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§ 57-0107. Definitions.
As used in this article, the following terms shall mean and include:
1. "Council" shall mean the Long Island Pine Barrens maritime reserve
council created by section 57-0111 of this article.
2. "Long Island Pine Barrens maritime reserve" shall mean the reserve
created pursuant to section 57-0109 of this article.
3. "Long Island Pine Barrens preserve" or "preserve" shall mean lands
within the Long Island Pine Barrens Maritime reserve that are critical
to the protection of the hydrologic and ecologic integrity of the region
including land characterized by the growth of pitch pine, dwarf pine and/or
scrub oak pine barrens which are dedicated for protection and beneficial
public use pursuant to section 57-0117 of this article. Lands which are
not deemed critical may be dedicated pursuant to section 57-0117 of this
article as a protective or buffer zone for other dedicated lands, or to
otherwise support the management of the preserve.
4. "Peconic Bay system" shall mean the series of interconnected bodies
of surface waters, including Flanders Bay, Great Peconic Bay, Little Peconic
Bay, Noyack Bay, Shelter Island Sound, Southold Bay, Northwest Harbor,
Orient Harbor, Gardiners Bay, Napeague Bay, Fort Pond Bay, the western
portion of Block Island Sound, other semi-enclosed bays and harbors contiguous
thereto, and all of the tidal creeks and freshwater streams that discharge
into these interconnected basins.
5. "Plan" shall mean the comprehensive management plan created pursuant
to section 57-0115 of this article.
6. "Reserve" shall mean a region in which there is a combination of
publicly and privately owned lands and land uses, within a defined area
where there are traditional cultural patterns including agriculture, finfishing,
shellfishing and tourism, which due to their pattern and configuration,
and
because of the need for sustained productivity could best be protected
and managed through the development of a comprehensive management plan
around a preserve of protected, publicly owned lands and/or privately owned
land dedicated for such purposes.
7. "Land use plan" shall mean the comprehensive Central Pine Barrens
land use plan pursuant to section 57-0121 of this article, including the
generic environmental impact statement thereon.
8. "Commission" shall mean the Central Pine Barrens Joint Planning
and Policy Commission established pursuant to section 57-0119 of this article.
9. "Advisory committee" shall mean the Central Pine Barrens advisory
committee to the commission established pursuant to subdivision nine of
section 57-0119 of this article.
10. "Central Pine Barrens area" shall mean the contiguous area as described
and bounded as follows: Beginning at a point where the southerly side of
Route 25A intersects the easterly side of Miller Place Road; thence southward
along the easterly boundary of Miller Place Road to Helme Avenue; thence
southward along the easterly boundary of Helme Avenue to Miller Place-Middle
Island Road; thence southward along the easterly boundary of Miller Place-Middle
Island Road to Whiskey Road; thence westward along the southerly boundary
of Whiskey Road to Mount Sinai-Coram Road; thence southward along the easterly
boundary of Mount Sinai-Coram Road to Middle Country Road (Route 25); thence
westward along the southerly boundary of Route 25 to Patchogue-Mount Sinai
Road (County Route 83); thence southward along the easterly boundary of
County Route 83 to Bicycle Path Drive; thence southeastward along the easterly
side of Bicycle Path Drive to Mt. McKinley Avenue; thence southward along
the easterly boundary of Mt. McKinley Avenue to Granny Road; thence northeastward
along the northerly boundary of Granny Road to Port Jefferson-Patchogue
Road (Route 112); thence southward along the easterly boundary of Route
112 to Horse Block Road (County Route 16); thence eastward along the northerly
boundary of County Route 16 to Maine Avenue; thence northward along the
westerly boundary of Maine Avenue to Fire Avenue; thence eastward along
the northerly boundary of Fire Avenue to John Roe Smith Avenue; thence
southward along the easterly boundary of John Roe Smith Avenue to Jeff
Street; thence eastward along the northerly boundary of Jeff Street to
Hagerman Avenue; thence southward along the easterly boundary of Hagerman
