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HomeMy WebLinkAboutLP-03/05/2024 LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, March 5, 2024 at 7:00 p.m. This Regular Meeting was held in the Annex Executive Board Room, located on the 2nd floor at Southold Town Hall Annex, 54375 Route 25 (Main Road), Southold, New York. The public had access to view and listen to the meeting as it was happening via Zoom. If an attendee did not have access to a computer or smartphone, there was an option to listen in via telephone. Comments from the public may not be solicited nor received without an appointment. It is expected that the Committee will enter into Executive Session* at some point after opening the Regular Meeting for the purpose of discussing applications regarding proposed acquisitions of real property where publicity would substantially affect the value thereof. The public is not allowed to attend, view, or listen to Executive Session. 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Or Online at the website zoom.us, click"Join a Meeting" and enter the Webinar ID: 898 7231 7094 Passcode: 540490 • Or One tap mobile : +16465588656„89872317094#,,,,*540490# US (New York) +16469313860„89872317094#,,,,*540490# US • Or Telephone: Dial(for higher quality, dial a number based on your current location): +1 646 558 8656 US (New York) +1 646 931 3860 US +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 301 715 8592 US (Washington DC) +1 305 224 1968 US +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 360 209 5623 US +1 386 347 5053 US +1 507 473 4847 US +1 564 217 2000 US +1 669 444 9171 US +1 689 278 1000 US +1 719 359 4580 US +1 720 707 2699 US (Denver) +1 253 205 0468 US Webinar ID: 898 7231 7094 Passcode: 540490 International numbers available: https:Hus06web.zoom.us/u/kc2JSC6OBx Members Present: Sam McCullough Eric Keil Kim Krupski Anne Murray Will Lee Members Absent: John Simicich Doris McGreevy Also Present: Lillian McCullough, Land Preservation Executive Assistant Anne Smith, Town Board Liaison Cathy Kreshon, Land Preservation Committee Secretary Present as Attendee: Anthony Sannino (owner of AgriTurismo II, fka Mattituck Farm Hldgs prcl 5) Holly Sanford, Peconic Land Trust (joined on ZOOM) 6319353024 (joined on ZOOM) (Name unknown) Commencement • All "Attendees" will be dismissed from this meeting upon the Committee's Motion to enter into Executive Session. • The meeting began at 7:03 p.m. with 5 LPC members present. Committee Minutes and Administration • Acceptance of LPC meeting minutes from February 20, 2024 MOTION made by Sam McCullough, seconded by Anne Murray, to accept the February 20, 2024 LPC meeting minutes. Motion carried: 4/0/1 (Will Lee abstained) • Next LPC Meeting Date: March 19, 2024 General Preservation • None Inquiries/Applications for Uses or Structures on Preserved Property • AgriTurismo II (f/k/a Mattituck Farm Holdings, Parcel 5) SCTM# 1000-95.4-13.1 — Barn, Deer Fencing & Hoop Houses: Irrigation Well & Electric The Committee reviewed application information for AgriTurismo II installation of electric meter and irrigation well and pump. The Committee determined the proposed uses were consistent with the Easement terms. MOTION made by Sam McCullough, seconded by Eric Keil: The Land Preservation Committee has reviewed and discussed AgriTurismo II's request to install an electric meter and in-ground electric well and pump on lands subject to a recorded Town Development Rights Easement. The Land Preservation Committee found that the proposed improvements are not in conflict with the purposes and other terms and conditions of the recorded Easement. The Committee directs the Land Preservation Executive Assistant to send a letter to the applicant outlining its findings. Motion carried: 5/0 The Committee also reviewed an application for (1) two hoop houses for equipment storage and rabbit shelter, an equipment storage barn, and deer fencing. Lilly clarified that the Easement did not require the applicant to submit the deer fencing for Committee review. Lilly presented a sketch of the proposed structures,and the applicant explained that the barn will be the same design as an existing barn on another property he owns, which he showed to the Committee. He also explained that he may choose to install solar panels on the barn, but that he has not yet decided. MOTION made by Sam McCullough, seconded by Anne Murray: The Land Preservation Committee has reviewed and discussed the applicant's request and finds it is consistent with the terms of the Easement. The Committee directs the Land Preservation Executive Assistant to send a letter to the applicant, Building, and Planning as necessary outlining its findings. Motion carried: 5/0 • Henry L. Ferguson Museum SCTM# 1000-4.-5-5.10— Proposed Walking Trail Lilly presented the Ferguson Museum's request to install a looped walking trail and related signage. The Committee discussed the location of one state-regulated freshwater wetland east of the proposed trail, as well as a possible freshwater wetland in the middle of the proposed loop. Committee members noted that the Trustees should be involved given the trail's proximity to wetlands, and Lilly explained that the Museum intends to submit the trail for DEC review, and that the Trustees were aware of the project and likely going to issue a letter stating no Trustee review was necessary. The Committee also discussed the status of native and invasive species on the property as reported in a recent New York Natural Heritage Project (NYNHP) report. The Committee questioned why the proposed trail did not follow the existing trail mapped by the NYNHP, and Lilly relayed that Jack Schneider(Ferguson Museum Stewardship Coordinator)determined the trail was overgrown and nearly indistinguishable from its surroundings. Lilly also presented John Sepenoski's recommendations to the Committee, including the need to control (1) control invasive species trail cuttings, (2) and runoff from the trail to wetlands. The Committee agreed that the Museum should control invasive species cuttings but acknowledged that it may be difficult to solarize cuttings any dense woodland, and that it would be difficult for the Town to enforce any