cover, and are confirmed nesters on
                               the south side of the eastern spit.

                               The nesting shorebirds and terrapins inhabiting the Short Beach peninsula are
                               highly vulnerable to disturbance by humans from mid-April through July. Since
                               the habitat is located adjacent to a heavily used Town beach, there is significant
                               pedestrian traffic and recreational vehicle use of the uppermost beach and spoil
                               areas and the sandy cove to the south of the peninsula. Human intrusion during
                               the plover, tem, and terrapin nesting season will seriously affect the animals, and
                               may eliminate the colonies. There is already evidence that tems and plovers are
                               being driven off the western section of the habitat by human disturbance.
                               Fencing and/or continuing to annually post the area to protect the birds and
                               terrapin is important to maintaining the habitat.

                               The habitat was partially created by dredge spoil disposal. Unregulated dredge
                               spoil disposal in this area, however, could be detrimental to the nesters by
                               crushing eggs or by changing desirable contours and vegetative cover. Carefully
                               regulated spoil disposal, on the other hand, could be designed to improve the
                               habitat by controlling vegetative succession.

                               Finally, introduction or attraction of mammalian predators to the Short Beach
                               nesting area would also be detrimental to the populations of nesting wildlife.
                               Control of pets, as well as ensuring that raccoons or fox are not attracted by food
                               refuse, is important.

                               Stony Brook Harbor and West Meadow

                               Stony Brook Harbor and West Meadow are located on the north shore of Long
                               Island, between the Villages of Nissequogue and Head of the Harbor and the
                               hamlet of Stony Brook. The harbor itself and Long Beach peninsula lie within
                               the Villages' coastal area. West Meadow Beach is in the Town of Brookhaven.
                               This approximately 1200 acre area is generally defined by the mean high water
                               elevation on all sides. The fish and wildlife habitat includes all of the wetland
                               area behind Long Beach and West Meadow Beach, which contain extensive areas
                               of undeveloped salt marsh, tidal flats, dredge spoil islands, and open water. Also
                               included is the eastern end of the Long Beach barrier peninsula. Water depths
                               in the harbor are generally less than six feet below mean low water, except in
                               dredged navigation channels. The harbor is bordered on the west, south, and east


                                                              11-60









                             by residential development and undeveloped woodlands. Small craft harbor
                             facilities predominate the north shore of Stony Brook Harbor, including the Town
                             of Smithtown's Long Beach Marina and boat launching ramp.

                             Stony Brook Harbor and West Meadow comprise one of the largest and most
                             diverse coastal wetland ecosystems on the north shore of Long Island, of regional
                             significance. This area is important to many fish and wildlife species throughout
                             the year. Least tern (E), common tern (T), and piping plover (E) nest in several
                             locations within Stony Brook Harbor, including Porpoise Channel Island (Youngs
                             Island), the eastern end of Long Beach Peninsula and dredge spoil areas near the
                             Long Beach Marina and the Long Beach boat launch. Approximately 200-300
                             breeding pairs of least terns, 50-150 pairs of common terns, and 4-9 pairs of
                             piping plovers nested in the area in 1983, 1984, and 1985. In those years, the
                             population of least terns nesting at Stony Brook Harbor was among the five
                             largest on Long Island, of statewide significance. Stony Brook Harbor and West
                             Meadow are also inhabited by a variety of nesting heron species, including snowy
                             egret, black-crowned night heron, and yellow-crowned night heron. The primary
                             heronry is located on the eastern end of Long Beach in the Village of
                             Nissequogue conservation area. As of 1977, this area contained some of the
                             largest nesting concentrations of snowy egret and black-crowned night heron on
                             Long Island, with estimates of 128 and 160 pairs, respectively. Other species
                             nesting in the Stony Brook Harbor and West Meadow area include Canada goose,
                             herring gull, great black-backed gull, wood duck, black duck, mallard, fish crow,
                             red-winged blackbird, and horned lark. The salt marshes, intertidal flats, and
                             shallows in this area are used extensively as feeding areas for birds nesting there,
                             and for many other species during migration (shorebirds in particular). At the
                             extreme southern end of the harbor is the Bartlett Marsh. This coastal fresh
                             marsh includes an extensive and varied upland, a pond, an extensive system of
                             fresh-water springs, and a small creek. The natural cover provides a home for
                             a wide range of birds, including marsh harriers, and for a considerable variety
                             of small mammals such as fox, opossum, muskrat, raccoon, woodchuck,
                             whitefooted mice and deer mice, and others. Year-round bird residents include
                             flickers, downy and hairy woodpeckers, red-bellied woodpeckers, titmice,
                             chickadees, mockingbirds, catbirds, grackles, house and American finches, blue
                             jays, cardinals, nuthatches, and a wide spectrum of sparrows; summer breeders
                             include barn swallows, purple martins, robins, and an extensive list of warblers,
                             including the blue-winged and the prothonotary.

                             Stony Brook Harbor and West Meadow is one of the most important waterfowl
                             wintering areas (November - March) in northern Suffolk County. Mid-winter
                             aerial surveys of waterfowl abundance for the ten year period 1975-1984 indicate
                             average concentrations of over 375 birds in the area each year (784 in peak year),
                             including approximately 125 black ducks (418 in peak year), along with lesser



                                                             11-61









                               numbers of scaup, mallard, Canada goose, oldsquaw, bufflehead, common
                               goldeneye, red-breasted merganser, and mute swan.

                               Waterfowl use of the area during winter is influenced in part by the extent of ice
                               cover each year. Concentrations of waterfowl also occur in Stony Brook Harbor
                               and West Meadow during spring and fall migrations (March - April and October -
                               November, respectively).

                               In addition to having significant bird concentrations, Stony Brook Harbor and
                               West Meadow are productive areas for marine finfish, shellfish, and other
                               wildlife. The bay and creeks serve as nursery and feeding areas (from April -
                               November, generally) for winter flounder, bluefish, blackfish, and forage fish
                               species, such as Atlantic silverside and striped killifish. The harbor is inhabited
                               by concentrations of hard clam, soft clam, American oyster, ribbed mussel, and
                               blue mussel but part of the area is not certified for shellfishing. Stony Brook
                               Harbor and West Meadow are readily accessible for a variety of fish and wildlife-
                               related recreational uses, and are popular among local residents for fishing,
                               birdwatching, nature study and waterfowl hunting.

                               The sensitive tidal habitats of Stony Brook Harbor are similar to those in the
                               Nissequogue River in that degradation of water quality and intrusion by humans
                               will disrupt the fish and bird populations.

                               Water quality in Stony Brook Harbor is affected by land runoff and vessel waste
                               discharge. It is suspected that old, malfunctioning, or poorly sited septic systems
                               may also contribute to water quality problems, although more research is
                               required. Since Stony Brook Harbor sits in a bowl, runoff from the higher land
                               and roadways into the harbor can introduce sediments and pollutants. The low
                               intensity of development and the generally wooded character of hillsides and
                               swales currently act to retain some sediments and pollutants. As the Villages
                               become more developed, however, it will be critical to retain as much stabilizing
                               natural cover as possible and to carefully site buildings in order to minimize
                               sedimentation. Introduction of chemicals like road salts, fertilizers, fuels, and
                               boat and dock preservatives are also a concern. Measures to reduce or eliminate
                               chemical pollutants through direct action or public information is necessary.

                               Like the Nissequogue River, boating is also increasing in Stony Brook Harbor.
                               The shelter that the harbor offers makes it a desirable mooring and docking area.
                               The Town of Smithtown has recently expanded its marina north of Porpoise
                               Channel. The Town has also conducted numerous studies showing that further
                               expansion of boating facilities into the Nissequogue River and Stony Brook
                               Harbor would cause significant scenic and environmental damage. Increased
                               introduction of boat waste discharges into the water would severely affect
                               recreational and commercial shellfishing and the future of any mariculture project,


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                              as well as damaging native fish and shellfish populations. Provision of adequate
                              pumpout facilities, as proposed by the Town of Smithtown, will help reduce
                              discharge pollutants.

                              Dredging and dredge spoil disposal is a major concern in Stony Brook Harbor.
                              The Marine Sciences Research Center at SUNY - Stony Brook prepared an in-
                              depth analysis of the impact of large scale dredging on the harbor and its habitats.
                              A predictive computer model of six dredging proposals for Stony Brook Harbor
                              showed that, to a greater or lesser extent, all plans would increase tidal range and
                              reduce tidal velocities. The harbor would lose some ability to flush contaminants
                              out to Smithtown Bay and it would also expose larger areas at low tide, adversely
                              affecting habitats.

                              If limited dredging is to occur, however, it should be scheduled in the later
                              summer and fall to minimize potential impacts on aquatic organisms, and to allow
                              for spoil disposal when wildlife populations are least sensitive. It should be
                              stressed that dredging outside of existing channels would remove intertidal marsh
                              and seriously disrupt habitats. Likewise, filling of the intertidal marsh or altering
                              the surface or subsurface flow of water to the marsh would also be crucial.
                              Unregulated dredge spoil disposal would be extremely detrimental to the habitats
                              of Stony Brook Harbor, however, disposal could be designed to improve habitats
                              for certain species of wildlife.

                              Nesting birds inhabiting Stony Brook Harbor are highly vulnerable to disturbance
                              by humans from mid-April through July. Recreational activities (e.g. boat
                              landing, picnicking, hiking, etc.) in or near bird nesting areas should be
                              minimized during this period through the use of fencing and/or annual posting.

                              Finally, construction and maintenance of shoreline structures, such as docks,
                              piers, bulkheads, or revetments in areas not previously disturbed by development,
                              may have a significant impact on the habitat, by interfering with the flow of water
                              or sediments and by introducing human uses directly into habitats.

                      5.      Fishing and Aquaculture

                              The Nissequogue River and Stony Brook Harbor are used principally for
                              recreational fishing. Due to their shallow depth, commercial finfishing is not
                              feasible. There is limited commercial shellfishing. Recreational anglers fish for
                              bluefish, flounder, fluke, striped bass, weakfish and snapper. These fish run
                              seasonally in the Nissequogue River, Stony Brook Harbor and Smithtown Bay.
                              In Stony Brook Harbor, fishing is done from the shore at the four landings, and
                              from Long Beach, where people surf cast or fish from floating docks and along
                              the shoreline. Small open boats are also used for recreational fishing. In



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                               Nissequogue, surf casting occurs along Short Beach and - the shoreline of
                               Smithtown Bay.

                               Shellfish are found in both the Nissequogue River and Stony Brook Harbor.
                               Oysters, once plentiful in the area, were decimated by overfishing. Baymen and
                               recreational harvesters now concentrate on hard and soft clams. Lobsters are
                               found in the deeper waters of Stony Brook Harbor. Although there are high
                               shellfish populations in the Nissequogue River, the waters have not been certified
                               for harvesting since 1953, due to rising bacterial levels. Stony Brook Harbor was
                               once entirely certified; however, the southern tip of the harbor near Bartlett's
                               Marsh is now closed. In addition, shellfish may not be taken in the general
                               vicinity of the Stony Brook Yacht Club basin between May 15 and October 31.
                               This period coincides with the boating season and suggests that contamination
                               from boats may affect certification. The Stony Brook creek is not certified for
                               shellfishing.

                               One of the biggest threats to shellfishing opportunities in the coastal area is
                               deteriorating water quality. Isolation of the causes of pollution, and an active
                               program to upgrade water quality is critical to bringing the Nissequogue River
                               back and in arresting further degradation of the harbor.

                               An adequate and continuous supply of finfish and shellfish requires protection of
                               the habitats and breeding nursery areas of the river and the harbor. This means
                               protecting the remaining tidal wetlands from dredging, dredge spoil disposal, and
                               excessive sedimentation. Also, dredging proposals which would alter tidal
                               patterns or other activities which would cause changes in salinity would upset the
                               physical balance required for propagation and may introduce new predators.

                               Overfishing has affected the shellfish supply. To increase supplies, the Village
                               of Nissequogue and the Town of Smithtown are cooperating in a mariculture
                               project in Stony Brook Harbor. The project involves rafting of seed clams north
                               of Porpoise Channel adjacent to the mooring area, developing a stock of spawners
                               and transplanting clams from polluted to certified waters for cleansing.

                       6.      Scenic Resources and Important Vistas

                               The Villages of Nissequogue and Head-of-the-Harbor share a tranquilly beautiful
                               setting on the north shore of Long Island. The vistas and views vary from
                               expanses of marshlands at the mouth of the Nissequogue River, to views across
                               Long Island Sound toward Connecticut, to the quiet enclosed beauty of Stony
                               Brook Harbor. While there are no scenic resources of state-wide importance,
                               water and land vistas within the Villages are significant local resources.




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                             NissNuogue Rive

                             The Nissequogue River has been designated as a Scenic and Recreational River,
                             under the NYS Wild, Scenic and Recreational Systems Act (ECL Article 15, Title
                             27). Boundary and resource evaluation studies have been completed. Within the
                             Village, the river is classified as a recreational river.

                             The Nissequogue River, where it borders the Village of Nissequogue offers a
                             complex series of views ranging from isolated shady stretches to broad, quiet
                             estuarine areas to dunes at its confluence with Ung Island Sound. The lower
                             reaches of the Nissequogue River, toward the south end of the Village, are
                             characterized by steep banks, broad floodplains and a high degree of vegetative
                             cover.   The river widens substantially to become a full-fledged estuarine
                             ecosystem. As the river widens, vegetative enclosure of views lessens. Steep
                             slopes continue to occur and large tidal wetland areas predominate at the water's
                             edge. At the mouth of the river, the visual characteristics are complex, with
                             dunes, broad tidal marshes and high escarpments. The entire length of the river
                             corridor in the Village is heavily wooded with few structures visible from the
                             water. The most visible manmade intrusion is the parking area at Short Beach
                             Town Park. The views of the river looking toward the Village are of a highly
                             natural and undisturbed corridor.


                             A more detailed discussion of the visual characteristics of the Nissequogue River
                             corridor has been extracted from the "Nissequogue River Study", prepared by the
                             Town of Smithtown Conservation Advisory Council. The discussion is broken
                             into two segments. Segment A runs from the southern boundary of the Village
                             to James Neck Road. Segment B runs north to the confluence of the river and
                             Smithtown Bay.

                             Segment A

                             The character of this segment is predominantly natural. Several dwellings are
                             visible from the river, however, they do not detract visually. This is due to the
                             fact that they are small objects in the field of view. They act as focal elements
                             and aid in composing a view. The character of the buildings is compatible with
                             their surroundings. The character of the landscaping is also natural, often
                             consisting of virtually no yard or grassed lawns. Most of the homes blend with
                             the natural landscape.

                             The visual quality of the water is not as high as in upstream zones. The water
                             is slightly turbid as one progresses toward the river's mouth. This does not affect
                             the quality of the middle ground and background views, because the clarity of the
                             water is not evident beyond 50 feet. The movement of the water also decreases.



                                                            11-65








                               The water appears still during incoming tides. Due to the meandering channel,
                               the complexity of the edge between land and water is high, adding visual interest.

                               The visual effect of the terrain is evident in this zone. The complex nature of the
                               landforms can be seen from the river. The slope and change in elevation is more
                               noticeable in this segment than in any other. The set back of the slope from the
                               channel is ideal for the most effect from this landform.


                               The diversity of vegetation, particularly the wetland-forest contrast, has a
                               pronounced positive effect on the visual quality. The probability of seeing
                               wildlife is high here because of the low number of human inhabitants.

                               Segment B

                               Expansive water views with low enclosure by terrain or vegetation characterize
                               the broad mouth of the river. The area toward the mouth of the river has the
                               most diverse terrain. Many landform types including escarpments, steep hills,
                               gentle rises, a sand pit and tidal marshes are apparent simultaneously. Changes
                               in elevation are most evident in this area. High overlooks afford panoramas of
                               Long Island Sound and the Nissequogue River at the same time.

                               The vegetation near the river's mouth is also diverse. The contrasting form,
                               color and texture of wetlands, woods, dune plants and pioneer species is visually
                               interesting. The edge of the vegetation against the sky is varied and interesting
                               in this area.


                               The water is fairly clear, although there is some turbidity. Movement is
                               generally low especially at high and low tide. Between tides the current is
                               obvious. Occasional high winds cause white caps in this area. The edge of the
                               water is fairly complex, especially from the overlooks.

                               The Nissequogue River corridor in the Village of Nissequogue is wooded, rural
                               and natural in character. This is due, in part, to the large minimum lot size,
                               regulations on cutting of trees, to@ography, architectural review which emphasizes
                               compatibility with a building's setting, and Village ownership of tidelands.

                               Finalization of the Scenic and Recreational Rivers System designation has
                               strengthened protection of the visual quality of this area.         Strict aesthetic
                               performance standards under Part 666, New York Code of Rules and Regulations,
                               are in force in the river corridor.








                                                               11-66








                              Stony Brook Harbor

                              Stony Brook Harbor is framed on three sides by gentle, wooded slopes, beaches
                              and wetland habitats. The main access to the harbor is through Porpoise Channel
                              which sweeps from east to west, leading to the main body of the harbor. The
                              mouth of the harbor is characterized by tidal flats, wetlands and Youngs Island,
                              a former dredge spoil site. Two marinas, a boat basin, and a 600 car parking lot
                              are the principal man-made uses in this area. Viewed from other parts of the
                              harbor this area is one of highly visible and intensive uses. While the marinas
                              and boat basin create some visual interest and color, the parking lot does detract
                              from the scene.


                              The harbor itself is relatively shallow and is unsuitable for large boats or boats
                              travelling at high speed. Small sailboats, windsurfers and canoes tend to be used
                              in the harbor. They add color and movement to the scene.

                              The views across Stony Brook Harbor from any point on its shoreline are unusual
                              for the tranquility, harmony and a blend of rural landscape background with a
                              foreground of water and wetland marshes, and the unobtrusive, often historic,
                              architecture. The shoreline's irregular edges, marked by wetland vegetation,
                              provide not only rich habitat areas, but also lend an ephemeral quality to the line
                              where the water meets the land. The tidal lands and wetland vegetation unify the
                              shoreline around the harbor.


                              The deciduous woodlands surrounding the harbor offer a sense of enclosure. The
                              trees give a strong vertical contrast to the horizontal plane of the water in the
                              winter, and soften the topography when the leaves are out. The trees screen most
                              of the structures around the harbor and soften the lines of those which are visible.


                              The residences surrounding the harbor, whether historic or more recent, are
                              notable for their sensitive siting. There is a good relationship to topography, as
                              well as subtle coloring, use of materials, and shapes, which makes each
                              contribute to the harmonious character of the harbor.


                              Village Roadways

                              There is an overwhelming feeling of rural seclusion as one drives on the Village
                              streets. In both Villages, roads are winding and tree-shaded. Wooded land on
                              both sides creates a sense of enclosure. There are openings in the vegetation
                              showing views of farm fields, open spaces and garden settings for large historic
                              houses. With the exception of a few historic buildings, in themselves of scenic
                              interest, most structures are set back from the road, allowing the roads to remain
                              more like country lanes than Village streets.



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                D. PUBLIC WATER AND SEWER SERVICE AREA


                There is no public sewer service in either Nissequogue or Head-of-the-Harbor. All development
                occurs on private septic systems which are approved by the Suffolk County Health Department
                prior to use. The Health Department review examines system distance to surface waters and to
                the groundwater table, as well as soil conditions to ensure that the system effectively removes
                pollutants. There is no on-going monitoring of septic system functioning by the Health
                Department. The Department responds to nuisance complaints, most often generated by surface
                overflow.


                There is concern that some septic systems near the river and the harbor a     re not functioning
                efficiently and may be contributing to pollution of these waterbodies. A relatively sophisticated
                monitoring system is needed to evaluate this concern. The Villages are currently working with
                the Marine Sciences Research Center at SUNY - Stony Brook to develop a monitoring program
                for Stony Brook Harbor. In the Nissequogue River, some pollutants may enter the waters from
                malfunctioning systems along the western bank.

                All water in Nissequogue and over 90% of the water in Head-of-the-Harbor is supplied from
                private wells. Small parts of Head-of-the-Harbor on Fifty Acre Road, Rte. 25A adjacent to St.
                James, and the Pond Woods subdivision are serviced by three water districts -- the Suffolk
                County Water Authority, the St. James Water District, and the Stony Brook Water District,
                respectively. According to the Suffolk County Health Department Water Quality Unit, there
                have been no reported instances of bacterial contamination in Village wells, and water quality
                is generally good even for wells tapped into the shallow Upper Glacial Aquifer. Some wells
                close to the shore may have problems with saline intrusion.

                The provision of public water and sewer systems would be an extremely expensive undertaking
                because of the development patterns in the Villages and the terrain. Since government grants
                for the construction of public service facilities are becoming more scarce, the Villages cannot
                count on this assistance. The continued pattern of low density development, combined with use
                of innovative septic systems in situations where higher densities might be warranted, will help
                to ensure that residents of the Villages can continue to rely on individual wells and septic
                systems.

                E.     HIGHWAY, ROADS, AND MASS TRANSPORTATION SERVICES


                The nearest highway to the Villages is North Country Road, State Route 25A, which forms part
                of the southern border of Head-of-the-Harbor. This road is for the most part two-lane. A
                historic district is traveresed between the Presbyterian Church in Smithtown and the Carriage
                House Museums complex in the hamlet of Stony Brook.                                 0

                There is no mass transportation service within the Villages apart from a Town-sponsored bus
                service operating only in the summer season to and from Long Beach, utilizing school buses.
                The buses run from peripheral parking lots located outside of the Villages.


                                                             11-68









              The roads in the Villages are of two kinds: municipal and private. Head-of-the-Harbor
              discourages private roads. Those which exist were built before this policy was adopted.
              Existing private roads may be taken by the municipality if they are offered for dedication and
              are first brought up to Village standards. Nissequogue has followed a different policy, and has
              minimized the extent of Village roads. Municipal standards are required of development roads,
              but their subsequent maintenance is not a Village concern. Maintenance is therefore uneven in
              quality.

              Some roads traversing the Villages receive heavy traffic, primarily those serving Town of
              Smithtown recreational areas in the summertime. Moriches Road, which (with its extensions
              called Horse Race Lane and Boney Lane) traverses both Villages, leads to Short Beach, Long
              Beach, and the Town marinas on the northeastern sand spit of Nissequogue. Summer traffic
              may be very heavy and congestion very great, especially as trailered boats form a significant part
              of weekend traffic. The road over which they are carried is two-lane, in places sharply curving,
              and not suited to wide loads. Long Beach Road connects Moriches Road to the marinas and to
              Long Beach, and suffers the same traffic burden. It was widened in 1982 to accommodate the
              volume of traffic. The Town of Smithtown contributed to the road widening costs, and
              contributes a share to the maintenance of the roads within Nissequogue which serve its beaches.

              The widening of Long Beach Road slightly eased the traffic congestion, and certainly contributed
              to road safety; critics have also pointed out, not inaccurately, that neither the rural atmosphere
              of the Village nor its visual beauty were improved by the removal of trees and the broadening
              of pavement. The congestion of the access to Short Beach remains. Nearly all car traffic, and
              all trailered-boat traffic, crosses Head-of-the-Harbor on its way to the Town beaches, but the
              existence of alternative routes through Head-of-the-Harbor (via Moriches Road and via Fifty
              Acre Road) has made for less acute congestion, especially as traffic on Fifty Acre Road was
              generally light. Recent residential development along Fifty Acre Road may alter the pattern
              in an unfavorable way.





















                                                             11-69










              SUMMARY: ANALYSIS, ISSUES, PROBLEMS, OPPORTUNITIES


              Analysis

              Head-of-the-Harbor and Nissequogue occupy a coastal environment that is unusual, exceptionally
              attractive, and remarkably unspoiled. The Nissequogue River to the west has suffered, and
              continues to suffer, from careless and exploitative use, and its future welfare is threatened by
              conflicting jurisdictions which encumber the process of decision-making; but Stony Brook
              Harbor has enjoyed a long history during which few injuries have been inflicted upon it. Here
              there is not a question of revitalizing a waterfront, but of identifying means of preventing its
              deterioration, and setting forth methods that will be effective, practical, and sufficient.

              The coastal zone occupied by the two Villages has never had economic value in the sense of
              supporting commerce or industry other than a very small commercial shellfishing industry. As
              late as World War II, most of the area was farmed, and the remainder was in moderately large
              estates; there was little new building, and a correspondingly slow population growth. But this
              languid pace of development was not confined to the two small municipalities; the Town of
              Smithtown as a whole was primarily a farming community, with a negligible amount of
              industrial development, and commercial activities confined mostly to providing services --- banks,
              shops, medical and dental and other professional services, and the like. In 1945 the entire Town
              of Smithtown had a population of fewer than 25,000; by 1980 it approached 120,000, and it had
              changed from a lightly-settled semi-rural area to an outlying suburb, though the economic base
              for the expansion of population lies much less in metropolitan New York than in the increasing
              industrialization and commercial development of Suffolk County itself. During the period of
              most rapid growth of the Town, the two Villages grew at a moderate pace; as the growth of
              Smithtown slowed, the Villages increased. This is to say that in the decade between 1970 and
              1980, the population of Smithtown increased by only 1.7%, its explosive expansion having all
              taken place between 1950 and 1970; but between 1970 and 1980, Nissequogue's population
              increased by 30.5 % and Head-of-the-Harbor's by 10 %.

              What this means in applied terms is that two small municipalities, accustomed to a pattern of
              slow growth, began to have growth creep up on them, and in ways that had not been quite
              anticipated. Both Villages early adopted zoning; in both virtually all land was designated as 2-
              acre residential; in each an overall plan sketched in a future of continued rural atmosphere, to
              be encouraged by careful visual siting of new structures --- that is, well back from roads, or
              property lines, so that to the greatest extent possible houses would be, in the future as in the
              past, out of eyeshot of each other, or passersby. How well this has worked is evident from a
              tour through the Villages, which still seem less populated than they are in fact, owing to the
              virtual invisibility of most structures. What was perhaps insufficiently foreseen was the
              disappearance of the kind of building land for which the visual siting regulations were devised:
              gentle wooded slopes which were easy to build upon, and easy to use with slight environmental
              damage or disturbance. By now most of these "easy" sites are used up; much of what remains
              is far more difficult to develop in every way, and not least in terms of minimal environmental
              impact.


                                                             11-71









                Development in the Villages of Head-of-the-Harbor and Nissequogue is confined to residential
                development, but this does not make questions of land use less important, less urgent, or easier
                to answer adequately.       As yet, Stony Brook Harbor has suffered very little from the
                transportation of soil resulting from development --- i.e., erosion into the, harbor from disturbed
                surrounding hillsides; as yet, increased population has not substantially increased chemical
                wastes; as yet, there has not been an incursion upon wetlands beyond the very minor. But there
                is no doubt that unless careful and stringently applied precautionary measures are undertaken in
                the immediate future, degradation is possible: from slope or bluff erosion, from insufficient
                maintenance of the natural hydrologic system, from contamination of surface and groundwaters.
                Control and preventive measures are needed now.

                The foregoing applies to what the Villages can do inside their borders where no jurisdictional
                conflicts exists; but it becomes plain on analysis that much of great importance to the
                preservation of the coastal area does not lie entirely in the hands of the Villages. The ownership
                of underwater lands in the harbor rests in the State. The greater part of the beach land within
                Nissequogue and Stony Brook Harbor, which has very little beach --- is owned by the Town of
                Smithtown. The Town has resisted any kind of control that the Village, or Villages, might try
                to impose: for example, obtaining building permits for structures on the Town-owned land. It
                undertakes the licensing of shellfishing without consideration of Village interests. To litigate
                such matters has always seemed, to the Villages, an unaffordable extravagance and indeed,
                counter-productive; mutually beneficial cooperative agreements should be possible on all disputed
                points. Clearly it is an integral part of the Villages' approach to coastal management that such
                agreements should be negotiated for, reached, and honored. The goal of establishing a program
                of preservation and conservation for Stony Brook Harbor and its remarkable irreplaceable natural
                resources is sought by the Villages because it will provide a framework, a set of criteria, a strict
                guide, within which cooperative actions between the Town and Villages can be achieved.

                imo

                Some issues have been touched upon in the foregoing. Still another issue is the extent to which
                the coastal resources, in particular Stony Brook Harbor, should be devoted to or developed for
                recreational purposes.

                The pressures for expanded water-related recreational facilities exist within the Town. Political
                pressures can be brought to bear upon members of the Town government to increase recreational
                facilities which may be detrimental to environmental resources; needless to say, the small
                population of the two Villages provides them with little pressure-generating power. It ought to
                be noted that the Villages already provide an extraordinary level of access to recreation for
                Town residents. In Nissequogue 17.2% of land area, and in Head-of-the-Harbor 8.8%, is given
                over to recreational use. Less than 6% of the total of 26% is private in use; one-fifth, therefore,
                of the area of the Villages is devoted to public recreation. This is a figure appropriate for a
                resort town, but it is very uncommon for two Villages in which recreational uses provide no
                economic base, and are entirely supported by public funds. It cannot be argued that anything
                accrues to the Villages from this level of recreational use; if anything, there is an economic
                cost.



                                                               11-72








                 But this is perhaps the least of the cost. There is no way in which the recreational use of Stony
                 Brook Harbor can be expanded without inflicting grave damage and possible destruction from
                 the environmental resources unless the expansion is extremely selective and strictly limited.
                 Expansion of Cordwood Path Beach in any direction would destroy either a freshwater wetland,
                 a tidal wetland area, or both. Expansion of the marina or encouragement of the use of the
                 harbor by boats travelling at a speed beyond 5 miles per hour, or dredging channels to
                 accommodate large or deep-draft craft will risk degradation of water quality (already indicating
                 stress) or will disturb valuable habitats, or may seriously contribute to siltation which destroys
                 marshland, shellfisheries and juvenile marine organisms. One cannot, in fact, have limitless
                 recreational use of such a highly sensitive environment without destroying it. Limitations of use
                 should be imposed entirely upon a basis of what is good for the environment, which will not
                 long survive, and its loss will be borne not only by the people of the Villages, but by the people
                 of the Town, the County and the State of New York as well. Other issues stem from this one,
                 but presumably most of them will fall into place once the fundamental decision is made; namely,
                 that no action and no use should precede a determination of its adverse impact on coastal
                 resources.


                 A second category of issues surrounds land use determinations within the Villages, where
                 pressures to develop vacant lands increase as the supply diminishes and. the prices rise. It has
                 already been observed that nearly all "good" land --- easy to develop, and of a kind which may
                 be developed with mild environmental impact--has already been built upon. A proportion of
                 what remains should not be built upon at all, as a greater percentage of remaining lands demand
                 development constraints, some of which are severe. The price of land in the area has risen to


                          The cost has never been exactly calculated; it may not be worth calculating. However, Village property
                          owners do pay their share of taxes to the Town for support of the facilities, and further, pay substantially
                          for the maintenance and repair of the roads which carry, during the summer season, an inordinate
                          amount of traffic. The Town contributes to road costs in Nissequogue, but not in Head-of-the-Harbor.
                          It is questionable whether the contribution leaves Nissequogue paying no more than it would if there were
                          no seasonal beach traffic, or merely alleviates the burden imposed. In any event, the Villages cannot be
                          thought of as denying public access to recreational facilities. But this is perhaps the least of the cost.
                          There is no way in which the recreational use of Stony Brook Harbor can be expanded without inflicting
                          grave damage and possible destruction upon the environmental resources unless the expansion is extremely
                          selective and strictly limited. Expansion of Cordwood Path Beach in any direction would destroy either
                          a freshwater wetland, a tidal wetland area, or both. Expansion of the marina or encouragement of the
                          use of the harbor by boats traveling at a speed beyond 5 miles an hour, or dredging channels to
                          accommodate large or deep-draft craft will risk degradation of water quality (already indicating stress)
                          or will disturb valuable habitats, or may seriously contribute to siltation which destroys marshland,
                          shellfisheries and juvenile marine organisms. One cannot, in fact, have limitless recreational use of such
                          ï¿½ highly sensitive environment without destroying it. Limitations of use should be imposed entirely upon
                          ï¿½ basis of what is good for the environment which will not long survive, and its loss will be borne not only
                          by the people of the Villages, but by the people of the Town, the County and of the State of New York
                          as well. Other issues stem from this one, but presumably most of them will fall into place once the
                          fundamental decision is made: namely, that no action and no use should precede a determination of its
                          adverse impact on coastal resources.






                                                                         11-73








                such levels that the pressure to develop is extreme, and the possibility of preventing development
                by municipal exercise of eminent domain, or acquisition of development rights to farmland, is
                increasingly remote. It is a very real issue in villages such as Head-of-the-Harbor and
                Nissequogue whether severed develop-mental restraints can be effectively applied. What is at
                issue will be, in some instances, the right of a landowner to use his property as he sees fit,
                subject only to common-law restrictions, versus the constraints imposed by a municipality in the
                general interest --- a general interest that some will surely argue as remote, considering that
                immediate demonstrated harm to any real, living and present individual or individuals may be
                difficult to prove.

                It is the aim, the intention, and the hope of Head-of-the-Harbor and Nissequogue that their Local
                Waterfront Program for the preservation and conservation of precious environmental resources
                will be recognized as a suitable basis for some necessary constraints upon development, and that
                not only their zoning, but their other land-use regulations, will merge with a coastal management
                program, as essential methods and techniques for achieving that development which is possible
                without environmental harm.


                Problems and Q1212grtunities

                Problems are predictable from the foregoing. Problems exist in reconciling Village interests and
                Town interests; problems exist in adjusting private and individual interests to public and general
                interests. These are fundamental problems; they are more difficult to solve than subsidiary ones.
                But they also offer a very rare opportunity for fundamental solutions.

                Working out conflicts in Village-Town interests provides an opportunity for a first-time
                exploration of possibilities for effective cooperation. In the past, cooperation has been poor to
                non-existent in almost all areas, and has reflected, more than anything else, relative positions
                of political power. If the Town and the joined Villages, however, were each to be pursuing a
                coastal management program, an equality irrespective of political power would require Town
                consideration of Village, interests, and accommodation rather than overriding could provide a
                genuine basis for identifying common problems and working on their solutions cooperatively.
                For example, joint efforts in improving shellfish production in Stony Brook Harbor might form
                a first cooperative project existing within the outlines of both Smithtown's Local Waterfront
                Program and that the of Villages. The Villages initiated a study conducted by the Marine
                Sciences Research Center at SUNY-Stony Brook centering on the hydrological mechanics of
                Stony Brook Harbor; one of the uses to which the study might be put in a practical application
                is shellfish production. The study provides a mathematical model of the harbor on the basis of
                which predictions are available concerning siltation, pollutant dispersal direction and dispersal
                rates, and many other questions of great significance in the management of the harbor
                environment and ecology; it should make available a guide to action for both the Town and
                Villages in undertakings of interest to both by giving a factual basis for decision-making. From
                relatively limited mutual efforts Village-Town cooperation might expand, still within the
                framework of coastal management, while useless and sometimes damaging conflicts which are
                ultimately to the interest of neither are minimized or eliminated.



