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HomeMy WebLinkAbout1000-33.-3-19.19 OFFICE LOCATION: O' MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) cri=. Se r Southold, NY 11971 Telephone: 631 765-1938 � s' _-, y`3;.� p LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: May 12, 2025 Re: LWRP Coastal Consistency Review for THOMAS RATTLER SCTM# 1000-33-3-19.19 Patricia Moore, Esq. on behalf of THOMAS RATTLER requests a Wetland Permit to clear and till the land with no change to the existing topography, and no regrading required; a 10' wide limit of clearing and ground disturbance area to be kept around the top crest of the pond; farm the property with crops that will not require a lot of tilling, plowing, etc. but need mowing, pruning, irrigation, and harvesting that consist of planting ±3 acres of peonies; 1 to 2 acres planted with varying crops such as annual cut-flowers, herbs, vegetables, etc. with soil preparation required each year; 0.5 acres of fruit trees to be planted; and 0.5 acres of trellised raspberries. Located: 67925 County Road 48, Greenport. SCTM# 1000-33-3- 19.19 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, as well as the records available to me, it is my recommendation that the action is CONSISTENT with LWRP and, therefore, CONSISTENT with the LWRP. 1. A vegetated buffer is recommended encircling the pond. 2. It is recommended that the farm manage fertilizer to prevent eutrophic conditions. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Honorable Lori Hulse, Attorney Town of Southold 7m�A �d� - LWRP CONSISTENCY ASSESSMENT FORM 5 2025 D TOWN A. INSTRUCTIONS PLANNING BOARD 1. 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 proposed action will be evaluated as to its si ii fi�cant beneficial and adverse effects upon the coastal area(which includes all of Southold Town. 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. Thus, each answer must be explained in detail, listing both supporting and non- supportine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. 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# 33 _3 _19.19 PROJECT NAME Lot 19 Rock Cove Estates agricultural lot The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 1. 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) ❑ (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: ❑ Nature and extent of action: prepare parcel for agriculture. Prepare for cultivation within 100'of freshwater pond leave 10'limit of clearing and ground disturbance around pond,if required. Agricultural use of the farm parcel- for bona fide agricultural operation. See attached planting plan. Location of action: 67925 CR 48,aka Lot 19 Rock Cove Estates,Greenport Site acreage: 7.53 acres total(2 acres for house&other farm structures)5.6 acres cultivation Present land use: vacant Present zoning classification: Agricultural Easement-Planning Board C&R's 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Tom Rattler-owner John Hughes&Caroline Fish-farmers(contract vendee) (b) Mailing address: c/o Patricia C.Moore 51020 Main Road,Southold NY 11971 (c) Telephone number: 631-765-4330 Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 0 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 POLICY 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. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑✓ Yes ❑ No ❑ Not Applicable Planning Board C&R's limit use of 5.7 acres to agriculture pond in the center of the property-10'buffer around the pond if required by the Trustees and cultivation of remaining land Attach additional sheets if necessary 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 ❑ No ❑✓ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑✓ Yes ❑ No❑ Not Applicable agricultural open space proposed Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary T Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑✓ Yes ❑ No ❑Not Applicable 10'buffer,if required by Trustees,will protect the pond and balance of property to be cultivated.Planting plan is for suitable plants closest to pond(require less tilling,plowing and fertilizer) Attach additioi al 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 III—Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑No 0 Not Applicable i I 1 i I I 1 Attach additional sheets ifnecessary 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 0 Not Applicable Attach additional sheets if necessary Policy S. 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 ❑ 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.