Avenue to the Long Island Expressway (Route 495); thence eastward along
the northerly boundary of Route 495 to Southaven County Park; thence southward
along the westerly boundary of Southaven County Park to Gerard Road; thence
southward along the easterly boundary of Gerard Road to Route 27; thence
eastward along the northerly boundary of Route 27 to a point where the
west bank of the Carmans River passes under Route 27; thence south under
Route 27 to the lands owned by the United States known as Wertheim National
Wildlife Refuge (the "Refuge"); thence generally westerly and southerly
to the waters of Bellport Bay; thence generally easterly across the Bay
and northerly along the easterly boundary of the Refuge, including all
lands currently part of the Refuge and any lands which may become part
of the Refuge in the future; excluding, however any private property or
rights thereof which may fall within the Refuge assemblage; continuing
northerly to the point where the eastern bank of the Carmans River travels
under Route 27 and Victory Avenue to the southerly boundary of Southaven
County Park; continuing easterly along the southerly boundary of Southaven
County Park; thence northward along the easterly boundary of Southaven
County Park to Route 495; thence eastward along the northerly boundary
of Route 495 to the William Floyd Parkway (County Route 46); thence southward
along the easterly boundary of County Route 46 to the Long Island Rail
Road tracks; thence eastward along the northerly boundary of the Long Island
Rail Road tracks 7,500 feet; thence southward 500 feet; thence eastward
525 feet to the intersection of North Street and Manor-Yaphank Road; thence
southward along the easterly boundary of Manor-Yaphank Road to Moriches-Middle
Island Road; thence eastward along the northerly boundary of Moriches-Middle
Island Road to Sunrise Highway (Route 27); thence eastward along the northerly
boundary of Route 27 to an old railroad grade (unpaved); thence southeastward
along the northerly boundary of the old railroad grade (unpaved) to Old
Country Road (Route 71); thence eastward along the northerly boundary of
Route 71 to the Long Island Rail Road tracks; thence eastward along the
northerly boundary of the Long Island Rail Road tracks to Montauk Highway;
thence eastward along the northerly boundary of Montauk Highway to Route
24; thence northward along the westerly boundary of Route 24 to Sunrise
Highway (Route 27); thence eastward along the northerly boundary of Route
27 to Squiretown Road; thence northward along the westerly boundary of
Squiretown Road to Upper Red Creek Road; thence westward along the southern
boundary of Upper Red Creek to Lower Red Creek Road; thence southward along
the easterly boundary of Lower Red Creek Road to Hubbard County Park; thence
westward along the northern boundary of Hubbard County Park to Riverhead-Hampton
Bays Road (Route 24); thence westward along the southerly boundary of Route
24 to Peconic Avenue; thence northward along the westerly boundary of Peconic
Avenue to the Riverhead-Southampton border; thence westward along the Riverhead-Southampton
border and the Riverhead-Brookhaven border to the Forge Road Bridge; thence
northward along the westerly boundary of the Forge Road Bridge to Forge
Road; thence northwestward along the westerly boundary of Forge Road to
the railroad tracks; thence northward along the westerly boundary of Forge
Road (unpaved) to the intersection of Route 25 and River Road; thence westward
along the southerly boundary of River Road to Edwards Avenue; thence northward
along the westerly boundary of Edwards Avenue 3,800 feet; thence westward
4,400 feet to an unnamed, unpaved road; thence northward along the westerly
boundary of the unnamed, unpaved road 150 feet; thence westward and northwestward
along the eastern boundary of the United States Navy/Grumman Aerospace
Corporation property (as of 1982) up to its intersection with Middle Country
Road (Route 25); thence westward along the southerly boundary of Route
25 to the intersection of Route 25 and 25A; thence northeastward, westward,
and southwestward along the eastern and northern boundary of the United
States Navy/Grumman Aerospace Corporation (as of 1982, and located immediately
east of Route 25A, to its intersection with Route 25A; thence westward
along the southerly boundary of Route 25A to the point or place of beginning.