                                                              11-74








              In a similar way, opportunities exist within the coastal management program for bringing private
              and public interests into more harmonious relations. If it does nothing else, an inventory of
              resources--and all Village resources are waterfront resources --- brings the extremely complex
              relationship of the many parts to each other and to the whole into focus. In the Villages, it
              might be said that land and water is all there is, and that the future depends entirely upon the
              wise use of each.


              In spite of generally cautious land use policies on the part of the two Villages, it is clear that the
              time has come for still greater caution. Groundwater and surface water must be protected from
              contaminants to the greatest extent possible. Storm-water runoff must be reduced and recharged
              as close to the source as possible, runoff into and from swales must be controlled, and sediment
              traps must be employed where stormwater cannot be recharged on site: these steps are
              necessary to maintain water quantity and quality. Its quality must be protected by minimizing
              lawn areas which require heavy use of fertilizers and insecticides, and by exploring possibilities
              of adding to County Department of Health requirements any useful additional Village
              requirements for the construction of septic systems. Potential flood or erosion areas must be
              afforded additional attention in Village regulations: withdrawing from development all land in
              the 100-year flood plain must be considered, and building should be forbidden where the depth
              to the seasonal high water table is less than 3 feet. Undertaking such protective land-use
              regulations will, in due course, extend further protection to wetlands by preventing sedimentation
              from the land side and nutrient loading. Such considerations as these, and there are many
              others, will limit and inhibit development. Very often private interest can see no further than
              this; but certainly an opportunity exists within the framework of coastal management to
              accompany regulation with a serious program of public education, with the aim of making clear
              the need to harmonize, and if necessary to limit, present desires with the general future welfare.

              The Villages have never undertaken educational programs of this nature: none has ever before
              been needed in communities of such small size and so few seriously competing interests. But
              it has become increasingly clear, especially in the last five years, that the concept of the two
              Villages as essentially rural areas has been very considerably eroded. Suburbanization has
              approached, which means more than an increase in population, new building, and greater
              demands upon resources. People who have not encountered these resources before should be
              introduced to keeping these blessings--clean air, clean water, a wonderful range of wildlife, a
              rich historic heritage, much quiet and serene visual beauty--and be introduced as well to the
              costs attached to keeping these blessings intact. In the long run there may be no way of
              ensuring the preservation of these values except by arousing the interest and the affection of
              many. For that attempt an expansive opportunity exists, and upon using it wisely and effectively
              rests not only the future of coastal management in the Villages, but the future of a small glacier-
              born peninsula and a small natural harbor as well.

              It is clear from the foregoing pages that the existing waterfront conditions in the Villages of
              Head-of-the-Harbor and Nissequogue provide several present problems, and the immediate
              potential for ones which may prove disastrous if not wisely and rapidly confronted. It is for the
              purpose of confronting these problems, meeting them, preventing deterioration in the waterfront
              conditions, and restoring damage before it becomes severe, that the Villages have joined together
              to plan and implement this Local Waterfront Revitalization Program.



                                                               11-75







   0






















                                   SECTION III



   0                   WATERFRONT REVITALIZATION PROGRAM

                                    POLICIES

























   0










              SECTION III: WATERFRONT REVITALIZATION PROGRAM POLICIES


              The Local Waterfront Revitalization Program for the Villages of Head-of-the-Harbor and
              Nissequogue addresses local conditions and needs within the context of consistency with the State
              program.

              In the following section, New York State Policies are indicated, and are numbered from I
              through 44. Where a State policy is directly applicable to local conditions, no additional policy
              is indicated; particular local application of the State policy may be indicated, however, under
              Explanation of Policy. Where a State policy is not directly applicable to local conditions, and
              an additional policy has been formulated, this policy is numbered to conform with the State
              policy. Inapplicable State policies have been so indicated.

              DEVELOPMENT POLICIES


              POLICY 1              RESTORE, REVITALIZE, AND REDEVELOP DETERIORATED
                                    AND UNDER-UTILIZED WATERFRONT AREAS FOR COMMER-
                                    CIAL AND INDUSTRIAL, CULTURAL, RECREATIONAL, AND
                                    OTHER COMIPATIBLE USES.



              Explanation of Why Policy Is Not Applicable

              This policy is not applicable to the Villages of Nissequogue and Head-of-the-Harbor. As shown
              in the Inventory and Analysis, the Villages' waterfront on Stony Brook Harbor and on the
              Nissequogue River is an environmentally sensitive area characterized by open space, low
              density residential uses and recreational uses. Neither structures nor properties within the
              waterfront area are classified as deteriorated, underutilized or abandoned. In addition, future
              land use opportunities are confined to open space and low density residential uses by the local
              zoning ordinances. Land uses permitted in the coastal area of the Villages are those which are
              described in Part IV of this document. Part IV shall be adhered to in all consistency decisions.

              POLICY 2              FACILITATE THE SITING OF WATER-DEPENDENT USES AND
                                    FACILITIES ON OR ADJACENT TO COASTAL WATERS.


              POLICY 2A             WATER-DEPENDENT USES ON AND ADJACENT TO STONY
                                    BROOK HARBOR SHALL BE COM[PATIBLE WITH THE
                                    CONSERVATION AND PRESERVATION OF STONY BROOK
                                    HARBOR AS AN UNSPOILED EMEBAYMIENT AND HABITAT
                                    AREA.








                                                            111-3





                                                                                         I





                POLICY 2B             WATER-DEPENDENT USES ON THE NISSEQUOGUE RIVER
                                      SHALL BE COMPATIBLE WITH THE CONSERVATION AND
                                      PRESERVATION OF THE NISSEQUOGUE RIVER AS AN
                                      IMPORTANT ESTUARINE SYSTEM AND A SCENIC AND
                                      RECREATIONAL RIVER.



                Explanation of Polia

                Stony Brook Harbo : The confined area, poor flushing ability and shallow depth of Stony Brook
                Harbor limit the types of uses and the intensity of use appropriate to maintaining a good
                environmental balance.


                The chief water-dependent uses of the harbor are recreational. Extensive facilities are owned,
                operated and maintained by the Town of Smithtown along Long Beach at the northern end of
                the harbor. The Long Beach facilities, sited on both the northern and southern shores of the spit
                include two beaches, a large picnic area, a 167 slip marina, a mooring basin for 110 boats, and
                two boat ramps. In addition, the Smithtown Bay Yacht Club, a private marina is located near
                the Town's Long Beach park facilities. A third small Town beach, Cordwood Path Beach, is
                located at the boundary between the Villages of Head-of-the-Harbor and Nissequogue on the
                western shore of the harbor.


                Recreational facilities belonging to the Village of Nissequogue are also located on Long Beach,
                in the form of a Village park and wildlife protection area, which includes a sanctuary for nesting
                waterbirds and prime breeding ground for herons.

                Another water-dependent recreational use occurring in the harbor is a limited amount of small-
                scale fishing and shellfishing not involving the use of large boats or mechanical equipment for
                harvesting. Waterfowl hunting is also a water-dependent use within the harbor.

                The following water-dependent uses are compatible with the environmental limitations and the
                scenic qualities of Stony Brook Harbor:

                       1)      existing (as of May, 1986) municipal active recreation areas and support facilities
                               at Long Beach and Cordwood Path Beach;

                       2)      existing (as of May, 1986) mooring basin and public and private marinas on
                               Porpoise Channel; existing pumpout facilities will be maintained at these
                               facilities;

                       3)      passive recreation, as nature study in bird and wildlife preserves;

                       4)      mariculture programs;



                                                              111-4








                     5)      recreational fishing and commercial and recreational shellfishing provided that no
                             mechanical means of harvesting are used;

                     6)      small boat sailing.

                     7)      Private docks are permitted if constructed and maintained in keeping with the
                             following standards:

                             a.      docks shall be designed to reduce obstacles to navigation and public use
                                     of the waters;

                             b.      docks shall be constructed so they do not interfere with the movement of
                                     water within the harbor or with the functioning of the harbor as a habitat;

                             C.      new, expanded or reconstructed docks shall be constructed in a location
                                     and in a manner which avoids the necessity for dredging, and in no way
                                     interferes with navigability;

                             d.      docks shall provide a minimum clearance of four (4) feet above the soil
                                     surface of the marsh in vegetated intertidal areas;

                             e.      cooperative use of docks by neighboring landowners shall be encouraged
                                     and facilitated as a means of reducing the number of visual intrusions into
                                     the harbor and mitigating the adverse effects on habitats;

                             f.      access to a dock shall not disrupt a tidal wetland or marsh unless there is
                                     no practicable alternative; if access must be gained by traversing a tidal
                                     wetland or marsh, the access shall be constructed in the least damaging
                                     location and manner;

                             9-      pressure-treated wood is preferred for constructing of docks; creosote or
                                     other similar applied preservatives shall not be permitted.

                             (See Policies 7,8,9,21,44)

              The existing level of water-dependent active recreational development imposes some stress upon
              the environment in terms of habitat disruption, increased erosion and siltation and pollution of
              the poorly flushed Harbor waters in Stony Brook Harbor. Further development or expansion
              of existing recreational facilities should be undertaken only if a negligible impact to the
              environment, scenic qualities and traffic can be demonstrated.

              As Map 7A and 7B in the Inventory shows, the immediate harbor shoreline of the Villages is
              composed primarily of tidal wetlands and prime wildlife areas. Consequently, the opportunity
              to create additional water-dependent recreation facilities is limited around Stony Brook Harbor.


                                                             111-5









               The creation of new active water-dependent uses within or on the shore of Stony Brook Harbor
               is inconsistent with the preservation of this rich habitat area, maintenance of water quality,
               retention of scenic resources, and local land use regulations.

               The enhancement of existing water-dependent recreational resources through installation,
               maintenance and use of pumpout facilities, landscaping, retention of stormwater runoff, and
               promotion of public transportation to reduce traffic impacts is encouraged. However, due to the
               fragile nature of the harbor, expansion of publicly-owned active recreational facilities is
               discouraged and creation of new private active recreational facilities is prohibited.

               The NissgquoRue River: The Nissequogue River is bounded by the Village of Nissequogue and
               the Town of Smithtown. The River is a significant estuarine habitat, and has been designated
               as a Scenic and Recreational River pursuant to the NYS Wild, Scenic and Recreational Rivers
               System Act (Article 15-Title 27 of the ECL). Within the Village of Nissequogue, the primary
               water dependent use is active and passive recreation. The Nature Conservancy owns a six acre
               parcel along the river which offers passive recreational enjoyment of the river, including
               birdwatching, nature study and walking. The Town of Smithtown operates a beach, a
               campground and a nature preserve at Short Beach, a peninsula stretching into the mouth of the
               Nissequogue River at its confluence with Long Island Sound. Short Beach also contains a
               significant least tern and piping plover colony.

               Due to the significance of the estuarine environment and in keeping with the goals of scenic
               protection, the Village will permit the following water dependent uses to be located along the
               riverbank:


                       1)     private docks, according to the standards outlined above for docks in. Stony Brook
                              Harbor;

                       2)     mariculture programs;

                       3)     fishing and shellfishing provided no mechanical devices for harvesting are used;

                       4)     public and private nature preserves;

                       5)     existing Town of Smithtown recreational facilities and support facilities.

               POLICY 3               FURTHER DEVELOP THE STATE'S MAJOR PORTS OF
                                      ALBANY, BUFFALO, NEW YORK, OGDENSBURG, AND
                                      OSWEGO AS CENTERS OF COMMERCE AND INDUSTRY, AND
                                      ENCOURAGE THE SITING IN THESE PORT AREAS,
                                      INCLUDING THOSE UNDER THE JURISDICTION OF STATE
                                      PUBLIC AUTHORITIES, OF LAND USE AND DEVELOPMENT
                                      WHICH IS ESSENTIAL TO OR IN SUPPORT OF THE
                                      WATERBORNE TRANSPORTATION OF CARGO AND PEOPLE.


                                                             111-6









              Explanation of Why Policy Is Not Applicable

              No major port is located within or near the coastal area of the Villages of Head-of-the-Harbor
              and Nissequogue.

              POLICY 4               STRENGTHEN THE ECONOMIC BASE OF SMALLER HARBOR
                                     AREAS BY ENCOURAGING THE DEVELOPMENT AND
                                     ENHANCEMENT OF THOSE TRADITIONAL USES AND
                                     ACTIVITIES WHICH HAVE PROVIDED SUCH AREAS WITH
                                     THEIR UNIQUE MARITIME IDENTITY.

              Explanation of Why Policy Is Not Applicable

              Unlike the small harbors of Port Jefferson, Greenport and Freeport, Stony Brook Harbor exhibits
              none of the mixed marine uses which are characteristic of traditional and historic harbors. In
              the mid-19th Century, Stony Brook Harbor reverted from a minor sailing ship building and
              transshipment area to its original non-commercial status. Since the harbors' development had
              been only slight before changes in the transportation of goods rendered its activities obsolete,
              its natural setting was little altered. Consequently, the harbor does not meet the intent of this
              policy.

              POLICY 5               ENCOURAGE THE LOCATION OF DEVELOPMENT IN AREAS
                                     WHERE PUBLIC SERVICES OR FACILITIES ESSENTIAL TO
                                     SUCH DEVELOPMENT ARE ADEQUATE, EXCEPT WHERE
                                     SUCH DEVELOPMENT HAS SPECIAL FUNCTIONAL REQUIRF,
                                     MENTS OR OTHER CHARACTERISTICS WHICH NECESSITATE
                                     ITS LOCATION IN OTHER COASTAL AREAS.


              Explanation of Policy

              The Villages of Nissequogue and Head-of-the-Harbor traditionally have been low-density
              residential areas without commercial activities. The present generally-existing development
              pattern is of two-acre residential lots with structures set back from the road; this is supported
              by the zoning laws of both Villages. The low density pattern is not only traditional, it is
              necessitated by a lack of adequate infrastructure, including public sewerage, water supply, and
              collector roads. Soil conditions will not support more intensive placement of septic systems.
              In areas where depth to the seasonal high water table is less than three (3) feet, septic systems
              should not be permitted due to the high probability of failure. Spoil sites and wetlands along
              Stony Brook Harbor and the Nissequogue River are areas which shall not be developed because
              they provide significant habitat and flood control benefits and mitigate surface water and non-
              point source pollution.






                                                            111-7








                Since there are no public sewers, and only a limited area of Head-of-the Harbor served by public
                water, development will be directed to areas where topography, geology and other environmental
                conditions are suitable for and able to accommodate development.

                In addition, proposals for development involving six (6) or more acres shall include a habitat
                management plan for the planting and subsequent maintenance of indigenous vegetation.
                Vegetation selection shall give particular attention to the relationship of species to each other and
                to the surrounding plant community, to the quality of the soil, and to the invertebrate and
                vertebrate populations associated with and dependent upon the proposed plants. The objective
                of the habitat management plan is to maintain, reinforce and increase the diversity and stability
                of plant and animal populations that are characteristic of the area throughout the site and
                particularly within setbacks.

                In order to reduce the potential for degradation of surface and groundwater through
                malfunctioning septic systems, the slumping and erosion of steep slopes and bluffs, and the loss
                of habitat, all development will occur following the standards outlined in Policies
                2,7,11,12,13,14,17,26,32,33 and 44.



                POLICY 6               EXPEDITE PERMIT PROCEDURES IN ORDER TO FACILITATE
                                       THE SITING OF DEVELOPMENT ACTIVITIES AT SUITABLE
                                       LOCATIONS.


                Explanation of Policy

                For specific types of development activities and in areas suitable for such development, State
                agencies and Village governments will make every effort to coordinate and synchronize existing
                permit procedures and regulatory programs, with the Local Waterfront Revitalization Program,
                as long as the integrity of the regulations' objectives is not jeopardized. These procedures and
                programs will be coordinated within each agency. Also, efforts will be made to ensure that each
                agency's procedures and programs are synchronized with other agencies' procedures at each
                level of government. Finally, regulatory programs and procedures will be synchronized between
                levels of government, and if necessary, legislative and/or programmatic changes will be
                recommended.

                When proposing new regulations, an agency will determine the feasibility of incorporating the
                regulations within existing procedures, if this reduces the burd6 on a particular type of
                development, and will not jeopardize the integrity of the regulations' objective.


                FISH AND WILDLIFE POLICIES


                POLICY 7               SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS AS
                                       IDENTIFIED ON THE COASTAL AREA MAP, SHALL BE


                                                                111-8









                                    PROTECTED, PRESERVED, AND, WHERE PRACTICAL,
                                    RESTORED SO AS TO MAINTAIN THEIR VIABILITY AS
                                    HABITATS.


              POLICY 7A             STONY BROOK HARBOR AND WEST MEADOW ARE COASTAL
                                    FISH AND WILDLIFE HABITATS OF STATEWIDE AND LOCAL
                                    SIGNIFICANCE AND SHALL BE PROTECTED, PRESERVED
                                    AND, WHERE PRACTICAL, RESTORED SO AS TO MAINTAIN
                                    THEIR VIABILITY AS HABITATS.


              POLICY 7B             THE NISSEQUOGUE RIVER IS A COASTAL FISH AND
                                    WILDLIFE HABITAT OF STATEWIDE AND LOCAL
                                    SIGNIFICANCE AND SHALL BE PROTECTED, PRESERVED,
                                    AND WHERE PRACTICAL, RESTORED SO AS TO MAINTAIN
                                    ITS VIABILITY AS A HABITAT.


              POLICY 7C             THE NISSEQUOGUE INLET BEACH IS A COASTAL FISH AND
                                    WILDLIFE HABITAT OF STATEWIDE AND LOCAL
                                    SIGNIFICANCE AND SHALL BE PROTECTED, PRESERVED AND
                                    WHERE PRACTICAL RESTORED SO AS TO MAINTAIN ITS
                                    VIABILITY AS A HABITAT.


              POLICY 7D             IF, FOR SOME OVERRIDING REGIONAL PUBLIC PURPOSE, IT
                                    IS NECESSARY TO REDUCE, ELIMINATE OR PERMANENTLY
                                    DISRUPT A HABITAT WITHIN SHORT BEACH, THE
                                    NISSEQUOGUE RIVER OR STONY BROOK HARBOR BECAUSE
                                    NO ALTERNATIVES EXIST, THE HABITAT AREA LOST SHALL
                                    BE OFFSET BY THE RECLAMATION OF DEGRADED AREAS OR
                                    THE CREATION OF NEW HABITAT AT A RATIO OF 2:1.


              Explanation of Policy

              Stony Brook Harbor is a relatively shallow bay bounded by the two Villages. The northern
              shore of the harbor is formed by the Long Beach peninsula, a Town Park and two marinas; other
              sides are characterized by low density residential development and woodlands.

              The harbor and West Meadow comprise one of the largest and most diverse coastal wetlands
              ecosystems on the north shore of Long Island. Threatened and endangered waterbirds nest at
              various locations around the harbor. It is also an important wintering area. The bay and creeks
              leading into it are productive fish and shellfish nursery and feeding areas.

              The Nissequogue River forms the western boundary of the Village of Nissequogue. Jurisdiction
              below the mean high water line is held by the Town of Smithtown. The habitat encompasses
              the tidal portion of the river, which contains mud flats, salt marshes, and freshwater wetlands,


                                                            111-9









                bordered by undeveloped woodlands, a Town beach and preserve, and low density residential
                development in the Village of Nissequogue. The Kings Park Psychiatric Center, and medium
                density residential development are found on the west bank in the Town of Smithtown. The
                Nissequogue River contains one of the largest coastal wetlands areas on the north shore of Long
                Island, and is important to a great diversity of fish and threatened and endangered wildlife
                species throughout the year. The river is also the only sea-run fishery tributary for brown trout
                to Long Island Sound.

                The Nissequogue inlet beaches are sand peninsulas located at the mouth of the Nissequogue
                River. Short Beach Town Park is located on the eastern peninsula at the mouth of the
                Nissequogue River, within the Village of Nissequogue. Its undeveloped nature in close
                proximity to an inlet is generally rare on the north shore of Long Island. Despite heavy
                recreational use, Short Beach is a least tern nesting area of statewide significance. It is likely
                that the tem colonies moved to this area from Sunken Meadown State Park, to the west, because
                of significant human disturbance.

                The Inventory and Analysis gives a detailed description of the three habitats and the species
                inhabiting each. Refer also to Maps 8A and 8B.

                In order to protect and preserve these locally significant habitats, actions shall not be undertaken
                which would destroy or significantly impair the viability of any area as a habitat. The range of
                actions or classes of activities which have the potential to destroy or significantly impair fish and
                wildlife habitats in the Nissequogue River, Short Beach and Stony Brook Harbor areas include,
                but are not limited to, the following:

                        1)     Any activity that would substanfially degrade the water quality in the Nissequogue
                               River and Stony Brook Harbor or which could adversely affect the biological
                               productivity and viability of these areas.

                       2)      Introduction of water-born pollutants into the Nissequogue River or Stony Brook
                               Harbor such as chemical contaminants (affecting food chain effects),
                               petrochemicals, excessive turbidity or sedimentation, sewage discharges, solid
                               wastes, toxic materials and landfill leachates. All species of fish and wildlife may
                               be affected by these pollutants. Water quality will be improved to permit
                               shellfishing, specifically by reducing sewage discharges from upland sources and
                               from      recreational boats in the river and the harbor.              (See Policies
                               8,30,33,34,35,36,37,40)

                        3)     Alteration of tidal patterns by dredging or other means in the Nissequogue River
                               and in Stony Brook Harbor which may have major impacts on fish and wildlife
                               populations present. Although not within thejurisdiction of the Villages, projects
                               should be designed to be compatible with existing tidal patterns or to cause
                               minimal alteration of tidal flow. (See Policy 35)



                                                               III-10








                      4)      Although not within the jurisdiction of the Villages, dredging to maintain existing
                              boat channels should be minimized and should be undertaken only if the impact
                              on the environment is minimal. Within Stony Brook Harbor any dredging should
                              be scheduled in late summer and fall to minimize potential impacts on aquatic
                              organisms and to allow for spoil disposal when wildlife populations are least
                              sensitive to disturbance. Dredging in the Nissequogue River should be scheduled
                              for late fall or winter to avoid disrupting habitats and to allow for sensitive spoil
                              disposal. (See Policies 15,35)

                      5)      Dredge spoil disposal methods shall, when practical, maintain or improve the
                              habitat areas. (See Policies 10,15,18,22,35,44)

                      6)      Excavation, filling or draining of salt marshes, tidal wetlands, tidal flats or
                              beaches in Stony Brook Harbor and in the Nissequogue River will result in a
                              direct loss of valuable habitat and are prohibited. In cases where no alternative
                              is present and an overriding regional public purpose makes it necessary to
                              excavate, fill or drain part of a habitat area, the acreage and habitat qualities of
                              the lost habitat area shall be replaced by reclamation of a degraded habitat or
                              creation of new habitat at a ratio of 2:1 (See Policy 44)

                      7)      Nesting birds inhabiting Stony Brook Harbor, the Nissequogue River and Short
                              Beach are highly vulnerable to disturbance by humans.             On Short Beach,
                              significant pedestrian traffic or recreational vehicle use of the uppermost beach
                              and spoil area could eliminate nesting colonies. Recreational activities in or near
                              bird nesting areas shall be minimized from mid-April through early September,
                              through the use of fencing and/or annual posting. (See Policies 9,,22)

                      8)      Nesting terrapins on the sandy shorelines of the Nissequogue River and the inlet
                              beaches are especially vulnerable to disturbance by humans from mid-April
                              through early September. Significant pedestrian traffic, vehicular traffic or boat
                              landings could eliminate the terrapin colonies in these areas. (See Policies 9,22)

                      9)      Physical alteration of shore areas through channelization or construction and
                              maintenance of shoreline structures, such as docks, piers, bulkheads, or
                              revetments, in areas not previously disturbed by development (i.e., salt marsh,
                              tidal flats or mudflats), may have a significant impact on fish and wildlife
                              resources by changing the volume and rate of flow of water, increasing scouring
                              or causing sedimentation. These activities shall be designed to minimize negative
                              impacts. Introduction of structures, other than docks and piers, into undisturbed
                              areas shall occur only where necessary to prevent loss of life or substantial
                              damage to existing structures.








                         10)    CIear-cutting and removal of ground cover increases the amount of surface water
                                runoff, soil erosion and sediment deposition which can adversely effect wetlands
                                and water quality. Within the principal drainage ways of the watersheds
                                emptying into the Nissequogue River and Stony Brook Harbor clear-cutting or
                                removal of groundcover which leaves bare soil exposed for any reason without
                                appropriate stabilization and erosion control measures shall not be permitted.
                                (See Policies 14 and 37)

                         11)    Uncontrolled grading of land results in vegetation removal, increased surface
                                runoff and/or soil erosion, and downstream sedimentation.                Grading and
                                regrading shall only occur in compliance with an approved grading plan which
                                contains suitable erosion prevention, stabilization and revegetation measures.

                                (See Policies 14 and 37)

                The range of physical, biological and chemical parameters which should be considered include,
                but are not limited to, the following:

                                a.      physical parameters such as: living space, circulation, flushing rates, tidal
                                        amplitude, turbidity, water temperature, depth (loss of littoral zone),
                                        morphology,      substrate type,      vegetation    structure,   erosion and
                                        sedimentation rates;

                                b.      biological parameters such as:          community structure, food chain
                                        relationships, species diversity, predator/prey relationships, population
                                        size, mortality rates, reproductive rates, behavioral patterns, and
                                        migratory patterns;

                                C.      chemical parameters such as: dissolved oxygen, carbon dioxide, pH,
                                        dissolved solids, nutrients, organics, salinity, pollutants (heavy metals,
                                        toxic and hazardous materials).

                When a proposed action is likely to alter any of the biological, physical or chemical parameters
                described above beyond the tolerance range of the organisms occupying the habitat, the viability
                of that habitat has been significantly impaired or destroyed.             Such action, therefore, is
                inconsistent with this policy.

                POLICY 8                PROTECT FISH AND WILDLIFE RESOURCES IN THE COASTAL
                                        AREA FROM THE INTRODUCTION OF HAZARDOUS WASTES
                                        AND OTHER POLLUTANTS WHICH BIOACCUMULATE IN THE
                                        FOOD CHAIN, OR WHICH CAUSE SIGNIFICANT SUBLETHAL
                                        OR LETHAL EFFECTS ON THOSE RESOURCES.





                                                                 111-12









               Explanation of Policy

               Hazardous wastes are unwanted by-products of manufacturing processes and are generally
               characterized as being flammable, corrosive, reactive or toxic. More specifically, hazardous
               waste is defined in the Environmental Conservation Law Q27-0901 (3)) as "waste or
               combination of wastes which because of its quantity, concentration, or physical, chemical or
               infectious characteristics may: (1) cause, or significantly contribute to, an increase in mortality
               or an increase in serious irreversible illness; or (2) pose a substantial present or potential hazard
               to human health or the environment when improperly treated, sorted, transported, disposed or
               otherwise managed." Hazardous wastes are identified in regulations adopted by DEC (See 6
               NYCRR Part 371).

               The handling, storage, transport, treatment and disposal of the identified hazardous materials are
               being strictly regulated in New York State to prevent their entry or introduction into the State's
               air, land, and waters. Such controls could effectively minimize possible contamination of and
               bio-accumulation in wildlife resources at levels that cause mortality or create physiological and
               behavioral disorders.


               Other pollutants are those conventional wastes, generated from point and non-point sources, and
               not identified as hazardous wastes, but controlled through other State Laws.

               (See Policies 33,34-,36,37,39,40)

               POLICY 9               EXPAND RECREATIONAL USE OF FISH AND WILDLIFE
                                      RESOURCES IN COASTAL AREAS BY INCREASING ACCESS TO
                                      EXISTING RESOURCES, SUPPLEMENTING EXISTING STOCK,
                                      AND DEVELOPING NEW RESOURCES. SUCH EFFORTS SHALL
                                      BE MADE IN A NLANNER WHICH ENSURES THE PROTECTION
                                      OF RENEWABLE FISH AND WILDLIFE RESOURCES, AND
                                      CONSIDERS OTHER ACTIVITIES DEPENDENT UPON THEM.


               POLICY 9A              INVESTIGATE AND ENCOURAGE ALL PRACTICABLE MEANS
                                      OF REPLENISHING THE SUPPLY OF SHELLFISH FOR RECREA-
                                      TIONAL AND SMALL-SCALE COMAMRCIAL HARVESTING.


               Explanation of Policy

               Recreational uses of coastal fish and wildlife resources in the Villages of Nissequogue and Head-
               of-the-Harbor include non-consumptive uses such as wildlife photography, birdwatching and
               nature study, and consumptive uses such as hunting, fishing, and trapping.

               Opportunities for small-scale shellfishing must be improved through cooperative management
               of shellfish resources and continued investigation of means of replenishing stocks.
      0                                                       111-13









                Any efforts to increase recreational use of these resources will be made in a manner which
                ensures the protection of fish and wildlife resources in marine and freshwater coastal areas and
                which takes into consideration other activities dependent on these resources. Such efforts must
                be done in accordance with existing State law and in keeping with sound resource management
                considerations. Such considerations include biology of the species, carrying capacity of the
                resource, public demand, costs and available technology.

                The following additional guidelines should be considered by State, Federal and local agencies
                as they determine the consistency of their proposed action with the above policy:

                        1)     Consideration should be given as to whether an action will impede existing or
                               future utilization of the State's recreational fish and wildlife resources.


                        2)     Efforts to increase access to recreational fish and wildlife resources should not
                               lead to overutilization of that resource or cause impairment of the habitat.
                               Sometimes such impairment or overutilization can be more subtle than actual
                               physical damage to the habitat. For example, increased human presence can deter
                               animals from using the habitat area. Overutilization can include circumstances
                               where a newly stocked area can draw so many fisherman that a resident finfish
                               or shellfish population is not able to establish itself, or where demand for support
                               facilities can undermine the habitat qualities.

                        3)     The impacts of increasing access to recreational fish and wildlife resources should
                               be determined on a case-by-case basis, consulting the guidelines established in
                               Policy 7 and/or conferring with a trained fish and wildlife biologist,

                        4)     Any public or private sector initiatives to supplement existing stocks (e.g.,
                               stocking a stream with hatchery-bred fish) or develop new resources (e.g.,
                               creating private fee-hunting or fee-fishing facilities) must be done in accordance
                               with existing State law.

                        (See Policies 2,7,21,34,44)


                POLICY 10             FURTHER DEVELOP COMMERCIAL FINFISH, SHELLFISH AND
                                      CRUSTACEAN RESOURCES IN THE COASTAL AREA BY: (1)
                                      ENCOURAGING THE CONSTRUCTION OF NEW, OR IMPROVE-
                                      MENT OF EXISTING ON-SHORE COMMERCIAL FISHING
                                      FACILITIES; (H) INCREASING MARKETING OF THE STATE'S
                                      SEAFOOD PRODUCTS; AND (III) MAINTAINING ADEQUATE
                                      STOCKS AND EXPANDING AQUACULTURE FACELITIES. SUCH
                                      EFFORTS SHALL BE MADE IN A MANNER WHICH ENSURES
                                      THE PROTECTION OF SUCH RENEWABLE FISH RESOURCES
                                      AND CONSIDERS OTHER ACTIVITIES DEPENDENT ON THEM.



                                                              111-14









              Explanation of Why Policy is not Applicable

              Stony Brook Harbor and the Nissequogue River are important as finfish breeding, nursery, and
              wintering areas. Commercial finfishing in the harbor and the river is precluded by their shallow
              depths.

              There is a small local shellfishing industry in Stony Brook Harbor conducted entirely by local
              baymen using hand harvesting equipment. Use of hydraulic or bottom-dragging dredges would
              irretrievably damage the shellfish beds, and should not be used. The Town of Smithtown
              controls shellfishing in Stony Brook Harbor and the Nissequogue River and prohibits the
              hydraulic and mechanical taking of shellfish. The New York State Environmental Conservation
              Law also prohibits the mechanical taking of shellfish from public underwater lands (Articlel3-
              0309). NYSDEC also regulates shellfishing in the harbor, river and bay.

              This policy is not applicable because of lack of jurisdiction by the Villages over harvesting
              practices and physical characteristics which preclude commercial finfishing.


              FLOODING AND EROSION POLICIES


              POLICY 11             BUILDINGS AND OTHER STRUCTURES WILL BE SITED IN THE
                                    COASTAL AREA SO AS TO MINIMIZE DAMAGE TO PROPERTY
                                    AND ENDANGERING OF HUMAN LIVES CAUSED BY
                                    FLOODING AND EROSION.


              POLICY 11A            RESIDENTIAL CONSTRUCTION IS PROHIBITED WITHIN THE
                                    COASTAL HIGH HAZARD AREAS (V-ZONES) AS DESIGNATED
                                    ON THE FLOOD INSURANCE RATE MAPS FOR THE VILLAGES
                                    OF NISSEQUOGUE AND HEAD-OF-THE-HARBOR.

              Explanation of Policy

              The designated Flood Hazard Areas and Coastal High Hazard Areas (V-Zones) as identified on
              the Flood Insurance Rate Maps for the Villages of Nissequogue and Head-of-the-Harbor are
              described in detail in the Inventory and Analysis, and are shown on Maps 6A and 6B. The
              general area of flood hazard includes lands fronting on Smithtown Bay, Stony Brook Harbor and
              the Nissequogue River. High velocity wave areas are located on beaches and tidal wetlands
              along Porpoise Channel, inside Stony Brook Harbor and at the mouth of the Nissequogue River.

              In order to provide the highest level of flood hazard protection to residents of the Villages of
              Nissequogue and Head-of-the-Harbor, no residential construction shall be permitted with the
              Coastal High Hazard Areas (V-Zone). High velocity waves and the general instability of these
              areas increases the potential for loss of life, severe property damage and ancillary damage to
              other structures and resources.


                                                           111-15








                Within flood hazard areas (A Zones), the following standards for construction and siting of
                development shall apply:

                        1)     For new construction and "substantial" additions:

                               a.      all buildings and structures shall be located two hundred (200) feet
                                       landward of the reach of the mean high tide;

                               b.      all buildings and structures shall be elevated so that the lowest portion of
                                       the structural members of the lowest floor is located a minimum of 13 feet
                                       above mean sea level, with all space below the lowest floor's supporting
                                       member open so as not to impede the flow of water, except for breakaway
                                       walls. These areas shall not be used for human habitation;

                               C.      all buildings or structures shall be securely anchored on pilings or
                                       columns used as structural support and shall be designed and anchored so
                                       as to withstand all applied loads of the base flood flow;

                               d.      building materials and utility equipment shall be resistent to flood damage.

                       2)      For utilities:

                               a.      all new, replacement and expanded water supply systems shall be designed
                                       to minimize or eliminate infiltration of flood water into the system;

                               b.      all new, replacement and expanded sanitary sewage systems shall be
                                       designed to minimize or eliminate infiltration of flood waters into the
                                       systems and discharge from the systems into flood waters;

                               C.      on-site sanitary sewage systems shall be located to avoid impairment to
                                       them or contamination from them during flooding;

                               d.      new, replacement or expanded gas and electrical service shall be located
                                       and constructed to reduce flood damage.