❑ Ye In No❑✓ 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 III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No ❑✓ 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. ❑Yes ❑ No❑✓ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation criteria. 0 Yes ❑ No❑ Not Applicable Agricultural Open Space is required on this parcel. C&R's require agricultural use of property. Parcel is entitled to protections of the "right to farm" state, county and local regulations 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. ❑Yes ❑ No W] Not Applicable PREPARED BY TITLE �J DATE­?'_/P I i m.tsss : I aataot I zo-m I aTzsm - I ae t�a oszeas a zsas I i O j/ i SQJ FOR NO. sm —..._ .._ EEE SEC.xO. lil / 0.150t.ON n " Qw) r ' \S ,/' Ap A P •a r r � r r � Gs ,.• a 9.. I Is j.N ;y� ' C� A��. aer r1° .P '�• r '�� br . aon� ,eA aP. 9�• rT a3a rt A� AA ,a" O° v9• P� z F a a,,.bi®+ ,. ,ee M aQ r A off a 3 Am �� / o.O� a u., v ` a A g10 .' �!N ♦ rP r P .p PL,P ra tx . ,0 Q •» p..l ,0 5 � b,0 5 a P�. / ,� a a� pJ`�6, A � m4�.»� � •, ±'4.a may+ o^s�A� aP� o \ tvtc) ppN p♦ t �'� O 1.0 \� 9+ ik& j e wLw'A 4b f r % Q �I ,., y. —�UNE e Iz,) "" — _ w — '^'-- --.-- Nonce S,,),"" COUNTY OF SUFFOLK © K m SOUTHOLO SECTION NO r 2 wbtcwKrnicwn�ms R our m RealPropertyTeKServiceAgency Y 033 E _ '•�" -_-- • r �__ _ counlY unbrRMrlwaa.NY 11101 M 61lp xr v r brN9atxu ,r ---- u. --.-- ,emu.--rx'-- eYf m P Nr¢nRcrxo 1000 PROPERTY MAP Caroline Fish &John Hughes 29 Palisade Ave Piscataway, NJ 08854 Tel: (732) 371-0686 February 6, 2025 To Glen Goldsmith and Southold Town Trustees Town Hall Annex 554375 Main Road, Southold, NY 11971 RE: Rock Cove Estates Lot'19 (Farm parcel) 1000-33-3-19.19 Dear President and Board: We are in the process of buying the land at 67925 County Road 48, Greenport Town of Southold, NY, also referred to as Lot 19 Rock Cove Estates. The land is a —7.5 acre parcel of which about 5.6 acres are preserved farmland, 1.9 acres can be developed, and it has a freshwater wetland of 0.09 acres in the middle of the preserved farmland. The property used to be a dairy farm and in the Planning Board Subdivision C&R's it is Agricultural Open Space intended to be farmed. The property has,been fallow and we love the challenge of turning it back into an operating farm so we can become part of that community in the North Fork. We have had a house in Southold for the past 12 years and want to become further involved in the community. Caroline has been part of the North Fork community for the past 30+ years and has friends out here and introduced John to the community in 2010. John's parents have a 92-acre farm and his father was an ag teacher. John's.family on both sides were farmers and he has spent time helping on family dairy, agricultural, and livestock farms in his life. His nephew, who has an agricultural degree, has a 300-acre farm and family friends have a 15 acre blueberry farm. We will .describe the site plan for farming activities below before describing why we need to do these things. A visual depicting this is in Appendix I.. Our farm plan focuses on crops that do not require a lot of tilling, plowing, etc. but are more focused on plant maintenance such as mowing, pruning, and harvesting. The land will be allocated in the following way: 1. Peonies will be planted on about 3 acres because these plants are long lived, require low maintenance, generally need no pesticides, and have a short harvesting season in the spring. 2. Annual cut-flowers will be planted on about 1 acre and these will be changed each year and will require soil preparation each year. Harvest time will vary depending on the crop. 3. Fruit trees will be espaliered on about 0.5 acre because these are long-term crops that can be managed in a small space and are harvested in the fall. 4. Raspberries will be trellised on about 0.5 acre because these are long-term crops that can be managed in a small space and are harvested in the fall. 5. About 0.75 acre for several hoop greenhouses to be used for starting and growing vegetables or other plants. To do the above, we will need to do the following essential farming activities on the 5.6 acres of farmland, including within the 100' wetlands boundary, which has been flagged and mapped. The Suffolk County Department of Soil and Water and Cole Environmental recommend a 10' vegetative buffer around the wetland. The 10' vegetative buffer would not only be adequate and beneficial but will in fact help to restore