11. "Core preservation area" shall mean the core preservation area
of the Central Pine Barrens area which comprise the largest intact areas
of undeveloped pine barrens as described and bounded as follows: Beginning
at a point where the northwestern corner of the New York State Rocky Point
Natural Resource Management Area (the "NYS Rocky Point Land") intersects
the southerly side of NYS Route 25A; thence generally southward and eastward
along the generally westerly and southerly boundaries of the NYS Rocky
Point Land (including the Currans Road Pond State Wildlife Management Area,
all adjacent or contiguous undeveloped Town of Brookhaven parks, preserves,
open space areas, or reserved areas, and the crossings of the undeveloped
Suffolk County property known as the Port Jefferson - Westhampton road
right of way, Whiskey Road, County Route 21, and Currans Road) to the point
where the NYS Rocky Point Land meets the northerly side of NYS Route 25
(Middle Country Road); thence eastward along the northerly boundary of
NYS Route 25 to the southeastern corner of that property west of Woodlots
Road which is identified as District 200, Section 349, Block 2, Lot 1.3;
thence northward along the easterly boundary of that property to the Suffolk
County Pine Trail Nature Preserve; thence eastward and southeastward along
the southerly boundary of the Suffolk County Pine Trail Nature Preserve
where the Preserve is adjacent to developed parcels or parcels in agricultural
or horticultural use, or along a line parallel to, and 100 (one hundred)
feet south of, the Preserve where the Preserve is adjacent to parcels which
are undeveloped as of June 1, 1993, to County Route 46; thence southward
along the easterly boundary County Route 46 to NYS Route 25; thence eastward
along the southerly boundary of NYS Route 25 to the Suffolk County Pine
Trail Nature Preserve; thence southward along the westerly boundary of
the Suffolk County Pine Trail Nature Preserve where the Preserve is adjacent
to developed parcels, or along a line parallel to, and 100 (one hundred)
feet west of, the Preserve where the Preserve is adjacent to parcels which
are undeveloped as of June 1, 1993, to the northern boundary of the United
States land known as Brookhaven National Laboratory; thence generally westward
along the northerly boundary of Brookhaven National Laboratory to County
Route 46 (William Floyd Parkway); thence generally northwestward on a straight
line to the intersection of Sally Lane and Pond Lane; thence westward along
the southerly side of Pond Lane to Ruth Lane; thence northward along the
westerly side of Ruth Lane to NYS Route 25; thence westward along the northerly
side of NYS Route 25 to the southeast corner of the NYS Middle Island State
Game Farm and Environmental Education Center; thence northward, westward,
and southward along the easterly, northerly, and westerly boundaries of
the NYS Middle Island State Game Farm and Environmental Education Center
to NYS Route 25; thence westward along the southerly side of NYS Route
25, excluding all parcels abutting that road which are developed as of
June 1, 1993, to Giant Oak Road; thence southward along the easterly side
of Giant Oak Road to Medford Road; thence southwestward along the southeasterly
side of Medford Road to Smith Road; thence southward along the easterly
side of Smith Road to Longwood Road; thence eastward along the southerly
side of Longwood Road to the northwest corner of the property identified
as District 200, Section 504, Block 1, Lot 7.2; thence southward and eastward
along the generally westerly boundary of that parcel to the eastern end
of Rugby Lane (also known as Rugby Avenue or Rugby Road), a paper street
shown on Suffolk County tax maps District 200, Sections 500, 502, and 503;
thence westward along the northerly boundary of Rugby Lane to County Route
21 (Yaphank - Middle Island Road); thence southward along the westerly
boundary of County Route 21 to the northeastern corner of the parcel identified
as District 200, Section 529, Block 1, Lot 28, and which is coterminous
with the southerly boundaries of the parcels located on the south side
of Rustic Lane; thence westward along the northerly boundary of that parcel
to the Carmans River; thence northward along the westerly boundary of the
Carmans River to the northernmost extent along the river's western bank
of the Suffolk County Nature Preserve parcel south of East Bartlett Road;
thence northward along the easterly boundary of that Suffolk County Nature
Preserve parcel to East Bartlett Road; thence generally northeastward along
the northwesterly boundary of East Bartlett Road to the southern boundary
of Prosser Pines County Nature Preserve; thence generally eastward, northward,