                       (See Policies  12,13,14,17)

                POLICY 12              ACTIVITIES OR DEVELOPMENT IN THE COASTAL AREA WILL
                                       BE UNDERTAKEN SO AS TO MINIMIZE DAMAGE TO
                                       NATURAL RESOURCES AND PROPERTY FROM FLOODING
                                       AND EROSION BY PROTECTING NATURAL PROTECTIVE
                                       FEATURES, INCLUDING BEACHES, DUNES, BARRIER ISLANDS
                                       AND BLUFFS. PRIMARY DUNES WILL BE PROTECTED FROM




                                                              111-16











                                     ALL ENCROACHMENTS THAT COULD E%1PAIR THEIR
                                    NATURAL PROTECTIVE CAPACITY.


              Expianation of Policy

              Beaches, dunes, barrier islands, bluffs, and other natural protective features help safeguard
              coastal lands and property from damage, as well as reduce the danger to human life resulting
              from flooding and erosion. Excavation of coastal features, improperly designed structures,
              inadequate site planning, or other similar actions which fail to recognize their fragile nature and
              high protective values, lead to the weakening or destruction of these landforms. Activities or
              development in, or in proximity to, natural protective features must ensure that all such adverse
              effects are mitigated. Primary dunes will be protected from all encroachments that could impair
              their natural productive capacity.

              Within the ownership or jurisdiction of the Villages of Nissequogue and Head-of-the-Harbor,
              the following areas are specifically designated as important natural protective features which
              shall be protected from disturbance or encroachment by development or other incompatible land
              use activities:


              Village of Nisspquogue: (Map 5B)

              0      Long Beach peninsula including all beaches, dunes and bluffs;

              0      Bluffs and beaches along the Smithtown Bay shore of the Village;

              a      Isolated bluffs adjacent to Stony Brook Harbor, north and south of Smith Lane;

              0      Beaches adjacent to Stony Brook Harbor;

              0      Dunes and beaches at the mouth of the Nissequogue River (Short Beach Town Park).

              Village of Head-of-the-Harbor: (Map 5A)

                     Cordwood Path Beach (Town of Smithtown) on the western shore of Stony Brook Harbor
                     at the boundary of the Villages of Nissequogue and Head-of-the-Harbor;

              0      Bluffs located adjacent to Stony Brook Harbor on the southern and eastern shore,
                     extending to the confluence of the harbor and Stony Brook Creek at the grist mill in
                     Stony Brook;

                     Beaches adjacent to Stony Brook Harbor.






                                                            111-17









               In order to ensure that the natural protective features which have been identified in the Villages
               will be protected, the following standards will be applied to all development and land use
               activities proposed for beaches, dunes and bluffs within the Villages:

               Beaches


               Beaches are unsuitable for development due to their constantly changing topography and width.
               Interference by man can accelerate these natural processes. On beaches, no development of
               permanent structures or activity requiring the excavation, grading or disruption of the natural
               slope of the beach shall be permitted.

               Bluffs


               Bluffs are particularly fragile areas which are susceptible to erosion, sloughing and weakening
               from improper development, runoff and groundwater seepage. Development which requires
               grading, removal of vegetation, siting of buildings, roads or parking lots, will contribute
               additional stormwater to the area susceptible to erosion at the edge of the face of the bluff.
               Excessive runoff will eventually cause the bluff to slump and collapse.

               --      The impact upon a bluff due to site disturbance shall be minimized by siting all structures
                       a minimum distance from the landward edge of the bluff to be determined by the
                       erosional rate of the bluff and the amount of land needed for the structure to remain
                       unaffected for a period of fifty (50) years. However, in no case shall any structure,
                       including swimming pools, be located closer that one hundred (100) feet from the
                       landward edge of the bluff. In addition, there shall be no land disturbance within the
                       setback zone. Land disturbance includes removal of natural vegetation, alteration of
                       surface soils or grade, placement of temporary structures, and the like.            Natural
                       vegetation shall be retained to trap stormwater and to stabilize soils.

                       Stormwater from.developed parts of the property shall be directed so it does not flow
                       across the surface of the land to the bluff face. If the natural slope of the land is away
                       from the bluff face, the slope shall not be altered. In directing the overland flow of
                       stormwater, no stormwater will be allowed to reach the bluff face of an adjacent
                       property-

                       Stormwater shall not be recharged in a quantity or a location where surface runoff or
                       subsurface or groundwater flow will undermine the bluff face.

                       Impermeable paving shall be minimized. Trap rock or native gravel shall be used for
                       driveways and other outdoor surfaces shall be made of permeable paving. Brick,
                       flagstone and Belgium block on sand are good alternative paving choices for slopes less
                       than 2





                                                             111-18









                     Roads and driveways shall be located in such a manner that no stormwater from the road
                     or driveway will reach the bluff face or the beach below.

                     Where ground cover has been disturbed, the area within one hundred (100) feet of the
                     bluff face shall be replanted with native vegetation suitable for the bluff location.


              Dunes


              The dune areas in the Village of Nissequogue provide long-term stability to the shorefront by
              serving as protection for upland areas from waves, winds, storms, and by blowing sand.

                     Primary dunes shall in no way be altered or subject to any activity which would impair
                     their protective capability. This standard shall not be construed to prevent restoration
                     of dunes damaged in a storm or by other means.

                     Natural vegetation shall be maintained in dune areas.

                     All access points to beaches which are possible only by crossing dune areas shall be kept
                     to a minimum, shall use the least intrusive path which safeguards the vegetation and
                     natural slope of the dune and shall be subject to the approval of the Village Planning
                     Board. In dune areas, raised wooden footpaths shall be provided.

                     Vehicles of any type, excluding emergency vehicles and those operated by a
                     governmental body in the performance of its functions, are prohibited in any dune or
                     beach area.


                     Where a bluff is the sediment supply for a beach, toe stabilization of the bluff will be
                     permitted only when the applicant has agreed to nourish the beach in front of the bluff
                     with beach material of a similar type and magnitude as that which is presently eroded
                     from the bluff. A deed covenant or similar legal document will be required to ensure
                     that nourishment occurs throughout the life of the structure. All plans for stabilization
                     must be approved by the proper permitting agencies.

              POLICY 13             THE CONSTRUCTION OR RECONSTRUCTION OF EROSION
                                    PROTECTION STRUCTURES SHALL BE UNDERTAKEN ONLY
                                    IF THEY HAVE A REASONABLE PROBABILITY OF
                                    CONTROLLING EROSION FOR AT LEAST THIRTY YEARS AS
                                    DEMONSTRATED IN DESIGN AND CONSTRUCTION
                                    STANDARDS AND/OR ASSURED MAINTENANCE OR
                                    REPLACEMENT PROGRAMS.


              POLICY 13A            EXISTING OR NEW EROSION PROTECTION STRUCTURES
                                    WITHIN AND ADJACENT TO THE NISSEQUOGUE RIVER,
                                    STONY BROOK HARBOR, AND SMITHTOWN BAY SHALL BE


                                                           111-19









                                      RECONSTRUCTED, MODIFIED OR CONSTRUCTED ONLY IEF:
                                      1) THEY HAVE A REASONABLE PROBABILITY OF CONTROI.-
                                      LING EROSION FOR AT LEAST THIRTY (30) YEARS AS
                                      DEMONSTRATED IN DESIGN AND CONSTRUCTION STAND-
                                      ARDS AND/OR ASSURED MAINTENANCE OR REPLACEMENT
                                      PROGRAMS; AND 2) THEY ARE DEMONSTRATED TO BE
                                      NECESSARY.


                Explanation of Policy

                Construction of erosion protection structures is expensive, often only partially effective over
                time, and may even be harmful to adjacent or nearby properties. However, in those instances
                where properly designed and constructed erosion protection structures will be likely to minimize
                or prevent damage or destruction to public or private property, natural protective features, and
                other natural resources, construction of erosion protection structures may be allowed. Coastal
                Erosion Hazard Area maps for the Village of Nissequogue were filed in December 1988,
                identifying Coastal Erosion Hazard Areas within the Village along the Smithtown Bay bluffs.
                In Coastal Erosion Hazard Areas, the construction, modification, or restoration of erosion
                protection structures is subject to the following requirements:

                       1)      All erosion protection structures must be designed and constructed according to
                               generally accepted engineering principles, which have demonstrated success, or
                               where sufficient data is not currently available, a likelihood of success in
                               controlling long-term erosion. The protective measures must have a reasonable
                               probability of controlling erosion of the immediate site for at least 30 years.

                       2)      A long-term maintenance program must be provided, which includes
                               specifications for normal maintenance of degradable materials and periodic
                               replacement of removable materials.

                       3)      If bulkheading is requi red adjacent to wetlands, bulkheading shall be located
                               upland of the high marsh wetland boundary.           Bulkheads or other erosion
                               protection structures shall not block the surface and subsurface flow of freshwater
                               to the wetland.


                               The following are definitions of terms used in the above:

                               a.     "Erosion" means the loss or displacement of land along the coastline due
                                      to the action of waves, currents, tides, wind-driven water, waterborne ice,
                                      of other impacts of storms. It also means the loss or displacement of land
                                      due to the action of wind, runoff of surface waters, or groundwater
                                      seepage-





                                                              111-20








                             b.      "Erosion protection structure" means a structure specifically designed to
      is                             reduce or prevent erosion such as a groin, jetty, seawall, revetment,
                                     bulkhead, breakwater, or artificial beach nourishment project.

                             C.      "Modification" means a change in size or design.

                             d.      "Reconstruction" means the reconstruction without modification of an
                                     erosion protection structure, the cost of which equals or exceeds fifty
                                     percent (50%) of the estimated full replacement cost of the structure at the
                                     time of reconstruction.


              Although erosion protection structures are constructed according to best engineering practices
              to minimize impact and ensure a reasonable lifespan, they still induce changes in natural coastal
              processes. These changes can include erosion, shifts in tidal activity, impacts on habitats and
              the like. The fragile nature and significance of the habitats in the Nissequogue River and Stony
              Brook Harbor require that any adverse effects, including those caused by erosion protection
              structures, be minimized and mitigated. The use of erosion protection structures should be
              considered only after an evaluation of available non-structural measures in the context of an
              overall erosion management system for a site. (See Policy 17)

              In particular, if bulkheading is considered in a location adjacent to a wetland, the bulkhead shall
              be located upland from the wetland, at or above the highest yearly tide level elevation.
              Bulkheads or other erosion protection structures should not block the surface and subsurface flow
              of fresh water to the wetland.


              POLICY 14              ACTIVITIES AND DEVELOPMENT, INCLUDING THE
                                     CONSTRUCTION OR RECONSTRUCTION OF EROSION
                                     PROTECTION STRUCTURES, SHALL BE UNDERTAKEN SO
                                     THAT THERE WILL BE NO MEASURABLE INCREASE IN
                                     EROSION OR FLOODING AT THE SITE OF EACH ACTIVITY OR
                                     DEVELOPMENT, OR AT OTHER LOCATIONS.

              Explanation of Policy

              Erosion and flooding are processes which occur naturally. However, human intervention can
              increase the severity and adverse effects of those processes, causing damage to, or loss of,
              property and endangering human lives. Those actions include the following: the use of erosion
              protection structures such as groins, or the use of impermeable docks which block the littoral
              transport of sediment to adjacent shorelands, thus increasing their rate of recession; the failure
              to observe proper drainage or land restoration practices thereby causing damage in otherwise
              hazard-free areas.



     0                                                      111-21








                 The tidal and freshwater wetlands and habitats of the Nissequogue River and Stony Brook
                 Harbor are sensitive to sedimentation, and flooding can result from the destabilizing effect of
                 disturbing steep slopes and natural drainageways. To maintain natural drainage functions, to
                 reduce the volume of sedimentation and other pollutants entering the Nissequogue River and
                 Stony Brook Harbor habitats, and to promote development in stable areas, the following
                 standards will be applied to all development and land use activities within the Villages of
                 Nissequogue and Head-of-the-Harbor:

                        1)      Stream channels, natural flood plains, and major drainage swales shall not be
                                altered in a manner which decreases their ability to accommodate and channel
                                storm water runoff and flood waters. Disturbance of land includes activities such
                                as alteration of slope, deposition of waste materials and removal of vegetation.
                                If no practicable alternative to the location of driveways, pathways and similar
                                surfaces within these areas exists, such facilities shall be sited and constructed to
                                minimize and mitigate the amount and velocity of stormwater entering the swale.

                        2)      No land having a slope equal to or greater than 25 % shall be developed or
                                disturbed except for conservation measures or measures intended to remove debris
                                which inhibits the functioning of the swale. Natural vegetation and topography
                                shall be retained to stabilize soils and reduce the volume of stormwater flow.


                        3)      On lands having slopes of less than 25%, but composed of highly erodible soils,
                                such as Carver soils, development proposals shall include consideration of the
                                load bearing capacity of the soils. Unless it can be demonstrated that the soils
                                can be stabilized with a minimum of on-site disturbance and no adverse impacts
                                to the stability of neighboring properties, the development proposal shall not be
                                approved as submitted.

                        4)      Development shall preserve salient natural features of a site, minimize grading
                                and cut and fill operations, ensure conformity with natural topography, and retain
                                natural vegetation and trees to the maximum extent practicable in order to create
                                the least erosion potential and handle adequately the volume and rate of velocity
                                of surface water runoff.


                        5)      Natural drainage patterns shall be protected and incorporated into site design.
                                Where natural drainage patterns are demonstrated to be adversely affecting a
                                natural protective feature, drainage patterns may be altered in a manner which
                                reduces the threat of the natural protective feature and does not create other
                                flooding or erosion problems.

                        6)      Site preparation, including stripping of vegetative cover and grading, shall be
                                undertaken so that no individual building site is stripped of its vegetation cover
                                more than thirty (30) days prior to commencement of construction.



                                                               111-22








                     7)      Disturbed soils shall be stabilized and revegetated or seeded as soon as
                             practicable. During the interim, erosion protection measures such as temporary
                             vegetation, retention ponds, recharge basins, berming, silt traps and mulching
                             shall be used to ensure that sedimentation is minimized and mitigated.

                     8)      In no case shall stormwater be diverted to another property either during site
                             preparation or after development.

                     9)      Fill shall not encroach on natural watercourses, constructed channels, wetlands,
                             or floodway areas. All fill shall be compacted at a final angle of repose which
                             provides stability for the material, minimizes erosion and prevents settlement.

                     10)     A natural vegetative buffer of one hundred (100) feet shall be retained adjacent
                             to surface waters and wetlands to absorb floodwaters and trap sediments.

                     11)     Trails and walking paths along waterbodies shall be sited and constructed so they
                             are not a source of sedimentation or erosion.


                     12)     The amount and velocity of runoff from a site after development shall
                             approximate its pre-development characteristics. However, if the site is adjacent
                             to coastal waters, stormwater shall be contained on-site, to the maximum extent
                             practicable, to prevent direct discharge of runoff into coastal waters.

                             (See Policy 17 in addition to the above standards 1-12)

                     13)     Groins, jetties, bulkheads and other structural erosion protection measures shall
                             be used only if no alternative is available. They shall be designed to minimize
                             downdrift impacts and shall not increase on or off-site flooding and erosion. (See
                             Policy 13, 13A)

              POLICY 15             MINING, EXCAVATION OR DREDGING IN COASTAL WATERS
                                    SHALL NOT SIGNIFICANTLY INTERFERE WITH THE
                                    NATURAL PROCESSES WHICH SUPPLY BEACH MATERIALS
                                    TO LAND ADJACENT TO SUCH WATERS, AND SHALL BE
                                    UNDERTAKEN IN A MANNER WHICH WELL NOT CAUSE AN
                                    INCREASE IN EROSION OF SUCH LAND.


              POLICY 15A            MP41NG OR EXCAVATION UNDER THE WATERS OF THE
                                    NISSEQUOGUE RIVER, OF STONY BROOK HARBOR, OR IN
                                    THE CONTIGUOUS WATERS AND WITHIN OWNERSHIP OR
                                    JURISDICTION OF THE VILLAGES IS PROHIBITED.






                                                           111-23









                E"janation of Polky

                Sand or gravel mining in the coastal waters of the Villages of Head-of-the-Harbor and
                Nissequogue is unjustifiable in view of the inevitable destructive impact upon the natural
                environment, and the ample supply of sand and gravel from land-based mines, dredging
                operations and off-shore mines. Mining or excavation is, therefore, prohibited in the coastal
                waters within the ownership or jurisdiction of the Villages.

                (See Policies 7,35,44)

                POLICY 16              PUBLIC FUNDS SHALL ONLY BE USED FOR EROSION
                                       PROTECTIVE STRUCTURES WHERE NECESSARY TO PROTECT
                                       HUMAN LIFE, AND NEW DEVELOPMENT WHICH REQUIRES
                                       A LOCATION WITHIN OR ADJACENT TO AN EROSION
                                       HAZARD AREA TO BE ABLE TO FUNCTION, OR EXISTING
                                       DEVELOPMENT; AND ONLY WHERE THE PUBLIC BENEFITS
                                       OUTWEIGH THE LONG TERM MONETARY AND OTHER COSTS
                                       INCLUDING THE POTENTIAL FOR INCREASING EROSION AND
                                       ADVERSE EFFECTS ON NATURAL PROTECTIVE FEATURES.


                Ealanation of Poligy

                Public funds are used for a variety of purposes on the State's shorelines. This policy recognizes
                the public need for protection of human life and existing investment and development or new
                development which requires a location in proximity to the coastal area or in adjacent waters to
                be able to function. However, it also recognizes the adverse impacts of such activities and
                development on the rate of erosion and on natural protective features and requires that careful
                analysis be made of such benefits and long term costs prior to expending public funds.

                POLICY 17              WHEREVER POSSIBLE, USE NON-STRUCTURAL MEASURES
                                       TO MWMUZE DAMAGE TO NATURAL RESOURCES AND
                                       PROPERTY FROM FLOODING AND EROSION.                                SUCH
                                       MEASURES SHALL INCLUDE: (1) THE SET-BACK OF
                                       BUILDINGS AND STRUCTURES; (H) THE PLANTING OF
                                       VEGETATION AND THE INSTALLATION OF SAND FENCING
                                       AND DRAINING; (M THE RESHAPING OF BLUFFS; AND (M
                                       THE FLOOD-PROOFING OF BUILDINGS ON THEIR ELEVATION
                                       ABOVE THE BASE FLOOD LEVEL.


                Ealanation of Policy

                Structural measures for protection from coastal flooding and erosion are costly. The most cost
                effective methods of reducing risk to lives and property from coastal flooding and erosion are



                                                             111-24








              non-structural measures which are also more sensitive to the environmental and scenic qualities
              of the Nissequogue River and Stony Brook Harbor.

              This policy shall apply to the planning, siting and design of proposed activities and development,
              including measures to protect existing activities and development. To ascertain consistency with
              the policy, it must be determined if any one, or a combination of, non-structural measures would
              afford the degree of protection appropriate both to the character and purpose of the activity or
              development and to the hazard. If non-structural measures are determined to offer sufficient
              protection, then consistency with this policy requires the use of such measures.

              In determining whether or not non-structural measures to protect against erosion or flooding win
              afford the appropriate degree of protection, an analysis, and if necessary, other materials such
              as plans or sketches of the activity or development, of the site and of the alternative protection
              measures shall be prepared to allow an assessment to be made.

              Non-structural measures of reducing the risk of coastal flooding and erosion which are to be
              employed within the Villages of Nissequogue and Head-of-the-Harbor include, but are not
              limited to, those contained in Policies 11, 12,13B and 14.



              GENERAL POLICY


              POLICY 18              TO SAFEGUARD THE VITAL ECONOMIC, SOCIAL AND
                                     ENVIRONMENTAL INTERESTS OF THE STATE AND OF ITS
                                     CITIZENS, PROPOSED MAJOR ACTIONS IN THE COASTAL
                                     AREA MUST GIVE FULL CONSIDERATION TO THOSE
                                     INTERESTS, AND TO THE SAFEGUARDS WHICH THE STATE
                                     HAS ESTABLISHED TO PROTECT VALUABLE COASTAL
                                     RESOURCE AREAS.


              Explanation of Policy

              The size, location, existing development pattern and physical characteristics of the coastal area
              of the Villages of Head-of-the-Harbor and Nissequogue preclude major development proposals.
              The overriding Statewide, regional and local interest in the coastal area of the Villages is the
              conservation and protection of the cultural resources, significant habitats, marsh systems and
              scenic resources of the coastal area. For this reason, maintenance of low-density, carefully sited
              residential development will fulfill this goal.



              PUBLIC ACCESS POLICIES


              POLICY 19              PROTECT, MAINTAIN, AND INCREASE THE LEVEL AND
                                     TYPES OF ACCESS TO PUBLIC WATER-RELATED


                                                            111-25










                                      RECREATIONAL RESOURCES AND FACILITIES SO THAT
                                      THESE RESOURCES AND FACILITIES MAY BE FULLY
                                      UTILIZED IN ACCORDANCE WITH REASONABLY
                                      ANTICIPATED PUBLIC RECREATION NEEDS AND THE
                                      PROTECTION OF HISTORIC AND NATURAL RESOURCES. IN
                                      PROVIDING SUCH ACCESS, PRIORITY SHALL BE GIVEN TO
                                      PUBLIC BEACHES, BOATING FACILITIES, FISHING AREAS
                                      AND WATERFRONT PARKS.


               POLICY 19A             ENCOURAGE AND FACILITATE ACCESS TO SITES SUITABLE
                                      FOR THE EDUCATIONAL AND RECREATIONAL PURSUIT OF
                                      NATURE STUDY, BIRD WATCHING, AND NATURE
                                      PHOTOGRAPHY IN A MANNER WHICH MINIMIZES
                                      DISTURBANCE OF HABITATS.


               &planation g)f Polia

               Stony Brook Harbor and the Nissequogue River are major recreational resources for the
               residents of the Villages and the Town of Smithtown. There are three Town beaches, a marina,
               a boat mooring basin, and a Village of Nissequogue nature area on the Long Beach spit on Stony
               Brook Harbor. In Head-of-the-Harbor, two natural areas for public use are maintained by the
               Nature Conservancy. A small shallow-water beach, Cordwood Path Beach, is located on Stony
               Brook Harbor at the boundary between the two Villages. This is part of the Town park system.
               Parking and support facilities are available at all Town facilities.

               There are four rights-of-way giving access to Stony Brook Harbor as indicated on Maps 3A and
               3B. The confined nature of these sites, all of which are bounded by embayments and tidal
               wetlands, makes expansion, or provision of parking, physically impossible, as well as potentially
               damaging to the harbor environment. This access shall not, however, be diminished.

               On the Nissequogue River, the Town of Smithtown operates a beach at Short Beach, which
               includes a campground and a nature preserve. Parking and support facilities are available.

               These areas are described in detail in the Inventory and Analysis. Poor public transportation
               limits access to the facilities within the Villages. Car and boat trailer traffic impacts the
               Villages.

               Some present uses, especially those connected with boating--moorings, anchorages, and marina
               facilities--are beginning to impose an environmental stress which suggests that a limit is being
               approached beyond which resources such as clean water and habitats will sustain damage.

               Though public enjoyment of the recreational resources of the Nissequogue River and Stony
               Brook Harbor is to be encouraged, the overriding concern is to ensure that these resources are
               not impaired through over-use or incompatible active uses. For this reason emphasis is placed


                                                             111-26








               on developing and promoting more passive access opportunities which will be designed to
               minimize impact on water quality, habitats, and scenic resources. The Villages will not develop
               additional active recreational areas on Stony Brook Harbor or the Nissequogue River. The
               existing Village of Nissequogue nature preserve on Long Beach will continue to offer non-
               intensive access for nature study and non-consumptive enjoyment of the scenic and wildlife
               resources of the site.


               Lands acquired by either Village in the future which are suitable for passive recreational use
               shall be developed for public access in the following manner to minimize disruption of habitats
               and scenic values:

                       1)     Any accessory parking areas will be surfaced and graded to prevent direct runoff
                              from the site into waterbodies or wetlands. Surfacing material shall allow for
                              percolation of stormwater.

                       2)     Pedestrian and bicycle access will be promoted over vehicular access.

                       3)     All walkways and paths shall be sited and designed to minimize disruption of
                              wildlife and vegetative resources.

                       4)     Sites shall be posted and monitored during breeding and nesting seasons to
                              prevent disruption of birds.

                       5)     Dogs and other pets shall be permitted within an area designated as a nature
                              preserve only when accompanied by the owner or other responsible person who
                              is in charge and control of the animal in accordance with local leash laws.
                              Horseback riding shall be permitted only in parts of such areas designated as
                              suitable for bridle trail use.


               (See Policies 7,14)

               The following guidelines will be used in determining the consistency of a proposed action with
               this policy:

                       1)     The existing access from adjacent or approximate public lands or facilities to
                              public water-related recreation resources and facilities shall not be reduced, nor
                              shall the possibility of increasing access in the future from adjacent or proximate
                              public lands or facilities to public water-related recreation resources and facilities
                              be eliminated, unless in the latter case, estimates of future use of these resources
                              and facilities are too low to justify maintaining or providing increased public
                              access or unless such actions are found to be necessary or beneficial by the public
                              body having jurisdiction over such access as the result of a reasonable justification
                              of the need to meet systematic objectives.



                                                              111-27









                               The following is an explanation of the terms used in the above guideline:

                               a.      Access - the ability and right of the public to reach and use public coastal
                                       lands and waters.


                               b.      Public water-related recreation resources or facilities - all public lands or
                                       facilities that are suitable for passive or active recreation that require
                                       either water or a waterfront location or are enhanced by a waterfront
                                       location.


                               C.      Public lands or facilities - lands or facilities held by State or local
                                       government in fee simple or less-than-fee simple ownership and to which
                                       the public has access to or could have access to, including underwater
                                       lands and the foreshore.


                               d.      A reduction in the existing level of public access-includes but is not
                                       limited, to the following:

                                       (1)     the number of parking spaces at a public water-related recreation
                                               resource or facility is significantly reduced;

                                       (2)     the service level of public transportation to a public water-related
                                               recreation resource or facility is significantly reduced during peak
                                               season use and such reduction cannot be reasonably justified in
                                               terms of meeting system-wide objectives;

                                       (3)     pedestrian access is diminished or eliminated because'of hazardous
                                               crossings required at new or altered transportation facilities,
                                               electric power transmission lines, or similar linear facilities.

                                       (4)     There are substantial increases in the following: already existing
                                               special fares (not including regular fares in any instance) of public
                                               transportation to a public water-related recreation resource or
                                               facility, except where the public body having jurisdiction over such
                                               fares determines that such substantial fare increases are necessary;
                                               and/or admission fees to such a resource or facility, and an
                                               analysis shows that such increases will significantly reduce usage
                                               by individuals or families with incomes below the State established
                                               poverty level.

                               e.      An elimination of the possibility of increasing public access in the future
                                       includes, but is not limited to the following:




                                                               111-28









                                    (1)     construction of public facilities which physically prevent the
                                            provision, except at great expense, or convenient public access to
                                            public water-related recreation resources and facilities;

                                    (2)     sale, lease, or other transfer of public lands that could provide
                                            public access to a public water-related recreation resource or
                                            facility;

                                    (3)     construction of private facilities which physically prevent the
                                            provision of convenient public access to public water-related
                                            recreation resources or facilities from public lands and facilities.

                     2)      Any proposed project to increase public access to public water-related recreation
                             resources and facilities shall be analyzed according to the following factors:

                             a.     the level of access to be provided shall be in accord with estimated public
                                    use. If not, the proposed level of access to be provided shall be deemed
                                    inconsistent with this policy;

                             b.     the level of access to be provided shall not cause a degree of use which
                                    would exceed the physical capability of the resource of facility.     If this
                                    were determined to be the case, the proposed level of access to be
                                    provided shall be deemed inconsistent with this policy.

                     3)      The State and local governments will not undertake or fund any project which
                             increases access to a water-related resource or facility that is not open to all
                             members of the public.

                     4)      In their plans and programs for increasing public access to public water-related
                             resources and facilities, State agencies shall give priority in the following order
                             to projects located within the boundaries of the Federal-Aid Metropolitan Urban
                             Area and served by public transportation; within the boundaries of the Federal-
                             Aid Metropolitan Urban Area but not served by public transportation; outside the
                             defined Urban Area boundary and served by public transportation; and outside the
                             defined Urban Area boundary but not served by public transportation.

              POLICY 20             ACCESS TO THE PUBLICLY OWNED FORESHORE AND TO
                                    LANDS IMMEDIATELY ADJACENT TO THE FORESHORE OR
                                    THE WATER'S EDGE THAT ARE PUBLICLY OWNED SHALL BE
                                    PROVIDED, AND IT SHOULD BE PROVIDED IN A MANNER
                                    COMPATIBLE WITH ADJOINING USES. SUCH LANDS SHALL
                                    BE RETAINED IN PUBLIC OWNERSHIP.





                                                            111-29










                E
                 Mianation of Poligy

                In the Villages of Head-of-the-Harbor and Nissequogue, public access to the foreshore is
                extensive, especially in the beach areas where the Town and Village parks are located. As more
                than one-fifth of the total land area of the two Villages is in public recreational use, including
                both active and passive types, access is ample. Town and Village beaches, parks, and preserves
                are located on the Long Beach peninsula, on Stony Brook Harbor, and on the Nissequogue
                River. There are also public access points adaptable for small-boat launching. Owing to the
                shallowness of the water and the limited parking area, these areas are not suited to boats of a
                size to require trailering, but suitable access' for trailered boats is available at Long Beach. The
                following guidelines will be used to determine the consistency of a proposed action at any
                publicly owned site described above with this policy:

                        1)     Existing access from adjacent or proximate public lands or facilities to existing
                               public coastal lands and/or waters shall not be reduced, nor shall the possibility
                               of increasing access in the future from adjacent or nearby public lands or facilities
                               to public coastal lands and/or waters be eliminated, unless such actions are
                               demonstrably of overriding statewide or regional public benefit, or estimates of
                               future use of these lands and waters are too low to justify maintaining or
                               providing increased access. A reduction in the existing level of public access
                               includes, but is not limited to, the following:

                                       pedestrian access is diminished or eliminated because of hazardous
                                       crossing required at new or altered transportation facilities, electric power
                                       transmission lines, or similar linear facilities;

                                       pedestrian access is diminished or blocked completely by public or private
                                       development.

                       An elimination of the possibility of increasing public access in the future includes, but
                       is not limited to, the following:

                                       construction of public facilities which physically prevent the provision,
                                       except at great expense, of convenient public access to public water-
                                       related recreational resources or facilities;

                                       sale, lease, or other conveyance of public lands that could provide public
                                       access to public coastal lands and/or waters;

                                       construction of private facilities which physically prevent the provision of
                                       convenient public access to public coastal lands and/or waters from public
                                       lands and facilities.





                                                               111-30








                      2)     The existing level of public access within public coastal lands or waters shall not
                             be reduced or eliminated. A reduction in the existing level of public access
                             includes, but is not limited to, the following:

                                     access is reduced or eliminated because of hazardous crossings required
                                     at new or altered transportation facilities, electric power transmission
                                     lines, or similar linear facilities;

                                     access is reduced or blocked completely by any public developments.

                      3)     Public access from the nearest public roadway to the shoreline and along the coast
                             shall be provided by new land use or development, except where (a) it is
                             inconsistent with public safety, military security, or the protection of identified
                             fragile coastal resources; (b) adequate access exists within one-half mile; or (c)
                             agriculture would be adversely affected. Such access shall not be required to be
                             open to public use until a public agency or private association agrees to accept
                             responsibility for maintenance and liability of the accessway.

                      4)     The State and local government will not undertake or fund any project which
                             increases access to a water-related resource or facility that is not open to all
                             members of the public.

                      5)     In their plans and programs for increasing public access, State agencies shall give
                             priority in the following order to projects located: within the boundaries of the
                             Federal-Aid Metropolitan Urban Area but not served by public transportation;
                             outside the defined Urban Area boundary and served by public transportation; and
                             outside and defined Urban Area boundary but not served by public transportation.

                      6)     Proposals for increased public access to coastal. lands and waters shall be analyzed
                             according to the following factors:

                                     the level of access to be provided should be in accord with estimated
                                     public use. If not, the proposed level of access to be provided shall be
                                     deemed inconsistent with this policy;

                                     the level of access to be provided shall not cause a degree of use which
                                     would exceed the physical capability of the coastal land resource. If this
                                     were determined to be the case, the proposed level of access to be
                                     provided shall be deemed inconsistent with the policy.

                             The following is an explanation of the terms used in the above guidelines:

                             a.      See definitions under Policy 19 of "access" and "public lands or
                                     facilities".


                                                             111-31









                               b.      A reduction in the existing level of public access includes, but is not
                                       limited to, the following:

                                       (1)    pedestrian access is diminished or eliminated because of hazardous
                                              crossings required at new or altered transportation facilities,
                                              electric power transmission lines, or similar linear facilities;

                                       (2)    pedestrian access is diminished or blocked completely by public or
                                              private development.

                               C.      An elimination of the possibility of increasing public access in the future
                                       includes, but is not limited to, the following:

                                       (1)    construction of public facilities which physically prevent the
                                              provision, except at great expense, of convenient public access to
                                              public water-related recreation resources and facilities;

                                       (2)    sale, lease, or other conveyance of public lands that could provide
                                              public access to public coastal lands and/or waters;

                                       (3)    construction of private facilities which physically prevent the
                                              provision of convenient public access to public coastal lands and/or
                                              waters from public lands and facilities.

                POLICY 21              WATER-DEPENDENT AND WATER-ENHANCED RECREATION
                                       SHALL BE ENCOURAGED AND FACILITATED AND SHALL BE
                                       GIVEN PRIORITY OVER NON-WATER-RELATED USES ALONG
                                       THE COAST, PROVIDED THAT IT IS CONSISTENT WITH THE
                                       PRESERVATION AND ENHANCEMENT OF OTHER COASTAL
                                       RESOURCES, AND TAKES INTO ACCOUNT THE DEMAND FOR
                                       SUCH FACILITIES. IN FACILITATING SUCH ACTIVITIES,
                                       PRIORITY SHALL BE GIVEN TO AREAS WHERE ACCESS TO
                                       THE RECREATION OPPORTUNITIES OF THE COAST CAN BE
                                       PROVIDED BY NEW OR EXISTING PUBLIC TRANSPORTATION
                                       SERVICES, AND TO THOSE AREAS WHERE THE USE OF THE
                                       SHORE IS SEVERELY RESTRICTED BY EXISTING
                                       DEVELOPMENT.