the wetland's edges because the edges are loaded with invasive species, including: • Autumn/Russian Olive (At the edge of the pond) • Porcelain Berry (Blanketing the edge of the pond on top of the Olives) • Mugwort • Privet • English Ivy • Multiflora Rose • Black Locust • Miscanthus • Tree of heaven (Ailanthus altissima) Landward of the.10'buffer we will be doing the following: - Converting the land from fallow to farmable land (e.g., mowing, tilling, soil amendment) - Preparing the farmable land for planting (e.g., digging,.plowing, trellising etc.) - The crops to be planted within 100' of the edge of freshwater wetlands (exclusive of the 10'vegetative buffer) will only be peonies and cut flowers (no fruit trees, berries; or vegetables) Peonies were chosen because they do not generally require fertilizer or pesticides and are relatively low-maintenance plants with natural resilience. If needed, we intend to use Organic options like compost, bone meal, and greens, given that research shows they work well The cut flowers planted in this zone will also be selected using the same criteria: hardy and low-maintenance, generally pesticide free, and responsive to organic fertilizers - We will apply compost/fertilizers/sprays under the guidance of the Soil Conservation District in Riverhead, only if necessary. We intend to join the Northeast Organic Farming Association of New York and get certified as an organic farm as part of our farm plan. Since many plants in the 10' buffer are invasives, Cole Environmental and the Soil Conservation district recommend clearing out the invasives and restoring the wetlands with native species. They recommend, and we agree, doing this in a slow and steady approach to maximize the opportunity for native plants to flourish. Plants under consideration in the 10' buffer zone around the wetlands will be: In the pond: • Cattails • Bulrush • Royal Fern • Water Lily At Pond's edge • Sweet Pepperbush • Highbush Blueberry • Arrowwood Viburnum • Buttonbush • Red Maple • Silver Maple • Tupelo Thus, we are asking the trustees for the following: 1. Wetland permits for agricultural activities within the 100' of the edge of the freshwater pond and up to 10' Vegetative Buffer. Our request is compatible with the Trustee regulations for bonafide agricultural operations and the NY DEC.. We hope that the Trustees will agree this is acceptable within the broader context of how we want to preserve agriculture in the North'Fork. We will plant peonies and cut flowers to within 10'of the freshwater wetland's boundary. Having spoken with a freshwater wetlands expert at the NY DEC, they say that no permit is needed from them to conduct agricultural activities within the 100' of wetlands such as mowing and planting. If there are peonies and cut-flowers planted and it.is clearly a farming activity then it is okay for us to mow, plant, and maintain the plants. What they want is for the space to "not become a lawn" which is consistent with what we want. The trustees granted, in about 2005, permission to the owner, Thomas Rattler to mow the land within the 100'jurisdiction. The permission included the right to manage the weeds and brambles. In Appendix II there are pictures taken last month of the area around the wetland and some descriptions of the area. These show the extent to which the area is almost.entirely weeds and brambles. 2. Pre-submission to replace the invasives with native plants within 10' of the edge of the wetlands. This would follow advice from Cole Environmental and the Soil Conservation District to get rid of the invasives and plant native plants at the edges of the wetlands. 3. Pre-submission to mow the area around the pond so planting and restoration can begin this spring. We would like pre-submission to mow within the 10' so we can have the ground prepared for planting which will occur in March/April. The pond edge would be cleared in a slow and steady approach doing small segments at a time over a multi-year period. We appreciate the Trustees' help in getting our farm up and running in Greenport, New York. Sincerely, Caroline Fish and John Hughes Appendix I 67925 CR 48 Greenport Site Plan — Based. on 2020 Survey Caroline Fish and John Hughes 67925 CR 48 Greenport Site - ,.