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Home My WebLink AboutPublic Correspondence From: Michaelis, Jessica Sent: Wednesday, January 13, 2021 8:44 AM To: Palmeri, Allison Subject: FW: incoming mail: Reed Super RE Tenedios Attachments: 21-0111 Ltr to Planning Bd and DEC re Tenedios greenhouse amendment w attac.hments.pdf " Follow Up Flag: Follow up F �p Flag Status: Completed - i lD l� n i i n g �cIal,d From: Michaelis,Jessica - r~ Sent: Wednesday,January 13, 20218:44 AM To: Duffy, Bill <billd@msoutholdtownny.gov>; Cummings, Brian A. < tmian.curll�r�G town,,,OLltholci.riy,us>; Don Wilcenski home tvOski _Jm _dwiIsnX . Lanza, Heather; <lwoather,ian7zatgy n.sUr4holcl.n .gas>; Mary Eisenstein (g.ab)naa:Y. olat(mn21Lrw Jt)< lmtrrmcy cotm�truiJu ut>; Rafferty, Pierce<orLi[fp- t rfLs iprsislandnet>; Rich III,James H < E) estj&3 o itonline.net>; Sidor, Martin H _gi< idor�ot t nlir c r t>;Terry, Mark<rrrar°k terry towrJmm c atho .�a««>; Wilcenski, Donald J <don@briarclifflandscape.coom> Subject: incoming mail: Reed Super RE Tenedios From: Reed Super<reedsut et�law p gwi> Sent: Monday,January 11, 20211:39 PM To: Lanza, Heather<heatJ'ieP Ia!]zai own, uthold.nV.us>; Michaelis,Jessica <jt-ccsicaryi( ih IdL vtrnny v>; Cummings, Brian A <br.aru cion min southold.ny.,gs>; spa .aaJl<orn��nft',, l r�y,goy,�ww'Y, MUiriFuc� cc d c ny ; Elgut, Craig (DEC)<craip el utPdec-ny,gov> Subject:Tenedios/Fresh&CoFarm, LLC site plan, SCTM # 1000-19.-1-1.4, & DEC Permit Appl. # 1-4738-03952/00004 Dear Chairman Wilcenski, Members of the Southold Planning Board, and DEC Regional Administrator Ackerman: Please see the attached correspondence regarding the proposed amendment to the Tenedios/Fresh&Co site plan for the Greenhouse, which is on the Planning Board's work plan and public meeting agenda for today. The letter is also addressed to DEC because there is a wetlands permit for the site plan which the applicant is seeking to amend. We ask, among other things, whether the Town and DEC have verified that the applicant/permittee is complying with the conditions imposed on the previously granted approvals, before either agency decides whether to amend those approvals. Regards, Reed Super Reed W. Super SUPER LAW GROUP, LLC a. 180 Maiden Lane, Suite 603 New York, NY 10038 (212) 242-2273 (direct) (212) 242-2355 (main) (646) 345-9658 (mobile) (855) 242-7956 (fax) reej_@lu2erlawgroup.com ... www,supewrlwa,w rou .com *** CONFIDENTIALITY NOTICE *** This e-mail is from Super Law Group, LLC, a law firm, and may contain information that is confidential or privileged. If you are not the intended recipient, do not read, copy or distribute the e-mail or any attachments. Instead, please notify the sender and delete the e-mail and any attachments. Thank you. On Mon, Oct 19, 2020 at 4:02 PM Reed Super<reed >wrote: Dear Chairman Wilcenski, Members of the Southold Planning Board, and DEC Regional Administrator Ackerman: Please see the attached correspondence regarding the proposed amendment to the Fresh&Co site plan and tidal wetlands permit. Regards, Reed *************************************** Reed W. Super SUPER LAW GROUP, LLC 180 Maiden Lane, Suite 603 New York, NY 10038 (212) 242-2273 (direct) (212) 242-2355 (main) (646) 345-9658 (mobile) (855) 242-7956 (fax) �ryr: s�a.p.. �...�y.4 , -Co rn *** CONFIDENTIALITY NOTICE *** This e-mail is from Super Law Group, LLC, a law firm, and may contain information that is confidential or privileged. If you are not the intended recipient, do not read, copy or distribute the e-mail or any attachments. Instead, please notify the sender and delete the e-mail and any attachments. Thank you. ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. SUPER LAw GROUP , LLC WRITER'S DIRECT DIAL: 212-242-2273 January 11, 2021 EMAIL: reed @superlawgro up.com Via Electronic Mail I Donald Wilcenski, Chairman and members of the Town of Southold Planning Board 54375 Main Road Southold, NY 11971 j Susan Ackerman, Regional Permit Administrator New York State Department of Environmental Conservation Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road Stony Brook,NY 11790 Re: Tenedios Barn and Greenhouse Amended 28410 NYS Route 25, s/w corner of Narrow River Road &NYS Route 25, Orient SCTM# 1000-19.-1-1.4 Re: DEC Permit Appl. # 1-4738-03952/00004 (combined with# 1-4738-03952/00003) Tidal Wetlands Permit Application for Fresh&CoFarm LLC (Tenedios) 28410 Main Road (Route 25), s/w corner of Narrow River Road & Route 25, Orient SCTM# 1000-19.-1- 1.3 & 1.4 Dear Chairman Wilcenski, Members of the Southold Planning Board, and DEC Regional Administrator Ackerman: We are writing on behalf of Friends of Narrow River, Inc. to the Town Planning Board and to DEC regarding: (i) the proposed amendment to the Fresh&CoFarm, LLC site plan application for a greenhouse, which is on the Planning Board work session and public meeting agenda for today; (ii) amendment of the tidal wetlands permit that was approved by the DEC on or about May 1, 2019; (iii) compliance with, and improvements to, the conditions of the site plan approval and tidal wetlands permit. As an initial matter, we wish to point out that the Town's Laserfiche repository of documents for public review, which is typically very user-friendly for the public to navigate, has gotten extraordinarily complex for the Tenedios site plan applications and amendments. For the matter on today's agendas, the undersigned was able to locate only the attached 39-page document, which appears to have been last updated in February 2020. It is located in the "Pending Inactive" folder. There are also Tenedios site plan application materials located in the "Pending" and "Approved" folders. And we could not locate the Staff Report referenced on the agendas. 180 1.�tr�r o l_ � z:; Sr.:l'rta 603 . Nm\ YORK, -INEW Y01:,K 1003' )3 -`. '6 `}3:`i i f .•�.\: P1.s.> 2 1`7 l �SE� °Vv\o .SU1)c r Iota-g r U J,-).c 0 17x Planning Board and DEC January 11, 2021 Page 2 Substantively, we wish to make the following points and requests, and ask the following questions, of the Planning Board and DEC, which are similar to the points, requests, and questions we made and asked in our October 19, 2020 letter to the Board and DEC regarding the application for approval to relocate the location for the proposed barn (see copy of 10/19/20 letter attached): 1. Even though the applicant has not yet built the barn, and is not proposing to expand the greenhouse (or add an additional greenhouse), the applicant has already built the initial greenhouse it received conditional approval for(after having started construction before receiving approval from either the Town or DEC and having received a Stop Work Order). Therefore all of the conditions imposed by the Board and DEC as part of the conditional site plan approval and tidal wetlands permit(see below) should have already been fiilly complied with and in place at the site. Before taking action to amend the site plan or wetlands permit, the Planning Board/Department and DEC should each inspect the property to determine whether, and to what extent, the applicant has complied with each of the conditions. If they have not been complied with, DEC and the Planning Board should enforce those conditions, require frill compliance with each of them, and then re-inspect to determine whether full compliance has been achieved. (If DEC has already taken some action to revise the permit, DEC should nevertheless inspect, determine compliance with the conditions, and enforce them,which would also be helpful to the Planning Board.) Such conditions of particular note, and related questions, include: 1SIL C i o,;,p fiflolr � p ("1311u11'ers. q,1104'r,"TS S[11,111 Oyu., p�� ru a d P.rc "is to 1ruQ.wra�,unt: live�tock from puu .rzimuui them) a).nd Nallgu��2...1�o,R rd �::u�urrlin�a:rrTs 3 Q��. 4 ("Livestock shall be prevented from entering the vegetated buffers" and "Livestock grazing, paddocks, shelters and enclosures shall be located outside the vegetated buffers shown on the site plan."). • Have all of the wetland buffers shown on the site plan, including those highlighted in yellow on the DEC-approved version been fully fenced, with adequate fences, as required? • Have livestock and livestock grazing activities been kept out of the wetlands and buffers? 1 FA C a.upo(fi u��z.p Opp °z�.r�afliia�::. W.: ��u�u � Q:1 .,.wu�.a:9,`�1.u�Y�rrnha:�fl �ru�,a:�;r %vifli6n Tfic �tiqui tuut�:�0 O��i6'p'F:P' JTC:,s:u q 'gym (:ruu Qq)p•rmved 1.h➢ jlls. 'd1!upt0d 1:1c ba;c;dcd u.a uy:Wvc ;ced "uuld ":u1➢ue%ved uo ras MMaou AI . . . ."`' Planning Board and DEC January 11, 2021 Page 3 allowed to revert to natural, as required? * Planriina Board (","otiditioti 5: "Vegetated Buffers 2 & 3 shall be managed for the following benefits: a. Provide denitrification and nutrient uptake; b. Slow water runoff and enhance infiltration; c. Trap pollutants in surface runoff& subsurface flow; d. Stabilize soils. Vegetated Buffer I shall be managed to maintain existing trees, shrubs and groundcover; ■ Have the buffers been properly managed far these benefits? * I) °C-....( ondition 5a "No Dishirbance to VegctatedTidal Wedaiads, ']'here shall be no distiarbwwe to vegetated tidal we(lamls or protected bufferarcas,,..is a resuft of the permitted activ4ies." 0 Has there been any disturbance to the wetlands or buffers? * DEC Conditioi 9: "Restrictions. A.11 wianure piles and tised livestock bed(ling niust be kept a.rrrii)iawm of II00' from.any freshwater or t1dal wetland arcas and must be prevented f.roni eyiten'ng %vet�aiiids or surface waters." * Have all manure piles and used livestock bedding been kept as minimum. (?1'100ft?et ftom. allfireshivater or fidal wedand areas and prerentedftom. enterinl- wedands orsuditce waters? * In its May 1, 2019 response to public comment, DEC stated that the applicant "has indicated[to the Department/that all manure and animal bedding from the barn will be collected and removed from the site." Has the applicant lived up to this commitment? * Plaimiiw Board Cotiditiori : "The Planning Board strongly encourages the property owner to follow the guidelines developed by the USDA for sustainable numbers of animals on pasture. The Board further encourages the farm owner to request a nutrient management plan for the animal husbandry portion of the farm, as well as consulting with the USDA Natural Resource Conservation Service (NRCS). The Board also Strongly encourages the property owner to develop a Comprehensive Nutrient Management Plan (CLAMP) to address nutrient loading to surface and ground waters by working with the Suffolk County Soil and Water Conservation District and/or USDA NRCS." Planning Board and DEC January 11, 2021 Page 4 Has this been done? These should have been requirements, rather than "strongly encourage[d]. ff they have not been done, the Board should make them mandatory as part of the conditions for any amended site plan. The 2018LPVRP.findings made clear that this is necessary for LWRP consistency. While that LWRP memo qualified its recommendations with the phrase "to the greatest extent practicable, everything in Condition 8 is practicable and should be required. 2. Based on DEC's and the Planning Board's review of the status of the applicant's compliance with all of the conditions, both the Board and DEC should review the conditions and improve, strengthen, and clarify them, in order to better protect water resources, fresh and tidal wetlands, surface and ground waters. As noted above, Planning Board Condition 8 should be made mandatory. Other improvements to the conditions, based on the Board's and Department's review of the status of compliance with all of those conditions, is warranted as well. 3. The site is already highly prone to flooding, which can cause pollutants to wash off- site into adjacent waters. The Narrow River/Broad Meadows Restoration Project may affect this and, potentially, exacerbate the situation and/or alter the boundaries of tidal wetlands on or near the site. The restoration project should be considered in the context of approvals for this project. 4. A new LW RP consistency determination is required. 5. The staff report states that the following must be done regarding compliance with DEC Construction General Permit("CGP"). Has it? "Provide a written determination from a licensed engineer on whether a NYS DEC Stormwater Pollution Prevention Plan (SWPPP) will be required due the amount of ground disturbance associated with the proposed construction of the agricultural buildings and related infrastructure (bam, driveway, utilities and greenhouse). This certified written determination must be provided to the Office of the Town Engineer for review and concurrence. If it is determined that a DEC SWPPP is required, the SWPPP must be filed with and reviewed by the NYS DEC, and a copy of the NOT and the SWPPP documents must be filed with the Southold Town Engineering Department." These requests are based on the following, as well as all of our previous letters to the Board and DEC. BikCK(-'ROUND AND SUPPORTING FAC"I'S XNI) LkW Reseonsibilities o)L'Ihe 1`6 1 vn and DEC In considering site plan applications or amendments, the Town Code in Chapter 280, Planning Board and DEC January 11, 2021 Page 5 Article XXIV (Site Plan Approval) and Chapter 268 (Waterfront Consistency Review) directs the Planning Board to give "high priority"to the "protection of groundwater and surface water from contamination by pollutants" and the "conservation of... natural drainage courses, fresh- and saltwater wetlands and marshes, to "prescribe appropriate conditions and safeguards," and to "prevent[] ... impairment of water quality. See, e.g., Town Code §§ 280-127 to 280-131; 268-1 to 268-7. DEC's wetlands regulations "apply to any tidal wetland . . . and to any adjacent area," with includes the area "300 feet landward of said most landward boundary of a tidal wetland." 6 NYCRR § 661.3. The regulations broadly define "project"' and "land use and development or use"2 to include more than just "regulated activities." Id., § 661.41 Likewise, "pollution" is defined to include "conditions or contaminants in quantities or characteristics which are or may be injurious to human, plant, or marine life, wildlife, or other animal life, or to property, or which unreasonably interfere with the comfortable enjoyment of life and property throughout such tidal wetlands as may be affected thereby." Id. The Site The Fresh&CoFarm LLC property contains and is adjacent to important, valuable and sensitive wetlands, habitat, waterways, and other natural resources that make the North Fork special. Adjacent to the property just across Narrow River Road is Narrow River, a tributary to Hallocks Bay, an important shellfishing and recreational resource. Narrow River and the Bay also support primary and secondary contact recreation; there is a marina where the River widens into the Bay. The Bay and the River(starting at a point adjacent to the Fresh&CoFarm property) have been dedicated by Department and the Town of Southold as a"Critical Environmental 6 NYCRR § 661.4("Project shall mean any action which may result in direct or indirect physical impact on a tidal wetland, including,but not limited to,any regulated activity.") 2 6 NYCRR § 661.4("Land use and development or use shall mean any construction or other activity which materially changes the use or appearance of land or a structure or the intensity of use of land or a structure, including but not limited to any regulated activity.") 6 NYCRR § 661.4("(1)Regulated activity shall mean: (1) any form of draining, dredging, excavation or removal, either directly or indirectly, of soil, mud, sand, shells, gravel or other aggregate; (ii) any form of dumping, filling or depositing, either directly or indirectly, of any soil, stones, sand, gravel,mud, rubbish or fill of any kind; (111)the erection of any structures or construction of any facilities or roads, the driving of any pilings or placing of any other obstructions, whether or not changing the ebb and flow of the tide; (Iv) any form of pol I iition; (v) any portion of a subdivision of land located in any tidal wetland or adjacent area; (vi) any other new activity within a tidal wetland or on an adjacent area which directly or indirectly may substantially alter or impair the natural condition or function of any tidal wetland.") Planning Board and DEC January 11, 2021 Page 6 Area."' The Bay, River, and adjacent wetlands— including wetlands on the Fresh&CoFarm property— are designated New York State "Significant Coastal Fish and Wildlife Habitat."S There are at least three (depending upon how one counts them) areas oil the property containing either tidal wetlands, regulated freshwater wetlands, or both— in the northeast, south- central, and west-southwest portions of the property.6The tidal wetlands and freshwater wetlands are in very close proximity to each other on the site, and their adjacent areas overlap. Most of the on-site wetlands extend across the property lines onto adjacent properties, which are private properties to the west and public property to the south. There is a pond on the northeast portion of the property, another pond that straddles the western property line.' Long Island's sole source aquifer underlies the property. Local residents get drinking water from wells. The groundwater has a subsurface connection to the adjacent wetlands and waterbodies. Of particular importance, there is also a direct connection between the property's tidal wetlands and Narrow River through at least two culverts or other drainage infrastructure that convey surface water from the property under Narrow River Road to Narrow River. Some of the tidal wetlands extend north-northwesterly from the road onto the property in a relatively narrow corridor and receive runoff and snow melt from the fields to their east and the paddocks to their west. As a result, pollutants entering the wetlands from either of these areas via stormwater(or through direct incursion by livestock into the wetlands) will flow through these point sources into the River and Bay through the culvert. The tidal wetlands in the southwestern comer have been described as high-quality wetlands. The property is also in the 100-year flood plain. During Hurricane Sandy and many other much smaller storms, much of the property is under water. The standing water then drains under and sometimes over Narrow River Road, bringing with it pollutants from the site. Whatever is released on this low-lying coastal property can quickly end up in the adjacent River and Bay. Pre via'its A InVication Rei!hm��, jppiwiahv, and Gmdilion,s On April 25, 2018, the Town's LWRP Coordinator submitted a memorandum to the Planning Board, pursuant to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards, finding that "the proposed action does not fully support" many of the LWRP policies See h�1ps:j ' Seehl[], [3 , ,a,,,pJ1' See —-------.............. --------------------.............. .................. also April 25, 2018 memorandum from Mark Terry, Assistant Town Planning Director and LWRP Cooidinator, to Planning Board at p. 10,Figure 3 (showing proposed barn location in close proximity to NYS Significant Coastal Habitat; there would be no buffer between the barn and the habitat area). Tidal wetlands are in all three areas. The freshwater wetlands are designated 0-8. The applicant's survey has located this pond in the wrong place. Planning Board and DEC January 11, 2021 Page 7 and that consistency with the LWRP depends upon the imposition of conditions and recommendations set forth in that memorandum to protect coastal resources. (See attached.) The conditional site plan approval granted in January 7.019 by the Planning Board included the following conditions (those relating to water resources are italicized): 1. The public is not permitted to access the barn or greenhouse; 2. The barn and the driveway to the barn shall be used for agricultural purposes only as per the Town's easement; 3. Livestock grazing, paddocks, shelters and enclosures .shall be located outside the vegetated buffers shown on the site plan; 4. Livestock shall be prevented.fron? entering the vegetated buffers; 5. Btffers., Vegetated Buffers 2 & 3 .shall be managed for the following benefits, a. Provide denitrification and nutrient uptake; b. Slow water runoff and enhance infiltration; c. Trap pollutants in surface runoff chi subsurface flow; d. Stabilize soils. Vegetated Btaffer^1 shall be managed to maintain existing trees, shrubs and groundcover; 6. Signs: Any sign that requires a sign permit must be reviewed and approved by the Planning Board prior to installation; 7. Lighting: No exterior lights were reviewed or approved in connection with this amended site plan. Any exterior lights on or around the outside of this greenhouse must be reviewed and approved by the Planning Board and must meet Town Code § 172 Lighting; 8, The Planning Board sta•ongly encourages the property owner to follow the guidelines developed by the USDA for sustainable numbers of animals on pasture. The Board finrther enWurages the farm owner to request a nutrient naanageinent plan for the animal husbandl)�portion cif the farm, as well as consulting with the USDA Natural Resource Conservation Service (NRCS). The Board also strongly encourages the propert},owner to develop a Comprehensive Nutrient Management Plan (CNMP) to address nutrient loading to surnftrce andground waters by working with the Sz.folk Count,Soil and Water Conservation District and/or USDA NRCS. The tidal wetlands permit approved by DEC on May 1, 2019 (see attached), includes, Planning Board and DEC January 11, 2021 Page 8 among others, We following special conditions: * No ffistuirbance to Vegaated ]Fidal Wetlands. Thcre shall be no to imgamed W welmds or pniWoed D. area; as a ros�flt of the periinth,�,d actividC& * No 1Jnauthorized MIL No HH or WITH is aMhmbvd by thl pemit Whom Wrther writteir approval fir-corn the deparnrient Qcimdt, nrodification, airiendrytent). c, linstall, Allaintain Erosion (. ontrols. Necessary er-osiorr control measures, i.e., straw bales, sHt Wricing, cum, are to be plecd on the downslope edge of any djqUTbtml area. "rhis sediment bewrier is to be put in placebefbre arry disturbance (if the gTOUTid OC.CUrs and is to be maintained W good and functional condition untfl. this ve,,getative (:over is estO.)fished, * Maintain ll rosit.Fn ConArMs. AH erosion coritrol devices shall. be inain.laincd in good and functional condition tenth die project.Ims been compItted and le area has bemi smWed, * Rest:110 iO Fms. AA manure plies and wed livestock beddIg must be kept an. i-nnrimuni of'100' frorri.any WAmmter or fidal iveflandareas and inust be prevesed florn witedr, ivedzuids cm°surface lWers, * Scaling ExisQ; cleared/disturbod. areas %vithin the "vegetated bi.O.Ten" areas, as shown on approved lAwis, shouhJ be seeded %vith anative seed unix.and A.oNved to mvert to naurraL Buffens inay be tnowed once a ymr. * BuHhr% 1000ts W11 be Fenced so as to pmvtva Hvemock Vorn gimzhig in then, 15. ConfAinance WW idi Mum AH act!v itiesauthorized by this pen-nit must be Fir stict contbri-iiance NOW die approi& plans submined by the applicant or' 'IT)PIreant'S agon as pan of the lwrmit applicativi Such g1noved QB iv pmpwvd by .lefh-ey T, Butler 3022(ll L last revised 3-21-20119 (shzcils I & ) and starnjlpa.-.�,d NYSI)EC vq)proved on May 1, MIT ltr, Precautions Agabrist WMalrnhiladon of Waters. All necessary precautions shall be takcn to pilechadc coMamirmdon of any wetlarld Or NVAtCI-W- nya by sUSj:)C11,d(-'d MU, sahrnemC QW, sAvents, la inicaint epoxy cxvithgs, pahm concmttr. leachate or any other environmentaHly ddeterious materhis associated AJih rho prject It also includes, among others, the following general conditions and other obligations: 1. Facihy [nsWxHon by Fhe I)eparbi The pmnWtcd sii�c w fi�cihly, indo(fing 'C�cvanl rccoilrds, k sitOcpCci i N1ns19ccnoiln al. VMS011i,'O)kN)Llr', `ffld nHOCIWMS hi Mi Planning Board and DEC January 11, 2021 Page 9 authiorized re,1preseraafive of the lac partMellit of Environrnental C',onservation (the Departn"writ) to cletenn.ir)c whether the peimaittee is cornpping with this permit and,the I-,'(I., arch.r n-iay or the work suspended pin-sii.mm. to ECL 71- 0301 and SAPA 4.0 1(3). I he pier n-iiittee shall pi,ovide a person to accompany the Departirtent's representaiive during an inspection to the pemaiit area w]i.cnreqtxstcd by the Department. A, colpy ofthis pe.rryfit, inchicifi-q, all refi.,m,iced inaps, drawings arW special conditions, rnust be available for inspection by the Department at all firries at tine project site or facility. Faihire to ]1.,)rodtncc a copy of tine 11parnfit tipot) repine st by a 1)(,,pairtiTeri.t.i'el)i.,esci,itative is a ViOlaljOTI Of this PeMlit 5. Permit Modifications, Suspensions aria 1. Revocations b'y thie, DepartnT ient. he F)cpaxtment reserves t1ric right,to exercise all available authority io modify, Suspt"nd of revoke this pern-�it. "line grounds, for modification., stlsperlsu 0 rj (.)r revocation il-ICILICIL' a. mi.aterWl.y faise, or macciTrate, statements m the 11perndt apl-fliCatiOTI 01' SUpl.-m.ting papers; 1). fai kiye by the permittee to corrq)ly %vith arty ternis or (,:°oridifioris of fl-.ae pic.,mnit; c, exceeding ffiL SG:(-)T)e of the prqject as described in tine pern-m appficafiotr, dnewly discovered. material information. oT an rnaterU climige IT). t'IM T0111 ITI(.'TIt0A conditions, rclevant technology or applicabh.,,: kiw or rep.dations since vitae rsswancc of the exisfirig pet-mill, c% nom,ompliance with pi cvi(-niisiy issm-,xl 1:)er-ridt c(-rriditioris, orders of ffic cornrnissloncr., ai)y proOsions of the Consemation Law or reoulations ofthe I)epartmcnt relatecl to the pernifted activity, Item B: Pet-irnittee's Confiractors to gain pllY %�Offi 11"ermit. '111,re permittee is resi-)owJbie for itiformirng its independeril comracioi-s., eniployees, agents and assigns of their respon,O-)i1ity to cornply with this peyrnit, ii'IC4rdjllg all SpecJal corx.fidolls WIhflc .'IcM,qn, a!,s t1l'ie ]pcyirirnittcc's agent With respect to tire(-:; perniitted activities, and stick persons shall be subject to the san-uc saric-tiorils for violations oftIlL Cojciiservatim I.,mv as those prescribed for ffie peri-nittee, Planning Board and DEC January 11, 2021 Page 10 Thank you for your consideration of these concerns. Please feel free to contact me if you would like to discuss this matter. Sincerely, Reed W. Super Attachments M Friends of Narrow River, Inc. Town—Planning Department staff, Town Trustees; Town Attorney William Duffy DEC—Marine Habitat Protection Unit; Regional Attorney Craig Elgut SUPER LAw S LLC WRITER'S DIRECT DIAL: 212-242-2273 October 19, 2020 EMAIL: reed@superlawgroup.com Via Electronic Mail Donald Wilcenski, Chairman and members of the Town of Southold Planning Board J A N 54375 Main Road �— Southold, NY 11971 , Susan Ackerman, Regional Permit Administrator New York State Department of Environmental Conservation Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road Stony Brook, NY 11790 Re: Tenedios/Fresh&CoFarm, LLC Agricultural Building 28410 NYS Route 25, s/w corner of Narrow River Road &NYS Route 25, Orient SCTM# 1000-19.-1- 1.3 & 1.4 Re: DEC Permit Al. # 1-4738-03952/00004 (combined with# 1-4738-03952/00003) Tidal Wetlands Permit Application for Fresh&CoFarm LLC (Tenedios) 28410 Main Road (Route 25), s/w comer of Narrow River Road & Route 25, Orient SCTM # 1000-19.-1- 1.3 & 1.4 Dear Chairman Wilcenski, Members of the Southold Planning Board, and DEC Regional Administrator Ackerman: We are writing on behalf of Friends of Narrow River, Inc. to the Town Planning Board and to DEC regarding: (i) the proposed amendment to the Fresh&CoFarm, LLC site plan application for an agricultural building (barn), which was conditionally approved by the Planning Board in January 2019, but not constructed; (ii) amendment of the tidal wetlands permit that was approved by the Department on or about May 1, 2019; (iii) compliance with, and improvements to, the conditions of the site plan approval and tidal wetlands permit. We wish to make the following points and requests, and ask the following questions, of the Planning Board and DEC: 1.. Even though the applicant has not yet built the barn, it has already built the greenhouse, and therefore all of the conditions imposed by the Board and DEC as part of the conditional site plan approval and tidal wetlands permit (see below) should have already been frilly complied with and in place at the site. Before taking action to amend the site plan or wetlands permit, the Planning 180 LANE',. tji'rt." 60,E �'i'.t1` Yotl JK., Nn➢:N\" �'oisi Q �)03i Ei.: X12-212 23,5:1 ➢ .��° 355 y & ) 7956 u.t�� uY<t zr� tii.�� d ¢ unr Planning Board and DEC October 19, 2020 Page 2 Board/Department and DEC should each inspect the property to determine whether, and to what extent, the applicant has complied with each of the conditions. If they have not been complied with, DEC and the Planning Board should enforce those conditions, require full compliance with each of them, and then re-inspect to determine whether full compliance has been achieved. (If DEC has already taken some action to revise the permit, DEC should nevertheless inspect, determine compliance with the conditions, and enforce them, which would also be helpful to the Planning Board.) Such conditions of particular note, and related questions, include: C) I.A.'. om,dition It" ("Buff.Lrs, 13tnffirs shall. be fenced so as to prevent livestock from grazing in them) and Cotujtiolls I S, 4 ("Livestock shall be prevented from entering the vegetated buffers" and "Livestock grazing, paddocks, shelters and enclosures shall be located outside the vegetated buffers shown on the site plan."). Have all of the wetland buffers shown on the site plan, including those highlighted in yellow on the DEC-approved version been fully fenced, with adequate fences, as required? Have livestock and livestock grazing activities been kept out of the wetlands and buffers? [)H`111111111�Condition I OD.. "Seeding, 1-1xisting cleared/disturbed ar cas wiffiin the ...........I 111 — `V(."Laetale,d, bolffer, ani-eas, as s1h(.nN,"n on appioved plawi, should bcseeded wnrh of nalivc seed ruix andallow,ed tun revert to nau.lral . . . . llme al/ol'the bi&rs been seeded svith a native seed ini.v and allwved to revert to nedurt'd, (is required? o P–Jannirig [3oard Condition 5: "Vegetated Buffers 2 & 3 shall be managed for the following benefits: a. Provide denitrification and nutrient uptake; b. Slow water runoff and enhance infiltration; c. Trap pollutants in surface runoff& subsurface flow; d. Stabilize soils. Vegetated Buffer I shall be managed to maintain existing trees, shrubs and groundcover; 01 Have the buffers been properly managed far these benefits? Planning Board and DEC October 19, 2020 Page 3 ra DEL-C-p-ndition -5: "No Disturbance to Vegetated Tidal Wetlands. There shall be no disturbance to vegetated tidal wetlands or protected buffer.-areas as a result of the permitted activities." Has there been any disturbance to the ivellands or buffers? o DEC Condonid9: "'Restrictions. All i-nanure piles and Used livestock bedding ............ must be kept a minInnun of 100' from any fireshwater or tidal wetland areas and niust be prevented from entering wetlands or surface waters." Have all manure piles and used livestock bedding been kept a inininium oj'100jeetfi-om allftesh water or tidal wetland areas and prevented frown entering wetlands or supface waters? In its May 1, 2019 response to public comment, DEC stated that the applicant "has indicated[to the Department]that all manure and animal bedding from the barn will be collected and removed from the site." Has the applicant lived up to this commitment? o Plannty Bo. t g ard Condition 8: "The Planning Board strongly encourages the property owner to follow the guidelines developed by the USDA for sustainable numbers of animals on pasture. The Board further encourages the farm owner to request a nutrient management plan for the animal husbandry portion of the farm, as well as consulting with the USDA Natural Resource Conservation Service (NRCS). The Board also strongly encourages the property owner to develop a Comprehensive Nutrient Management Plan (CNMP) to address nutrient loading to surface and ground waters by working with the Suffolk County Soil and Water Conservation District and/ or USDA NRCS." Has this been done? These should have been requirements, rather than "strongly encourage[d7. ff'they have not been done, the Board should make them niw7daloi-V as part(�fthe conditions.ffir any amended site plan. The 20l8.LWRP.findir7g,.Ymade clear that this i..� necessary,fbrl.,W]?.PCO17Sistency, While that LWRP memo qualified its reconimendatiOnS with the phrase "to the greatest exlen t practicable, ei)eil�thiiq.o�i'i7Col,idiiiot78i,.Ypr(.ic,licableorad shoitldbei-eqt.tit-ed. - e,-" 2. Based on DEC's and the Planning Board's review of the status of the applicant's compliance with all of the conditions, both the Board and DEC should review the conditions and improve, strengthen, and clarify them, in order to better protect water resources, fresh and tidal wetlands, surface and ground waters. As noted above, Planning Board Condition 8 should be made mandatory. Other improvements to the conditions, based on the Board's and Department's review of the status of compliance with all of those conditions, is warranted as well. Planning Board and DEC October 19, 2020 Page 4 3. The site is already highly prone to flooding, which can cause pollutants to wash off- site into adjacent waters. The Narrow River/Broad Meadows Restoration Project may affect this and, potentially, exacerbate the situation and/or alter the boundaries of tidal wetlands on or near the site. The restoration project should be considered in the context of approvals for this project. 4. A new LWRP consistency determination is required. 5. The staff report states that the following must be done regarding compliance with DEC Construction General Permit ("CGP"). Has it? "Provide a written determination from a licensed engineer on whether a NYS DEC Stormwater Pollution Prevention Plan(SWPPP) will be required due the amount of ground disturbance associated with the proposed construction of the agricultural buildings and related infrastructure (barn, driveway, utilities and greenhouse). This certified written determination must be provided to the Office of the Town Engineer for review and concurrence. If it is determined that a DEC SWPPP is required, the SWPPP must be filed with and reviewed by the NYS DEC, and a copy of the NOI and the SWPPP documents must be filed with the Southold Town Engineering Department." These requests are based on the following, as well as all of our previous letters to the Board and DEC. BACKGROUND AND SUPPORTING FACTS AND LAW ResLionsihilifies ofthe To ivit and DEC In considering site plan applications or amendments, the Town Code in Chapter 280, Article XXIV (Site Plan Approval) and Chapter 268 (Waterfront Consistency Review) directs the Planning Board to give "high priority"to the "protection of groundwater and surface water from contamination by pollutants" and the "conservation of... natural drainage courses, fresh- and saltwater wetlands and marshes, to "prescribe appropriate conditions and safeguards," and to "prevent[] ... impairment of water quality. See, e.g., Town Code §§ 280-127 to 280-131; 268-1 to 268-7. DEC's wetlands regulations "apply to any tidal wetland . . . and to any adjacent area," with includes the area "300 feet landward of said most landward boundary of a tidal wetland," 6 NYCRR § 661.3. The regulations broadly define "project"' and "land use and development or 6 NYCRR § 661.4("Project shall mean any action which may result in direct or indirect physical impact on a tidal wetland, including, but not limited to, any regulated activity.") Planning Board and DEC October 19, 2020 Page 5 use"2 to include more than just"regulated activities." Id., § 661.43 Likewise, "pollution" is defined to include "conditions or contaminants in quantities or characteristics which are or may be injurious to human,plant, or marine life, wildlife, or other animal life, or to property, or which unreasonably interfere with the comfortable enjoyment of life and property throughout such tidal wetlands as may be affected thereby." Id. The Site The Fresh&CoFarm LLC property contains and is adjacent to important, valuable and sensitive wetlands, habitat, waterways, and other natural resources that make the North Fork special. Adjacent to the property just across Narrow River Road is Narrow River, a tributary to Hallocks Bay, an important shellfishing and recreational resource. Narrow River and the Bay also support primary and secondary contact recreation; there is a marina where the River widens into the Bay. The Bay and the River(starting at a point adjacent to the Fresh&CoFarm property) have been dedicated by Department and the Town of Southold as a "Critical Environmental Area."' The Bay, River, and adjacent wetlands—including wetlands on the Fresh&CoFarm property—are designated New York State "Significant Coastal Fish and Wildlife Habitat."5 There are at least three (depending upon how one counts them) areas on the property containing either tidal wetlands, regulated freshwater wetlands, or both— in the northeast, south- z 6 NYCRR § 661.4("Land use and development or use shall mean any construction or other activity which materially changes the use or appearance of land or a structure or the intensity of use of land or a structure, including but not limited to any regulated activity.") 3 6 NYCRR § 661.4 ("(1)Regulated activity shall mean: (i) any form of draining, dredging, excavation or removal, either directly or indirectly, of soil, mud, sand, shells, gravel or other-aggregate; (ii) any form of dumping, filling or depositing, either directly or indirectly, of any soil, stones, sand, gravel,mud, rubbish or fill of any kind; (iii)the erection of any structures or construction of any facilities or roads, the driving of any pilings or placing of any other obstructions,whether or not changing the ebb and flow of the tide; (iv) any form of pollution; (v) any portion of a subdivision of land located in any tidal wetland or adjacent area; (vi) any other-new activity within a tidal wetland or on an adjacent area which directly or- indirectly may substantially alter or impair-the natural condition or function of any tidal wetland.") ry 1 1� 1� 1 � 1iw11' �'t'hIT �[" �t &'1...' t .. See 11kR..lJ, na, t bku��, A �uv Gy�i�� 1�P1_r,,7� � 1&6Y ."' .a'„6 1.�.klF`44 �Iwkl ll4,d t l: �'Iq��l €,,lf,9G� � v+fl a i5aas I �� lP� ry_i.C. See also April 25, 2018 memorandum from Mark Terry, Assistant Town Planning Director and LWRP Coordinator, to Planning Board at p. 10, Figure 3 (showing proposed barn location in close proximity to NYS Significant Coastal Habitat; there would be no buffer-between the barn and the habitat area). Planning Board and DEC October 19, 2020 Page 6 central, and west-southwest portions of the property. The tidal wetlands and freshwater wetlands are in very close proximity to each other on the site, and their adjacent areas overlap. Most of the on-site wetlands extend across the property lines onto adjacent properties, which are private properties to the west and public property to the south. There is a pond on the northeast portion of the property, another pond that straddles the western property line.' Long Island's sole source aquifer underlies the property. Local residents get drinking water from wells. The groundwater has a subsurface connection to the adjacent wetlands and waterbodies. Of particular importance, there is also a direct connection between the property's tidal wetlands and Narrow River through at least two culverts or other drainage infrastructure that convey surface water from the property under Narrow River Road to Narrow River. Some of the tidal wetlands extend north-northwesterly from the road onto the property in a relatively narrow corridor and receive runoff and snow melt from the fields to their east and the paddocks to their west. As a result, pollutants entering the wetlands from either of these areas via stormwater(or through direct incursion by livestock into the wetlands) will flow through these point sources into the River and Bay through the culvert. The tidal wetlands in the southwestern comer have been described as high quality wetlands. The property is also in the 100-year flood plain. During Hurricane Sandy and many other much smaller storms, much of the property is under water. The standing water then drains under and sometimes over Narrow River Road, bringing with it pollutants from the site. Whatever is released on this low-lying coastal property can quickly end up in the adjacent River and Bay. Previous,j x licrttion Review Approvals, and Conditions On April 25, 2018, the Town's LWRP Coordinator submitted a memorandum to the Planning Board, pursuant to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards, finding that "the proposed action does not fully support" many of the LWRP policies and that consistency with the LWRP depends upon the imposition of conditions and recommendations set forth in that memorandum to protect coastal resources. (See attached.) The conditional site plan approval granted in January 2019 by the Planning Board included the following conditions (those relating to water resources are italicized): 1. The public is not permitted to access the barn or greenhouse; 2. The barn and the driveway to the barn shall be used for agricultural purposes only as per the Town's easement; G"tidal wetlands arc in all three areas. The freshwater wetlands arc designated 0-8. The applicant's survey has located this pond in the wrong place. Planning Board and DEC October 19, 2020 Page 7 3. Livestock grazing, paddocks, shelters and enclosures shall be located outside the vegetated bqf 3 .l shown on the site plan; 4. T,ivestorksholl heprevented from entering the vegetated buf let 5. Bqf .fers: Vegetated Buffers 2 & 3 shall be managed for the following benefits: a. Provide denitrification and nutrient uptake; b. Slow water runqffand enhance infiltration; c. Trap pollutants in surface runoff&.subsurface flow; d. Stabilize soils. Vegetated Bz?f .Pr I shall be managed to maintain existing trees, shrubs and ,-CyroUndcover; 6. Signs: Any sign that requires a sign permit must be reviewed and approved by the Planning Board prior to installation; 7, Lighting: No exterior lights were reviewed or approved in connection with this amended site plan. Any exterior lights on or around the outside of this greenhouse must be reviewed and approved by the Planning Board and must meet Town Code § 172 Lighting; 8. The Planning Board strongly encourages the property owner to follow the guidelines developed by the USDA.f07-sustainable numbers of animals on pasture. The Board.fitrther encourages thefiarm owner to request a nutrient management plan for the animal husbandry portion of the farm, as well as consulting with the USDA Natural ReSOUrce Conservation Service (NRCS). The Board also strongly encourages the property owner to develop a Comprehensive Nutrient Management Plan (CNMP) to address nutrient loading to sinjace and qr071nd waters by working with the SzV .l C011171y Soil and Water Conservation District andlor USDA NRCS. The tidal wetlands permit approved by DEC on May 1, 2019 (see attached), includes, among others, the following special conditions: "So [)k011'b'wee ill[) Y /edaiiiids. TIIIAce 111�H be no d stwh"uwc CIio C'Io KdH ol, bacHiHl V� awdiolwd 01Fs �Jfluo(l� hvm fhcl' de Coniol mc'AaIrlcs � 0' ollh Planning Board and DEC October 19, 2020 Page 8 disturbed area. This sediment barrier is to be pUt in Wace before any disturbance of the ground occurs and is to be rnainfahied to good and hurctJonat conclAxii Wl ihidc vegetative cxwvr is emblished. c: Maintain Erosion Coritrols. AH erosion control devices shall be maintAned A good and Rmcdorml condition until the pr(owject hasbeen conrpleted and the area has been stabilized, c Restrictioins, All. 111,11111re, 1pites arGd used. fivemock boddh, rnug be kept a mKinwni of 100' Runi any deshwater or wetland arcas and nrust be prevented ftorn craering vved.ands or surface waters, c Skeding Existing okareWdisturbed areas Win the "vegetatal AM' artum, as shown on apyoved flans, should beseeded Mth a native seed nnx and allowed. to reVeTt to natural, MiftCrS n.nnaay be n.-im,sred once a yen. K BuHlers. BuRbys did! be Unced so as to prevas WeshM fmin gmAng in Tom. 15. Conformance With flans, A.11 aCnVitiCS Mnh0liZCCI 1-)Y this IMInit MUSt be illStf'ict conforrriance Nvhh the apprUVW plans st.tbtrdtted by the applicant or appficant's agmt as pan of the permit application, Such approved plans Were Prepared by Jeffi-Cy T. BU ler 122201 A WA mvisul 30 1 -20 f 9 (sheets I & 2) and stan-1ped POYSINK zq)proved on May 1, 2019. 1tum Pruatitions Against: WnhaidWadort 01'Waters. AA necessary prccautlot-ts shall be taken to precWde comamMon of any wedand or watenvay by suspended solids, selmanc M, SWVCMS, fUbric-ants, epoxy coaaingts, paints- Concrete, leachate or any Mict- mrvhvnn-rmaaHy dclewhous inaterOds associated vAth. the project, It also includes, among others, the following general conditions and other obligations: fincHity InspecUou by The Departmem "Thc pennined she (w ilichiry, hududnig I eleNiara records., is sutrMct to inspection at reasonatfle hours and intervals by an Mlthkrl-wZCCI represmadve of the Apatimunt of linvironnionial Conservatkni (the to dcusnAne "Teter dw petinittce is cornj-flyinz,r witlt HA pwAt and to FG. Such rqnYswiWWe may order the Nvont( suspermed 1RU-SUal-n tO FCL, _p.1- WO I and SA PA 40 Q), The PUMOCC GO pvvide a pcoson to accompany the Qvnintents repmsavative diving nn mspcown to the perink Nvhciu requesicd by the Upartniont. iv copy or his pens, inchiding aH roAnnwd wrq)4 (ka"Ings and spe6a] CondrliOWS, PIUS1 hO WNW Rw inlyedon by the Aparmient at Al Onics at the Planning Board and DEC October 19, 2020 Page 9 pr(&ct site or facility. 