                Ealanation of Policy

                In balancing competing interests, long-term safeguarding of irreplaceable natural coastal
                resources takes precedence over recreational activities which may threaten these resources.
                Existing recreational facilities within the Villages are adequate and occupy approximately 20%
                of their total land area. Expansion of any active recreational use, including marina or mooring


                                                             111-32









              activities, south of the Long Beach spit into Stony Brook Harbor, or upstream of Short Beach
              into the Nissequogue River, could be detrimental to the preservation of coastal resources and
              habitats,, and shall be carefully evaluated in terms of environmental impact and navigational
              safety. (See Policies 2,7,44)

              POLICY 22              DEVELOPMENT, WHEN LOCATED ADJACENT TO THE SHORE,
                                     SHALL PROVIDE FOR WATER-RELATED RECREATION, AS A
                                     MULTIPLE USE, WHENEVER SUCH RECREATIONAL USE IS
                                     APPROPRIATE IN THE LIGHT OF REASONABLY ANTICIPATED
                                     DEMAND FOR SUCH ACTIVITIES, AND THE PRIMARY
                                     PURPOSE OF THE DEVELOPMENT.


              Explanation of Policy

              In the Villages of Nissequogue and Head-of-the-Harbor, areas adjacent to the shore are zoned
              for low-density residential use;     public and quasi-public institutional uses are allowed.
              Consequently, the types of allowed development which generally can provide water-related
              recreation as a multiple use are limited. If, as a result of development approval, there is the
              opportunity to provide water-related recreation, such water-related recreation shall be limited
              to passive recreation such as walking trails, nature observation areas and overlooks, in order to
              safeguard the habitat, scenic and environmental resources of the Nissequogue River and Stony
              Brook Harbor. In addition, approving agencies shall work with the developer to secure access
              to these sites for Village residents at large.

              Appropriate recreational uses which do not require any substantial additional construction shall
              be provided at the expense of the project sponsor provided the cost does not exceed 2% of total
              project cost.

              In determining whether there are compelling reasons which would make recreation as multiple
              use inadvisable, safety considerations should reflect a recognition that some risk is acceptable
              in the use of recreational facilities.


              (See Policy 5)

              HISTORIC AND SCENIC RESOURCES POLICIES

              POLICY 23              PROTECT, ENHANCE, AND RESTORE STRUCTURES,
                                     DISTRICTS, AREAS, OR SITES THAT ARE OF SIGNIFICANCE
                                     IN THE HISTORY, ARCHITECTURE, ARCHAEOLOGY, OR
                                     CULTURE OF THE STATE, ITS COMMUNITIES, OR THE
                                     NATION.






                                                           111-33










                Explanation of Policy

                The Villages of Head-of-the-Harbor and Nissequogue are rich in structures, districts, areas and
                sites of significance in the history, architecture, archaeology and culture of the State, the local
                communities, and of the Nation.

                The locality was settled in the mid-17th century; structures dating back as far as 1680 still exist,
                as well as numerous 18th and early 19th century houses, bams, and other farm buildings, some
                of which are recorded in the paintings of William Sidney Mount (1807-1868).

                The following three National Register Districts along Route 25A have been certified in the
                Village of Head-of-the-Harbor: the North Country Road District, the Mills Pond District and
                the St. James District; Box Hill, located on Moriches Road, (the summer home of architect
                Stanford White), is listed as an individual landmark on the National and State Registers of
                Historic Places. Certification is expected for a thematic National Register District (Stony Brook
                Harbor Estate Houses (ca. 1689-1926)), which embraces the harborside of both Villages.

                Lists of structures and sites of local significance, many of which are eligible for nomination to
                the National Register, have been compiled by Town and Village historians. There are 64
                structures and sites in the Village of Nissequogue and over 100 in the Village of Head-of-the-
                Harbor. The Inventory and Analysis contains a listing of these National Register and locally
                significant architectural resources.

                There are important archaeological sites in both Villages, showing substantial aboriginal
                population. In the Village of Head-of-the-Harbor, an Indian assembly area has been found at
                the extreme southern end of the Harbor. The Village of Nissequogue has- the highest
                concentration of inhabited sites, stretching from the bluffs overlooking Smithtown Bay to James
                Creek Cove, the largest late archaic village complex on Long Island.

                Given the high concentration of significant archaeological sites within the Villages of
                Nissequogue and Head-of-the-Harbor, public agencies shall contact the NYS Office of Parks,
                Recreation and Historic Preservation to determine appropriate protective measures to be
                incorporated into development decisions. These resources shall be protected to the greatest
                degree practicable.

                Boards of Architectural Review have been established in both Villages to further the goal of
                preserving the rural character, natural beauty and significant architectural heritage of the Villages
                by ensuring that alterations, demolition, and new construction do not impair the visual and
                historic heritage of the Villages. Standards relating specifically to siting, design and construction
                of new structures or to alteration of structures not listed as being of local significance in the
                Inventory and Analysis are noted in Policy 25. Standards relating specifically to the alteration,
                demolition, removal, or relocation of structures within a National Register Historic District or
                considered of local historical significance and listed in the Inventory and Analysis are:
                                                               111-34                                                   is








                       1)     Every reasonable effort shall be made to provide a compatible use for a property
                              that requires minimal alteration of the building, structure, or site and its
                              environment, or to use a property for its originally intended purpose in keeping
                              with the zoning regulations of each Village.

                       2)     The distinguishing original qualities or character of a building, structure, or site
                              and its environment shall not be destroyed. The removal or alteration of any
                              historic material or distinctive architectural feature shall be avoided when
                              possible.

                       3)     All buildings, structures, and sites shall be recognized as products of their own
                              time. Alterations that have no historical basis and that seek to create an earlier
                              appearance shall be discouraged.

                       4)     Changes that may have taken place in the course of time are evidence of the
                              history and development of a building, structure, or site and its environment.
                              These changes may have acquired significance in their own right, and the
                              significance shall be recognized and respected.

                       5)     Distinctive stylistic features or examples of skilled craftsmanship that characterize
                              a building, structure, or site shall be treated with sensitivity.

                       6)     Deteriorated architectural features shall be repaired rather than replaced,
                              wherever possible. In the event replacement is necessary, the new material
                              should match the material being replaced in composition, design, color, texture,
                              and other visual qualities. Repair or replacement of missing architectural features
                              should be based on accurate duplication of features, substantiated by historic,
                              physical, or pictorial evidence, rather than on conjectural designs or the
                              availability of different architectural elements from other buildings or structures.

                       7)     The surface cleaning of structures shall be undertaken with the gentlest means
                              possible. Sandblasting and other cleaning methods that will damage the historic
                              building materials shall not be undertaken.

                       8)     Every reasonable effort shall be made to protect and preserve archaeological
                              resources affected by, or adjacent to, any project.

               In undertaking direct actions or funding activities, public agencies must also use any techniques,
               measures or controls to prevent a significant adverse change to significant structures, districts,
               areas or sites. A significant adverse change includes, but is not limited to:

                       1)     Alteration of, or addition to, one or more of the architectural, structural,
                              ornamental, or functional features of a building, structure, or site that is a
                              recognized historic, cultural, or archaeological resource, or component thereof.


                                                              111-35








                                Such features are defined as encompassing the style and general arrangement of
                                the exterior of a structure or any original or historically significant interior
                                features including type, color and texture of building materials; entry ways and
                                doors; fenestration; lighting fixtures; roofing, sculpture and carving; steps; rails;
                                fencing; windows; vents and other openings; grillwork; signs; canopies; and other
                                appurtenant fixtures and, in addition, all buildings, structures, outbuildings,
                                walks, fences, steps, topographical features, earthworks, paving and signs located
                                on the designated resource property. (To the extent they are relevant, the
                                Secretary of the Interior's "Standards for Rehabilitation and Guidelines for
                                Rehabilitating Historic Buildings" shall be adhered to.)

                        2)      Demolition or removal in full or part of a building, structure or earthworks that
                                is a recognized historic, cultural, or archaeological resource or component
                                thereof, to include all those features describe in (1) above plus any other
                                appurtenant fixture associated with a building structure or earthwork.

                        3)      All proposed actions within 500 feet of the perimeter of the property boundary
                                of the historic, architectural, cultural, or archaeological resource and all actions
                                within a historic district that would be incompatible with the objective of
                                preserving the quality and. integrity of the resource. Primary considerations to be
                                used in making judgments about compatibility should focus on the visual and
                                locational relationship between the proposed action and the special character of
                                the historic, cultural, or archaeological resource, Compatibility between the
                                proposed action and the resource means that the general appearance of the
                                resource should be reflected in the architectural style, design, material, scale,
                                proportion, composition, mass, line, color, texture, detail, setback, landscaping
                                and related items of the proposed actions.         Actions proposed for historic
                                structures, districts, areas, and sites shall be undertaken in a manner that will
                                result in the least destruction of visual amenities --- with, for example, minimal
                                removal of trees --- and the greatest harmony with existing resources.

                                This policy shall not be construed to prevent the construction, reconstruction,
                                alteration, or demolition of any building, structure, earthwork, or component
                                thereof, of a recognized historic, cultural, or archaeological resource which has
                                been officially certified as being imminently dangerous to life or public health.
                                Nor shall the policy be construed to prevent the ordinary maintenance, repair, or
                                proper restoration, according to the U.S. Department of the Interior's Standards
                                for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, of any
                                building, structure, site or earthwork, or component thereof of a recognized
                                historic, cultural or archaeological resource which does not involve a significant
                                adverse change to the resource, as defined above.





                                                               111-36










              POLICY 24              PREVENT IMPAIRMENT OF SCENIC RESOURCES OF
                                     STATEWIDE SIGNIFICANCE, AS IDENTIFIED ON THE
                                     COASTAL AREA MAP. IIAPAIRMENT SHALL INCLUDE: 1)
                                     IRREVERSIBLE MODIFICATION OF GEOLOGIC FORMS, THE
                                     DESTRUCTION OR REMOVAL OF VEGETATION OR STRUC-
                                     TURES WHENEVER THE GEOLOGICAL FORM, VEGETATION
                                     OR STRUCTURE ARE SIGNIFICANT TO THE SCENIC QUALITY
                                     OF AN IDENTUIED RESOURCE; AND 11) THE ADDITION OF
                                     STRUCTURES WHICH BECAUSE OF SITING OR SCALE WILL
                                     REDUCE IDENTIFIED VIEWS OR WHICH BECAUSE OF SCALE,
                                     FORM OR MATERIALS WILL DEMMIUSH THE SCENIC QUALITY
                                     OR AN IDENTIFIED RESOURCE.


              Enlanation of Why Policy is Not Applicable

              No scenic resources of statewide significance have as yet been identified and listed in the
              Villages of Head-of-the-Harbor or Nissequogue.

              POLICY 25              PROTECT, RESTORE, OR ENHANCE NATURAL OR MANMADE
                                     RESOURCES WHICH ARE NOT IDENTIFIED AS BEING OF
                                     STATEWIDE SIGNIFICANCE BUT WHICH CONTRIBUTE TO
                                     THE OVERALL SCENIC QUALITY OF THE COASTAL AREA.

              E-Vianation of Polky

              The coastal area of the Villages of Nissequogue and Head-of-the-Harbor includes natural and
              historic features which in total comprise a diverse scenic resource of high quality.

              The topography of the coastal area creates not only opportunities for vistas but also provides
              backdrops of sloping, wooded hills which contrast with tidal flats, marshes and wetlands along
              Stony Brook Harbor and the Nissequogue River. On the northern boundary of the coastal area
              facing Smithtown Bay, the broad sweep of the Bay is fully visible from the Town beach on the
              Long Beach peninsula. Viewed from the beaches, the dramatic bluffs circling the Bay give it
              definition and create a vertical contrast to the flat expanses of beach and water. The bluffs along
              Smithtown Bay offer expansive vistas of the bay. Smithtown Bay is a protected area for
              swimming and boating. Porpoise Channel, the access to the Town and private marinas in Stony
              Brook Harbor, exits into Smithtown Bay. Consequently, views of the beaches and the bluffs
              from the water are important.

              Stony Brook Harbor is framed on three sides by gentle, wooded slopes, beaches and wetland
              habitats. The mouth of the harbor is characterized by tidal flats, wetlands and Youngs Island-set
              in a somewhat meandering channel leading to Smithtown Bay. Marinas, a boat basin, and a 600
              car parking lot are the principal man-made uses in this area. Viewed from the southern part of
              the harbor, this area is one of highly visible and intensive uses. While the marinas and boat
     0
                                                             111-37








                basin create some visual interest and color, the parking lot does detract from this scene. Small
                sailboats, windsurfers and other boats are active in the harbor and add not only color but
                movement to the scene. The views across the small enclosed area of Stony Brook Harbor from
                any point on its shoreline are unusual for tranquility, harmony, a blend of rural landscape
                backgroundwith a foreground of water and wetland marshes, and the unobtrusive but graceful
                presence of examples of.architecture which are, in many cases, historic in nature as well as of
                high aesthetic quality.

                The shoreline's irregular edges, marked by wetland vegetation, provides not only rich habitat
                areas, but also lends an ephemeral quality to the point where water blends into land. The tidal
                lands and wetland vegetation unifies the shoreline around the harbor.

                The largely deciduous woodlands surrounding the harbor offer a sense of enclosure. The trees
                give strong vertical contrast to the horizontal plane of the water in the winter, and soften the
                topography when the leaves are out. The trees screen most of the structures around the harbor
                and soften the lines of those which are visible.


                The residences surrounding the harbor, whether historic or more recent, are notable for their
                sensitive siting. There is a good relationship to topography, as well as subtle coloring, use of
                materials and shapes, which makes each contribute to the harmonious character of the harbor.

                These attractive water views of Stony Brook Harbor are accessible from many points on Head-
                of-the-Harbor Village roads and landings, specifically Cordwood Path, Harbor Road and the four
                Village landings. Harbor views from the Village of Nissequogue include expansive views across
                Porpoise Channel toward the southern end of the Harbor.

                The Nissequogue River corridor within the jurisdiction of the Village of Nissequogue offers a
                complex series of views ranging from isolated shady stretches to broad, quiet estuarine areas to
                dunes at its confluence with Long Island Sound.         The lower reaches of the river are
                characterized by steep banks, broad floodplains and a high degree of vegetative cover. The river
                widens substantially to become a full fledged estuarine system. As the river widens, vegetative
                enclosure of views lessens. Steep slopes continue to occur and large tidal wetland areas
                predominate at the water's edge. At the mouth of the river, the visual characteristics are
                complex, with dunes, broad tidal marshes and high escarpments. The entire length of the river
                corridor in the Village is heavily wooded with few structures visible from the water. The area
                of most visible manmade intrusion is the parking area at Short Beach Town Park. The views
                of the river looking toward the Village are of a highly natural and undisturbed corridor. The
                Nissequogue River has been designated as a Scenic and Recreational River. Within the Village,
                the river is classified as a Recreational River.

                Other landscape views, often including fine examples of historic architecture and gardens, are
                available from Village roads. In both Villages, roads can be characterized as narrow, winding
                country lanes. They are closely related to the topography. Wooded lands on both sides of the
                roads gives a sense of enclosure and opens up to more pastoral views of farm fields, open space


                                                            111-38









              and garden settings for large historic houses. The Mill Pond and Grist Mill on Harbor Road are
              additional historic resources which add character to the scenic environment of Head-of-the-
              Harbor.


              All these attributes are observable in any season, and the seasonal progression itself, in colors
              and emergent land shapes and wildlife population, is of great scenic interest. Stony Brook
              Harbor offers an overwhelming sense of naturalness, enclosure by woodlands, and diversity.

              In order to preserve this rural character and the expansive views of Stony Brook Harbor,
              Smithtown Bay and the Mill Pond, the following siting and facility-related guidelines are to be
              used to achieve this policy. Specific development standards set forth in 6 NYCRR Part 666,
              Statewide Wild, Scenic and Recreational Rivers System Regulations, shall apply within the
              designated Recreational River boundary of the Village of Nissequogue.

              Development    guidelines pertaining to lands within the Villages of Head-of-the-Harbor and
              Nissequogue,   outside of the designated Recreational River boundary, are as follows:

                      1)     Structures, including roads, power lines and signs shall be sited back from
                             shorelines or in other inconspicuous locations to maintain the attractive quality of
                             the shoreline and to retain views to and from the shore. In both Villages, all
                             structures, other than docks, shall be located no closer to Stony Brook Harbor
                             than one hundred (100) feet from mean high water or from the landward edge of
                             a bluff. No structure, other than a dock, shall be located within one hundred
                             (100) feet of the Stony Brook Mill Pond in the Village of Head-of-the-Harbor.

                      2)     Structures shall be oriented to retain views, save open space and provide visual
                             organization to a site.

                      3)     Structures shall not exceed thirty-four (34) feet in height as measured from the
                             finished grade to the highest point on the roof for flat roofs, to the deck line for
                             mansard roofs, and to mean height between eaves and ridge for gable, hip and
                             gambrel roofs. Accessory structures shall not exceed eighteen (18) feet in height.

                             The overall site topography and vegetative density and type shall be retained and
                             maintained to the maximum extent during and after site development.

                      4)     The maximum ground floor area of a residential structure shall not exceed 2000
                             square feet per two (2) acres. The maximum ground floor area may be exceeded
                             provided that for each five hundred (500) square feet of additional ground floor
                             area, an additional one-half acre is added to the required minimum lot size.

                      5)     No trees or other vegetation shall be removed from any public place unless the
                             Board of Architectural Review has determined that the visual values of the area
                             will not be adversely affected or that suitable mitigation shall be provided.


                                                             111-39








                        6)      Removal or destruction of trees and other vegetative cover on private property
                                shall not exceed twenty-five percent (25%) of the total vegetative cover on the
                                property nor shall any tree or other vegetation be removed within twenty-five (25)
                                feet of any property line without the review and expressed approval of the
                                Village.

                        7)      If open land without roadside trees is developed, trees at least two (2) inches in
                                diameter and of a similar type to trees in the immediate vicinity, shall be planted
                                along the Village road within ten (10) feet of the Village right-of-way to maintain
                                the rural character of the Village.

                        8)      The mass, shape, color, reflective qualities, and texture of materials to be used
                                in a structure shall be a harmonious complement to adjacent properties, the
                                overall site topography and vegetative composition from roads, water or opposite
                                shoreline.


                        9)      In the Long Beach Town Park, the Town of Smithtown is encouraged to provide
                                native dune environment vegetation around the perimeter of parking lots to filter
                                runoff and to screen cars.


                        10)     In the Long Beach Town Park, the Town of Smithtown is encouraged to use
                                natural materials for bollards, tire stops, lighting standards, trash receptacles and
                                structure sidings. In addition, structures should be sensitively designed in terms
                                of materials, colors and building mass and sited in relationship to the topography.     0
                                Signage should be controlled and minimized in terms of size and number of signs.
                                Use of natural materials and creative graphics is encouraged.

                        11)     Wherever they occur, degrading or deteriorated elements, either man-made or
                                vegetative, should be removed, screened or otherwise mitigated.

                        12)     Historic structures and landscapes shall be retained, if practicable, as an important
                                component ofthe visual environment.

                In addition to the above guidelines, the following development standards, drawn from 6 NYCRR
                666, shall apply within the designated Recreational River boundary of the Nissequogue River
                within the Village of Nissequogue:

                        1)      If required under Part 666, all persons shall obtain a rivers system permit prior
                                to any land development, as defined in Part 666.

                        2)      New structures other than fences, poles, docks, bridges, water access parking
                                areas, boat launching sites, and agricultural use structures shall be constructed
                                beyond either:



                                                               111-40









                               a.      the limit of the 100 year flood plain as determined by the federal
                                       insurance administrator pursuant to the national flood insurance program;
                                       or

                               b.      one hundred fifty (150) feet from the mean high water mark, whichever
                                       distance is greater.

                       3)      New structures constructed within five hundred (500) feet of the mean high water
                               mark of the river except fences, poles, docks, bridges, fishermen parking areas,
                               boat launching sites, and agricultural use structures shall be screened by
                               vegetation or topographic features from the view of persons who may on the
                               river.


                               No new structure shall exceed thirty-four (34) feet in height as measured from the
                               lowest point of grade elevation of the structure to the highest point of the
                               structure, except for utility poles (see 6 NYCRR Part 666.3).

                       4)      New structures shall be designed and developed in such a manner as to prevent
                               significant erosion or direct runoff to the river.

                       5)      Bridges spanning the Nissequogue River are not permitted on land within the
                               jurisdiction of the Village of Nissequogue.

                       6)      Any new dock, boat launching site, or water access parking area shall not impede
                               the natural flow of the river, and shall be so designed and developed as to
                               minimize its intrusion, if any, into the river.

                       7)      Residential lots shall be at least two (2) acres, and if the lot fronts on the river,
                               the shoreline frontage shall be at least two hundred (200) feet.

                       8)      No new public or private road shall be located inside or within five hundred (500)
                               feet of the mean high water mark.

                       9)      If there is no other vehicular access to a new or existing land use or development,
                               a new private road may be allowed with a permit only if the road is not open to
                               the general public, if it is located at all points at least as far from the river as the
                               land use or development to which it will provide access, and if it is not located
                               inside or within one hundred (100) feet of the mean high water mark.

                       10)     Any new public or private road or trail and any new bridge associated with such
                               road or trial, and running generally parallel to and not spanning the river, shall
                               be located, designed and constructed to minimize its visibility from the river, to
                               minimize alteration of the environment and avoid undue adverse environment




                                                               111-41








                               impact, and shall be effectively restricted to those uses specified, by the person
                               undertaking the action.

                        11)    Any bridge associated with a new trial (not spanning the river) shall be
                               constructed of naturally occurring materials such as wood and stone, to the extent
                               feasible.


                        12)    River crossings by public utilities shall be located only where impacts to the
                               scenic qualities of the river are minimized and, to the extent feasible, shall be
                               confined to those points where crossings already exist. In no case shall such
                               crossings be closer than two (2) miles.

                        13)    All structures connected with a utility use shall be located, designed and
                               constructed to avoid adverse environmental impact and to minimize visibility from
                               the river and from other parts of the river area.

                        14)    Forestry practices, including the harvesting of a forest woodland or plantation or
                               other types of cuttings planned as part of a deliberate forest management
                               program, and support structures such as roads, skidways and logging landings are
                               prohibited in the Village of Nissequogue. Conservation practices, including
                               removal of diseased, dead or rotten trees or other vegetation that pose a safety or
                               health hazard, may be undertaken in a responsible manner inside or within one
                               hundred (100) feet of the mean high water.

                        15)    Selected and dispersed cutting of vegetation shall be allowed to the extent
                               necessary to create a view of the river from any new structure or from any
                               lawfully existing structure lacking such a view, where cutting would cause no
                               undue adverse environmental impact, particularly with respect to the stability of
                               the river bank and the aesthetic character of the river shoreline and where
                               adequate screening of the structures from the view of persons who may be on the
                               river is provided and maintained. Trees to be removed shall not, however,
                               exceed eight (8) inches in diameter unless their removal has been approved by the
                               Village Planning Board. Trees removed shall not exceed 25 % of the tree cover
                               on a parcel and no healthy tree shall be removed within 25 feet of a property line
                               without permission from the Village.

                               (See Policies 7,11,14,23,44)


                POLICY 26             TO CONSERVE AND PROTECT AGRICULTURAL LANDS IN THE
                                      STATE'S COASTAL AREA, AN ACTION SHALL NOT RESULT IN
                                      LOSS, NOR EAPAIR THE PRODUCTIVITY, OF PUPORTANT
                                      AGRICULTURAL LANDS, AS IDENTIFIED ON THE COASTAL
                                      AREA MAP, IF THAT LOSS OR UVIPAHMENT WOULD


                                                              111-42









                                     ADVERSELY AFFECT THE VIABILITY OF AGRICULTURE IN
                                     AN AGRICULTURAL DISTRICT OR IF THERE IS NO
                                     AGRICULTURAL DISTRICT, IN AN AREA SURROUNDING SUCH
                                     LANDS.


              Explanation of Policy

              Nearly 216 acres or 13% of the Village of Head-of-the-Harbor and 88 acres or 4% of the
              Village of Nissequogue are classified as active agricultural land. Land under cultivation in the
              two Villages is unique and often prime, agricultural soil. Horse farms predominate in the
              Village of Nissequogue, while there are vegetable growers in the Village of Head-of-the-Harbor.
              The Perry Farm, between State Route 25A and Shep Jones Lane in the Village of Head-of-the-
              Harbor, is preserved under the Suffolk County Farmland Preservation Program. There are no
              agricultural districts or lands under individual commitment pursuant to Article 25AA of the
              Agriculture and Markets Iaw.

              Development pressures and high market values for land have been the primary cause of the
              decreasing agricultural acreage in both Villages. The agricultural land which remains benefits
              the Villages as sources of open space, as reminders of their agricultural history, and as
              producers of fresh crops and animal services which directly benefit the local residents and
              economy.

              In order to encourage the retention of and the- active farming of the remaining agricultural land
              the following development standards shall apply wherever possible:

                      1)     Within the Village of Head-of-the-Harbor:

                             a.      Active and prime agricultural soils are environmentally significant areas.
                                     On parcels of at least ten (10) acres which are part of an active farm, the
                                     siting of residential development in a manner to promote the retention of
                                     open space shall be preferred and encouraged. Land in the Suffolk
                                     County Preservation Program, in conservation or other easements, or
                                     under forms of reservation shall not be included when calculating the
                                     density yield of the parcel.

                             b.      Any portion of a parcel to be reserved for continued agricultural use shall
                                     be that part most suited for agriculture in terms of soil capability, slope,
                                     proximity to roads, and configuration for efficient farm production, the
                                     determination to be made in consultation with the Suffolk County
                                     Cooperative Extension and the Soil Conservation Service.

                             C.      Where separate agricultural parcels abut, or are in close proximity,
                                     development proposals shall be designed so that a contiguous, efficient
                                     agricultural parcel results, or movement of machinery is minimized.


                                                            111-43








                               d.      Landscape buffering shall be required at the periphery of the residential
                                       use area abutting the agricultural use parcel to minimize disruption of both
                                       land uses.


                       2)      Within the Village of Head-of-the-Harbor and the Village of Nissequogue:

                               a.      No person shall cut fences, dump trash, garbage or waste material,
                                       destroy field crops or produce, harass farm animals or otherwise interfere
                                       with a farm business.


                               b.      Prior to issuance of subdivision approval, involved public agencies and the
                                       property owner shall consult with private foundations, land trusts and
                                       organizations and the Suffolk County Farmland Preservation Program to
                                       ensure that all efforts to maintain the entire parcel in agricultural
                                       production have been explored and that no option other than subdivision
                                       and partial conversion remains. In order to make this consultation
                                       requirement less burdensome on the applicant, the Villages shall identify
                                       appropriate organizations and establish potential acquisition scenarios for
                                       existing agricultural lands.



                ENERGY AND ICE MANAGEMENT POLICIES


                POLICY 27              DECISIONS ON THE SITING AND CONSTRUCTION OF MAJOR
                                       ENERGY FACILITIES IN THE COASTAL AREA WILL BE BASED
                                       ON PUBLIC ENERGY NEEDS, COMPATIBILITY OF SUCH
                                       FACILITIES WITH THE ENVIRONMENT, AND THE FACILITY'S
                                       NEED FOR A SHOREFRONT LOCATION.


                Expjanation Qf Policy

                Demand for energy in New York will increase, although at a rate slower than previously
                predicted.   The State expects to meet these energy demands through a combination of
                conservation measures; traditional and alternative technologies; and use of various fuels,
                including coal, in greater proportion.

                A determination of public need for energy is the first step in the process for siting any new
                facilities. The directives for determining this need are set forth in the New York State Energy
                Law. With respect to transmission lines and steam electric generating facilities, Articles VII and
                VIII of the State's Public Service Law require additional forecasts and establish the basis for
                determining the compatibility of these facilities with the environment and the necessity for a
                shorefront location. The policies derived from the siting regulations under these Articles are
                entirely consistent with the general coastal zone policies derived from other laws, particularly
                the regulations promulgated pursuant to the Waterfront Revitalization and Coastal Resources Act.


                                                              111-44








              That Act is used for the purposes of ensuring consistency with the State Coastal Management
              Program and this Local Waterfront Revitalization Program.

              In consultation with the Villages of Head-of-the-Harbor and Nissequogue, the Department of
              State will comment on the State Energy Office policies and planning reports as may exist;
              present testimony for the record during relevant certification proceedings under Articles VII and
              VIH of the PSL; and use the State SEQRA and DOS regulations to ensure that decisions on
              other proposed energy facilities (other than transmission facilities and steam electric generating
              plants) which would impact the waterfront area are made consistent with the policies and
              purposes of the Villages of Head-of-the-Harbor and Nissequogue Local Waterfront Revitalization
              Program.

              The siting and construction of major energy facilities in the Villages of Head-of-the-Harbor and
              Nissequogue is impracticable and inappropriate given the topography, difficult access and
              shallow waters; the low intensity residential use of all Village areas, and the Villages' character
              and physical sensitivity to development constraints. The construction of major energy facilities
              in the Villages would cause irreversible harm to the Village waterfront areas of Stony Brook
              Harbor, the Nissequogue River, or Smithtown Bay.

              POLICY 28              ICE MANAGEMENT PRACTICES SHALL NOT DAMAGE
                                     SIGNMCANT FISH AND WILDLIFE AND THEIR HABITATS,
                                     INCREASE SHORELINE EROSION OR FLOODING, OR
                                     INTERFERE WITH THE PRODUCTION OF HYDROELECTRIC
                                     POWER.


              Explanation of Why Policy is Not Applicable

              Ice management is not currently undertaken in the coastal area of the Villages of Head-of-the-
              Harbor and Nissequogue.

              POLICY 29              ENCOURAGE THE DEVELOPMENT OF ENERGY RESOURCES
                                     ON THE OUTER CONTINENTAL SHELF, IN LAKE ERIE AND IN
                                     OTHER WATER BODIES9 AND ENSURE THE ENVIRONMENTAL
                                     SAFETY OF SUCH ACTIVITIES.


              Explanation of Policy

              The Villages of Nissequogue and Head-of-the-Harbor concur with this policy and encourage
              development of indigenous energy sources in those areas where it is environmentally safe and
              appropriate.







                                                            111-45










                WATER AND AIR RESOURCES POLICIES


                POLICY 30             MUNICIPAL, INDUSTRIAL, AND COMMERCIAL DISCHARGE
                                      OF POLLUTANTS, INCLUDING BUT NOT LIMITED TO, TOXIC
                                      AND HAZARDOUS SUBSTANCES, INTO COASTAL WATERS
                                      WELL CONFORM TO STATE AND NATIONAL WATER QUALITY
                                      STANDARDS.


                Explanation of Pofigj

                Municipal, industrial and commercial discharges include not only "end-of-the-pipe" discharges
                into surface and groundwater but also plant site runoff, leaching, spillages, sludge and other
                waste disposal, and drainage from raw material storage sites. Also, the regulated industrial
                discharges are both those which directly empty into receiving coastal waters and those which
                pass through municipal treatment systems before reaching the State's waterways.

                POLICY 31             STATE COASTAL AREA POLICIES AND PURPOSES OF
                                      APPROVED LOCAL WATERFRONT REVITALIZATION
                                      PROGRAMS WILL BE CONSIDERED WHILE REVIEWING
                                      COASTAL WATER CLASSIFICATIONS AND WHILE MODIF`YING
                                      WATER QUALITY STANDARDS; HOWEVER, THOSE WATERS
                                      ALREADY OVER-BURDENED WITH CONTAMINANTS WILL BE
                                      RECOGNIZED AS BEING A DEVELOPMENT CONSTRAINT.


                E
                 "lanation of Polky

                Pursuant to the Federal Clean Water Act of 1977 (PL 95-217) the State has classified its coastal
                and other waters in accordance with considerations of best usage in the interest of the public and
                has adopted water quality standards for each class of waters. These classifications and standards
                are r'eviewable at least every three years for possible revision or amendment. The Nissequogue
                River is presently classified as an SC waterbody and is closed to shellfishing due to E. coli
                contamination from stormwater runoff. Stony Brook Harbor is at present classified as an SA
                waterbody, suitable for shellfishing in designated sections.

                The goal of the Villages' Local Waterfront Revitalization Program is to maintain the quality of
                Stony Brook Harbor by controlling runoff, sedimentation and waste discharge from vessels.
                Consequently, the SA classification should be maintained.

                Runoff control standards, provision of adequate pumpout facilities, and boater education will
                help to improve the quality of the Nissequogue River.

                POLICY 32             ENCOURAGE THE USE OF ALTERNATIVE OR INNOVATIVE
                                      SANITARY WASTE SYSTEMS IN SMALL COMMUNrITES
                                      WHERE THE COSTS OF CONVENTIONAL FACILITIES ARE


                                                              111-46









                                    UNREASONABLY HIGH, GIVEN THE SIZE OF THE EXISTING
                                    TAX BASE OF THESE CONMUNITIES.


              Explanation of Policy

              Alternative systems include individual septic tanks and other subsurface disposal systems, dual
              systems, small systems serving clusters of households or commercial users, and pressure or
              vacuum sewers. These types of systems are often more cost effective in smaller less densely
              populated communities and for which conventional facilities are too expensive.

              There is no sewerage system within the Villages. All waste disposal systems are privately
              owned on-site cesspools and septic tanks which are approved by the Suffolk County Department
              of Health.


              The Villages recognize that such sanitary systems are potential sources of ground and surface
              water pollution, however, they lack the authority to approve innovative systems. Currently, no
              innovative systems are approved for use within Suffolk County. The Villages will urge the
              County to explore suitable alternative systems for coastal communities.

              The Villages will request the Suffolk County Department of Health to schedule periodic
              inspections of existing septic systems and cesspools to ensure that they are functioning to the
              highest level to reduce the potential for contamination of water supplies and habitats.

              POLICY 33             BEST MANAGEMENT PRACTICES SHALL BE USED TO ENSURE
                                    THE CONTROL OF STORMWATER RUNOFF AND COMMMED
                                    SEWER OVERFLOWS DRA1114ING INTO COASTAL WATERS.


              Explanation of Policy

              Best management practices include both structural and non-structural methods of preventing or
              mitigating pollution caused by the discharge of stormwater runoff and combined sewer
              overflows. At present, structural approaches to controlling stormwater runoff (e.g., construction
              of retention basins) and combined sewer overflows (e.g., replacement of combined system with
              separate sanitary and stormwater collection systems) are not economically feasible. Proposed
              amendments to the Clean Water Act, however, will authorize funding to address combined sewer
              overflows in areas where they create severe water quality impacts. Until funding for such
              projects becomes available, non-structural approaches, such as improved street cleaning and
              reduced use of road salt, will be encouraged.

              The following guidelines and techniques shall be used in managing stormwater runoff in the
              Villages of Head-of-the-Harbor and Nissequogue in order to prevent degradation of the coastal
              waters and landscape:




                                                           111-47








                        1)     There shall be no direct discharge of stormwater runoff to surface waters,
                               marshes, and wetlands. Stormwater pollutants shall be attenuated by using
                               holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas
                               and other measures that reduce flow velocity and increase storage time. Water
                               discharge from these systems shall be of acceptable quality before discharge into
                               wetlands and surface waters. In addition, any filtering devices constructed as part
                               of the drainage system must be adequately maintained in order to function
                               properly.

                        2)     During the construction period, disposal of stormwater runoff generated by
                               development activity shall be handled on-site. Baling, mulching, use of fibrous
                               cover materials or similar measures shall be used to contain soil erosion on the
                               site.


