In a 67-page Final Scope released Monday, Dec. 1, SCWA outlined the environmental review for the two-phase, 12-mile project — which is estimated to cost $35 million for the first phase alone. The document sets the stage for a Draft Environmental Impact Statement expected by late January, SCWA communications director Daniel Dubois told Riverhead News Review.

“Following its release, we will hold public hearings to take comments,” Mr. Dubois said. “Once that process is complete, the SCWA Board will make a final determination on the project’s environmental impact.”

The move comes two months after Riverhead’s five-member Town Board voted unanimously that SCWA must comply with local land-use regulations for the 8.15-mile pipeline that would run through town but provide no water service to Riverhead residents.

SCWA conducted its own legal review, known as a Monroe Balancing Test, and reached the opposite conclusion, claiming immunity as a state-created authority.

Now Southold wants its own review of whether the pipeline project should be exempt from local regulations. During discussion at the Town Board’s Tuesday, Dec. 2, work session, officials said they would conduct a Monroe Balancing Test — a legal standard that weighs whether regional projects can override local control.

“I think it’s very important that we have that here,” Southold Councilwoman Jill Doherty said.

The town is determining when it will hold the Monroe Balancing Test, which would allow local experts and residents to voice their concerns about the project.

The pipeline is intended to bolster drinking water supplies for Southold, which the Final Scope says faces a “limited supply of potable drinking water” and local water sources “subject to saltwater intrusion.”

If approved following environmental review, construction could take four years, with the pipeline expected to be operational by 2030.

In October, the feud over the pipeline escalated when SCWA attorney Richard Finkel argued the not-for-profit agency should be immune from local regulation because “if the authority was bound by local land-use regulations in each [municipality it serves], it would be subject to the regulations of all 43 municipalities in which it operates.” 

Riverhead officials countered that the town would shoulder construction impacts — particularly along Sound Avenue, a major agricultural and tourism corridor. The pipeline would carry water from Flanders wells through Riverhead to Southold customers. 

“You design it, you approve it, and you do it and step all over Riverhead while doing it, with no benefit to us whatsoever,” Supervisor Tim Hubbard said at an October hearing. 

Riverhead Town Attorney Erik Howard said he was reviewing the pipeline Final Scope and would respond after completing his analysis when contacted by Riverhead News Review.

In October, Mr. Howard argued that Riverhead should have the authority to conduct the Monroe Balancing Test, saying the host community — not the entity seeking immunity — should determine whether local regulations apply.

Environmental planning firm Nelson Pope Voorhis prepared the Final Scope based on comments from three public scoping sessions held in June and on written comments submitted through August. The firm will now conduct the environmental analysis.

Pipeline construction plans

Phase one would run 8.15 miles from Riverside and Flanders in Southampton to the Riverhead-Southold town line in Jamesport and Laurel, supplying up to 6,000 gallons per minute to approximately 9,500 Southold customers, according to SCWA documents.

No new wells would be drilled. SCWA would draw from excess capacity in its South Shore Low Zone, according to the Final Scope. A booster station would be built on SCWA property on Pier Avenue in the Jamesport area.

The pipeline would be installed using two methods: approximately 0.63 miles by directional drilling beneath the Peconic River, the Long Island Rail Road and Main Road, with the remaining 7.52 miles installed by open-cut trenching.

The daily installation rate for trenched sections is estimated to be 300 to 400 feet per day, and up to 600 feet per day or more on long stretches within grassed shoulder areas such as along sections of Cross River Drive.

An alternate route could run north from the Flanders Road and Cross Island Drive intersection, then north to the Cross River Drive and Main Road intersection, and east along Main Road to the Franklinville Road intersection in Laurel, connecting to an existing SCWA main.

Phase two would extend existing water infrastructure 3.79 miles from East Marion to Orient. SCWA says it is not currently planning the extension and included it only to avoid “segmentation” violations under state law. No cost estimate for the second phase was available.

Southold Councilman Brian Mealy said at the Dec. 2 meeting that data from an ongoing U.S. Geological Survey study on the aquifer should be included in the pipeline environmental review.

In October, Southold Councilman Greg Doroski questioned whether SCWA was overstating the water crisis. Mr. Doroski — who won election to the county Legislature last month and will leave the Town Board in January — asked whether “the urgency created by the SCWA in moving this proposal forward is artificially created.”

Environmental review process

Throughout the environmental review, consultants will evaluate potential impacts, including land disturbance from construction, coastal habitat and wildlife effects, surface water quality, groundwater supply capacity, traffic safety, and proximity to schools and hospitals.

The Final Scope notes that “the Towns of Riverhead and Southold have raised concerns that the proposed action may induce secondary development or will be growth inducing.”

Impacts such as potential property value increases near public water are considered “out of scope for an environmental review,” according to the State Environmental Quality Review (SEQR) handbook.

An analysis of how the project would affect future development at EPCAL in Calverton was also determined to be outside the review scope and is “not expected to be significantly or adversely impacted.”