and westward along the southerly, easterly, and northerly boundaries of
Prosser Pines County Nature Preserve to County Route 21; thence westward
(directly across County Route 21), northward, westward, and southward along
the northerly extents of Cathedral Pines County Park to the easterly boundary
of the parcel identified as District 200, Section 433, Block 2, Lot 1;
thence northward and westward along the easterly and northerly boundaries
of that parcel and the adjacent parcels identified as District 200, Section
402, Block 1, Lots 19 and 16.1 to NYS Route 25; thence westward along the
southerly boundary of NYS Route 25 to the northwestern corner of the parcel
identified as District 200, Section 402, Block 1, Lot 16.1; thence generally
southward along the westerly boundary of that parcel to the northerly boundary
of the parcel identified as District 200, Section 454, Block 1, Lot 9.1;
thence westward along the northerly boundary of that parcel to East Bartlett
Road; thence southward along the easterly boundary of East Bartlett Road
to its intersection with Ashton Road; thence westward to the northeastern
corner of the old filed map shown on District 200, Section 499; thence
westward and southward along the northerly and westerly boundaries of the
old filed map shown on Suffolk County tax maps District 200, Sections 498,
499, and 527 to Hillcrest Road; thence eastward along the southerly boundary
of Hillcrest Road to Ashton Road; thence northward along the easterly boundary
of Ashton Road to the southern boundary of the Suffolk County Nature Preserve;
thence eastward along the southerly boundary of the Suffolk County Nature
Preserve to the Carmans River; thence southward along the westerly boundary
of the Carmans River to the southerly boundary of the Suffolk County Nature
Preserve on the east side of the Carmans River and identified as District
200, Section 529, Block 1, Lot 29; thence eastward along the southerly
boundary of that parcel to County Route 21; thence southward along the
easterly boundary of County Route 21 to the southernmost extent along County
Route 21 of the Suffolk County Nature Preserve parcel known as Warbler
Woods and identified as District 200, Section 551, Block 1, Lot 4; thence
generally eastward along the southerly boundary of the Warbler Woods parcel
and an extension of that southerly boundary due eastward to the Town of
Brookhaven parcel known as the Longwood Greenbelt and identified as District
200, Section 583, Block 2, Lot 1.1; thence southward along the westerly
boundary of the Longwood Greenbelt parcel to the Long Island Expressway;
thence westward along the northerly boundary of the Long Island Expressway
to Main Street in Yaphank; thence westward along the southerly boundary
of Main Street in Yaphank to the westernmost extent along Main Street of
the Southaven County Park boundary; thence generally southward along the
westerly boundary of Southaven County Park, crossing the Long Island Rail
Road tracks and Park Street, to Gerard Road; thence southward along the
easterly boundary of Gerard Road to Victory Avenue; thence eastward along
the northerly boundary of Victory Avenue to a point where the west bank
of the Carmans River passes under Victory Avenue and Route 27; thence south
under Route 27 to the lands owned by the United States known as Wertheim
National Wildlife Refuge (the "Refuge"); thence generally westerly and
southerly to the waters of Bellport Bay; thence generally easterly across
the Bay and northerly along the easterly boundary of the Refuge, including
all lands currently part of the Refuge and any lands which may become part
of the Refuge in the future; excluding however any private property or
rights thereof which may fall within the Refuge assemblage; continuing
northerly to the point where the eastern boundary of the Carmans River
travels under Route 27 and Victory Avenue to the southerly boundary of
Southaven County Park; continuing easterly along the southerly boundary
of Southaven County Park; thence eastward along the northerly boundary
of Victory Avenue to River Road; thence northward along the westerly boundary
of River Road, crossing the Long Island Rail Road tracks, to the Long Island
Expressway; thence eastward along the northerly boundary of the Long Island
Expressway to the Longwood Greenbelt property; thence northward along the
easterly boundary of the Longwood Greenbelt property to that point along
the easterly boundary which is due east of the southernmost extent of the
developed area containing the sewage treatment facility known as the Dorade
facility; thence generally westward to the easterly boundary of the parcel
identified as District 200, Section 504, Block 1, Lot 7.2; thence northward