                        3)     All projects, regardless of the area of groundcover removal and/or grading, shall
                               retain a natural vegetative buffer zone along waterbodies, including wetlands and
                               marshes, which will confine visible siltation to the 25 % of the buffer zone nearest
                               to any land disturbing activity. If necessary, other forms of erosion control
                               measures will also be included.


                        4)     Natural land features such as shallow depressions shall be used, wherever
                               possible, to collect stormwater on-site for recharge. Under no circumstances
                               however shall such a feature be used if subsurface conditions cause a stagnate
                               pool to develop.

                        5)     Site designs shall reduce impermeable paving.

                        6)     Reconstruction of Village roads shall result in stabilized road shoulders which
                               eliminate or mitigate current erosion problems.         To the maximum extent
                               practicable, vegetation shall be used as a stabilizer and method of filtering and
                               slowing stormwater flow from road surfaces.

                        7)     The use of de-icing salts on roads shall be reduced.

                        (See Policies 7,14,37,44)

                POLICY 34             DISCHARGE OF WASTE MATERIALS INTO COASTAL WATERS
                                      FROM VESSELS WILL BE LIMITED SO AS TO PROTECT
                                      SIGNIFICANT FISH AND WILDLIFE HABITATS,
                                      RECREATIONAL AREAS, AND WATER SUPPLY AREAS.







                                                              111-48









              Expianation of Policy

              The discharge of sewage, garbage, rubbish, and other solid and liquid materials from watercraft
              and marinas into the State's waters is regulated. Priority will be given to enforcement in areas
              such as shellfish beds and other significant habitats, beaches, and public water supply intakes,
              which need protection from contamination by vessel wastes. Specific effluent standards for
              marine toilets have been established in the Clean Water Act of 1977 (33 USCA 1322) and is
              enforced by the U.S. Coast Guard.

              Due to the sensitivity of the Nissequogue River and Stony Brook Harbor as habitats and
              recreation areas and to the physical constraints which prevent adequate flushing, it is critical that
              discharge or dumping of any material be prohibited. The Towns of Smithtown and Brookhaven
              are encouraged to install or require installation of adequate pumpout facilities. Pumpout
              facilities shall be required of private marinas under the jurisdiction of the Villages without delay.
              Violations of Federal waste discharge regulations are increasing in frequency and noticeability
              with the result that shellfish beds in the coastal waters of Head-of-the-Harbor and Nissequogue
              are closed for harvesting.

              (See Policies 6,7,31,44)

              POLICY 35              DREDGING AND DREDGE SPOIL DISPOSAL IN COASTAL
                                     WATERS WELL BE UNDERTAKEN IN A MANNER THAT MEETS
                                     EXISTING STATE DREDGING PERMIT REQUIREMENTS, AND
                                     PROTECTS SIGNIFICANT FISH AND WILDLIFE HABITATS,
                                     SCENIC RESOURCES, NATURAL PROTECTIVE FEATURES,
                                     IMPORTANT AGRICULTURAL LANDS, AND WETLANDS.

              POLICY 35A             NO DREDGING SHALL OCCUR WITHOUT A COMPREHENSIVE
                                     DREDGING PLAN BASED UPON DETAILED HYDRAULIC AND
                                     ENVIRONMENTAL ANALYSIS.


              POLICY 35B             DREDGE SPOIL DISPOSAL SHALL BE UNDERTAKEN IN A
                                     MANNER WHICH DOES NOT RESULT IN THE INTRODUCTION
                                     OR REINTRODUCTION OF DREDGED MATERIAL INTO STONY
                                     BROOK HARBOR OR THE NISSEQUOGUE RIVER.

              Explanation of Policy

              In Stony Brook Harbor and the Nissequogue River, the need for dredging is limited because
              navigational needs do not extend beyond recreational boats reaching existing marinas. The 1977
              Suffolk County Regional Marine Resources Council Dredging Advisory Committee excluded
              Stony Brook Harbor inlet from consideration for dredging. Past dredging activities have resulted
              in adverse environmental impacts including disruption of habitats, changes in tidal range, and
              accelerated siltation, especially at the head of Stony Brook Harbor, and destruction of wetlands.


                                                             111-49








                The Villages of Nissequogue and Head-of-the-Harbor joined New York State, Suffolk County
                and the Sea Grant Institute in financing the development of a predictive model to test the impact
                of dredging proposals on Stony Brook Harbor. Future dredging projects reviewed, approved,
                funded or undertaken by New York State, the Town of Smithtown, the Town of Brookhaven or
                Suffolk County should be undertaken in a manner consistent with a comprehensive dredging plan
                based on this jointly-financed predictive model. A similar predictive model should be developed
                for the Nissequogue River.

                The comprehensive dredging plan shall be premised on maintaining a balance among
                environmental quality, social and cultural values, and economic uses. In order to fully evaluate
                the impacts of proposed dredging options, and to minimize and mitigate adverse effects, the
                dredging plan shall incorporate the predictive model developed by the Marine Sciences Research
                Center, SUNY - Stony Brook, and described in "Prediction of Tidal Hydraulics and Sediment
                Transport Patterns in Stony Brook Harbor", Moon-Jin Park, August 1985. In addition, the
                dredging plan shall incorporate a limitation on boat drafts and the use of bathymetric surveys
                as means of minimizing large-scale dredging and its adverse effects.

                The dredging plan should also minimize the duration and frequency of dredging. It should
                minimize the changes in tidal range. It should also minimize impacts away from areas needed
                for boat access to existing marinas which are being dredged.

                There is a one-third rate of return of dredge material to Stony Brook Harbor resulting from
                improper disposal on wetlands and on Young's Island. Any future disposal of dredge material
                shall not be located on wetlands within the ownership or jurisdiction of either Village. Dredge
                spoil disposal shall not occur on Young's Island or on other lands bordering Stony Brook
                Harbor. Appropriate disposal methods shall be contained in the dredging plan.

                Within the Village of Nissequogue, no dredged material shall be deposited in a manner which
                causes it to be reintroduced into the Nissequogue River or causes erosion and sloughing of the
                receiving land.

                Use of the dredged material which is of suitable quality and characteristics for beach
                nourishment is encouraged, provided it does not hasten the need for redredging.

                (See Policy 15)

                POLICY 36             ACTIVITIES RELATED TO THE SHIPMENT AND STORAGE OF
                                      PETROLEUM AND OTHER HAZARDOUS MATERIALS WELL BE
                                      CONDUCTED IN A MANNER THAT WILL PREVENT OR AT
                                      LEAST MINIMIZE SPILLS INTO COASTAL WATERS; ALL
                                      PRACTICABLE EFFORTS WELL BE UNDERTAKEN TO
                                      EXPEDITE THE CLEAN-UP OF SUCH DISCHARGES; AND
                                      RESTITUTION FOR DAMAGE WILL BE REQUIRED WHEN
                                      THESE SPILLS OCCUR.


                                                             111-50









              Explanation of Policy

              Hazardous wastes are unwanted by-products of manufacturing processes generally characterized
              as being flammable, corrosive, reactive or toxic. More specifically, hazardous waste is defined
              in Environmental Conservation Law (Section 27-0901 (3)) as "waste or combination of wastes
              which because of its quantity, concentration, or physical, chemical or infectious characteristics
              may: (1) cause, or significantly contribute to an increase in mortality or an increase in serious
              irreversible, or incapacitating reversible illness; or (2) pose a substantial present or potential
              hazard to human health or the environment when improperly treated, stored, transported,
              disposed or otherwise managed. The list of DEC defined hazardous wastes is provided in 6
              NYCRR Part 371.


              Commercial and industrial uses which would involve the manufacture, storage or shipment of
              petroleum and hazardous wastes are prohibited by the respective zoning laws of the Villages of
              Head-of-the-Harbor and Nissequogue.

              Delivery of domestic fuel oil done in a workmanlike manner is not deemed to pose a threat to
              coastal waters.


              Increasing use of diesel fuel in marinas can cause water quality problems if not stored and
              transferred properly.

              POLICY 37             BEST MANAGEMEENT PRACTICES WILL BE UTILIZED TO
                                    MINE@HZE THE NON-POINT DISCHARGE OF EXCESS
                                    NUTRIENTS, ORGANICS, AND ERODED SOILS INTO COASTAL
                                    WATERS.


              Explanation of Policy

              Best management practices used to reduce these sources of pollution could include, but are not
              limited to, encouraging organic gardening and pest management in reference to chemical
              fertilizers and pesticides; soil erosion control; surface drainage control; and erosion control
              practices on construction projects as described under Policies 14 and 33.

              In residential areas such sources of pollution are usually connected with lawn and garden
              maintenance. The use of pesticides, herbicides and organic compounds which can degrade
              surface and groundwater quality will be discouraged through public education programs and by
              encouraging the use of landscape materials which are native to Long Island. (See Policies
              5,7,8,14 & 23)

              POLICY 38             THE QUALITY AND QUANTITY OF SURFACE WATER AND
                                    GROUND WATER SUPPLIES WILL BE CONSERVED AND
                                    PROTECTED, PARTICULARLY WHERE SUCH WATERS
     0                                                      111-51










                                      CONSTITUTE THE PRIMARY OR SOLE SOURCE OF WATER
                                      SUPPLY.


                Explanation of Poligy

                Surface and groundwater are the principal sources of drinking water in the State, and therefore
                must be protected. Since Long Island's groundwater supply has been designated a sole source
                aquifer, all actions must be reviewed relative to their impacts on Long Island's groundwater
                aquifers.

                The Villages of Head-of-the-Harbor and Nissequogue, by exercising a policy of low density
                zoning, and of strict control over the siting of structures, have established practices of
                conservation and protection of groundwater supplies. As nearly all the domestic water supplies
                in the Villages are derived from private wells, the need for such conservation practices is self-
                evident. Therefore, the current (1 and 2 acre) minimum lot size specified in the zoning
                ordinances of both Villages will be retained.

                Neither Head-of-the-Harbor nor Nissequogue has a municipal sewerage system. However, the
                likelihood of pollution of coastal waters due to septic system leachate is mitigated by the large
                minimum lot size, prohibition against location of any part of an individual waste disposal system
                within 150 feet of mean high water or within 150 feet of any non-tidal waterbody, and
                prohibition against locating a septic system in areas having a seasonal high water table of less
                than three (3) feet.

                (See Policies 5,7,8,11,14,23,37,44)

                POLICY 39             THE TRANSPORT, STORAGE9 TREATMENT AND DISPOSAL OF
                                      SOLID WASTES, PARTICULARLY HAZARDOUS WASTES,
                                      WITHIN COASTAL AREAS WELL BE CONDUCTED IN SUCH A
                                      MANNER SO AS TO PROTECT GROUNDWATER AND SURFACE
                                      WATER SUPPLIES, SIGNIFICANT FISH AND WILDLIFE
                                      HABITATS, RECREATION AREAS, IMPORTANT
                                      AGRICULTURAL LANDS AND SCENIC RESOURCES.


                EMIanation of Poligy

                The definitions of terms "solid waste" and "solid waste management facilities" are taken from
                New York's Solid Waste Management Act (Environmental Conservation Law, Article 27). Solid
                wastes include sludges from air or water pollution control facilities, demolition and construction
                debris and industrial and commercial wastes.


                Hazardous wastes are unwanted by-products of manufacturing processes generally characterized
                as being flammable, corrosive, reactive, or toxic. More specifically, "waste is defined in
                Environmental Conservation Law (Section 27-0901 (3)) as waste or combination of wastes which


                                                            1 111-52








              because of its quantity, concentration, or physical, chemical or infectious characteristics may:
              (1) cause, or significantly contribute to an increase in mortality or an increase in serious
              irreversible, or incapacitating reversible illness; or (2) pose a substantial present or potential
              hazard to human health or the environment when improperly treated, stored, transported,
              disposed or otherwise managed." A list of hazardous wastes is contained in 6 NYCRR 371.

              Examples of solid waste management facilities include resource recovery facilities, sanitary
              landfills and solid waste reduction facilities. Although a fundamental problem associated with
              the disposal and treatment of solid wastes is the contamination of water resources, other related
              problems may include: filling of wetlands and littoral areas, atmospheric loading, and
              degradation of scenic resources.

              Facilities for the handling, storage, treatment and disposal of solid wastes are currently
              prohibited under the zoning regulations or other applicable local laws of the Villages of
              Nissequogue and Head-of-the-Harbor. Local regulations shall not be amended to introduce such
              uses.


              Transshipment of wastes through the Villages will be undertaken in a manner which complies
              with applicable County and State laws.

              (See Policies 1,5,7,8,25,38,44)

              POLICY 40              EFFLUENT DISCHARGED FROM MAJOR STEAM ELECTRIC
                                     GENERATING AND INDUSTRIAL FACILITIES INTO COASTAL
                                     WATERS WILL NOT BE UNDULY INJURIOUS TO FISH AND
                                     WILDLIFE AND SHALL CONFORM TO STATE WATER
                                     QUALITY STANDARDS.

              Explanation of Polic

              The State Board on Electric Generation Siting and the Environment must consider a number of
              factors when reviewing a proposed site for facility construction. One of these factors is that the
              facility "not discharge any effluent that will be unduly injurious to the propagation and protection
              of fish and wildlife, the industrial development of the State, the public health, and public
              enjoyment of the receiving waters. " The effects of thermal discharges on water quality and
              aquatic organisms will be considered by the siting board when evaluating an applicant's request
              to construct a new steam electric generating facility.

              POLICY 41              LAND USE OR DEVELOPMENT IN THE COASTAL AREA WILL
                                     NOT CAUSE NATIONAL OR STATE AIR QUALITY STANDARDS
                                     TO BE VIOLATED.






                                                             111-53








                Enlanation of Polia

                New York's Coastal Management Program incorporates the air quality policies and programs
                developed for the State by the Department of Environmental Conservation pursuant to the Clean
                Air Act and State Laws on air quality. The requirements of the Clean Air Act are the minimum
                air quality control requirements applicable within the coastal area.

                To the extent possible, the State Implementation Plan will be consistent with coastal lands and
                water use policies. Conversely, coastal management guidelines and program decisions with
                regard to land and water use and any recommendations with regard to specific sites for major
                new or expanded industrial, energy, transportation, or commercial facilities will reflect an
                assessment of their compliance with the air quality requirements of the State Implementation
                Plan.


                The Department of Environmental Conservation will allocate substantial resources to develop
                a regulatory and management program to identify and eliminate toxic discharges into the
                atmosphere. The State's Coastal Management Program will assist in coordinating major toxic
                control programming efforts in the coastal regions and in supporting research on the multi-media
                nature of toxics and their economic and environmental effects on coastal resources.


                POLICY 42              COASTAL MANAGEMENT POLICIES WILL BE CONSIDERED 1[F
                                       THE STATE RECLASSIFIES LAND AREAS PURSUANT TO THE
                                       PREVENTION OF SIGNIFICANT DETERIORATION
                                       REGULATIONS OF THE FEDERAL CLEAN AIR ACT.


                Explanation of Policy

                The policies of the State and the Villages' Local Waterfront Revitalization Program concerning
                proposed land and water uses and the protection and preservation of special management areas
                will be taken into account prior to any action to change prevention of significant deterioration
                land classifications in coastal regions oradjacent areas. In addition, the Department of State will
                provide the Department of Environmental Conservation with recommendations for proposed
                prevention of significant deterioration land classification designations based upon State and local
                coastal management programs.

                POLICY 43              LAND USE OR DEVELOPMENT IN THE COASTAL AREA MUST
                                       NOT CAUSE THE GENERATION OF SIGNIFICANT AMOUNTS
                                       OF THE ACID RAIN PRECURSORS: NITRATES AND SULFATES.


                EUlanation of Poligy

                The New York Coastal Management Program incorporates the State's policies on acid rain. As
                such, the Coastal Management Program will assist in the State's efforts to control acid rain.



                                                              111-54








               These efforts to control acid rain will enhance the continued viability of coastal fisheries,
               wildlife, agricultural, scenic and water resources.

               POLICY 44               PRESERVE AND PROTECT TIDAL AND FRESHWATER
                                       WETLANDS AND PRESERVE THE BENEFITS DERIVED FROM
                                       THESE AREAS.


               POLICY 44A              PROTECT AND PRESERVE LOCALLY IMPORTANT
                                       FRESHWATER WETLANDS NOT UNDER STATE PROTECTION
                                       FROM DEVELOPMENT OR ENCROACHMENT.


               POLICY 44B              THE LOCATION AND CONSTRUCTION OF DOCKS AND PIERS
                                       SHALL MINIMIZE DISTURBANCE OF TIDAL WETLANDS AND
                                       HABITATS.


               POLICY 44C              BOAT TRAFFIC IN WATERS ADJACENT TO TIDAL WETLANDS
                                       SHALL NOT RESULT IN DISTURBANCE TO OR DESTRUCTION
                                       OF WILDLIFE HABITATS.


               Explanation of Policy

               Tidal wetlands include the following ecological zones: coastal fresh marsh; intertidal marsh;
               coastal shoals, bars and flats; littoral zone; high marsh or salt meadow; and formerly connected
               tidal wetlands. These tidal wetland areas are officially delineated on the Department of
               Environmental Conservation's Tidal Wetlands Inventory Map.

               Freshwater wetlands include marshes, swamps, bogs, and flats supporting aquatic and semi-
               aquatic vegetation and other wetlands so defined in the N.Y. S. Freshwater Wetlands Act and the
               N.Y.S. Protection of Waters Act.


               The benefits derived from the preservation of tidal and freshwater wetlands include, but are not
               limited to :


               -      habitat for wildlife and fish, including a substantial portion of the State's commercial fin
                      and shellfish varieties; and contribution to associated aquatic food chains;
               -      erosion, flood and storm control;
               -      natural pollution treatment;
               -      groundwater protection;
               -      recreational opportunities;
               -      educational and scientific opportunities; and
               -      aesthetic open space in many otherwise densely developed areas.





                                                               111-55









               In evaluating development proposals within or adjacent to tidal or freshwater wetlands, the
               following standards and criteria shall be applied:.

                       1)     Stormwater runoff shall not be directly discharged into wetlands.

                       2)     All wetland vegetation shall be maintained. Dredging and site construction should
                              not disturb tidal wetlands either by direct removal of vegetation or substrate, or
                              by the alteration of adjacent slopes that would undermine the stability of the
                              substrate.


                       3)     Subsurface sediments shall be maintained to provide structural support for' the
                              soils of the wetlands.


                       4)     The elevation of the wetland shall not be altered.

                       5)     Pollutants shall not be discharged into wetlands.

                       6)     No wetland buffer zone vegetation shall be disturbed by grading, erosion,
                              sedimentation, or direct removal of vegetation. This wetland buffer zone extends
                              a minimum of 100 feet from the upland boundary of a tidal wetland, or within
                              100 feet from the boundary of a freshwater wetland.

                       7)     There shall be no construction within 100 feet of the upland boundary of a
                              freshwater or marine wetland. This includes the introduction or impervious
                              surfaces, roads, utility equipment, etc. An exception is made for a private dock,
                              provided no other opportunity for water access exists on the lot, except through
                              wetlands.


                       8)     If bulkheading is required for filled land or for soil stabilization adjacent to a
                              wetland, the bulkhead should be located upland from the wetland above the
                              highest yearly tide level elevation. Bulkheads should not block the surface and
                              subsurface flow of freshwater to the wetland.


                       9)     No material shall be deposited onto a wetland.

                       10)    No part of a septic system shall be located within one-hundred-fifty (150) feet of
                              a wetland.


               (See Policies 7,11,13,14,19,21,33,35,37)








                                                             111-56







   0























                                   SECTION IV


   0                     PROPOSED LAND AND WATER USES

                             AND PROPOSED PROJECTS










              SECTION IV: PROPOSED LAND AND WATER USES AND PROPOSED PROJECTS

              The coastal management policies established in Section III define the Villages' program for
              maintaining their rural character and protecting environmental quality. The Land and Water Use
              Plan shown on Maps 9A and 9B for the coastal area reflects these policies and development
              goals. Specific legislative and non-legislative government actions necessary to implement the
              plan are presented in Section V, Techniques for Local Implementation.

              A.     PROPOSED LAND AND WATER USES


              The Villages of Nissequogue and Head-of-the-Harbor have an established use and density pattern
              which is supported by existing local laws. The Villages will retain the current pattern of
              primarily large lot residential land use as a means of safeguarding significant natural and man-
              made resources.


              There are three general land use categories existing within the Villages which are reflected in
              the Proposed Land Use Plan. They are low density residential, recreation and open space
              preserve, and agriculture.

              Low Density Residential

              The Villages are composed principally of low density residential uses. The bulk of the land falls
              within and allowed density of one unit per two acres, the remainder of the residential land has
              an allowed density of one unit per one acre. The area of the Villages where a one acre lot size
              is permitted will be confined to existing areas of such development. In Nissequogue, this
              includes the residential area immediately to the east of Long Beach Town Park. While it would
              be desirable to limit development of the Long Beach peninsula to open space and conservation
              uses because of its sensitive nature, the existing lot and ownership patterns and the density of
              development make this unfeasible. Consequently, this area will remain in one acre residential
              uses.


              In Head-of-the-Harbor, the area of one acre density is located away from Stony Brook Harbor
              and the Mill Pond on Route 25A. The higher density in this area is appropriate because it is
              on a major east-west highway and is near other areas of smaller lot residential and minor
              commercial development.

              Within the residential use areas of the Villages, certain institutional uses, such as churches and
              schools, and municipal uses are also appropriate if sensitively sited on lots of adequate size to
              meet the demands of the activity. These uses are necessary support services in the Villages and
              will continue. There are large estate homes in both Villages which are of scenic and historical
              interest to the community. These shall be promoted through designation to the National Register
              and regulation of site design.




                                                            IV-3





















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               Recreation and ftn Space Preserve

               There are three Town parks in the Villages. Short Beach and Long Beach are in Nissequogue
               and Cordwood Path Beach is in Head-of-the-Harbor. In addition, there are private recreation
               facilities in Nissequogue: the Nissequogue Golf Club, and the Smithtown Bay Yacht Club.
               These facilities are appropriate at their current level of use. The Village of Nissequogue nature
               preserve on Long Beach, The Town of Smithtown nature preserve on the west end of Short
               Beach and the Nature Conservancy and Stony Brook Foundation properties in Head-of-the-
               Harbor and in Nissequogue are held for conservation purposes and will remain in those uses.

               Agriculture

               Although Nissequogue and Head-of-the-Harbor are in a highly urbanized Town, they retain
               approximately 17% of their total land area in active agricultural uses. Farmland gives the
               Villages a rural nature which is vanishing in other parts of the Town and also contributes to the
               local economy. Additionally, most farmland is located on prime soils worthy of preservation.
               A 45 acre parcel is under the Suffolk County Farmland Preservation Program. This valuable
               parcel will remain in agricultural use. The Villages will promote the retention of the remaining
               farmland through a combination of tools including the County development rights acquisition
               program, acquisition by land trusts, sensitive subdivision layout, and anti-harassment programs.

               B.      PROPOSED WATER USE


               The municipal boundary of the Village of Nissequogue extends to the mean        high water mark
               of the Nissequogue River, Smithtown Bay, and Stony Brook Harbor. The Village of Head-of-
               the-Harbor's municipal boundary extends approximately 500 feet from mean high water into
               Stony Brook Harbor. The Town of Smithtown's municipal boundary extends over and under
               the Nissequogue River and the remainder of Stony Brook Harbor. The Villages and the Town
               of Smithtown have adopted a local law for jointly governing all vessels operating on surface
               waters. Recreational boating activities are permitted and regulated. In addition, no dredging
               is permitted within the 500 foot municipal boundary of Head-of-the-Harbor in Stony Brook
               Harbor. Intermunicipal mariculture programs within Stony Brook Harbor and in such other
               locations as they are appropriate are encouraged.

               C.      PROPOSED PROJECTS


               The Villages of Nissequogue and Head-of-the-Harbor will undertake and promote the following
               projects to meet several important program goals. The projects have been carefully selected to
               be achievable and to strengthen future implementation of the LYY'RP.








                                                             IV-9








                            Harbor Preservation and Management Program

                            In 1983-84, the Marine Sciences Research Center at SUNY-Stony Brook prepared
                            an analysis of Stony Brook Harbor for the Villages, the Town of Brookhaven and
                            Suffolk County. The analysis resulted in a predictive model of the impacts of
                            various dredging proposals on the health of Stony Brook Harbor. While this
                            model will play a critical role in future decisions on dredging activity in the
                            harbor, comprehensive management of the harbor to achieve a balance among
                            environmental, recreational and economic uses requires additional study.

                            The Villages propose to undertake a joint management study with the Towns of
                            Brookhaven and Smithtown and Suffolk County. The Marine Sciences Research
                            Center could conduct the study.

                            The purpose of the study is to develop baseline data on the physical and
                            biological elements and human use activities affecting the continued use of the
                            harbor as a multiple use resource. The elements of the study include: water
                            quality monitoring to determine sources of pollution; an analysis of fish and
                            wildlife use of the harbor; incorporation of MSRC dredging impact studies; a
                            dredge spoil disposal plan; an analysis of current and potential boating use and
                            the capacity of the harbor to absorb this use; an analysis of other less intensive
                            recreational uses of the water and land surrounding the harbor; and an analysis
                            of the economics of various harbor uses and proposals.

                            The result of the study would be a management plan for the harbor which would
                            provide guidelines and objective tests for judging the impact of land and water
                            uses on the harbor. These guidelines and tests will be appended to the LWRPs
                            of the Villages and the Towns.

                            The major expenditure connected with a Harbor Management Plan will be funding
                            the initial study; maintenance of the program on a yearly basis would be
                            moderate. It is expected that the municipalities will split the annual cost of the
                            program. Anticipated cost of the study itself is $50,000. Foundation grants,
                            public grants, and municipal contributions would fund the study.

                    2.      Review of Suffolk County Health Department Regglatio

                            In order to render land as usable as the limits of safety allow, the cooperation of
                            the Suffolk County Department of Health will be sought for the purpose of
                            reviewing County regulations for the siting and construction of sewage disposal
                            systems. The Villages will negotiate with the Department of Health. If
                            necessary, it would be appropriate to seek cooperation at the level of the County
                            legislature.



                                                           IV-10








                              A program of dye-testing of cesspools with the aim of tracing possible active or
                              potential sources of pollution of the harbor waters, or of ground waters, is part
                              of the Harbor Preservation project discussed above. It would preferably be
                              conducted in collaboration with the Department of Health.           An on-going
                              cooperative program will be developed to test all cesspools in a 5-year cycle.

                              In addition to dye testing and monitoring, the Villages will work with the County
                              Health Department to determine if alternatives to cesspools might be more
                              effective near the harbor and the river. The results of the Harbor Management
                              Plan (#1 above) will play an important role in these decisions.

                              The cost of this project is expected to be minimal.

                      3.      Harbor-and River Patrol System

                              Currently, there is no coordinated program for patrolling the Nissequogue River
                              and Stony Brook Harbor. Existing boating, swimming, shellfishing and discharge
                              regulations often go unenforced because the Town Bay Constables cannot
                              effectively monitor both the river and the harbor. The feasibility of a joint Town
                              and Villages patrol system will be explored. The analysis will cover manpower
                              needs, equipment requirements, time of operation, municipal responsibilities,
                              financing and the like. The cost of the study itself would be minimal. If the
                              project were found feasible, equipment, manpower supervision and operating
                              costs would likely be $75,000 for the first year. Subsequent years should be less
                              expensive since the major costs would be the purchase of a boat.

                      4.      Public Participation

                              No matter how well-thought-out and necessary measures for conservation and
                              protection of the local environment may be, the interest and cooperation of the
                              residents are needed to make any plan or program effective. Such participation
                              will be forthcoming to the degree that the need for it is understood.

                              Among the available techniques for advancing the program is that of public
                              education about coastal concerns. The following public participation projects are
                              proposed:

                              a)      A newsletter/bulletin circulated to all residents on a regular schedule,
                                      including agendas for all Village Board and (insofar as possible)
                                      committee meetings. (Proposed village actions should be set forth, and
                                      statements concerning issues and problems as well; ideally it would also
                                      allow discussion or expression of opinion concerning such issues).

      40                                                     IV-11








                              b)     An information brochure to be provided to all new residents, providing a
                                     list. of officials, a schedule of regular meetings, and whatever other
                                     information might be helpful in encouraging the participation of residents
                                     in Village concerns. Such information might be included in tax bills.

                              c)     An information center in the Village Clerk's office which provides, at a
                                     reasonable price, publications:       for example, the General Laws,
                                     Supplements to the Laws, Planning Board and Architectural Board
                                     regulations, local historical information, LY;RP policies, County
                                     Cooperative Extension booklets, County Planning documents, etc.

                              d)     A pamphlet concerning care of land: lawn and garden fertilizers and
                                     chemicals to use and to avoid, types of landscaping most suitable to the
                                     locality and least threatening to the environment, or to the quality of
                                     ground water; suggested varieties of planting, etc.

                     5.       Land Acguisitio

                              Acquisition of environmentally sensitive parcels in the Village's by local
                              government or by not-for-profit land trusts will be encouraged and promoted.
                              Environmentally sensitive parcels include those that pose severe development
                              problems because they contain wetlands, significant habitats, unstable soils, etc.
                              Parcels will be identified and prioritized. The Villages would explore methods
                              of acquisition that would reflect the land's value as preserves rather than as
                              building lots.

                     6.       Developmgnt of Acguisition/Retention ScenarioS for Agricultural Land

                              The Villages will develop a listing of funding sources and agencies interested in
                              acquisition of agricultural land and open space lands. This listing will be tailored
                              to the needs of the agricultural landowners in the Villages and to the
                              characteristics of the land which would be considered for preservation. This
                              information will then be available when needed, at the time of a subdivision
                              proposal or sales offer, to allow the Villages to work with the landowner to
                              preserve all or a part of the agricultural parcel while allowing the landowner a
                              return on his land.


                     7.       ReconstruCtion of Harbor Road Culvert

                              A culvert was constructed at the southern end of Stony Brook Harbor on Harbor
                              Road to replace a bridge. The culvert is now deteriorating and does not provide
                              for adequate exchange of waters between the harbor and adjacent wetlands. The
                              culvert should preferably be replaced with a bridge. If this is not feasible, the
                              culvert should be resized and replaced.


                                                            IV- 12







    0
























                                    SECTION V

    0                   TECIINIQUES, FOR IMPLEMENTING THE

                    LOCAL WATERFRONT REVITALIZATION PROGRAM
























    0










                SECTION V: TECBNIOUES FOR IWLENEENTING THE LOCAL WATERFRONT
                               REVUALIZATION PROGRAM



                The Villages of Head-of-the-Harbor and Nissequogue have traditionally been low density
                residential communities. This pattern is reflected in the zoning regulations and other local laws
                designed to maintain the character and to protect the environmental quality of each Village. The
                coastal management policies which guide land use and water use decisions in the Villages focus
                on existing local laws dealing with specific coastal development issues.

                This section describes the techniques and procedures which will be used by the Villages to
                implement their Local Waterfront Revitalization Program.

                A. EXISTING LOCAL LAWS AND REGULATIONS


                        1.     Vfflaee of Head-of-the-Harbo


                               a)      Zoning Law (Local Law #1 of 1974)

                                       The Village adopted its zoning law in 1974 to conserve open space and
                                       ecological features, to control densities to protect public health in the
                                       absence of infrastructure, and to avoid congestion, among other purposes.
                                       The Village's zoning law has been amended seven times since 1974 to
                                       clarify certain provisions. The zoning law provides for three residential
                                       districts (A, A- I and B) and a floating undeveloped park land district (U).
                                       The residential districts allow single family homes, munic@pal buildings
                                       and open space lands as permitted uses. Churches, non-profit schools,
                                       agriculture and guest houses are special permit uses.          A range of
                                       customary accessory uses are also permitted with certain conditions.
                                       Minimum lot size in the A and A-1 districts is two acres and in the B
                                       district, one acre. There are special setback provisions of 100 feet from
                                       mean high water or 50 feet from the top edge of a bluff on Stony Brook
                                       Harbor. Standards for the approval of a special permit provide protection
                                       for neighboring land uses and also for the integrity of the rural character
                                       of the Village.

                                       The Village has excluded environmentally sensitive lands (marshland, land
                                       underwater, land below mean high water or land below the edge of a bluff
                                       on Stony Brook Harbor) from the calculation of minimum lot size or
                                       setback requirements. It further prohibits dredging, filling, draining or
                                       excavating environmentally sensitive lands.        The Planning Board is
                                       authorized to modify the area regulations, (Section 413 of the zoning
                                       ordinance), to protect environmentally sensitive areas during subdivision
                                       review.


                                                                v-3









                                    The zoning law is a significant tool for implementing the Village's L)NRP.
                                    The zoning law, together with the amendments outlined later in this
                                    section, implements Policies 2, 19, and 19A as they relate to the
                                    maintenance of public open space, recreational and nature preserve lands.
                                    Through requirements for the exclusion of lands underwater from the
                                    calculation of minimum lot size or setback requirements, and provisions
                                    for waiver of the area regulations to protect environmentally sensitive
                                    lands, the zoning law implements Policies 5, 7, 7A, 11, 11 A, 12, 13B, 14
                                    and 17. Policies 7, 11, 12, 14 and 17 are further implemented by
                                    setbacks established from Stony Brook Harbor, Mill Creek and the bluffs.
                                    Since the zoning law prohibits commercial and industrial uses, water
                                    quality is protected from pollution by storage of solid and hazardous
                                    wastes and general runoff from these uses (Policies 7, 8, 31, 36 and 38).
                                    It supports Policies 14, 17 and 25 by prohibiting removal, destruction or
                                    alteration of trees and other vegetation. Finally, the zoning law provides
                                    for the continuation of agricultural pursuits as a special permit use. (See
                                    Map 4A)

                            b)      Subdivision Regulations

                                    The Village's subdivision regulations provide for the orderly partitioning
                                    of large parcels of land into smaller building lots. The subdivision
                                    regulations include procedures for submitting plans and standards for
                                    street layout, lot configuration, dedication of open land, consideration of
                                    natural features, drainage, etc.

                                    The subdivision regulations, including the amendments as proposed,
                                    implement Policy 22 with regard to providing open space easements and
                                    access to recreational land. The regulations support Policies 11, 12, 14,
                                    17, 25@ 33, 37 and 38 by protecting natural drainageways, requiring that
                                    lot layout reduces the need for alteration of topography and providing for
                                    retention of vegetative cover.

                            C)      Exterior Design and ApZ!tamce of Building

                                    Local Law #1 of 1965 establishes a Board of Architectural Review to
                                    review all applications for building permits in the Village. The purpose
                                    of the review is to ensure that all structures are compatible with
                                    surrounding properties and maintain the rural character of the Village and
                                    the natural beauty of its environs. The Board of Architectural Review
                                    examines each application to determine if the structure is uniform,
                                    markedly similar or incongruous with neighboring buildings or so
                                    incompatible with topographical features that it detracts from the overall
                                    character of the Village and the immediate surroundings.            General


                                                            V-4









                                      consideration is given to design and type of construction, including mass,
                                      height, line, color and texture of the materials to be used in relation to
                                      their surroundings; siting of structures; extent of natural screening; effect
                                      on vistas; historic features; and topographical and vegetational
                                      characteristics of the land.