1�`,ailure tO PI-OdLlCe a copy of the permit upon rcqkucst by a Depa.rtniient represerm.trive is an violation Of this JMIT)ft- 5. Permil Modifications, Suspensions and Revocations by the DepartmenC The Dep arta rem ves ttw right to exercise all avarlaWe authority to uriocfify- suspend or revoke this Permit, The grounds for inod i ficatron., susjpensron or revocation inclmie: a. materially faisc or inac(ntrate staternents in the petnift application or SUpportinC,g jx:lpers, b. fadure 1.)y the perminee to conrIfly with any tcrw, s or conditions of the pettint; c. exceec.fing the scope of glue pro�ject as des(.,ribed rn the pennit application; d, newly discovered material hifortriation or a irnaten ial change in errvironrnental conditions, relevant technoflqyy or apph"catfle la,vv or regulations since the rssuan)Ce of the exlstimZ:�>- pernri% e, noncompli'a.nee %vith l)I-CVi0USIV i6SUed PCI-IDit conditions, orders of the corwmssiouuer, any provisions of the EnviromnemaConservation. Law or regt,ilatons of the Department rclated to the permitted activity, [temp B: Permiittee's Contractors to Cornply with Permit. '11'he pernihice is responsible for its hidepenident contractors, ei-riployees, agents and assigns oftheir responsibHity to comply with this perinit., incfi,i[ditn) all special condifions w1ifle acting as the perrintlee's aaerA a.vith respect to the per.aTdtted activities., and stiicb persoais shall be siiib�ject to the same sam.,.tions fot violations of the Environrrieriufl Conservation Law as those prescribed for the pernrittee. Pi-t)lmused f'li)tei,iiloii,eiit.s, to Site Plan and Tidal Wetlands Permit According to the September 14, 2020 staff report, the amended agricultural site plan "is for the relocation of a one story 8,664 sq. ft. building to house livestock and store feed, supplies and farm equipment; which was granted conditional approval from the Planning Board in 2019 and not constructed." The proposed scope of work is described therein as follows: 2. Proposed scope of work: a. Relocate 8,664sf Barn (conditional approval —not yet constructed) t. Building: 1. 396' s/w (was 445' to cast property line, now 842') Planning Board and DEC October 19, 2020 Page 10 2. 14' south (was 520' front yard, now 534') 3. West property line: was 622' 1/2", now 227' 1/2" H. Wetlands 1. Was 349' from Freshwater pond to n/e 2. Now 269' from Freshwater pond to west (-80') in. Area of disturbance 1. Was 38,625sf 2. Now 34,444sf 3. -4,180sf b. 1,440sf greenhouse, constructed, no CO; The staff report also states that the applicant must: Provide a written determination from a licensed engineer on whether a NYS DEC Stormwater Pollution Prevention Plan(SWPPP)will be required due the amount of ground disturbance associated with the proposed construction of the agricultural buildings and related infrastructure(barn, driveway,utilities and greenhouse). This certified written determination must be provided to the Office of the Town Engineer for review and concurrence. If it is determined that a DEC SWPPP is required, the SWPPP must be filed with and reviewed by the NYS DEC, and a copy of the NOT and the SWPPP documents must be filed with the Southold Town Engineering Department; Necessary permits from the New York State Department of Environmental Conservation (NYSDEC) shall be obtained and reviewed by the Planning Board. The DEC permit(s) and associated plans approved by the NYSDEC must be submitted to the Planning Board for their review to ensure they are substantially in agreement. Further, the staff report states that the application is being referred to the LWRP Coordinator, presumably for a determination of consistency with Local Waterfront Revitalization Program (LWRP) Policy Standards. Thank you for your consideration of these concerns. Please feel free to contact me if you would like to discuss this matter. Planning Board and DEC October 19, 2020 Page 11 Sincerely, t+ , Reed W. Super Attachments cc: Friends of Narrow River, Inc. Town—Planning Department staff, Town Trustees; Town Attorney William Duffy DEC—Marine Habitat Protection Unit; Regional Attorney Craig Elgut r r OFFICE LOCATION: " �p�o MAILING ADDRESS: Town Hall Annex �� ` '�, P.O. Box 1179 54375 State Route 25 �' �� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) x� Tele hoe: 631 765-1938 Southold, NY 11971 p c Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD ,o To: Donald Wilcenski, Chair J Al P l Town of Southold Planning Board ` APR 3 From: Mark Terry, Assistant Town Planning d'irector' �� . I Plannit�ra Board LWRP ")ordir�ator Date: April 25, 2018 Re: Proposed Site Plan for Tenedios Agricultural Barn SCTM# 1000-19.-1-1.3 & 1.4 Zoning District: R-200 This Agricultural Site Plan is for a proposed one story 8,664 sq. ft. building to house livestock (goats, sheep &chickens) and store feed, supplies and farm equipment on a 34.5 acre farm, of which, 29.5 acres have development rights held by Southold Town and 5 acres have development rights intact in the R-200 Zoning District. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is recommended as CONSISTENT with the LWRP,provided the Planning Board considers and requires the following recommendations to further the below listed policies to the greatest extent practicable: 1. Require a photographic visual impact analysis to adequately assess the orientation, design and location of the agricultural barn on-site. 2. Determine if a cultural resource survey is necessary within the agricultural barn footprint. 3. Encourage the development of,9 Comprehensive Nutrient Management Plan (CLAMP) to address nutrient loading to surface and ground waters working with the Suffolk County Soil and Water Conservation Service and/or USDA Natural Resource Conservation Service. 4. Address potential impacts (if any) to surface waters from non-point pollution (surface runoff) on Narrow River and Hallock Bay waterbodies and the ongoing shellfish restoration projects conducted by Dr. Stephen Tettlebach(LIU) and Suffolk County Cornell Cooperative Extension. 1 5. Address potential impacts from point source pollution sources (under road culverts). 6. Require 100' wide vegetated buffers that are effective in the removal of nutrients and pathogens. Include mowed areas within vegetated buffer designs. 7. Collaborate with the Suffolk County Soil and Water Conservation District and/or USDA Natural Resource Conservation Service to determine if buffers proposed are sufficient in design, composition and maintenance practices to maximize and retain function and values. Design buffers to provide the following functions and values: a. Provide denitrification and nutrient uptake b. Slow water runoff and enhance infiltration c. Trap pollutants in surface runoff d. Trap pollutants in subsurface flow e. Stabilize soils 8. Require that the paddocks and sheds observed in the field are removed from the 100' wide vegetated buffers. 9. Prohibit animal grazing from the 100' wide vegetated buffer areas. 10. Require a covenant that establishes the boundaries,maintenance activities and supplemental plantings within the vegetated buffers. This LWRP coastal consistency recommendation takes into account comments and input received from other jurisdictional Boards and agencies. LWRP Policies not completed in the application materials were evaluated to the action based on available information. Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The property is zoned R-200 or 5 acre zoning. The purpose of the district is defined as: The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R- 80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible,prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town's economy ynd rhr)se or .a.4 iOflr °era,sttrze vnu rrmmmeri�xrl��a crt L 1s°, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss ofsuch areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the Town is expending large sums of money to protect existing farm acreage. At the same time, the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. The proposed agricultural use, including animal husbandry, is consistent with the above purpose of the zoning district. However, due to the proximity of the property to high value ecological 2 and commercially significant tidal and non-tidal wetlands (Hallock Bay and Narrow River), flood zones, sole source aquifer and characteristic shallow depth to groundwater and high scenic qualities identified as important to the community and NYS scenic designations,there are concerns about how the proposed use could impact surface and ground water quality and COMIM11111y character. The below aerial photograph shows the Subject parcel (center) in relation to New York State Route 25,Narrow River Road and wetlands (Figure 1). t NVI 0� Z 4 ,SP iZt, ,4 4 fp T 'A sw A Al" X r"P P 'o, *4, X6� �%, '0 sf'p W 1f, X y JI&V Figure 1. Subject parcel hatched (ArcMap). Traffic safety is an important issue on New York State Route 25, the increased traffic due to trucks entering g and exiting the parcel should be discussed. The interaction of vehicles and access t) points into the property should also be discussed. Policj?2.2. Protect ally!preserve archaeological resources. A. Conduct a cultural resource,investigation when all action is proposed oil all archaeological site,fossil bed, or in an area identifier/for potential archaeological sensitivity oil the archaeological resources in i,elltorj,lilaps prepared hj!the New fork State Department of Education. L Conduct a site siiri,ej,to determine the presence or absence of cultural resources in the project's potential impact area. The New York Department of State GIS- Public Access niap was referenced for occurrence of archeo-sensitive areas on site. The parcel is located within an archeo-sensitive area and it is recommended that the applicant contact the NYS Office of Parks Recreation and Historic Preservation to determine if a cultural resource Survey Is required in the areas where development would occur. 3 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. The proposed action does not fully support this policy. The LWRP recognizes that the Town of Southold contains a variety of unique and beautiful scenic components. These resources are defined by traditional patterns of development that were based on agriculture,the strongest visual element in Southold, and maritime activities. Visual quality of the landscape is a major contributor to the community character of the Town of Southold. The intent of this policy is to protect and enhance the visual quality of the Town of Southold. The preservation of the aesthetic, historic, and scenic character of the Town is critical to the continuance of its attraction and economic vitality as a year- round waterfront community. Many of the important scenic components in the Town of Southold can be viewed from local roads. The Town of Southold promotes the protection of the scenic components associated with New York State Route 25 (NYS Route 25) through the Comprehensive Plan. 4 u ,, v iw i r, T ro y n!a p'T a 41 u� y ,a' il"w iy P.9j ruV+Re lYAk 11 ro 4< Qr&rflw r�� ";li fa t �,mw/ ,:r,k:,y �p�l�,�t 7'� y�✓�JUUr'' ^i;.-f�: I+ r,� I r y� u:,i u" viN, �'f�✓lufi rw'p�sr;�I FYI'wNw,u� tuCV D!�I��W^ Y�t upl wi-v f am��iw w'p�,vI�1'P,w+""a I�,'�/"9�`�' t. �,�.;. w el6.y,wa W/ +dM r-v,�* ,w I;rli ndue ;� S ,';l f& pwY �J y u�,� � rJa�B ✓Y ^�Ym w 4 u w w M1a a � lY +P 3 r� y� a 3 ¢ ylro v`�nw°'f`gym N 7�v$ C u ,4 14 uliaaMw„•�°'"''.�` v a f ` i y, ' — e t�' u ✓ aMb,} ➢o �,rul;Y�,�'�du P�.n u, r n, np , aw'r�'� r y ✓° ff,e r %�Ib� vry�! ri rtia pYra+ nes,?' ,{ v n u G A e au�l�irr 4�,^w`+""r"rl A�rb pw��a /r " ��,� � � �N °."`'��G✓r � '° ,,,, r „„ v do ,.^~w o^�, /t�,�, wn�w(�7r�✓%I'w w ' m��'�` � �� ns erva�x� ' wl� "a � W° � I �� rpNw � �.' � � N''" r: ""..w�.�u - n" �17 "'u"wilwi In ma,r�3ritm�.uftia uv yn"'^'2 £u'u��rnl�� w� �..w;4r�,m��., Y uH µw,y,,""�,.,,�wa f"✓ y� ;.:. d o x F,l: �' > �' rW � tqw.+ 1 u �" .;N✓w r d,,�w &.Y „uS^% ,� � m h m; �' s,�w� u, r° � ' r naYi��r�lGwl, �ru��. � ��✓�'��1w� � w �' s ��ek �h�u ,"�'�' �� *�aw r luw ,"�ro� , r� l�r' u a o wwi a ^r k rvnen ui n �� i prww� 'wtt� vv p *� aH �` rjdy,w�, IIS I�„�'"i:,�/,� r ' n✓7�'*e�8v4p�aY��7 4i '"iA�wVud' �"'k,�!4"a"' iy r„�yt�' dF�l u,lp ww �'p��',uw��n�u", u� � �u��dq��^M�i�� pu'uy�' i'�� 9 pn ttVa I i � �'; �v�re� u *ki )Y' n i✓a,„^�;° �. �Ju(, aw h'' � l ”` J�I ly 'u ��u w�lei�'j,rA�w` r„� �r�yd""4�gv�m�H✓4o A�l„� u "�'4yw wl�'�w+" �,." I��wi"d��'ipF% �,i"�,,'��.:,� v un a "��,�u(� r� ". 4 �ae w�,.;� �°�uluv� �+,��u �fp�a� a r �u r• tw � n,- ,t �r * ,�, w �`�� " �I � I i"d°d 1 1 W, � �,�! V're Cb+,� I " WYf' YvJMAR 6'I „d ue !ul�rfTp nl'J>i r� :f vyt Gl✓f l"(=k^ir z� a em D a� r v& �r�i ,J� �Ns� it �r'' � a,rrr,�rr' rl,.�yl�ar� Figure 2. Example scenic view from NYS Route 25 looking east across parcel (Google Earth). I Protect visual quality associated with public lands, including public transportation routes,public parks and public trust lands and waters. The parcel is located directly south of the New York State Designated Scenic Byway; NYS Route 25 and possesses rural, scenic qualities identified as important to the community. Te Cl a tjoll is coli��ermll will') Illis_0 .� t e..&� 10 11wa Sale of Cieveloplimlit Gd e �s cirt dlie29,5 is es,. to ogtliold Toyvq Miicli ixe�� scenic ��to��(itmL� � 1�_1't ' � NYS, J�oute 25 together with ag-ri,cuRgral uses. However, a large agricultural barn is proposed to be located 519.9' from the front property line with a proposed 204' east/west span and 8,664 sq. ft. structural area. It is difficult to assess if the siting of the structure in its current location would result in potential impacts to the scenic qualities from public transportation routes and vantage points. To determine if a re-location or re-design would better protect and preserve scenic qualities, it is recommended that the Planning Board require a photographic visual impact analysis that identifies and assesses potential scenic impacts from NYS Route 25 and other areas from the proposed agricultural barn. 5 K. Protect visual quality associated with agricultural land, open space and natural resources. 2. Group or orient structures during site design to preserve open space and provide visual organization. The re-orientation of the agricultural barn to reduce the interruption of scenic views important to the community should be assessed and considered to further this policy. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. The agriculture barn is partially located within the AE EL 6' flood zone. The structure should be designed to meet all State, local and Federal flood requirements. It is recommended that the Planning Board address the location of flood zones in relation to the agricultural barn location to further this policy. The storing, keeping and raising of animals and raising field crops in floodplains are a common practice that could lead to water quality impairments. Storm water runoff and flooding of pasture and field crop areas may result in the flushing of animal waste and fertilizers to lower elevations including wetlands. Nutrients and pathogens are then delivered to the waterbody and are capable of adversely affecting water quality. Avoidance of agricultural practices in floodplains is one way to prevent such impacts. There is no ability to relocate agricultural practices outside of the floodplain/zones in this instance. Toward NYS Route 25 a narrow band of AE base flood elevation 6' occurs, then 0.2 percent annual chance flood hazard and flood zone X. Policy 5.2. Minimize non point pollution of coastal waters and manage activities causing non- point pollution. The proposed action does not fully support this policy, additional best management practices are recommended. Hallock Bay and tributaries are located to the south and east of the property. Approximately 1,300 acres in size, the area is comprised of several different ecosystems that include Narrow River,tidal salt marsh areas,NYSDEC owned lands and Orient Beach State Park which contains a rare example of maritime cedar forest. The bay is less than 6 feet deep at mean low water. A shellfish restoration project managed by Long Island University and Cornell Cooperative Extension Marine Program has been ongoing in Hallock Bay for a period of 13 years. Research data from the shellfish restoration project indicates that the bay has changed over the last ten years; experiencing a complete decline in eelgrass and bay scallop populations. This decline has been largely attributed to intense commercial clamming and/or warming water temperatures. It is also believed that existing farming in the watershed and the application of herbicides and insecticides could also be impacting the health of the ecosystem (Tettlebach, telephone conversation September 27, 2017). 6 Land used for agricultural purposes are frequently flushed by storm water events creating surface runoff capable of transporting pollutants to low areas and waterbodies as non- point pollution. Animal husbandry operations generate nitrogen and pathogens (coliform bacteria) capable of entering surface waters during such events. Management of pollutants is dependent upon the type, life and source. In certain situations, pathogens can be effectively controlled using sand/soil filtering of surface runoff. Nutrient inputs can also be partially mitigated through biological processes that involve natural materials, including wood chips and vegetation. The management of pathogens and nutrient loading on site is a concern due to the close proximity of animals to surface waters. A site inspection on September 27, 2017 revealed a number of goats in the south wetland area,the 100' wetland setback, and in close proximity to standing water on the NYSDEC owned parcel to the south. Animal (waste) deposited near or in wetlands and surface waters could result in non-point pollution impacts to wetland areas. Correspondingly, animal paddocks and run in sheds are also located in the south of the property in close proximity to Narrow River, an estuarine wetland and tributary of Hallock Bay. The paddocks and sheds are not shown on the site plan. It is recommended that they are added to the site plan to determine the distance from the wetlands and vegetated buffers. As indicated above, nutrient loading is also a concern. Hallock Bay is shallow. Due to the depth of the bay, the summer months of July, August and September warm the waters and have the potential to facilitate bacteria growth resulting in hypoxic (low levels of oxygen) or anoxic (no oxygen) conditions which could lead to species mortality (algal blooms, die-offs). Due to the connectivity of the parcel to Narrow River and Hallock Bay, avoidance and minimization of pathogens and nutrients entering the waterbodies is recommended. Farm practices and methods should be outlined and managed in a Comprehensive Nutrient Management Plan (CNMP) working with the Suffolk County Soil and Water Conservation District and/or the USDA Natural Resource Conservation Service. The subject parcel and the waterbody Narrow River are separated by Narrow River Road. A hydrologic connection through a under road culvert was observed and should be assessed to determine if the connection could contribute to the conveyance of additional pollutants to surface waters. All direct connections that are capable of directly discharging sediments and pollutants into Narrow River or other water bodies should be addressed. The above agricultural environmental management practices would further this policy Policy 5.3. Protect and enhance quality of coastal waters. 7 The proposed action does not fully support this policy as proposed. Hallock Bay currently meets the National Shellfish Sanitation Program for pathogen standards and is not a NYSDEC listed impaired waterbody, meaning, a total maximum daily load (TMDL) for coliform bacteria has not been established, however a portion of Hallock Bay (Narrow River) is classified as uncertified for shellfishing as a result of pathogens. This is an administrative closure due to proximity of a marina from May 1 through Oulober 31. As discussed above, the increase in nutrient loading from the raising of animals in close proximity to wetlands and Hallock Bay is a concern. The nutrients may detrimentally impact water quality and result in expanded shell fishing restrictions and even species mortality. Correspondingly,pathogens (coliform bacteria) sourced from animals are capable of entering into water bodies and threatening human health. The parcel is directly comlected to the Narrow River estuary and therefore, conveyance of pathogens into surface waters via storm water is a possibility. The treatment of pathogens through soil layers is recommended in buffer design. Additional management practices to mitigate impacts form pathogens could include stock piling of manure and/or transferring manure off—site. Manure may also be mixed with soils on site. To further this policy and protect the quality of coastal waters it is recommended that the design of functional, vegetated buffers combined with the development of a CNMP (see discussion above) is required. Policy S.S. Protect and conserve the quality and quantity ofpotahle water. The peninsula that comprises Orient is not served by public water and is dependent upon a sole source aquifer. To meet and further policies 5.2, 5.3, and 5.5 above and protect the ground water and surface waters of Narrow River and Hallock Bay from additional pathogen and nutrient loading, it is recommended that the appropriateness of constructing a wetland, or denitrification bioreactors is addressed in a CNMP. The establishment of functional, vegetated buffers designed to trap pathogens and fixate nutrients together with the development and implementation of a CNMP furthers this policy. Water quantity or use would depend on agricultural operations on-site over time. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. Hallock Bay comprises a large and relatively undisturbed coastal estuarine ecosystem. Areas such as this are rare in New York State, and provide habitat for a diversity of fish and wildlife species (NYSDOS). Policy 6.3. Protect and restore tidal and freshwater wetlands. 8 Due to the high ecological value of Hallock Bay, several designations have been applied over the years to the waterbody and wetlands. Hallock Bay is a New York Department of Environmental Conservation Critical Environmental Area,New York Department of State Significant Habitat Area, NECAS Significant Ecological Complex, Peconic Estuary Critical Natural resource Area and Critical Duck Habitat. Portions of the subject lot are designated a New York State Significant Coastal Habitat area (Figure 3) and the proposed agricultural barn is located just outside of the designation. The susceptibility of the Hallock Bay as a New York State Significant Coastal Fish and Wildlife Habitat to outside influences is high, as identified in the below narrative listing the qualities and threats to the area. Any activity that would degrade water quality, disrupt tidal patterns, increase sedimentation, or eliminate wetlands would adversely affect the birds and shellfish found in this area. All species offish and wildlife may be affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity, waste disposal (including boat wastes) and stormwater and road runoff. Tidal wetlands habitats, which assist in maintaining water quality, are especially vulnerable to activities that disrupt tidal patterns, and reduce or eliminate tidal connection. Eelgrass beds are also particularly sensitive to water quality degradation. Restoration opportunities for eelgrass may exist in the Long Beach Bay if water quality parameters are appropriate, and should be explored. It is essential that high water quality be maintained in the bay to protect the bay scallop and hard clam fishery. 9 W i N5 I� � P �tur^° y,N ,✓� `� �� o t r' r � r; of ( I�� m P ( y f�uw ter.�mwu �,.,, ,�+m.e.�...,,wou�xa r r rr��. ¢, �� n .�.�:. �� r� ya wwr ��l�K�rG � �✓�i y� ��'� I rl�rr � d qu' r�t i ,� `'V,.� � � ua � l'�� Phl �l w�Jti✓jrrNi'�"��)�(� 17� rl rl 1 !9 ro r '4 ,. co' oN4L Figure 3. Barn location in proximity to New York State Significant Coastal Habitat shown as solid polygons (AreGIS). E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. I'l�c nr(aI? c t I k'�rt.t iui thers_hii s l.)olicy. The applicant is proposing 100' wide wetland buffers from the eastern wetland system boundary,the wetland bordering the west property line, and the two wetland systems in the south and southwest of the property. Buffers between wetland and upland areas provide many functions and values. Wetland buffer widths from 50 -100 feet are typically recommended to protect water quality and buffer widths of 100 to 350 feet or more are recommended to provide important wildlife functions. Wetland buffer widths assume that a buffer is vegetated with a native Ill jna con,miurjity necessary to provide adequate buffer functions. If a buffer (existing or otherwise) is sparsely vegetated, grass, or dominated by invasive species, the buffer should be enhanced with appropriate native species or widened. It is important to note that improving buffer vegetation(species composition and 10 percent cover) is more effective in maintaining and/or enhancing buffer values and functions than merely widening the buffer. It is also important to recognize that most nitrogen (N) enters surface waters through surface flow and groundwater by leaching nitrates (NO3). Plant uptake does not result in the significant,permanent removal of nitrogen and plants need to be harvested and removed from site. Otherwise N returns to the system when the plants die and decay. The 100' wide wetland/vegetated buffers proposed should include existing hardwoods and understory vegetation to further the purpose of Chapter 275 Wetlands and Shorelines of the Southold Town Code, this policy and provide denitrification and pathogen containment functions. The vegetated buffers should be designed to provide the following functions and values: 1. Provide denitrification and nutrient uptake 2. Slow water runoff and enhance infiltration 3. Trap pollutants in surface runoff 4. Trap pollutants in subsurface flow 5. Stabilize soils To maintain the effectiveness of the vegetated buffers,the following should be considered in a covenant: 1. Wetland vegetation within the vegetated buffers should remain undisturbed. 2. Non-wetland vegetation (except trees and shrubs) should be mowed during and at the end of the growing season and removed from site to maximize N removal. Grass filtration strips that are frequently mowed with the cuttings mulched or removed from site could be established. 3. Remove paddocks and fence vegetated buffer areas to avoid use by animals where practicable. Policy 9.2 Protect and provide public visual access to coastal lands and waters from public sites and transportation routes where physically practical. A. Avoid loss of existing visual access. L Limit physical blockage of existing visual access by development or activities due to the scale, design, location, or type structures. See discussion for Policy 3 beginning on Page 3 above. 4. Use Community Preservation Project Plan funds to obtain scenic easements to protect key scenic vistas from transportation corridors and other public sites. 11 This policy has been met with the purchase of development rights on SCTM# 1000-19.-1-1.4 by the Town in 2002 for the preservation of scenic qualities associated with open space. B. Minimize adverse impact on visual access. 2. Use structural design: and building siting techniques to preserve or retain visual access and minimize obstruction of views. See discussion in Policy 3 beginning on Page 3 above. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. The LWRP identifies Hallock Bay as an important social and economic asset to the community. Well known for shellfishing, commercial and recreational harvesting, the waterbody contributes significantly to the economy of the Town and region. ..s'�ilinued Ilse of 1110 re"'ources (➢e�lund s oil (lie long-tC1,111 health alld w...� ;s wid their li al it., ls. Ensuring that the aba.md�lc�c�e of a�a��arazmta ....��sl�eares rc�olarc�. resources are sustained in usable abundance and diversity for future generations requires the active management of marine fisheries, protection and conservation of habitat, restoration of habitats in areas where they have been degraded, and maintenance of water quality at a level that will foster occurrence and abundance of living marine resources to provide valuable recreational experiences and viable business opportunities for commercial and recreational fisheries (LWRP). ] �tatp a .cl gse is coni sia`,tent witI'a this laa��p�wy, however, agricultural management practices developed to reduce potential pathogen and nutrient loading into Narrow River/Hallock Bay should be implemented to further this policy. Policy 12.1 Protect agricultural lands from conversion to other land uses. A. Avoid conversion of agricultural lands to non-agricultural uses. "1',ne �n gag �a ca� action w,thcc�s Offs �aaalicy and the Town goals to retain agricultural lands in large contiguous blocks. Policy 12.2 Establish and maintain favorable conditions which support existing or promote new coastal agricultural production. Loss of agricultural lands is often exacerbated by conditions that reduce the profitability of farming, such as high costs related to land, labor, and utilities. Creating a favorable economic environment to support agriculture is an important component in ensuring that agriculture is sustained in Southold. Avoidance of activities that would alter market conditions also is a consideration. The following 12 standards should be used to guide decisions that might impact on agricultural production. D. Support acquisition of development rights of agricultural lands. ;1t tlon ine t�; lligs pc hey. Development rights were purchased on 29.5 acres of the parcel (SCTM# 1000-19.-1-1.4)by the Town in 2002. The preservation of scenic qualities associated with the open space values on the property was identified within the agreement. Policy 12.4 Preserve scenic and open space values associated with the Town's agricultural lands. Scenic and open space values associated with agricultural lands should be protected. Farming, as an element of landscape, makes a particularly important and dominant contribution to the community character of the Town of Southold. It must be recognized that visual and open space qualities are reliant on an active and viable agricultural industry. This requires that farmers be allowed the flexibility to farm in an economically viable fashion, incorporating modern techniques and farm operations, as well as farm structures. B. Allow farms to operate using appropriate modern techniques and structures. l Ire 12p�gjlosed geti(,)e a l w u7 a,, t�1i k al c,y, however, due to the location and size of the proposed agricultural barn there are concerns that the scenic views from public roadways could be impeded. It is difficult to assess the level of impediment (if any) without a photographic visual impact study and whether an alternative location or re-orientation of the agricultural barn would better preserve open space values. Please contact me at(631) 765-1938 if you have any questions regarding the above. Cc: Brian Cummings, Planner 13 U'IJEW Y'01",'K S"IC'ATE OF C(I)'NSERVAT*N ;hp` 1 4,14 j3,60 May 1, 2019 E(............ Fresh & Co. Farm I I C IAN 1,, 4: 2,021 3,15 Mad'son Ave., RM '1501 Newyork, NY 10017 100111 Fl�,anning L,3oard Re: Permit No, 1-4738-03952/00003 Dear Perrnittee: In conformance witl'-i the reqUiremeat s of the State Uniform Procedures Act (Arficle 70, ECL) and its implemenfing regulations (6NYCRR, Part. 621) we are encNosl ng YOUr permit for the referenced activity.. Please carefully read all permit cor6bons and special permit cor-WRions contained in the perr-flt to ensure compHance during the term of the pernnit. If you are UnaNe to comply with any condffions, pUease contact us at the above address. Also enciosed is a perrnit sign whic[i Ns to be conspicuously posted at the project Oe and protected from the weather arid a Notice of Commen cernent/Compefion of Construction. 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P, 663 a""'I,ia lif w„:,l "i imi ` suMures,, In ncila,' rcy A d to c'BI„A'.°d II 1+ t,,, 0” Ind'11 kl die fl„'l l,l.; do d Permit A.Ili W t ll SII,0..M r.i za SII h„d'4.As 1 -4738 FAA i WO:O, ',f 00 1a AlAwK D o w 4110201 20nVYORh S1 ATE D EPA HIM ENT OFENV UWN MANIA LU AS FRVAIR^ IMF W, WMy DEC ID 41"S 0962 By w"110cphince c4,this perml, Ill, ic pennflee agiives that the, perniflt is (!.oii�ithlgcii!111I Upon sitii°ict compfiallice lviflN the �ffl appHeahle meg ulatiuns, and A coudhhus kwhWed as pad of dds penm it. Pcl°ln4II ��,'�[JSAN mm KARNTAII Rco(mal Penril AdilAid,hraw Address: 1JYS[)[�X-,' Ric�gion i I 1,cWqiw,tkns I'llI j1'eY Siony Dwot��,'50 Ciz-6c R,d �,,;tony Bin ok, Y 1[ 1700 -33409 Date IL�/ ----------- ........................ ...................... Distrib lIIS finto List livLirinc Ha�I-)H�et P'ToWc6on �j . ....... ----- Permit (Ann pom en h; NA"WFUL RUSN PFRA411 COP,R)[11ONS WNHRU nvown0w, APPLY II r) AU oUrMORJUD PUMPS PHRAflA 1,FF (XIH("T), a'[4 "1 '.„f, 1, R If S()11 j R C:K P 1:R Ph F F-11 0 N I)FFI,0 7`�i S to� thc�,,, Follo"oding Perail Iifs., TIFDAL L Post Perinit Sign 1 ho pon& Api wymmed w4b INsh"'Ifl bo In a uollycwrm oll ,old fvom >Ire 2, Of kwl 48 ho"s pWlo cwnrnwncvnwn, A hu AccL 'he wKw2c, dw! "Pr and wyn Wo lop poNion A 1hc encNaud nWkwOol,� m�c fi,]Uy wlarc, of xvl widcrwwd aH Nunn ;,.ml com]AWns of Ilk PeWL AW45n 10 As 0AMMM', hc ,llso he QnQ and wvnaL abarg mAh pKopsoB A 3, too (Anstnic6on D&A in Welland or Adpmit Ans /in) ,Jchri�, 0� ial fwn-,�, ennswunkin ON& pr(duct ON, inmoved lhyz the ahwuni mcn WpOnd) wDJ renyvcd w 11) WAS is pannAund Ir ii�11411l,h&l ANU161 NF,VV ) ON"'k, ""l -%I D IT A RFMU T (,)i [O(`IMy DEC M 44UH MY,! ,i� 'N,�N 1.)js�jor[iaincc ho Vegetated "Fidal NVedank; I here stud! he am MuMm to vegmul ddal vi'cIands' ("or prcocidcm d bidfifr ,',iiirnIs as as of lhic� �)u;llla"mraucd acdvi6c' 5 Stim-age of Equilpniicnt" File, slc�r�lgc of,cons�1111Cd WFI N]LOJMIIC'111�f a1,110 IPWIC6,0s S]IaH be c.oid:incd wid-thil thc. project "vorh ari� as and/cm, uipk.urd areas gn,atcr dmin 75 lincaii, lei�ar fiom 6&d IvIv(:fl"Md hinilmdary 6,, �Iqij fffl or baii;pmTfl k xllfla)razcxt b"v 0,11k pervluii vthm,�� fi.rrfl"acr wri�tcni approii,al ii-om the depaNnKmi (p�Icnn� amendrimit), 7, Inscalk Mahmain Enmiwa Couiro& WoNwT eiRshn cwflloy, rira asurcs�! n,c- itrlim, bales, mih' ciii;,, are to be jflactxf on 01m' c!clpc�of Mly AkLLHI)Cd '1116's bai-61� 1l aa, tmem �cpull 411 plvt�'c hm,!4'crre an'v (fis(urbance of II he growmJ occurs wHI K Io be minulved W pxd and hnich'on""d (N'mldnii�m 111WH vegeiative cov'cir ils' c*oa[)IiShcd" mi, Nimin(ain Ei'osaoiiiii ( �(Prktnols 4N'H cri-clisiloyr control �:diiaH fxmahaanriof hl good aind hinc!Oomd <X)Hdition unW Hie proj''^chas bm cn coiilqfleted arld Ow vi,�nl has hic!en MaHh'zcd �) Resh'ictiiiiins, rape riamire and ucic',d bcddhqnms. be p'icpm a miiiiniimn of HOO' ,fronii awry fircshrx"W.'r 0.,m 11 Illamhil vvcdand aireas, an,J, rnust he prcvcnbIf fr()Ilk cirtr np vivcdandsor sid:h:c rvV'AkT';' M" Seeding ac us whidn the "vegewtal bu%" anns, as sho"s im uppm] pflsns" al lc: dd be sctxl�cd vvudii a maOvc scc4f m�' x Ond allovved w reveot k) naWn�iL LI'fl'fim's nilay ri'a: nnovived Inwe a ycM. I L 11nMrs BufIrs shah I ha; Oncal so ds to, kvcsRm,A< p'roinu gkazhii�; km rhern, ,2 sip�Iiitc Pqot i,iaw rwy Wmagy Fhc SMW of Ncw Owk W in no eme I!ic halflc tbr any,daniage or how, m dw sUmme or vvml, hercu'll a'Vhich be c0lu"C41 hoL reslill from h1virre ciper'a6cins uindiirlalxn by Or w'4oc 1161, ghc cxmserval"i (mr Wiprovenicia of im!11iviga6on, oll horoilheir purp)scs' mild no cL'din ol rig[A bril shaH a�:ctuc holin �rny Such ifiamage" 13. State kin), Order 1hunoval cw ARcradon of '�Vortr, H IlLfflav op "r,lcvv Yor',' rNNM an uWaGon W the poslon oF±e Wwk,�ii'C 11011VVOFIVICI'k°iH if, nOKOpm�AiiOH Of'QW Dcp )Minm"W of Cons,e-vaV[caii au shaH cme umumWe obanwdon w the No; mwQdori (11 1 salad VV"�kIS Or Momi Ooms or ow WpN Q IM OL QU y or "nov win we rwq de o r we sun or ww vi, �I ass oll, d'cstr'vict i(ricii o r me ponvy remmics o c me sw we ommer nwv he on k nA hv ;w amdri wo ;,;_m !'Cl a lO L2 0b, OWII' JI S�[I�UA UF,111 xvori,, io'hu ii�m, I i1(m7 °' or p wr�"11 rm V's cal ask"d ihcl c 1�)''! wa H�(M'10 ",\ W11 a�"o'C u4,' p. +" "I, "Oc� MPd a�' opoill i.hc cq) Ir'udcmi OY rclrnr �. hayW - H. e2VD6Cil!)� ur (AhCl' inodif-"'c�Oion oCtfic hvilic�h y IuHtoa ,'cid ,'Ilah no '-mc conq"Icted, dhc ov'V cV sh'l ' vi1Ohox eX'�ICJI]Se w the and i[o siach clk'nimd 'n "�Ichi 6UK' Ha11] wmipcrv'' hc Oup'WrlunnI o� Fj%% mee, mume "app or wq pcobon MY wwwnpW sm1mv or HmgqW and reman! W As Wnwr cond&nu Ohc navignbW Ond 1100d OfHW VVdR1,1COUrSC, ",:0 k S�Kd� he In�'Idc 4�hc cd, "�c!xiv "MI "am C11,11HO or drcna 16on Puge 3 tW 6 gmlh MMAYA1011 NEW AIMM STXFF DFPAR WLNT (A" VNVHH)MMKN FAL ( (KARVATIA",„ 11410W ISOU1 DEC 10 14US I MS2 III 1 sip abil" 71day itequilire SHe Resioll-afion H upion dru ')qpiraIJoill im, I'LIVOColIk),111 of'Id6s perrilItIL (fic pin�opcct he'ri"by awhodzed Ims rim bem conjAcWhe aNNant shd[, Moul expense to flic! anid to such extent and in sum: i kne and mannur as dw DepaIMUL Of FANimmi(nuol Ccr�viser),'a6on Ilri.ia.y La)mfidh" r("q1.drc_ mr,mve aU or any pNhon of Ow usm"Yewd souchwu or 191 :md restowe We sile to jis t6no(n,C(MoAiiion' ckdnr "'hall be maJe agminA die SIMe cW hsii ,o,' 'Vork on account Of an" ��ucJi Tieu'M)V,Cll or alteiiupimr 15� "I!oil fn I-111111 a 1116111:1i,� Nkith Plans AH oolk"uflc!r mffllciriv�ed h�a' ble iiii�u coinfor-TriM(Z ),,Jfi the approved plans subrniiittuJ by the appN�;,an( (w aNY&MY agent as pwl of le ponit"qp1mHan. Such appromi phns were pmpamd by JeFfrey r Buder 112M Tian revised 3-21-20110 jr el I At 2) amird slomped TmIYSUH( aplwIrovc'd on Niay L '210111) K PrecauHans Against ofwarieos ALH rccc'ss"'Irn' sha[l be (a,Jken k' priei,Auck: coriLandnaUmn mop any voodand or Werway by smynNU solids, sedimaniC fbels, Ovum, MUM, qpoxy cowhIn pkirsocin(TC(c� pIeachaItc 01� any ti'Aher din, . . ................. GENERAL (A)NDUTIONS Apply to ALL Auilliiovizieid .......... .... ..... Ills F"acility linspedinn by, Th(! Deparhnent The penulucd she or, fficHty, rinefiiiilrilg Is Ull�I 10 h1!','PCr:dorI1 ailreassalable hmirs and Wv& hj an WwWal mpnomMaNe of Te MpmMmir CloM"ClVodon (tire I(i oJck:Vcine vVhe1hu"rIh(- pmI1i(R!!e ko�mnplyklg wvkh pe'rmit'vild (he [XT' S'uch ordcr �hc, )),ork pursuard to L;U, 71 " IYIO�� 'I ho,,,,; p�m.nrrsitiuc shafl provide o on'sq:mt k) ,rc'C(`Wlpuny ihe duringan inspcc6i�m fo too pemdL ArC�l hn-the Deparomenr, It mpy of this qmR, hdudhg all nAboiced nutps, (havdIngs and spechl mKiShmmm . must be av=c I,or in!;pectriimi by the I)eparwICUI� M �&� dnve'5� at ph pr-lojec[ s��c or ho,,,dhty, V,I,iflure lo produce a ccq))( cd' pid�rnrit up�m request by a DcpwVneWnqwc=adve is a WhOnn ormn; persm i Rvlaihmshh) (Id" this Permit W (11mr 1Qllmarnneni Onhms an id D(lei'mimatilions p61' b'y die mS",UNU10" W1 do pc.rmk dous n(H nw;Q% supeNede or reAind anymder Of dCfi!m6'naIik.m'11 k�sun d hy Hm lINTmImma or dDy A We (cmu, m"Mms or CCMkdfl�°6 'M MrCh Onkr or paw-A of 6 A0 1& SI-A,I EMEPARTMAW OF IS V I MYNTIEN II A L CONS FRVA"MN ID 1-4738-03952 3, ApWkmtWns Fir Pemkit R , Modi6cadons ornanshms The gondUce inuM Mat it sepande vvHRcjj appheadon to Lhe Depulment Q pennit twe"-M, niin(fibcaiion CM, T,1111111ster, ofilhis pernflL Siach application rarisf hiclude any Wns or suppAriental h1brniadmi he Fkputirm naMhts Any rene),val:1, rnodd'i('xation (ii, translr gmnWd by A Depanmew niuM he hi writing, Sabinissqon oF appikadons Or pcW rwwwW, nwdilwOrm cw uwnsW an: U) be submitted W„ Per-ndt Aoriiijinstriaor pin Ocin 1 H(Nt16�,Juarlers SU114Y Stirui]y( Bri�)cAX50 (Jrc[ic, Itid Stony EWA, 10(11790 -3409 4, Subrrrjiissioin of Renewal A1�)Pfiicjlion H,ic Pennith,,c niust suibniip a renem,al appflcafloiii at Ieast 30 days beRwc jNradt expRabon hw the Whwhq pennh authodadAny IM MAdwids. a Pernit MadhkaHons, Suspenshns and Mocations by flae ulna epartiarent The Depairiknein nvemui he dght to exemA A a"hWe atohoi�,ito nioLhby, siiialead or ir(ndolve tHs �)ernnb,, 1'hit! girouinds mn inatiedafly Edlse oii un,,oi;icuinote sUdein,entS 6) tht� pcmiiapplicaficin or skiqiqriorling IMPI�N,S:� b, %dure b�y ifie penniace to coynQ mid; any WDS, Or C011111A(111011S ofthe pcnnh,� C, the scope of the pQct as ciesedhed W he pennR aMM jcadnn: ifiscovenxW m,medr1 iiiformadon or nm niaterjaf change in env hcwirner r(a conditions, r0evauf, tectjnoogy mmi allpficakc 1aw nor rogKOmm Me the %wnce of die exiMing penvj, imricuniphanet,° n,,Jth prek4OLVA),' iSS'Ued �'wrwit condflns,: oixhirs oflhc any Imovisions of UL1111n. 141vininmenial CousavaNmi I mv m YegidaOons ,,)ft e Depar(Inurit r6atcd to U,w, 6, Pernfliffransfox P(.111,111i�s are (ranxfin'raL,4c imbn�s spedOcAy prohMd by Amum, wgWwfun or, -iJued pi-tor ti�mwfuuf hrafvOir of" Aqiphca6ons Wr pen 15 It mnskr shoWd be m;ubi (,-�WnershWp, 19ge 5 of 6 YOP,,hU a I E DCP A KIM ENV OF ENV UU)I MVNT A l�CONWRV A IRP`,� hw%y DIT ID 1 4738-03952 NOTIFICATION 011F 04TUP"IR PERMI[TTIRIE 013 HGA"DO piss Item A: PeriniHee Acceptil lAgUl RUPOnSibilUty aiad Agrees to hide' nification Ibc pernhUe, exceNing sate or SAW agencks, expresslyagrees to inden.ijinify and hold harnfless the Department of finvironmentat Conservalior) of the 13tate of"New York, its represenlativ,cs, lernployees, aridagents ("DEW) Or A clah, suihq Wons, ar-ai danoagcs, to Ifite to the, p(niriALec�S ads or amiWerm in cunnection NAth die 1wrtiftWes undottlokig of activRies in connecdotr MQ or opmution and mairtlemance of, ffic theilky or Wilities authorized by the perrri.it whelher in winpliance or nut in unnpHarwe a 6 the wrins ami undikms of% peW Ws AdomidHaWn dotos nDt extend to any Wnis. suht acrions, or ckin-iages to the extent attributable to DJ--,.C's own negfigent or intenlional acts(.,)r omissions, or to any eWhn% suls, oracliono; riarning the and airising tinder AMA 78 of duo New Twk. CIA lPJraad,pice Lacvs and Rules or any citizen suit or civil rights provision under fixicial or state Itcon 13. Pernflittee's Contractors to Coluply "firvid[ ]lerr nrpt 'Ile rwrridUce W, responslitflo foir infiornring,its indeperident contradors, ern ploy ees-, agents and assgns of their resp onsil-kiRy to conqAy Wh As pennil, incMdfrig all spWal acting,as, the permhte& agent with Ire spect to the perinitted -activities, and such persons shall be Qject to duo saine sanctions ibr Wations oFtfus AvAnniental Coiisc;rv(ation Lawas thosc prescribed, for the pen-nittee'r Hem C: Permithe Reqwnsible lbr Obtaining (Ather ReqWrml ll-lermh[s The 1wristittee is resqiorisiblar f6i,Waking any Wher permit'S, approJs, fands:, easeniejits and fights',or- way that rna,y be required to cany cnit the actiAls Unt me aWhodmd by Us pomat, Heim 11): No IlG ight to) Trespass or [n.terbeire with Riparhan Rights 'Ibis penwit ikes not convey to the permitice any right u)imspass upon the lands cw inwrRue w0lb the ripadan righs ofolers in ombir to peri'oirrn. die penAlted Nvork nor does h authoh,,(,,, fficirnpain-flent of' any idghts, fide, or inte rest ira jeal or poomml pmper-ty hAd or v"hod lin an pumm mA as pwq, to the parnlit. Page 6 of 6, C t�1O=COMMENCEMENT� C� �5�.. 18CG: ..- ' . RETURN THIS FORM TO:COMM...IANCE Or Fax to: 631 444-0297 u; Buvuueaa.0 of Marine p tuabitat:Piio'tecafion-NYSDEG 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER, EXPIRATION DATE ._ PERMITTEE NAME& PROJECT ADDRESS __._..._ CONTRACTOR NAME&ADDRESS TELEPHONE.,- DearSir: _.__ __ – ........_........ _,w.m ... - - .......... Pursparat to the special concMS ons of he referenced permit,you are hereby notified that the authordz,ed°ac^trvily shall c."nornmence on We cet`14 that we have read thr,,referenced perr'nPt and approved plans and fully under^:stanrl the aul:hrunz-0ed projecut and all p(,, rail conditions. We have irrsprx',ted the project site.and can complete the projeci as dG sr r+bed in the permil,and as depicted on the approved plans, We,can do so in full compliance with all plan notes and permit conditions. The perrnit,permit sign, and approved plans will beavailable at the slle For inspection in accordance with General Condition No. 1. (Both signatures required) PERMITEE —..-. ._..._ . _r. ----------- DA I p ..... .m.. _ CONTRACTOR ................ tl _._ THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND/OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line X X X X X X X ..�.. ...N011('E' OF COMPLETION OF CONS i RIR ]"ION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 Bureau of Marine Habitat Protection-NYSDEC 50 Circle Rd. Stony Brook, NY 11790-3409 PERMIT NUMBER. EXPBRATlON DATE. .....-..... _ PERMITTEE NAME&PROJECT ADDRESS ................. CONTRACTOR NAME&ADDRESS TELEPHONE p=UrSuauat to special condituons of the reierenced permit,you we hr:reby nokifed that the uau.uthodzed activity was completed on We have frullly complied wiPh the terms and condidans c:rf the perurrulit and approved pa ans. (Both sugnatuures requ-uiired) P ERlurll tll:..:E, A CONTRAC L.OR: /.t.r. 7-1HSNOTfCE, K11 7-H Pp d0TOGRAP/fS OF TP-,al::: COMP(...EPED 9/u/C.YRK ANDIOR A COervlPLEIED SURVEY, AS AP[)ROPRIATI:, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DA YS OF COMPLETION OF THE PROJECT.. r f P h r ... ti C (Cw!V'I O , l r�i 11�. C C V) f E lr1 O t!1 O 4—; i-+ ® a) ® ® r. U ` ,� L LI.- ++ Q} o W ® %G µ ® J C 4-+ o O (� #, U N = � O O C O E N E- aa ,i� .Q V O 011, UV ® zLSI � LA Q A C C O ,� O �,�,,�� ' u 4-1 zV)C f.+ Ln E C} �-+ f0 C�1 C fY ujO OR �a an U')O � } C O LL. '� �� O ��rt � Z a W = O ' o �p rr 4-1 CL tea✓y✓✓ r 2;,,� Lna LL Li. L 10 O 70 0 5 rc N O L r C 4-1 cuE ® x C = i 4 I. w A4 4 P Lgy r PP Y VrI ", IV {` w � r of " I s �f ,. ,. +�"! �k Jr I J' 1n, K C I"x ,. 6k[ tl I a .v , r pp ., + � B �;x n s a ,ra d I r I rd ¢ ri If' 1 � r _ e r I e l , . I t P r / 1; oil far a v ,. ...... .. �... .,,� .............. ............. ............. ................................ ...................... ... .................... .............. .......... Mop 1% QjQ !11 1h Mg z oil �122 06 hi no A 11 MY" .................. ..................... ................. I T i r AN 2 0 1 !A ......................... . ... .............. J 115h; A hY Ulm 1 'I q r7n.. lay SAM : .............. tic n 10 1 -----------........................................... ...... ..... ----- ...... .............. :::::,: = - tl X III V f.l, Xf l ... 1 aw r I #.,I- r e m " N'11;' 111 I �l f.� iiA t I fl + j 1,16 fY411`If} 0 KA"!f'MW ISA Jrl •1 P.Ifk 1 III �.d rz�.�i� ,r".�� Ise, � Irnv�aair vlar trrrr,.l r,lro va 11. I .ice ' ,` ----nv" rnrw ar�v ... .... 'sV4D.I.:VSYk4.S 11 IIl`v.11.i2ll"b:S d wQScVQSt�Pl' ..,..,,,,— __ .... ...,�. ,,... ......__- _... . . ✓ i in FJ iIs Y, ' xR 1� w. � 9 JJ r Gp Ir f'f ;P w [[ k •"PAp }I Y C n v . ��,.,.,...� � t� ,".Awp a � � „�� ,v r ., s'.✓r� F� B AI �� a v" � wr�� ° J° a u � v ""✓ ,,n" r I @ i i X " (f v, �% n ✓ LI fit, B tl psi .? �,\ ,�, ..,.,, r�^r µ � w ,," v Prr I1M � a ( ' I / zl",•� fr� �. III �.... oatc � a �,,..,.�.r _...-. ,° ,� V✓,1 `0 aw^ f why r '. it, f µ. ✓ I e 5. .c ,., ¢.� 1; it x I sJ ✓ ry i �j NMI of fit 01 "Post o �. r, r�k � J�i 0 i;w 1d l I , I P �. �` oil rp I X 1 u O r A 1 ` a t a. i I � I V . tFsI,E E IV 1 FORM NO. 3 P d`ff !% 021 TOWN OF SOUTHOLD BUILDING DEPARTMENT �OW1 SOUTHOLD, N.Y. vfl Ind Board NOTICE OF DISAPPROVAL DATE: February 28, 2020 TO: Patricia Moore(Fresh and Co Farm LLC) 51020 Main Road Southold, NY 11971 Please take notice that your application dated February 11, 2020: For permit to: 'nest U :t'._a i TggjCloruse at: Location of property: 28 110 k otitc 2.5, County Tax Map No. 1000—Section 19 Block 1 Lot 1.4 Is returned herewith and disapproved on the following grounds: "�tUI-S WA51t to Afti:,le XXlll Sectiop m280 12..,�..,_tl�e l �op�sed to e,t` r��r t. ...1 aar agal no wy1 Ifi)jr, thl_mSoottiold To it PIgggoe'��.. You may now ,:ipp1 y- o these agencies directly.. ut ho1 Mrd Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Planning Board FOR INT-ERNAL USE (j N L Y p � SITEPLAN, �.E RC�II�II�A�TlO[oI S dial Deterta�tnation - - . Date Sent:_ Date: _ . . F' 'ect -04 ' a--k— Name ect Address' Pro] . tr, — Ma N0._1� -zoning D. 00- ®._ ...