along the easterly boundary of that parcel to Longwood Road; thence eastward
along the northerly side of Longwood Road to County Route 46; thence northward
along the westerly side of County Route 46 to a point 2000 (two thousand)
feet south of the southern bank of the Peconic River crossing of County
Route 46; thence generally southeastward along a line parallel to, and
2000 (two thousand) feet generally south or southwest of, and parallel
to, the southernmost bank of the Peconic River to a point where the Peconic
River crosses the unpaved, unnamed, north-south firebreak and patrol road
on the eastern half of the Brookhaven National Laboratory property; thence
southward and southwestward along the easterly and southeasterly boundaries
of the unpaved, unnamed, north-south firebreak and patrol road starting
on the eastern half of the Brookhaven National Laboratory property to the
Brookhaven National Laboratory road known as Brookhaven Avenue; thence
due westward along a straight line to the Brookhaven National Laboratory
road known as Princeton Avenue; thence westward along the southerly boundary
of Princeton Avenue to the unnamed Laboratory road which diverts southwest
in the vicinity of the Laboratory gate house; thence southwestward along
the southerly side of the unnamed Laboratory road just described to County
Route 46; thence southward along the easterly side of County Route 46 to
NYS Route 495; thence eastward along the northerly boundary of NYS Route
495 to County Route 111; thence southeastward along the northerly boundary
of County Route 111 to NYS Route 27 (Sunrise Highway); thence generally
southward across NYS Route 27 to the westernmost extent along NYS Route
27 of the undeveloped portion (as of June 1, 1993) of the parcel assemblage
comprised of those parcels identified as District 200, Section 594, Block
2, Lot 4 and District 900, Section 325, Block 1, Lot 41.2; thence southward
along the westerly boundary of the undeveloped portion (as of June 1, 1993)
of that parcel assemblage to County Route 71 (Old Country Road); thence
eastward along the northerly boundary of County Route 71 to the southeastern
corner of the Suffolk County Nature Preserve lands which run from NYS Route
27 south to County Route 111 and which adjoin the easterly side of the
preceding assemblage; thence northward along the easterly boundary of that
Suffolk County Nature Preserve assemblage (crossing the County Route 111
right of way) to NYS Route 27; thence eastward along the southerly boundary
of NYS Route 27 to the westerly end of 19th Street as shown in the old
filed map contained within the tax map identified as District 900, Section
276, Block 2; thence southward along the westerly boundary of that old
filed map (shown in District 900, Sections 276, 302, 303, 327, and 328),
and coterminous with the westerly side of those parcels along the westerly
side of Oishei Road, to County Route 71; thence eastward along the northerly
boundary of County Route 71 to the southeasterly corner of the parcel identified
as District 900, Section 328, Block 2, Lot 19; thence northward along the
easterly boundary of that old filed map surrounding Oishei Road, and coterminous
with the easterly side of those parcels along the easterly side of Oishei
Road, to a point along that line due west of the northwesterly corner of
the parcel containing the Suffolk County facilities identified as District
900, Section 331, Block 1, Lot 1; thence due eastward along a straight
line to the northwesterly corner of that parcel; thence eastward along
the northerly boundary of that parcel to its northeasterly corner shown
in District 900, Section 307; thence due eastward along a straight line
to Summit Boulevard; thence southward along the westerly side of Summit
Boulevard to County Route 71; thence eastward along the northerly side
of County Route 71, excluding all parcels abutting that road which are
developed as of June 1, 1993, to the Long Island Rail Road tracks; thence
eastward along the northerly boundary of the Long Island Rail Road tracks
to County Route 31 (Old Riverhead Road); thence northward along the westerly
boundary of County Route 31 to that point opposite the point along the
easterly side of County Route 31 (north of the Stewart Avenue intersection)
at which the undeveloped portion (as of June 1, 1993) of the Suffolk County
Airport (Gabreski Airport) occurs; thence generally northward, eastward
and southward around the westerly, northerly and easterly boundaries of
the undeveloped portion (as of June 1, 1993) of the airport property (excluding
from the Core Preservation Area those portions of the airport property
which are occupied by the runways, their associated maintenance areas,
