Shelter Island land preservation committee chairman speaks on development rights

Discussion on how Community Preservation Fund acquisitions are handled continued between the CPF Advisory Board and the Town Board at the July 11 CPF Advisory Board meeting with Town Attorney Stephen Kiely in attendance.

Money for the CPF comes from a 2% tax that buyers pay when purchasing East End properties and is used in turn to purchase open space for preservation and fund water protection programs.

The basic procedures remain, with the CPF Advisory Board exploring possible acquisitions for preservation and the Town Board making the final decision to acquire or pass on a CPF-recommended acquisition.

But critical among issues for CPF Chairman Gordon Gooding is an item not included in the proposed structure, but a topic that’s surfaced of transferring development rights (TDRs) from previously acquired preserved properties.

The use of TDRs is, according to the American Planning Association, “a voluntary, market-driven growth management tool that permits higher intensity development in designated ‘receiving’ areas in exchange for land or resource preservation in designated ‘sending’ areas.”

Mr. Gooding said allowing “look-backs” on TDRs at previously acquired properties, could violate agreements to which the original owners might object. He said State legislation passed last October allowing for such look-backs should have been communicated to the CPF Advisory Board.

Although towns that approved use of Community Preservation Fund money in 1998 could use TDRs from the outset, last October, the State Legislature amended Chapter 62, Article 4 to allow for look-backs on previously acquired land.

Section E determined last year that nothing would preclude a town from using development rights acquired with CPF money from being used to provide community housing as long as those rights had not been eliminated at the time the property was acquired. Since the Island had no system of TDRs in place, no such exclusion had been offered to property sellers, leaving development rights in place that could now be banked for community housing if the Town proceeds with plans to establish a TDR system.

In a written statement titled “Spirit of the contract at the time of acquisition,” Mr. Gooding said an effort to look back at previously acquired CPF properties to collect and bank development rights, for use only for affordable housing if the town adopts a system of TDRs, could raise problems.

“Is this in the spirit and good faith of the original transaction?” Mr. Gooding said in his written statement. He had previously indicated he doesn’t object to the creation of affordable housing.

But with the Town’s exploration of TDRs, elected officials have said those rights would only be transferable to sites for the express purpose of such housing. Some of those who previously sold their properties to the Town may have objections to the use of stripping that land of its development rights in support of affordable housing.

Mr. Kiely insisted during the meeting that since no TDR system currently exists on the Island, and it could be some time before such a system might be in place, there should be no discussion of it in terms of CPF acquisitions. He asked members of the Advisory Board to submit recommendations to him in writing about the system of responsibilities between it and the Town Board.

That’s something that could be resolved from the Advisory Board’s perspective at the Aug. 15 CPF meeting.

Another issue that’s expected to dominate that meeting is the creation of a “master stewardship plan,” outlining maintenance needs and changes to preserved sites. Such needs could include signage, parking and how the properties are to be used.

In June, Senior Services Director Laurie Fanelli outlined a suggestion for using a preserved site, possibly the West Neck Preserve, for a senior recreation area that would be designed to offer safe walking paths for residents if they are wheelchair- or walker-bound, or simply in need of well-cleared paths. Specially-designed equipment at a site would allow them to exercise, Ms. Fanelli said.

The Advisory Board embraced the concept as something that should be explored, while making it clear that a preserved property should not be used for such purposes as septic treatment systems.