HomeMy WebLinkAbout1000-19.-1-1.3 & 1.4 OFFICE LOCATION: o��OF S0UryOl MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.) ua
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Southold, NY 11971 Telephone: 631 765-1938
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Fax: 631765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
To: Donald Wilcenski, Chair
Town of Southold Planning Board
From: Mark Terry, Assistant Town Planning Director
LWRP ordinator
Date: April 25,2018
Re: Proposed Site Plan for Tenedios Agricultural Barn
SCTM# 1000-19.4-1.3 & 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.
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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 and those areas with sensitive environmental features, 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 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
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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
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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Figure 1. Subject parcel hatched (ArcMap).
Trak 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 preserve archaeological resources.
A. Conduct a cultural resource investigation when an action is proposed on an
archaeological site,fossil bed, or in an area identified for potential
archaeological sensitivity on the archaeological resources inventory maps
prepared by the New York State Department of Education.
1. Conduct a site survey 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 map 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.
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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.
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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.
The proposed action is consistent with this policy due to the sale of development
rights on the 29.5 acres to Southold Town which preserves scenic qualities along
NYS Route 25 together with agricultural 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.
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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).
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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.
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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 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.
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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.
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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.
The proposed action furthers this policy. 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 plant
community 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
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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.
1. 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.
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This policy has been met with the purchase of development rights on
SCTM# 1000-19.4-1.4 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 maintaining the long-term health and
abundance of marine fisheries 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 (L)WRP).
The proposed use is consistent with this policy, 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.
The proposed action furthers 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
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standards should be used to guide decisions that might impact on agricultural
production.
D. Support acquisition of development rights of agricultural lands.
The proposed action meets this policy. Development rights were purchased on 29.5
acres of the parcel (SCTM# 1000-19.4-1.4) 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.
The proposed action supports this policy, 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
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