and those areas identified for future use in the Suffolk County Airport
Master Plan approved by the County Legislature) to the Long Island Rail
Road tracks (including in the Core Preservation Area those portions of
the airport property which are adjacent to the Quogue Wildlife Refuge's
westerly boundary and which are in their natural state); thence eastward
along the northerly boundary of the Long Island Rail Road tracks to the
southeasterly corner of the Town of Southampton parcel identified as District
902, Section 1, Block 1, Lot 22.1; thence generally northward and eastward
along the easterly border of that parcel and the Town of Southampton parcels
to the immediate north identified as District 900, Section 313, Block 1,
Lot 42.1 and District 900, Section 287, Block 1, Lot 1.55 to County Route
104; thence northward along the westerly boundary of County Route 104 to
a point 1000 (one thousand) feet southward of NYS Route 27; thence eastward
along a line parallel to, and 1000 (one thousand) feet south of, NYS Route
27, to the westerly boundary of the parcel identified as District 900,
Section 252, Block 1, Lot 1; thence southward along the westerly boundary
of that parcel to the Long Island Rail Road tracks; thence eastward along
the northerly boundary of the Long Island Rail Road tracks to Montauk Highway;
thence eastward along the northerly boundary of Montauk Highway to that
point where the boundary of Sears- Bellows County Park heads northward
along the eastern side of the Munns Pond portion; thence northward along
the easterly boundary of Sears-Bellows County Park, to NYS Route 27; thence
eastward along the northerly boundary of NYS Route 27 to NYS Route 24 (Riverhead
- Hampton Bays Road); thence generally northwestward and westward along
the southwesterly boundary of NYS Route 24 to the easternmost extent along
NYS Route 24 of the Suffolk County Parkland known as Flanders or Hubbard
County Park; thence generally northward, westward, and southward along
the easterly, northerly, and westerly boundaries of Flanders or Hubbard
County Park, including all adjacent or contiguous undeveloped Town of Southampton
parks, preserves, open space areas, or reserved areas, to NYS Route 24;
thence westward along the southerly boundary of NYS Route 24 to Pleasure
Drive; thence southward along the easterly boundary of Pleasure Drive a
distance of 2000 (two thousand) feet, excluding all parcels abutting that
road which are developed as of June 1, 1993; thence generally westward
along a straight line to the southernmost extent of the NYS David Sarnoff
Preserve along the westerly boundaries of the parcels on the westerly side
of Brookhaven Avenue; thence generally northward and westward along the
easterly and northerly boundary of the NYS David Sarnoff Pine Barrens Preserve,
crossing County Routes 105 and 104, to County Route 63 (Riverhead-Moriches
Road); thence generally westward and northward along the northerly boundary
of the Suffolk County Cranberry Bog County Nature Preserve to County Route
51; thence southwesterly along the westerly side of County Route 51 to
the boundary of the Cranberry Bog County Nature Preserve; thence westward
and northward along the northeasterly boundary of Cranberry Bog County
Nature Preserve to County Route 94 (also known as NYS Route 24, or Nugent
Drive); thence eastward along the northerly side of County Route 94 to
the County Route 94A bridge; thence northward along the westerly side of
the County Route 94A bridge to the Riverhead-Southampton border; thence
westward along the Riverhead-Southampton border, and the Riverhead-Brookhaven
Border, to the Forge Road Bridge; thence northward along the westerly boundary
of the Forge Road Bridge to Forge Road; thence northwestward along the
westerly boundary of Forge Road to the Long Island Rail Road tracks; thence
northward along the westerly boundary of Forge Road (unpaved) to the intersection
of NYS Route 25 and River Road; thence westward along the southerly boundary
of River Road to Edwards Avenue; thence westward along the southerly boundary
of River Road (Grumman Boulevard or Swan Pond Road) to the southeast corner
of that parcel containing Conoe (or Canoe) Lake and identified as District
600, Section 137, Block 1, Lot 1; thence northward, westward, and southward
along the borders of that parcel containing Conoe (or Canoe) Lake to River
Road (Grumman Boulevard); thence westward along the northerly boundary
of Grumman Boulevard to the southeasternmost corner of the undeveloped
portion (as of June 1, 1993) of the United States Navy/Grumman Corporation
property located on the north side of Grumman Boulevard and adjacent to
the Grumman entrance known as the South Gate; thence due north along the