SCWA and other agencies with permitting authority will be consulted on mitigation options, the Final Scope states.

The draft impact statement, beyond the review of the proposed project, potential impacts and alternative routes, will assist in SCWA’s “final determination of impact and the appropriateness of moving forward with the project.”

The Final Scope determined that water conservation programs alone, like Southold’s irrigation legislation passed in July modeled after an SCWA program, would not achieve the project’s goals of bringing potable water to the North Fork.

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At the April 15 town meeting, the town of Riverhead introduced a resolution opposing the bills, citing Municipal Home Rule and the broad powers it gives local governments to oversee their jurisdictions. 

The resolution states “the provisions of Town Law, Municipal Home Rule Law and the Statute of Local Governments confer upon the Town of Riverhead’s independent power to adopt zoning laws which are enacted to promote the health, safety, and general welfare of this community.” 

According to New York State’s Department of State website, home rule describes those governmental functions and activities traditionally reserved to or performed by local governments without undue infringement by the state. It refers to the constitutional and statutory powers given local governments to enact local legislation to carry out their responsibilities.

“Quite simply, the state should not have any say in local zoning and local law,” said Town Supervisor Tim Hubbard. “That’s why we have local laws, and that’s why all municipalities do their own zoning. If the state steps in, it could change things drastically for us.”

For cities and villages, the changes include a minimum lot size of no more than a 1,200 square feet, with an allowance of two-family dwellings on those lots, and special requirements of up to six-family dwellings for lots within a quarter mile of a LIRR station. 

Towns cannot have a minimum lot size of more than 5,000 square feet if the lot is connected to sewer and water, and cannot have a minimum lot size of 20,000 square feet in any area. This means that the minimum lot size for Riverhead would be less than a half-acre. Towns are not required to have the higher density housing around transit hubs under the new legislation.

Other local officials expressed similar concerns. When asked how the legislation would impact Southold Town, Supervisor Al Krupski stated that the infrastructure was not in place to support that level of growth and development.

“That sort of thing isn’t helpful, because the towns have the local zoning authority, period,” said supervisor Krupski. “All zoning should remain a local decision, as the State cannot address planning or impacts from a proposed development locally.”  

Mr. Hubbard also stated that the state should not decide how individual municipalities are set up.

“We’re trying to keep our community as rural as it can be. Once you start downsizing and saying you can build on a quarter acre or a half acre, you lose that ability,” said Mr. Hubbard. “That’s exactly why we are against this, and we don’t think the state should be zoning our town.”

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Southold Town Board member Greg Doroski kicked things off by asking about the motivation behind and potential impact of a proposed Riverhead code-change that would allow agritourism inns and resorts along Sound Avenue, the main thoroughfare connecting the towns. He asked specifically if Riverhead officials viewed the proposal as a preservation effort or as an economic development opportunity.

“It’s a little bit of both,” Riverhead Supervisor Tim Hubbard said before deferring to fellow board member Ken Rothwell.

“We are overburdened by the tax bill,” Mr. Rothwell said. “We need to find ways in which not only can we preserve land but increase our tax base at the same time.”

Riverhead’s proposal would allow development across 100 acres of land located in its RA80 zoning district on the north side of Sound Avenue. That zoning allows low- to medium-density residential development while requiring the preservation of agricultural parcels, natural features and historic character. The proposal would divide each affected parcel, making 30% available for development and preserving 70% for agricultural use. 

The proposal also establishes setbacks for the resorts, with a minimum setback of 200 feet from Sound Avenue and 500 feet from the bluffs at the rear.

Asked by Southold Town Supervisor Al Krupski asked if the if the proposed zoning change would apply to the “whole length of Sound Avenue,” Mr. Rothwell clarified that it would only apply to “approximately six parcels.” 

Mr. Rothwell described the legislation as a “tool for farming” and said a priority of the project is to retain the “agricultural, historical view and aesthetics.

“The developer must engage with a local farming operation — it could be farming of any type — meaning that they utilize these soils,” Mr. Rothwell said. “It could be a vineyard there, it could be farm-to-table ready, vegetables, anything in which they want to engage. This is an opportunity; it’s a tool for land preservation, for farmers … they can choose to use it or not use it.”

Southold Town Board member Brian Mealy asked if Riverhead has studied the potential traffic impacts of resort development. Mr. Rothwell replied that Riverhead would be required to do that only if a developer sought to create more than 250 rooms, and noted that, as written, the proposed legislation limits each resort to 150 rooms.

Mr. Doroski offered to share information with Riverhead officials about prior preservation initiatives within Southold Town and touting Southold’s “very successful land preservation program,” which he said has preserved more than 10,000 acres of land through the Community Preservation Fund.

Mr. Doroski also noted that he’d spoken with Riverhead’s agricultural advisory committee and noticed a lack of consensus on the proposal — and some opposition. Mr. Hubbard responded that some farmers felt the legislation was too restrictive.