� Suf.otk County Tax p �.� .�.�._ _.�.W.. a ... . t�rtion-a5 to rutt ApllDation�andSupportmgdocur" n _l_c_te: Copy of � be submitted.) drop ��. o ed use or uses S ,��t�ou� r tial Deterrn pati on as to whether use is permitted"w � r � n is requ inihal-Dete.rrnination as to . i whether site p �� — na f Buildin trE � � to re i.. . c�tc�e� o De Comment-t `` eferra planning P ate of .- P-D.-Date Receive , . Comments, � - r'-- _._�. -{9 nature�of Planning� 1t Staff Reviewer Final Deertt�i� af: On Daterv_.. ._.�_� w_�_� —_.....� „Rrc� n Rno {ncn(�c nr .... 111VLL BUILDING PERMIT APPLICA'T'ION CHE.CKL WILDING DEPARTMENT Do you have or need the following,before apply GOWN.HALL Board of Health 'OUTHOLD,NY 11971 4 sets of Building Plans CEL: 631)765-1802 Planning Board approval ?AX: (631)765-9502 Survey ioutholdtownny.gov PERMIT NO. Check Septic Form N.Y,S.,D.B.C. � Trustees I PI Y hi C.O.Application L . Flood Pmriit ixamined--- —20 - Single&Wcpa:atc E 1 °. 2«2 Truss Identification Forin �,. Storm-Water Assessment Form 5ipproved- 20 � Contact: _,....m. Mail to: Disapproved ale _ _ -................_ pholm '-xpiration_ . 20 Building Inspector 1 APPLICATION FOR BUILDING PERMIT Date—6Z -i(� r 20 L INSTRUCTIONS a.This application MUST be Completely filled in by typewriter or in ink and submitted to the Building Inspector with ;ets of plans,accurate,plot plan to sca'lc.Fee according to schedule. b.Plot plana showing location of lot;and of buildings on premises,relationship to adjoining premises or public streets c sreas,and waterways, o The work covered by this application may not be commenced before issuance of Bttilding Perinit. d,Upon approval of this applicatioat,the Building Inspector will issue a Building Porrinit to the applicant,Such a perm, >hall be kept on the premises available for inspection throughout the work. e.No building sball be occupied or used in'whole or in part for any purpose what so ever until the Building Inspector ssues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of ssuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting t croperty have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuantto the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to adroit authorized inspectors on premises and in building for necessary inspections. "— " (Sig ll-ab.:r'e of applicant or name,if a corporation) L)r` address of p�licact "( 'r ) State whether a plicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builde Name of owner of premises'... (As on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer c (Name and title of corporate officer) Builders License No. �C`G Plumbers License No. Electricians License No. ...,._. Other Trade's License No. i ..... Location of ,e.r _ _. one: 1. House NumbStreet and on which ed wk will be d„— ._. � .. 122a,, el-t, Hamlet County Tax Map No. 1000 Section ., Block / Lot OFFICE LOCATION: MELISSA A. SPIRO " Town Hall Annex LAND PRESERVATION COORDINATORS 54375 State Route 25 melissaspiro@town•southold.ny.us (comer of Main Road&Youngs Avenue) i Southold,New York Telephone(63 1)765-5711 s " a �,, MAILING ADDRESS: www.southoldtownny.gov „ � ,. P.O. Box 1179 Suuthold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA -._.... :_.W r � electronic mail- ��1- °lct�a�l:��a�ll�l a'�l'll, February 11,2020 Fresh&Co Farm,LLC d 10 Cambridge Place Englewood Cliffs,NJ 07632 Re: SCTM#1000-19.4-1.4 FRESH & CO F A,1 A«T, 1~,1:f Request for greenhouse on property subject to a Town Development Rights Easerneut Gentlemen: The Land Preservation Committee members, in accordance with Section 70-5 C. (2) [3] of the Town Code reviewed your request dated 1/27/2020 to construct a 36'x144' greenhouse for farm vegetables(seedlings)on the west side of the property(see sketch attached)that lies within a Town Development Rights Easement. The Town purchased the development rights on May 22,2002,and a Deed of Development Rights(Deed)dated May 22,2002 was recorded on June 6,2002. The recorded Deed includes restrictions,including but not limited to: o Restricting the use of the premises"exclusively for agricultural production as that term in presently defined in Chapter 25 of the Town Code of the Town of Southold,and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production._." o Requiring that"The use of this property shall be consistent with both the agricultural value and the scenic value of the property.Use of the property shall be conducted in a manner that does not detract from,or adversely affect the open space and scenic value that is protected by this development rights purchase and easement." At its regular meeting held on Tuesday,February 4,2020,the Land Preservation Committee members reviewed the request and found that the proposed 36'x144' greenhouse is consistent with the terms and conditions of the recorded easement. Please note that the Committee's approval of this use within the easement area does not mean that such use will be approved or permitted by other departments or agencies. The Committee's approval allows you to proceed with pursing any applicable approvals that are required by Town Code. Please feel free to call me if you have any questions regarding the above. Sincerely, Melissa Spiro Land Preservation Coordinator MS.md cc.; Planning Department Building Department Patricia C.Moore,Esq Ali N I I A F,74W,7777,� 7 F -1 —1 J �1 IAP I�r a D'd H'd h alLnU J,k-R144af �l F OdOl 9 NMI fig q I �,Y..dmm �r--T s��,��^w �� u��-- *°�W.,. " .r� 7 i��4P� �I��, ,'wv 1f' �.I IuM � �' .......... Bull in fni 0 P e, IT w;Pl Boa rvry 9 YG Al 01, IAN AiX .... . ........... �"_ V, ��l M A , z: 5, 1 4' O I", MIS VDIOCUM1111 Wn Uk HERE0", qq L= F L W, - ----- its; 1 W I UNIL 4 p 1 2 TWO ............. Ij "dhl�, I AN Is" .2 1 tit lug p a 4M I" 4Gti-it S AN 99 11 kAO ypypIn—02 ION 11 Pat Um A 11 tin jHq Q 150,11 t i ---—------------A ................. OFFICE LOCATION: MELISSA A. SPIRO OAF S o,, �'n, Town Hall Annex LAND PRESERVATION COORDINATOR 1 � 54375 State Route 25 melissa.spiro9town.southoId.ny.us i (comer of Main Road&Youngs Avenue) Southold, New York Telephone(631)765-5711 MAILING ADDRESS: www.southoldtownny.gov � P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD RECEIVE. mail "fM l c 61A=t��l.cota l i 1 b x r VIA electronic ..m�,.��...- ,... < �,�a i „J.�' Planning i3oa d February 11, 2020 i — Fresh & Co Farm, LLC ' 10 Cambridge Place Englewood Cliffs,NJ 07632 Re: SC'l`M 10010-1 ..4-1.4 I+R.fiSI- & CO FARM LLC Request for greenhouse on property subject to a Town Development Rights Easement Gentlemen: The Land Preservation Committee members, in accordance with Section 70-5 C. (2) [3] of the Town Code reviewed your request dated 1/27/2020 to construct a 36'x144' greenhouse for farm vegetables (seedlings) on the west side of the property (see sketch attached)that lies within a Town Development Rights Easement. The Town purchased the development rights on May 22, 2002, and a Deed of Development Rights (Deed) dated May 22, 2002 was recorded on June 6, 2002. The recorded Deed includes restrictions, including but not limited to: o Restricting the use of the premises "exclusively for agricultural production as that term in presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production..." • Rcquiring that "The use of this property shall be, cnnsistent with both the agricultural value and the scenic value of the property. Use of the property shall be conducted in a manner that does not detract from, or adversely affect the open space and scenic value that is protected by this development rights purchase and easement." At its regular meeting held on Tuesday, February 4, 2020, the Land Preservation Committee members reviewed the request and found that the proposed 36'x144' greenhouse is consistent with the terms and conditions of the recorded easement. Please note that the Committee's approval of this use within the easement area does not mean that such use will be approved or permitted by other departments or agencies. The Committee's approval allows you to proceed with pursing any applicable approvals that are required by Town Code. Please feel free to call me if you have any questions regarding the above. Sincerely, Melissa Spiro Land Preservation Coordinator MS:md cc.: Planning Department Building Department Patricia C. Moore, Esq � P { "'61 Al Tj J nairy"sda,'�'afl 7.. wm 4 �� w i a ��:�iu a�^w�..�rr,re-�° "�,{ . d1�w of b�'^�� ✓� � hid '"YA ell a � . t ��,�,� � �, ,�r` ,� Via" ""w .�," fl'"�,/ "r^✓ �r'-'aa'+ ��. lota "h f if «.�r ,k+ �� rte'��7 �5 �� '�t}�� ,<-`"''.. V, •,.,.. �, � � � � 4 c , ,u „ 4�a „ �, ....,.....m �...,,,,,,., gain n ✓ 5 I tl�w " y y 1 ti .,. Ron w� all ,,+ s 0 0 c• r v Jay MIR Sol OF AM cr f w � , ; k i 1 I. j OFFICE LOCATION: ., , , MAILING ADDRESS: Town Hall Annex o P.O.Box 1179 54375 State Route 25 �!; �" ti ", Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone 631 765-1938 Southold,NY www.s outholdt ownny.gov 00u► � �� PLANNING BOARD OFFICE TOWN OF SOUTHOLD �' t II I February 10, 2020 o J I I �l 1 Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Site Plan for Tenedios Farm Amended 2 28410 NYS Route 25, s/w corner of Narrow River Road & NYS Route 25, Orient SCTM#1000-19.-1- 1.3 & 1.4 Dear Ms. Moore: The Planning Department is in receipt of the Amended Site Plan Application regarding the above-referenced project. Pursuant to §280-130A and our standard application review procedures, a Building Permit Application and subsequent Notice of Disapproval from the Building Department is required before any further steps can be taken on the matter by this department. If you have any questions regarding this Site Plan or its process, please do not hesitate to call this office. Respectfully, Brian Cummings ( Planner SSubmissi011 Without a Cover I ettei �� : �. � , - 1 Z E t 61 20N Plan*g Board ub V M... f E r fl zs .".1 .: 100 � 1 1. i ..�. 4 n � Date: F1' zA�1, 11 n ¢ ir 1 ` � 4... comments: c.. � ��ti�....� ..... cu4a ... � SOUTHOLD PLANNING BOARD R E. E_ D� SITE PLAN APPLICATION FORINT A" 1 i" 2.010 � �,A..Site Plan Name and .� .�, � - Location .,, � HaurOrg , Site Plan Name. C Application Date: Suffolk County Tax Map 91.000- I ( - 01 Otner SCTM#s 19 - 1 ' `4 i .__.. o'^aHamlet: Street rens: �...._.._ _ _ . . .. Distance to nearest intersection- ^'� �� ' � 6 � �-.. ..µ ... ... Type of Site Plan: New X Amended Residential Zoning District QNvnea slat "t r pact Information mm the aeo )Ie below: . _ Please list name, ra�axrlrAt adch-e!s and .arc number/��r h . _. .. .._..__�.w_.� Property Owner Street 1, C ..' A , State Zip . C�t�A �'� �L SIC . �� ti ..... .. ciz- Home TeMleplione Other Applicant...._ U . m i _..,.__ . ... street t l d �.n ._ .._�, State...........____Cit ..a m... Home TelephoneOther . .w_ ..:.. n— Applicant's Agent or Representative:� � Contact Person(s)* Street uz2o f:.r f .... State Zip_ Office Telepl,i'oi e �, � Other *Unless otherwise requested, correspondence will be sent only to the contact person noted here. .site PlrxrgApplication 1,6rpn 21.1W2010 Site Data Proposed construction type: New Modification� oxis mg Structure Ac4 iWltura l � gof use Property total acreage or square footage: .�� " hc./ 1, ) wr Site Plan build-out acreage sq� ��re f��rtor r�r. ) t r age ^gip 1, � ac,/sq Is there an existing or proposed Sale of Development Rights on the property? Yes X No IfexplainE` �a v ... ' .._.. ._.� .ale. : p— ITMi. ...mb . .... .��s _ ) -- ........ � .....:.:.�. Does the parcel(s) meet the Lot Recognition standard in Town Code§280-9 Lot Recognition? YEN_ If"yes", explain(and attach any necessary documentation—title report, subdivision approval, etc.) Building Department Notice of Disapproval Date: Is an application to the Southold Town Zoning Board of Appeals required? Yes No X If yes, have you submitted an application to the ZBA? Yes-- No If yes, attach a copy of the application packet. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses:..Wev k u., . .. . � � ..,� � :,� ¢� "� �. ' x 4) 14 List all proposed property uses: 11K Other accessory uses _ If Existing lot coverage ....� J® e_... ......... _ Proposed lot coverage-, "� P g gstructure(s): q P pstructure(s): Gross floor area of existing � �.,�.e ..s ft. Gross floor area of proposed .. ...� . a. .. .�....,� ... ..�.. ParkingSpace Data. #ofetiistinn 1)acc �� es Load,n= Berth: Y....ew s No . ........._ [��ping Details pasting landscap � c e ��p ge /o Imposed l�u��ls �rp�� r�� '.. ..._.._._.�__.,. ..�._. . .._W_ e coverage: . m.. ..��..,._. .. .............. ...... �_ wetland area? Yes No Maybe Wetlands• Is this property wrtlun 500' o a w _ _....._ .. — I, the undersigned, certify that all the above information is true Signature of Preparer. Date 2 Site Flan Application Form 2,18 2010 r I 1 , ') _ 1 Tenedios managing member of fresh "co farm LLC, deposes a �` I �� a i�o� I"4. ii�; HC I, Steve g g and says that mT � he resides at 10 Cambridge Place, Englewood Cliffs NJ and that the LLC is the owner of property identified as SCTM: 1000-19-1-1.3 & 1.4 28410 Main Road, Orient, in the State of New York and hereby authorize Patricia C. Moore, Esq., to act as my agent and handle all necessary work involved with the site plan application process for this property with the Town of Southold Planning Board. fresh & co Farai L-(CI-I - 4 Steve Tenedir { ma6aging member �I Sworn to before me this Day of January, 2020 Notary Pubjf' � Notary Public, 'tatr„Of rzr 1,10, tt,j ZA'616;}8W f Town of Southold I W RP CONSIS°fENi CY ASS:F+SSM P, TT F 0 R M A. INSTRUCTIONS I All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A larol cr eel t'„ r will 1 e...e aN ated as. to its sig0ficilint l c.nel c, q z adverse efl'ects ul.oaa the cr ab area_(w ich inc kid s all of Sotuthold Towfl), 3, If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Tims each answer~ must be explained in detail, listing both. stir )ortilr SUDDorting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, It shall r1of 11e tun rtaken,. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#,�....�� -�................-m.._ _� j PROJECT NAME it:.: t c..� :f.. _ .a. The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board® Building Dept. ❑ Board of Trustees El I. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity, agency regulation, land transaction) El (b) Financial assistance(e.g_grant, loan, subsidy) (c) Permit, approval,license, certification: xtent of action Nature andre��t��.��:: .....__�� Location of action: G,�f 2 c Site acreage' -Z_ .......... ........ Present land use: Present zoning classification:, ............. 2. if an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: "F (a) Name of applicant: 4 (b) Mailing address: _rx-V �= "3 a. (c) Telephone number: Area Code (d) Application number,if any:..------- Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes El No IN If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST Po Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, snakes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III --Policies; Page 2 for evaluation criteria. F)]( Yes F-] No ❑ Not Applicable .......... ........ _1V .............. X ...................... �... �........ ........... .... ........................ ...... ................ ------------ ........................ ............. Attach additional sheetsif necessaxy Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes 1:1 No LI"Not Applicable ................... ----—--------- ...................... ........... ... ............. ........ ---------........... ........... ..................................... ............. ................ Attach ad&tion-al—sheets if necessary—'- Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI-Policies Pages 6 through 7 for evaluation criteria ZYes 0 No [:] Not Applicable 3:�: . ............... .......... ......------.................. Attach additional—sheeis"if—necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section HI-Policies Pages 8 through 16 for evaluation criteria F-I LA Yes D No E' Not Applicable ............... ............ -—------------------- ........................................................ ... .....—-— ---------- ............. ........ ................. ............ .... ...... ........ ......................................... .............................. .................. —-—----------- ......... additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI -Policies Pages 16 through 21 for evaluation criteria LJ Yes No Not Applicable .. ........................... ....... ................... .................. ..................... I'll,............ ....... ....................................... ....... .......... ............. ........ ..............--- - ............. ..... .................. ..................................................... . ................................... ................. ....... ........ ....................... . ............ .................... --------------- Attach-additional—sheets-if-necessary- Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI-Policies; Pages 22 through 32 for evaluation criteria. Ij Yes [ L _j No Not Applicable Attach additional sheetsrfnecessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III – Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable Attach additional sheets�'- n�-ecessa ry Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III–Policies; Pages 34 through 38 for evaluation criteria. Yes 1:1 No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III–Policies; Pages 38 through 46 for evaluation criteria. ". E. YesF NL-111.� ,1 Not Applicable _ — _....................- ..... -- Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section M-Policies; Pages 47 through 56 for evaluation criteria. F� Yes D No [":JJ Not Applicable ............... ......... ...... .......... ................. ................—.................................................................... . .......... Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. E] Yes0 No D"Not Applicable —---------...... ........................ -------------------... .......... ............... .............. ............... ........... ........ A�addilion al—sheets if ne,c"e_,, ss ary— Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section M-Policies; Pages 62 through 65 for evaluation criteria. Oyes D No D Not Applicable ............ ........................... ............... ....... ........................... ------ —----------- ....... ..... Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. Dyes L 1 No [_T'Not Applicable ............................... ...................... . ....................................... .................... .......... . ....... ..... ...... .................... ........... .......... ............ ..... ..................... --__-----...... ..... ..... ........... .. . .................... ............................. .. ...... ................................. ...... _- _.................................. ... ................................ ................................................ . ... ..................................... .....- . .. ................ --------- PREPARED BY .......... I Short it Assessment r Part 1 - Project Information ptist xrctiottt,1"ar l;t� t1�9 taa'� Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1—Project and t..b � a Sponsor Inforor matton Name of Action�QF, Co m LL 2 C �. Project:or Pro ect Location(describe, ...,.... ..._ —.. .. j ( scribe,and attach a location map): _ _2 �I ( 0 NSG 1'n Q(n cr c) , ( i Brief Description of Proposed...Act.„.. ... ....ion: .3(”, ), 1 q ' (.5-( 84 6-re-e►-xhour �o. V-0 p a5eX:�t On _.. _ — .,.. Name of Applicant or Sponsor: Telephone 91 10 — 7j-2 Q �r -A C :�v"(VI L L C- E-Mail �. .......... A(ddree . �._._._.__. . ss. _ ....m..................... ....__ City/P O State Zip Code Woact CAtT� o--r& -3 a- _ _... ... _ _m.... .. 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? —. ..... ..... If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that 1�7� may be affected in the municipality and proceed to Part 2. If no,continue to question 2. u proposed., ..._,__. ....w... .—.__.... .w �_................. ... .....NO YES....... 2. Does the action require a permit,approval or fundingfrom any oaEw .overnm�of 't��p n r y�? If Yes,list agency(s)name and permit or approval: Ny'5 E> - G a�da°.;;r.>e of the site o .... ft ..__ 3. a.Total ��.��.,. � to of the proposed action? b.Total acreage to be physically disturbed? �PS�i � Bet v� l acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .3 5_&res 4. Check all land uses that occur on,a re adjoining or near the proposed action: 5. El Urban 0 Rural(non-agriculture) El Industrial 0 Commercial 0 Residential(suburban) Forest Agriculture Aquatic 0 Other(Specify): Parkland ...-- ..._..... SEAF 2019 .......... ................................. .................... ... . ..................... 5. Is the proposed action, . NO YES N/A a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? F-1 El ..........-------- NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? I'll................. F-1 0 . ............. 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ................... NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? K�A Er c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed 0 El action? 9. -,"Does"t-h"e, proposed action meet or exceed the state energy code NO YES If the proposed action will exceed requirements,describe design feat�u'Q'and(cc inologies: ------- ............................. mm.__ EJ 1:1 i6Will"the"'prop-o"sed-action c-on,n e"ct'to an existing public/private water supply? NO YES If No,describe method for providing potable water: KIJA ................................. ............. ....... 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N).A ................... ........................... 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? . ................ .................. ----------- .......... . ........... 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO I YES wetlands or other waterbodies regulated by a federal,state or local agency? b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? F./_T 0 If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: (00 L ............-.1-111--, ........... . ........... ................ ...........-------------------- .... .......................... j,j .. o F � e typical habitat types t. __._..y project ........... 14. Identify the that occur on,or are likely to be found on the ro ect site.Check all that apply: ❑Shoreline ❑ Forest Agricultural/grasslands Early mid-successional Wetland ❑ Urban El Suburban 15. Does the site of the proposed action contain any species of animal or associated habitats,listed by the State or .......� NO YES Federal government as threatened or endangered? Er LJ ro ect site located in the 100- 16. Is theproject p j ycar flood plan? .NO YES [5 El 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES g p p If Yes, ❑ a. Will storm water discharges flow to adjacent properties? ET ❑._. b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? Il Yes briefly des dbe '(P2 (U a : .... " :.!v1— 1✓�J1 'G + !/t fA4(Q,cd 1:M...0-"1/4,......,.5 ... ._ 18. Does the proposed actron..., ... include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: - _i9. Has the site of the proposed action or an adjoining property been the location of an activeor closed solid waste -NO YES management facility? - If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES..... completed)for hazardous waste? If Yes,describe: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF Y KNOWLEDGE ��!! AppllcaEa�'spobss+7rl1z7rxte. Date: m .._—_..._,_._.__._..,...,... ......, Title..., , . �/ "�P,i,..��.,., .-. ..........._ ---___ PRINT FORM 1 Full Environmental Assessment Form j Part 1 -Project and Setting Instructions for Completing Part 1 a Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on informntion currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,geuetally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part lis accurate and complete. A.Project and Applicant/Sponsor Information. —...__ or �� ........m ._.� .. . _,.,� ,... Name of-Action Project: L LC Project Location(describe,and attach a general location map): Brief Description of Proposed Action(include purpose ...o_r_.._ne ed): 6 ` x y c-1 r c a CAS _c S,_.a__ ,._ .._ Name of Applicant/Sponsor: Telephone: e' 1 Mail yk ��..�.. .. m.__. . _ t C. O `��C f �' Q�@ i .. Address: c City _ .._. ...u.�o: State: .,_0 h" ProjectContact(if not sarAe ass onsor-,give name an t�le/ro—le): Telephone: .11� -A l� 1e l �" I E Mail _ H .... Address: � y .Ci 1P0��: � .,. ®.n. . ° State'. Zip Me c Property Owner (if not same as sponsor): Telephone � 1✓ Mnil: _. Address: _._ .. City1P0 State: Ztp Code __, .. ,® Page 1 of 13 FEAF 2019 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government EntityIf Yes;Identify _.y Agency and Approval(s) Application Date Required (Actual or projected) __1111.�... 1111 ....._......�..� ..� a.City Counsel,Town Board, ❑Yes❑No or City,TVillagelagc Board f Tru3tecs V�lown or .... m. �_ es � ............. b.Ci _.. .�.........� ..� 1111 ..� ❑No Planning Board or Commission c.Ci .._._ ❑Y.... City,Town or es❑No Village Zoning Board of Appeals d.Other local agencies m� - ❑Yes❑No e.Countya agencies C PC, . f.Regional agencies ❑Yes❑N o g. State agencies OYeS❑No '�D — i0 1Z h .... 11_11..._ .Federal age _ .. _ - _.._..._w. .�..... ncies ❑Yes❑No i. Ii.Coasal Istth project site within a Coastal Area,or the waterfront area of a Designated Inland Resources. I and Waterway? ❑N`c M 13"t ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? M'<c,431 p' iff. Is the project site within a Coastal Erosion Hazard Area? Fl`i"�_SCW"'u C.Planning and Zoning amendment of a plan,local law,ordinance, gu mm _.. C.I.Planning and zoning actions. Will administrative or legislative adoption,or rule or re lation be the l�`r e� o I only approval(s)which must be granted to enable the proposed action to proceed? If Yes,complete sections C,F and G. ® If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally adopted (city,town,village or county)comprehensive land use plan(s)include the site ' csON. 0 where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes❑No would be located? b.Is the site of the proposed action wrthm any local or region_ pecral Tannin district fore __1111 al s p g ( xample:Greenway; b.cs®No Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) l 4 e w ¢ I"', 1111.. _. If Yes,identify the plan(s): _1111,___ �.,..__ s... 1111..._ .......� .. ....... ......�..... c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑Ycs o1a or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Page 2 of 13 C.3. Zoning a. Is the site of thero osed action located in a municipality p p polity with an adopted zoning law or ordinance. esNo If Yes,what is the zoning classification(s)including any applicable overlay district? b. Is the use permitted or allowed by a special ectal or c. .. ...... onditional use permit? ❑Yes o _ . c.Is a zoning change requested as part of the proposed action? ❑Ye a4o If Yes, i.What is the proposed new zoning for the sites CA.Existing community services. hat school district is the project site located r r b.What police m project site? or other public protection forces serve the ro services serve the project ..... c.Which fire protection and emergency medical .. - __.e .. � . .. ... ect site? C��o ........ _..m d.What parks serve the project site? . D.Project Details D.I.Proposed and Potential Development a.What is the general nature of the proposed action _ (e.g.,residential,industrial,commercial,recreational;if mixed,include all components)? I v t(�.�zJ✓`Q b a Total acreage of the site of the proposed action? 'r (_— acres b.Total acreage to be physically disturbed? � acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? _ 3 Li - w acres W c.Is the proposed action an expansion of an existing project or use? _._.. ❑YCA' \�o i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units' d.Is the proposed action a subdivision or does it i p p include a subdivision? �'es❑,�� If Yes, i. Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) ii. Is a cluster/conservation layout proposed? ❑Ye iii.Number of lots proposed? iv, Minimum and maximum proposed lot sizes? Minimum Maximum e.Will ther�osed action be p op constructed in multiple phases. ❑'Yes❑f4o i. If No,anticipated period of construction: months ii. If Yes: ® Total number of phases anticipated Anticipated commencement date of phase I (including demolition) month year m Anticipated completion date of final phase month ear 0 Genei ally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 f.Does the project include new residential uses? In`i'r;lam° ,, If Yes,show numbers of units proposed. One Family Two Family Three Familv iwhzl un-te Familv four or more Initial Phase At completion of all phases g.Does the proposed action include new non-residential construction(including expansions)? ❑Yes ao If Yes, i.Total number of structures .. ii. Dimensions(in feet)of largest proposed structure: height; width; and length iii.Approximate extent of building space to be heated or cooled: square feet h.Does the proposed action include construction or other activities that will result in the impoundment of any []Yes " t o liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage? If Yes, i.Purpose of the impoundment: ii.If a water impoundment,the principal source of the water: ❑Groundwater❑Surface water streams ❑Other specify: X.If other than water,identify the type of impounded/contained liquids --._.�e,A,_...................�,m�,.�- and their source. iv.Approximate size of the proposed impoundment. Volume: million gallons;surface area: _ acres v.Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete); D.2. Project Operations a.Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? (Not including general site preparation,grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i.What is the purpose of the excavation or dredging? ii.How much material(including rock,earth sediments,etc.)is propos............. from ..� e - � (' g ed to be removed from the site? • Volume(specify tons or cubic yards): • Over what duration of time? iii.Describe nature and characteristics of materials to be excavated _ _... or dredged,and plans to use,manage or dispose of them. .Will there be onsite dewat. .........,_. .__ ��,. .,......... _ ..._. eying or processing of excavated materials. Yes Now If yes,describe. v.What is the total area to be dredged or or excavated? • . acres vi. What is the maximum area to be worked at any one time? acres vii.What would be the maximum depth of excavation or dredging? �.._. feet viii. Will the excavation require blasting? [❑Yes❑No ix. Summarize site reclamation goals and plan; __ . b.Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment Yes 1r„) into any existing wetland,waterbody,shoreline,beach or adjacent area? If Yes: L Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic description) Page 4 of 13 n. Describe how the proposed action would affect that waterbody or wetland,e.g.excavation,fill,placement of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres: j'- r. Q6 tH iii.Will the proposed action cause or result in disturbance to bottom sediments? � � � Yrs DD ,'o P P ❑ ❑ I L— iv.Will the proposed action cause or result in the destruction or removal of aquatic vegetation?_m._W O Y �.Serr If YPs: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project cornpletioii _. .m.` ......„ • purpose of proposed removal(e.g.beach clearing,invasive species control,boat access): • proposed method..,f _ of plant removal. • if chermcal/herbicide treatment will be ' used,specify product(s): v.Describe any proposed reclamation/mitigation following disturbance: . c.Will the proposed action use,or create a new demand for water? []Yes o If Yes: i.Total anticipated g n dP y er gallons/day H. proposedWill the action obtain from an existing pulic at supply? ❑Yes o If Yes: • Name of district or service area: • Does the existing Public water supply have capacity hto serve the proposal?osal?__.. ❑Yes❑No • Is the project site in the existing district? Yes❑No • Is expansion of the district needed? El Yes❑No • Do existing lines serve the project site? ❑Yes❑No iii. Will line extension within an existing district be necessary to supply the project? ❑Yes[]No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Is a new water supply district or service area proposed to be Source(s)ofpsuu Y ly£o • r the district: _ _—_._............�..� e mm. - .... �... _.._� p p formed to serve the project site? ❑Yes�t i If,Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated • Proposed source(s)of supply for new district: v. If a public water supply will not be used,describe plans to provide water supply for the project: vi.If water supply will be from wells(public or private),what is the maximum pumping capacity: �Y�nlonshiu / d.Will the proposed action generate liquid wastes? El Yes o If Yes: i. Total anticipated liquid waste generation per day: -............ _ gallons/day ii.Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if combination,describe all components and approximate volumes or proportions of each) iii. Will the proposed action use any existing public wastewater �t�� treatment 7 ___. �,,,,,,_ � o ' treatment facilities. Yes ��'1oA If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project?� Yes o • Is the project site in the existing district? ❑Yes❑No ® Is expansion of the district needed? Yes o Page 5 of 13 ............. F—• Do existing isting sewer lines serve the project site? [:]YesE]No '�l a • Will a line extension within an existing district be necessary to serve the project? ElyesE]No If Yes: • Describe extensions or capacity expansions proposed to serve this project:_ —-............. 'yc' iv. Will a new wastewaters treatment district be formed to serve the project site? If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: ........... --—--------------- • WliaL is [lie i eceiving water for the wastewater discharge? ................... v. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surface discharge or describe subsurface disposal plans): ....................... —------ vi. Describe any plans or designs to capture,recycle or reuse liquid waste: e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point E]YeSVIo sources(i.e. ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres(impervious surface) Square feet or _acres(parcel size) ii. Describe types of new point sources. ............... ---- —- iii. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? & If to surface waters, identify receiving water bodies or wetlands: - ----—-- ---- '-— -—-—- — - Will—storrnwat"er, runoff—flow to adjacent p-r--operties? E]YesE]No iv. Does the proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? El Yes[]No ............ f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel []YCSEJ, 'o combustion,waste incineration,or other processes or operations? If Yes,identify: i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) "I .......... ............... . . ..... ii. Stationary sources during construction(e.g,power generation,structural heating,batch plant,crushers) iii. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) .................... .................- ....... ............. g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, E]Yesol'No or Federal Clean Air Act Title TV or Title V Permit? If Yes: E Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet E]YesE]No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application,the project will generate7 1'ons/yeaT(short tons)of Carbon Dioxide(CO-,) • t ons/year(short tons)of Nitrous Oxide(N,O) • Tons/year(short tons)of Perfluorocarbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SF6) • —Tons"year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs) ---Tolls/year(short tons)of Hazardous Air Pollutants(HAPs) ........... ............................ ..................... Page 6 of 13 m.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, Yes 70 operation,or both? If yes: i. Provide details including sources,time of day and duration: ........... ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? El Yes E]No Describe:___ .. ........ ............. n.Will the proposed action have outdoor lighting? E]Yesoxo If yes: i. Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: ........................ .............. ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? Describe: ............. -- -------------------- ....... o.Does the proposed action have the potential to produce odors for more than one hour per day? El Y e s EZ PrO If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: .... .......... .............------ --—------- Yes V'40 p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s)to be stored.--.."111111---------.... ........... -------------.-,—. ...... ii. Volume(s)_ per unit time I I (e.g.,month,year) id. Generally,describe the proposed storage fi, - ....................... ............ ..........------ ...................................... .......................... ............------------- q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e-,herbicides, 0 Yes E]No insecticides)during construction or operation? -TOD If Yes: i.Describe proposed treatment(s): K,f.,�r L ............. .......... ---------------- ....... ............ ...... ......... ...__.......... ................ ii. Will the L�o �est Manag�!�icnl Practices? 0 Yes E]No r Will the proposed action(commercial or industrial projects only)involve or require the management or disposal C-] Yes [�LN() of solid waste(excluding hazardous materials)? If Yes: i. Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: tonsper__ ............._ (unit of time) • Operation: . ........ tons per......_ __.. (unit of time) ii. Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: Constiuctiom ............... ......................... ----------------—_.............................. ... ............ ....................................... ................................................... Operation: .................------ iii. Proposed disposal methods/facilities for solid waste generated on-site * Cori sty.uc�iun. ----—-— ___ " ............................................................ ............... ...................... ........... . ...................... * Operation: .. ....................................... ... ..................- .......................... .................. ..... ...................................... Page 8 of 13 s.Does the proposed action include construction or mod_ p p modification of a solid waste management facility? El Yes i �,'tr If Yes: i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal activities). ii. Anticipated rate of disposal/processing: • Tons/month,if transfer or other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment iii. If landfill,anticipated site life:� _ _ ,...,., _ _ .w Years t.Will the proposed action at the _ g g p site involve the commercial generation,treatment,storage,e or disposal of hazardous❑ye:, fo waste? Tf Yes 7 i.Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: ii. Generally describe processes or activities involving hazardous wastes or constituents: . m, iii. Specify amount to be handled or generated Specify g tons/month iv. Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents„ --. ,... v .Yes❑No Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? �_ _ _ If Yes:provide name and location of facility. If No: describe proposed management of any hazardous sent to a hazardous waste facility: wastes which will not be —.-w...m�. lity: E.Site and Setting of Proposed Action E.I.Land uses on and surrounding the project site a.Existing land uses. i. Check all uses that occur on,adjoining and near the project site. El Urban ❑ 1 xiustriai Commercial ❑ Residential(suburban) El Rural(non-farm) ❑ Forest ❑ tgricultnre El Aquatic ❑ Other(specify): .. . . ii. If mix of uses,generally describe: �. b.Land ....-..._. .. ... .,.m........ and uses and cove es on the project site. Land use er CuirAcreage .._ Acre.. _. e III Project (Acres+/ Change Cover �.__... ...,... _ ... ... e€ Completion Ares 1 age After ( ...... ,...) . ._. Roads, buildings,and otherpaved or impervious i rfaces ° • Forested Mcadows,grasslands or brushlands(non- F ` agricultural,including abandoned agricultural) r Agricultural ^I Uo includes chards, _ greenhouse etc.) active o �e • Surface water features • (lakes, ons streams, >etc_.)— Wetlands(freshwater orti z � l ® Non-vegetated(bare rock,earth or fill) • Other Describe: .A.. „ Page 9 of 13 c.Is the project site presently used by members of the community for public recreation? _. YC�13 a. Yes: explain m _. ...._ d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools, hospitals,licensed ❑'�''t�,.�❑' u(n day care centers,or group homes)within 1500 feet of the project site? If Yes, i. Identify Facilities: _..._ ... e. Does the project site contain an existing m? �n stin dam` ❑Yc^Y o If Yes: i.Dimensions of the dam and impoundment: • Dam height: m, feet • Dam length: feet • Surface area: ............ acres �..... ....w.....H.. e_ • Volume impounded: IT_ _mm gallons OR acre-feet ii. Dam's existing hazard classification: iii.Provide date and summarize results of last inspection: used as a municipal,commercial or industrial solid waste – m_ £Has the project site ever been �� – —° � �p management facility, ❑Ya>;, or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: i.Has the facility been formally closed? ElyesEl No • If yes,cite sources/documentation. ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: ' '"' "' ...a...... iai. any development constraints due to the prior solid waste activities:r - hazardous wastes been generated,treated and/or disposed of at the site,or does theprojectsite adjoin g.Have hazard g p p j I ❑`rc'"t.s - o property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: i.Describe waste(s)handled and waste management activities,including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any _ ❑y""�s " ` i� remedial actions been conducted at or adjacent to the proposed site? If Yes: i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No Remediation database? Check all that apply: El Yes–Spills Incidents database Provide DEC ID number(s): ........ ❑ Yes–Environmental Site Remediation database Provide DEC ID number(s) El Neither database ii.If site has been subject of RCRA corrcctive activities,describe control measures: � :u. Is the project within........_ _ .,,,,. ........ ......._ ..... --- 2000 feet of any site in the NYSDEC Environmental Site Remediation database? Yes No If yes,provide DEC ID number(s) iv. If yes to(i),(ii)or(iii)above,desca ibe cudient status of site(s): Page 10 of 13 v. Is the project site subject to an institutional control limitin roe uses �� —.-_- ... g p p rty Yes❑No ® If yes,DEC site ID number: _ • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: .ry .. ...� • Describe Y engineering . ng.. a Will the project affect the institutional onal9r engineering place? es No.. _ • Explain:._.._ a �Ct :'"wt .w ,_ �. ... _. E.2. Natural Resources On or Near Project Site a.What is the..average depth to bedrock on the project site? feet b.Are ck ngs on the If Yes,whatb proportion the site s comprised of bedrock outcroppings? m,_........ .. project site? E]Y°es[:9. i) p p � � P . ,... .�.. ..._ _......... _Predominant._._— . „ ...................... —.. — ... c. soil type(s)present on project site: d.What i � �,..... � _. s the average depth to the water table on the project site. Average: e / feet _._..... e.Drainage status of project site soils:B'W�ell Drained: %%of site ❑ Moderately Well Drained: %of site Poorly Drained __%of site _ _ — f.Approximate proportion of proposed action site with slopes: - -1 0%. %of site El 10-15%: %of site 15%or greater: %of site g.Are there any unique nique eolo is features on the project site? ❑Yes2f�o If Yes,describe: ..__ h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, Yes No ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? es No If Yes to either i or ii,continue. If No,skip to E.21 iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, Yes o state or local agency? iv. For each identified regulated wetland and waterbody on the project site,provide the following information: • Streams: Naive_ a i f Classification —T,aoj a Lakes or Ponds: Name Classification T:v k W•+ Wetlands. Name Approximate Size I �I� 'y ....... v. Are an of the above water bodies listed n the m............ ....., mpila......_..... Wetland No. if re lated b DEC y recent compilation of NYS water quality-impaired El Yes o waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i.Is th....... _ __. ,...,. . .m..._. ..............n__. ..... ...... . project Y7 ❑Ycs o ..., ... e ro ect site in a designated Floodwa _Is the project site in the 100 ear Floodplain? Ye...., .._. j. p j y p s 2<0 k.Is the project site i11-11 11111-11 500-year Flood lain? -- ”` -- - ......._.N p s o .. __ _.._.. ...... ... ...... . .... -.___........., ,. _ 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? �r�es No j If Yes: i Name of aquifer: Page 11 of 13 in. Identify the predominant wildlife species that occupy or use the project site,. ......... ...... ........... .......... n.Does the project site contain a designated significant natural community? Yes9l'" If Yes: i.Describe the habitat/community(composition,function,and basis for designation) -—------------ ............ ii. Source(s)of description or evaluation: —-------------------- —---------- - ------- W.Extcnt of community/habitat: • Currently: ................---- acres • Following completion of project as proposed: ...................................._ acres • Gain or loss(indicate+or .......... acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as -Y-�,, < endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing(endangered or threatened):___ ..................... ......................................... .......... ........................ p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of N,C SERK o special concern? If Yes: i. Species and listing�---- .......... .......... .......... q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? OYes L, Io If yes,give a brief description of how the proposed action may affect that use'. ........... .............. ............ ......... .............. ............... ..........................111-1-———--—------------------------------------------ ............. E.3. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district cc ified"pursu"ant to............... Agriculture and Markets Law,Article 25-AA,Si.,�cl icio 303 and 304? 