                                      This local law, together with its proposed amendments, is important in the
                                      implementation of Policies 23 and 25. Through review of development
                                      proposals, the Board of Architectural Review will ensure that construction
                                      does not detract from vistas or the surrounding neighborhood. Historic
                                      structures will be protected from alteration, unsympathetic new
                                      construction and demolition.


                              d)      Vehicular Access to Beaches

                                      Local Law #1 of 1972 provides for the regulation of vehicular traffic on
                                      all Village streets and public places. Article V, section 4, prohibitsuse
                                      of motorized vehicles on any beach without prior approval of the Village
                                      police department.

                                      This local law is important in the implementation of Policies 12, 14 and
                                      17 by preventing destruction of beaches and dunes and by allowing their
                                      continuation as natural protective features.

                              e)      Building Administrative Law

                                      This local law (Local Law #1 of 1976) establishes the Office of Building
                                      Inspector and provides for a system of ensuring that all structures meet
                                      standards from zoning and other local laws. The local law requires
                                      permits for construction as well as demolition. The local law also
                                      provides for repair, rehabilitation or demolition of unsafe structures.

                                      Because it promotes coordination with and enforcement of the zoning
                                      ordinance and the architectural review law, this local law implements
                                      Policies 6, 2, 3, 7, 11, 11 A, 12, 13B, 14, 17, 19, 19A, 23 and 25.

                              f)      Flood Damage Prevention Law

                                      This local law was enacted in 1978 to regulate construction within flood
                                      hazard areas defined by the Federal Emergency Management Agency.
                                      Projects within the flood hazard area are reviewed to-ensure that hazards
                                      from flooding are minimized through appropriate construction techniques
                                      and materials, siting, protection and maintenance of drainage areas and



                                                               V-5







                                      analysis of the impact of the proposal on the flood carrying capacity of the
                                      area.


                                      The Flood Damage Protection Law implements Policy 11 by providing
                                      standards for development within flood hazard areas to minimize and
                                      mitigate flood damage.

                              g)      Environmental Quality Review Law

                                      The Village has enacted a Local Environmental Quality Review Law.
                                      This local law establishes procedures to review actions in the Village
                                      which may have a significant effect on the environment. The Village has
                                      modified the State Type I list to include thresholds more appropriate to the
                                      size of The Village. The Village has also included in its Type I list any
                                      action occurring in designated critical environmental areas, including tidal
                                      wetlands; freshwater wetlands; floodplains; wild, scenic and recreational
                                      rivers; farmlands; steep slope areas; watershed areas; Route 25A Historic
                                      District; and beach, bluff and dune areas. Clear-cutting or clearing of
                                      more than 3/4 acre is also a Type I action.

                                      This local law implements and enforces many of the policies in the LYYFRP
                                      by providing for a detailed environmental review and the development of
                                      mitigation measures for development activities. Most particularly this law
                                      affects: protection of fish and wildlife habitats, reduction of flooding and
                                      erosion potentials, protection of scenic and historic resources, protection
                                      of water quality, placement of erosion protection structures, protection of
                                      agricultural lands, dredging activity, tidelands and natural protective
                                      features. (Policies 2, 5, 7, 8, 11, 12, 13, 14, 15, 17, 23, 25, 26, 33 and
                                      37)

                              h)      Local Law for Jointly Governing the Waterways

                                      This local law regulates vessels in the Villages of Nissequogue and Head-
                                      of-the-Harbor and in the Town of Smithtown. It applies to all surface
                                      waters within the jurisdictional limits of the Villages and the Town. In
                                      Nissequogue, the law regulates mooring to prevent inter-ference with
                                      navigation or other boats. It also provides for the removal of derelict
                                      boats. Controls are placed on the length of time that boat can use a
                                      municipal dock. Operation of boats within 300 feet of any public or
                                      private recreation area is prohibited, and speeds must be kept below 5
                                      mph. It is unlawful to operate a boat so seabirds or other boat passengers
                                      are frightened. Dumping of oil, sewage, garbage or other waste is
                                      prohibited.



                                                              V-6









                                     This local law establishes uniform procedures for docking, mooring and
                                     operation of pleasure boats within the Nissequogue River, Smithtown Bay
                                     and Stony Brook Harbor. Water-dependent recreation Policies 19 and 21
                                     are implemented by this local law because the operational rules it
                                     establishes regulate the safe use of the waters.      The local law also
                                     implements Policy 7 because it prohibits disruption of waterfowl in the
                                     significant habitat areas of the Nissequogue River and Stony Brook
                                     Harbor. Low boat speeds set by this local law are important not only for
                                     maintaining habitat but also for reducing erosion, sedimentation and
                                     siltation from boat wakes. (Policies 17 and 44)

                             i)      Animal Control Law

                                     The animal control law (Local Law #1 of 1986) repeals earlier Village
                                     ordinances relating to the control of dogs. The new local law requires
                                     that dogs be confined to the owner's property unless leashed. In addition,
                                     fifteen minutes of barking or howling constitutes a disturbance of the
                                     peace. Fines are levied for violations.

                     2.      Village of Nisseguogue

                             a)      Zoning Ordinanc

                                     In 1969, the Village adopted a comprehensive amendment to its zoning
                                     ordinance. The ordinance sets forth the Village's development policies
                                     which include conservation of natural beauty by encouraging low-density
                                     development with permanent preservation of natural features, by
                                     establishing a density pattern that will not require public water supply and
                                     sewers, and by maintaining the existing residential environment. The
                                     ordinance established two residential districts. The bulk of the Village is
                                     zoned for 2 acre lots. On the Long Beach peninsula, one acre lots are
                                     permitted. The ordinance provides that no portion of the minimum lot
                                     size may be achieved by including land underwater, land underwater at
                                     mean high tide or land subject to periodic flooding, except that land in a
                                     stream less than five feet wide or in a pond will not be considered
                                     underwater if it is less than 5 % of the lot area at MHW. A 1985
                                     amendment provides that lands which were formerly underwater but which
                                     have been filled shall be deemed land underwater and a building permit
                                     will not be issued. Permitted uses are single family houses, municipal
                                     uses and open space uses. Under certain controls, churches, farms and
                                     guest houses are allowed by special permit. A procedure is established to
                                     ensure that special permit uses do not adversely affect their environs. In
                                     1982, the zoning ordinance was amended to permit equestrian centers on



                                                             V-7








                                      a minimum of 25 acres and included standards for the operation of such
                                      centers.


                                      The Village Zoning Ordinance is a cornerstone in the Village's ability to
                                      guide development and to implement its LWRP. The ordinance promotes
                                      the maintenance of public open space, recreational land and nature
                                      preserves by making them permitted uses. (Policies 2,7, and 19)

                                      By controlling densities so development can be accommodated safely on
                                      individual wells and septic systems, the zoning ordinance supports Policies
                                      5 (adequacy of protection public facilities), 7 and 38 (protection of water
                                      quality which affects fish and wildlife habitats and surface and
                                      groundwater resources). The zoning ordinance also prohibits placement
                                      of bulk oil storage facilities, storage of hazardous materials or other
                                      commercial/industrial land uses which protects water quality and
                                      implements Policies 7,8,31,36 and 38. Agriculture and equestrian centers
                                      are supported in the Village as special permitted uses (Policy 26). The
                                      zoning ordinance generally supports Policy 25 by establishing a low
                                      density environment with large setbacks to maintain the rural character of
                                      the Village. (See Map 4B)

                              b)      Flood Damage PreveLition

                                      In 1983, the Village enacted a local law to control development in areas
                                      affected by flooding and to minimize the effects of flooding. The local
                                      law applies to all areas of special flood hazard identified by the Federal
                                      Emergency Management Agency on the Flood Insurance Rate Maps. A
                                      development permit is required before any activity which affects the land
                                      occurs in a flood area. The law requires that flood hazards be reduced by
                                      anchoring of construction to prevent movement, that construction methods
                                      and materials minimize flood hazard, that on-site sewage systems be
                                      constructed so they do not contaminate waterbodies during a flood, and
                                      that subdivision proposals have adequate drainage to reduce flood hazard.
                                      Within coastal high hazard areas, structures must be located landward of
                                      the mean high tide. Buildings must be elevated and designed so the flow
                                      of flood water is not impeded. Fill may not be used for structural
                                      support. Sand dunes cannot be altered.

                                      This local law directly implements Policies 11, 14, and 17 relating to
                                      minimizing flood damage. . The law also prevents alteration of dunes, a
                                      natural protective feature, thereby implementing Policy 12.





                                                              v-8








                              c)      Regulation of Exterior Design and Appearance of Structures

                                      The Village has enacted a local law to establish a Board of Architectural
                                      Review which reviews all building permits in the Village to ensure that
                                      structures do not detract from the rural character of the Village or from
                                      historic topographic or vegetative features. Proposals are examined in
                                      terms of their mass, line, height, color, texture and extent of natural
                                      screening.

                                      The design review standards for development set forth in this local law
                                      implement Policies 23 and 25. The review will ensure that important
                                      vistas and the integrity of the natural and built environment are protected.

                              d)      Local Law for Jointly Governing the Waterways

                                      This local law regulates vessels in the Villages of Nissequogue and Head-
                                      of-the-Harbor and in the Town of Smithtown. It applies to all surface
                                      waters within the jurisdictional limits of the Villages and the Town. In
                                      Nissequogue, the law regulates mooring to prevent interference with
                                      navigation or other boats. It also provides for the removal of derelict
                                      boats. Controls are placed on the length of time that boat can use a
                                      municipal dock. Operation of boats within 300 feet of any public or
                                      private beach is prohibited, and speeds must be kept below 5 mph in
                                      Stony Brook Harbor and the Nissequogue River. It is unlawful to operate
                                      a boat so seabirds or other boat passengers are frightened. Dumping of
                                      oil, sewage, garbage or other waste is prohibited.

                                      This local law establishes uniform procedures for docking, mooring and
                                      operation of pleasure boats within the Nissequogue River, Smithtown Bay
                                      and Stony Brook Harbor. Water-dependent recreation Policies 19 and 21
                                      are  implemented by this local law because the operational rules it
                                      establishes regulate the safe use of the waters.       The local law also
                                      implements Policy 7 because it prohibits disruption of waterfowl in the
                                      significant habitat areas of the Nissequogue River and Stony Brook
                                      Harbor. Lower boat speeds set by this local law are important not only
                                      for maintaining habitat but also for reducing erosion, sedimentation and
                                      siltation from boat wakes. (Policies 17 and 44)

                                      The Village Board passed a resolution on April 28, 1971 which stated that
                                      there was no delegation of the Village's regulatory jurisdiction to the
                                      Town of Smithtown in derogation of Town Law, Section 130(17).





                                                               V-9









                               e)     Trees

                                      The Village has enacted a local law to protect bluffs, shorelines and
                                      barrier beaches against erosion and to maintain watercourses and drainage
                                      ways within the Village. The law provides that no activity will lead to the
                                      eventual destruction of any tree or vegetation within 100 feet of a ridge
                                      line of a bluff. All land-disturbing activity within 100 feet of a bluff or
                                      the shoreline of Stony Brook Harbor requires an EIS analyzing the impact
                                      of the proposal upon the environment or upon erosion potentials.
                                      Removal or destruction of trees totalling 25 % or more of the growth on
                                      a parcel or within 25 feet of a boundary line requires a permit and a
                                      showing that removal will not intensify erosion or affect natural stream
                                      courses. Commercial timber harvesting is prohibited.

                                      This local law implements policies which are intended to reduce threats
                                      to natural protective features and mitigate erosion problems (Policies 12,
                                      14, 17) by prohibiting activities which would undermine bluffs or
                                      unwisely eliminate vegetation which holds soils in place. This local law
                                      also implements scenic protection goals (Policy 25) by retaining vegetation
                                      on bluff ridges and limiting removal of vegetation on parcels.

                              f)      Environmental Quality Review Law

                                      In 1985, the Village passed an Environmental Quality Review Law to
                                      provide for local implementation of the State Environmental Quality
                                      Review Act (NYSECL, Article 8). The SEQRA Type I list was modified
                                      to better serve the needs of the Village. The Type I list includes any
                                      action within critical areas defined as tidal wetlands; freshwater wetlands;
                                      floodplains; wild, scenic and recreational river; farmland; steep slopes;
                                      watershed; beaches; bluffs; and dunes.         Actions within historic and
                                      prehistoric sites or districts are also considered Type I actions.

                                      This local law, by institutionalizing SEQRA on a local level and by
                                      expanding the list of activities for Type I actions, strengthens the Village's
                                      ability to require mitigation in sensitive areas. For this reason, this local
                                      law supports all policies included in the LWRP.

                              g)      Subdivision Regulations

                                      The Village's subdivision regulations establish standards to ensure new
                                      building lots are suited for development and that their arrangement
                                      promotes efficient use of land. Adequacy of access, flood reduction, and
                                      safe waste disposal are also considered. The regulations provide for
                                      control of stormwater drainage by prohibiting approval of a plot until the


                                                               V-10









                                     Village Engineer is satisfied that the subdivision will not adversely impact
                                     downstream development during a fifty year storm. The regulations
                                     protect the rural character of the Village by maintaining existing natural
                                     features, topography and vegetation, and by allowing the Planning Board
                                     to require the planting of indigenous trees in a right-of-way. Easements
                                     to facilitate public access to recreational space and for drainage are also
                                     permitted.

                                     The subdivision regulations are important in the implementation of
                                     Policies 11, 14, 17, 33, 37 as they relate to the control of stormwater
                                     runoff and erosion mitigation. The regulations also implement the scenic
                                     policy (25) by safeguarding existing vegetation and topographic features
                                     and also by promoting use of indigenous trees in public rights-of-way.
                                     Finally, public access Policies 19, 20 and 22 are implemented through the
                                     ability to obtain easements to public lands during subdivision review.

                              h)     Satellite Antennas

                                     The Village controls the use and placement of satellite dish antennas to
                                     protect the visual character of its roads. Only one dish antenna per
                                     household is permitted. Its visual impact is minimized by locating it in
                                     the rear yard with deep setbacks from property lines and by requiring
                                     substantial vegetative screening.    The antenna cannot be higher than
                                     thirteen feet above grade.

                                     This local law implements Policies 23 and 25 by preventing the visual
                                     intrusion of satellite dishes which would detract from historic sites and
                                     scenic areas in the Village.

                             i)      Exterior Lip-hts

                                     Exterior lights are controlled to prevent their operation as a nuisance.
                                     The lights cannot shine on another property, must be shut off by I I p.m.,
                                     and cannot be flashing. Exceptions are made for fights used as part of
                                     seasonal holidays and for special events which have been given a permit
                                     by the Board of Trustees.

                                     This local law implements the scenic policy (25) by preventing use of
                                     lighting which would detract from the rural character of the Village.

                                     Regulation of Vehicles

                                     This local law regulates all aspects of motor vehicle operation within the
                                     Village. In addition to speed and parking regulations, the law prohibits


                                                             V-11








                                     use of a motorized vehicle on any beach within the Village without written
                                     permission of the police department. The law also prohibits the deposition
                                     of waste material including mud, dirt, silt, sand, gravel or other soil on
                                     Village roads or public places.

                                     This local law implements Policy 12 by controlling vehicular access to
                                     beach and dune areas. It further implements Policy 7 by protecting
                                     habitat areas on beaches and dunes from disruption or destruction. This
                                     law implements Policies 7, 14, 17 and 37 by prohibiting activities which
                                     would increase erosion of soils and other materials into public waters.

                             k)      Dog Control

                                     This local law prohibits anyone from allowing his dog to defecate on a
                                     public area. Fines are provided to ensure compliance.

                                     By eliminating dog wastes from public roads and other areas, this local
                                     law reduces the possibility of water quality degradation when stormwater
                                     carries road debris into the river or harbor. This implements Policies 7,
                                     9, 10, 37, 38 and 44.



               B. LOCAL LAWS AND REQUATIQNS ADOPTED TO IMPLEMENT THE LWRP

               During preparation of the LWRP, the Villages analyzed the array of existing local laws to
               determine whether the procedures and standards in place were sufficient to implement the
               LY;RP. The following is a description of proposed or revised local laws and regulations which
               were revised or adopted to implement the LWRP:

                      1.     Revision of the respective Village Environmental Quality Review Laws t
                             include provisions for consistency of proposed actions with the LWRP policies
                             and purposes.

                             The Village Environmental Quality Review Uw for each Village has been
                             amended to set up a review procedure to examine the consistency of proposed
                             actions with the policies and purposes of the LWRP. Applicants are required to
                             submit a coastal assessment form in addition to an environmental assessment form
                             for proposed actions within the Village.

                             In addition, the EQRL has been amended to reflect appropriate procedures for
                             lead agency decision-making.





                                                            V-12









                     2.       Creation of a Joint Wlage Coastal Management Conunission.

                              in order to ensure consistency of proposed actions with the LWRP and to manage
                              other aspects of the implementation of the L)NRP, the Village Boards of Trustees
                              have established a Joint Village Coastal Management Commission.                  The
                              Commission is responsible for reviewing and recommending approval, approval
                              with modifications or denial of applications for activities within the Village's
                              coastal areas; and for making LWRP consistency recommendations and
                              determinations.


                      3.      Amendments to the respective zoning laws of each Village to address s=ific
                              development concerns. (See Maps 10A and 10B).

                              The zoning laws of both Villages have been strengthened to allow greater
                              consideration of environmental, scenic and recreational concerns during the siting
                              and development of projects.

                              Zoning law revisions in both Villages include:

                              a)     application of site plan review procedures to non-residential uses;

                              b)     establishment of standards for the construction of docks in Head-of-the-
                                     Harbor and shoreline erosion structures in both Villages to ensure that
                                     their location and construction protects environmental and scenic
                                     resources;


                              C)     setting a maximum square footage for the ground floor of structures, and
                                     providing for a sliding scale of lot size increase for increased lot coverage
                                     to promote scenic and rural qualities in the Village;

                              d)     establishing standards for access to and development of passive recreation
                                     uses;

                              e)     setting standards to control the location of septic systems and cesspools to
                                     reduce the potential for groundwater and surface water pollution;

                              f)     definition of wetlands protection districts and incorporation of
                                     performance standards for development adjacent to wetlands;

                              g)     within the Village of Nissequogue, establishment of a bluff management
                                     overlay district to control the placement of structures and the development
                                     of land adjacent to a bluff;




                                                              V-13

















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                             h)      within both Villages, increasing the setback from the face of a bluff on
                                     Stony Brook Harbor and incorporating performance standards for
                                     development of land adjacent to bluffs;

                             i)      within the Village of Nissequogue, introduction of development standards
                                     and pumpout requirements for existing non-conforming marinas.

                      4.     Amendments to the resptgtivt subdivision regglations of each Village include
                             the follo3yLng:

                             a)      strengthening and clarifying the relationship between proposed lot
                                     configuration and retention of natural topography, drainage ways, and
                                     vegetation;

                             b)      providing for incorporation of a habitat management plan into subdivision
                                     proposals involving parcels of ten or more acres or at the discretion of the
                                     planning boards for smaller parcels;

                             C)      providing for retention of trees existing on the site to the greatest extent
                                     practicable and requiring planting to enhance the wooded, rural
                                     characteristics of the Village roads;

                             d)      consideration of septic system and cesspool location contained in the
                                     zoning laws of each Village to lot configuration.

                      5.     Enactment of Beach Use Repaulations within both Villages.

                             Relying upon jurisdictional authority and Section 45-b of the Navigation Law, the
                             Villages have enacted local laws governing the use of beaches, particularly with
                             regard to maintaining protective dune structures, natural vegetation, habitat areas
                             and prohibiting alteration of grade or placement of structures.

                      6.     Enactment of an Erosion, Sedirnentation and Grading Control Ordinance in
                             both VillaLyes.


                             An umbrella regulation has been adopted in both Villages to address the wide
                             range of circumstances in which land development and use activities can
                             adversely impact water quality in the Nissequogue River and in Stony Brook
                             Harbor.      Land clearing, alteration of topography, alteration of natural
                             drainageways, disturbance of severe slopes or unstable soils and similar concerns
                             have been addressed through development standards.





                                                             V-19









                       7.     Enactment of Right-to-Farm Law in both Villages.

                              In order to protect existing agricultural businesses and to promote retention of
                              active agriculture and prime soils in both Villages, right-to-farm. laws are
                              proposed. The laws would declare that existing farms operating according to
                              generally accepted agricultural practices are not considered nuisances, unless
                              operated in a negligent manner.

                       8.     Enactment of local laws to regulate the use of firearms within both Villages.

                              Due to the enclosed and developed nature of the Villages and the proximity of
                              public recreational land and water uses, the discharge of firearms is regulated to
                              promote public safety.

                       9.     Amendment to local laws regulating exterior design and appearance of
                              buildines within both Villaees.


                              Both Villages currently have Architectural Boards of Review which examine all
                              applications for building permits. The Boards evaluate the proposal's impact on
                              the character of the surrounding areas. The Boards have the authority to deny
                              permits and to recommend modifications. The laws need to be strengthened to
                              specifically protect archeological and historic resources. Amendments to the
                              respective local laws will be made to incorporate standards from the Secretary of
                              the Interior's Standards for Rehabilitation. Procedures for demolition of historic
                              structures, providing for a showing of economic hardship, will also be included.
                              Archeological resources are protected by requiring notification of the NYS Office
                              of Parks, Recreation and Historic Preservation when any land disturbance is
                              proposed in areas identified as archaeologically sensitive.

                       10.    Submission of local laws regglating the operation of vessels within 1500 feet
                              of the mean hiah water ling of the Villages to the Commissioner of Parks,
                              Recreation and Historic Preservation.


                              This local law includes regulations governing anchorage, mooring, and the
                              general operation of boats in the Nissequogue River, Smithtown Bay and Stony
                              Brook Harbor. In addition, the Villages will seek special legislation permitting
                              them to regulate the construction of docks in adjacent waters. Dock regulations
                              will govern location, design and installation of docks.









                                                             V-20











              C.      OTHER PUBLIC AND PRIVATE ACTIONS NECESSARY TO EIAPLEMEENT
                       LIVRP


              In addition to the responsibility of each Village to enforce and amend, as necessary, its local
              laws supporting the LWRP, other actions by public and private sectors are required for full
              implementation of the LWRP.

                      1      Local Government Actions


                             a)      Internal Coordination

                                     The Villages have established a Joint Village Coastal Management
                                     Commission to serve as lead agency for the implementation of the LWRP.
                                     The Commission is formulating its operating procedures, application
                                     forms, etc., to carry out its responsibilities most effectively.

                             b)      Formulation of Navip-ation Maintenance Plgns for Stony Brook Harbor

                                     The Villages are coordinating with the Towns of Brookhaven and
                                     Smithtown, Suffolk County and the NYS Department of State's Coastal
                                     Management Program to develop comprehensive plans to guide decisions
                                     on maintaining navigation channels in Stony Brook Harbor. These plans
                                     will incorporate the findings of studies completed by the Marine Sciences
                                     Research Center at SUNY-Stonybrook.

                             C)      Harbor Management Study

                                     The Villages are undertaking a water quality monitoring study and
                                     program in Stony Brook Harbor utilizing the services of the Marine
                                     Sciences Center of SUNY - Stony Brook. This study will identify
                                     pollution from land and water sources which is causing water quality in
                                     the harbor to decline. Remedial steps (legislative, structural, etc.) will be
                                     taken to reduce or eliminate the pollution once the sources have been
                                     adequately identified. This study is the first step in a larger effort to
                                     identify the carrying capacity of Stony Brook Harbor to ensure its
                                     balanced use for environmental, recreational and scenic purposes, and to
                                     develop a detailed harbor management plan for the harbor.

                             d)      Use of CesaRgols and Spptic Systems in Areas of High Water Table

                                     Under current Suffolk County Health Department regulations, alternative
                                     septic systems are not approved for use in the County. The Villages will
                                     work closely with the County Health Department to develop a mutually



                                                             V-21








                                       satisfactory alternative to cesspools and traditional septic systems in areas
                                       where the depth to seasonal high water table is less than three feet.

                               e)      Land Acquisitions/Farmland Retention

                                       The Village Boards and the Joint Village Coastal Management
                                       Commission will establish contacts with private land trusts, such as the
                                       Nature Conservancy, to purchase easements or fee title to lots designated
                                       environmentally sensitive in the Villages of which are being threatened by
                                       development and which would contribute to the destruction of wetland
                                       habitat and create water quality problems.

                                       The Commission will also study the location of farm parcels, their soils
                                       characteristics, abutting land uses and other salient factors.            This
                                       information, together with information on preservation options, will be
                                       used to retain as much productive agricultural land as possible in the
                                       Villages.

                               f)      Harbor and River Protection Handbook

                                       The Joint Village Coastal Management Commission will work with the
                                       Village Boards and interested citizens to prepare handbooks for Village
                                       residents on how to be a responsible waterfront landowner.                The
                                       handbooks will contain information on ways of reducing fertilizer use,
                                       using native vegetation, erosion control and other environmentally sound
                                       measures to protect the river and the harbor.

                       2.      General Education in and Support of the LWRP

                               To a large degree, the success of the LWRP in achieving its purposes will depend
                               upon the interest and support of the Village residents. Residents must be willing
                               to learn about ways of protecting natural and man-made resources and to support
                               the Village governments in pursuing those goals.



                D. MANAGEMENT STRUCTURE FOR IMPLEMENTING THE LWRP

                The Villages undertook joint preparation of a LAIRP in recognition of their shared responsibility
                for the long-term health of Stony Brook Harbor, in addition to individual concerns about the
                Nissequogue River, Smithtown Bay, the Mill Pond and Stony Brook Creek. Design of an
                effective management structure for the implementation of this Program must take into account
                its bi-municipal character, as well as the fact that no existing municipal or intermunicipal body
                in this area has overall responsibility for the wide range of activities covered by the policies in
                Section III and the actions in Sections IV and V.


                                                               V-22









              Each of the Villages act independently of the other in terms of direct governmental activity (i.e.
              road reconstruction and maintenance) and land use decisions (e.g. Boards of Architectural
              Review, zoning and subdivision approvals). Agencies such as the County Health Department
              and the Suffolk County Planning Board also affect land use and water quality in the Villages
              through issuance of septic system permits and zoning and subdivision reviews under the General
              Municipal Law. All of these bodies work in cooperation with local non-governmental groups
              and with local schools, as required.

              The working relationship cultivated by the Villages during their preparation of the joint LWRP
              has reinforced the benefits of a coordinated implementation structure for an approved LATRP.

                     1.      Lead Agency and Responsible Official

                             To serve as lead agency, the municipal governments of the Villages of
                             Nissequogue and Head-of-Harbor have jointly established a Joint Village Coastal
                             Management Commission of 12 members. The Chairman of the Commission is
                             designated as the local official responsible for overall management and
                             coordination of the LWRP. With the establishment of the Joint Village Coastal
                             Management Commission, the Joint Committee on Coastal Zone Management,
                             a planning body which prepared the LY%rRP, was dissolved.

                     2.      Joint Village Coastal Management Conunission


                             The Commission is constituted as follows:


                             a)     Appointment. Six members are appointed by the Village of Head-of-the-
                                    Harbor and six by the Village of Nissequogue. Members are appointed
                                    for a term of three years and are eligible for reappointment; except that
                                    at the outset four members are appointed for a term of three years, four
                                    for a term of two years, and four for a term of one year.

                             b)     Quorum. Six (6) members constitute a quorum provided it consists of
                                    three (3) members from each Village.

                                    Each member serving an appointment by a Village must be a resident of
                                    that Village.    Members chosen are selected for their demonstrated
                                    knowledge, ability, and readiness to serve the Commission in the functions
                                    described below, and with due regard to maintaining among the
                                    membership a range of special aptitudes and expertise relevant to the
                                    Commission's work.


                             C)     Functions and powers.          The Commission's basic task is the
                                    implementation of the LWRP, its policies and projects, including physical,



                                                            V-23









                                      legislative, regulatory, administrative, and other actions included in the
                                      Program. In pursuance of this task the Commission:

                                      i)     Reviews all proposed actions by, or subject to the approval of, any
                                             agency of either Village and advises as to the consistency or
                                             inconsistency of the action with the LWRP. The Commission may
                                             recommend modifications to the proposal which would make it
                                             consistent with the LAW.


                                      ii)    Monitors and reviews in a timely fashion the planned actions of
                                             State and Federal agencies within the Coastal Zone in order to
                                             assure consistency of such actions with the L)hW, and
                                             recommends remedial action where necessary.

                                      iii)   Advises the municipal governments on implementation priorities,
                                             work assignments, timetables, and budgetary requirements of the
                                             Program.

                                      iv)    Consults with the appropriate departments and officials of the two
                                             municipalities concerning the matters in subparagraph (1),
                                             obtaining reports from them as necessary to assure implementation
                                             of the Program and consistency of local actions with it.

                                      v)     Maintains liaison with related municipal bodies including, but not
                                             limited to, the Planning and Zoning Boards and concerned
                                             nongovernmental bodies, in order to further the implementation of
                                             the LV*TRP.


                                      vi)    Subject to the approval of the municipal governments, makes
                                             application for funding from State, Federal, or other sources to
                                             finance projects which implement or further the policies, goals and
                                             standards of the LY*IRP.


                                      vii)   Develops and maintains liaison with neighboring municipali-ties,
                                             and with State and County agencies concerned, with a view to
                                             strengthening and developing cooperation in, and common
                                             management of, shared drainage basins for flood and pollution
                                             control and other purposes.

                                      viii)  Prepares an annual report to the municipal governments on
                                             progress achieved and problems encountered during the year, and
                                             recommens such actions as the Commission considers necessary
                                             for the further implementation of the LVW.



                                                             V-24








                                   ix)    Makes or prepares such reports and communications concerning
                                          the LWRP to the Department of State and other agencies of the
                                          State of New York, by or on behalf of the municipal governments,
                                          as may be appropriate or required.

                                   X)     Performs such other functions regarding the coastal zone as may
                                          from time to time be required or assigned by the Village Boards.

                            d)     Other Provisions

                                   i)     Members of the Commission serve without compensation. They
                                          are entitled to reimbursement for necessary expenditures in the
                                          performance of their work, subject to budgetary limitations.

                                   ii)    The Commission may engage such professional and clerical help
                                          and purchase such supplies and services as are necessary for its
                                          work, subject to prior budgetary approval by the two
                                          municipalities as the latter may direct.

                                   iii)   The Commission meets at the call of the Chairman, however, the
                                          Commission shall not meet less than six (6) times per year. Its
                                          meetings are open to the public. It will keep and distribute
                                          minutes of its proceedings. A majority of its members constitute
                                          a quorum.

                            e)     Limitation

                                   Notwithstanding any other provision of this Program, no powers, duties,
                                   or functions are conferred by it on the Joint Village Coastal Management
                                   Commission other than those set forth in paragraphs (c) and (d) above;
                                   and no provision of this Program shall be construed as altering the
                                   powers, duties, and functions of the existing municipal planning and
                                   zoning boards or commissions of the Villages of Head-of-the-Harbor and
                                   Nissequogue.














                                                          V-25









                         3.       Consistencl Procedures for Local Agency Actions

                                  Each proposed action* directly undertaken, funded, permitted or otherwise
                                  approved by a Village agency for a given public or private project, use or activity
                                  within the Local Waterfront Revitalization Area (LWRA) of the Villages of Head-
                                  of-the-Harbor and Nissequogue shall be reviewed for compliance with the LWRP
                                  pursuant to appropriate provisions of the laws of each Village. The following
                                  procedures shall be integrated into the Villages' procedures for compliance with
                                  SEQR.

                                  The specific compliance procedures are as follows:

                                  a)      Whenever an agency proposes a direct action or receives an application
                                          for review and approval, it shall prepare or require the applicant to
                                          prepare an Environmental Assessment Form (EAF) and a Coastal
                                          Assessment Form (CAF).

                                  b)      A copy of the EAF and the CAF, together with copies of the application
                                          and any supporting material shall be forwarded to the Joint Village
                                          Coastal Management Commission within five (5) days of receipt from the
                                          applicant.

                                  c)      The Chairman of the Commission shall determine if the application or
                                          direct action description, and any supporting material submitted,
                                          constitutes a full statement for the purpose of determining the consistency
                                          with the LWRP. The Chairman may request any other material deemed
                                          necessary for a complete review.





                 *An action means:


                 1)      a project or physical activity, such as construction or other activities, which changes the use or
                         appearance of any natural resource or structure classified as a T`ype I or Unlisted Action pursuant to
                         Local law #5 of 1978 of the Village of Head-of-the-Harbor and Local Law #2 of 1985 of the Village of
                         Nissequogue, which is:

                         a)       directly undertaken by an agency;
                         b)       involves funding by an agency; or
                         C)       requires one or more permits or approvals from an agency or agencies;

                 2)      plannenst activities of an agency that commit the agency to a course of action or future decisions;

                 3)      agency rule, regulations, procedure and policy making; and

                 4)      combinations of the above.


                                                                    V-26









                             d)      If the Chairman determines that there are other interested agencies, a copy
                                     of the application and all supporting material, including the EAF and
                                     CAF, shall be forwarded to each interested agency.

                             e)      The Commission shall review the proposed action to determine whether
                                     it is consistent, consistent if conditions are met, or inconsistent with the
                                     D&W. If inconsistent, the Commission shall include modifications that
                                     might be made to make the project consistent.

                             f)      While the Commission is determining the consistency of a proposed action
                                     with the LWRP, the originating agency (i.e. planning board, architectural
                                     review board, zoning board of appeals, Village Board, etc.) shall conduct
                                     its review as provided for in the applicable local laws of that Village.

                             g)      Within thirty (30) days of its receipt of the application, the Commission
                                     shall send its findings, in writing, to the originating agency.           An
                                     originating agency may not take action on an application or a direct action
                                     until it has received and considered the consistency recommendation of the
                                     Commission in its decision.


                             h)      If the originating agency, after reviewing the written recommendations of
                                     the Commission finds that it disagrees with the consistency
                                     recommendation of the Commission, it shall prepare a written finding
                                     detailing its position within fifteen (15) days. The Commission and
                                     originating agency shall upon completion of the originating agency's
                                     findings, meet to resolve their differences.

                             i)      If the Commission and the originating agency cannot reach a mutually
                                     agreeable consistency determination, the matter will be referred to the
                                     Village Board of the Village in which the action occurs for final
                                     resolution. The originating agency may take no action until the Village
                                     Board has made its determination.


                     4.      Procedures for an Inteerated Review of Municipal Actions Within the Local
                             Waterfront Revitalization Area of Stonj Brook Harbor, Smithtown Bay, an
                             the Nissequogge River.