easternmost edge of that undeveloped portion (as of June 1, 1993) of the
United States Navy/Grumman Corporation property to NYS Route 25; thence
along a straight line to the northerly side of NYS Route 25 to a point
occupied by the southeasternmost corner of the parcel assemblage comprised
of District 600, Section 75, Block 3, Lot 10.1, and District 600, Section
96, Block 1, Lot 14, and otherwise known as Camp Wauwepex; thence northward,
westward, and generally southward along the easterly, northerly, and generally
westerly boundaries of the Camp Wauwepex assemblage to NYS Route 25; thence
westward along the northerly side of NYS Route 25 to Montauk Trail; thence
northeastward along the northwesterly side of Montauk Trail to Panamoka
Trail; thence northward along the westerly side of Panamoka Trail, excluding
all parcels abutting that road which are developed as of June 1, 1993,
to Matinecock Trail; thence westward along the southerly side of Matinecock
Trail to the easterly boundary of Brookhaven State Park; thence generally
northward along the easterly boundary of Brookhaven State Park, including
all adjacent or contiguous undeveloped Town of Brookhaven parks, preserves,
open space areas, or reserved areas, to its intersection with NYS Route
25A; thence westward along the southerly side of NYS Route 25A to the northeast
corner of the Shoreham-Wading River school district property; thence southward,
westward, and northward along the easterly, southerly, and westerly boundaries
of the Shoreham- Wading River school district property to NYS Route 25A;
thence westward along the southerly side of NYS Route 25A to County Route
46; thence southward along the easterly side of County Route 46 to its
intersection with the Suffolk County Pine Trail Nature Preserve; thence
westward along the northerly boundary of the Suffolk County Pine Trail
Nature Preserve where the Preserve is adjacent to developed parcels or
parcels in agricultural or horticultural use, or along a line parallel
to, and 100 (one hundred) feet north of, the Preserve where the Preserve
is adjacent to parcels which are undeveloped as of June 1, 1993, to the
southeastern corner of the parcel west of Woodlots Road and identified
as District 200, Section 291, Block 1, Lot 14.1; thence northward and westward
along the easterly and northerly boundaries of that parcel to Whiskey Road;
thence westward along the southerly side of Whiskey Road to Wading River
Hollow Road; thence northward along the westerly side of Wading River Hollow
Road to the boundary of the NYS Rocky Point Land; thence generally northward
along the easterly boundary of the NYS Rocky Point Land, including all
adjacent or contiguous undeveloped Town of Brookhaven parks, preserves,
open space areas, or reserved areas, to NYS Route 25A; thence westward
along the southerly side of NYS Route 25A, excluding those parcels abutting
that road which are developed as of June 1, 1993, and those lands identified
for the reroute of Route 25A by the NYS Department of Transportation, to
the northeastern corner of the parcel identified as District 200, Section
102, Block 3, Lot 1.4; thence southward along the westerly boundary of
that parcel to the parcel identified as District 200, Section 102, Block
3, Lot 1.6; thence generally westward and southward along the westerly
boundaries of that parcel and the adjoining southerly parcel identified
as District 200, Section 102, Block 3, Lot 1.5 to the boundary of the NYS
Rocky Point Land; thence westward along the northerly boundary of the NYS
Rocky Point Land to County Route 21; thence generally westward along a
straight line across County Route 21 to the northernmost extent along County
Route 21 of the NYS Rocky Point Land; thence generally westward along the
generally northerly boundary of the NYS Rocky Point Land to the point or
place of beginning, and Excluding the area defined as beginning at a point
where the southerly boundary of NYS Route 25 meets the easterly side of
the Suffolk County Pine Trail Nature Preserve; thence southeastward along
the easterly side of the Suffolk County Pine Trail Nature Preserve where
the Preserve is adjacent to developed parcels, or along a line parallel
to, and 100 (one hundred) feet east of, the Preserve where the Preserve
is adjacent to parcels which are undeveloped as of June 1, 1993, to the
Long Island Lighting Company high voltage transmission lines; thence northward
along the westerly side of the Long Island Lighting Company high voltage
transmission lines to NYS Route 25; thence westward along the southerly
side of NYS Route 25 to the point or place of beginning;