1 If Yes, provide county plus district name/number: A D cc"o4, b.Are agricultural lands consisting of highly productive soils present? i. If Yes:acreage(s)on project site? ...................... ........... ................... ii. Source(s)of soil rating(s): . .......... ............ .......... ................... ----------------- ..... .... ..... c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ElYe s 19 Ko Natural Landmark? If Yes: i. Nature of the natural landmark: E]Biological Community E] Geological Feature U. Provide brief description of landmark,including values behind designation and approximate size/extent: ...............................................--- ------------ ................ ........ .. ................... ... ................. 111,111,11,. ................................... ............. ................. ........ . ..... ...... d.Is the project site located in or does it adjoin a state listed Critical Enviromnental Area? ElYCISE91�4,0 If Yes: i. CEA name: ii. Basis for designation: .......... ............. iii. Designating agency and date: . ................. ............... ................. --------- ............... ............ ..................... ............ Page 12 of 13 ..................... e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district '40 which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i.Nature of historic/archaeological resource: ElArchaeological Site E]Historic Building or District ii.Name: iff.Brief description of attributes on which listing is based: ............... ...........--................. .................... f Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for 0 archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? . .................. g.Have additional archaeological or historic site(s)or resources been identified on the project site. If Yes: i.Describe possible resource(s); ii. Basis for identification: ............. ------------- -——------------- h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ElyesM, o scenic or aesthetic resource? If Yes: i. Identify resource: ii.Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.).- iii. Distance between project and resourcc° ...................... - miles. ............. ....� - i. Is the roject site located w ..... ----- pithin a designated river corridor under the Wild, Scenic and Recreational Rivers M YCI[TU Program 6 NYCRR 666? If Yes: L Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? []YesE]No ---.................... ................... .............. ........ ....... ...... F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Date �7 -------..... Siwature Title ........... Page 13 of 13 r 1 . APPLICANT'S AFFIDAVIT APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK M t l',rillg Ch ly sworn,deposes and says that he res.ide� at int :nue _. .. State of New York and that he is the owner of rope 'located at ` o ya "�t a,: u diat lug :is the (Title) (Specify Partnership .��..�r�k�tIl�u"�_ a x �or Co Titl..._.__ whether ..... _. .... .Corp.) .... and said Corporation is the owner of the above property, which is hereby making a Site Plan application;that there are not existing structures or improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights-of-way,has been clearly established and is shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted€yythlat.-ining Board for the filing of Site Plans and will comply with same; that the plans as approved,will not be alter or changed in any manner without the approval of 1). sl ll Board, and that the actual physical improvements will be installed in strict acc�� l'lM-4 l�r<3tc I)JO uss z�j proved by the Planning Boards ;i ped ° Partner or Corporate f icci,and Title) Sworn to me this day of Nkltai y Public Southold Planilln Department Applicant Transactional isclos re Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. �� r Last,First,Huddle initial ryl U_`�...- n.., Your iC�lara:�e: � �' ;� 9 _ � unless you are applying in the name ofsomeone else or other entity,such as a company. Ifso, indicate the other person's or company's name. Nature of Application: (Check all that apply) Subdivision or Re-subdivision Site Plan Other(Please name other activity) Do you personally(or through your company,spouse,sibling,parent or child)have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes No If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A througb D and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C.an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: Ssillorninc d this Disclosure Foy7n. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex a:A QF S f _ P.O. Box 1179 54375 State Route 25 l( ✓ � Southold, NY 11971. (cor. Main Rd. &Youngs Ave.) G ? a Telephone: 631 765-1938 Southold, NY S ' www.southoldtown ny.gov � NTV PLANNING BOARD OFFICE TOWN OF SOUTHOLD IFI f ,p MEMORANDUM To; Accounting From: Planning Department Date: January 16, 2020 Re: Check Please deposit the attached check into B691: Deferred Revenue. Fee is for a Site Plan Application not yet accepted by the Planning Board. Applicant/Project Name & Type Tax Map # Amount Check Date/No. Tenedios 19-1-1.4 $500.00 1/7/20 -#0000267 Amended Site Plan Application (2) 19-1-1.3 Patricia Moore, Esq. JAM Att.. FRESH & CO FARM 'VALLEY NATIONAL BANK 130 W 37TH STREEET ISG ARK AVa �� c��;p 0000267 7 NEW YORK NEW YORK 10018 212-983-7474 1/7/2020 PAY rc?'rtxw: Town of Southold "$500.00 C 9w1lER OF IRve Hundr ed and 00/1(�(a ..' DOI-LARS9 r Town of Southold 53095 Route 25 PO Box 1409 { G Southold, NY 11971-0499 SECURITY FEATURES INCLUDED.DETAILS ON RACK �e 1111000000 26 To 1:0 2 1 20 L 313 31: 4 L 9 2 3a L 2ii° w. _. From: Ambriel Floyd Bostic <ambrielfloyd@gmail.com> Sent: Monday, October 19, 2020 12:58 PM T ;pr 2()20 To: Lanza, Heather 'I f Cc: Reed Super sm tahoia. l'own Subject: Fwd: Fresh&Co Farm 1-4738-03952/00003 a 9 r ...... „ . ,�.......nnin Boa.._.. _ ...._a Attachments: Response to Comments FRESH &CO 2019.docx; 3050_001.pdf, 3049_001.pdf Dear IIeather, Thank you for taking the time to speak with me last week. I am hoping to clarify a couple of points I brought up during our discussion and am attaching here a few things from the New York State Department of Environmental Conservation. One of the letters is a response to public comment and one of the letters outlines conditions under which DEC issued a permit. There are two things here that concern me as a matter of compliance. I think even a quick read of the DEC conditions makes it obvious Tenedios is not following best practices as outlined in the letter. 1. As Pat Moore discussed in the public hearing, Tenedios is applying manure to crops. In the letter addressing public comment, the DEC writes: "However, the applicant has indicated that all manure and animal bedding from the barn will be collected and removed from the site. Special condition #9 of the DEC Permit states that all manure piles and used livestock bedding must be kept a minimum of 100 feet from any freshwater or tidal wetlands and must be prevented from entering the wetland or surface waters." 2. DEC requires vegetated buffers along wetlands to be fenced in so that animals may not graze in the areas where buffers are to be cultivated. It is my understanding the fencing needs to keep animals away from the buffers and the buffers need to be a particular distance from wetlands. (I believe the planning board gave different distances than DEC.) It is not clear to me that the fencing on the property addresses that requirement fully. In particular, it is not clear there is a large enough buffer near the culverts (during high tides and storms much of the land near culverts is under water), the inland wetland areas, and I do not believe there is a large enough buffer at the parameter of the property by Narrow River Road. Please review the DEC documents attached. I suppose that to grant any change to the plan DEC approved, Tenedios would need to go back to the DEC with the new location. I can't imagine moving forward without taking that step. In a separate email, I will send some photos that show, very clearly, how much this property is a part of the natural tidal flow of Narrow River. Please also refer to these photos when considering whether or not the current landowner has upheld best practices. I am writing on behalf of a grassroots organization called Friends of Narrow River, as well as my husband and myself. Thank you for taking the time to read through the attached documents and consider my email. I will follow up with another email and attach photos. Warmly, Ambriel Floyd Bostic ---------- Forwarded message --------- From: Reed Super<r-P ed(& superlawgr0L1P,-C.01T1? From: Ackerman, Sue (DEC) <sg' 1�e ac e�r maii(Lvde...c.ny.ggv> Date: Tue, May 7, 2019 at 8:25 AM Subject: Fresh&Co Farm 1-4738-03952/00003 To: !i-L(1cd �Lt qLiper1aNvgrp11V-bo_rn �Yalqwlxm> Thank you for taking the time to meet with DEC staff to discuss your concerns related to the permit referenced above. As you can see from the attached Response to Comments, the department has made an effort to incorporate the concerns expressed by you and others into the permit. A copy of the permit and approved plan is also enclosed for your information. Thank you for your involvement. Susan Ackerman Regional Permit Administrator NYSDEC—Region I Division of Environmental Permits eu UW M V`Wl Rflftl Doi'�)artaieraof Eiii viraturwntal Cotiservation ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. From: Carol Morton <cmorton165@gmail.com> Sent: Monday, October 19, 2020 3:15 PM To: Lanza, Heather Subject: [SPAM] - Tenedios Property Hearing Carol Morton 495 North Sea Drive Orient, NY 11957 October 18, 2020 Heather M. Lanza, AICP Planning Director Southold Town Dear Heather, Back when the Tenedios Barn was originally proposed, I wrote to you expressing my concern about the size of the "Barn" and its location so close to the headwaters of Narrow River and Hallocks Bay. As a part-time resident of Orient for the past 35 years, and a long time Long Islander (born and raised in Sayville) understand the importance of the waters surrounding us to the lives we lead, in so many ways. Quite honestly, when I saw that no large building had begun on the property during the spring season I thought perhaps the Tenedios owners had abandoned their plan since the pandemic had temporarily shuttered their shops in New York City. What would happen to a 9000 square foot building should Tenedios go out of business? Would the Orient community be left looking at an empty building that would not easily be converted to another use and instead become an eyesore? To sit empty like the Oyster Factory on the Harbor in East Marion? I've been opposed to a giant structure to house animals since it was proposed two years ago. The location at the headwaters of Narrow River is just so environmentally sensitive that it makes no sense to have animals or any heavy nitrogen producing business located at that property. Please deny their permit to move and/or build the "Barn". Thank you for your attention to my input on this matter. Sincerely, Carol DeGraff Morton cmorton1654� mail.com NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 SUNY 1,41 Stony Brook,50 Circle Road,Stony Brook,NY 11790 P:(631)444-0365 1 F:(631)444-0360 WWW d PC ny,gov Response to Comments Received May 1, 2019 Interested Party Re: Fresh & Co Farm LLC 28410 Main Road (Route 25) Orient, Suffolk County Construction of new barn and green house Notice of Complete Application NYSDEC # 1-4738-03952/00003 Dear Interested Party: Thank you very much for your interest in the ground and surface water resources of the State of New York and specifically those in the Hamlet of Orient,Narrow River and Hallocks Bay. This project involves the construction of a new barn and greenhouse on the parcel listed above. The principal use of the 34 acre site has been farming for many years and currently it is an Agricultural Development Rights Restricted Parcel which can only be used for agriculture. The New York State Department of Environmental Conservation (DEC) has jurisdiction under the Environmental Conservation Law of New York, specifically Article 25, Tidal Wetlands Act. Please note that DEC does not regulate these activities under the Article 24, Freshwater Wetlands because 6NYCRR Part 663.4(d)(9) states that"Conducting an agricultural activity, as defined in the act or section 663.2 of this part is listed as an exempt activity." In addition, this action is a Type 11 Action under the State Environmental Quality Review Act in accordance with 6NYCRR Part 617.5(4). We have received comments from many parties with regard to this proposal. The comments centered around concern that the permitting of these structures may increase the number of animals at the farm and if careful animal husbandry practices are not followed there could be impacts to local water resources. After careful review of the application, DEC finds that many issues of concern are addressed in both the permit application and in the DEC Permit: 1. The plans submitted by the applicant and approved by DEC show that care will be taken to direct roof runoff from both new structures to groundwater. These storm drainage systems are designed to absorb stormwater in the vicinity of the structures and minimize pooling of stormwater and runoff toward the wetlands. 6" tlrtryrsit Departraciftof ....... EnvironrnentM Conservation 2. The comments received include concerns about controlling manure from the animals at the farm and possible adverse impacts to water quality. DEC wetland regulations do not regulate the number or kinds of animals which can be kept at the farm. However, the applicant has indicated that all manure and animal bedding from the barn will be collected and removed from the site. Special condition#9 of the DEC Permit states that all manure piles and used livestock bedding must be kept a minimum of 100 feet from any freshwater or tidal wetlands and must be prevented from entering the wetland or surface waters. 3. In addition, the plans show buffer areas around the wetlands. Special condition#11 of the DEC Permit states that buffer areas must be fenced to prevent livestock from grazing in these areas. This will prevent manure from being deposited near the wetlands. A copy of the permit and the approved plan has been enclosed with this letter for your information. We hope that this letter adequately explains our position and assures you that we are vigilant in our responsibility to protect the water resources of the Hamlet of Orient. Thank you again for your interest. Sincerely, Susan Ackerman Regional Permit Administrator Cc: NEW YORK, STATE DIEF%F4 W WEINT OF CONSEEwmiON DWWon of EnOonmental Perm fts�Reg6on I SUNY @0 Stony Brook,50 Orde Road,Stony Brook,NY 11790 R(631)444-03651 F:(631)444-0360 www.cdpc,ny.gov May 1, 2019 Fresh & Co. Farm LLC 315 Madison Ave., RM 1501 New York, NY 10017 Re: Permit No. 1-4738-03952/00003 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit for the referenced activity. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather and a Notice of Commencement/Completion of Construction. Please note, the permit sign and Notice of Commencement/Completion of Construction form are sent to either the permittee or the facility application contact, not both. Si x'jrely, ,1/ Susan V. Ackerman Regional Permit Administrator SVA/Ils .a «ei.StwwlPrtroil'U'1L¢VuaiC�� CanscivaUon �41111111%. NEW YORK ST "FE, oil FIA NIRONMENTM,CO3NS[,A1VA'1H0N Re" �°nllcag DEVID 0-"4738-039,5 PERMIT Under the Environmental Conservation Law (11v'lq[...A) Permittee and Facility Information Permit Issued To: Facility: FREi'SH&COFARM I,I,C FRESHOFARM, Ll.,C PROPERTY 315 MADISON AVE R.M 1501 28410 MAIN RD (RTE 25) @ NARROW RIVER. RDISCTM# 1000-19-1-13 & 1.4 NEW YORK,NrY 10017 ORIENT, NY 11957 Facility Application Contact- PATRICIA C MOORE 51020 MArN RD SOUTf 10.LD,NY 11971 (631) '1'65-4330 Facility Location. in SOUTI-101,1) in SUFFOIX COUNTY Village: Orient Facility Principal.Reference Point: NYTM--E728.089 NYTM-N: 4558.869 1,atitude� 41'08'56.7" 1,ongilude: 72'16'55.0" Project-Location: 28410 Main Road Authorized Activity: Construction of a new barn, dirt,road and greenhouse in conformance with the attached planus prepared by Jeffrey T. Butler dated 3-22 2017 and last revised 3-21-2019 (sheets I &2) and stamped N YSDEC approved on May 1, 2019. Note- No permit is necessary under Freshwater wetlands 6NYCRR Part. 663.4(4)(9) "Conducting an agricultural activity, as defined in the act or section 663.2 of this Part" is listed as an exempt activity. Part 663.2(c)(ix) "erecting structures, including fences, required to enhance or maintain the agricultural productivity of the land".. Perm it .A utho riza tions 114dal Wetlantis Under Article 25 lle,rmitfl") 1...4-738...0:3952 000113 New 11enrit Elfeclive, Datc5/1/2019 E'xpira.tion [)atre: 4/30,?o?�,; ue ------------—-------- PaI of 6 P., Ah awd NEW YORK,STATE DET)AR'rw,, 'T 0m+ElVVIRO:tilM]E N'll'Al.,CONSERVA'r[ON 'war Facility DEC 11) 1-4738-03952 ... _.e... . _ _ . NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strut compliance with the ECL, allapplicable regulations, and all conditions incc as part oft is permit. Permit Administrator-. SUSAN ACKERMAN, Regional Permit Administrator Address: NYSDEC Region 1 Headquarters SUNY e@ Stony Bron I50 Circle Rd Storey Brook,]DIY 117 pIp ®3409 Authorized Si .at ee ate �/ . ... ...., _.... C)istri...., ..- Distribution List PATRICIA C. MOCRE Marine Habitat itat Protection SUSAN ACKERMAN Permit Components ....................------I.",--- ------- ................ NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALI., Al..).]CI-1O IZED PERMITS NOTIFICATION OF' OTHER D ISE, FIFTEE 0131.1G"TIONS pp�y to t he Following�m r its: TIDAL WETLANDS m. Post Permit Sign The prermmtit sign enclosed.with this permit shall lace posted in as conspicuous location on dae worksite said adequately protected from gime weather. 2„ Notice of Commencement Al least 48 hours prior to commencement of the project, the permittee and contrat;tor shall sign airud rett_arn,the toper portion of the eraclo'sed. fiorni (;ertilying t.Itaat they are £au.11y aware of and understand all tc.rrns and conditions of this pmerffi,.it. Wi0iin 30 days of completion oI"project,the bottom portion of[lie Iaut°rn t.aaust also lay s.i.l;taed.and returned, along with..photo .raphs of the completed work, I No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed front the adjacent area (upland)and removed to an approved upland area 11a.r disposal, .I,�o debris is pen-nit.ted in we:tL::tt ds and/or protected bul'fL•areas, 11'ag sal,ti A& gafto NEW YORK STATE DEPARTMINT OF ENVIRONMTNTA111,CONSERVATION 1VXW Facility IDEC ID 1 A7;]8...03952 4. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the pen-nitted activities. 5® Storage of Equipment,Materials 'rho storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary, 6® No Unauthorized Fill No fill or backfill is authorize d by this permit without further written approval from the department(permit,modification, amendment). 7® Install,Maintain Erosion Controls Necessary erosion control measures, i.e., straw bales, silt fencing, etc., are to be placed on the downslope edge of any disturbed area. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established. 8. Maintain Erosion Controls All erosion control devices shall be maintained in good and functional condition until the project has been completed and the area has been stabilized. 9® Restrictions All manure piles and used livestock bedding must be kep a minimum of 100' from any freshwater or tidal wetland areas and must be prevented from entering wetlands or surface waters, 10. Seeding Existing cleared/disturbed areas within the "vegetated buffer" areas, asshown on approved plans, should be seeded with a native seed mix and allowed to revert to natural. Buffers may be mowed once a year. 11® Buffers Buffers shall be fenced so as to prevent livestock from grazing in them. 12® State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3® to May Order Removal or Alteration of or If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State,the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if,upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification oft e watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such tirne and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State ofNew York on account of any such removal or alteration, Page 3 of ti NEW YORK.s,rATT DEPARTMEN'r OF ENVIR()NM ENTAL CONSEIRVATION Facifity DEC ID 1 4738..03952 14® State May Require Site Restoration If upon the expiration or revocation of this permit,the project hereby authorized has not been completed,the applicant shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 5® Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent asp of the permit application. Such approved plans were prepared by Jeffrey T. Butler 3-222017, last revised 3-21-2019 (sheets I &2) and stamped NYSDEC approved on May 1, 2019. 16. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings,paints, concrete,leachate or any other environmentally deleterious materials associated with the project. GENERAL CONDITIONS - Apply[ to ALL Authorized Permits:.......................................................——-----------—--------------------- 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Enviromnental Conservation(the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71® 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit, 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in Such order or determination. Page 4 of 6 AM WAM90 NEW VORK STATE ]DEPARTMENT OFENVIRONNIENTAL CONSIII�',RVAIIIION IqW Facifity DECID 1...4738-0395 , 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental inforination the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC Region I Headquarters SUNY (�D Stony Brook150 Circle Rd Stony Brook, NYI 1790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information ora material change in environmental conditions,relevant technology or applicable law or regulations since the issuance of the existing permit; c. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Enviromnental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 5 of6 AM Emma NEW ORK.STATE D➢C:PRTiMEI° T OF ENVAIRONM N-TALe C'ONSERvA"IFION Facilky DEC, tit t...47 --03952 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS - --- �. ®.... ..._.— Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, d agents ("DEC") for all claims, suits, actions, and damages,to the extent attributable to the permittee's acts or omissions in connection with the pe ittee's undertaking of activities in connection with, or operation and maintenance of,the facility or facilities authorized by the perniit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item tee's Contractors to Comply with e i The pe iittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the pe ittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way ights-ofway that may be required to carry out the activities that are authorized by this permit. Item o Right to Trespass or Interfere with RiparianRights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perforin the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Pale 6 of 6 tLQ1lCE OF COMMENCEMENT OF CONSTRQCT�ON RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 Bureau of Marine Habitat Protection-NYSDEC 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER: ....... .. _..........-m.�..._ . .. .-...... .... EXPIRATION DATE:. PERMITTEENAME&PROJECT ADDRESS:�_�_ ..__ ... .._. .....� ........................... ......_.....- .._m._...._..... ................................................................. ................WW..WW.... CONTRACTOR NAME&ADDRESS: .. mm ................ _. . .. .... _ w__..,,,,n __ .. TELEPHONE: Dear Sir: n..w.. Purspant to the special conditions of the referenced permit,you are hereby notified that the authorized activity shall commence on We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans We can do so in full compliance with all plan notes and permit conditions.The permit,permit sign, and approved plans will be available at the site for inspection in accordance with General Condition No. 1. (Both signatures required) PERMITEE: DKf'F:. CONTRACTOR: 11111111111DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND/OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE,POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line X X X X X X X NOTICE- OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE �� Or Fax to: 631-444-0297 Bureau of Marine Habitat Protection-NYSDEC AM 50 Circle Rd. dftgo Stony Brook, NY 11790-3409 PERMIT NUMBER: EXPIRATION DATE: PERMITTEE NAME&PROJECT ADDRESS: CONTRACTOR NAME&ADDRESS: TELEPHONE: Pursuant to special conditions of the referenced permit,you are hereby notified that the authorized activity was completed on „....._�,„ We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PFRMITFF DAIT CONTRACTOR: DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY,AS APPROPRIATE, MUST BE SENT TO THE ABO VE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. u 4a E En 0 Iv L._ Wa w EL Homo, 0 m m L E- > u 0 E w I- Li a) E a) fu fu 0 E UJ CLw -w UJ ILL z z 4- 0 :Lj 0 c I CI Ol From: Ambriel Floyd Bostic <ambrielfloyd@gmail.com> Sent: Monday, October 19, 2020 1:59 PM RECEIVED To: Lanza, Heather M..__.e...........- -.. ..:..... ....��°:.. Cc: Reed Super Subject: Fwd:Tenedious Photos (Compilation) a l� 2l Attachments: IMG_1693.mov 6t,d l� -oll tl OMI Nau°ining Board Dear Heather, I beleive you have these photos on file from earlier emails, but I wanted to resend just a few for the planning board to consdier when reviewing the current Tenedios application. I hope viewing examples of water flow into the property, very near where animals live and where, in theory, manure is placed on crops, convinces members to further consider the conditions set forth by the DEC and whether or note the applicant is meeting those conditions. I would also hope the photos remind everyone making decisions about the future of this area how very closely linked it is to Narrow River. Please share with the committee. Thank you, Ambriel Bostic October 12, 2019- These photos were forwarded to the planning board, I believe. They show the easy flow of water from teh Tenedios property to Narrow River. /iii 1 � ir. 'A'TM �f"f1 A fpm4 6p o� January 21st 2019- The attached photos and a video were forwarded to the planning board at the time. In them, as in others taken over the course of the last year, you can see water from the Tenedios property crossing over Narrow River Road and flowing into Narrow River directly. Please note the area around the cluvert has a good amount of standing well into the property and close to fencing. The attached movie also shows transfer of water at the border of the property near Main Road. u^ y k 4 � i uu» 6,7^ T; � � f✓ �,, � ,� n ✓�� I � r� rl , vii/j%/'� v r l ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. From: Barbara Friedman <barbara@weilfriedmanarchitects.com> Sent: Monday, October 19, 2020 7:52 AM To: Lanza, Heather r Subject: Tenedios Barn l fol Z0, 0 Fl old'vown Dear Ms. Lanza, . Planning Ocard.... . _. We continue to be concerned about the construction of the large barn on the Tenedios property (SCTM 1000- 19-2,3 &12.2). The increase in livestock associated with this structure poses a threat to the health of Narrow River and Hallocks Bay. This site is too close, and its elevation too low to prevent significant amounts of animal waste from being washed into the river and bay in a storm surge or flood. This river and bay are important natural resources that must be protected. Regards, Barbara Friedman and Josh Nefsky 835 Halyoke Avenue PO Box 11 Orient,NY 11957 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. From: Helen Hooke <helenhooke@gmail.com> Sent: Friday, October 16, 2020 3:42 PM To: Lanza, Heather; pcmoore@mooreattys.com Cc: Colleen McDonough;John Sabatino; Linda Sabatino; Chiqui Cartagena;Jennifer Knight Subject: The Tenedios Barn Project on Narrow River Road Attachments: 20201016 response of adjoining property owners re Tenedios Farm proposal.pdf Re: Teiiedius Farm SCTM: 1000-19-1-1.4 28410 NYS Route 25 s/w corner of Narrow River Road & Route 25, Orient 1 GC ) From: o °oil T ,�c ...�1 PlannMg Board • Colleen McDonough and Helen Hooke - 27752 Main Road, Orient • Maria Cartagena and Jennifer Knight - 27754 Main Road, Orient • John and Linda Sabatino - 27756 Main Road, Orient October 16, 2020 The attached letter is signed by all property owners living on Main Road (our homes are on the road designated as Robin Road) with property adjoining the Tenedios Farm owned by Fresh Farms LLC. This letter is our response to the comments of the Planning Board and Ms. Moore at the October 5 Planning Board Meeting. We have restated our requests, taking those comments into account. As we have the right to be heard, this letter should be made public and our concerns shared with the Planning Board. We want these points to be seriously considered by the Farm, and we ask for a response to each of our 6 requests concerning the barn proposal. Sincerely yours, Helen Hooke ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. October 15,2020 Town of Southold Planning Board 54375 Main Road P.O. Box 1179 Southold,NY 11971 Patricia Moore, Attorney for Tenedios Farm Dear Planning Board and Ms. Moore, We are the neighboring property owners living on Robin Road,Orient,adjoining the Tenedios property owned by Fresh Farms LLC on Main Road,Orient. We received the certified letter from Patricia Moore informing us of the Planning Board's intention to move the Tenedios barn several hundred feet closer to all of our properties,and we heard her responses to our requests at the October 5 Open Planning Board Meeting. We would like to clarify and restate our requests based on her responses. A very important consideration in all of this is that we are all neighbors,living together on the land, which will,with our good stewardship,survive much longer than we do. So,even though farmers enjoy rules which allow them to build and farm much closer to wetlands,they must still know that they,as well as us,are responsible for the maintenance of our ecosystem,and the beauty and diversity of it. They, as well as us,depend on fresh,clean water,and on the fresh air that the ocean breezes bring us all. They,as well as us,are vulnerable to floods and hurricanes. The wetlands protect us all in the event of a hurricane,and they protect us now from fouling of the fragile Bays that nurture our valuable fishing and shellfish industries. Taking those things into consideration,we realize the importance of good will among us. The Robin Road neighbors of the Tenedios expansion have requests,with the intent of co-existing peacefully and in a sustainable way with the multitude of proposed activities of the"Farm". Regardless of official rules to enforce our requests,we ask the owners of the farm to do the things we ask,so that we can all enjoy a future of sustainability,safety,and good will. 1. With that in mind,we request that a tall border of native Eastern Red Cedar trees be planted on Tenedios property between the fence and the barn, along the line labeled "Vegetated Border". There are currently only a few lone deciduous trees inside the fence in the area that is labeled as"Vegetated Buffer.".The actual vegetation on the survey labeled as "Vegetated Border,"exists only on the other side of the fence, (invasive non-natives like Willows,privet and locusts,covered with vines,climbing roses and Mile-a-minute which will eventually kill the trees;and spreading Japanese Knotweed),and they all die back in the winter, giving the neighbors unobstructed views of the huge new barn so close to them. This new planting would be a very nice gesture of good will on the part of the property owner and would be relatively inexpensive. 2. We request that any lighting on the barn comply with existing regulations concerning dark sky lighting. Currently there is lighting on the existing greenhouse and on the chicken house shining 24 hours a day which is not compliant with dark sky lighting rules. Ms. Moore indicated that the Farm will correct this oversight with current lighting and install covers on the lighting surrounding the barn, so that we don't have bright lights shining in our windows all night the way we do now. We thank you for that. 3. We request that the turn-around area currently designated at the end of the driveway touching on the corner of the wetland not be used for parking vehicles,but that any parking of farm, worker or visitor vehicles be limited to areas close to the egress road. A parking area,with its associated leakage of oils and toxic materials,should be as far away as possible from homes with wells in an area with a very shallow water table and from the designated wetlands. In fact, parking should be far away from wells that supply water for the animals being raised. 4. We would like the town to require that housings be installed to muffle the very loud noises created by the water pumps for wells,currently for irrigation,and in future for water for the animals, on the Tenedios property.These are now near the wetland pond(which by the way is inaccurately represented on the survey)and near the greenhouse. We don't know where any new wells would be located. The neighboring properties constantly endure the deafening sounds of these loud above-ground motors all day along often until 7 PM at night. There is a simple fix—install a muffler or a housing baffle. This could lessen the significant disturbance to the neighbors, and would be a very important indication of the Farm's good will toward us. 5. We request that animal waste be removed frequently,and more frequently if more animals are brought in than are presently on the location. Some of us already smell animal waste from the chicken house which is hundreds more feet away from us. Although Ms.Moore indicated that animal waste is regularly removed from the current operation, a 9,000 square foot barn is HUGE compared to what is happening currently. We are asking that animal waste be stored as far as possible from our homes and from the fresh water and salt water wetlands on our neighboring properties, and removed more frequently,in proportion to the increase in the number of animals being raised. Animal waste left on the ground in any quantity could foul our wetlands and our Bays in the twinkle of an eye,which would impact the fishing and shellfishing industry and the recreational industry which brings many summer visitors to the area. Please be conscious of this in your planning of use of the barn,as it could impact us all greatly. I heard a representative of Tenedios declare at a Town Meeting that the urine of animals who are pastured in the fields at Tenedios would"evaporate" You really have to be kidding if you believe this is what happens to most of it. We are basically living on a sandy loam beach here and drainage is super good, which is why the Town is asking people to replace their septic systems at great expense. Why would there be no attention to protecting the Bays from the effect of animal waste which isn't processed at all? Frequent removal is absolutely necessary for so many reasons. We know that Tenedios is using Orient's beauty as a marketing tool in his Fresh Farms restaurants all over the City of New York. I have personally seen the wall-sized Orient posters 2 at several of his many NYC deli-like locations. It would be a shame if Fresh Farms became the fouler of our water and air...instead,how about being able to truly market the"Fane"as using sustainable,safe practices to maintain that fragile beauty and the wetlands—not just showing pretty photos. But that means actually doing, if you are acting with good will. 6. We have noted that the uses listed for the barn are for storage of equipment and for housing animals. We have been reassured that the barn is not to be used as a slaughterhouse for animals,since that is not an approved use,and would create more chances for contamination of our wells and water supply to the Narrow River. We ask that future plans do not include uses which are not current. As you know,the Tenedios"Farm"is right on the edge of salt water(Narrow River and the wetlands that feed into it,toward which they have now moved their barn closer) and the current small number of existing animals were originally not being managed by"best practices"which Ms.Moore said were infrequent but which neighbors perceived to be regular. Although Festivals were not an approved use, we have noticed various events taking place,with dozens of cars parked on the property. We want to be sure that there is a consciousness of the impact of activities by the Fane,and a willingness to do what is right for the surrounding environment,which happens to be a fragile flood plain. We asked the Planning Board at the meeting to make sure that inspections and proper enforcement of the rules and regulations in place are enforced,and we were told that"if there is a problem,complain about it,then we will inspect." This places the burden of regulating compliance directly on the neighbors of the"Farm",and always after the fact of a transgression. We would much rather be on good teams with our farming neighbors. We want to know that they are following best practices and doing their best to protect our waterways and their neighbors rights to enjoy a healthy environment,a quiet life,with safe water,fresh air,and views of trees instead of a huge barn,and knowledge that they are doing everything they can as good stewards of nature. While we await the response of Ms. Moore and the"Farm" in the form of actions on the behalf of our community we are asking the Planning Board to arrange regular inspections of the best practice uses of this barn and oversee regular testing of the waterways and drainage into the wetlands ...and we are calling on Mr.Tenedlos to demonstrate the"Farm's"good will toward his Orient neighbors. Sincerefy yours, Helen Hooke Colleen Delo 27752 Main Road,Orient Maria(Chiqui)Cartagena ,Jennifer K ight 27754 Main Ro rient , John Sabatino Linda Sabatino 27756 Main Road,Orient 3 From: Clara Serra <cserra@rserra.com> Sent: Wednesday, October 14, 2020 11:13 AM To: Lanza, Heather (}(1 J, ("r X02'0 Subject: [SPAM] - Tenedios development plans Planning Board Dear Heather, I am not an immediate neighbor to the Tenidios Property, but I am dumbfounded how he could possibly get a permit to raise cattle on his property which is so close to [he protected wetlands. It is like a bullyish enterprise by a Trumpian urbanite who has to protect his unwanted invasion by high fences and lights that are usually put up around prisons. We have bought many parcels of land in Orient to bring them back to nature. I find it highly offensive that the town of Southold which buys out farmers when they sell their land and only allows buyers to build on the existing frame of a house and a barn or other buildings that pre -exist the purchase. There is a big contradiction to your progressive policy to protect the North Fork and to the way you seem to treat Tenedios. Please reconsider Richard Serra Clara Serra Sent from my iPhone A-LLTH From: ma <jp2349@aol.com> ��N ��, „ nl......w..."' Sent: Friday, October 16, 2020 10:40 AM fly° To: Lanza, Heather Subject: Tenedos property 0 C T 2 020 :rvc�i:d .wbi ''roan Planning Board Good morning Ms Lanza - ...www - I live on the sound at Narrow River road. I have owned this property for more than 20 years and when we bought there was no animal farm. I doubt that we would have purchased this property if there was an animal farm in existence at that time. I think it is unreasonable to expect that I might have to endure the smells and sounds of animals and their waste. I would hope that there would be a public hearing where our views could be heard. Thank you for your assistance in this matter. Joan Prager ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. From: Sandra Sinclair <sansinc@optonline.net> - i Sent: Wednesday, October 14, 2020 3:16 PM '�` l(o f()2(j To: Lanza, Heather Cc: Helen Hooke'; 'David Levin' south6d _Iwo -.n., � � Subject: FW:The Tenedios Barn Project on Narrow River Road Nanning (Board Attachments: National Hurricane Center Storm Surge Predicted for Category 1 Hurricane.pdf ..,.,.,,,..._„__.._ .. _..... Planning Board re Tenedios Barn Issues. After I wrote my letter to the Planning Board another concerned resident of this area sent me this map of a projected storm surge, Category 1 from a recent study of the Narrow River Road area. You will note that in the event of a storm of this nature or worse,the Tenedios farm would be flooded. Sandra Pawson Sinclair i 29827 Main Road Orient, NY v-N S• �r t V) 1_ nd U'se Suffolk County Peconic Estuary Program Conceptual Habitat Restoration Design i t fl a Narrow River Tide Enhancement and Phragmites Management,Orient 3.2 Storm Surge Vulnerability The vulnerability of Narrow River Road, Route 25, and surrounding private property to storm surges from hurricanes was assessed by reviewing the National Weather Service SLOSH (Sea, Lake, and Overland Surges from Hurricanes) model projections of storm surge for the Broad Meadows/Narrow River area. Storm surge is the abnormal rise of water generated by a storm, over and above the predicted astronomical tides. The projected storm surge resulting from a Category 1 storm at high tide for the project area is 4 to 8 feet, as shown in Figure 14. Of course, the actual flooding resulting from a storm depends on many factors, such as the track, intensity, size, and forward speed of the hurricane, as well as the characteristics of the coastline where it comes ashore or passes nearby. Additionally, storms more severe than a Category 1 storm would be result in greater storm surge. The existing earthen berm (constructed in the aftermath of the 1938 Hurricane) with an elevation of approximately 6 feet above mean tide level provides necessary storm protection for Narrow River Road, Route 25, and adjacent private property and residences for some hurricanes and lower intensity storm events. r . m Figure 14:Predicted Storm Surge from Category 1 Hurricane from National Hurricane Center SLOSH Data. 19 From: Sandra Sinclair <sansinc@optonline.net> Sent: Wednesday, October 14, 2020 10:43 AM w... " To: Lanza, Heather Cc: ambrielfloyd@gmail.com; 'Helen Hooke' f., Subject: The Tenedios Barn Project on Narrow River Road ..... .._ Na nn�ng Board To the Planning Board �-._ �........-•,�...._.._-wm.�,.�.... waa,..e... Southold Town, NY I am writing to express my deep concern about the size of this project. I am not anti-farming. I want farmers to succeed and make a decent living but there are some rather specific factors in the area in which this particular farm is located and is devoted to animal husbandry on a sizable scale. If floods. Anyone who lives near the water knows that climate change is real and the seas are rising. I've been through several hurricanes including Sandy when Narrow Road was flooded for months. The late Harrison Demarest, who was a farmer, told me that all of Orient on the other side of Main Road was underwater in the hurricane of 1938. Not sure if it was 1937 but the point is clear. A 9,000 sq ft barn is pretty darn big. This is corporate farming. I pay extra taxes willingly to support family farms. I do not want to subsidize corporate farming. Sincerely, Sandra Pawson Sinclair 29827 Main Road Orient, NY 11957 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. From: Adam Irving <adamjirving@gmail.com> R",,"°C "° I Sent: Wednesday, October 14, 2020 1:44 PM To: Lanza, Heather y 2 0 2 D Subject: Fresh & Co Planning Board .... SOU(1101d Tom,) �:INarnrnE ng Board My understanding is write ins are still be taken with regards to the latest Fresh & Co barn plans out in f r ie wrote a few years back with a long list of concerns and unfortunately little has been done to allay those concerns. The bottom line is that location is terrible for a significant livestock operation given it's low elevation and consistent flooding. Further it is right along the North Road and there is no way to hide the totally out of context barn being proposed. It is sad to think that my children cannot safely swim at Hallocks Bay after rain storms due to nitrogen runoff. The Fresh Co operation only exacerbates this problem. There was a scallop die off last year that most feel was due to heavy nitrogen loads in the water. Again, this application will only worsen the nitrogen problem. Anyone who runs/bikes/walks around Narrow River Road knows how often that spot floods and the polluted water goes right into Hallocks. Please reduce the allowable scale of this livestock operation. There are far better locations for this type of operation. Please restrict the size of the proposed barn as a well known Orient viewshed will be significantly compromised. Thank you - Adam Irving Orient,NY ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. LmT GC - From: Richard Gluckman <rgluckman@gluckmantang.com> Sent: Wednesday, October 14, 2020 1:32 PM To: Lanza, Heather Subject: Tenedios Barn 0 �.D ut.F")r'RJ, w-'i o Rlanniin g Board Dear Planning Board,Town of Southold, I live near the intersection of Narrow River Road and Orchard Street and I travel that road many times each week, often passing the Tenedios property at all times of the day. I am dismayed to see that enforcement of the setback requirements does not seem to be in play. I have seen the animals up against the fence alongside the road many times. It does not look like the owner is playing within the rules and I am fearful that the Planning Board is not enforcing them. The Planning Board and Town Trustees are stewards of our fragile environment,on land and in the water and they are abrogating their responsibilities if enforcement isn't applied here. Since Tenedios has NOT conformed to the stipulations laid on it and been basically a bad neighbor jeopardizing the health of the fishing and recreational constituencies, I do not support any accommodation of their request to relocate the barn. It is my fear that this property will become an agri-tourist business complete with cars, limos and busloads of people filling parking lots and swarming over the property to pet and ride the animals, 'U-Pick-Em'fields,jungle gyms,games and the ubiquitous corn maze. A,deeper fear is the ultimate application (based on hardship)to transform the barn to people services for commercial use:retail,food service,wine tasting,the required wc's, et al.The full catastrophe. Where is the scallop fishery in all this? I think commercial scalloping in Hallock's Bay(aka Long Beach Bay) has been prohibited due to waste pollution the past several years. It will never recover with the load that Tenedios puts on it. Respectfully, Richard Gluckman 4630 Orchard Street Orient, NY 10013 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. From: David Levin <david@thelevins.org> Sent: Wednesday, October 14, 2020 11:26 AM To: Lanza, Heather RECEIVED Subject: Tenedios proposal to relocate the site of the proposed barn 0 1 David Levin Planning Board 29821 Main Road (PO Box 299) Orient New York 11957 Dear Ms Lanza, I write to you as the planning director for Southold. I am a neighbor to this site. I wanted to register my extreme concern at both the planned relocation of the proposed barn and its proposed size. A 9,000 sq foot barn for intensive animal husbandry that is located in a low lying area with restricted access through one road only(on which fire and emergency services depend) and that will inevitably flood is an insanity. Concerns 1. An intensive farm as proposed will place an intolerable traffic burden on the area. Simply moving the numbers of livestock will cause risk,jams and damage to our neighborhood 2. Emergency services access to the Orient Point terminal is dependent on Rte 25—we already have risks of it being clogged by other outsize commercial enterprises (eg Lavender by the Bay) and this additional traffic burden is a massive safety risk for those who live in the area,for those who use the ferry services and for those who might depend on Emergency support at Orient point. 