                             a)      This procedure shall be used to implement an intermunicipal cooperative
                                     agreement for the consistency review of actions by the Town of
                                     Smithtown and the Villages of Head-of-the-Harbor and Nissequogue, and
                                     is in addition to the LVVRP consistency laws of the Town of Smithtown
                                     and the Villages of Head-of-the-Harbor and Nissequogue, and applies to
                                     the LWRP areas of Stony Brook Harbor, the Nissequogue River from the
                                     southernmost municipal and jurisdictional boundaries of the Village of


                                                             V-27









                                      Nissequogue and the Town of Smithtown northward to Smithtown Bay,
                                      and Smithtown Bay fifteen hundred feet (1500') offshore from the
                                      Nissequogue River's confluence with Smithtown Bay, easterly 1500' from
                                      shore to the confluence of Stony Brook Harbor with Smithtown Bay.

                              An action is defined as:


                                      1)     A project or physical activity, such as construction or other
                                             activities, which changes the use or appearance of any natural
                                             resource or structure classified as a Type I or an Unlisted Action
                                             pursuant to 6NYCRR. Part 617, which is:

                                             (a)    directly undertaken by an agency;
                                             (b)    involves funding by an agency; or
                                             (c)    requires one or more permits or approvals from an agency
                                                    or agencies.

                                      2)     Planning activities of an agency that commit the agency to a course
                                             of future decisions;

                                      3)     Agency rule, regulations, procedure and policy making; and

                                      4)     Combination of the above.

                              b)      Notification procedurgs

                                      1)     When a Town of Smithtown agency is considering an action in the
                                             areas described above in Stony Brook Harbor, the Nissequogue
                                             River, or Smithtown Bay, the Town Planning Director or Chief
                                             Building Official as the case may be, shall notify the Villages of
                                             Head-of-the-Harbor and Nissequogue Joint Village Coastal
                                             Management Commission of such action; when a Village of
                                             Nissequogue agency is considering an action in Stony Brook
                                             Harbor, the Nissequogue River, or Smithtown Bay, or a Village
                                             of Head-of-the-Harbor agency is considering an action in Stony
                                             Brook Harbor, the Joint Village Coastal Management Commission
                                             shall notify the Town of Smithtown Planning Director of such
                                             action.


                                      2)     Notification of a proposed action

                                             (a)    Shall fully describe the nature and location of the action;




                                                             V-28









                                              (b)    Shall stipulate the dates and times of hearings, meetings,
                                                     and review and comment periods;

                                              (c)    Shall be accomplished by the exchange of Coastal
                                                     Assessment Forms, Environmental Assessment Forms,
                                                     copies of all applications and all supporting documentation;

                                              (d)    Should be provided as early in the planning stages of the
                                                     action as possible, but in any event at least thirty (30) days
                                                     prior to the agency's decision on the action.

                              c)      Review Procedures

                                      1)      Village Action

                                              (a)    Upon receipt of the notification by the Town Planning
                                                     Director from the Villages' Joint Coastal Management
                                                     Commission, the Town Planning Director shall forward a
                                                     copy of the notification to other interested and involved
                                                     Town agencies and to the Town Board for review and
                                                     comment.


                                              (b)    The Town Board shall review the notification describing
                                                     the proposed Village action against the policies and
                                                     standards of the Town's approved LWRP, and shall receive
                                                     and review comments from any other interested and
                                                     involved Town agency on the consistency of such action
                                                     within fifteen (15) days of such referral from the Town
                                                     Planning Director.

                                              (c)    If the Town Board can not identify any conflicts between
                                                     the proposed Village action and the applicable policies and
                                                     standards of the Town's approved LYVMP, it shall notify
                                                     the Town Planning Director of such finding, who will
                                                     notify the Joint Village Coastal Management Commission
                                                     of the Town Boards' finding.

                                              (d)    If the Town Planning Director does not notify Village
                                                     Officials in writing of the Town's finding within twenty
                                                     five (25) days of receipt of the notification, the Village may
                                                     assume that the proposed action does not conflict with the
                                                     Town's approved LWRP.




                                                              V-29








                                              (e)     If the Town Planning Director notifies Village officials in
                                                      writing that the proposed action does conflict with the
                                                      policies and standards of the Town's approved LYRP, the
                                                      Village shall not proceed with the action until identified
                                                      conflicts have been resolved in accordance with the
                                                      procedures set forth herein.

                                      2)      Town Action

                                              (a)     Upon receipt of notification by the Villages' Joint Coastal
                                                      Management Commission from the Town Planning
                                                      Director, the Commission Chairperson or the Chairperson's
                                                      designee shall forward a copy of the notification to other
                                                      interested and involved agencies.

                                              (b)     The Joint Village Coastal Management Commission shall
                                                      review the notification of the proposed Town action against
                                                      the policies and standards of the Villages' approved LV*IRP.

                                              (c)     If the Joint Village Coastal Management Commission can
                                                      not identify any conflicts between the proposed Town
                                                      action and the applicable policies and standards of the
                                                      Villages' approved LWRP, the Chairperson shall notify the
                                                      Town Planning Director of the Villages' finding.

                                              (d)     If the Chairperson does not notify Town Officials in
                                                      writing of the Villages' finding within twenty five (25) days
                                                      of receipt of the notification, the Village may assume that
                                                      the proposed action does not conflict with the Villages'
                                                      approved L)WRP.

                                              (e)     If the Chairperson notifies Town officials in writing that
                                                      the proposed action does conflict with the policies and
                                                      standards of the Villages' approved LWRP, the Town shall
                                                      not proceed with the action until identified conflicts have
                                                      been resolved, in accordance with the procedures set forth
                                                      herein.


                              d)      Resolution of Conflicts

                                      1)      The following procedures shall apply whenever a proposed action
                                              conflicts with the policies and standards of the Villages of Head-
                                              of-the-Harbor and Nissequogue LWRP, or the Town of Smithtown
                                              LWRP.


                                                              V-30









                                             (a)    The Chairperson of the Joint Village Coastal Management
                                                    Commission or the Chairperson's designated representa-tive
                                                    and the Supervisor of the Town Board or the Supervisor's
                                                    designated representative within fifteen (15) days of receipt
                                                    of written notification of a finding that a proposed action
                                                    conflicts with an LWRP policy or standard, may meet to
                                                    resolve such conflicts with respect to the consistency of the
                                                    proposed action with the relevant LWRP.

                                             (b)    If the Chairperson of the Joint Village Coastal Management
                                                    Commission or the Chairperson's designated representative
                                                    and Supervisor of the Town or the Supervisor's designated
                                                    representative can settle the conflicts by a mutually
                                                    agreeable decision, and their respective Commission and
                                                    Town Board approve of such decision by resolution, the
                                                    originating agency may proceed with the implementation of
                                                    the action.    In passing the resolution approving such
                                                    decision, the Commission and Town Board shall act within
                                                    fifteen (15) days from the date of referral of the proposed
                                                    conflict settlement decision: failure to act within this time
                                                    frame shall be deemed to be an approval of the action.

                                             (c)    If the conflicts can not be resolved by a mutually agreeable
                                                    decision, or the Chairperson of the Joint Village Coastal
                                                    Management Commission or the Chairperson's designated
                                                    representative and the Supervisor of the Town or the
                                                    Supervisor's designated representative shall fail to have met
                                                    within the required time as set forth in this chapter, then
                                                    the matter will be referred to the respective Village Board
                                                    of Trustees and Town Board for resolution pursuant to the
                                                    procedures of the Chapter.

                                                    The municipality which determines that the proposed action
                                                    conflicts with its LVW may prepare and file with the
                                                    clerk of the municipality proposing the action a
                                                    memorandum of protest with regard to the inconsistency of
                                                    the proposed action. The memorandum of protest must
                                                    contain a statement indicating the reasons for the
                                                    inconsistency of the proposed action and recommend
                                                    reasonable alterations, alternatives or modifications to the
                                                    proposed action. When such memorandum of protest is
                                                    filed, the municipality proposing the action shall not act
                                                    contrary to such memorandum of protest except by a vote
                                                    of a majority plus one of all the Board members thereof.


                                                             V-31









                                                       Such action shall be subject to judicial review pursuant to
                                                       the law providing for review of acts of such municipal
                                                       agencies, commenced within thirty (30) days of its adoption
                                                       or passage.

                                               (d)     The Town Board and the Joint Village Coastal Management
                                                       Commission may mutually agree to extend any time
                                                       limitation designated in this Chapter. Failure to act within
                                                       the time requirement of this Chapter shall be deemed to be
                                                       the equivalent of approval of such action by the non-acting
                                                       municipality.

                       5.      Procedures to Review State Actions for Consistency with LWRP

                               a)      Notification Procedure

                                       1)      When a State agency is considering an action, the State agency
                                               shall notify the Mayor of the Village in which the action is
                                               located.


                                       2)      Notification of a proposed action by a State agency:

                                               (a)     Shall fully describe the nature and location of the action;

                                               (b)     Shall be accomplished by use of either the State
                                                       Clearinghouse, other existing State agency notification
                                                       procedures, or through any alternative procedure agreed
                                                       upon by the State agency and local government;

                                               (c)     Should be provided to the Mayor as early in the planning
                                                       stages of the action as possible, but in any event at least 30
                                                       days prior to the agency's decision on the action.

                                       3)      If the  proposed action will require the preparation of a draft
                                               environmental impact statement, the filing of this draft document
                                               with the Mayor in each Village can serve as the State agency's
                                               notification to the local government.

                               b)      Local Government Review Procedure

                                       1)      Upon receipt of notification from a State agency, the Mayor will
                                               refer the notification to the Commission which win be responsible
                                               for evaluating a proposed action against the policies and purposes



                                                               V-32









                                             of the approved LNVRP. It shall notify the Mayor of the Village
                                             in which action occurs of its findings.

                                      2)     If the Commission cannot identify any. conflicts between the
                                             proposed action and the applicable policies and purposes of the
                                             approved LWRP. The Mayor should inform the State agency in
                                             writing of the Commission's finding.           Upon receipt of the
                                             Commission's finding, the State agency may proceed with its
                                             consideration of the proposed action in accordance with 19
                                             NYCRR Part 600.

                                      3)     If the Mayor does not notify the State agency in writing of the
                                             Commission's finding within the established review period, the
                                             State agency may then presume that the proposed action does not
                                             conflict with the policies and purposes of the approved LYW.

                                      4)     If the Mayor notifies the State agency in writing that the proposed
                                             action does conflict with the policies and/or purposes of the
                                             approved LY;RP, the State agency shall not proceed with the
                                             action for a period of 90 days or until the identified conflicts have
                                             been resolved, whichever is earlier. The Mayor shall forward a
                                             copy of the identified conflicts to the Secretary of State at the time
                                             when the State agency is notified. In notifying the State agency,
                                             the Village shall identify the specific policies and purposes of the
                                             LVR,P with which the proposed action conflicts.

                              C)      Resolution of Conflicts

                                      1)     In accordance with the procedural guidelines issued by the
                                             Department of State:        the following procedure shall apply
                                             whenever the Mayor has notified the Secretary of State and the
                                             State agency that a proposed action conflicts with the policies and
                                             purposes of its approved LWRP.

                                             (a)     Upon receipt of notification from the Mayor that a
                                                     proposed action conflicts with its approved LWRP, the
                                                     State agency should contact the Mayor to discuss the
                                                     content of the identified conflicts and the means for
                                                     resolving them. A meeting of State agency and Village
                                                     representatives may be necessary to discuss and resolve the
                                                     identified conflicts. This discussion should take place
                                                     within 30 days of the receipt of a conflict notification from
                                                     the Mayor.



                                                              V-33









                                                (b)     If the discussion between the Village and the State agency
                                                        results in the resolution of the identified conflicts, the State
                                                        agency can then proceed with its consideration of the
                                                        proposed action in accordance with 19 NYCRR Part 600.
                                                        The Mayor shall notify the State agency, in writing, with
                                                        a copy forwarded to the Secretary of State, that all of the
                                                        identified conflicts have been resolved.


                                                (c)     If the consultation between the Village and the State agency
                                                        does not lead to the resolution of the identified conflicts,
                                                        either party may request, in writing, the assistance of the
                                                        Secretary of State to resolve any or all of the identified
                                                        conflicts. This request must be received by the Secretary
                                                        within 15 days following the discussion between the Village
                                                        and the State agency. The party requesting the assistance
                                                        of the Secretary of State shall forward a copy of their
                                                        request to the other party.

                                                (d)     Within 30 days following the receipt of a request for
                                                        assistance, the Secretary or a Department of State official
                                                        or employee designated by the Secretary, will discuss the
                                                        identified conflicts and circumstances preventing their
                                                        resolution with appropriate representatives from the State
                                                        agency and Village.

                                                (e)     If agreement among all parties cannot be reached during
                                                        this discussion, the Secretary shall, within 15 days, notify
                                                        both    parties    of    the    Secretary's     findings     and
                                                        recommendations.


                                                (f)     The State agency shall not proceed with the proposed
                                                        action    until either the Secretary's          findings and
                                                        recommendations have been received, or 90 days from the
                                                        date a notification of a conflict was received from the
                                                        Mayor, whichever is earlier.

                        6.      Procedures for Department of State and Villages of Head-of-the-Harbor and
                                Nisseggogue Review of Federal Actions for Consistency with the LVMP.

                                a)      Permits and Licenses

                                        1)      The Department of State (DOS) will acknowledge the receipt of an
                                                applicant's consistency certification and application materials, and



                                                                 V-34








                                            at the time forward a copy of the submitted documentation to the
                                            Mayor.

                                    2)      Within thirty (30) days of receiving such information, the Mayor,
                                            or the Mayor's designated representative will contact the assigned
                                            DOS reviewer to discuss:      (1) the need to request additional
                                            information for review purposes; and (b) any possible problems
                                            pertaining to the consistency of a proposed action with local
                                            coastal policies.

                                    3)      When the DOS and Village agree that additional information is
                                            necessary, the DOS will request the applicant to provide the
                                            information. A copy of this information will be provided to the
                                            Mayor upon request.

                                    4)      Within thirty (30) days of receiving the requested additional
                                            information or discussing possible problems of a proposed action
                                            with the DOS reviewer, whichever is later, the Mayor will notify
                                            DOS of the reasons why a proposed action may be inconsistent or
                                            consistent with Village coastal policies.

                                    5)      After that notification, the Mayor will submit any written
                                            comments and recommendations on a proposed permit action to the
                                            DOS before or at the conclusion of the official public comment
                                            period. If such comments and recommendations are not forwarded
                                            to DOS by the end of the public comment period, DOS will
                                            presume that the Village has "no opinion" on the consistency of
                                            the proposed action with Village coastal policies.

                                    6).     If the DOS does not fully concur with and/or has any questions on
                                            the comments and recommendations submitted by the Mayor on a
                                            proposed permit action, DOS will contact the Commission
                                            Chairman to discuss any differences of opinion prior to issuing its
                                            letter of "concurrence" of "objection" to the applicant.

                                    7)      A copy of DOS' "concurrence" or "objection" letter to the
                                            applicant will be forwarded to the Mayor.

                            b)      Direct Actions

                                    1)      After acknowledging the receipt if a consistency determination and
                                            supporting documentation from a Federal agency, DOS win
                                            forward copies of the determination and other descriptive



                                                            V-35









                                             information on the proposed direct action to the Mayor and other
                                             interested parties.

                                      2)     This notification will state the date by which all comments and
                                             recommendations must be submitted to DOS and will identify the
                                             assigned DOS reviewer.

                                      3)     The review period will be about twenty-five (25) days.            If
                                             comments and recommendations are not received by the end of the
                                             established review period, DOS will presume that the Village has
                                             11no opinion" on the consistency of the proposed direct Federal
                                             agency action with Village coastal policies.

                                      4)     If DOS does not fully concur with and/or has any questions on the
                                             comments and recommendations submitted by the Mayor, DOS
                                             will contact the Mayor to discuss any differences of opinion or
                                             questions prior to agreeing or disagreeing with the Federal
                                             agency's consistency determination on the proposed direct action.

                                      5)     A copy of DOS' "agreement" or "disagreement" letter to the
                                             Federal agency will be forwarded to the Mayor.

                              C)      Financial Assistance

                                      1)     DOS will request information on a proposed financial assistance
                                             action from the applicant (State or Village agency) for consistency
                                             review purposes. A copy of this letter will be forwarded to the
                                             Mayor and will serve as notification that the proposed action may
                                             be subject to review.

                                      2)     If the applicant is a Village agency, the Mayor will contact the
                                             agency and request copies of any application documentation for
                                             consistency review purposes. If the proposed action has already
                                             been reviewed by the Commission for consistency with the LWRP,
                                             the Mayor will notify DOS of the outcome of that review.

                                      3)     The Mayor will acknowledge receipt of the requested information
                                             and send a copy to the DOS.

                                      4)     If the applicant is a State agency, DOS will request the agency to
                                             provide a copy of the application documentation to the Mayor.

                                      5)     The DOS will acknowledge the receipt of the requested informa-
                                             tion and provide a copy of this acknowledgement to the Mayor.


                                                             V-36







                                     6)     The review period will conclude thirty (30) days after the date of
                                            the Mayor's or DOS' letter of acknowledgement.

                                     7)     The Mayor must submit any comments and recommendations on
                                            the proposed action to DOS within twenty (20) days from the start
                                            of the review period. If comments and recommenda-tions are not
                                            received within that twenty-day period, DOS will presume that the
                                            Village has "no opinion" on the consistency of the proposed
                                            financial assistance action with local coastal policies.

                                     8)     If the DOS does not fully concur with or has any questions on the
                                            comments and recommendations submitted by the Mayor, the DOS
                                            will contact the Mayor to discuss any differences of opinion prior
                                            to agreeing or objecting to the Federal agency's consistency
                                            determination on the proposed financial assistance or action.

                                     9)     A copy of DOS' "no objection" or "objection" letter to the
                                            applicant will be forwarded to the Mayor.


              E.      FINANCIAL RESOURCES NECESSARY TO VAPLEMENT THE LWRP


              Financing the implementation of the LV*TRP falls into the following two broad categories: (1)
              day-to-day management of the program and (2) development of long-term prej       ects and program
              refinement.


              The Villages have traditionally operated on the basis of residents volunteering to serve on boards
              to implement local laws, such as zoning and architectural review, or to promote important
              activities such as the Conservation Advisory Council. The LWRP was prepared by such a
              volunteer citizen group. The operating costs of these local boards are provided by the Village
              government. The operating expenses of the Joint Village Coastal Management Commission are
              a part of the regular budgets of the two Villages. Operating expenses will be offset by
              instituting a fee structure and by coordinating the activities of the Commission with existing
              boards.


              The long-term projects and program refinement activities described in Part IV qualify for
              funding support from state, federal and private sources. The Villages, with the guidance of the
              Commission, will pursue support from these other sources. The Commission and the municipal
              governments will work closely with the DOS Division of Coastal Resources and Waterfront
              Revitalization to secure these outside funds.



              F.      SUMMARY CHART OF ACTIONS IMPLEMENTING LWRP POLICIES

              Sections IV and V presented discussions of projects, laws and other activities necessary to
              implement the LWRP. These methods are summarized in the following charts.



                                                            V-37







































                                                                                                        SUMKARY OF POLICY IMPLEMENTATION

                                                                                                      VILLAGE:OF HEAD-OF-THE-HARBOR


                                Development             Fish & Wildlife       Flooding & Erosion        Access & Rec        Historic/    Energy                             Air & Water Resources
                                 Policies                  Policies               Policies                Policies           Scenic      Ag Ice Mgmt,


             HEAD-OF-THE-HARBOR P 2 3* P 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22                             23 24 25 26 27* 28*        29* 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44



             Zoning Law               x          x     x x            x   x   x   x           x         x                      x    x                       x                           x
             Subdivision Regs                                         x   x       x           x                    x           x                                    x               x x
             Exterior Design
              of Buildings                                                                                             x       x
             Vehicular Access
              to Beaches                                                  x       x           x
      ko     Building Law             x          x x x            x   x   x   x   x           x         x              x       x
             Flood Regs                                               x
             EOR Law                  x          x     x x            x   x   x   x   x   x   x                        x       x   x                  x    x   x   x   x   x    X   X    X   X   X   X   X   X   x
             Waterways                                 x                                      x       x       x                                                                                                  x
             Trees                                                                x           x                                x
             Hunting                                   x









































                                                                                                     SUMMARY OF POLICY IMPLEMENTATION


                                                                                                           VILLAGE OF NISSEQUOGUE


                                  Development             Fish & Wildlife       Flooding & Erosion        Access & Rec         Historic/   Energy                              Air & Water Resources
                                - Policies                   Policies               Policies                Policies            Scenic     Ag Ice Mgmt


              NI                  1* 2 3* 4* 5 6 7 8 9 10 11 12 13 14 15 16 17                     IS 19 20 21 22 23 24         25 26 27* 28* 29* 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44


              Zoning Ordinance        x          x      x x                                             x                       x    x                      x                    x         x
              Flood Regs.                                            x             x           x
              Exterior Design
                of Buildings                                                                                           x        x
              Waterways                                 x                                      x        x      x                                                                                                     x
              Trees                                                       x        x           x                                x
              EQR Law                 x                                        x   x   x   x   x                        x       x    x                   x   x   x    x   x   x   x    x   x   x   x x    x    x     x
              Subdivision Regs                                       x             x           x        x    x     x            x                                    x                 x
              Satellite Antenna                                                                                         x       x
              Exterior Lights                                                                                                   x
              Reg. of Vehicles                          x             ---x         x           x                                                                                       x
              Regs                                      x     x x                                                                                                                      x x                           x







   0
























                                   SECTION VI


   0                STATE AND FEDERAL ACTIONS AND PROGRAMS

                        LIKELY TO AFFECT PUPLEMENTATION









             SECTION VI: STATE AND FEDERAL ACTIONS AND PROGRAMS LIKELY TO
                              AFTECT EWPLEMENTATION


             State and Federal actions will affect and be affected by implementation of the LY*rRP. Under
             State law and the U.S. Coastal Zone Management Act, certain State and Federal actions
             within or affecting the local waterfront area must be "consistent" or "consistent to the
             maximum extent practicable" with the enforceable policies and purposes of the LY*TRP. This
             consistency requirement makes the LWRP a unique, intergovernmental mechanism for setting
             policy and making decisions and helps to prevent detrimental actions from occurring and
             future options from being needlessly foreclosed. At the same time, the active participation of
             State and Federal agencies is also likely to be necessary to implement specific provisions of
             the LWRP.


             The first part of this section identifies the actions and programs of State and Federal agencies
             which should be undertaken in a manner consistent with the L)NRP. This is a generic list of
             actions and programs, as identified by the NYS Department of State; therefore, some of the
             actions and programs listed may not be relevant to this LWRP. Pursuant to the State
             Waterfront Revitalization and Coastal Resources Act (Executive Law, Article 42), the
             Secretary of State individually and separately notifies affected State agencies of those agency
             actions and programs which are to be undertaken in a manner consistent with approved
             LWRPs. Similarly, Federal agency actions and programs subject to consistency requirements
             are identified in the manner prescribed by the U.S. Coastal Zone Management Act and its
             implementing regulations. The lists of State and Federal actions and programs included
             herein are informational only and do not represent or substitute for the required identification
             and notification procedures. The current official lists of actions subject to State and Federal
             consistency requirements may be obtained from the NYS Department of State.

             The second part of this section is a more focused and descriptive list of State and Federal
             agency actions which are necessary to further implement the LWRP. It is recognized that a
             State or Federal agency's ability to undertake such actions is subject to a variety of factors
             and considerations; that the consistency provisions referred to above, may not apply; and that
             the consistency requirements can not be used to require a State or Federal agency to
             undertake an action it could not undertake pursuant to other provisions of law. Reference
             should be made to Section IV and Section V, which also discuss State and Federal assistance
             needed to implement the LWRP.












                                                           VI-3










               A. STATE AND FEDERAL ACTIONS AND PROGRAMS WHICH SHOULD BE
                      UNDERTAKEN IN A MANNER CONSISTENT WITH THE LWRP


                      1.      State Agencies



                      OFFICE FOR THE AGING


                      1.00 Funding and/or approval programs for the establishment of new or expanded
                              facilities providing various services for the elderly.



                      DEPARTMENT OF AGRICULTURE AND MARKETS


                      1.00    Agricultural Districts Program
                      2.00    Rural Development Program
                      3.00    Farm Worker Services Programs.
                      4.00    Permit and approval programs:

                              4.01   Custom Slaughters/Processor Permit
                              4.02 Processing Plant License
                              4.03 Refrigerated Warehouse and/or Locker Plant License


                      DIVISION OF ALCOHOLIC BEVERAGE CONTROL/STATE LIQUOR
                      AUTHORITY


                      1.00    Permit and Approval Programs:

                              1.01   Ball Park - Stadium License
                              1.02   Bottle Club License
                              1.03   Bottling Permits
                              1.04   Brewer's Licenses and Permits
                              1.05   Brewer's Retail Beer License
                              1.06,  Catering Establishment Liquor License
                              1.07   Cider Producer's and Wholesaler's Licenses
                              1.08   Club Beer, Liquor, and Wine Licenses
                              1.09   Distiller's Licenses
                              1.10   Drug Store, Eating Place, and Grocery Store Beer Licenses
                              1.11   Farm Winery and Winery Licenses
                              1.12   Hotel Beer, Wine, and Liquor Licenses
                              1.13   Industrial Alcohol Manufacturer's Permits
                              1.14   Liquor Store License
                              1.15   On-Premises Liquor Licenses


                                                            VI-4









                            1.16    Plenary Permit (Miscellaneous-Annual)
                            1.17    Summer Beer and Liquor Licenses
                            1.18    Tavern/Restaurant and Restaurant Wine Licenses
                            1.19    Vessel Beer and Liquor Licenses
                            1.20    Warehouse Permit
                            1.21    Wine Store License
                            1.22    Winter Beer and Liquor Licenses
                            1.23    Wholesale Beer, Wine, and Liquor Licenses


                     DIVISION OF ALCOHOLISM AND ALCOHOL ABUSE


                     1.00   Facilities, construction, rehabilitation, expansion, or demolition or the funding
                            of such activities.


                     2.00   Permit and approval programs:

                            2.01    Letter Approval for Certificate of Need
                            2.02    Operating Certificate (Alcoholism Facility)
                            2.03    Operating Certificate (Community Residence)
                            2.04    Operating Certificate (Outpatient Facility)
                            2.05    Operating Certificate (Sobering-Up Station)


                     COUNCIL ON THE ARTS


                     1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding
                            of such activities.


                     2.00 Architecture and environmental arts program.



                     DEPARTMENT OF BANKING


                     1.00   Permit and approval programs:

                            1.01    Authorization Certificate (Bank Branch)
                            1.02    Authorization Certificate (Bank Change of Location)
                            1.03    Authorization Certificate (Bank Charter)
                            1.04    Authorization Certificate (Credit Union Change of Location)
                            1.05    Authorization Certificate (Credit Union Charter)
                            1.06    Authorization Certificate (Credit Union Station)
                            1.07    Authorization Certificate (Foreign Banking Corporation Change of
                                    Location)


                                                           VI-5









                              1.08   Authorization Certificate (Foreign Banking Corporation Public
                                     Accommodations Office)
                              1.09   Authorization Certificate (Investment Company Branch)
                              1.10   Authorization Certificate (Investment Company Change of Location)
                              1.11   Authorization Certificate (Investment Company Charter)
                              1.12   Authorization Certificate (Licensed Lender Change of Location)
                              1.13   Authorization Certificate (Mutual Trust Company Charter)
                              1.14   Authorization Certificate (Private Banker Charter)
                              1.15   Authorization Certificate (Public Accommodation Office - Banks)
                              1.16   Authorization Certificate (Safe Deposit Company Branch)
                              1.17   Authorization Certificate (Safe Deposit Company Change of Location)
                              1.18   Authorization Certificate (Safe Deposit Company Charter)
                              .1.19  Authorization Certificate (Savings Bank Charter)
                              1.20   Authorization Certificate (Savings Bank De Novo Branch Office)
                              1.21   Authorization Certificate (Savings Bank Public Accommodations Office)
                              1.22   Authorization Certificate (Savings and Loan Association Branch)
                              1.23   Authorization Certificate (Savings and Loan Association Change of
                                     Location)
                              1.24   Authorization Certificate (Savings and Loan Association Charter)
                              1.25   Authorization Certificate (Subsidiary Trust Company Charter)
                              1.26   Authorization Certificate (Trust Company Branch)
                              1.27   Authorization Certificate (Trust Company-Change of Location)
                              1.28   Authorization Certificate (Trust Company Charter)
                              1.29   Authorization Certificate (Trust Company Public Accommodations
                                     Office)
                              1.30   Authorization to Establish a Life Insurance Agency
                              1.31   License as a Licensed Lender
                              1.32   License for a Foreign Banking Corporation Branch



                      DEPARTMEENT OF COMNERCE

                      1.00 Preparation or revision of statewide or specific plans to address State economic
                              development needs.

                      2.00 Allocation of the state tax-free bonding reserve.


                      DEPARTMIENT OF CORRECTIONAL SERVICES


                      1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding
                              of such activities.





                                                            VI-6










                   DORMITORY AUTHORITY OF THE STATE OF NEW YORK


                   1.00 Financing of higher education and health care facilities.

                   2.00 Planning and design services assistance program.



                   EDUCATION DEPARTMENT


                   1.00   Facilities construction, rehabilitation, expansion, demolition or the funding of
                          such activities.


                   2.00   Permit and approval programs:

                          2.01   Certification of Incorporation (Regents Charter)
                          2.02   Private Business School Registration
                          2.03   Private School License
                          2.04   Registered Manufacturer of Drugs and/or Devices
                          2.05   Registered Pharmacy Certificate
                          2.06   Registered Wholesale of Drugs and/or Devices
                          2.07   Registered Wholesaler-Repacker of Drugs and/or Devices
                          2.08   Storekeeper's Certificate



                   ENERGY PLANNING BOARD AND ENERGY OFFICE


                   1.00 Preparation and revision of the State Energy Master Plan.


                   NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
                   AUTHORITY


                   1.00 Issuance of revenue bonds to finance pollution abatement modifications in
                          power-generation facilities and various energy projects.



                   DEPARTMENT OF ENVIRONMENTAL CONSERVATION


                   1.00 Acquisition, disposition, lease, grant of easement and other activities related to
                          the management of lands under the jurisdiction of the Department.

                   2.00 Classification of Waters Program; classification of land areas under the Clean
                          Air Act.




                                                      VI-7









                     3.00 Facilities construction, rehabilitation, expansion, or demolition or the funding
                            of such activities.


                     4.00   Financial assistance/grant programs:

                            4.01   Capital projects for limiting air pollution
                            4.02   Cleanup of toxic waste dumps
                            4.03   Flood control, beach erosion and other water resource projects
                            4.04   Operating aid to municipal wastewater treatment facilities
                            4.05   Resource recovery and solid waste management capital projects
                            4.06   Wastewater treatment facilities'


                     5.00   Funding assistance for issuance of permits and other regulatory activities (New
                            York City only).

                     6.00   Implementation of the Environmental Quality Bond Act of 1972, including:

                            (a)    Water Quality Improvement Projects;
                            (b)    Land Preservation and Improvement Projects including Wetland
                                   Preservation and Restoration Projects, Unique Area Preservation
                                   Projects, Metropolitan Parks Projects, Open Space Preservation
                                   Projects and Waterways Projects.

                     7.00 Marine Finfish and Shellfish Programs.

                     8.00   New York Harbor Drift Removal Project.

                     9.00   Permit and approval programs:

                            Air Resources


                            9.01   Certificate of Approval for Air Pollution Episode Action Plan
                            9.02   Certificate of Compliance for Tax Relief - Air Pollution Control
                                   Facility
                            9.03   Certificate to Operate: Stationary Combustion Installation; Incinerator;
                                   Process, Exhaust or Ventilation System
                            9.04   Permit for Burial of Radioactive Material
                            9.05   Permit for Discharge of Radioactive Material to Sanitary Sewer
                            9.06   Permit for Restricted Burning
                            9.07   Permit to Construct: Stationary Combustion Installation; Incinerator;
                                   Indirect Source of Air Contamination; Process, Exhaust or Ventilation
                                   System




                                                        VI-8










                          Construction Mana2ement


                          9.08 Approval of Plans and Specifications for Wastewater Treatment
                                 Facilities


                          Fish and Wildlife


                          9.09   Certificate to Possess and Sell Hatchery Trout in New York State
                          9.10   Commercial Inland Fisheries Licenses
                          9.11   Fishing Preserve License
                          9.12   Fur Breeder's License
                          9.13   Game Dealer's License
                          9.14   Licenses to Breed Domestic Game Animals
                          9.15   License to Possess and Sell Live Game
                          9.16   Permit to Import, Transport and/or Export under Section 184. 1 (11-
                                 0511)
                          9.17   Permit to Raise and Sell Trout
                          9.18   Private Bass Hatchery Permit
                          9.19   Shooting Preserve Licenses
                          9.20   Taxidermy License

                          Lands and Forest


                          9.21   Certificate of Environmental Safety (Liquid Natural Gas and Liquid
                                 Petroleum Gas)
                          9.22   Floating Object Permit
                          9.23   Marine Regatta Permit
                          9.24   Mining Permit
                          9.25   Navigation Aid Permit
                          9.26   Permit to Plug and Abandon (a non-commercial, oil, gas or solution
                                 mining well)
                          9.27   Permit to Use Chemicals for the Control or Elimination of Aquatic
                                 Insects
                          9.28   Permit to Use Chemicals for the Control or Elimination of Aquatic
                                 Vegetation
                          9.29   Permit to Use Chemicals for the Control or Extermination of
                                 Undesirable Fish
                          9.30   Underground Storage Permit (Gas)
                          9.31   Well Drilling Permit (Oil, Gas, and Solution Salt Mining)








                                                       VI-9










                              Marine Resources


                              9.32   Digger's Permit (Shellfish)
                              9.33   License of Menhaden Fishing Vessel
                              9.34   License for Non-Resident Food Fishing Vessel
                              9.35   Non-Resident Lobster Permit
                              9.36   Marine Hatchery and/or Off-Bottom Culture Shellfish Permits
                              9.37   Permits to Take Blue-Claw Crabs
                              9.38   Permit to Use Pond or Trap Net
                              9.39   Resident Commercial Lobster Permit
                              9.40   Shellfish Bed Permit
                              9.41   Shellfish Shipper's Permits
                              9.42   Special Permit to Take Surf Clams from Waters other than the Atlantic
                                     Ocean


                              Regulatory Affairs

                              9.43   Approval - Drainage Improvement District
                              9.44   Approval - Water (Diversions for) Power
                              9.45   Approval of Well System and Permit to Operate
                              9.46   Permit - Article 15, (Protection of Water) - Dam
                              9.47   Permit - Article 15, (Protection of Water) - Dock, Pier or Wharf
                              9.48   Permit - Article 15, (Protection of Water) - Dredge or Deposit Material
                                     in a Waterway
                              9.49   Permit - Article 15, (Protection of Water) - Stream Bed or Bank
                                     Disturbances
                              9.50   Permit - Article 15, Title 15 (Water Supply)
                              9.51   Permit - Article 24, (Freshwater Wetlands)
                              9.52   Permit - Article 25, (Tidal Wetlands)
                              9.53   River Improvement District Approvals
                              9.54   River Regulatory District Approvals
                              9.55   Well Drilling Certificate of Registration

                              Solid Wastes


                              9.56 Permit to Construct and/or Operate a Solid Waste Management Facility
                              9.57 Septic Tank Cleaner and Industrial Waste Collector Permit

                              Water Resources


                              9.58 Approval of Plans for Wastewater Disposal Systems
                              9.59 Certificate of Approval of Realty Subdivision Plans
                              9.60 Certificate of Compliance (Industrial Wastewater Treatment Facility)



                                                            VI-10









                          9.61   Letters of Certification for Major Onshore Petroleum Facility Oil Spill
                                 Prevention and Control Plan
                          9.62   Permit - Article 36, (Construction in Flood Hazard Areas)
                          9.63   Permit for State Agency Activities for Development in Coastal Erosion
                                 Hazards Areas
                          9.64   Permit for State Agency Activities for Development in Coastal Erosion
                                 Hazards Areas
                          9.65   State Pollutant Discharge Elimination System (SPDES) Permit
                          9.66   401 Water Quality Certification

                   10.00  Preparation and revision of Air Pollution State Implementation Plan.

                   11.00  Preparation and revision of Continuous Executive Program Plan.

                   12.00  Preparation and revision of Statewide Environmental Plan.

                   13.00  Protection of Natural and Man-made Beauty Program.

                   14.00  Urban Fisheries Program.

                   15.00  Urban Forestry Program.

                   16.00  Urban Wildlife Program.



                   ENVIRONMIENTAL FACELITIES CORPORATION


                   1.00 Financing program for pollution control facilities for industrial firms and small
                          businesses.