(a) a change in type of use of a structure or land or, if the ordinance or rule divides uses into classes, a change from one class of use designated in an ordinance or rule to a use in another class so designated;The following operations or uses do not constitute development for the purposes of this article:
(b) a material increase in the intensity of use of land or environmental impacts as a result thereof;
(c) commencement of mining, excavation or material alteration of grade or vegetation on a parcel of land excluding environmental restoration activities;
(d) material alteration of a shore, bank or flood plain of a river, stream, lake, pond, or artificial body of water;
(e) re-establishment of a use which has been abandoned for one year;
(f) departure from the normal use for which development permission has been granted, or material failure to comply with the conditions of an ordinance, rule or order granting the development permission under which the development was commenced or is continued.
(i) public improvements undertaken for the health, safety or welfare of the public. Such public improvements shall be consistent with the goals and objectives of this article, and shall include, but not be limited to, maintenance of an existing road or railroad track;Development as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified.
(ii) work by any utility not involving substantial engineering redesign for the purpose of inspection, maintenance or renewal on established utility rights-of-way or the likes, and any work pertaining to water supply for the residents of Suffolk county;
(iii) work for the maintenance, renewal, replacement, reconstruction, improvement, or alteration of any existing structure or additions to an existing residence or residential property owned by an association formed for the common interest in real property;
(iv) the use of any structure or land devoted to dwelling uses for any purposes customarily incidental and otherwise lawful;
(v) the use of any land for the purpose of agriculture or horticulture;
(vi) work by an utility performed for the purpose of public health, safety, or welfare and consistent with the goals and objectives of this article;
(vii) existing or expanded recreational use consistent with the purposes of this article including scouting activities, the maintenance or expansion of facilities associated with or necessary for such scouting activities including, but not limited to, the addition, modification, expansion or replacement of structures necessary for such activities and such clearing as may be reasonably required for the maintenance or expansion of scouting activities;
(viii) a change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class;
(ix) residential development on any subdivision, residential clustered development, land division or site plan which has received preliminary or final approval on or before June first, nineteen hundred ninety- three, providing the lots to be built upon conform to the lot area requirements of the current zoning, are subject to the three year exemption contained in section two hundred sixty-five-a of the town law, or are subject to an exemption from an upzoning adopted by a town board;
(x) in the core preservation area, construction of one single family home and customary accessory uses thereto on those parcels identified in the comprehensive land use plan adopted by the commission in June of nineteen hundred ninety-five and as amended on February twenty-first, two thousand one;
(xi) in the compatible growth area, construction of single family homes and customary accessory uses thereto on any lot held on June 1, 1993 in ownership singly and separately from adjacent lots;
(xii) in the compatible growth area, continuation of existing non-conforming uses, and activities permitted by special permit or special exception, including renewals of said special permits or exceptions;
(xiii) in the compatible growth area, land divisions or subdivisions in the compatible growth area consisting of five or fewer residential lots which conform to the lot area requirement of the existing zoning for the subject parcel;
(xiv) in the compatible growth area, renovations, reconstructions, additions or extensions to existing commercial or industrial uses providing the addition or extension conforms to the uses permitted in the zoning district in which said parcel is located and which does not increase existing square footage by more than twenty-five percent; or
(xv) in the core preservation area, the state or public corporation projects on parcels identified in the comprehensive land use plan adopted by the commission in June of nineteen hundred ninety-five, as amended on February twenty-first, two thousand one and October twentieth, two thousand four.