3. 1 understand that Tenedios claim they will be moving fecal waste elsewhere. a. The amount of traffic to carry their"sh*t" out on our single carriageway road is untenable b. It may be their intention but the certainty is that during storm conditions they will not be able to do so— and the consequence will be tragic for our neighborhood—see below "when the flood comes" 4. When, not if,the flood comes, there is going to be a massive risk of a. fecal contamination of our waterways and area. b. fecal contamination of the groundwater that we depend on through our well c. contamination of the area with hundreds of rotting dead cattle d. urea contamination of groundwater and waterway e. blockage to Rte 25 with consequent risks to the population from challenges to access emergency services. I note in the attached presentation that Suffolk Country explicitly recognizes (as it has to) the massive risks of flooding., I would only ask that as a planning officer you act to protect the public from this greedy and short term behavior— Or ienL is nuL Lhe pldLe fur a Feed Lot. It is not safe or proper to have that here. I trust you turn down all plans related to the propoSpd harn. https /[www peconicestu..ary.orR/wp-content/uploads/201/,g9,T9p, eptual-Habitat-Restoration-Design-Narrow River- Road-„2„01„9,pdf yours sincerely, David Michaelis,Jessica ...�From: Baylinson, Lester Sent: Friday, October 16, 2020 8:55 AM �„�� ;,,,,,;,,, � '� To: Cummings, Brian A. Cc: Michaelis,Jessica � Subject: TM# 19.-1-1.3 & 1.4 C f f 020 ��-oiUs fiO I ow'rro......__.� Pw lin i'J�:wd Hello again,there are no open violations on the Tenedio's Agriculture Barn & Greenhouse. ave weftd-1---__..- a. OFFICE LOCATION: d ., MAILING ADDRESS: Town Hall Annex P.O. Box 1179 ' 54375 State Route 25 Southold, NY 11971 � �"�"'� � +, (cor.Main Rd. &Youngs Ave.) �� Mc Telephone: 631 765-1938 Southold, NYa www.southoldtownny.gov P� Q�a PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Lester Baylinson, Ordinance Inspector Robert Fisher, Fire Marshal James Easton, Fire Marshal J OL A 1-11 From: Brian Cummings, Planner PjC K dk-+-1 Date: October 14, 2020 Re: Request for Review: Amended Site Plan for Tenedios Agricultural Barn & Greenhouse 28410 NYS Rt. 25, s/w corner of Rt. 25 & Narrow River Rd., Orient SCTM#1000-19.-1-1.3 & 1.4 Zoning District: R-200 The Planning Board refers this Site Plan Application to your committee for review and comments. This amended agricultural site plan is for the relocation of a one story 8,664 sq. ft. building to house livestock and store feed, supplies and farm equipment; which was granted conditional approval from the Planning Board in 2019 and not constructed. The plan includes a 60' x 24' (1,440 sq. ft.) greenhouse and other accessory agricultural buildings on a 34.5 acre farm, of which 29.5 acres have development rights held) by Southold Town and 5 acres have development rights intact (the greenhouse is located in the 5-acre area and the barn is located in the 29.5-acre area) in the R-200 Zoning District. Differences from the 2019 approved site plan: ❖ 8,664 sq. ft. building moved ±396' w/s/w and ±14' south; ❖ Area of disturbance: ■ Approved at 38,625 sq. ft. ® Proposed at 34,444 sq. ft. ■ -4,181 sq. ft. net difference Thank you for your cooperation. Laserfiche: Planning, Applications, Site Plans, Pending, SCTM#1000-19.-1-1.381.4(2) From: Joe Levin <joe@thelevins.org> Sent: Wednesday, October 14, 2020 12:36 PM To: Lanza, Heather Subject: [SPAM] - Tenedios barn relocation in Orient - a local resident'; questl in fir, 2020 . isi`)1T,, To rn Dear Planning �Director Lanza �OaronGng Board . I am writing to express my thoughts on the subject of the Tenedios barn relocation in Orient. I am a neighbor - I live across the street at 29821 Main Road. Evidently, it is his prerogative to manage his property as he sees fit, and to build whatever he wants within the guidelines and land use restrictions set by the town. I have nothing against farming and feeding New Yorkers! Farming is essential and must be supported - I am not trying to be difficult. I just want to ensure all of the potential knock on consequences which could be very bad for Orient and neighbors like me are seriously considered. I have two major concerns which I hope you will raise with Mr Tenedios and his representatives. I hope he is able to adequately address them, and if not I believe you should decline to permit his proposal. 1) Animal waste: The lot was before being used for crop farming, which has very different environmental considerations than the livestock Mr Tenedios intends to keep in his almost 9000 sq ft barn. Per 10001b cow Mr Tenedios keeps on the property, he can expect about 60lbs of manure to be produced per day (according to the USDA). The barn Mr Tenedios proposes is sufficient to keep around 100 animals. If he uses that full capacity we could be talking of 6000lbs of manure per day. We all know that is it very important that the manure is removed from his property because the lot abuts wetlands of enormous recreational and economic value. Cows also urinate profusely. If Mr Tenedios has an adequate plan to remove all of the manure that he produces on the site regularly then my grave concerns would be somewhat alleviated. But if permission for his barn leads to unsustainable manure production in the area, the wetlands are at severe risk from run off and contamination, and his proposal should be denied. 2) Flooding risk: The land Mr Tenedios is constructing his barn on is, I believe, around aft above sea level. It sits in a FEMA designated Special Flood Hazard Area AE flood zone (see FEMA map below), meaning there is at least a 1% chance each year of the area flooding. What would Mr Tenedios do in the event of such a situation? Is there sufficient road infrastructure to remove his livestock prior to its arrival? And the animal waste? A flood which killed his livestock and released animal waste into the wetlands would be extremely bad news. Moreover, all local residents rely on groundwater for our potable water, so contamination has direct consequences for us also. Legend ;X' FEMA Flood Zones gR04trate lo ION rInk afros i d X 01%MT 4 4 � Hligla dsk areas > El A s A � � 6 %4 IV i I u IIIIII AN AO 0,01 gp� p Mqh dske coostW areas Floodway Coestal barider ft r1W e�� r wr �� V IIIIIIII Y 4 ' r>: I� .. � � IIIIIIIIIIIIIIVm II I�u�i I�u�u�u�u�u�u�i I�u�u�i Thank you for your attention to these important issues. Best, Joe Levin 29821 Main Road (PO Box 299) Orient New York 11957 Joseph Levin c:+1 646 352 3533 e 1�a ccfh�N ,vrtasr"1 SUPER LAw GROUP , LLC WRITER'S DIRECT DIAL: 212-242-2273 October 19, 2020 EMAIL: reed@superlawgroup.com Via Electronic Mail Donald Wilcenski, Chairman C �y ��, I and members of the Town of Southold Planning Board 54375 Main Road Ppam�Ing Baird Southold, NY 1197.1 , ,,,,,,,,,,,,.,.,.,., ...._._.w_...........m.M.,. ._.._. Susan Ackerman, Regional Permit Administrator New York State Department of Environmental Conservation Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road Stony Brook,NY 117.90 Re: Tenedios/ resCoar , LLC Agricultural Building 28410 NYS Route 25, s/w corner of Narrow River Road& NYS Route 25, Orient SCTM# 1000-19.-1- 1.3 & 1.4 Re: DEC Permit Appl. # 1-4738-03952/00004 (combined with# 1-4738-03952/00003) Tidal Wetlands Permit Application for Fresh&CoFarm LLC (Tenedios) 28410 Main Road (Route 25), s/w corner of Narrow River Road &Route 25, Orient SCTM# 1000-19.-1- 1.3 & 1.4 Dear Chainnan Wilcenski, Members of the Southold Planning Board, and DEC Regional Administrator Ackerman: We are writing on behalf of Friends of Narrow River, Inc. to the Town Planning Board and to DEC regarding: (i) the proposed amendment to the Fresh&CoFarm, LLC site plan application for an agricultural building (barn), which was conditionally approved by the Planning Board in January 2019, but not constructed; (ii) amendment of the tidal wetlands permit that was approved by the Department on or about May 1, 2019; (iii) compliance with, and improvements to, the conditions of the site plan approval and tidal wetlands permit. We wish to make the following points and requests, and ask the following questions, of the Planning Board and DEC: 1. Even though the applicant has not yet built the barn, it has already built the greenhouse, and therefore all of(lie condi lions unposed by [lie Board and DEC as pal t of the conditional site plan approval and tidal wetlands permit (see below) should have already been fully complied with and in place at the site. Before taking action to annend the site plan or wetlands permit, the Planning 180 MAH)E7 N LANE, SI'lli; 603 t-1 Yc)m , i°vi%w YORK 10038 �' :t.: 212._212...235.5 T'1;ti: 4.3:55-2 t2-7956 W\VIV.su1('r1a\vgrotip.CC)nI Planning Board and DEC October 19, 2020 Page 2 Board/Department and DEC should each inspect the property to determine whether, and to what extent, the applicant has complied with each of the conditions. If they have not been complied with, DEC and the Planning Board should enforce those conditions, require full compliance with each of them, and then re-inspect to determine whether full compliance has been achieved. (If DEC has already taken some action to revise the permit,DEC should nevertheless inspect, determine compliance with the conditions, and enforce them,which would also be helpful to the Planning Board.) Such conditions of particular note, and related questions, include: * DECCoticlitimi I I ("Buffers. Buffers shall be fenced so as to prevent .......... ......— livestock frorn grazing in them) and.Plann, o Board C ondilliolls 3 &,4 --�� t 4�...................-... ("Livestock shall be prevented from entering the vegetated buffers" and "Livestock grazing, paddocks, shelters and enclosures shall be located outside the vegetated buffers shown on the site plan."). • Have all of the wetland buffers shown on the site plan, including those highlighted in yellow on the DEC-approved version been fully fenced, with adequate fences, as required? • Have livestock and livestock grazing activities been kept out of the wetlands and buffers? * DEC (.,ondition. 10� "Seeding. Existing cleared/d istui bed areas within the .................. - --1-1-1-1- 0 'vegetated buf1cr' areas, as shown on approved plans, should be seeded with a native seed mix and allowed, to revert to natural . . .. ." Have all of the byi&ry been seeded with a native seed Pid.'r filed allowed to revert to natural, as required? * 1111"I'llniliglirr rrc ton dil ioii 5: "Vegetated Buffers 2 & 3 shall be managed for the following benefits: a. Provide denitrification and nutrient uptake; b. Slow water runoff and enhance infiltration; c. Trap pollutants In surface runoff& subsurface flow; d. Stabilize soils. Vegetated Buffer I shall be managed to maintain existing trees., shrubs and groundcover, Have the buffers been properly managed for these benefit59 Planning Board and DEC October 19, 2020 Page 3 • DEC Condition 5: "No Disturbance to Vegetated Tidal Wetlands. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities." 0 Has there been any disturbance to the wetlands or buffers? • DEC Condition 9: "Restrictions. All manure piles and used livestock bedding MLI,-,t be kept a minimum of 100' from any freshwater or tidal wetland areas and must be prevented from entering wetlands or surface waters." Have all manure piles and used livestock bedding been kept a 15 nzinintuin elf 100feet fi-oin allfi-eshwater or tidal wetland areas and prevented ftoin entering wetlands or surface waters? In its May 1, 2019 response to public comment, DEC stated that the applicant "has indicated[to the Department/that all manure and animal bedding from the barn will be collected and removed from the site." Has the applicant lived tip to this commitment? • PI,in Lji_g-B()ar�j.Condjtiou 8: "The Planning Board strongly encourages the property owner to follow the guidelines developed by the USDA for sustainable numbers of animals on pasture. The Board further encourages the farm owner to request a nutrient management plan for the animal husbandry portion of the farm, as well as consulting with the USDA Natural Resource Conservation Service (NRCS). The Board also strongly encourages the property owner to develop a Comprehensive Nutrient Management Plan (CNMP) to address nutrient loading to surface and ground waters by working with the Suffolk County Soil and Water Conservation District and/or USDA NR/ S." Has this been done? These should have been requirements, rather than "Strongly encourage[d]. If they have not been done, the Board should make them inandatory✓ as part oj'the conelitionsfir any amended site plan. The 2018LTVRPfindings inade clear that this is necessai-y.fbrLWRPconsisleiici). While that LPVRP memo qualified its recommendations with the phrase "to the greatest extentpracticable, everything in Condition 8 is practicable and should be required. C, 2. Based on DEC's and the Planning Board's review of the Mattis of the applicant's compliance with all of the conditions, both the Board and DEC should review the conditions and improve, strengthen, and clarify them, in order to better protect water resources, fresh and tidal wetlands, surface and ground waters. As noted above, Planning Board Condition 8 should be made mandatory. Other improvements to the conditions, based on the Board's and Department's review of the status of compliance with all of those conditions, is warranted as well. Planning Board and DEC October 19, 2020 Page 4 3. The site is already highly prone to flooding, which can cause pollutants to wash off- site into adjacent waters. The Narrow River/Broad Meadows Restoration Project way affect this and, potentially, exacerbate the situation and/or alter the boundaries of tidal wetlands on or near the site. The restoration project should be considered in the context of approvals for this project. 4. A new LWRP consistency determination is required. 5. The staff report states that the following must be done regarding compliance with DEC Construction General Pern-ift("CGP"). Has it? "Provide a written determination from a licensed engineer on whether a NYS DEC Stormwater Pollution Prevention Plan (SWPPP) will be required due the amount of ground disturbance associated with the proposed construction of the agricultural buildings and related infrastructure (barn, driveway, utilities and greenhouse). This certified written determination must be provided to the Office of the Town Engineer for review and concurrence. If it is determined that a DEC SWPPP is required, the SWPPP must be filed with and reviewed by the NYS DEC, and a copy of the NOI and the SWPPP documents must be filed with the Southold Town Engineering Department." These requests are based on the following, as well as all of our previous letters to the Board and DEC. BACKGROUND AND SUPPORTING FACTS AND LAW RLyLmnsibililies ofthe 7'a sin and DEC In considering site plan applications or amendments, the Town Code in Chapter 280, Article XXIV (Site Plan Approval) and Chapter 268 (Waterfront Consistency Review) directs the Planning Board to give "high priority" to the "protection of groundwater and surface water from contamination by pollutants" and the "conservation of... natural drainage courses, fresh- and saltwater wetlands and marshes, to "prescribe appropriate conditions and safeguards," and to "prevent[] ... impairment of water quality. See, e.1-1, Town Code §§ 280-127 to 280-131; 268-1 to 268-7. DEC's wetlands regulations "apply to any tidal wetland . . . and to any adjacent area," with includes the area "300 feet landward of said most landward boundary of a tidal wetland." 6 NYCRR § 661.3. The regulations broadly define "project"' and "land use and development or -................... ---------........ 6 NYCRR § 661.4("Project shall mean any action which may result in direct or indirect physical impact on a tidal wetland, including, but not hrnited to,any regulated activity.") Planning Board and DEC October 19, 2020 Page 5 use"' to include more than just "regulated activities." Id., § 661.41 Likewise, "pollution"is defined to include "conditions or contaminants in quantities or characteristics which are or may be injurious to human,plant, or marine life,wildlife, or other animal life, or to property, or which unreasonably interfere with the comfortable enjoyment of life and property throughout such tidal wetlands as may be affected thereby." Id. The Site The Fresh&CoFarrn LLC property contains and is adjacent to important, valuable and sensitive wetlands, habitat, waterways, and other natural resources that make the North Fork special. Adjacent to the property just across Narrow River Road is Narrow River, a tributary to Hallocks Bay, an important shellfishing and recreational resource. Narrow River and the Bay also support primary and secondary contact recreation; there is a marina where the River widens into the Bay. The Bay and the River(starting at a point adjacent to the Fresh&CoFarm property) have been dedicated by Department and the Town of Southold as a "Critical Environmental Area. ,4 The Bay, River, and adjacent wetlands—including wetlands on the Fresh&CoFarm property—are designated New York State "Significant Coastal Fish and Wildlife Habitat."' There are at least three (depending upon how one counts them) areas on the property containing either tidal wetlands, regulated freshwater wetlands, or both—in the northeast, south- 2 6 NYCRR § 661.4("Land use and development or use shall mean any construction or other activity which materially changes the use or appearance of land or a structure or the intensity of use of land or a structure, including but not limited to any regulated activity.") 6 NYCRR§ 661.4("(1)Regulated activity shall mean: (1) any form of draining, dredging, excavation or removal, either directly or indirectly, of soil, mud, sand, shells, gravel or other aggregate; (ii) any form of dumping, filling or depositing, either directly or indirectly, of any soil,stones, sand, gravel,mud, rubbish or fill of any kind; (iii)the erection of any structures or construction of any facilities or roads, the driving of any pilings or placing of any other obstructions,whether or not changing the ebb and flow of the tide; (iv) any form of pollution; (v) any portion of a subdivision of land located in any tidal wetland or adjacent area; (vi) any other new activity within a tidal wetland or on an adjacent area which directly or indirectly may substantially alter or impair the natural condition or function of any tidal wetland.") i( lis dtd 4 See I'l I I 5 See eadi J�,,y,,,ji pno� a.J .......... --i See, ----------------- also April 25, 2018 memorandum from Mark Terry,Assistant Town Planning Director and LWRP Coordinator,to Planning Board at p. 10,Figure 3 (showing proposed bam location in close proximity to NYS Significant Coastal Habitat; there would be no buffer between the barn and the habitat area). Planning Board and DEC October 19, 2020 Page 6 central, and west-southwest portions of the property.6 The tidal wetlands and freshwater wetlands are in very close proximity to each other on the site, and their adjacent areas overlap. Most of the on-site wetlands extend across the property lines onto adjacent properties,which are private properties to the west and public property to the south. There is a pond on the northeast portion of the property, another pond that straddles the western property line.' Long Island's sole source aquifer underlies the property. Local residents get drinking water from wells. The ID groundwater has a subsurface connection to the adjacent wetlands and waterbodies. Of particular importance, there is also a direct connection between the property's tidal wetlands and Narrow River through at least two culverts or other drainage infrastructure that convey surface water from the property under Narrow River Road to Narrow River. Some of the tidal wetlands extend north-northwesterly from the road onto the property in a relatively narrow corridor and receive runoff and snow melt from the fields to their east and the paddocks to their west. As a result, pollutants entering the wetlands from either of these areas via stormwater(or through direct incursion by livestock into the wetlands) will flow through these point sources into the River and Bay through the culvert. The tidal wetlands in the southwestern comer have been described as high quality wetlands. The property is also in the 100-year flood plain. During Hurricane Sandy and many other much smaller storms,much of the property is under water. The standing water then drains under and sometimes over Narrow River Road, bringing with it pollutants from the site. Whatever is released on this low-lying coastal property can quickly end up in the adjacent River and Bay. Previous,,11pplication. Reviepi% atid Condilions On April 25, 2018, the Town's LWRP Coordinator submitted a memorandum to the Planning Board,pursuant to Chapter 268,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards, finding that "the proposed action does not fully support" many of the LWRP policies and that consistency with the LWRP depends upon the imposition of conditions and recommendations set forth in that memorandum to protect coastal resources. (See attached.) The conditional site plan approval granted in January 2019 by the Planning Board included the following conditions (those relating to water resources are italicized): 1. The public is not pen-nitted to access the barn or greenhouse; 2. The Karn and the driveway to the barn shall be used for agricultural purposes only as per the Town's easement; ................................... 6 Tidal wetlands are In all three areas. The freshwater wetlands are designated 0-8. The applicant's survey has located this pond in the wrong place. Planning Board and DEC October 19, 2020 Page 7 3. Livestock grazing, paddocks, shelters and enclosures shall be located outside the vegetated buffers shown on the site plan; 4. Livestock shall beprevented fi-oni entering the vegetated bulprs; 5. Buffers: Vegetated Buffers 2 & 3 shall be inanagedfor the following benefits: a. Provide denitrijication and nutrient uptake; b. Slow water runoff and enhance infiltration; c. Trap pollutants in surface runoff& subsurface flow; d. Stabilize soils. Vegetated Buffer I shall be managed to maintain existing trees, shrubs and groundcover; 6. Signs: Any sign that requires a sign permit must be reviewed and approved by the Planning Board prior to installation; 7, Lighting: No exterior lights were reviewed or approved in connection with this amended site plan. Any exterior lights on or around the outside of this greenhouse must be reviewed and approved by the Planning Board and must meet Town Code § 172 Lighting; 8. The Planning Board strongly encourages the propertv owner to follow the guidelines developed by the USDA for sustainable numbers of animals on pasture. The Boardfiti-ther encourages the faun. owner to request a nutrient management plan for the animal husbandry Portion ofthe farm, as well as consulting with the USDA Natural Resource Conservation Service (NRCS). The Board also strongly encourages the property owner to develop a Coiiipt-(-,heti,5iveNutrient Management Plan (CNMP) to address nutrient loading to sw-fitce and. ground waters by working It, 0 with the Su/folk County Soil and Water Conservation District and/or USDA NRCS. The tidal wetlands permit approved by DEC on May 1, 2019 (see attached), includes, among others, the following special conditions: nds. Fbiere shcifl be no distltrb,�nce to No Disturbance to Vegetated Tklai 'NVefl[a Vegetated fid"11 wethinds or protected bUfft',11- MCLIS ZIS "I ICSU111 Of the [WIlIdtled o No, UnaiithoHz(.,.d Fill. No fill or, bwkfifl is Ulffiorizedl by this permil witl-iioUt fLITHICTWI'�t(CII fllppa-()%Iafl fi-orn deparin-iient (�)crim't, rnodilficafioii, a,wi-iiondnicnt), ain Erosion Controls. Nc:(.%.,.ssat-y ewsiou controll i.c- Install, Nlaint, S tararanx t),fles, sHt ��11 fin-116no., etc.. ,.n-e to be �)hwed on flie ed1, y' tD Z�-C 0 Planning Board and DEC October 19, 2020 Page 8 disturbed area. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established. Maintain Frosion Controls. All erosion control devices shall be maintained in good and functional condition until the project has been completed and the area has been stabilized. * Restrictions. All manure piles and used livestock bedding must be kept a minimum of 100' froni any freshwater or tidal wetland areas and must be Prevented from entering wetlands or Surface, waters. * Seeding. Existing cleared/disturbed areas within the "vegetated buffer" areas, as shown on approved plans, should be seeded with a native seed mix and allowed to revert to natural. Buffers may be mowed once a year. * Buffers. Buffers shall be fenced so as to prevent livestock from grazing in them. 15. Conformance With Plans. All activities authorizedb'y this peninitinust be in strict conforniance with the approved plans submitted by the appficwft oi- appficant's agent as pan-t of (lie pennit application. S:ich approved plans were prepared by Jeffi-ey T. Butler 3-22-2017', last revised 3 21 2019 (shec,,ts .1 & 2) and stamped NYSI)EC' approved on May .11, 2019. 16, Pirecautions Against Containflination ofWaters. All necessary precatttions shall be taken to preclude contunination of any wetland or waterwty by suspended solids, sediments, fuels,, sok;ents, h.ibricants, epoxy coatin,G,;s, c(.-niclete, leachate c,.)r an.), other env ironniental 1Y deteterious iriaterials a�nsocKated with the proy.'ct. It also includes, among others, the following general conditions and other obligations: 1. Facility Inspection by '11Fhe 1)epartnient. Tho pen uitted or ffleility, incitidinQ relevant records, is SlJbject to inspecuon aal. aieaa.sonable hours and by an aut'llonzed reprcsent"'alve of the Delpartnient: COUSeTWItion (the Departnient) to dek.'rinflie whefliLl'the permittee as Cmnl)lVMg this penlut rind -der flit -.1 pu�,sualfl to E(..'L the I CT. Such iepresentat've iniy o� smpendef, 7l- 0301 land SA11,r), 401(3). Th�, ponultlec Shall pro\;ide as person to accompany the i I's rept-CSCIIUIM: c dtinjug an i'nspcch'0111 to the pernlil aIxea, when n-Cqjticsteel by the Cj�(.U1 M C I 11. Copy oaf this penilit, Mcl(idlng all, refi:,nenced n'iaps, M,Ri Sl.')cCW1 coidlfions, intist be :niailabte toi- ow-;pecnon by flic L)cpartrieW M thncS at the Planning Board and DEC October 19, 2020 Page 9 project site or facility. Failure to produce a copy ofthe permit upon request by a Department representative is a violation of this permit. -5. Permit Modifications, Suspensions and Revocations by the Department, The Departinent reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, Suspension Or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to cornply with any terrns or conditions of the peri-nit', c. exceeding the scope of the project as described in the perr.nit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance ofthe existing peri,nit; c. rioncompliance with previously Issued permit conditions, orders of the commissioner, any provisions ofthe Environmental Conservation Law or regulations of the Department related to the permitted activity. Item B- Permittee's Contractors to Comply with Permit. The permittee is responsible for informing its independent contractors, employees, agents and assigns of their 0 I'D responsibility to comply with this permit, including all special conditions white acting as the perrnittee"s agent with respect to the peri-nitted activities, and such persons shall be Subject to the same sanctions for violations of the Environnientat Conservation Law as those prescribed for the peri-nittee. Proposed Amen danents to Site 1111an and Tidal Wellands Permit. According ,� to the September 14, 2020 staff report, the amended agricultural site plan "is for the relocation of a one story 8,664 sq. ft. building to house livestock and store feed, supplies and farm equipment; which was granted conditional approval from the Planning Board in 2019 and not constructed." The proposed scope of work is described therein as follows: 2. Proposed scope of work: a. Relocate 8,664sf Barn (conditional approval —not yet constructed) i. Building: 1. 396' s/w (was 445' to east property line, now 842') Planning Board and DEC October 19, 2020 Page 10 2. 14' south (was 520' front yard, now 534') 3. West property line: was 622' 1/2", now 227' 1/2" 11. Wetlands 1. Was 349' from Freshwater pond to n/e 2.Now 269' from Freshwater pond to west (-80-) iii. Area of disturbance 1. Was 38,625sf 2. Now 34,444sf 3. -4,180sf b. 1,440sf greenhouse, constructed, no CO; The staff report also states that the applicant must: Provide a written determination from a licensed engineer on whether a NYS DEC Stormwater Pollution Prevention Plan (SWPPP)will be required due the amount of ground disturbance associated with the proposed construction of the agricultural buildings and related infrastructure(barn, driveway,utilities and greenhouse). This certified written determination must be provided to the Office of the Town Engineer for review and concurrence. If It is determined that a DEC SWPPP is required, the SWPPP must be filed with and reviewed by the NYS DEC, and a copy of the NOI and the SWPPP documents must be filed with the Southold Town Engineering Department; Necessary permits from the New York State Department of Environmental Conservation (NYSDEC) shall be obtained and reviewed by the Planning Board. The DEC permit(s) and associated plans approved by the NYSDEC must be submitted to the Planning Board for their review to ensure they are substantially in agreement. Further, the staff report states that the application is being referred to the LWRP Coordinator, presumably for a determination of consistency with Local Waterfront Revitalization Program (LWRP) Policy Standards. Thank you for your consideration of these concerns. Please feel free to contact me if you would like to discuss this matter. Planning Board and DEC October 19, 2020 Page 11 Sincerely, Reed W. Super Attachments CC" Friends of Narrow River, Inc. Town—Planning Department staff; Town Trustees; Town Attorney William Duffy DEC—Marine Habitat Protection Unit; Regional Attorney Craig Elgut p115 OFFICE LOCATION: �, � ��, MAILING ADDRESS: Town Hall Annex " � � d�% ''°ti P.O. Box 1179 54375 State Route 25get �� w�� BJP � �� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) r: ra Southold, NY 11971 " � r,�� sy'�� Telephone: 631 765-1938 Fax: 631765-3136 a d LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD ,o� To: Donald Wilcenski Chair Town of Southold Planning Board From: Mark Terry, Assistant Town Planning Director °`�� 11 From: g tl I iryc�u��Vi�or�;.tl LWRP�P)ordirrator Date: Apri125, 2018 " Re: Proposed Site Plan for Tenedios Agricultural Barn SCTM4 1000-19.-1-1.3 & 1.4 Zoning District: R-200 This Agricultural Site Plan is for a proposed one story 8,664 sq. ft. building to house livestock (goats, sheep & chickens) and store feed, supplies and farm equipment on a 34.5 acre farm, of which, 29.5 acres have development rights held by Southold Town and 5 acres have development rights intact in the R-200 Zoning District. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is recommended as CONSISTENT with the LWRP,provided the Planning Board considers and requires the following recommendations to further the below listed policies to the greatest extent practicable: 1. Require a photographic visual impact analysis to adequately assess the orientation, design and location of the agricultural barn on-site. 2. Determine if a cultural resource survey is necessary within the agricultural barn footprint. 3. Encourage the development of a Comprehensive Nutrient Management Plan (CNMP) to address nutrient loading to surface and ground waters working with the Suffolk County Soil and Water Conservation Service and/or USDA Natural Resource Conservation Service. 4. Address potential impacts (if any) to surface waters from non-point pollution (surface runoff) on Narrow River and Hallock Bay waterbodies and the ongoing shellfish restoration projects conducted by Dr. Stephen Tettlebach(LIU) and Suffolk County Cornell Cooperative Extension. 1 5. Address potential impacts from point source pollution sources (under road culverts). 6. Require 100' wide vegetated buffers that are effective in the removal of nutrients and pathogens. Include mowed areas within vegetated buffer designs. 7. Collaborate with the Suffolk County Soil and Water Conservation District and/or USDA.Natural Resource Conservation Service to determine if buffers proposed are sufficient in design, composition and maintenance practices to maximize and retain function and values. Design buffers to provide the following functions and values: a. Provide denitrification and nutrient uptake b. Slow water runoff and enhance infiltration c. Trap pollutants in surface runoff d. Trap pollutants in subsurface flow e. Stabilize soils 8. Require that the paddocks and sheds observed in the field are removed from the 100' wide vegetated buffers. 9. Prohibit animal grazing from the 100' wide vegetated buffer areas. 10. Require a covenant that establishes the boundaries, maintenance activities and supplemental plantings within the vegetated buffers. This LWRP coastal consistency recommendation takes into account comments and input received from other jurisdictional Boards and agencies. LWRP Policies not completed in the application materials were evaluated to the action based on available information. Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes heneficial use of a coastal location, and minimizes adverse effects of development. The property is zoned R-200 or 5 acre zoning. The purpose of the district is defined as: The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R- 80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible,prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the y Lu - ry i -mqr e)' d �'��rfi�i es', including aquifer Towns economy��dtla�,r.�e e."1r s� wx-'r l..,��A e �t� �_. "_. recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and.second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the Town is expending large sums of money to protect existing farm acreage. At the same time, the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. The proposed agricultural use, including animal husbandry, is consistent with the above purpose of the zoning district. However, due to the proximity of the property to high value ecological 2 and commercially significant tidal and non-tidal wetlands (I-Iallock Bay and Narrow River), flood zones, sole source aquifer and characteristic shallow depth to groundwater and high scenic dualities identified as important to the community and NYS scenic designations, there are concerns about how the proposed use could impact surface and ground water quality and community character. The below aerial photograph shows the subject parcel (center) in relation to New York State Route 25, Narrow River Road and wetlands (Figure 1). 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Subject parcel hatched (ArcMap). Traffic safety is an important issue on New York State Route 25, the increased traffic due to trucks entering and exiting the parcel should be discussed. The interaction of vehicles and access points into the property should also be discussed. Policy 2.2. Protect and preserm archaeological resources. A. Conduct a cultural resource investibatlon ivhen an action is proposed on all archae'olobical site,fossil he'll, or in.. an area identlfed for potential archaeological sensitivity on the archaeological resource's inmilto1 j,!naps prepared by the New York State Department of Education. 1. Conduct a site survey to deterinhie the presence or ahcence of cultural resources in the proje'ct's pote'litlal iuipact(it-ea. The New York Department of State GIS® Public recess map was referenced for occurrence of archeo-sensitive areas on site. The parcel is located within an archco-sensitive area and it is recommended that the applicant contact the NYS Office of Parks Recreation and Historic Preservation to determine if a cultural resource survey is required in the areas where development would occur. 3 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. The proposed action does not fully support this policy. The LWRP recognizes that the Town of Southold contains a variety of unique and beautiful scenic components. These resources are defined by traditional patterns of development that were based on agriculture, the strongest visual element in Southold, and maritime activities. Visual quality of the landscape is a major contributor to the community character of the Town of Southold. The intent of this policy is to protect and enhance the visual quality of the Town of Southold. The preservation of the aesthetic, historic, and scenic character of the Town is critical to the continuance of its attraction and economic vitality as a year- round waterfront community. Many of the important scenic components in the Town of Southold can be viewed from local roads. The Town of Southold promotes the protection of the scenic components associated with New York State Route 25 (NYS Route 25) through the Comprehensive Plan. 4 A ;^,,,r,., lV;7 fR o�l'rrr,"rY '/r AH'r:,rs�mfer !, 1ldYrfry��*,r"1'"�aurr41r1�ej��,k�'lfyuF'`arr✓,lV,uo-vrfj(V'I Mr�,tif' �V°p"r yA�JjujAw�q, ,fV�Nft A' n s�'+r� dd+%r uY rQt •id�r'hw4"r ,;,�r ,� H'V rP1 Orf,4(" r r�L f gg�hfY ^'y� rr y �1�a4�m'�� t ��✓�oi+a�j � qy n�� ^W�uw oy'"�9`,W1 �wf/ r i'u�A yf��r �vd r f l r%A/I f u,90 rsr )f g,r +r"M1 V 1 lry'" of x•w lr,vtwm iw!:�6rdAry f1tl rv,`"^� d"t�'c'u 1 rr Y, uf f`Jk r'r Jra'� iW,'A 4a ✓s"v w A io,:"°r'�'a',D'`1 d j r�r fi lf,.A '� xq 6 � �ry ` t�{h^Y*MHJlI� 'd'" ,',NALGT�" 7'„ria: (dm lA, -fk rl A 7a.ge , %; iii yra .;; ao/�IAf ,�r!off ,(,r ri JP ✓ f,e�,""r I A m ,t f :% rr n + '`r,,, +r)r �N ,u�'rnuDk 9'H�rfw'Aa/e "�9�uw,i''rl rXA`r dQ.iy�(�vr�Z,jf'+J�lyr%^gyp"�y""�tvy sir�gi, wm�Ji oi", i'u, rr'f r"6,Uv�f ," ,r ,„,h H',07ri rduvyAo rpv yr AvA%�7 �ryrMN ��M�V, 4W V r c pp , r” r �e 1� 'r� r' ip 4 � 6 r �' �yr�P � , ��✓ n r r��YY yf s r,�4iHa m'rd r r m r r a a a.0 W1bA f . „v tiV ,a u A m �r ym �r yr �u9� h fa w y I rr m d k r a7 a $mv swm Itrm ¢" a � /J .� FW+w w%'�/ � " ti"��F oK „�,. arr �imWj N<qv 6 'm y �`!w rr r r'wr v i e 1f,wfMry ° ,�M, ,m, l �I k�� '�a"tl+(w„ai ✓ibr��'„„^YI"!nm��,�u”` ,�m o� " ;a� A wem��;.,rr"i �u � �h�4 u r �h m�� ;, t; � � n N"amrr I � �Okr,y� "* aJF r »x...,w�u�m°m,�, �u d,,�re u��m"rp"ry ielA�'lti"�w rr r yw r➢I�erl7v+mmmYr� Ver� 14c" � if Y a¢ o IA� m•:.✓ e"s"�I"p ' ,�, Rk, w: L '�,,, wob� �r�' ,� � Sri�� n°r� p ud,,eyfi r✓f V:,„�i�t rr o��w"";1,1 °lV1row y, G�lk� ��"y,�"'w''�",��" i i�r w��u�, y i� ?".°� � 9 �q�r�ir%'.:, � P V^r ,q `! aw ride �b�rY"�ry ,mr mUfbs�~JVr res w�f" s „fazrXAruni l��ar`y �,r n''� rocml�F'W�,C"r „+�;YriP� w (➢i'"m,rvy�i v1 �. ' )32r q e if"� r,A rrwf " '01 r;i i y Yma u p ro� f �e,�;^AUA� �,1ar,. ✓c ua� � c �».,� ,Wa*iuwl ��u� '�"�� "�� !�aiJ'Vu fAr� �vii r�'v n�"fi G%"�i¢'�� Y ��Vaap.. r°;� il�"�i , �,l:. �„;lld�"a aA 1,u� '�P d C f q�' ,�r��,�e wor�wM�` � �r4f ", v o-a�, fl4'R� ✓Lw,� �i f� R�f+wx�'u"r�,". ,ar ,��rr'r<.�;' �,,, �ti ✓y'`Y r� f^��'I!r'` VI '^`l'=glrf�ra�r �� & ydp�d� r� ��,ru. ��pw of ru�ry'rr;�Y d"'A u 'AI+",..r�N '"'f'9fauw i��1� ,��,�l�ru�r`�8 ��" (,!. ,� -i, �V'��6�"a"`r✓fi(;r yrltr G„� ,bf�j,u��w r� la �df� '°Tbr�� V trv� �,Irt��V°'"`,��"1r��r�J�r� �� V �b4« h,�' H',Y p+�' f ��t`i a?q�9��✓� a w�' �,*� Y iw �rr �u'°�V'ri "�r'R� �r� y�,r V��'�,?��Wg�'., f ��N�+��i �� I w,w�� b �k 7�i"df � f rc J�ry" y;° v✓4�'"jl q'a fi ��"sw,�'✓"a "vr i7r"N p w".a. "�yr� t � ,19ff,�"'�,��I ,��' ., I � 4lA l rl F wu, rA 0 Y"'ym"7" � i I rtlld 1 1 r4 W m � 1✓/ r/l y �� a 6 r �' Y� 1 iib o ria � �w� ��(r+Nr ��rr 'gym 4E b( i �°I^ ! rr I�✓ /yl ��YYi �l� 4�r /j P x I rlvwN"# mm4ddd'� ��+G'. b ��Y+✓( r•!. 4?w aN' Nk �Y rN I I X q, Isar � /q �6��r,�fll� m f � �� p �✓' w �w w �^y r J i�JJ/rr/'f jr & Figure 2. Example scenic view from NYS Route 25 looking east across parcel (Google Earth). J. Protect visual quality associated with public lands, including public transportation routes,public parks and public trust lands and►paters. The parcel is located directly south of the New York State Designated Scenic Byway; NYS Route 25 and possesses rural, scenic qualities identified as important to the community. Th�o�gs,ed action is consistent this pphcv due to the sale develop m ri Town -preserveswhiclscenic qualit„es along ,`tvhts o�� tl�c 29 `rw acres to Southold „m YS Route 25to�tr��l��A a�tl�wugjcultuun l uses, However, a large agricultural barn is proposed to be located 519.9' from the front property line with a proposed 204' east/west span and 8,664 sq. ft. structural area. 1t is difficult to assess if the siting of the structure in its current location would result in potential impacts to the scenic qualities from public transportation routes and vantage points. To determine if a re-location or re-design would better protect and preserve scenic qualities, it is recon-unended that the Planning Board require a photographic visual impact analysis that identifies and assesses potential scenic impacts from NYS Route 25 and other areas from the proposed agricultural barn. 5 K. Protect visual quality associated with agricultural land, open space and natural resources. 2. Group or orient structures during site design to preserve open space and provide visual organization. The re-orientation of the agricultural barn to reduce the interruption of scenic views important to the community should be assessed and considered to further this policy. Policy 4. Minimize loss of life,structures, and natural resources from flooding and erosion. The agriculture barn is partially located within the AE EL 6' flood zone. The structure should be designed to meet all State, local and Federal flood requirements. It is recommended that the Planning Board address the location of flood zones in relation to the agricultural barn location to further this policy. The storing, keeping and raising of animals and raising field crops in floodplains are a common practice that could lead to water quality impairments. Storm water runoff and flooding of pasture and field crop areas may result in the flushing of animal waste and fertilizers to lower elevations including wetlands. Nutrients and pathogens are then delivered to the waterbody and are capable of adversely affecting water quality. Avoidance of agricultural practices in floodplains is one way to prevent such impacts. There is no ability to relocate agricultural practices outside of the floodplain/zones in this instance. Toward NYS Route 25 a narrow band of AE base flood elevation 6' occurs, then 0.2 percent annual chance flood hazard and flood zone X. Policy 5.2. Minimize non point pollution of coastal waters and manage activities causing non- point pollution. The proposed action does not fully support this policy, additional best management practices are recommended. Hallock Bay and tributaries are located to the south and east of the property. Approximately 1,300 acres in size, the area is comprised of several different ecosystems that include Narrow River,tidal salt marsh areas,NYSDEC owned lands and Orient Beach State Park which contains a rare example of maritime cedar forest. The bay is less than 6 feet deep at mean low water. A shellfish restoration project managed by Long Island University and Cornell Cooperative Extension Marine Program has been ongoing in Hallock Bay for a period of 13 years. Research data from the shellfish restoration project indicates that the bay has changed over the last ten years; experiencing a complete decline in eelgrass and bay scallop populations. This decline has been largely attributed to intense commercial clamming and/or warming water temperatures. It is also believed that existing farming in the watershed and the application of herbicides and insecticides could also be impacting the health of the ecosystem (Tettlebach, telephone conversation September 27, 2017). 6 Land used for agricultural purposes are frequently flushed by storm water events creating surface runoff capable of transporting pollutants to low areas and waterbodies as non- point pollution. Animal husbandry operations generate nitrogen and pathogens (coliform bacteria) capable of entering surface waters during such events. Management of pollutants is dependent upon the type, life and source. In certain situations,pathogens can be effectively controlled using sand/soil filtering of surface runoff. Nutrient inputs can also be partially mitigated through biological processes that involve natural materials, including wood chips and vegetation. The management of pathogens and nutrient loading on site is a concern due to the close proximity of animals to surface waters. A site inspection on September 27, 2017 revealed a number of goats in the south wetland area,the 100' wetland setback, and in close proximity to standing water on the NYSDEC owned parcel to the south. Animal (waste) deposited near or in wetlands and surface waters could result in non-point pollution impacts to wetland areas. Correspondingly, animal paddocks and run in sheds are also located in the south of the property in close proximity to Narrow River, an estuarine wetland and tributary of Hallock Bay. The paddocks and sheds are not shown on the site plan. It is recommended that they are added to the site plan to determine the distance from the wetlands and vegetated buffers. As indicated above, nutrient loading is also a concern. Hallock Bay is shallow. Due to the depth of the bay, the summer months of July, August and September warm the waters and have the potential to facilitate bacteria growth resulting in hypoxic (low levels of oxygen) or anoxic (no oxygen) conditions which could lead to species mortality (algal blooms, die-offs). Due to the connectivity of the parcel to Narrow River and Hallock Bay, avoidance and minimization of pathogens and nutrients entering the waterbodies is recommended. Farm practices and methods should be outlined and managed in a Comprehensive Nutrient Management Plan (CNMP) working with the Suffolk County Soil and Water Conservation District and/or the USDA Natural Resource Conservation Service. The subject parcel and the waterbody Narrow River are separated by Narrow River Road.. A hydrologic connection through a under road culvert was observed and should be assessed to determine if the connection could contribute to the conveyance of additional pollutants to surface waters. All direct connections that are capable of directly discharging sediments and pollutants into Narrow River or other water bodies should be addressed. The above agricultural environmental management practices would further this policy Policy 5.3. Protect and enhance quality of coastal waters. 