“It’s not that,” Mr. Doroski countered. “It’s the fear that this doesn’t actually benefit small-scale agriculture. This is big-ag and more big development and really looking at the shift, the pressures of agriculture on small-scale producers are even greater than someone that can afford to go in and farm 70 acres.”

Riverhead has shelved the resort proposal multiple times due to disagreements with farmers and officials are still discussing the best way to refine the proposed legislation. “It isn’t done yet by any means,” Mr. Hubbard said.

“There’s a whole other side to this agritourism, and it’s a side that, if I were to discuss it, I would play devil’s advocate and counter a lot of things that [Mr. Rothwell] has said, because there’s a lot of the opposition we have in town and for various reasons, I tend to agree with a lot of those reasons,” the supervisor continued. “Farmers aren’t 100% on board with it for various reasons, the people don’t seem to be on board with it and you have to then weigh the negatives versus the positives and right now, I see a lot more negatives than any positives.”

The discussion then moved on to the SCWA’s North Fork pipeline plan, a $35 million project that would link the Pine Barrens aquifer to Southold Town. 

The pipeline is intended to reduce SCWA’s reliance on wells affected by salt-water intrusion and reduce capital outlays for construction of new well fields in the region.

Officials expect the project to be completed by 2030. However, officials from both Riverhead and Southold agree they want more information on this project before moving ahead.

“We have to be convinced here, from a quantity and quality standpoint — do we need this water coming from Flanders at great expense to the taxpayer,” Mr. Krupski said. “That pipeline’s not going to be free.”

Mr. Krupski asked Mr. Hubbard for Riverhead’s stance on the project.

“We know Suffolk County Water Authority would love to just march right on through Riverhead and come out here and take over your water and our water,” Mr. Hubbard said. “We have no desire whatsoever to ever give up our water district. Utilities like that are too precious to have in your hometown and have your own control with, and we can offer water at a cheaper rate than Suffolk County Water Authority does now.”

Mr. Hubbard said the original route the SCWA wanted to use for the pipeline — which he said would run through Peconic Bay Boulevard, Hubbard Avenue, Meeting House Creek Road — was unacceptable. 

“That just can’t happen,” he said. “[It would cause] too much disruption by the estuaries and everything close to the bay and all the estuaries they come off of, so we indicated to them that the only way we would even entertain this is if it went down [Route] 105 to Main Road/Route 25 and then came down Main Road out to here.”

But beyond the route itself, Mr. Hubbard also expressed skepticism about the overall project.

“Ultimately, [if] you don’t have the need for it out here, I don’t understand why they would invest that much money in it — or if [Southold doesn’t] want it out here, why they would invest so much money to try to come out and do this,” Mr. Hubbard said.

The board members also discussed holding a similar joint meeting again early next year. 

“I think this is a great idea,” Mr. Hubbard said. “I think Riverhead and Southold are kind of one and the same when it comes to a lot of issues.”

Mr. Krupski echoed Mr. Hubbard’s comments.

“It helps to talk,” he said. “We might have different paths on some things, but it’s good because [we have] so many different, common challenges.”

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The mall’s operators had requested that the permitted uses at the outlet center be expanded, and Town Board members voiced support for Tanger last month, noting that it is Riverhead’s biggest tax revenue generator.

The board held a public hearing last month on a number of proposed new uses that could be allowed at Tanger, which is the only property in town that falls under the “manufacturers outlet center overlay” zoning designation. 

The amendment changes the name of that to the “manufacturers outlet and retail sales center, interior design showroom and trade center and specialty grocery, food stores and markets center.” It will also allow indoor activities such as an arcade, virtual reality games and billiards.

The new zoning prohibits flea markets, gas stations, motor vehicle sales, car washes and printing plants. Medical offices are also banned, as are hotel lodging and overnight accommodations, beauty parlors, adult stores and sales of cannabis and electronic cigarettes.

The amendment limits the number of food courts to two, but it gives the tenant the option of replacing one of those with a restaurant. That restaurant, however, would not be permitted to have signage on Route 58, according to deputy town attorney Anne Marie Prudenti. 

An indoor theater was previously permitted at Tanger, although none was ever built. The amendment now allows new theaters that offer dining, comfortable seating and alcoholic beverages, Ms. Prudenti said. 

“This is a national trend that’s going on because retail has taken a big hit with online shopping,” Supervisor Tim Hubbard said at last month’s public hearing on Tanger’s request. 

The outlet center has also become a significant target of retail crime. The proposed amendment had been in the works for to years, according to Ms. Prudenti.

“This is necessary, everybody knows what’s happening in retail,” Councilman Bob Kern said at the public hearing.

The Riverhead Chamber of Commerce also sent a letter in support. 

Several Route 58 stores have recently closed, including Christmas Tree Shops, Bed, Bath & Beyond and Big Lots. But officials said those closures were part of nationwide downsizings, and that Tanger had nothing to do with their going out of business.

ADDITIONAL REPORTING BY TIM GANNON

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