Editorial: Carmans preservation threatened

Protecting the Carmans River, one of Long Island's cleanest, is turning out to be tougher than it should be. That is truly disappointing. The river is vital not only on its journey through the Town of Brookhaven to Bellport Bay, but also for its contribution to the health of the Great South Bay. Despite a fine start in the past year, however, the preservation effort has reached an unfortunate impasse.

First, a study group appointed by the town wrote a plan that would sensibly move future development away from the river and into downtowns. Then Albany acted to amend the landmark Pine Barrens Protection Act of 1993, expanding the 55,000-acre core preservation area, which covers the towns of Brookhaven, Riverhead and Southampton, so it includes the Carmans land in Brookhaven that needs protection.

It all seemed like an excellent echo of the process that produced the 1993 statute: negotiations among stakeholders with divergent interests -- primarily builders and environmentalists -- producing a reasonable compromise. But complications have cropped up, including the concerns of another set of stakeholders: town council members.

By expanding the core, this year's legislation effectively took away the rights of owners of about 2,000 acres to develop their land. So, how do they get compensation? The simplest way would be for Brookhaven to buy the land from them outright. But the town can't afford that. The less expensive method is to transfer the development rights. Instead of cash, owners get pine barrens credits, which they use to build housing elsewhere in town, at greater density than zoning would normally allow.

The problem is the definition of elsewhere. Transfer of development rights requires "receiving areas," places where the credits can be used to build at greater density. But not all of the six council members have been willing to accept sufficient multifamily housing in their districts. That's one factor making it tough for the town to designate enough receiving areas in places that are realistic for apartments. That shortage displeases not only the builders, for obvious reasons, but also the environmentalists, because it legally reduces the amount of preservation that can be done: By law, there has to be a place for the credits to go.

The resistance appears to arise at least partly from fear of apartments. The Island has too few rental apartments, compared with other suburban counties, such as Westchester. We need more -- especially to help keep our 18-to-34-year-olds here.

Sorting this out is crucial for both housing and preservation. Without enough receiving areas, there's a danger that some property owner deprived of the right to build elsewhere might file a lawsuit claiming an unlawful taking. That could endanger the whole 1993 act.

Supervisor Mark Lesko, who is meeting with some of the stakeholders today, should keep pushing to get this resolved. The state set a June deadline for the town to adopt the plan, but resolving the issue of receiving areas may take longer. If necessary, the town should ask Albany for an extension. Soon is good, but right is vital. We can't afford to get this plan wrong.