                   FACILITIES DEVELOPMIENT CORPORATION


                   1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding
                          of such activities.



                   OFFICE OF GENERAL SERVICES


                   1.00 Administration of the Public Lands Law for acquisition and disposition of
                          lands, grants of land and grants of easement of land under water, issuance of
                          licenses for removal of materials from lands under water, and oil and gas
                          leases for exploration and development.



                                                       VI-11









                       2.00 Administration of Article 4-B, Public Buildings Law, in regard to the
                               protection and management of State historic and cultural properties and State
                               uses of buildings of historic, architectural or cultural significance.

                       3.00 Facilities construction, rehabilitation, expansion, or demolition.


                       DEPARTW,NT OF HEALTH


                       1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding
                               of such activities.


                       2.00    Permit and approval programs:

                               2.01   Approval of Completed Works for Public Water Supply Improvements
                               2.02   Approval of Plans for Public Water Supply Improvements
                               2.03   Certificate of Need (Health Related Facility - except Hospitals)
                               2.04   Certificate of Need (Hospitals)
                               2.05   Operating Certificate (Diagnostic and Treatment Center)
                               2.06   Operating Certificate (Health Related Facility)
                               2.07   Operating Certificate (Hospice)
                               2.08   Operating Certificate (Hospital)
                               2.09   Operating Certificate (Nursing Home)
                               2.10   Permit to Operate a Children's Overnight or Day Camp
                               2.11   Permit to Operate a Migrant Labor Camp
                               2.12   Permit to Operate as a Retail Frozen Dessert Manufacturer
                               2.13   Permit to Operate a Service Food Establishment
                               2.14   Permit to Operate a Temporary Residence/Mass Gathering
                               2.15   Permit to Operate or Maintain a Swimming Pool or Public Bathing
                                      Beach
                               2.16   Permit to Operate Sanitary Facilities for Realty Subdivisions
                               2.17   Shared Health Facility Registration Certificate


                       DIVISION OF HOUSING AND COMTAUNITY RENEWAL and its subsidiaries
                       and affiliates


                       1.00    Facilities construction, rehabilitation, expansion, or demolition.

                       2.00    Financial assistance/grant programs:

                               2.01 Federal Housing Assistance Payments Programs (Section 8 Programs)
                               2.02 Housing Development Fund Programs
                               2.03 Neighborhood Preservation Companies Program


                                                             VII-12








                          2.04   Public Housing Programs
                          2.05   Rural Initiatives Grant Program
                          2.06   Rural Preservation Companies Program
                          2.07   Rural Rental Assistance Program
                          2.08   Special Needs Demonstration Projects
                          2.09   Urban Initiatives Grant Program
                          2.10   Urban Renewal Programs

                   3.00 Preparation and implementation of plans to address housing and community
                          renewal needs.


                   HOUSING FINANCE AGENCY


                   1.00 Funding programs for the construction, rehabilitation, or expansion of
                          facilities.


                   2.00 Affordable Housing Corporation.


                   INTERSTATE SANITATION CONMISSION (regional agency)

                   1.00 Adoption and enforcement of air and water pollution standards within the
                          Interstate Sanitation District.



                   JOB DEVELOPMENT AUTHORITY

                   1.00 Financing assistance programs for commercial and industrial facilities.


                   MEDICAL CARE FACILITIES FINANCING AGENCY


                   1.00 Financing of medical care facilities.


                   OFFICE OF MENTAL HEALTH


                   1.00   Facilities construction, rehabilitation, expansion, or demolition or the funding
                          of such activities.


                   2.00   Permit and approval programs:

                          2.01 Operating Certificate (Community Residence)
                          2.02 Operating Certificate (Family Care Homes)


                                                      Vl- 13









                            2.03 Operating Certificate (Inpatient Facility)
                            2.04 Operating Certificate (Outpatient Facility)


                      OFFICE OF MENTAL RETARDATION AND DEVELOPMENT DISABILITIES


                      1.00  Facilities construction, rehabilitation, expansion, or demolition or the funding
                            of such activities.


                      2.00  . Permit and approval programs:

                            2.01 Establishment and Construction Prior Approval
                            2.02 Operating Certifictite CommunityResidence
                            2.03 Outpatient Facility Operating Certificate


                      DIVISION OF MILITARY AND NAVAL AFTAIRS


                      1.00 Preparation and implementation of the State Disaster Preparedness Plan.




                      NATURAL HERITAGE TRUST


                      1.00 Funding program for natural heritage institutions.


                      OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION
                      (including Regional State Park Commission)

                      1.00  Acquisition, disposition, lease, grant of easement or other activities related to
                            the management of land under the jurisdiction of the Office.

                      2.00  Facilities construction, rehabilitation, expansion, or demolition or the funding
                            of such activities.


                      3.00  Funding program for recreational boating, safety and enforcement.

                      4.00  Funding program for State and local historic preservation projects.

                      5.00  Land and Water Conservation Fund programs.

                      6.00  Nomination of properties to the Federal and/or State Register of Historic
                            Places.



                                                        VI-14









                    7.00   Permit and approval programs:

                           7.01 Floating Objects Permit
                           7.02 Marine Regatta Permit
                           7.03 Navigation Aide Permit
                           7.04 Posting of Signs Outside State Parks

                    8.00   Preparation and revision of the Statewide Comprehensive Outdoor Recreation
                           Plan and the Statewide Comprehensive Historic Preservation Plan and other
                           plans for public access, recreation, historic preservation or related purposes.

                    9.00   Recreation services program.

                    10.00  Urban Cultural Parks Program.



                    POWER AUTHORITY OF THE STATE OF NEW YORK


                    1.00   Acquisition, disposition, lease, grant of easement and other activities related to
                           the management of land under the jurisdiction of the Authority.

                    2.00 Facilities construction, rehabilitation, expansion, or demolition.



                    NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION


                    1.00 Corporation for Innovation Development Program.

                    2.00 Center for Advanced Technology Program.



                    DEPARTMEENT OF SOCIAL SERVICES


                    1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding
                           of such activities.


                    2.00   Homeless Housing and Assistance Program.

                    3.00   Permit and approval programs:

                           3.01   Certificate of Incorporation (Adult Residential Care Facilities)
                           3.02 Operating Certificate (Children's Services)
                           3.03   Operating Certificate (Enriched Housing Program)
                           3.04   Operating Certificate (Home for Adults)


                                                       VI-15









                           3.05 Operating Certificate (Proprietary Home)
                           3.06 Operating Certificate (Public Home)
                           3.07 Operating Certificate (Special Care Home)
                           3.08 Permit to Operate a Day Care Center



                    DEPARTN[ENT OF STATE


                    1.00 Appalachian Regional Development Program.

                    2.00 Coastal Management Program.

                    3.00   Community Services Block Grant Program.

                    4.00   Permit and approval programs:

                           4.01 Billiard Room License
                           4.02 Cemetery Operator
                           4.03 Uniform Fire Prevention and Building Code


                    STATE UNIVERSITY CONSTRUCTION FUND


                    1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding
                           of such activities.



                    STATE UNIVERSITY OF NEW YORK


                    1.00 Acquisition, disposition, lease, grant of easement and other activities related to
                           the management of land under the jurisdiction of the University.

                    2.00 Facilities construction, rehabilitation, expansion, or demolition.


                   .DIVISION OF SUBSTANCE ABUSE SERVICES


                    1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding
                           of such activities.


                    2.00 Permit and approval programs:

                           2.01 Certificate of Approval (Substance Abuse Services Program)



                                                     VI-16










                   DEPARTMENT OF TRANSPORTATION


                   1.00   Acquisition, disposition, lease, grant of easement and other activities related to
                          the management of land under the jurisdiction of the Department.

                   2.00   Construction, rehabilitation, expansion, or demolition of facilities, including
                          but not limited to:


                          (a)     Highways and parkways
                          (b)     Bridges on the State highways system
                          (c)     Highway and parkway maintenance facilities
                          (d)     Barge Canal
                          (e)     Rail facilities

                   3.00   Financial assistance/grant programs:

                          3.01    Funding programs for construction/reconstruction and
                                  reconditioning/preservation of municipal streets and highways
                                  (excluding routine maintenance and minor rehabilitation)

                          3.02    Funding programs for development of the ports of Albany, Buffalo,
                                  Oswego, Ogdensburg and New York

                          3.03    Funding programs for rehabilitation and replacement of municipal
                                  bridges

                          3.04    Subsidies program for marginal branchlines abandoned by Conrail

                          3.05    Subsidies program for passenger rail service

                   4.00   Permits and approval programs:

                          4.01    Approval of applications for airport improvements (construction
                                  projects)

                          4.02    Approval of municipal applications for Section 18 Rural and Small
                                  Urban Transit Assistance Grants (construction projects)

                          4.03    Approval of municipal or regional transportation authority applications
                                  for funds for design, construction and rehabilitation of omnibus
                                  maintenance and storage facilities

                          4.04    Approval of municipal or regional transportation authority applications
                                  for funds for design and construction of rapid transit facilities


                                                       VI- 17








                            4.05   Certificate of Convenience and Necessity to Operate a Railroad

                            4.06   Highway Work Permits

                            4.07   License to Operate Major Petroleum Facilities

                            4.08   Outdoor Advertising Permit (for off-premises advertising signs adjacent
                                   to interstate and primary highway)

                            4.09   Permits for Use and Occupancy of N.Y. State Canal Lands (except
                                   Regional Permits [Snow Dumping])

                            4.10   Real Property Division Permit for Use of State-Owned Property

                     5.00   Preparation or revision of the Statewide Master Plan for Transportation and
                            sub-area or special plans and studies related to the transportation needs of the
                            State.


                     6.00   Water Operation and Maintenance Program--Activities related to the
                            containment of petroleum spills and development of an emergency oil-spill
                            control network.



                     URBAN DEVELOPMENT CORPORATION and its subsidiaries a               nd affiliates


                     1.00   Acquisition, disposition, lease, grant of easement or other activities related to
                            the management of land under the jurisdiction of the Corporation.

                     2.00   Construction, rehabilitation, expansion, or demolition of residential,
                            commercial, industrial, and civic facilities and the funding of such activities,
                            including, but not limited to, actions under the following programs:

                                   (a)    Tax-Exempt Financing Program
                                   (b)    Lease Collateral Program
                                   (c)    Lease Financial Program
                                   (d)    Targeted Investment Program
                                   (e)    Industrial Buildings Recycling Program


                     DIVISION OF YOUTH


                     1.00 Facilities construction, rehabilitation, expansion, or demolition or the funding
                            or approval of such activities.



                                                        VI-18








                   2.     Federal Agencies



                   DIRECT FEDERAL ACTIVITIES AND DEVELOPMENT PROJECTS:


                   DEPARTMIENT OF COMAIERCE


                   National Marine Fisheries Services


                   1.00 Fisheries Management Plans.

                   DEPARTNIENT OF DEFENSE


                   Army Corps of Engineers

                   1.00   Proposed authorizations for dredging, channel improvements, break-waters,
                          other navigational works, or erosion control structures, beach replenishment,
                          dams or flood control works, ice management practices and activities, and
                          other projects with potential to impact coastal lands and waters.

                   2.00   Land acquisition for spoil disposal or other purposes.

                   3.00   Selection of open water disposal sites.

                   Army, Navy and Air Force

                   4.00   Location, design, and acquisition of new or expanded defense installations
                          (active or reserve status, including associated housing, transportation or other
                          facilities).

                   5.00   Plans, procedures and facilities for landing or storage use zones.

                   6.00   Establishment of impact, compatibility or restricted use zones.

                   DEPARTMENT OF ENERGY


                   1.00 Prohibition orders.


                   GENERAL SERVICES ADM1NISTRATION


                   1.00 Acquisition, location and design of proposed Federal Government property or
                          buildings, whether leased or owned by the Federal Government.

                   2.00 Disposition of Federal surplus lands and structures.


                                                      VI-19










                    DEPARTNIENT OF INTERIOR


                    Fish and Wildlife Servic


                    1.00 Management of National WIldlife refuges and proposed acquisitions.

                    Mineral Management Service

                    2.00 OCS lease sale activities including tract selection, lease sale stipulations, etc.

                    National Park Service


                    3.00 National Park and Seashore management and proposed acquisitions.

                    DEPARTMIENT OF TRANSPORTATION


                    Amtrak, Conrail


                    1.00 Expansions, curtailments, new construction, upgradings or abandonments or
                          railroad facilities or services, in or affecting the State's coastal area.

                    Coast Guard


                    2.00  Location and design, construction or enlargement of Coast Guard stations,
                          bases, and lighthouses.

                    3.00  Location, placement or removal of navigation devices which are not part of the
                          routine operations under the Aids to Navigation Program (ATON).

                    4.00  Expansion, abandonment, designation or anchorages, lightering areas or
                          shipping lanes and ice management practices and activities.

                    Federal Aviation Administration


                    5.00 Location and design, construction, maintenance, and demolition of Federal
                          aids to air navigation.

                    Federal Highway Administration

                    6.00 Highway construction.







                                                     VI-20








                    St. Lawrence Seaway Development CoWration

                    7.00 Acquisition, location, design, improvement and construction of new and
                          existing facilities for the operation of the Seaway, including traffic safety,
                          traffic control and length of navigation season.


                    FEDERAL LICENSES AND PERMITS:


                    DEPARTMENT OF DEFENSE


                    Army Co1ps of Engineers

                    1.00  Construction of dams, dikes or ditches across navigable waters, or obstruction
                          or alteration of navigable waters required under Sections 9 and 10 of the
                          Rivers and Harbors Act of 1899 (33 U.S.C. 401, 403).

                    2.00  Establishment of harbor lines pursuant to Section 11 of the Rivers and Harbors
                          Act of 1899 (33 U.S.C. 404, 405).

                    3.00  Occupation of seawall, bulkhead, jetty, dike, levee, wharf, pier, or other work
                          built by the U.S. pursuant to Section 14 of the Rivers and Harbors Act of
                          1899 (33 U.S.C. 408).

                    4.00  Approval of plans for improvements made at private expense under USACE
                          supervision pursuant to the Rivers and Harbors Act of 1902 (33 U.S.C. 565).

                    5.00  Disposal of dredged spoils into the waters of the U.S., pursuant to the Clean
                          Water Act, Section 404, (33 U.S.C. 1344).

                    6.00  All actions for which permits are required pursuant to Section 103 of the
                          Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).

                    7.00  Construction of artificial islands and fixed structures in Long Island Sound
                          pursuant to Section 4(f) of the River and Harbors Act of 1912 (33 U.S.C.).

                    DEPARTMENT OF ENERGY


                    Economic Regulatory Commission

                    1.00 Regulation of gas pipelines, and licensing of import or export of natural gas
                          pursuant to the Natural Gas Act (15 U.S.C. 717) and the Energy
                          Reorganization Act of 1974.



                                                       VI-21








                     2.00 Exemptions from prohibition orders.

                     Federal Energy Regulatory Commission

                     3.00   Licenses for non-Federal hydroelectric projects and primary transmission fines
                            under Sections 3(11), 4(e) and 15 of the Federal Power Act (16 U.S.C.
                            796(11), 797(11) and 808).

                     4.00   Orders for interconnection of electric transmission facilities under Section
                            202(b) of the Federal Power Act (15 U.S.C. 824a(b)).

                     5.00   Certificates for the construction and operation of interstate natural gas'pipeline
                            facilities, including both pipelines and terminal facilities under Section 7(c) of
                            the Natural Gas Act (15 U.S.C. 717f(c)).

                     6.00   Permission and approval for the abandonment of natural gas pipeline facilities
                            under Section 7(b) of the Natural Gas Act (15 U.S.C. 717f(b)).

                     ENVIRONMENTAL PROTECTION AGENCY


                     1.00   NPDES permits and other permits for Federal installations, discharges in
                            contiguous zones and ocean waters, sludge runoff and aquaculture permits
                            pursuant to Section 401, 402, 403, 405, and 318 of the Federal Water
                            Pollution Control Act of 1972 (33 U.S.C. 1341, 1342, 1343, and 1328).

                     2.00   Permits pursuant to the Resources Recovery and Conservation Act of 1976.

                     3.00   Permits pursuant to the underground injection control program under Section
                            1424 of the Safe Water Drinking Water Act (42 U.S.C. 300h-c).

                     4.00   Permits pursuant to the Clean Air Act of 1976 (42 U.S.C. 1857).

                     DEPARTMENT OF INTERIOR


                     Fish and Wildlife Services


                     1.00 Endangered species permits pursuant to the Endangered Species Act (16
                            U.S.C. 153(a)).

                     Mineral Management Service

                     2.00 Permits to drill, rights of use and easements for construction and maintenance
                            of pipelines, gathering and flow lines and associated structures pursuant to 43
                            U.S.C. 1334, exploration and development plans, and any other permits or


                                                        VI-22









                            authorizations granted for activities described in detail in OCS exploration,
                            development, and production plans.

                     3.00   Permits required for pipelines crossing federal lands, including OCS lands, and
                            associated activities pursuant to the OCS Lands Act (43 U.S.C. 1334) and 43
                            U.S.C. 931 (c) and 20 U.S.C. 185.

                     INTERSTATE COMMERCE COMMISSION

                     1.00 Authority to abandon railway lines (to the extent that the abandonment
                            involves removal of trackage and disposition of right-of-way); authority to
                            construct railroads; authority to construct coal slurry pipelines.

                     NUCLEAR REGULATORY COMMISSION


                     1.00 Licensing and certification of the siting, construction and operation of nuclear
                            power plans pursuant to Atomic Energy Act of 1954, Title II of the Energy
                            Reorganization Act of 1974 and the National Environmental Policy Act of
                            1969.


                     DEPARTMENT OF TRANSPORTATION


                     Coast Guard


                     1.00 Construction or modification of bridges, causeways or pipelines over navigable
                            waters pursuant to 49 U.S.C. 1455.

                     2.00 Permits for Deepwater Ports pursuant to the Deepwater Ports Act of 1974 (33
                            U.S.C. 1501).

                     Federal Aviation Administration


                     3.00 Permits and licenses for construction, operation or alteration of airports.



                     FEDERAL ASSISTANCE*:


                     DEPARTMENT OF AGRICULTURE


                     10.068        Rural Clean Water Program.
                     10.409        Irrigation, Drainage, and Other Soil and Water Conservation Loans
                     10.410        Low to Moderate Income Housing Loans
                     10.411        Rural Housing Site Loans
                     10.413        Recreation Facility Loans


                                                           VI-23









                      10.414        Resource Conservation and Development Loans
                      10.415        Rural Renting Housing Loans
                      10.416        Soil and Water Loans
                      10.418        Water and Waste Disposal Systems for Rural Communities
                      10.422        Business and Industrial Loans
                      10.424        Industrial Development Grants
                      10.426        Area Development Assistance Planning Grants
                      10.429        Above Moderate Income Housing Loans
                      10.430        Energy Impacted Area Development Assistance Program
                      10.901        Resource Conservation and Development
                      10.902        Soil and Water Conservation -
                      10.904        Watershed Protection and Flood Prevention
                      10.906        River Basin Surveys and Investigations

                      DEPARTMENT OF COMMERCE


                      11.300        Economic Development - Grants and Loans for Public Works and
                                    Development Facilities
                      11.301        Economic Development - Business Development Assistance
                      11.302        Economic Development - Support for Planning Organizations
                      11.304        Economic Development - State and Local Economic Development
                                    Planning
                      11.305        Economic Development - State and Local Economic Development
                                    Planning
                      11.307        Special Economic Development and Adjustment Assistance Program -
                                    Long Term Economic Deterioration
                      11.308        Grants to States for Supplemental and Basic Funding of Titles 1, 11,
                                    111, IV, and V Activities
                      11.405        Anadromous and Great Lakes Fisheries Conservation
                      11.407        Commercial Fisheries Research and Development
                      11.417        Sea Grant Support
                      11.427        Fisheries Development and Utilization - Research and Demonstration
                                    Grants and Cooperative Agreements Program
                      11.501        Development and Promotion of Ports and Intermodel Transportation
                      11.509        Development and Promotion of Domestic Waterborne Transport
                                    Systems

                      DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT


                      14.112        Mortgage Insurance - Construction or Substantial Rehabilitation of
                                    Condominium Projects
                      14.115        Mortgage Insurance - Development of Sales Type Cooperative Projects
                      14.117        Mortgage Insurance - Homes
                      14.124        Mortgage Insurance - Investor Sponsored Cooperative Housing


                                                           VI-24









                   14.125        Mortgage Insurance - Land Development and New Communities
                   14.126        Mortgage Insurance - Management Type Cooperative Projects
                   14.127        Mortgage Insurance - Mobile Home Parks
                   14.218        Community Development Block Grants/Entitlement Grants
                   14.219        Community Development BI   "ock Grants/Small Cities Program
                   14.221        Urban Development Action Grants
                   14.223        Indian Community Development Block Grant Program

                   DEPARTWIENT OF 1NTERIOR


                   15.400        Outdoor Recreation - Acquisition, Development and Planning
                   15.402        Outdoor Recreation - Technical Assistance
                   15.403        Disposal of Federal Surplus Real Property for Parks, Recreation, and
                                 Historic Monuments
                   15.411        Historic Preservation Grants-in-Aid
                   15.417        Urban Park and Recreation Recovery Program
                   15.600        Anadromous Fish Conservation
                   15.605        Fish Restoration
                   15.611        Wildlife Restoration
                   15.613        Marine Mammal Grant Program
                   15.802        Minerals Discovery Loan Program
                   15.950        National Water Research and Development Program
                   15.951        Water Resources Research and Technology - Assistance to State
                                 Institutes
                   15.952        Water Research and Technology - Matching Funds to State Institutes

                   DEPARTMIENT OF TRANSPORTATION


                   20.102        Airport Development Aid Program
                   20.103        Airport Planning Grant Program
                   20.205        Highway Research, Planning, and Construction
                   20.309        Railroad Rehabilitation and Improvement - Guarantee of Obligations
                   20.310        Railroad Rehabilitation and Improvement - Redeemable Preference
                                 Shares
                   20.506        Urban Mass Transportation Demonstration Grants
                   20.509        Public Transportation for Rural and Small Urban Areas

                   GENERAL SERVICES ADNHNISTRATION


                   39.002        Disposal of Federal Surplus Real Property







                                                       VI-25










                    COMMUNITY SERVICES ADMINISTRATION


                    49.002       Community Action
                    49.011       Community Economic Development
                    49.013       State Economic Opportunity Offices
                    49.017       Rural Development Loan Fund
                    49.018       Housing and Community Development (Rural Housing)

                    SMALL BUSINESS ADMINISTRATION


                    59.012       Small Business Loans
                    59.013       State and Local Development Company Loans
                    59.024       Water Pollution Control Loans
                    59.025       Air Pollution Control Loans
                    59.031       Small Business Pollution Control Financing Guarantee

                    ENVIRONMIENTAL PROTECTION AGENCY


                    66.001       Air Pollution Control Program Grants
                    66.418       Construction Grants for Wastewater Treatment Works
                    66.426       Water Pollution Control - State and Areawide Water Quality
                                 Management Planning Agency
                    66.451       Solid and Hazardous Waste Management Program Support Grants
                    66.452       Solid Waste Management Demonstration Grants
                    66.600       Environmental Protection Consolidated Grants Program Support
                                 Comprehensive Environmental Response, Compensation and Liability
                                 (Super Fund)

                                 Numbers refer to the Catalog of Federal Domestic Assistance
                                 Programs, 1980 and its two subsequent updates.


















                                                      VI-26










             B.      KEY EIAPLEMENTATION ACTIONS


                     The following is a listing of actions and projects necessary to further specify elements
                     of the Head-of-the-Harbor/Nissequogue LYV'RP which require State or federal
                     involvement.


                      PL=sed Action or ftiect                         Appropriate State or Federal
                                                                          Agency Action

                      Harbor Preservation and                         NYS Department of State
                        Management                                    Division of Coastal Resources
                      (Water Quality Monitoring                           Funding of portion of the
                        Segment)                                          water quality monitoring phase
                                                                          as a program refinement

                                                                      SUNY - Stony Brook Marine Sciences
                                                                      Research Center
                                                                          provision of staff and adequate staff
                                                                          time to participate in study

                                                                      NYS Department of Environmental
                                                                      Conservation
                                                                          provision of technical assistance, as
                                                                          required

                      Harbor/Preservation and                         NYS Department of State
                        Management Plan                                   on-going coordination and
                      (Phase 11 development                               technical assistance in laying
                        of use allocation standards)                      out the parameters of the plan


                                                                          assistance in securing funding

                                                                      SUNY Stony Brook Marine Sciences
                                                                      Research Center
                                                                      -- continuing staff involvement as the
                                                                          project moves into subsequent
                                                                          phases

                      Application of Navigation                       NYS Department of Parks,
                      Law, Article 46-a powers to                     Recreation and Historic
                      Village of Nissequogue                          Preservation
                                                                      -- approval of Village Local Law
                                                                          pursuant to Navigation Law


                                                                 VI-27









                        Special or general legislation                  NYS Department of State
                        to permit Villages to regulate                  -- preparation of and support for
                        the construction and location                       special legislation
                        of docks pursuant to the
                        Navigation Law


                        Construction of Bridge or                       NYS Department of Transportation
                        Replacement of Culvert on                           Design and construction funds
                        Harbor Road                                         for construction



                        Development of a Dredging                       NYS Department of State
                        Management Plan based upon                          Intermunicipal coordination
                        the MSRC hydraulic model of                         and technical support
                        Stony Brook Harbor and
                        development of a similar plan                       Assistance in securing funding
                        for the Nissequogue River
































                                                                   VI-28


































                                  SECTION VII



                           CONSULTATION WITH OTHER
   0-                  AFFECTED FEDERAL, STATE, REGIONAL

                              AND LOCAL AGENCIES
























   40









             SECTION VH: CONSULTATION WITH OTHER AFFECTED FEDERAL, STATE,
                               REGIONAL AND LOCAL AGENCIES


             This section describes the efforts of the Villages of Head-of-the-Harbor and Nissequogue to
             inform and involve other agencies as the Villages' LWRP was developed.

             Since protection of the coastal waters adjacent to the Villages is of primary concern and a
             responsibility shared with the Town of Smithtown, the Villages have maintained an on-going
             exchange with the Town. There have been three formal meetings with Smithtown involving
             both Villages.

             One of these meetings was held to formulate working a agreement between the Villages and the
             Town on expansion of the Town marina and mooring facilities at Long Beach. An agreement
             was reached; however, there were differing views on the content of the agreement. This led to
             another meeting to explore the same matters. The Villages made some concessions on the
             number of moorings in return for the installation of adequate pumpout facilities by the Town at
             the marina. Another meeting was held before the opening of the boating season on the same
             subjects. A third meeting was with the Planning Department of the Town and concerned Town
             plans for cluster zoning; this was informative in nature. Nissequogue has met separately on
             numerous occasions with the Town regarding the Scenic and Recreational Rivers designation for
             the Nisseqougue, and on matters pertaining to the Town's recreational areas. In addition to
             these formal meetings, the Villages met on numerous occasions with Smithtown officials for
             informal luncheon discussions on coastal issues and LY*IRP content.


             There have been numerous meetings with the Marine Sciences Research Center personnel at
             SUNY-Stony Brook. Two early meetings included representatives from both Villages and
             several members of the University who presented descriptions of the proposed modeling of the
             hydrodynamics of Stony Brook Harbor. At the second meeting the Villages clarified the special
             questions to which answers were sought. During the period covering the development of the
             model and its written presentation, three technical meetings were held involving representatives
             of Head-of-the-Harbor to act as special liaison between the Board of Trustees and the Center.
             Three meetings were held involving members of the Marine Sciences Research Center and David
             Sayre, who was appointed by the Mayor of Head-of-the-Harbor to act as special liaison between
             the Board of Trustees and the Center. Three meetings were held at which the results were
             communicated to the Joint Committee on Coastal Management Planning, the advisory
             committees of both Villages, and finally, representatives from the Villages and from the Towns
             of Smithtown and Brookhaven, with an eye toward using the model, or possible other scientific
             undertakings, in connection with future planning for the harbor.

             Other meetings, of which there have been two, were planning sessions at which a proposed
             contract between the Marine Sciences Center and the Village of Head-of-the-Harbor was
             discussed, and the outline of problems posed formulated. The plan for the next stage of work
             was ready for acceptance, focusing on water-quality monitoring of the harbor; (some preliminary



                                                           VII-3








                work has already been done in such monitoring.) The water quality monitoring program began
                during the late spring of 1989, and was completed by the fall of 1989.

                Two meetings, open to the public, w     -ere held with the Peconic Land Trust, in order to make a
                preliminary exploration of the usefulness of the Trust in planning land preservation in the Village
                of Head-of-the-Harbor. The Trustees of -Head-of-the-Harbor had a separate meeting with the
                Peconic Land Trust on this matter.


                One meeting was held with the Department of Environmental Conservation in the matter of
                granting dredging permits -for small projects in connection with the Smithtown Town Marina and
                the Stony Brook Yacht Club "spur" approach. Thiswas inconclusive.

                An informal exploratory meeting was held with the Board of the Stony Brook Harbor
                Association, to explore potentials of future cooperation with the LWRP.

                There have been three meetings with the Boards of Trustees of the two Villages jointly: an
                initial meeting on the agreement for joint Village action, a meeting on the first draft of the
                policy document, and another one following policy document revisions.

                Discussions concerning implementation have been separately held owing to the differences in
                Village problems, interests, commitments, etc. In Head-of-the.-Harbor there were four meetings
                of the full Village advisory board--mayo7, trustees, chairman of Planning Board, Architectural
                Review Board, Village attorney, engineer, historian, and CAC representative. The first of these
                was on policy revisions concerning policies that are of particular importance to, or particularly
                affect, the Village; the second was to survey implementations; the third was to consider further
                a range of potential actions with activi'ties for both the immediate and the more remote future--to
                indicate, if sketchy, particular areas for. long-range planning, and suggest possible means of
                carrying out such plans, primarily the financing of them.

                There have been and con   tinue to be constant informal consultations between the Villages, among
                the Villages and the Towns--especially Smithtown, but occasionally Brookhaven. Several public
                meetings are planned in connection with the local adoption of the LWRP.
















                                                               VII-4













                                                            146- MP                      401

















                                                 SECTION VM


                                            LOCAL COMNMFMENT










              SECTION VEII: LOCAL COUMTMENT

              It has been clear from the outset that in the Villages of Head-of-the-Harbor and Nissequogue the
              creation,, implementation, and execution of any Local Waterfront Revitalization Program would
              be wholly dependent upon a high level of continuing local commitment. No doubt this
              requirement is general; in this instance it is imperative, as there is no external source of energy
              available for the purpose of program-making or plan execution. The non-developmental,
              conservation and preservation-directed nature of the plan best suited to the needs of the Villages
              required local conception and initiative as well as direction, and fulfilling such a plan demanded
              the participation of residents and local officials and the commitment of local funds. Historically,
              the impetus towards the creation   of an LWRP arose -initially within local government, and all
              steps in the planning stage have involved all members of the local government of the two
              Villages as well as a number of residents.

              I .     A Joint Committee for Coastal Management Planning was formed by the Villages of
                      Head-of-the-Harbor and Nissequogue. Three members were appointed by each Mayor,
                      one member from each Village was named Co-Chairman. The duty of the Planning
                      Committee was to enunciate policies, propose implementations, and create preliminary
                      documents.


              2.      A primary Advisory Committee was constituted, consisting of the Mayors and Boards
                      of Trustees of the Villages.       The preliminary drafts of policies and suggested
                      implementations were presented by the Planning Committee to this body. The Boards
                      of Trustees, acting jointly, commissioned a study of the hydrodynamic characteristics of
                      Stony Brook Harbor, to be made by the Marine Sciences Research Center, SUNY/Stony
                      Brook. The study has been accomplished, funded by a combination of State, County,
                      private, and Village contributions. Proposed expansion of harbor studies is part of the
                      Villages' LWRP.

              3.      A second draft of the LWRP was presented by the Planning Committee to a second
                      Advisory Committee, enlarged to include all members of Village government of both
                      Villages: Mayors, Trustees, Planning Board, Conservation Advisory Council, Board of
                      Architectural Review, Village Attorney, Village Engineer, Village Clerk. The revisions
                      suggested by this Advisory Committee are incorporated into the final LWRP which was
                      presented to the DOS.

              4.      The revised Draft LWRP was presented at a public meeting prior to submission to the
                      DOS. The meeting was advertised in the legal manner and copies of all documents to
                      be discussed was available at the Village office. The LWRP of the Villages includes the
                      improvement of means of local communication, which are poor, owing to the
                      geographical and demographical nature of both Head-of-the-Harbor and Nissequogue,
                      neither of which has a post office, or village center, and in both of which the population
                      density is low.



                                                            VIII-3









                        Additional  public participation was included during the public hearing on the Draft
                        Environmental Impact Statement, and subsequently, in connection with public hearings
                                                       
                                                                                                    
                        required for the adoption of implementing legislation.
                The LWRP for Head-of-the Harbor and, Nissequogue recognizes the problems generally, and
                inherantly, connected with the dissemination of information in small scattered communities, and
                the  eliciting of steady participation by the residents.  Various means of improving
                                         
                commication between government, and residents, and residents and local government, have
                been undertaken and proposed, including.-the distribution of a regular newsletter. The formation
                of an active residents" association particularly connected with management activities in Stony
                Brook Harbor is encouraged by local government.







































                                                                VIII-4
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