7 The proposed action does not fully support this policy as proposed. Hallock Bay currently meets the National Shellfish Sanitation Program for pathogen standards and is not a NYSDEC listed impaired waterbody, meaning, a total maximum daily load (TMDL) for coliform bacteria has not been established, however a portion of Hallock Bay (Narrow River) is classified as uncertified for shellfishing as a result of pathogens. This is an administrative closure due to proximity of a marina from May 1 through October 31. As discussed above, the increase in nutrient loading from the raising of animals in close proximity to wetlands and Hallock Bay is a concern. The nutrients may detrimentally impact water quality and result in expanded shell fishing restrictions and even species mortality. Correspondingly,pathogens (coliform bacteria) sourced from animals are capable of entering into water bodies and threatening human health. The parcel is directly connected to the Narrow River estuary and therefore, conveyance of pathogens into surface waters via storm water is a possibility. The treatment of pathogens through soil layers is recommended in buffer design. Additional management practices to mitigate impacts form pathogens could include stock piling of manure and/or transferring manure off—site. Manure may also be mixed with soils on site. To further this policy and protect the quality of coastal waters it is recommended that the design of functional, vegetated buffers combined with the development of a CNMP (see discussion above) is required. Policy 5.5. Protect and conserve the quality and quantity of potable water. The peninsula that comprises Orient is not served by public water and is dependent upon a sole source aquifer. To meet and further policies 5.2, 5.3, and 5.5 above and protect the ground water and surface waters of Narrow River and Hallock Bay from additional pathogen and nutrient loading, it is recommended that the appropriateness of constructing a wetland, or denitrification bioreactors is addressed in a CNMP. The establishment of functional, vegetated buffers designed to trap pathogens and fixate nutrients together with the development and implementation of a CNMP furthers this policy. Water quantity or use would depend on agricultural operations on-site over time. Policy 6. Protect and restore the quality and junction of the Town of Southold ecosystem. Hallock Bay comprises a large and relatively undisturbed coastal estuarine ecosystem. Areas such as this are rare in New York State, and provide habitat for a diversity of fish and wildlife species (NYSDOS). Policy 6.3. Protect and restore tidal and freshwater wetlands. 8 Due to the high ecological value of Hallock Bay, several designations have been applied over the years to the waterbody and wetlands. Hallock Bay is a New York Department of Environmental Conservation Critical Environmental Area,New York Department of State Significant Habitat Area, NECAS Significant Ecological Complex, Peconic Estuary Critical Natural resource Area and Critical Duck Habitat. Portions of the subject lot are designated a New York State Significant Coastal Habitat area(Figure 3) and the proposed agricultural barn is located just outside of the designation. The susceptibility of the Hallock Bay as a New York State Significant Coastal Fish and Wildlife Habitat to outside influences is high, as identified in the below narrative listing the qualities and threats to the area. Any activity that would degrade water quality, disrupt tidal patterns, increase sedimentation, or eliminate wetlands would adversely affect the birds and shellfish found in this area. All species offish and wildlife may be affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity, waste disposal (including boat wastes) and stormwater and road runoff. Tidal wetlands habitats, which assist in maintaining water quality, are especially vulnerable to activities that disrupt tidal patterns, and reduce or eliminate tidal connection. Eelgrass beds are also particularly sensitive to water quality degradation. Restoration opportunities for eelgrass may exist in the Long Beach Bay if water quality parameters are appropriate, and should be explored. It is essential that high water quality be maintained in the bay to protect the bay scallop and hard clam fishery. 9 Ty f I ra pp� pp pppm vIT p 4 ry "P orrs di I� r r *d �xf " f 1 aVf a r �'�f; °W a r "a� 4 dO Nx '"«,��'' �F"�f k� d ✓' W�� it M�"r9 R1�� a 6 Illy p �• +o "N irl � r �r�6l � �u�✓,t is 1 � � i 1; � lV • Y tl - I j Ji 6 e "N, , ryryhp 'V4a �YW v Figure 3. Barn location in proximity to New York State Significant Coastal Habitat shown as solid polygons (ArcGIS). E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. 'I'lte_amosggtioii lriithersth s polish,. The applicant is proposing 100' wide wetland buffers from the eastern wetland system boundary,the wetland bordering the west property line, and the two wetland systems in the south and southwest of the property. Buffers between wetland and upland areas provide many functions and values. Wetland buffer widths from 50 -100 feet are typically recommended to protect water quality and buffer widths of 100 to 350 feet or more are recommended to provide important wildlife functions. Wetland buffer widths assume that a buffer is vegetated with a KrWiJV "�1Lo 1`qn TLr !j,ii�y necessary to provide adequate buffer functions. If a buffer(existing or otherwise) is sparsely vegetated, grass, or dominated by invasive species,the buffer should be enhanced with appropriate native species or widened. It is important to note that improving buffer vegetation (species composition and 10 percent cover) is more effective in maintaining and/or enhancing buffer values and functions than merely widening the buffer. It is also important to recognize that most nitrogen (N) enters surface waters through surface flow and groundwater by leaching nitrates (NO3). Plant uptake does not result in the significant,permanent removal of nitrogen and plants need to be harvested and removed from site. Otherwise N returns to the system when the plants die and decay. The 100' wide wetland/vegetated buffers proposed should include existing hardwoods and understory vegetation to further the purpose of Chapter 275 Wetlands and Shorelines of the Southold Town Code, this policy and provide denitrification and pathogen containment functions. The vegetated buffers should be designed to provide the following functions and values: 1. Provide denitrification and nutrient uptake 2. Slow water runoff and enhance infiltration 3. Trap pollutants in surface runoff 4. Trap pollutants in subsurface flow 5. Stabilize soils To maintain the effectiveness of the vegetated buffers, the following should be considered in a covenant: 1. Wetland vegetation within the vegetated buffers should remain undisturbed. 2. Non-wetland vegetation(except trees and shrubs) should be mowed during and at the end of the growing season and removed from site to maximize N removal. Grass filtration strips that are frequently mowed with the cuttings mulched or removed from site could be established. 3. Remove paddocks and fence vegetated buffer areas to avoid use by animals where practicable. Policy 9.2 Protect and provide public visual access to coastal lands and waters from public sites and transportation routes where physically practical. A. Avoid loss of existing visual access L Limit physical blockage of existing visual access by development or activities due to the scale, design, location, or type structures. See discussion for Policy 3 beginning on Page 3 above. 4, Use Community Preservation Project Plan funds to obtain scenic easements to protect key scenic vistas from transportation corridors and other public sites. 11 This policy has been met with the purchase of development rights on SCTM# 1000-19.-1-1.4 by the Town in 2002 for the preservation of scenic qualities associated with open space. B. Minimize adverse impact on visual access. 2. Use structural design and building siting techniques to preserve or retain visual access and minimize obstruction of views. See discussion in Policy 3 beginning on Page 3 above, Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. The LWRP identifies Hallock Bay as an important social and economic asset to the community. Well known for shellfishing, commercial and recreational harvesting, the waterbody contributes significantly to the economy of the Town and region. Continued use of the resources depends on in intaining the tgnto-term h, id „ITITm_ abundance of..marine fisheries resources �'ind„LLthel' ' .1babit ts, Ensuring that the resources are sustained in usable abundance and diversity for future generations requires the active management of marine fisheries, protection and conservation of habitat, restoration of habitats in areas where they have been degraded, and maintenance of water quality at a level that will foster occurrence and abundance of living marine resources to provide valuable recreational experiences and viable business opportunities for commercial and recreational fisheries (LWRP). LISO i' conslstent with this I y, however, agricultural management practices developed to reduce potential pathogen and nutrient loading into Narrow River/Hallock Bay should be implemented to further this policy. Policy 12.1 Protect agricultural landsfrom conversion to other land uses. A. Avoid conversion of agricultural lands to non-agricultural uses. Tltc m) cp used ,at!jon (brdiers this policy_ and the Town goals to retain agricultural lands in large contiguous blocks. Policy 12.2 Establish and maintain favorable conditions which support existing or promote new coastal agricultural production. Loss of agricultural lands is often exacerbated by conditions that reduce the profitability of farming, such as high costs related to land, labor, and utilities. Creating a favorable economic environment to support agriculture is an important component in ensuring that agriculture is sustained in Southold. Avoidance of activities that would alter market conditions also is a consideration. The following 12 standards should be used to guide decisions that might impact on agricultural production. D. Support acquisition of development rights of agricultural lands. TltLrLi ose actiog meets is 111k lu lic.y. Development rights were purchased on 29.5 acres of the parcel (SCTM# 1000-19.-1-1.4)by the Town in 2002. The preservation of scenic qualities associated with the open space values on the property was identified within the agreement. Policy 12.4 Preserve scenic and open space values associated with the Town's agricultural lands. Scenic and open space values associated with agricultural lands should be protected. Farming, as an element of landscape, makes a particularly important and dominant contribution to the community character of the Town of Southold. It must be recognized that visual and open space qualities are reliant on an active and viable agricultural industry. This requires that farmers be allowed the flexibility to farm in an economically viable fashion, incorporating modern techniques and farm operations, as well as farm structures. B. Allow farms to operate using appropriate modern techniques and structures. �161011 N11DIXII IS tl'jS_L)q (A,, however, due to the location and size of the proposed agricultural barn there are concerns that the scenic views from public roadways could be impeded. It is difficult to assess the level of impediment (if any) without a photographic visual impact study and whether an alternative location or re-orientation of the agricultural barn would better preserve open space values. Please contact me at(631) 765-1938 if you have any questions regarding the above. Cc: Brian Cummings, Planner 13 III ISE YORK STATE..� E)EF)ARTMEN r Q1FE..:.':NVI RON KE 114TAII CIIP'4SE:.1:ZVA"rIoN I:XyWan of EnviroirunenW Pein-rifts,Regn I SUNY 0 Stony lBrook,50 Orde Rand,Stmy Brnok,NY 11790 R�631)444-01W-)�IF:�631)444 0360 wwvltlec nygov May 1, 2019 Fresh & Co. Farm LLC 315 Madison Ave., RM 1501 New York, NY 10017 Re: Permit No. 1-4738-03952/00003 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit for the referenced activity. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather and a Notice of Commencement/Completion of Construction. Please note, the permit sign and Notice of Commencement/Completion of Construction form are sent to either the permittee or the facility application contact, not both. Si'KX rely, Susan V. Ackerman Regional Permit Administrator SVA/ls Alft lit'VA,Utg$ 110, N E'W VORK STA FF, OV I RON,M E",,"IA L CONSPAO/AIAON' Facflit�y DEC 1 11) 1 -4738A,k31952 PERMIT 011C, I In"der ("ouservatio.n.. 1,aw 1'ermittelt and Facili-ty hfori,'rxation .11'ermit Issued 1'o.- Facility: FIZESH&COFARAM LLC F1Z,F,.,SH&C0FA.RM, LLC- PROPERTY 315 MADISON AVE R,.M 150 1 28410 MAI-N R.D (RTE 2) @ NIA RH,0 W R.:[VER R r)JSC'flM# 1 000--19-1,_.1 3 & 1.4 NEW Y(.)R..K, .NY' 10017 ORIIENT, NY 11957 Facility Application Con tact: PATRIC"IA, C M00R1.,, 51020 MAIN R,D SOUTHOLD, NY 11971 (63 1) 765-4330 Facility Location. in SOUTHOLD in SLJFFOI..,K COUMIN Village: Orient Facility Princilpal Reference Point- NYT,,M-E� 72&089 YTM-:M 4558.869 Lalitu.del- 41. 08'56,.7" Longitude: 72'3G'55ff' Project Location: 28410 Main Road Authorized Activity: Construction of as new N.3-rn, dirt road. and greenhouse in conforniance with the auached.plai-is prepared by ,.Tefl"rey Y. BLAI(,r dated 3-22-2017 and last.revisexi 3-21-2019 (sheets I &2) and stamped, NYSDEC approved.on May 1, 2019 Note- No peirrtnt is nec.essary uncler Freshwater wedands 6YR.,R..Part 663.4(d)(9) "Conducting an ag6.,,ultural activity, as (Jefined in. the acl'or section 663.2 ofthis Part" is listed as air exetript activity, .Flart 6612(e)( x) "erecting structures, including feru;es, required to enhance or rnaiwa�n the agricultural productivity of the land", Permit A..tith(..)rizafio,ns ,ridal Wellands - L'rider Article 25 Permit it) 1-4738-03952/00003 Cay nnit fl6cti,,"e Daw� 5,11/2019 E'xpiralion Dale: ,1/10/2024 Page I of 6 Am womw NEW YORK S"lt'A.'t"E DEPARTMENT t. F qf.NVIRONEIN.TAL,CONSERVATION Facility DEC ID 1-4738-03952 By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit, Permit Adn.:nnpnnpstra.tor; SUSAN ACK R.MA , Regional Perrn.-nit Administrator Address: NYSDEC Region p Headquarters S`Uh7 ) Stony Broo.kJ50 Circle Rd Stony Brook,NY II"AXI) _3/109 Authorized Si atnareo �m : . �.. �_ - ®ate CDistribtatmoan Lpst PATRICIA C, :MC ORE Marine Habitat Protection SUSAN AC =RMApr — ..... Permit Components NATURAL RESOURCE PER_MFF C;ONDITIONS G.LINERAL. CONDITIONS, AA.13.111, " TO A .I.,AU p p:p'.t�p�IZE' :) PER NpC p IFICA tJON C)pa' 0 '111p,p PERMIJ-1-111 013 ,1G A."p IONS AT J I?A I,RESOURkI'E PE .l ' IT :°OND IfTIO - Apply to the Following I. Post Permit Spp gn The prerryapt sign enclosed with (l1is p cn-nnit shall be posted inan conspiCauDIIS location on the worksite auanup ad.CCs Ualep)r protected. from t1w weather, a.. Notice of Commencement At least 48 hours prior to euupnnrnner cennnent:app`tpan.e p:prc=jeet, the I.Wrnn`ni.ttee and contractor shall „pppnn and e-ieUaux portion of(lne eundosed.rnotifica.tpunrn florrnu certiFying tpnat ffiq acre .wally.a):Nwe of and nnrntperstand all terms s annul conditions nnfffies pennnit. ' 1ptpup.rn 30 days a:n1l°Cornnpletionn of pprqecl. the bottor n portion rap°tple funrrrn rnn.unst a11.s0 tine si orned au:nnd retuan need. a➢unrng with photographs of tine co nip feted work. 3. No C'o n.strum.etpomn Debtris in Wethaummd or Adjacent Area Any debris or excess nnranterpaup p`a°om n:,nnnnStu.unCtiW).. of this p:proJectshall be u,unnrap:apn tel); n-er-a:noved fiurm the adjacent area (upland) and rernoved to aun apspn:aannved uap➢aanup. area. d'or�dpspos,il�. fan cpa p.>up4n uu ppeaunnpttea.p pnu r e.tparnep�n annna�,°unn°ppr teetuaup pru,al£' u°areQ4a. I'llaage 2 Rap"6 Aft EAV YORK SIATE, CONSERVATION IN NRcifity DEC' 11) 1 4738 03952 4. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities, 5. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary, 6. No Unauthorized Fill No fill or backfill is autharized by this permit without further written approval firorn the department (permit,modification, amendment). T. Install,Maintain Erosion Controls Necessary erosion control measures, i,e,, straw bales, silt fencing, etc., are to be placed on the downslope edge of ally disturbed area. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established.. 8. Maintain Erosion Controls All erosion control devices shall be maintained in good and functional condition until the project has been completed and the area has been s�abilized, 9. Restrictions All manure piles and used livestock bedding must be kep a minirnum of 100' from any freshwater or tidal wetland areas and must be prevented from entering wetlands or surface waters. ,10, Seeding Existing cleared/disturbed areas within the "vegetated buffer" areas, as shown on approved plans, should be seeded with a native seed mix and allowed to revert to natural. Buffers may be mowed once a year. 11t. Buffers Buffers shall be fenced so as to prevent livestock from grazing in them. 12. State Not Liablefor Damage The State of New York.shall in no case be liable for any damage or irli ary to the structure or work.herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or irnprovernent of navigation, or for other purposes., and no claim.or right to compensation shall accrue from tinny such darnage. 13. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or desti-riction of the natural resources of the State, the owner maybe ordered by the Department to remove or alter the structural work-, obstruc6ons, or hazards caused thereby without expense to the State. and if, upon the expiration or revocation of this permit, the structure, 17111, excavation, or other modification of the watercourse hereby authorized shall riot be completed, the owners, shall, -'vithOUt expense to the State, and to such extent and in such time and manner as tile Department of Environmental Conservation may,require, remove all or any portion of tile uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State ofl,Tcw York 011 ,'WCOUIlt Of such removal oralteration. Page 3 of 6 IN EW)"ORK,STATE�I)E]-'AR.']"'MEN'1'014' ENVIIIZ(.)➢." Mll�'N'111'A 1.,(A)INSERVATION F'aeflity 1C 11.) 1-4738-.03952 14, State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall,without expense to the State, and to such extent and in such.time and manner as the Department of Environmental. Conservation may lawfully require,remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of zany such removal or alteration. 15. Conformance With Plans All activities authorized by this permit must be in strict confon-narice with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Jeffrey T. Butler 3-22-201.7, last revised 3-21-2019 (sheets I & 2) and stamped NYSDEC approved on May 1,201.9, 16. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the prQJect. .. ..... .. ........ .. ............................ –—---- GENERAL F-- CONDITIONS - Apply to ALI, Authorized 1 1111111-11111- — ....... . ...... ......... .......--- . ............. 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department)to determine whether the permittee is complying with this permit and the ECL Such representative may order the work suspended pursuant to ECI, 71- 0301 and SADA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, niust be available for inspection by theDepartment at all times at the project site or facility, Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2, Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms., conditions or reqUirements contained in such order or determination, Page 4 of 6 Aft aftwo INEM YORK S I'ATE, 111)E PA RTM L INTO OFV III R 0 INNI LNTA 1,C'01 NS 1k:RV AlIN 0I IRW F adfity DECID 14738-03T52 3. Applications For Permit Renewals,Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental informat]on the Department requires. Any renewal,modification or transfer granted by the Department must be in writing, Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC Region I Headquarters SUNY Ct�, Stony BrookJ50 Circle Rd Stony Brook,NYI 1790 -3409 4. Submission of Renewal Application The permittee must subinit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands, 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b, failure by the perminee to comply with any terms or conditions of the permit-, c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions,relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Departinent related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute,regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page.5 of. 6 NEW Y0111K STATE D��«"PRT NI F,,NT OF I1[,,N")°NR0N1N1JFN'1'A.'lllL C ONSERVA,1.110N Fae lity DF'IC tp�) 1-..4738...03952 NOTIFICATION OF OTHER PERMITTEE (3RL,IGATYCINS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the perrittee's acts oromissions in connection with the per ittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit This i dernniiication does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Mules or any citizen suit or civil rights provision under federal or state laws. Item er it ee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their-responsibility to comply with this permit, including all special conditions while acting as the perinittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation.Law as those prescribed for the permittee. Item C. Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits. approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item o Right to Trcspass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to peribrrn the permitted work nor dares it authorize the impairment oD ' any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 06 NOTlCE OF COMMENCEMENT OF CONSTRUCTlON RETURN THIS FORM TO:COMPLIANCE OrFax to: 581444-0297 Aft Bureau of Marine Habitat Protection NYSDEC �Road 50 Circle Stony Brook, MY117SU-34O9 PERMIT NUMBER: EXPIRATION DATE.. PERM|TTEENAME& PROJECT ADDRESS: ----------'---- — --------------- COmTRACTDRNAME&ADoREDS: TELEPHONE Dear Sir: , Pumpant to the special conditions of the referenced permit,you are hereby notified that the authorized activity shall commence on We certify that we have mad the vefemnoeld permit and approved plans and fully understand the authorized project and all permit conditions. VVehave inspected the project site and can complete the project aodescribed inthe permit and aodepicted onthe approved plans. We can do so in full compliance with all plan notes and permit conditions. The pennit,permit sign, and approved p|ocm will be available at the site for inspection inaccordance with General Condition No. 1. (Both signatures required) ~ PsRM|TEE: DAT CONTRACTOR: � THIS NOTICE MUSTBESENT rO7HEABOKEADDRES3A7LEASTTWO DAYS PRIOR 7O Cn&MENCEMeNTOF THEPROJECT AND/DRANY ASSOCIATED ACTIVITIES. FAILURE 7DRETURN THIS NOTICE, POST THE PERMIT SIGN, 0RHAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE ANo/ORCONTRACTOR TOAPPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line X X x X s X NOTICE OF C0MPI_Efi'0'N_*0_F"_CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE OrFax to: 651-444-0297 Bureau ofMarine Habitat Protection NYSDEC Am 5OCircle Rd. IMINEW Stony Bmok, NY 11790-3409 NOW PERMIT NUMBER EXPIRATIONDATE� PERMITTEE NAME&PROJECT ADDRESS: CONTRACTOR NAME QADDRESS: TELEPMONE Pursuant to special conditions of the referenced permit,you are hereby notified that the authorized activity was completed on We have fully complied with the terms and conditions ufthe permit and approved plans. (Both signatures required) � PERM|TEE: _ [D\T11, CONTRACTOR� __ U,]E________ n+/SNonCE, WITH PHOTOGRAPHS OFTHE COMPLETED NORKAmDICRA COMPLETED SURVEY ASAPpRDpRNTE, NyUSTBE SENT roTHE ABOVE ADDRESS WITHIN 3VDAYS 0FCOMPLETION opTHE PROJECT. �pIm ndo a....... m ' LC C' w "'°° �IIII�III".w III .......... 411,111, IIIII N a"w"�� "111111 m II III C 11 " � I w w Np^^ ryQ ��,,pypy��ryrygNgN LUmni IIIA u�n U t " Ills Ills w u a) ON a C� IM Im m ii n �uvmn aumpu nII .A �I w 9rI� " II ��IIIII 41 I 01 ... Ila a 11X u Lu j w SII A � � w IIIIIIIIII IIID ^^ IIIII�IIIIIIIJ� C °° w � NI II w dpi �incl b A fln� A D Idw' m„�� III ( C n °'.... a) X I SUPER LAw GROUP , LLC WRITER'SDIRECT DIAL: 212-242-2273 October 19, 2020 EMAYL: reed i�ia superlawgroup.corn Via Electronic,l11'ur"1 �^ Donald Wilcenski Chairman and members of the 1, C. �l' C,` Town of Southold Planning Board n.... nr.aal�hia:uld ttvwlw 54375 Main Road Panruing Board Southold, NY 11971 _ _.____.._ ..... ............._.r. Susan Ackerman, Regional Permit Administrator New York State Department of Environmental Conservation Division of Environmental Permits, Region 1 SUNY (.,) Stony Brook 50 Circle Road Stony Brook, NY 11790 Re: Tenedfos/Fresh&CoFarm, LLC Agricultural Building 28410 NYS Route 25, s/w corner of Narrow River Road & NYS Route 25, Orient SCTM ## 1000-19.-1- 1.3 & 1.4 Re: DEC Permit Appl,# 1-4738-03952/00004 (combined with # 1-4738-03952/00003) Tidal. Wetlands Permit Application for Fresh&CoFarm LLC (Tenedios) 28410 Main Road (Route 25), s/w corner of Narrow River Road &Route 25, Orient SCTM# 1000-19.-1- 1.3 & 1.4 Dear Chairman Wilcenski, Members of the Southold Planning Board, and DEC Regional Administrator Ackerman: We are writing on behalf of Friends of Narrow River, Inc. to the Town Planning Board and to DEC regarding: (1) the proposed amendment to the Fresh&CoFarm, LLC site plan application for an agricultural building (barn), which was conditionally approved by the Planning Board in January 2019, but not constructed; (ii) amendment of the tidal wetlands permit that was approved by the Department on or about May 1, 2019; (iii) compliance with, and improvements to, the conditions of the site plan approval and tidal wetlands permit. We wish to make the following points and requests, and ask the following questions, of the Planning Board and DEC: I. Even though the applicant has not yet built the barn, it has already built the greenhouse, and therefore all of the conditions imposed by the Board and DEC as part of the conditional site plan approval and tidal wetlands permit (see below) should have already been fully complied with and in place at the site. Before taking action to amend the site plan or wetlands permit, the Planning 1 ,130 14Y1)1; ti 1.:1 t? 7L`I"C'1; 603 N 1'w Ni,"w °'oiv1-� 10038 "1'1:1,:. 212-242-2355 1',,VX: 855--2't2--/`9.:56 9.34:1 t�tw�r.:,t.�pCil�� P�rtilh.con7 Planning Board and DEC October 19, 2020 Page 2 Board/Department and DEC should each inspect the property to determine whether, and to what extent, the applicant has complied with each of the conditions. If they have not been complied with, DEC and the Planning Board should enforce those conditions, require full compliance with each of them, and then re-inspect to determine whether full compliance has been achieved. (If DEC has already taken some action to revise the permit, DEC should nevertheless inspect, determine compliance with the conditions, and enforce them,which would also be helpful to the Planning Board.) Such conditions of particular note, and related questions, include: © I)EC Coridition I I ("Buffers. Buffers shall be fenced so as to prevent livestock froni grazing in thein) and BoCmid Planning ard itions 3 & 1 B ("Livestock shall be prevented frozen entering the vegetated buffers" and "Livestock grazing, paddocks, shelters and enclosures shall be located outside the vegetated buffers shown on the site plan."). • Have all of the wetland,buffers shown on the site plan, including those highlighted in yellow on the DEC-approved version been fully fenced, with adequate fences, as required? • Have livestock and livestock grazing activities been kept out of the wetlands and bttjftrs? * DEC' Condition tO: "Seeding. Existing cleared/disturbed areas within the .........t-.`._ ......................................... 0 ,vegetated buffer' areas, as shown on approved plans, should be seeded w4h a native seed mix and allowed to revert to natural Have all qf'lhe bqfj,rs been seeded with a native seed mi-V and allowed to revert to natural, as required? * P1,11111111 )._1§oard Cmidition 5: "Vegctatcd Buffers 2 & 3 shall be managed for the following benefits: a. Provide denitrification and nutrient uptake; b. Slow water runoff and enhance infiltration; c. Trap pollutants In SUI_fiIGC runoff& subsurface flow-, d. Stabilize soils. Vegetated Buffer I shall be managed to maintain existing trees shrubs and (Troundcover; Have the hu ffiers been property managedforthese benefits? Planning Board and DEC October 19, 2020 Page 3 • DEC Condition 5: "No Disturbance to Vegetated Tidal Wetlands. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities." 11 Has there been any disturbance to the wetlands or buffers? • DEC Condition 9: "Restrictions. All manure piles and used livestock bedding must be kept a minimum of 100' frorn any freshwater or tidal wetland areas and must be prevented from entering wetlands or surface waters." • Have all manure piles and used livestock bedding been kept a ininitnuin q1'.100jeetfi-om alifi-eshwater or tidal wetland areas and preventedfi-oin entering wetlands or stirface waters? • In its May 1, 2019 response to public comment, DEC stated that the applicant "has indicated[to the Department/that all manure and aninial beddingfromthe barn will be collected and removed from the site." Has the applicant lived up to this conimitinent? • PIU111111 i ajjp.q, f 'ondition 8: "The Planning Board strongly encourages the . q property Owner to follow the guidelines developed by the USDA for sustainable numbers of animals on pasture. The Board further encourages the farm owner to request a nutrient management plan for the aminal husbandry portion of the farm, as well as consulting with the USDA Natural Resource Conservation Service (NRCS). The Board also strongly encourages the property owner to develop a Comprehensive Nutrient Management Plan (CNMP) to address nutrient loading to surface and ground waters by working with the Suffolk County Soil and Water Conservation District and/or USDA NRCS." Has this been done? These should have been requireinents, rather than "strongly encourage[d]. If thea, have not been done, the Board should nzake them niandalory cis part of the conditions for am ainended site plan. The 2018 L WRP,findings inade clear that this is necessary,for LWRPcoi?sisteiici). While that LPVRPrtienioqztalijiedits recon,nnendations ivith the phrase "to the greatest extent practicable, everything in Condition 8 is practicable and should be required. 2. Based on DEC's and the Planning, Board's review of the status of the applicant's compliance with all of the conditions, both the Board and DEC should review the conditions and improve, strengthen, and clarify them, in order to better protect water resources, fresh and tidal wetlands, surface and ground waters. As noted above, Planning Board Condition 8 should be made mandatory. Other improvements to the conditions, based on the Board's and Dcparti-ncnt's review of the status of compliance with all of those conditions, is warranted as well. Planning Board and DEC October 19, 2020 Page 4 3. The site is already highly prone to flooding, which can cause pollutants to wash off site into adjacent waters. The Narrow River/Broad Meadows Restoration Project may affect this and, potentially, exacerbate the situation and/or alter the boundaries of tidal wetlands on or near the site. The restoration project should be considered in the context of approvals for this project. 4, A new LWRP consistency determination is required. 5. The staff report states that the following must be done regarding compliance with DEC Construction General Pen-nit ("CGP"). Has it? "Provide a written determination from a licensed engineer on whether a NYS DEC Stormwater Pollution Prevention Plan (SWPPP) will be required due the amount of ground disturbance associated with the proposed construction of the agricultural buildings and related infrastructure (barn, driveway, utilities and greenhouse). This certified written determination must be provided to the Office of the Town Engineer for review and concurrence. If it is determined that a DEC SWPPP is required, the SWPPP must be filed with and reviewed by the NYS DEC, and a copy of the NOI and the 'SWPPP documents must be filed with the Southold Town Engineering Department." These requests are based on the following, as well as all of our previous letters to the Board and DEC. BACKGROUND AND SUPPORTING FACTS AND LAW Responsihifities oLfhe Timn and DEC' In considering site plan applications or amendments, the Town Code in Chapter 280, Article XXIV (Site Plan Approval) and Chapter 268 (Waterfront Consistency Review) directs the Planning Board to Live "high priority" to the "protection of groundwater and surface water from contamination by pollutants" and the "conservation of — natural drainage courses, fresh- and saltwater wetlands and marshes, to "prescribe appropriate conditions and safeguards," and to "prevent[] ... impairment of water quality. See, e.g.. Town Code §§ 280-127 to 280-131; 268-1 to 268-7. DEC's wetlands I-CgUlations "apply to any tidal wetland . . . and to any adjacent area," with includes the area "300 feet landward of said most landward boundary of a tidal wetland." 6 NYCRR § 661.1 The regulations broadly define "project"' and "land use and development or —------- ...............................--- 6 NYCRR § 661.4 ('Prqjeet shall mean any action which may result in direct or indirect physical impact on a tidal wetland, including, but not limited to,any regulated activity.") Planning Board and DEC October 19, 2020 Page 5 use"2 to include more than just "regulated activities." Id., § 661.4' Likewise, "pollution"is defined to include "conditions or contaminants in quantities or characteristics which are or may be injurious to human, plant, or marine life, wildlife, or other animal life, or to property, or which unreasonably interfere with the comfortable enjoyment of life and property throughout such tidal wetlands as may be affected thereby." Id. The Site The Fresh&CoFarm LLC property contains and is adjacent to important, valuable and sensitive wetlands, habitat, waterways, and other natural resources that make the North Fork special. Adjacent to the property just across Narrow River Road is Narrow River, a tributary to Hallocks Bay, an important shellfishing and recreational resource. Narrow River and the Bay also support primary and secondary contact recreation; there is a marina where the River widens into the Bay. The Bay and the River(starting at a point adjacent to the Fresh&CoFan-n property) have been dedicated by Department and the 'Town of Southold as a"Critical Environmental Area. ,4 The Bay, River, and adjacent wetlands—including wetlands on the Fresh&CoFarm property—are designated New York State "Significant Coastal Fish and Wildlife Habitat,115 There are at least three (depending upon how one counts them) areas on the property containing either tidal wetlands, regulated freshwater wetlands, or both— in the northeast, south- 2 6 NYCRR § 661.4("Land use and developinent or use shall mean any construction or other activity which materially changes the use or appearance of land or a Structure or the intensity of use of land or a structure, including but not limited to any regulated activity.") 6 NYCRR § 661.4 ("(1)Regulated activity shall mean: (i) any form of draining,dredging, excavation or removal, either directly or indirectly, of soil, mud, sand, shells, gravel or other aggregate; (ii) any form of,dumping, filling or depositing, either directly or indirectly, of any soil, stones, sand, gravel, mud, rubbish or fill of any kind; (iii) the erection of any structures or construction of any facilities or roads, the driving of any pilings or placing of other obstructions,whether or not changing the ebb and flow of the tide; I (iv) any form of pollution; (v) any P0111011 of Subdivision of land located in any tidal wetland or adjacent area; (vi) any other new activity within a tidal wetland or on an adjacent arca which directly or indirectly may substantially alter or impair the natural condition or function sof any tidal Seeil ons di"Ji. �,p&sbay.p�lf ..................... See httpS�:I/',,N%,NV%�,doS Beach See .......... - I"I'll I-..............- also April 25, 2018 iriernoranduin from Mark Terry, Assistant Town Planning Director and LWRP Coordinator, to Planning Board at p. 10, Figure 3 (showing proposed barn location in close proximity to NYS Significant Coastal Habitat-, there would be no buffer between the barn and the habitat area). Planning Board and DEC October 19, 2020 Page 6 central, and west-southwest portions of the property.' The tidal wetlands and freshwater wetlands are in very close proximity to each other on the site, and their adjacent areas overlap. Most of the on-site wetlands extend across the property lines onto adjacent properties, which are private properties to the west and public property to the south. There is a pond on the northeast portion of the property, another pond that straddles the western property line.7 Long Island's sole source aquifer underlies the property. Local residents get drinking water from wells. The groundwater has a subsurface connection to the adjacent wetlands and waterbodies. Of particular importance, there is also a direct connection between the property's tidal wetlands and Narrow River through at least two culverts or other drainage infrastructure that convey surface water from the property under Narrow River Road to Narrow River. Some of the tidal wetlands extend north-northwesterly from the road onto the property in a relatively narrow corridor and receive runoff and snow melt from the fields to their cast and the paddocks to their west. As a result, pollutants entering the wetlands from either of these areas via stormwater(or through direct incursion by livestock into the wetlands) will flow through these point sources into the River and Bay through the culvert. The tidal wetlands in the southwestern corner have been described as high quality wetlands. The property is also in the 100-year flood plain. During Hurricane Sandy and many other much smaller storms, much of the property is under water. The standing water then drains tinder and sometimes over Narrow River Road, bringing with it pollutants from the site. Whatever is released on this low-lying coastal property can quickly end up in the adjacent River and Bay. PreviousApplicalionReview, JI�Jyovals, and Conditions On April 25, 2018, the Town's LWRP Coordinator submitted a memorandum to the Planning Board, pursuant to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards, finding that "the proposed action does not fully support" many of the LWRP policies and that consistency with the LWRP depends upon the imposition of conditions and recommendations set forth in that memorandum to protect coastal resources. (See attached.) The conditional site plan approval granted In January 2019 by the Planning Board included the following conditions (those relating to water resources are italicized): 1. The public is not permitted to access the barn orhouse;reen 9 1 2. The barn and the driveway to the Karn shall be used for agricultural purposes only as per the Town's casement; ................. Tidal wetlands are in all throc areas. The freshwater wetlands arc desi-ilated 0-8. The applicant's survey lias located this pond in the wrong place. Planning Board and DEC October 19, 2020 Page 7 3. Livestock grazing, paddocks, shelters and enclosures shall be located outside the vegetated buyers shown on the site plan; 4. Livestock shall be prevented from entering the vegetated buffers; 5. Buyers: Vegetated Buffers 2 & 3 shall be managed for the following benefits: a. Provide denitrijication and nutrient uptake; b. Slow water runoff and enhance infiltration; c. Trap pollutants in surface runoff& subsurface flow; d. Stabilize soils. Vegetated Buffer I shall be managed to maintain existing trees, shrubs and aroundcover; It, 6. Signs: Any sign that requires a sign permit must be reviewed and approved by the Planning Board prior to installation; 7, Lighting: No exterior lights were reviewed or approved in connection with this amended site plan. Any exterior lights on or around the outside of this greenhouse must be reviewed and approved by the Planning Board and must meet Town Code § 172 Lighting; & The Planning Board strongly encourages the property owner to fiollow the 0 �tl guidelines developed by the USDA.for sustainable numbers of animals on pasture. The Board further encourages the faun owner to request a nutrient management plan for the animal husbandry portion ofthe farm, as well as consulting with the USDA Natural Resource Conservation Set-vice (NRCS). The Board also strongly encourages the property owner to develop a Comprehensive Nutrient Management Plan (CNMP) to address nutrient loading to su I!> rfilce and ground waters by working with the Su/f6lk County Soil and Water Conservation District and/or USDA NRCS. The tidal wetlands permit approved by DEC on May 1, 2019 (see attached), includes, among others, the following special conditions: No Iffisturbance to Vi.-!getated Tidal Wetlands. There shad be l-lo distinb".11u.'e to ni(Jal %veiiands m protecte(] NAfer ajevs sis ar result of the perniffled .I(. I Iles, :�t ties. No I.Jnai.ithorized 1,ill. INo fill or back.fiH is authorized 1)y this p)ein-lit without I'LlIther Nvr'lttell approvad From fl-ie (Jelmi-tment jro(fifiu:.atlon, airlendme.jit), -ols. cessvv el-o"oll cc)lklroll nleastlres, i.e., Instail, -'Vlaintain Erosion Conti N c -, ' Sl straw bdcs, sHt eu..,.- are to be Iflaced on the. downslope edge of ,lwy, Planning Board and DEC October 19, 2020 Page 8 disturbed area. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vecfetative cover is established, • Maintain Erosion Controls. All erosion control devices shall be maintained if] good and functional condition until the project has been completed and the area has been stabilized. • Restrictions. All manure piles and used livestock bedding mast be kept a rninimum of 100' from any freshwater or tidal wetland areas and must be prevented from entering wetlands Or SUrface, waters, • Seeding. Existing cleared/disturbed areas within the "vegetated buffer" areas, as shown on approved plans, should be seeded with a native seed.rnix and allowed to revert to natural. Buffers may be mowed once a year. • Buffers. Buffers shall be fenced so as to prevent livestock from grazing in them. 15. Conformance With illaus. A.11a.etivitiesakitt-lo7,.-izedb,vtliispei"n-titiitustbeiri, sti,ict conftnrn,ance with the approved plans subi-nifted by the appfica.t'a oi- applicant's agent as part of the pen nit af.)pfiCafiOTE SUch approved plans were prepared by Jeffrey T. Butler 3-22-2017, last reviscd 3-21-20.19 (sheets 1. & 2) and stamped NYSDE(..1 approved On May 11, 2019.. 16.. Precautions Against Containinatioin of Watea s. All necessary p:rMRLft1OnS Shall be taken to preclude contamination of any Nvetland or waterway by stispended 90fids., sedirnents, Fuels, solvents, fi.T.bricants, epoxy coatial)-s. paints., concretc, leact.iate or any other environmentally deleteriotis materials assoc.lated with tine project, It also includes, among others, the followingC, general conditions and other obligations'. I Facility Inspection by '11Fhe I)epartment. The perni1tted site or facihiv, IFICAI(fill()' relcvant records., is Sultjectto inspection Lit reasonable locus and intervals by an authorized representativc of the DepzLt-truerif of Environn-wintal (".onservation (thc to detennine whether tile pertniftee Is conlPIV I ing with this peln-W and the ECL. St.ich i epreseMative inay order the work su.ispencicd pursuant to ECL 71- 0301 and SA PA 401(3)), The Incur mittec shall 1.)rovide a [)crson to accompan,y the Dep.irtineni's representon`e durint-Y an 11i.sI)ection to the J)�.,,rn6t when reclucstc(l by the Xpartirlent. A cor),y oi,this 11)ei-11111, all ret-crenced maps., uid special C011(htiffl!S, InUS( bC .njallable 661- flisf)ection by tile Departfileilt a( all (Hries at the Planning Board and DEC October 19, 2020 Page 9 project site oi- fact lity. Fal I tire to produce an copy o fthe permit upon request by a Departinent representative is a violation of this permit. 5. Permit Modifications, Suspensions and Revocations by the Department. The Department reserves the right to exercise all available authority to Modify, suspend or revoke this permit. The grounds for modification, suspension or revocation niclude. a. materially f'ailseorii-iaiceLtratestateniciitsirithe pe.ri-ilitapplication or supporting papers; b. failure by the permittee to corriply with any terms or conditions of the perinit-, c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental C� conditions, relevant technology or applicable law or regulations since the issuance of the existing permit-, c, noncompliance witli previously issued permit conditions, orders of the comrnissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. Item B: Perm ittee's Contractors to Comply with Permit. The permitice is responsible for inforniiii- its independent contractors, employees, agents and assialis of their L� 4D C, responsibility to comply with this perrnit, including all special conditions while acting as the perinutee's agent with respect to the permiacd activities, and such persons shall be 0 subject to the same sanctions for violations of the Environryiental Conservation Law as those prescribed for the permittee. Pl,.i)pe)seti.,-I'i)ietidiiii,itis to Site Plan and Tidal Wetlands Permit According to the September 14, 2020 staff report, the amended agricultural site plan "is for the relocation of a one story 8,664 sq. ft. building to house livestock and store feed, supplies and farm equipment; which was granted conditional approval from the Planning Board in 2019 and not constructed." The proposed scope of work is described therein as follows: 2. Propose(.] scope of work: a. Relocate 8,664sf'Barn (conditional approval not yet constructed) i. Building: 1. 