Commission Resolution
Commencing the South Fork Pine Barrens
Planning Process

Approved by the Commission at its meeting of 10/20/99
at the Commission Office, Great River, NY.

Whereas, NY Environmental Conservation Law (ECL) Article 57 does not establish a Pine Barrens Area, a Core Preservation Area, nor a Compatible Growth Area for areas on the South Fork of Long Island located east of the Shinnecock Canal; and

Whereas, the Commission, as empowered by NY ECL Article 57, has no regulatory authority over land use or land use planning within any portion of the Town of East Hampton; and

Whereas, such regulatory authority may only be established by the State Legislature; and,

Whereas, a Pine Barrens Area, a Core Preservation Area, and a Compatible Growth Area, as those terms are used in NY ECL Article 57, may only be established for areas east of the Shinnecock Canal by the State Legislature; and

Whereas, the Towns of East Hampton and Southampton, by resolutions of their respective Town Boards dated May 21, 1999 and August 10, 1999, respectively, have formally stated both a willingness and a desire to commence a pine barrens land use planning process, consistent with NY ECL Article 57, for areas located east of Shinnecock Canal; and

Whereas, by letter dated August 19, 1999, the Suffolk County Department of Planning informed the Commission of its willingness and ability to undertake the work necessary for developing a pine barrens land use plan for the areas located east of Shinnecock Canal; and

Whereas, development of such a plan would require, as an initial step, identification of land areas which are located east of Shinnecock Canal and which would be suitable for adoption, by the State Legislature, as additional Pine Barrens, Core Preservation, and Compatible Growth Areas, with said areas being consistent with the objectives set forth for such areas in NY ECL Article 57;

Now, therefore, be it

Resolved, that the Commission finds that the process for developing a pine barrens land use plan for areas located east of Shinnecock Canal should commence as soon as is practicable based on the criteria developed by the Commission; and be it further

Resolved, that although the Commission finds that the process for developing a pine barrens land use plan for areas east of Shinnecock Canal may begin before the Legislature enacts amendments to NY ECL Article 57, such amendments are nonetheless required to provide the Commission with regulatory authority for eventually completing, adopting, and implementing such a plan; and be it further

Resolved, that the Commission supports development of a pine barrens land use plan for the areas located east of Shinnecock Canal by the Suffolk County Planning Department; and be it further

Resolved, that the Commission will make its staff available to assist the Suffolk County Planning Department in its work; and be it further

Resolved, that the Central Pine Barrens Advisory Committee, created by NY ECL Article 57 to advise the Commission, should be convened to provide advice in the pine barrens land use planning process being undertaken for the area located east of the Shinnecock Canal; and be it further

Resolved, that the membership of the Advisory Committee shall be expanded to include additional participants from jurisdictions located east of Shinnecock Canal, as this Commission shall deem appropriate by separate future resolution(s).

Motion by: Mr. Cowen (for New York State)
Second by: Ms. Wiplush (for Brookhaven Town)
In favor: Mr. Proios (for Suffolk County), Mr. Cowen, Ms. Wiplush
Opposed: Mr. Shea (for Southampton Town)
Absent: Riverhead Town