such requirement. The Committee agreed that the trail should be designed to avoid creating runoff into any trail-adjacent wetlands. The Committee reviewed the Museum's criteria for trail clearing and native species protection, including that they would not cut native species 1+ inch in diameter. Committee members noted that native groundcover would never reach this threshold but should still be protected.They also asked about possible indigenous history,such as clay mining,on the site and suggested that the Museum research and consider that history when doing their trail work. The Committee also reviewed the Museum's proposed signage and requested that the Town's involvement be included on this signage, or that the Museum also post the Town's preserved land signage. The Committee agreed that the Museum will act in the best interest of the land, and that they were comfortable with the proposal, subject to both the conditions the Committee raised, John Sepenoski's review, and DEC/Trustee approval. The Committee agreed that Lilly should return to the Committee if John Sepenoski expressed any serious concerns with the proposed trail plan. MOTION made by Kim Krupski, seconded by Anne Murray: The Land Preservation Committee has reviewed and discussed the Henry L. Ferguson Museum's request to install a trail on lands subject to a record Town Conservation Easement. Conditioned on the Trustees'/DEC's review and approval,the Land Preservation Committee finds that the proposed trail would not impair the Property's scenic quality, would not impair the Property's Conservation Values, and would be consistent with the Easement's Conservation Purposes. The Committee directs the LPEA to draft a letter consistent with this discussion. Motion carried: 5/0 Stewardship and Management • Treiber Farms LLC SCTM# 1000-69.-1-9.1 —Artist Residency& Proposed Art Walk (Follow Up from 2/6/2024 Meeting) Lilly was unable to discuss this matter with the Town Attorney in advance of the meeting, and the Committee agreed to table it until they received feedback from the Town Attorney's office. • Pangari SCTM# 1000-112.-1-8.2— Potential Easement Violations (Follow Up from 2/20/2024 Meeting) Eric and Lilly summarized their March 1 site visit and reviewed photos of the nursery operation with the Committee. Eric observed several of the same violations at the March 1 site visit that Committee members observed in previous years. They observed two large windrows of screened compost and concrete bays, which the landowner stated he uses for backfill and container cover. The Committee expressed some skepticism that anyone would screen compost used in that capacity, and noted that the landowner had in the past sold compost and topsoil from the property, but Eric and Lilly observed no clear evidence of commercial compositing. Lilly and Eric also observed several structures used for storage, an office, and a likely residence that the Committee never reviewed. The landowner did submit the suspected residential trailer for Committee review as a workstation in 2018, but the Committee did not give a final determination due to the pending DEC action. The Town Board ultimately denied the trailer permit in 2019. The Committee agreed that, while these structures might ultimately be consistent with the Easement terms,the landowner must present them to the Committee for confirmation,as well as any other applicable Town departments. The landowner stated that the suspected residential trailer was used as an office and breakroom. However, the trailer was locked, there was a dog leashed outside, and windows were covered so that the interior was blocked from view, so Eric and Lilly could not confirm its use. The Committee recalled that the landowner had previously been before the Committee and the DEC for dumping recycled concrete aggregate on the Easement area. While the DEC ordered remediation on the property, it was not clear what the ultimate resolution of that DEC claim was. Eric was particularly concerned with the widespread dispersal of asphalt millings on topsoil could leech into the soil and impair the farm's long-term viability. Eric noted that the millings were not limited to defined farm roads, but instead scattered throughout the property in a thin layer that would be difficult, if not impossible, to remove. The Committee determined this use was inconsistent with the Easement. Likewise, while Eric and Lilly only observed RCA around an equipment shed and in a small standalone pile, aerials from earlier in the year show additional RCA and construction debris onsite that were removed before the site visit, which could contain contaminants. The Committee suggested reminding the landowner of that RCA could contaminate soil, and that any RCA used should come from a DEC-approved source supported by an invoice. The Committee discussed the broader need to consider at what point on- farm use of asphalt millings and RCA becomes inconsistent with the Easement, and whether the Committee should review all farm road surfacing. Committee members suggested researching relevant guidance from the DEC or the County. Eric and Lilly also observed garbage scattered throughout the farm, embedded in the topsoil, as well burn barrels, and unprotected fuel tanks and lines. The Committee recommended reminding the landowner to source only clean organic matter for composting, and that burning garbage or other farm waste is not permitted in Southold Town. The Committee also recommended referring the fuel tanks to the County Health Department for safety review. MOTION made by Eric Keil, seconded by Will Lee: The Committee directs Lilly McCullough to send a letter to the landowner consistent with the Committee's discussion. Motion carried: 5/0 Land Preservation Applications & Potential Applications: • EXECUTIVE SESSION- Proposed Acquisitions of Real Property Where Publicity Would Substantially Affect the Value Thereof None Land Preservation Applications & Potential Applications -OPEN SESSION None Adjournment: MOTION made by Sam McCullough, seconded by Anne Murray, to adjourn this meeting. Motion carried: 5/0 The meeting ended at 8:49 p.m. Respectfully submitted by Cathy Kreshon, Land Preservation Committee Secretary