396' s/w (was 445' to east property line, now 842') Planning Board and DEC October 19, 2020 Page 10 2. 14' south (was 520' front yard, now 534') 3. West property line: was 622' V2", now 227' V? n, Wetlands 1. Was 349' from Freshwater pond to n/e 2. Now 269' from Freshwater pond to west (-80') iii. Area of disturbance 1. Was 38,625sf 2, Now 34,444sf 3. -4,180sf b. 1,440sf greenhouse, constructed, no CO; The staff report also states that the applicant must: Provide a written determination from a licensed engineer on whether a NYS DEC Stormwater Pollution Prevention Plan (SWPPP)will be required due the amount of ground disturbance associated with the proposed construction of the agricultural buildings and related infrastructure (barn, driveway, utilities and greenhouse). This certified written determination must be provided to the Office of the Town Engineer for review and concurrence. If it is determined that a DEC SWPPP is required, the SWPPP must be filed with and reviewed by the NYS DEC, and a copy of the NOI and the SWPPP documents must be filed with the Southold Town Engineering Department; Necessary permits frorn the New York State Department of Environmental Conservation (NYSDEQ shall be obtained and reviewed by the Planning Board. The DEC permits) and associated plans approved by the NYSDEC must be submitted to the Planning Board for then- review to ensure they are substantially in agreement. Further, the staff report states that the application is being referred to the LWRP Coordinator, presumably for a determination of consistency with Local Waterfront Revitalization Program (LWRP) Policy Standards. Thank you for your consideration of these concerns. Please feel free to contact ine if you would like to discuss this matter_ Planning Board and DEC October 19, 2020 Page 11 Sincerely, eS-, Reed W. Super Attachments cc: Friends of Narrow River, Inc. Town—Planning Department staff; Town Trustees; Town Attorney William Duffy DEC—Marine Habitat Protection Unit; Regional Attorney Craig Elgut Mrs CyFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �� a °t P.O.Box 11'79 54975 State Route 25 ' �u�r i r' ""�r ';� Southold, NY 17L�971 �i F° lfff 1r ' (cor. Main Rd. &Youngs Ave.) � �� () �r✓ v Af µ Telephone: 631765-1938 Southold, �'�' 11971 �y °,� �r�.��"� � e R 't° Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Donald Wilcenski, Chair i Town of Southold Planning Board From: Mark Terry, Assistant Town Planning Director LWR] �)ordiwaor Date: April 25, 2018 ��_� Re: ]Proposed Site Plan for Tenedios Agricultural Barn SCTM# 11000-19.-1-1.3 & 1.4 Zoning District: R-200 This Agricultural Site Plan is for a proposed one story 8,664 sq. ft. building to house livestock (goats, sheep & chickens) and store feed, supplies and farm equipment on a 34.5 acre farm, of which, 29.5 acres have development rights held by Southold Town and 5 acres have development rights intact in the R-200 Zoning District. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold'Tovm Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,the proposed action is recommended as CONSISTENT with the LWRP,provided the Planning Board considers and requires the following recommendations to further the below listed policies to the greatest extent practicable: 1. Require a photographic visual impact analysis to adequately assess the orientation, design and location of the agricultural barn on-site. 2. Determine if a cultural resource survey is necessary within the agricultural barn footprint. 1 Encourage the development of a Comprehensive Nutrient Management Plan (CLAMP) to address nutrient loading to surface and ,ground waters working with the Suffolk County Soil and Water Conservation Service and/or USDA Natural Resource Conservation Service. 4. Address potential impacts (if any) to surface waters from non-point pollution (surface runoff) on Narrow River and 1-lallock Bay waterbodies and the ongoing shellfish restoration projects conducted by Dr. Stephen Tettlebach (LIU) and Suffolk County Cornell Cooperative Extension. 1 5. Address potential impacts from point source pollution sources (under road culverts). 6. Require 100' wide vegetated buffers that are effective in the removal of nutrients and pathogens. Include mowed areas within vegetated buffer designs. 7. Collaborate with the Suffolk County Soil and Water Conservation District and/or USDA Natural Resource Conservation Service to determine if buffers proposed are ,sufficient in design, composition and maintenance practices to maximize and retain function and values. Design buffers to provide the following functions and values: a. Provide denitrification and nutrient uptake b. Slow water runoff and enhance infiltration c. Trap pollutants in surface runoff d. Trap pollutants in subsurface flow e. Stabilize soils 8. Require that the paddocks and sheds observed in the field are removed from the 100' wide vegetated buffers. 9. Prohibit animal grazing from the 100' wide vegetated buffer areas. 10. Require covenant that establishes the boundaries, maintenance activities and supplemental plantings within the vegetated buffers, This LWRP coastal consistency recommendation takes into account comments and input received from other jurisdictional Boards and agencies. LWRP Policies not completed in the application materials were evaluated to the action based on available information. Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes heneficial use of a coastal location, and minimizes adverse effects of development. The property is zoned R-200 or 5 acre zoning. The purpose of the district is defined as: The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R- 80, R-120, R-200 and R-400 Districts is to reason-ably control and, to the extent possible,prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town's economy arc(r% wiihs..............cusifivc including aquifer ... recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town ofSouthold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the Town is expending large sums of money to protect existing farm acreage. At the same time, the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same Purposes while honoring the legitimate interests offarm.ers and other farmland owners. The proposed agricultural use, including animal husbandry, is consistent with the above purpose of the zoning district. However, due to the proximity of the property to high value ecological 2 and commercially significant tidal and non-tidal wetlands (Hallock Bay and Narrow River), flood zones, sole sourec aquifer and characteristic shallow depth to groundwater and hioli scenic qualities identified as important to the community and NYS scenic designations, there are concerns about how the proposed use could impact surface and ground water quality and cornmunity character. The below aerial photograph shows the subject parcel (center) in relation to New York State Route 25, Narrow River Road and wetlands (Figure I I A v.A, 11111I:, i"U" 'IV.7, jj 9QV 14" Vi- I 'R "'4 IV nw Z_ K, 1............. 31t, JI VAX, t "r,44, 1? Vd V`11i� N', 4 A, Vil, YT e", J, t�uf Figure 1. Subject parcel hatched (AreMap). Traffic safety is an important issue on New York State Route 25, the increased traffic due to trucks entering and exiting the parcel should be discussed. The interaction of vehicles and access t; points into the property should also be discussed. Policy 2.2. Protect rind preserve archaeological resources. A. Conduct a cultural resom-ce investigation when an action is proposed on an arch aeoloi site,fossil bed, or in. an area identified for potential archaeological sensitivity on the archaeological resources imyelitog maps prepared by the New York State Department of Education. 1, Conduct a site survej,to deterinhie the presence or absence of cultural resources in the project's potential impact area. The New York Department of State GIS- Public Access reap was referenced for occurrence of archeo-sensitive areas on site. The parcel is located within an archeo-sensitive area and it is recommended that the applicant contact the NYS Office of Parks Recreation and Historic 11rcservation to determine ifa cultural rCSOUrCC SUI-VCV is required In the ,areas where development would occur. 3 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. The proposed action does not fully support this policy. The LWRP recognizes that the Town of Southold contains a variety of unique and beautiful scenic components. These resources are defined by traditional patterns of development that were based on agriculture, the strongest visual element in Southold, and maritime activities. Visual quality of the landscape is a major contributor to the community character of the Town of Southold. The intent of this policy is to protect and enhance the visual quality of the Town of Southold. The preservation of the aesthetic, historic, and scenic character of the Town is critical to the continuance of its attraction and economic vitality as a year- round waterfront community. Many of the important scenic components in the Town of Southold can be viewed from local roads. The Town of Southold promotes the protection of the scenic components associated with New York State Route 25 (NYS, Route 25) through the Comprehensive Plan. 4 +'�� t "•;a V « r f Polrr raf;w'mrf/1 f'r,�'aat » - n aV PPw,)r'»?rP',�'v m+wa'i', ' "t�dY fir✓::-4,'Y ,k w;adv,,.1 riN m' v2 PYy r$�'aw� 0't;$, " e,.!'' Ni. V)r rM1''"u Y 7rI rr iP d f!r a' ,1 Jif ArP r1»M wrrva r,�r 1 �r/.P {; t;(' ;t. wx p h,��' �Jn (�` rr'rl' u�N'iri'$ F a ;u P u✓ tv r *F'f,,rfr f«"rvY^�d VA, P j a {I ab 4' rtl ajw rm rrx rrI fJJU 11 rt„�r fi at Y/mf l� w r/ ,P kfr rr (r ,w�vr wi"f,r$>w/�r1'"� ";iir "�" itmrY �r �;J»Y°'t'w r rrp.,}rir�0r�r;wr�Pr'1„'YJ9 P,ibP.w f�olVrrlri�Hf,�k rro r w ��"i r,r r1i a 'w "' .!,di¢„,l p✓1P >yi�l,� rrr �r° 6c1 V'^PJxo'a'F..r lJilP ar t`t" r4 aIPJi '� +�1;d�`�Cw„NWh ,,, UN roar';"?kv,Fdr"b u ,4I„„ 'aid”rI $;r” ;,.'«,a ,rr 'FFfr�j'PdEY ff 1 v»$' r 4{ � JI ✓t. y^2)M,1 :r 6 J r f r r « Y ! Z 4 .P ✓'w k c« �w"AV q �r >u tc � r t o-r rt✓� i�.w '� $ � ul� � � 7'zgrff ;ttt�rl $ � r l�r.n4't � W'yyrr�j ��w v�wJr'• ud "'wro �tVi„ raw wmrww>tamrri ° i.'� ' '`, I 1 $r $y w�,,nrrrawwrww uim�f�dr rrtvb drP'"u�^�PrP'm�i trr°rr row,,” f i� r jr v$ Yry i4Y'' :f (n"'„'� �u ,mt ah it al�r &f,�Vi ora pl«aRx ,� k� L 1�! br,.0 r� hd(,ilo ti Ps;(?grc^r t ;ar ,rww,r rY«V!a yr%tA"6 Y`�«Yda" a ,� (°r„ uw �`� w i "� "'�¢vY is r d i! r,M.a;.a ^v rpl, P r�fa,�V7 mkt• �(" �mM1i�b iii ,�� p,��mr %��r�C r� :A�d , �G$''° m aJ'' �r "�� ""w" ,d+r,.,,�+;Y r. � r�,W,u,�,�.,r ref r��Pa, �^w u. P tis xr �+$i r�i✓b'Y"�!�°X�r r wrt i„ �'�l,M„dR r i Pw� b'��J�� Y�r,?„#$ m ' r,t r 41P'r�t �' �!("+( �P"r r �:. 7 wt � -st ! ^,a; ,,.��r,f�r'p`')�wVl ��F%;i..'7f ��d �;,1��,° '�¢�;"1� `P"r1',-.,Yd'Imf"V ,�,a¢711J��"1!, ��iVr!'b"�✓r'.w �V,,u,a ^N °�a�Cl r n ° n;"M „„vf' �p�>�P�r! SLG rfa r >Vo iV r, �I �„r�;+wuMpPi";>'�¢* �„"�a;+uf^G"N 7ie4 �� t � "7" Nt ,�%lJ„,Vyma�r it��' d"r rP✓�rYrr�v,�P aWl9'«g0 ro a«$ah Lr P fl ;" x»r`'ab7 PC d4J ym r'., ''{r��m” +✓'rY'° 7nu,J V oda rY ,",I �u'br yy ' (r $�� «�” v !t✓ ��,i,z r w� �.9 rVli r If+��c`�"r M" N� �,1�� a r ��,�iwrl�"� r Irl �r rp $�rr,JJ%IIaR/�JGV ,$ ��j'�a ,'fir rfd f 'bu dr. vE ��o a ?xm ,meA°r:rm r 1 �l 1"w;rr�X119 ;�r rr✓ t°0 �l%err�l!j�rply Klub / .6 t $a e µ�g Figure 2. Example scenic view from NYS Route 25 looking east across parcel (Google Earth). J. Protect visual quality associated with public lands, including public transportation routes,public parks and public trust lands and waters. The parcel is located directly south of the New York State Designated Scenic Byway; NYS Route 25 and possesses rural, scenic qualities identified as important to the community. I j ��r_��t��,d acum is coiisisterit �vigl�).:this l��aki�w� �l�g� ��the sale of deve,10 ��-1 W wa s 2C � '+ io Smithold Town..which srr�� sc_ej-11 (al�afit„ies ��lt��lI Amy1 �� the �)._5 x1... NYS 1 �Rahe 2 toge:Clacr with a -ricillturfl uses. However, a large agricultural barn .- is proposed to be located 519.9' from the front property line with a proposed 204' east/west span and 8,664 sq. ft. structural area. It is difficult to assess if the siting of the structure in its current location would result in potential impacts to the scenic qualities from public transportation routes and vantage points. To determine if a re-location or re-design would better protect and preserve scenic qualities, it is recommended that the Planning Board require a photographic visual impact analysis that identifies and assesses potential scenic impacts from NYS Route 25 and other areas from the proposed agricultural barn. 5 K. Protect visual quality associated with agricultural land, open space and natural resources. 2. Group or orient structures during site design to preserve open space and provide visual organization. The re-orientation of the agricultural barn to reduce the interruption of scenic views important to the community should be assessed and considered to further this policy. Policy 4. Minimize loss of life,structures, and natural resources from flooding and erosion. The agriculture barn is partially located within the AE EL 6' flood zone. The structure should be designed to meet all State, local and Federal flood requirements. It is recommended that the Planning Board address the location of flood zones in relation to the agricultural barn location to further this policy. The storing, keeping and raising of animals and raising field crops in floodplains are a common practice that could lead to water quality impairments. Storm water runoff and flooding of pasture and field crop areas may result in the flushing of animal waste and fertilizers to lower elevations including wetlands. Nutrients and pathogens are then ,delivered to the waterbody and are capable of adversely affecting water quality. Avoidance of agricultural practices in floodplains is one way to prevent such impacts. There is no ability to relocate agricultural practices outside of the floodplain/zones in this instance. Toward NYS Route 25 a narrow band of AE base flood elevation 6' occurs, then 0.2 percent annual chance flood hazard and flood zone X. Policy 5.2. Minimize non point pollution of coastal waters and manage activities causing non- point pollution. The proposed action does not fully support this policy, additional best management practices are recommended, Hallock Bay and tributaries are located to the south and east of the property. Approximately 1,300 acres in size, the area is comprised of several different ecosystems that include Narrow River,tidal salt marsh areas, NYSDEC owned lands and Orient Beach State Park which contains a rare example of maritime cedar forest. The bay is less than 6 feet deep at mean low water. A shellfish restoration project managed by Long Island University and Cornell Cooperative Extension Marine Program has been ongoing in Hallock Bay for a period of 13 years. Research data from the shellfish restoration project indicates that the bay has changed over the last ten years' experiencing a complete decline in eelgrass and bay scallop populations. This decline has been largely attributed to intense commercial clamming and/or warming water temperatures. It is also believed that existing farming in the watershed and the application of herbicides and insecticides could also be impacting the health of the ecosystem (Tcttlebach, telephone conversation September 27, 2017). 6 Land used for agricultural purposes are frequently flushed by storm water events creating surface runoff capable of transporting pollutants to low areas and waterbodies as non- point pollution, Animal husbandry operations generate nitrogen and pathogens (coliform bacteria) capable of entering surface waters during such events. Management of pollutants is dependent upon the type, life and source. In certain situations,pathogens can be effectively controlled using sand/soil filtering of surface runoff. Nutrient inputs can also be partially mitigated through biological processes that involve natural materials, including wood chips and vegetation. The management of pathogens and nutrient loading on site is a concern due to the close proximity of animals to surface waters. A site inspection on September 27, 2017 revealed a number of goats in the south wetland area, the 100' wetland setback, and in close proximity to standing water on the NYSDEC owned parcel to the south. Animal (waste) deposited near or in wetlands and surface waters could result in non-point pollution impacts to wetland areas. Correspondingly, animal paddocks and run in sheds are also located in the south of the property in close proximity to Narrow River, an estuarine wetland and tributary of Hallock Bay. The paddocks and sheds are not shown on the site plan. It is recommended that they are added to the site plan to determine the distance from the wetlands and vegetated buffers. As indicated above, nutrient loading is also a concern, Hallock Bay is shallow. Due to the depth of the bay, the summer months of July, August and September warm the waters and have the potential to facilitate bacteria growth resulting in hypoxic (low levels of oxygen) or anoxic (no oxygen) conditions which could lead to species mortality (algal blooms, die-offs). Due to the connectivity of the parcel to Narrow River and Hallock Bay, avoidance and minimization of pathogens and nutrients entering the waterbodies is recommended. Farm practices and methods should be outlined and managed in a Comprehensive Nutrient Management Plan (CNMP) working with the Suffolk County Soil and Water Conservation District and/or the USDA Natural Resource Conservation Service, The subject parcel and the waterbody Narrow River are separated by Narrow River Road. A hydrologic connection through a under road culvert was observed and should be assessed to determine if the connection could contribute to the conveyance of additional pollutants to surface waters. All direct connections that are capable of directly discharging sediments and pollutants into Narrow River or other water bodies should be addressed. The above agricultural environmental management practices would further this policy Policy 5.3. Protect and enhance quality of coastal waters, 7 The proposed action does not fully support this policy as proposed. Hallock Bay currently meets the National Shellfish Sanitation Program for pathogen standards and is not a NYSDEC listed impaired waterbody, meaning, a total maximum daily load (TMDL) for coliform bacteria has not been established, however a portion of Hallock Bay (Narrow River) is classified as uncertified for shellfishing as a result of pathogens. This is an administrative closure due to proximity of a marina from May I through October 31. 1. As discussed above,the increase in nutrient loading from the raising of animals in close proximity to wetlands and Hallock Bay is a concern. The nutrients may detrimentally impact water quality and result in expanded shell fishing restrictions and even species mortality. Correspondingly,pathogens(coliform bacteria) sourced from animals are capable of entering into water bodies and threatening human health. The parcel is directly connected to the Narrow River estuary and therefore, conveyance of pathogens into surface waters via storm water is a possibility. The treatment of pathogens through soil layers is recommended in buffer design. Additional management practices to mitigate impacts form pathogens could include stock piling of manure and/or transferring manure off—site. Manure may also be mixed with soils on site. To further this policy and protect the quality of coastal waters it is recommended that the design of functional, vegetated buffers combined with the development of a CLAMP (see discussion above) is required. Policy 5.5. Protect and conserve the quality and quantity of potable water. The peninsula that comprises Orient is not served by public water and is dependent upon a sole source aquifer. To meet and further policies 5.2, 5.3, and 5.5 above and protect the ground water and surface waters of Narrow River and Hallock Bay from additional pathogen and nutrient loading, it is recommended that the appropriateness of constructing a-wetland, or denitrification bioreactors is addressed in a CLAMP. The establishment of functional, vegetated buffers designed to trap pathogens and fixate nutrients together with the development and implementation of a CLAMP furthers this policy. Water quantity or use would depend on agricultural operations on-site over time. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. Hallock Bay comprises a large and relatively undisturbed coastal estuarine ecosystem. Areas such as this are rare in New York State, and provide habitat for a diversity of fish and wildlife species (NYSDOS). Policy 6.3. Protect and restore tidal andfreshivater wetlands. 8 Due to the high ecological value of Hallock Bay, several designations have been applied over the years to the waterbody and wetlands. Hallock Bay is a New York Department of Environmental Conservation Critical Environrnental Area,New York Department of State Significant Habitat Area, NECAS Significant Ecological Complex, Peconic Estuary Critical Natural Resource Area and Critical Duck Habitat, Portions of the subject lot are designated a New York State Significant Coastal Habitat area (Figure 3) and the proposed agricultural barn is located just outside of the designation. The susceptibility of the Hallock Bay as a New York State Significant Coastal Fish and Wildlife Habitat to outside influences is high, as identified in the below narrative listing the qualities and threats to the area. Any activity that would degrade water quality, disrupt tidal patterns, increase sedimentation, or eliminate wetlands would adversely affect the birds and shellfish found in this area. All species offish and wildlife may be affected by water pollution, such as chemical contamination (includingfood chain effects resulting from b io accumulation), oil spills, excessive turbidity, waste disposal (including boat wastes) and stormwater and road runoff. Tidal wetlands habitats, which assist in maintaining water quality, are especially vulnerable to activities that disrupt tidal patterns, and reduce or eliminate tidal connection. Eelgrass beds are also particularly sensitive to water quality degradation. Restoration opportunities for eelgrass may exist in the Long Beach Bay if water quality parameters are appropriate, and should be explored. It is essential that high -water quality he maintained in the bay to protect the bay scallop and hard clam fishery. 9 .... f .. IJP C R T f pp yyNgp 4 yr ryyp_ �� it V�„. � "b% N.v✓rep 1P•.�' Y YN"�� a° � ��%l C. A I 0�/91Y � � IIS) d 4$' p fUw4lWlx� 9 my ou�w.ti, ej �" ir I rru i JI J f r c r ^" r IaI L 4'0 i ✓ i � i �� wax z6�p�i ,I i rare °ti 4G Ilk re' re w�v rQ q8 t� Figure 3. Barn location in proximity to New York State Significant WCoastal Habitat shown as solid polygons (ArcGIS). E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1, Maintain buffers to achieve a high filtration efficiency of surface runoff. 2, Avoid permanent or unnecessary disturbance within buffer areas. 3, Maintain existing indigenous vegetation within buffer areas. 1'he, m��os�dctimti)rpiih�rs this olicy. The applicant is proposing 100' wide wetland buffers from the eastern wetland system boundary, the wetland bordering the west property line, and the two wetland systems in the south and southwest of the property. Buffers between wetland and upland areas provide many functions and values. Wetland buffer widths from 50 -100 feet are typically recommended to protect water quality and buffer widths of 100 to 350 feet or more are recommended to provide important wildlife functions. Wetland buffer widths assume that a buffer is vegetated with a ii�itive,pjpw cojufiiwjih, necessary to provide adequate buffer functions. If a buffer (existing or otherwise) is sparsely vegetated, grass, or dominated by invasive species,the buffer should be enhanced with appropriate native species or widened. It is important to note that improving buffer vegetation (species composition and 10 percent cover) is more effective in maintaining and/or enhancing buffer values and functions than merely widening the buffer. It is also important to recognize that most nitrogen (N) enters surface waters through surface flow and groundwater by leaching nitrates (NO3). Plant uptake does not result in the significant,permanent removal of nitrogen and plants need to be harvested and removed from site, Otherwise N returns to the system when the plants die and decay. The 100' wide wetland/vegetated buffers proposed should include existing hardwoods and understory vegetation to further the purpose of Chapter 275 Wetlands and Shorelines of the Southold Town Code, this policy and provide denitrification and pathogen contairunent functions. The vegetated buffers should be designed to provide the following functions and values: 1. Provide denitrification and nutrient uptake 2. Slow water runoff and enhance infiltration 3. Trap pollutants in surface runoff 4. Trap pollutants in subsurface flow 5. Stabilize soils To maintain the effectiveness of the vegetated buffers, the following should be considered in a covenant: 1. Wetland vegetation within the vegetated buffers should remain undisturbed, 2. Non-wetland vegetation (except trees and shrubs) should be mowed during and at the end of the growing season and removed from site to maximize N removal. Grass filtration strips that are frequently mowed with the cuttings mulched or removed from site could be established. 3. Remove paddocks and fence vegetated buffer areas to avoid use by animals where practicable, Policy 9.2 Protect and provide public visual access to coastal lands and waters from public sites and transportation routes where physically practical. A. Avoid loss of existing visual access I Limit physical blockage of existing visual access by development or activities due to the scale, design, location., or type structures. See discussion for Policy 3 beginning on Page 3 above. 4, Use Community Preservation Project Plan funds to obtain scenic easements to protect key scenic vistas,from transportation corridors and other public sites. This policy has been met with the purchase of development rights on SCTM4 1000-19.-1-1.4 by the Town in 2002 for the preservation of scenic qualities associated with open space. R Minimize adverse impact on visual access. 2. Use structural design and building siting techniques to preserve or retain visual access and minimize obstruction of views. See discussion in Policy 3 beginning on Page 3 above. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. The LW_" identifies Hallock Bay as an important social and economic asset to the community. Well known for shellfishing, commercial and recreational harvesting, the waterbody contributes significantly to the economy of the Town and region. Continued LISC of the resources depends on iijaintaining the lolig-term health and ................ ghqjgrice of marinefisheries resources and their habitats. Ensuring that the ..................................... ................................... resources are sustained in usable abundance and diversity for future generations requires the active management of marine fisheries, protection and conservation of habitat, restoration of habitats in areas where they have been degraded, and maintenance of water quality at a level that will foster occurrence and abundance of living marine resources to provide valuable recreational experiences and viable business opportunities for commercial and recreational fisheries (LWRP). Ll.wj)jewos'ed use is comislow with this p)olicY_, however, agricultural management practices developed to reduce potential pathogen and nutrient loading into Narrow River/Hallock Bay should be implemented to further this policy. Policy 12.1 Protect agricultural landsftom conversion to other land uses. A. Avoid conversion of agricultural lands to non-agricultural uses. _Hle P!9flo�C tio-111, I'Ll n q I leas (h is.11(j i cy and the Town goals to retain agricultural lands in large contiguous blocks. Policy 12.2 Establish and maintain favorable conditions which support existing or promote new coastal agricultural production. Loss of agricultural lands is often exacerbated by conditions that reduce the profitability of farming, such as high costs related to land, labor, and utilities. Creating a favorable economic environment to support agriculture is an important component in ensuring that agriculture is sustained in Southold. Avoidance of activities that would alter market conditions also is a consideration. The ILI fiollo-wing, 12 standards should be used to guide decisions that might impact on agricultural production. R Support acquisition of development rights of agricultural lands. The PLOp 0 s_q meets action eets this rmlicv. Development rights were purchased on 29.5 acres of the parcel (SCTM# 1000-19.-1-1.4) by the Town in 2002. The preservation of scenic qualities associated with the open space values on the property was identified within the agreement. Policy 12.4 Preserve scenic and open space values associated with the Town's agricultural lands. Scenic and open space values associated with agricultural lands should be protected Farming, as an element of landscape, makes a particularly important and dominant contribution to the community character of the Town of Southold. It must be recognized that visual and open space qualities are reliant on an active and viable agricultural industry. This requires that farmers be allowed the flexibility to farm in an economically viable fashion, incorporating modern techniques and farm operations, as well as farm structures. B. Allow farms to operate using appropriate modern techniques and structures. J'L1q-J t1 actioll leis L)ohsv, however, due to the location and size of the proposed agricultural barn there are concerns that the scenic views from public roadways could be impeded. It is difficult to assess the level of impediment (if any) without a photographic visual impact study and whether an alternative location or re-orientation of the agricultural barn would better preserve open space values. Please contact me at (631) 765-1938 if you have any questions regarding the above. Cc: Brian Cummings, Planner 13 NEW YORK STPNE DEPARTMEN'T" OF IENVIR0IV0VIEINTAL CONSE:@IRVAT'101114 Dwsian of snorormnentm 6)ervnts,F%,eoon mi SUNY 100 Su)ny Brcok,50 Orde Road,Mow v Brook,t,JY IT790 IP!�631)44-4 036S 1 F�00)444-0360 wwwCA ec,nygov May 1, 2019 Fresh & Co. Farm LLC 315 Madison Ave., RM 1501 New York, NY 10017 Re: Permit No. 1-4738-03952/00003 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit for the referenced activity. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather and a Notice of Commencement/Completion of Construction. Please note, the permit sign and Notice of Commencement/Completion of Construction form are sent to either the permittee or the facility application contact, not both. Si 'I G z rely, Susan V. Ackerman Regional Permit Administrator SVA/Is Ah Saisma N EAN' Y 0 R K S1 A H� D F�PA,1Z F11 E'N'] 0 V EX V I R 0 NAI E\1 AL (A) FaIHMN DU,C 11) 1 4738-03952 PERMIT Under the Environmental Conservation Lavy (1m"'(-T) Permittee and Facility In forma tion Permit Issued 'I'w Facility: FRESH&COF ARM 1-1-C FRESH&COFARM, 1.,LC 1.)ROPERTY 315 MADISON AVE R.M 1501 284110 MATT RD (1 .TE 25) @ NARROW RIVER. RJ)j SCTMM-4 1000-1-1-1. 1A NF-,W YORK, NY 10017 ORIENT, NY 1195 7 Facility Application Contact: PATRICIA C' MOORE ,51020 MAIN RD S011.111()LD, NY 11971 (631) 765-4330 Facility Location. in SOUTHOLD in S(..IFF(.)I...K COUNTY Village- Orient Faeflity Principal Reference Point: N YTM-1,"- 728,089 NYTWM 4558.869 L,afitude-' 41'08'56.7" 1,ongitu& 72'16'55.0" 11'rojcd 1jocation: 28410 Main Road Authorized Activityr Construction of a new barn, dirt road and greenhousebl. COT1f()TTy,1.an(.,.e vvith.the auacl.ied plans pr(pay.ed Thy Je.fl'rey 'J.', Bufltsr dated 3-22-201.7 and 1asL revised 3-21-2019 (shects I &2) and stamped N YSDEC approved.on May L, 2019. Note� No pery nit is necessary under Freshwater wedands 6NYCRR, Part 663,4(d)(9) "C*(.)n.ducfing an agricultural activity, as defined 1rn the act or section 663,2 ofthis Part" is Hsted as an exernpt activny,. Ilart 663,2(c)(ix) 'erecting structures, includingfiences, reqifted to enhance or mainlain the agricultural liroductivity of thc Jan(J". Permit Authorizations Tidal W(nmlwids Underkrfide 25 flenrit F-) Y-47)8-03952/00003 Ne'v 7crluk 1, Dale5/h,"20�9 I�Ixi)rY,,tion ]Jato: 4/K/202,1 11", lay I au D°11 P", in �aµ�IN �'t,��trK S�M�T.F,ll�t'".�°A�'t.�t¢�o-'�➢C,N C�'F t t�t�`"IRON dd�t�; „�AL�u�.Dl�SEIR t IOVM 10001h DEC" 11) 1-4738...03952 �NYSDEC Approval By acceptance of this perrraut, the permittee agrees that the pernAt is contingent upon ,strict enniphance Wh the ECI.,, all applicable regulations, and all conditions included as part of this pernitm Permit Podnarinr:cstrator; SUSAN ACKER1" AN, Regional Permit Administrator Address: NYSDEC Region 1 Headquarters SUNY @ Stony BrookJ50 Circle R.d Stony Brook, 7 409 Aulhorzzed Signature: date PATRICIADistribution List C% MC ORE Marine Habitat Protection SUSAN ACKERIVIANT Perimit Components NATt1 >L RESO-URCE PERMIT CONDITIONS (.id';Nd^;t~tAL t,Op"^tDlt">C'll:ONS, AdoPd:.., IT) ALl-., n,tJ Fl01�1ZED PER ✓dFFS l C't'd`d➢^'>L'(,'A1" 0N O;F 01"lLlGt:;,1P, PERMITTEE 013LIGAT. .)�l' S '1J R.A l., RESOURCE PERMIT U):Z" lbw I TM - Appdy to the F14 Wn g t. Post Permit Su rr. The pscamit ~:d.p n enc,Qc,, ed ~&vRh udads .l:ocT°naaadt sliaaafl be dr<na al W G:a coarrsspnnc°.a.ro:ru s docWo n on the worksite., anacl�.aad.e(poaA tel�' pro Iocte d firo:arra ffie vreaather. 1 Notice of Corrrmm encenacul Al po.::�aA 48 boas prior 1) c,on'ounweera enat o.f`We pra:°Rpcc; the p.nermdu.ce as 1 coanrt uc,to.or shaodd sigi and rratuwn We top porkm o Fthu e nclor,as"i ncatadio.wi¢:nnan daa ni =Qda ; that they a:aro.; lad ly a% are ofaanad aaardcr rr.n d all tenins and crolacfil.Ons oftl.is perxnall Withnn :30 ¢'] a s of o,:o:an�iple don of prQc^cq the, boattorn pacarfio n a' F the, .form a..a�noast odsoa be rn>,gned and rehra°rrel tong NvRh d.alawardta°aaphs of dw. c°onrnrptete d work. 3., No C::onomrstm•ue don 1khrds in V'c°6.hnd or .o dbicent Area Aa y dehfis or e c.css iruaterial From construedan of this prroa:ect Maaadl beo;ornplai dy a•cr-rrcwrd ircan 1.)I c o.adoo.c.uH amar (a.upadaa A) and raumoaw°rcwd for an approved capdaanad. amu Ar dbpnoaW 10o°r d b is is dresITWUM d.:uaa wellaaurds tannodW protected buoffir areas. Am dmk%w NEW YORK Stt�, CONSERVATION 1114W FudMy DEXAD 1-4738 03952 4. No Disturbance to Vegetated TidalWetlauds There shall be no disturbance to vegetated tidal weti,,irads or protected buffer areas as a result of the permitted activities, �. Storage of Equipment, Materials The storage of construction eqUi[)fr1ellt and rnaterials shall be confined within tile project work areaand/or upland areasgreater than 75 linear feet froni the tidal wetland bOUridary, 6. No Unauthorized Fill No 1.7ill or backfill is authorized by this permit without Further written. approval Frotn the department (pormit, modification, amendmen.t). 7. Install, Maintain Erosion Controls Necessary erosion COIAL-01 Measures, i.e., straw bates, silt fencing, et(:;., are to be placed on the downslope edge of any disturbed, area. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is, established, 8. Maintain Erosion Controls All erosion control devices shall be maintained in good and fril-ictional condition until the project has been completed and the area.has beMstabilized. (). Restrictions All rnallUrC I)ile.S U11d Used livestock bedding must.be kep a ininirnain Of l 00' frorn an), freshwater or tidal wetlarid, areas and must be prmlented from. entering wetlands or surface waters. 10. Seeding Existing cleared/disturbed areas within the "vegetated buff&` areas, as shown on approvcd plans, should he seeded with a native seed rnix and idlowed to revert to nalural, Buffers rnay be inowed once a year. i i. Buffers BufCcirs shall be fenced so as to prevent livestock frown grazing in there,, .12. State Not Liable for Maalae The State of'New Yolk shall in no case be liable for any darnage or injury to [tic saucture car work herein authorized which rnay be caused by or result train future operations undertaken by the State liar the conservation or improvey-i'lent of navigation, or for other purposes, and no clairn or riollt to com Pell Sari on shall accrue from any such damage. 13. State rvIav Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein a uthorized. or if', in the opinion of the Depar.-trileni of Environmental Conservation itsh,.,ill cause unreasonable obstruction to the free navigation of'said waters or flood flows or endangff tile licalth, safety or wc1l'are Of the PeOr)10 Of the State, Or CUlse loss or destnwti on of the natliral r'CSOUrces of the State, the owner niaybe ordered 'by tile Department to rernove or alter the silructural work, obstrauflons, or hazards caused thereby v,,ithorit expense to the "itatc, and if, upon the eNpiration or revocation of this pen-nit, the sh-ndurc, fill, excavation, or other Modification of the watereourse hereby,allthorized shall not be completed, the owners, shati, without expense to the State, and. to such extent and in such fline and manner as the Depainrient of Envitonrilental Conservation may require, ren),(,we all or any portion ofthe uncompleted structure or fili and restore to its foriner condItion the navigabic rind flood capacity of the watercourse. No clairn sl:mall be nradle against [lie State ol"Ne\v York oil accorint ofan.y such reirioval oralteration. flare 3 of6 r_1 aft NEAVYORK STAIT (..."ONSERVATION Vadhity DEC 11) 1-4739-409-52 14, State May Require Site Restoration 11"upon the expiration or revocation ofthis permit, the project hereby authorized has not been completed, the applicant shall,without expense to the State, and to Stich extent and in such time and manner as the Department of Environmental Conservation may lawfully require, rernove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No clairn shall be made against the State of New York oil account of any such removal or alteration. is. Conformance With Plans All activities authorized by this permit must be in strict confunniance with the approved plans submitted by the applicant or applicant's agent as part ofthe permit application. Such approved plans were prepared by.JeffreyT. Butler 3-22-2017, last revised 3-21-2019 (sheets I & 2) and stamped NYSDEC approved on Nlay 1, 2019. 16, Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious inaterials associa red with the project. GENERAL CONDITIONS - Apply to ALL Authorized Permitss: .................._ ......................-1-1111, P I, Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspect i'on at reasonable hours and intervals by an authorized representative of the Department of Erivirorunental Conservation (the Department) to determine whether the pennittee is complying witty this perrnit and the ECL Such representative may order the work suspended pursuant to ECL 71- 0301 and SATIA 401(3), 'I'lie pertnittee shatl provide a person to accompany the Departinent's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced rriaps, drawings and special conditions, niust be available for inspection by the Department at all 11 times at the pro.ject site or facility, 1"alliffe to produce a copy of" the permit upon request by Depatirnerit representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Departi-nent, issuance ofthis permit does not modify. supersede or rescind any order or determination previously isstied by the Department orany of the terms, conditions or reClUirenients contained in Such order or determination. ll),age 4of 6 Aft WINNOW NEW YORK CON-�Fkl,ATION Taw Vacifityl-)E'CAD 1 4738-03952 3. Applications For Permit Renewals,Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal,modification or transfer granted by the Department must be in writing. Submission of applications for perrnit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC Region I Headquarters SUNY @, Stony BTookJ50 Circle Rd Stony Brook,NYI 1790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations-, Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permiltee to comply with any terms or conditions of the pe tit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions,relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation La,,Ar or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 5 46 I Am 'R"fir YORN ST. TF" Di., AI t`.VtII<',N;,.t.a O_FF.N'Vlk)tl ONMIC ll",N'Teal,CONSERVATION FaeflftY EPVt.°.0 tt.) 1 4738...03952 .... . TIFICATI N .( F O E FE IT'T ._ .. _._ fir., ... Item Ar Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Enviro -rental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee°s acts or omissions in connection with the pe ittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit, This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions,issions, car to any claim-s, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Lam=s and Pules or any citizen suit or civil rights provision under federal or state lavas, Item er i tee's Contractors to Comply ply it er it The permittee is responsible for informing its .independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the pe ittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Lava as those prescribed for the permittee. Item Ca Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals,lands, easements and rights-of- way ights-ofway that may be required to carry out the activities that are authorized by this pe -it, Item Right to Trespass or Interfere with iparia Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perforin the permitted work nor does it authorize the impairment rat` any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Paged rd'ti NONCE OF COMMENCEMEN"i"OF CONSTRUCTIlON RETURN THIS FORM TO:COMPLIANCE Or Fax to. 631-444-0297 Bureau of Marine Habitat Protection-NYSDEC is 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER: .........- ____ __ __......... .... .... .... EXPIRATION DATE —_,", ............. -—-__---- PIERMITTEE NAME& PROJECT ADDRESS: .............. CONTRACTOR NAME&ADDRESS. ........ ............... ..... ...........-TELEPHONE ------- Dear&r: Purspant to the special conditions of the referenced permit,you are hereby notified that the authorized activity shall commence on, � We certify that we have read the reference'd permit and approved plans and fully understand the authorized project and all permit conditions, We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plains. We can do so in full compliance with all plan notes and permit conditions. The permit,permit sign, and approved plans will be available at the site for inspection in accordance with General Con6tion No. 1. (Botlin signatures required) PERMITEE DA'rE CONTRACTOR: ...........------------------ DAII ........... THIS NOTICE MUST 13E SENT TO THE ABOVE ADDRESS AT LEAST TWO BAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND/OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line X X X X X X X ............ ........... NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 63IA44-0297 Bureau of Marine Habitat Protection-NYSDEC 50 Circle Rd. Stony Brook, NY 11790-3409 dl PERMIT NUMBER: .................. ..................EXPIRATION DATE:...... .............................. ......... PERMITTEE NAME&PROJECT ADDRESS: .................................... ---------------------- . ............ ................................ CONTRACTOR NAME& ADDRESS: TEL EIPHON E, Pursuant to special conditions of the referenced permit, you are hereby notified that the authorized activity was completed on ..... We have fully complied with the terms and conditions of the permit and approved plans, ('Both signatures required) PERMITEE MVIT CONTRACTOR: DA 1"c 7 ........... THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORKANDIORA COMPLETED SURVEY,ASAPPROPRIATE, MUSTBE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. w cp 13 cc yu VI wen co w & U m) mm uw to cc, a,p W .. Ef 'µ „ LAI " U I „� � 'I „��„�� w ..a4Z, c °l 0 0 $ �. CL ct: IT ; N ... �3 -. nrocINH„lAREA COVrenrr y e s� 4480 sir -40 P 1-1)1A 4v i na wonx�M unsn�� .A i.arnnG2L��P NO ALL. art ' u . " • � t � �\� � ,,,.:" � ° ,� �ntcra or urs�nutwnn, a. raD ler ear nor� � . IAaIpr, ex!I=, -- i IT y i r w a r �Pr�l Al J,� °Ari A 0,4in.i JOY ti et "4 —`ij k.. - .. a 'IPF u. w _ kE Off ,stt"R3 r �m IFF 1)' C112 U N Fof 1 I k IF"t(, I11" ra ai u+.hrnr� ,sn rv.r ti.„^ 4 t� m , 2 _ ED From: Ambriel Floyd Bostic <amlbrielfloyd ca gmail.com> ` Sent: Monday, October 19, 2020 12:58 PIM , G To: Lanza, Heather CC: Reed Super sound 6[iflo—w-n" Subject: Fwd: Fresh&Co Farm 1-4738-03952/'00003 ., aar6ninBoard.... . _....__._ ' ,Attachments: Response to Comments FRESH &CO 2019.docx; 3050_001.pdf, 3049_001.pdf Dear Heather, Thank you for taking the time to speak with me last week. I am hoping to clarify a couple of points I brought up during our discussion and am attaching here a few things from the New York State Department of Environmental Conservation. One of the letters is a response to public comment and one of the letters outlines conditions under which DEC issued a permit. There are two things here that concern me as a matter of compliance. I think even a quick read of the DEC conditions makes it obvious 'Tenedios is not following best practices as outlined in the letter. 1. As Pat Moore discussed in the public hearing, Tenedios is applying manure to crops. In the letter addressing public comment, the DEC writes: "However, the applicant has indicated that all manure and animal bedding from the barn will be collected and removed from the site. Special condition #9 of the DEC Permit states that all manure piles and used livestock bedding must be kept a minimum of 100 feet from any freshwater or tidal wetlands and must be prevented from entering the wetland or surface wate rs." 2. DEC requires vegetated buffers along wetlands to be fenced in so that animals may not graze in the areas where buffers are to be cultivated. It is my understanding the fencing needs to keep animals away from the buffers and the buffers need to be a particular distance from wetlands. (I believe the planning board gave different distances than DEC.) It is not clear to me that the fencing on the property addresses that requirement fully. In particular, it is not clear there is a large enough buffer near the culverts (during high tides and storms much of the land near culverts is under water), the inland wetland areas, and I do not believe there is a large enough buffer at the parameter of the property by Narrow River Road. Please review the DEC documents attached. I suppose that to grant any change to the plain DEC approved, Tenedios would need to go back to the DEC with the new location. I can't imagine moving forward without taking that step. In a separate email, I will send some photos that show, very clearly, how much this property is a part of the natural tidal flow of Narrow River. Please also refer to these photos when considering whether or not the current landowner has upheld best practices. am writing on behalf of a grassroots organization called IFriends. of Narrow River, as well as my husband and myself. Thank you for taking the time to read through the attached documents and consider my email. I will follow up with another email and attach photos. Warmly, Ambriel Floyd Bostic ---------- Forwarded message --------- From: Reed Super <LLLegN,' jf.,�Lipc 1-1—0 V> From: Ackerman, Sue (DEC) <sue.ackerai 11 Y, lee, Date: Tue, May 7, 2019 at 8:25 AM Subject: Fresh&Co Farm 1-4738-039,52/00003 To: Ned(d)SUj,-2er1qwg,!'oup.corn <reecLfjj��sem— wgzl > Thank you for taking the time to meet with DEC staff to discuss your concerns related to the permit referenced above. As you can see from the attached Response to Comments, the department has made an effort to incorporate the concerns expressed by you and others into the permit. A copy of the permit and approved plan is also enclosed for your information. Thank you for your involvement. Susan Ackerman Regional Permit Administrator NYSDEC–Region 1 Division of Environmental Permits Department of Erivironmental Conservation ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected ernails. