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At their Aug. 19 meeting, the Oyster Bay Town Board approved a six-month moratorium on building in the Special Groundwater Protection Area (SGPA), which takes in parts of East Norwich, Glen Head, Jericho, Locust Valley, Oyster Bay hamlet, Plainview, Syosset, Westbury and Woodbury, during which time the Town will prepare and adopt an Aquifer Overlay Protection District (APO).

The town has produced a map of the six areas to be affected by the moritorium. The borders of the moritorium areas end at the borders of local villages. For instance Map #6 covers the area along Jericho Turnpike and Route 106. The Groundwater Protection Area lies under Muttontown in the area where it is currently being developed by Holiday Associates on the former Byam Stevens estate. In that case, the Muttontown Planning Board has been meeting with the developers to see that the construction is designed with the least impact on environment.

A map of the proposed APO in the areas of Oyster Bay, Upper Brookville and Muttontown.

Exempted from the moritorium are three properties: the Underhill Property in Jericho; Hunting Hill Estates in Woodbury and St. Mark Coptic Church in Woodbury.

The current Special Use Permit for the former Hallock property at 286 South Street and now owned by Island Properties is not in the APO district so it will not be affected by the moratorium. The other IP application for a 300-unit townhouse to be constructed by Avalon Associates may or may not have a portion of the property in the APO district. The decision would be made after a plan was submitted that showed how much of the property they would be using.

A town spokesperson said, "No plan has been presented so we don't know the extent of the boundaries, but a portion may or may not be in the water protection district. "

Joe Loritz, president of the United Civics of North Oyster Bay said, "This is something which has been discussed for several years. We as an organization had this resolution passed for a good two or three years. Back in March, I said 'enough!' It's time had certainly come and I spoke to Supervisor John Venditto and he was incredibly receptive. He said they were working on legislation and said, 'Let's dust it off. Let's do what has to be done.'

This map shows the area along Oyster Bay Road in Mill Neck that is in the APO area.

"The moratorium is intended to be for a short time because the legislation is evolving so it is a stop gap. I'm very excited about it," he said.

Mr. Loritz, (now speaking as co-chair of the Long Island Environmental Voters Forum) said, the LIEVF had a press conference on Tuesday, Aug. 19, at which they endorsed their candidates for the supervisor's races in the towns of Oyster Bay, North Hempstead and Hempstead. Not surprisingly, Mr. Venditto was endorsed for Oyster Bay. Mr. Venditto was also endorsed by the League of Conservation Voters at a press conference at the Underhill property on Thursday, Aug. 21.

The resolution was proposed by Councilman Joe Muscarella with the enthusiastic support of Town Supervisor John Venditto. Mr. Muscarella said, "The protection of our underground aquifer, which serves as the Town's only source of drinking water, has always been a high priority for the Town of Oyster Bay. The purpose of the APO District will be to provide additional regulations for properties located within the SGPA as designated by the Nassau County Public Health Ordinance (Article X*) and by the New York State Environmental Conservation Law (Article 55). These regulations will serve to restrict development in the SGPA and offer further protection for the aquifer.

"The moratorium is an important step in the process. It will prevent new development and/or redevelopment in the SGPA that might be contrary to regulations of the APO legislation. During the moratorium, no site plan, subdivision or special use permits will be approved. The Town's planning consultant, Frederick P. Clark Associates, has already initiated a study of zoning uses and regulatory controls in the SGPA to determine the specific nature of any changes which may be necessary," said Mr. Muscarella.

Supervisor Venditto indicated that the APO legislation, which is being drafted, will address a myriad of issues impacting the SGPA. "Under the APO, all uses which are allowed in the underlying zoning district, with the exception of the storage, handling, use or production of hazardous waste, petroleum products and regulated substances, will continue to be permitted. In addition, there will be limits established for maximum lot coverage by impervious surfaces and maximum permitted disturbance of areas of natural vegetation. Applications within the APO District will have to include a Site Disturbance Plan delineating all existing and proposed structures and impervious surfaces, all areas of existing and proposed vegetation, all areas where pesticides, herbicides, fertilizers or other such chemicals are proposed to be allowed, all areas of proposed disturbance to existing natural vegetation, and a statement specifying the purpose and need for any such disturbance of natural vegetation. Also, every application will have to include a Stormwater Management Plan and any other additional information or plans as may be required by the Department of Planning and Development in order to mitigate, to the maximum extent reasonably feasible, any possible degradation or contamination of the groundwater supply as a result of stormwater runoff."

When the proposed legislation is drafted, within the next six months it will be the subject of a public hearing. Supervisor Venditto said, "With the APO, the town is not looking to prevent development in the SGPA, but to establish procedures for environmentally appropriate development and land use practices. The APO will simply give the board one more tool to protect our groundwater supplies and ensure adequate quality and quantity of drinking water, now and in the future, for residents and businesses in the Town of Oyster Bay."

Mr. Loritz, who has been working with the Town to develop APO legislation, praised Supervisor Venditto's leadership in proposing the APO and welcomed the proposal for the moratorium. "Virtually all of Long Island's drinking water is drawn from a system of underground aquifers," Mr. Lorintz said. "New York State created two Special Groundwater Protection Areas in Nassau County for the purpose of maintaining open space to recharge the aquifers. This moratorium will protect the SGPA within the Town of Oyster Bay from further development while the APO is being adopted and implemented. Once again, Supervisor Venditto has taken a leadership role in protecting the environment and, in particular, our precious groundwater supply."

"Under my administration, the Town Board has exercised its zoning powers with particular cognizance of the environmental impacts of each application," Supervisor Venditto said. "Extra attention has been paid by this board to any development proposals within the SGPA.

The Town Board hearing on the proposed moratorium was held on Tuesday, July 22, in the hearing room of Town Hall North, 54 Audrey Avenue, Oyster Bay, beginning at 10 a.m.

*Special Groundwater Protection Areas (Article X). (516) 571-3323. Certain areas of Nassau County have been designated Special Groundwater Protection Areas and all developments within these areas require a minimum density of one home per 40,000 square feet: about an acre.


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