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region I SUNY &Stony Brook,50 Circle Road,Stony Brook,NY 11790 P:(631)444-0365 1 F(631)444-0360 www'dec nygov Response to Comments Received May 1, 2019 Interested Party Re: Fresh& Co Farm LLC 28410 Main Road (Route 25) Orient, Suffolk County Construction of new barn and green house Notice of Complete Application NYSDEC # 1-4738-03952/00003 Dear Interested Party: Thank you very much for your interest in the ground and surface water resources of the State of New York and specifically those in the Hamlet of Orient,Narrow River and Hallocks Bay, This project involves the construction of a new barn and greenhouse on the parcel listed above. The principal use of the 34 acre site has been farming for many years and currently it is an Agricultural Development Rights Restricted Parcel which can only be used for agriculture. The New York State Department of Environmental Conservation (DEC) has jurisdiction under the Environmental Conservation Law of New York, specifically Article 25, Tidal Wetlands Act. Please note that DEC does not regulate these activities under the Article 24, Freshwater Wetlands because 6NYCRR Part 663.4(d)(9) states that"Conducting an agricultural activity, as defined in the act or section 663.2 of this part is listed as an exempt activity." In addition,this action is a Type 11 Action under the State Environmental Quality Review Act in accordance with 6NYCRR Part 617.5(4). We have received comments from many parties with regard to this proposal. The comments centered around concern that the permitting of these structures may increase the number of animals at the farm and if careful animal husbandry practices are not followed there could be impacts to local water resources. After careful review of the application, DEC finds that many issues of concern are addressed in both the permit application and in the DEC Permit: 1. The plans submitted by the applicant and approved by DEC show that care will be taken to direct roof runoff from both new structures to groundwater. These storm drainage systems are designed to absorb stormwater in the vicinity of the structures and minimize pooling of stormwater and runoff toward the wetlands. 14 Er P1 V YORK � ocpartnumt of W"W'10101y Environmental Conservation 2. The comments received include concerns about controlling manure from the animals at the farm and possible adverse impacts to water quality. DEC wetland regulations do not regulate the number or kinds of animals which can be kept at the farm. However, the applicant has indicated that all manure and animal bedding from the barn will be collected and removed from the site. Special condition 49 of the DEC Permit states that all manure piles and used livestock bedding must be kept a minimum of 100 feet from any freshwater or tidal wetlands and must be prevented from entering the wetland or surface waters. 3. In addition, the plans show buffer areas around the wetlands. Special condition 411 of the DEC Permit states that buffer areas must be fenced to prevent livestock from grazing in these areas. This will prevent manure from being deposited near the wetlands. A copy of the permit and the approved plan has been enclosed with this letter for your information. We hope that this letter adequately explains our position and assures you that we are vigilant in our responsibility to protect the water resources of the Hamlet of Orient. Thank you again for your interest. Sincerely, Susan Ackerman Regional Permit Administrator Cc NEW YORK S�'ATE DEPARTMIE.-'11114T CII::: E NVIII RON M1E::::NTA1L COINSET RVAT1110N DWIslon of Erivironmental Perynks,Reg: on I SUNY Cu)Stony Brook,50 Circle Road,Steny Brook,NY 11790 P:((x31)444...07365 I F:(631)444-0360 www.ckec.ny.gov May 1, 2019 Fresh & Co. Farm LLC 315 Madison Ave., RM 1501 New York, NY 10017 Re: Permit No. 1-4738-03952/00003 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit for the referenced activity. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather and a Notice of Commencement/Completion of Construction. Please note, the permit sign and Notice of Commencement/Completion of Construction form are sent to either the permittee or the facility application contact, not both. SINC(Ply, ti ,,usan V. Ackerman Regional Permit Administrator SVA/Ie.. , x.,, lrm'vurnuirrm,amntr,rells GuilljolvaUoul 11#91h, dbwd \L)V YORK STAA F^f DETARTNIEN"IF C.'ONSFAUVA,HON qW, F,,icAMI, DF(l It) 1-4738-63952 PERMIT 'Under the Enviroyiniental Conservation-1-4vw (E(.",1 Permittee and Facility Information Permit Issued To. Facility: FR11SH&C.FARM I,I,C FRESH&COFARM, 11C PROPER TY 315 MADISO'NT AVE RM 1501 28410 MAIN RD (RTE 25) @-N'ARROW RIVER RDISCTM# 1000-19-1-1,3 & 1A NEW YORK,NY 1001.7 ORIENT, NY 11957 Facility Application Contact- PATRICIA C MOORE 51020 MAIN RD SOUTHOLD,NY 11971 (631) 765-4330 Facility Location: in SCOTT OLD in SUI-'FOLK COUNTY Village: Orient Facility Principal Reference Point: NYTM-E. 728.089 T\IYTM-N: 4558.869 Latitude. 41'08'56.7" Longitude; 72'16"55.0" Project Location� 28410MainRoad Authorized Activity- Construction of a new barn, dirt road and greenhouse in conformance with the attached plans prepared by Jeffrey T. Butler dated 3-22-2017 and last revised 3-21-2019 (sheets 1. &2) and stamped NYSDEC approved on May 1, 2019. Note: No permit is necessary under Freshwater wetlands 6NYCR'R Part 663.4(d)(9) "Conducting an agricultural activity, as defined in the act or section 663.2 of this Part" is listed as an exempt activity. Part 663.2(c)(ix) "erecting structures, including fences,required to enhance or maintain the agricultural productivity of the land". Permit Authorizations Tida[ Wetlands - Under Article 25 Pem-.�it 11) 1 -4738-03052/00003) 1\ ew JPa,rinil 11-11'ectiveDalc� 5/1/2019 1,xpilra�ion 4/30/,,�o'-14 I of 6 AM dabod NEIN ' ttKSTA"'lEr DEPAR`ll'G"wtENT OF ENVt1f O Ntt4,N'll AL,C;ONSCt^RVAT'tON Faeflity DECI tt) 1-4738-03952 NYSDEC .Approwd .. m. .,.,,....._,._.. _.. ............ _ By acceptance of this permit, the permittee agrees that the permit is contingent upon strut compliance with the ECL, all applicable regulations, and all conditions included as part aft is permit. Permit Administrator: SUSAN AC AN, Regional Permit Administrator Address: NYSDEC Region 1 Headquarters SUNY @ Stony BrookI50 Circle Rd Stony Brook,IVY 117 0 -3409 Authorized Siaturee . . .. �. Date tea/ 1 ...........-'-"",........... Distribution List PATRICIA C; MOORE Marine Habitat Protection SUSAN AC AN .----- ....�...._— P fir°ti t t pouerits NATURAL RESOURCE PERMIT CONDITIONS I:iIA<IwIERA;I, C()NDFJ...-'l0NS, APPI.,Y'1`0 ALL, Al T'110RIZED 1?12:MI"I'S NO Il"1CATION OF OTHER IIia;Rl" I "I'Ef' OBI:.I[GrA.'1`10114S° _ .�. ARA � RESOURCE PERMIT IT t"OND rI - ply to time Following �Permits:t TwIDA �'rl-A t. Post IPermit Sign. 1"he permit s:ignn e nck-.)sed with this, permm� t shall be posted in ,-t conspia:a.rmrr.S location on tl[he worksite and adequately protected 1-rorn the weather. 2, Notice of C orninerncemrment At lcras$t 48 .110UYS, prior to commi.mnnenn.c°emenn.t of the pm'mJect,the pernrdttee and contractor shall signand retmnTu the top [mi-fi nnn of 11lne en(.'.1oS'L..11ofi ficat.io n forrmn certl.ifyfil ng that tlrty are l°tnlly aware ofand a:urndcrstarnd all tc rr ns a nd co nditionnms of this l)crrnrnic Within 30 days ofccnrmn [eflor-n ofprgject, the bo ttorrm portlo n.of the form nniust also be signedand d rmtcmmed, along with photographs of the Completed Work. 3, No Construction Debris in Wetland or Adjacent Area Any clebtis or excess mnate:rual l'ronm c o nstrtnclion'a of this protect shall be co mpletel.l, rerrncmved from the adjacent area (mnplarrnd) and removed owed to an approved rnpl4:arnd.area For disposal., No debris las Gnennnitted flnn mfetlanncls and/or protected l)callelm anr�ans AM "bWa NEW Y()Rk.STATE DEF"Aii�umuINTOF ENVIRONMENTAL CONSERVATION lqw Facility DEC 1113 1-4738 013952 4. No Disturbance to Vegetated 'ridal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities, 5. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. 6. No Unauthorized Fill No fill or backfill is authorized by this permit without further written approval fro rn the department (permit,modification, amendment). �. Install, Maintain Erosion Controls Necessary erosion control measures, i.e., straw bales, silt fencing, etc., are to be placed on the downslope edge of any disturbed area. This sedirnent harrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until. thick vegetative cover is established. 8. Maintain Erosion Controls All erosion control devices shall be maintained in good and functional condition until the project has been completed and the area has been stabilized. 9. Restrictions All manure piles and used livestock bedding must be kep a miDirnum of I 0' fro any freshwater or tidal wetland areas and must be prevented from entering wetlands or surface waters. 10. Seeding Existing cleared/disturbed areas within the "vegetated buffer" areas, as shown on approved plans, should be seeded with a native seed mix and allowed to revert to natural. Buffers may be mowed once a year. 11. Buffers Buffers shall be fenced so as to prevent livestock from grazing in them, n. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such dawage. 11 State May Order Removal or Alteration of or If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State,the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon th�e expiration of revocation of this permit,the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all of any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. Page ;3 of 6 daNEW YORK S'rA,rE 1)�El"AR'TNTEN'I'OF' ENViftONMEN'I'Al..CONSERVATION 1%QW Facility DEC ID 1-4738-03952 14. State May Require Site Restoration If upon the expiration or revocation of this permit,the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or mmy portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 15. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Jeffrey T. Butler 3-22-2017, last revised 3-21-2019 (sheets I &2) and stamped NYSDEC approved on May 1, 2019. 16. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings,paints, concrete, leachate or any other environmentally deleterious materials associated with the project. GENERAL CONDITIONS - Apply to ALL Authorized Permits: ---------- ................................................................ .......... ..............................-- ------------------------------------- .......... j. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Enviroru-nental Conservation (the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SADA 401(3), The pcnnittec shall provide a person to accompany the Department's representative during an inspection to the pen-nit area when requested by the Department. A copy of this permit, including all referenced reaps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship oft is Permit to they Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any oft e terms, conditions or requirements contained in such order or determination. P:-wge 4 ot'6 AM dafto NEWYORK STATE DEPAit'I'INIENI"'OP' ENVIIIOINMEN,rAL CONSERVATION MW Facility DEC ID 1-41138-03952 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSEC Region I Headquarters SUNY ,(d ,) Stony BrookJ50 Circle Rd Stony Brook, NY1 1790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before perinit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this pe lit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; c. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environrnental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. P�.sge 5 of'6 AM dakEd NEW YORK.STATE E Dt PAR Mt,N OF t,,NvtRt;NNME1i"- AL CONS ta,RVA"t IO ]r'aefllity DEC 1D 1,-473 -0395 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS �. ._..... ......... .. . ..........r Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, d agents ("DEC") for all claims, suits, actions, and damages,to the extent attributable to the e ittee's acts oromissions in connection with the pe ittee's undertaking of activities in connection with, or operation and maintenance of,the facility or facilities authorized by the permit whether i compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to EC's own negligent or intentional acts oromissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item te ' tractors to Comply with e The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit,including all special conditions while acting as the pe ittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the e ittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item o Right to Trespass or Interfere with i Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the ipainnent of any rights,title, or interest in real orpersonal property held or vested in a person not a party to the permit. Page 6 of 6 NO'1110E OF COMMENCEMENT OF CONSTRUCTION ............. ..... ................. RETURN THIS FORM TO:COMPLIANCE Or Fax to. 531-444-0297 Bureau of Marine Habitat Protection-NYSIDEC a 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER: EXPIRATICN DATE: IPERMITTEIE NAME&PROJECT ADDIRES&, ------- .. ......... CONTRACTOR NAME&ADDRESS: ..........-................. ,-TELEPIiONE:Ill'........,,--,,,—"--,.."",—..,,,,,,,,-,,,,—".....—I Dear Sir: ....... Puirspant to the special conditions of the referenced permit,you are hereby notified that the authorized activity shall commence on . We certify that vve have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions.The permit,permit sign, and approved plans will be available at the site for inspection in accordance with General Condition No. 1. (Both signatures required) PERM ITE E DAI CONTRACTOR: THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND/OR ANY A SSOCIA TED A CTIVI TIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE ANDIOR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line X N X X X X X NOTICE OF COMPLETION OF CONSTRUCTION ...................... RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631444-0297 Bureau of Marine Habirtat Protection -NYSDEG 50 Circle Rd. Stony Brook, NY 11790-3409 Now PERMIT NUMBER: PXPIRATION DATE: -------------------------------------- PERMITTEE NAME&PROJECT ADDRESS: CONTRACTOR NAME&ADDRESS: ........................._...... .----TELEPHONE:-____ ...... ......... ....................... Pursuant to special Conditions of the referenced permit you are hereby notified that the authorized activity was completed on .....................W-.......... We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE: ------- DATE__ ....... CONTRACTOR: DA l THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK ANDIOR A COMPLETED SURVEY,AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. I, Ln = 4-0 LU 4- M W U Lo 40, CL 0 c u V) V " IIS 76 C u Po - - _ 0 ,,, 0 c Pp... LU < � � LU �� w�u CD z 0 0 4-J CL w,,,, CL W 0 iBLU( A'VA COI HA[F 11,. f 1 II/.4 Ut X �IIM1I DT,gN e�tl0 „ O Y w r� N F"C /J k y C v S1'ixtl 11 PJ LN•1.3�NL;va v+,..... n.ri .xt_.. — _ F 9 0 ' r — '� or wuaF, w - ry A16IAn1 DI:Gli8hN<i'. 71ue � t �r "fin y � �• �',�i;ti ;,, 1 ti m c,� IN �" „. VIA Al � z m 7 _ ,1RTIA I I FLAN h AR I AL I �F'AN � .�._ �✓I F a�I vrr AN .a '..:. ✓_�— `,;”" fF r ..mmdro, oft I � WPLCDJOY SEE— y I $ Q tu��„ ^��"` � i B00'L72 A480�Bt7 ;• gyp, ��R § ... ` .. U a+ a E pp y6{,J I tai i(f�-P1 IFI hT�(>�i D p g n .x, n ,tivfk�'w'Y IC J,rPFfiIFIIMTI J�V . ..,,,tin z - I° • 66 '°" A'{'P, 1, .... � �ru�(.'A.�, �d rv„ury a, _ HrI 9 ` [H-1 da _— Nsif m, o,.a, •t e 'P I >I I I I' P AN Q K 1 Sp F' r 2 From: Ambriel Floyd Bostic <ambrielfloyd@gmail.com> Sent: Monday, October 19, 2020 1:S9 PM To: Lanza, Heather _.RECEIVED Cc: Reed Superi 1l 0 2/Subject: Fwd:Tenedious Photos (Compilation) 1,13 Attachments: IMG_1693.movuaadDk rOW1 `�` I:'B aror ing Boar Dear Heather, I beleive you have these photos on file from earlier emails, but I wanted to resend just a few for the planning board to consdier when reviewing the current Tenedios application. I hope viewing examples of water flow into the property, very near where animals live and where, in theory, manure is placed on crops, convinces members to further consider the conditions set forth by the DEC and whether or note the applicant is meeting those conditions. I would also hope the photos remind everyone making decisions about the future of this area how very closely linked it is to Narrow River. Please share with the committee. Thank you, Ambriel Bostic October 12, 2019- These photos were forwarded to the planning board, I believe. They show the easy flow of water from teh Tenedios property to Narrow River. � Yy �, ,re•G fr�� Irl l Ny a F o r i , January 21st 2019- The attached photos and a video were forwarded to the planning board at the time. In them, as in others taken over the course of the last year, you can see water from the Tenedios property crossing over Narrow River Road and flowing into Narrow River directly. Please note the area around the cluvert has a good amount of standing well into the property and close to fencing. The attached movie also shows transfer of water at the border of the property near Main Road. 1 / n l ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. From: Barbara Friedman <barbara@weilfriedmanarchitects.com> "" Sent: Monday, October 19, 2020 7:52 AM ""' To: Lanza, Heather �' Subject: Tenedios Barn [,� ] ��. �'� � �!r � Dear Ms. Lanza, .....,ao._....i„fre7ic � !�� afle . .. ... We continue to be concerned about the construction of the large barn on the Tenedios property (SCTM 1000- 19-2,3 &12.2). The increase in livestock associated with this structure poses a threat to the health of Narrow River and Hallocks Bay. This site is too close, and its elevation too low to prevent significant amounts of animal waste from being washed into the river and bay in a storm surge or flood. This river and bay are important natural resources that must be protected. Regards, Barbara Friedman and Josh Nefsky 835 Halyoke Avenue PO Box 11 Orient,NY 11957 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. From: Helen Hooke <hellenlhooke@gmaiil.com> Sent: Friday, October 16, 2020 3:42 PM To: Lanza, Heather; pcmoore@mooreattys.com Cc: Colleen McDonough;John Sabatino; Linda Sabatino; Chiqui Cartagena; Jennifer Knight Subject: The Tenedios Barn Project on (Narrow River Road Attachments: 20201016 response of adjoining property owners re Tenechos Farm proposal.pdf Re: Tenedios Farm SCTM: 1000-19-1-1.4 ... .� [,Z',..n ..._.. .El D 28410 NYS Route 25 s/w corner of Narrow River Road & Route 25, Orient From: ,r:uln :irb.,1.. . n Nanning Board • Colleen McDonough and Helen Hooke - 27752 Main Road, Orient .�__. ...� .��.m�_..... • Maria Cartagena and Jennifer Knight - 27754 Main Road, Orient • John and Linda Sabatino - 27756 Main Road, Orient October 16, 2020 The attached letter is signed by all property owners living on Main Road (our homes are on the road designated as Robin Road) with property adjoining the Tenedios Farm owned by Fresh. Farms LLC. This letter is our response to the comments of the Planning Board and Ms. Moore at the October 5 Planning Board Meeting. We have restated our requests, taking those comments into account. As we have the right to be heard,this letter should be made public and our concerns shared with the Planning Board. We want these points to be seriously considered by the Farm, and we ask for a response to each of our 6 requests concerning the barn proposal. Sincerely yours, Helen Hooke ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. October 15, 2020 Town of Southold Planning Board 54375 Main Road P.O. Box 1179 Southold,NY 11971 Patricia Moore, Attorney for Tenedios Farm Dear Planning Board and Ms. Moore, We are the neighboring property owners living on Robin Road,Orient,adjoining the Tenedios property owned by Fresh Farms LLC on Main Road, Orient. We received the certified letter from Patricia Moore informing us of the Planning Board's intention to move the Tenedios barn several hundred feet closer to all of our properties,and we heard her responses to our requests at the October 5 Open Planning Board Meeting. We would like to clarify and restate our requests based on her responses. A very important consideration in all of this is that we are all neighbors,living together on the land, which will,with our good stewardship, survive much longer than we do. So, even though farmers enjoy rules which allow them to build and farm much closer to wetlands,they must still know that they,as well as us,are responsible for the maintenance of our ecosystem,and the beauty and diversity of it. They,as well as us,depend on fresh,clean water, and on the fresh air that the ocean breezes bring us all. They,as well as us,are vulnerable to floods and hurricanes. The wetlands protect us all in the event of a hurricane,and they protect us now from fouling of the fragile Bays that nurture our valuable fishing and shellfish industries. Taking those things into consideration,we realize the importance of good will among us. The Robin Road neighbors of the Tenedios expansion have requests,with the intent of co-existing peacefully and in a sustainable way with the multitude of proposed activities of the"Farm". Regardless of official rules to enforce our requests,we ask the owners of the farm to do the things we ask,so that we can all enjoy a future of sustainability,safety,and good will. 1. With that in nand,we request that a tall border of native Eastern Red Cedar trees be planted on Tenedios property between the fence and the barn, along the line labeled "Vegetated Border". There are currently only a few lone deciduous trees inside the fence in the area that is labeled as"Vegetated Buffer.", The actual vegetation on the survey labeled as "Vegetated Border,"exists only on the other side of the fence, (invasive non-natives like Willows,privet and locusts,covered with vines, climbing roses and Mile-a-minute which will eventually kill the trees; and spreading Japanese Knotweed),and they all die back in the winter, giving the neighbors unobstructed views of the huge new barn so close to them. This new planting would be a very nice gesture of good will on the part of the property owner and would be relatively inexpensive. 2. We request that any lighting on the barn comply with existing regulations concerning dark sky lighting. Currently there is lighting on the existing greenhouse and on the chicken house shining 24 hours a day which is not compliant with dark sky lighting rules. Pols. Moore indicated that the Farm will correct this oversight with current lighting and install covers on the lighting surrounding the barn,so that we don't have bright lights shining in our windows all night the way we do now. We thank you for that. 3. We request that the turn-around area currently designated at the end of the driveway touching on the corner of the wetland not be used for parking vehicles,but that any parking of farm, worker or visitor vehicles be limited to areas close to the egress road. A parking area,with its associated leakage of oils and toxic materials,should be as far away as possible from homes with wells in an area with a very shallow water table and from the designated wetlands. In fact, parking should be far away from wells that supply water for the animals being raised. 4. We would like the town to require that housings be installed to muffle the very loud noises created by the water pumps for wells,currently for irrigation,and in future for water for the animals,on the Tenedios property.These are now near the wetland pond(which by the way is inaccurately represented on the survey)and near the greenhouse. We don't know where any new wells would be located. The neighboring properties constantly endure the deafening sounds of these loud above-ground motors all day along often until 7 PM at night.There is a simple fix—install a muffler or a housing baffle. This could lessen the significant disturbance to the neighbors, and would be a very important indication of the Farm's good will toward us. 5. We request that animal waste be removed frequently,and more frequently if more animals are brought in than are presently on the location. Some of us already smell animal waste from the chicken house which is hundreds more feet away from us. Although Ms. Moore indicated that animal waste is regularly removed from the current operation, a 9,000 square foot barn.is HUGE compared to what is happening currently. We are asking that animal waste be stored as far as possible from our homes and from the fresh water and salt water wetlands on our neighboring properties,and removed more frequently,in proportion to the increase in the number of animals being raised. Animal waste left on the ground in any quantity could foul our wetlands and our Bays in the twinkle of an eye,which would impact the fishing and shellfishing industry and the recreational industry which brings many summer visitors to the area. Please be conscious of this in your planning of use of the barn, as it could impact us all greatly. I heard a representative of Tenedios declare at a'Town Meeting that the urine of animals who are pastured in the fields at Tenedios would"evaporate." You really have to be kidding if you believe this is what happens to most of it. We are basically living on a sandy loam beach here and drainage is super good, which is why the Town is asking people to replace their septic systems at great expense. Why would there be no attention to protecting the Bays from the effect of animal waste which isn't processed at all? Frequent removal is absolutely necessary for so many reasons. We know that Tenedios is using Orient's beauty as a marketing tool in his Fresh Farms restaurants all over the City of New York. I have personally seen the wall-sized Orient posters 2 at several of his many NYC deli-like locations. It would be a shame if Fresh Farms became the fouler of our water and air...instead,how about being able to truly market the"Farm"as using sustainable,safe practices to maintain that fragile beauty and the wetlands—not just showing Pretty Photos. But that means actually doing itw if you are acting with,good will. 6. We have noted that the uses listed for the barn are for storage of equipment and for housing animals. We have been reassured that the barn is not to be used as a slaughterhouse for animals,since that is not an approved use,and would create more chances for contamination of our wells and water supply to the Narrow River. We ask that future plans do not include uses which are not current. As you know,the T'enedios"Farm"is right on the edge of salt water(Narrow River and the wetlands that feed into it,toward which they have now moved their barn closer)and the current small number of existing animals were originally not being managed by"best practices&' which Ms.Moore said were infrequent but which neighbors perceived to be regular. Although Festivals were not an approved use, we have noticed various events taking place, with dozens of cars parked on the property. We want to be sure that there is a consciousness of the impact of activities by the Farm,and a willingness to do what is right for the surrounding environment,which happens to be a fragile flood plain. We asked the Planning Hoard at the meeting to make sure that Inspections and prosper enforcement of the rules and regulations in place are enforced, and we were told that"if there is a problem,complain about it,then we will inspect." This places the burden of regulating compliance directly on the neighbors of the"Farm",and always after the fact of a transgression. We would much rather be on good terms with our farming neighbors. We want to know that they are following best practices and doing their best to protect our waterways and their neighbors rights to enjoy a healthy environment,a quiet life,with safe water, fresh air,and views of trees instead of huge barn,and knowledge Haat they are doing everything they camas good stewards of nature. While we await the response of Ms. Moore and the"Farm" in the form of actions on the behalf of our community we are asking the Planning Board to arrange regular inspections of the best practice uses of this barn and oversee regular testing of the waterways and drainage into the wetlands ...and we are calling on Mr.T'enedlos to demonstrate the"Farm's" good will toward his Orient neighbors. Sincerely yours, Helen Hooke Colleen 37753 Main Road, Orient Maria(Chiqui)Cartagena Jennifer fight 37754 Main,il.o rient John Sabatino Linda Sabatino 37756 Main Road, Orient . -_ .... ................... ........... ...� From: Clara Serra <cserra@rserra.com> 4 Sent: Wednesday, October 14, 2020 11:13 AM - To: Lanza, Heather Subject: [SPAM] - Tenedios development plans 7 .... '......... .........._1 a9 C1�old ow [Danrfli ng Board ........ a .._.m........._._...........a...................e Dear Heather, I am not an immediate neighbor to the Tenidios Property, but I am dumbfounded how he could possibly get a permit to raise cattle on his property which is so close to the protected wetlands. It is like a bullyish enterprise by a Trumpian urbanite who has to protect his unwanted invasion by high fences and lights that are usually put up around prisons. We have bought many parcels of land in Orient to bring them back to nature. I find it highly offensive that the town of Southold which buys out farmers when they sell their land and only allows buyers to build on the existing frame of a house and a barn or other buildings that pre -exist the purchase. There is a big contradiction to your progressive policy to protect the North Fork and to the way you seem to treat Tenedios. Please reconsider Richard Serra Clara Serra Sent from my iPhone �Q From: ma <jp2349@aol.com> ` _.... .. Sent: Friday, October 16, 2020 10:40 AM To: Lanza, Heather � � Subject: Tenedos property , awn........,... - 9 Board W a n n i.°�............o._.r...__.... Good morning Ms Lanza �. I live on the sound at Narrow River road. I have owned this property for more than 20 years and when we bought there was no animal farm. I doubt that we would have purchased this property if there was an animal farm in existence at that time. I think it is unreasonable to expect that I might have to endure the smells and sounds of animals and their waste. I would hope that there would be a public hearing where our views could be heard. Thank you for your assistance in this matter. Joan Prager ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. From: Sandra Sinclair <sansinc@optonline.net> -- .') Sent: Wednesday, October 14, 2020 3:16 PM 0 6 2 1201 To: Lanza, Heather Cc: 'Helen Hooke'; 'David Levin' S-6-Luiln0"led "I'owirn Subject: FW:The Tenedios Barn Project on Narrow River Road PVani ning Board Attachments: National Hurricane Center Storm Surge Predicted for Category 1µmHurricane.pdf Planning Board re Tenedios Barn Issues. i j After I wrote my letter to the Planning Board another concerned resident of this area sent me this map of a projected storm surge, Category 1 from a recent study of the Narrow River Road area. You will note that in the event of a storm of this nature or worse, the Tenedios farm would be flooded. I Sandra Pawson Sinclair i 29827 Main Road I Orient, NY n E" )r--I- -- -� I Land Use ep� Suffolk County Peconic Estuary Program Conceptual Habitat Restoration Design Narrow River Tide Enhancement and Pbragmites Management,Orient ...............................................--.................................................................................................. 3.2 Storm Surge Vulnerability The vulnerability of Narrow River Road, Route 25, and surrounding private property to storm surges from hurricanes was assessed by reviewing the National Weather Service SLOSH (Sea, Lake, and Overland Surges from Hurricanes) model projections of storm surge for the Broad Meadows/Narrow River area. Storm surge is theabnormal rise of water generated by a storm, over and above the predicted astronomical tides. The projected storm surge resulting from a Category 1 storm at high tide for the project area is 4 to 8 feet, as shown in Figure 14. Of course, the actual flooding resulting from a storm depends on many factors, such as the track, intensity, size, and forward speed of the hurricane, as well as the characteristics of the coastline where it comes ashore or passes nearby. Additionally, storms more severe than a Category I storm would be result in greater storm surge. The existing earthen berm (constructed in the aftermath of the 1938 Hurricane) with an elevation of approximately 6 feet above mean tide level provides necessary storm protection for Narrow River Road, Route 25, and adjacent private property and residences for some hurricanes and lower intensity storm events. �//,moi r--, � ,. ail Figure 14: Predicted Storm Surge from Category 1 Hurricane from National Hurricane Center SLOSH Data, 19 From: Sandra Sinclair <sansinc@optonline.net> Sent: Wednesday, October 14, 2020 10:43 AM RECEIVED � � To: Lanza, Heather -- Cc: ambrielfloyd@gmail.com; 'Helen Hooke' P � Subject: The Tenedios Barn Project on Narrow River Road C I � 2II20 .ruu fl arfAc I owlrn..v-. Planinr ng Board To the Planning Board -.... _.___„ ........... Southold Town, NY I am writing to express my deep concern about the size of this project. I am not anti-farming. I want farmers to succeed and make a decent living but there are some rather specific factors in the area in which this particular farm is located and is devoted to animal husbandry on a sizable scale. If floods. Anyone who lives near the water knows that climate change is real and the seas are rising. I've been through several hurricanes including Sandy when Narrow Road was flooded for months. The late Harrison Demarest, who was a farmer, told me that all of Orient on the other side of Main Road was underwater in the hurricane of 1938. Not sure if it was 1937 but the point is clear. A 9,000 sq ft barn is pretty darn big. This is corporate farming. I pay extra taxes willingly to support family farms. I do not want to subsidize corporate farming. Sincerely, Sandra Pawson Sinclair 29827 Main Road Orient, NY 11957 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. La J g@g �� , E�w .....�.....�E��........_. From: Adam Irving <adam Irvin mail.com> Sent: Wednesday, October 14, 2020 1:44 PM To: Lanza, Heather ?I I` Ijl; 202() Subject: Fresh & Co Planning Board r.An.uUuo. To w r i Na:nnnk,,ng Board My understanding is write ins are still be taken with regards to the latest Fresh & Co barn l�a��.�ns out�in )nn°nfi.. I wrote a few years back with a long list of concerns and unfortunately little has been done to allay those concerns. The bottom line is that location is terrible for a significant livestock operation given it's low elevation and consistent flooding. Further it is right along the North Road and there is no way to hide the totally out of context barn being proposed. It is sad to think that my children cannot safely swim at Hallocks Bay after rain storms due to nitrogen runoff. The Fresh Co operation only exacerbates this problem. There was a scallop die off last year that most feel was due to heavy nitrogen loads in the water. Again, this application will only worsen the nitrogen problem. Anyone who runs/bikes/walks around Narrow River Road knows how often that spot floods and the polluted water goes right into Hallocks. Please reduce the allowable scale of this livestock operation. There are far better locations for this type of operation. Please restrict the size of the proposed barn as a well known Orient viewshed will be significantly compromised. Thank you - Adam Irving Orient,NY ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. From: Richard Gluckman <rg|uckman@gluckmantangzom> Sent: Wednesday, October 14, 282O1:32PM To: Lanza, Heather Su&Hect: Ton*diosBarn Fl�anning Board Dear Planning Board,Town nfSouthold, I live near the intersection of Narrow River Road and Orchard Street and I travel that road many times each week, often passing the Tenedinsproperty atall times ofthe day. I am dismayed to see that enforcement of the setback requirements does not seem to be in play. I have seen the animals upagainst the fence alongside the road many times. It does not look like the owner is playing within the rules and I am fearful that the Planning Board is not enforcing them. The Planning Board and Town Trustees are stewards of our fragile environment,on land and in the water and they are abrogating their responsibilities]fenforcement isn't applied here. Since Tenedios has NOT conformed to the stipulations laid on it and been basically a bad neighbor jeopardizing the health of the fishing and recreational constituencies, I do not support any accommodation of their request to relocate the barn. It is my fear that this property will become an agri-tourist business complete with cars, limos and busloads of people filling parking lots and swarming over the property topet and ride the animals, ~0-Pich-Eno'fields,jungle gyms,games and the ubiquitous corn maze. A,deeper fear lsthe ultimate application (based on hardship)to transform the barn to people services for commercial use:/retail, food service,wine tasting,the required xvc's, etal.The full catastrophe. .| Where isthe scallop fishery inall this? | think commercial scalloping inHaUocKsBay(aka Long Beach Bay) has been prohibited due to waste pollution the past several years. It will never recover with the load that Tenedios puts on it. � Rfchi'. rd Gluckman 4B0Orchard Street Orient, NY10013 ATTENTION: This email came from aoexternal source. Dmnot open attachments orclick nulinks from unknown senders orunexpected emzai}o. pe-), i �c - From: David Levin <david@thelevins.org> Sent: Wednesday, October 14, 2020 11:26 AM ------- - �- To: Lanza, Heather _.._.. .... Illi Subject: Tenedios ro osal to relocate the site of the proposed barn 0 CT J p p Ip p In OL Rho d 1,o.. � veaInbavid Levin Planning Board 29521 Malin Road (PCD Box 299) ........_ ._._.,. __.�.... ..- Orient New York 11957 Dear Ms Lanza, I write to you as the planning director for Southold. am a neighbor to this site. wanted to register my extreme concern at both the planned relocation of the proposed barn and its proposed size. A 9,000 sq foot barn for intensive animal husbandry that is located in a low lying area with restricted access through one road only (on which fire and emergency services depend) and that will inevitably flood is an insanity. Concerns 1. An intensive farm as proposed will place an intolerable traffic burden on the area. Simply moving the numbers of livestock will cause risk,jams and damage to our neighborhood 2. Emergency services access to the Orient Point terminal is dependent on Rte 25 —we already have risks of it being clogged by other outsize commercial enterprises (eg Lavender by the Bay) and this additional traffic burden is a massive safety risk for those who live in the area,for those who use the ferry services and for those who might depend on Emergency support at Orient point. 3. 1 understand that Tenedios claim they will be moving fecal waste elsewhere. a. The amount of traffic to carry their "sh*t" out on our single carriageway road is untenable b. It may be their intention but the certainty is that during storm conditions they will not be able to do so— and the consequence will be tragic for our neighborhood —see below"when the flood comes" 4. When, not if,the flood comes, there is going to be a massive risk of a. fecal contamination of our waterways and area. b.. fecal contamination of the,groundwater that we depend on through our well c. contamination of the area with (hundreds of rotting dead cattle d. urea contamination of groundwater and waterway e. blockage to Rte 25 with consequent risks to the population from challenges to access emergency services. I note in the attached presentation that Suffolk Country explicitly recognizes (as it has to)the massive risks of flooding. I would only ask that as a planning officer you act to protect the public from this greedy and short term behavior— Orient is not the place fora (Feed Lot. It is not safe or proper to have that here. trust you turn down all plans related to the proposed barn, htt s: www_peconicestupry org/wp content(uploads01 /09/Conceptual-Habitat-Restoratio n Design Nprrow-River„- Road-201.9.p I: yours sincerely, David David @theL ins.org Michaelis,Jessica i From: Baylinson, Lester Sent: Friday, October 16, 2020 8:55 AM ' To: Cummings, Brian A. essica Subject: Michaelis, 19151,1 1 3 & 1.4 ( 2'()'J .,,,... r4,�1➢tC kwl:� J�,� Ir7� Hello again,there are no open violations on the Tenedio's Agriculture Barn & Greenhouse. r°v aNnp� q10 an I �t)FFICE LOCATION: �� MAILING ADDRESS: Town Hall Annex �° �, " u "� P.O. Box 1179 54375 State Route 25 �I° o Southold, NY 11971 (coir.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1838 :f www.southoldtownny.gov , PLAlNNING]BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Lester Baylinson, Ordinance Inspector Robert Fisher, Fire Marshal James IFaston, Fire Marshal OK From: Brian Cummings, 'Planner 60- clk4-1 Date: October 14, 2020 Re: Request for Review: Amended Site Plan for Tenedios Agricultural Barn & Greenhouse 28410 NYS Rt. 25, s/w corner of Rt. 25 & Marrow River Rd., Orient SCTM#1000-19.-1-1.3 & 1.4 Zoning District: R-200 The Planning Board refers this Site Plan Application to your committee for review and comments. This amended agricultural site plan is for the relocation of a one story 8,664 sq. ft. building to house livestock and stare feed, supplies and farm equipment; which was granted conditional approval from the Planning Board in 2019 and not constructed. The plan includes a 60' x 24' (1,440 sq.. ft.) greenhouse and other accessory agricultural buildings on a 34.5 acre farm, of which 29.5 aches have development rights Iheld by Southold Town and 5 acres have development nights intact (the greenhouse is located in the 5-acre area and the barn is located in the 29.5-acre area) in the 8--200 Zoning District. Differences from the 2019 approved site plan: •:� 8,664 sq. ft. building moved ±396' w/s/w and t14' south; ❖ Area of disturbance: ■ Approved at 38,625 sq. ft.. ■ Proposed at 34,444 sq. ft. w -4,181 sq. ft. net difference Thank you for your cooperation. Laserfiche: Planning, Applications, Site Plans, Pending, SC'TM#1000-19.-1-1.3&1.4(2) L . I I rLijiT._ C From: Joe Levin <joe@thelevins.org> Sent: Wednesday, October 14, 2020 12:36 PM II ppII IVED To Subject: [SPAM] - Tenedios barn relocation in Orient - a local resident' clUeSt"?"� .I '1 2020 i Dear Planning Director Lanza, n .. —PEanning Board I am writing to express my thoughts on the subject of the Tenedios barn relocation in Orient. I axn a neighbor - I live across the street at 29921 Main Road. Evidently, it is his prerogative to manage his property as he sees fit, and to build whatever he wants within the guidelines and land use restrictions set by the town. I have nothing against farming and feeding New Workers! Farming is essential .and must be supported - I am not trying to be difficult. I just want to ensure all of the potential knock on consequences which could be very bad for Orient and neighbors like me are seriously considered. I have two major concerns which I hope you will raise with Mr Tenedios and his representatives. I hope he is able to adequately address them, and if not I believe you should decline to permit his proposal. 1) Animal waste: The lot was before being used for crop farming, which has very different environmental considerations than the livestock Mr Tenedios intends to keep in his almost 9000 sq ft barn. Per 10001b cow Mr Tenedios keeps on the property, he can expect about 601hs of manure to be produced per day (according to the USDA). The barn Mr Tenedios proposes is sufficient to keep around 100 animals. If he uses that full capacity we could be talking of 6000lbs of manure per day. We all know that is it very important that the manure is removed from his property because the lot abuts wetlands of enormous recreational and economic value. Cows also urinate profusely. If Mr Tenedios has an adequate plan to remove all of the manure that be produces on the site regularly then my grave concerns would be somewhat alleviated. But if permission for his barn leads to unsustainable manure production in the area, the wetlands are at severe risk frorn run off and contamination, and his proposal should be denied. 2) Flooding.risk: The land Mr Tenedios is constructing his barn on is, I believe, around aft above sea level. It sits in a FEMA designated Special Flood Hazard Area AE flood zone (see FEMA map below), meaning there is at least a I% chance each year of the area flooding. What would Mr Tenedios do in the event of such a situation.? Is there sufficient road infrastructure to remove his livestock prior to its arrival? And the animal waste'? A flood which killed his livestock and released animal waste into the wetlands would be extremely bad news. Moreover, all local residents rely on groundwater for our potable water, so contamination has direct consequences for us also. LegendFEMA Flool Zone* y; II X ® DoT%PCr High ukk areas V f I AE AN AO „r 1 e ly r HNch flWe<0aStW areas a ��A � M Rd MedwayI r COBRA-- CoestM barrier resourc"stemma area of nooding � i uuu imi �uu ,, i �, iii uuuum um Illllllllllllllllllllllllllllllllllllllllllllllllliiiiiiiillllllllllllllll ii�� +W � IIIIIII IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII °°°°°Illllillllllll'�'ll� �-��,,��r� �ri� IuuuuuulllllVuuuullll'�Illllllllllllllllluul o. Thank you for your attention to these important issues. Best, Joe Levin 29821 Main Road (PO Box 299) Orient New York 11957 Joseph Levin c: +1646 352 3533 e g4p, lxLfrwins.org