�, . Plan—Based on 2024'Survey ��/`�-♦ �, Caroline Fish and John Hughes R z�+►• v r. P_peonies(pink) F-cut flowers(yellow) - M-fruit/berry(green) B-barn(red) y H-hoophouses(grey) F P • I C-chicken house(blue) w/Trustee Permission T-Peonies&other perennials (orange) � •o° &3 — fir. ter+ ? Dashed Circle is perimeter of a freshwater wetlands zone -zara- a. VV The acreage planted for peonies and flowers shows the full amount to-be planted if the area to be mowed and planted is granted. Appendix II Photos of the pond with information about plants there. The aerial view is from the National Wetlands Inventory site that officially documents and records wetlands. Aerial View of Pond with Identification of Foliage Larger trees.6'- is ---- dameter trunks.about 20'to 30 high Patti,0.09 aae —7 Weeds and brambles dorneter Hunks.about _-�- - 1Z high Weeds arW dambfes I r31ue rw is about 1DO'la :e!eienr Front View of Pond with Identification of Foliage Larger Drees.6- ut-- ------------ dlameter tninks,abort 20'to 30-high Pond.0.09 acre Mlbeds and brambles —_J dartaMr IRtr.abort -a 1z bo A -__ '--r Wtllb;and bwrrlblaf Side View of Pond with Identification of Foliage 'OW �-' 0.09 acre Weeds antl Dra�Wes y i 00, GUARANTEED TO:JOHN HUGHES & CAROLINE FISH J O S H UA R. WICKS JO . L• S . WESTCOR LAND TITLE INSURANCE COMPANY SURVEYED BY:J.R.W. DRAWN BY:J.R.W. JOB NO.:JRWzy-ozi6 EMINENT ABSTRACT P.O. BOX 593 Center Moriches, N.Y. 11934 w JoshuaRWicks®gmail.com 4P 4cN0 #631-405-8108 ,QUO S' ' o5jo25 GRAPHIC SCALE 610 p. O• L O- •1' � C�. s1• (2) N NN I'U Cot 19-Map of 1 N 79°00'S5' E \ Rockcove Estates ° 335.59' M ♦ ° Filed' June Il, 2001 -Mq,No, 10657 LOT 17 t ° x4 co LOT 16 .......................24.a..- -'' f h 51111�� l)� 4•� — — _ _ _ _ N Gf�rNI'O�'1; 1"OWNOf�U1'NOCt� � $ SU aK COUNW, NSW YOLK ?1AS . .......................__....... .............................................................. I Suffolk CanEy 1"ax Map No,: i !OC)0-033,00-03,00-019,0l9 4'CfWN lltl(fC , PATS 5UPV�Y 12: 11/05/202�} o ...�_ k 5C&1 : I"=50' er .................. _ I cat - ............... sAA�� i % oaw &.4% 4''wm Lw FL OAWf ............................... ®^— ads �cs " 70 S 69•0 --- _........- . Li V„ .................as ui � . � ; .�� �..... .\ -'... BUTTON PLACE aPP ......... ....... \ 1 2025 Southold Town f , - �` '•\ � .. O Boa,d of7nlst^ss i \ I ar (O 1 I r I - _ FRESHPVATER I �v o I tb ' o ^ WETLAND i �\ i 1 , Uzi 1 .',�+ " ~- .100 �''' ko •ems FM. O • 3 v" I \ LOT 19 z I4 Ell to ko N 75010'40" E " , ko w --- ---------- - ---- -- - - 309.04' — — ---1 ko a2�5r ko � _ 1 o WN Cp { n2 Cl) a I rr N I N +ao .......... � �I I,5'E I �.... "'...ks. h N �. Je0• I ( � I � .....,sue I ".... HOMESTEAD BUILDING AREA I W f� 1 T 1 02YI WAY 2W I o Ia S Ia 1L t iW°e+ux rt as MOK fw I .�LO C PVC f- 0 { �.,�•__ K Wool)fE t TAX LOT 18 t.-. Ian -o o•�� TAX LOT 17 TAX LOT 16 t . ,. 164.88' L.. . S 69°05 00 o S 71028'20" W — — — o — _ _ 50.00 CID TAX L07 36 t TAX LOT 37 O o I S 71°28'20" �' 152.73' w o ' ko NOTES: - o (1) UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY MAP BEARING A LICENSED LAND O NO VEHICULAR ACCESSko SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7209, SUB-DIVISION 2, OF NEW YORK STATE EDUCATION o0 I PER FILED MAP I to t LAW. (2) ONLY BOUNDARY SURVEY MAPS WITH THE SURVEYOR'S EMBOSSED SEAL ARE GENUINE TRUE AND CORRECT COPIES OF THE SURVEYOR'S ORIGINAL WORK AND OPINION. (3) CERTIFICATIONS ON THIS sfz:a3'---•-------...................-.............._..__...•-- BOUNDARY SURVEY MAP SIGNIFY THAT THE MAP WAS PREPARED IN ACCORDANCE WITH THE CURRENT -' EXISTING CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF ----- la . '- '�' - PROFESSIONAL LAND SURVEYORS, INC. THE CERTIFICATION IS LIMITED TO PERSONS FOR WHOM THE LOT AREA BOUNDARY SURVEY MAP IS PREPARED, TO THE TITLE COMPANY, TO THE GOVERNMENTAL AGENCY, AND S 71028'20" W 92.08 328,415.00 S.F. TO THE LENDING INSTITUTION LISTED ON THIS BOUNDARY SURVEY MAP. (4) THE CERTIFICATIONS HEREIN 7.54 ACRE(S) ARE NOT TRANSFERABLE. (5) THE LOCATION OF UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS NORTH ROAD ARE NOT ALWAYS KNOWN AND OFTEN MUST BE ESTIMATED. IF ANY UNDERGROUND IMPROVEMENTS OR (COUNTY ROAD 48) ENCROACHMENTS EXIST OR ARE SHOWN, THE IMPROVEMENTS OR ENCROACHMENTS ARE NOT COVERED (MIDDLE ROAD) BY THIS SURVEY. (6) THE OFFSET (OR DIMENSIONS) SHOWN HEREON FROM THE STRUCTURES TO THE �F NEW PROPERTY LINES ARE FOR A SPECIFIC PURPOSE AND USE AND THEREFORE ARE NOT INTENDED TO �,`P �p R, w/00,p� GUIDE THE ERECTION OF FENCES, RETAINING WALLS, POOLS, PATIOS PLANTING AREAS, ADDITIONS TO kp BUILDINGS, AND ANY OTHER TYPE OF CONSTRUCTION. (7) PROPERTY CORNER MONUMENTS WERE NOT SET AS PART OF THIS SURVEY. (8) THIS SURVEY WAS PERFORMED WITH A TRIMBLE S5 ROBOTIC TOTAL STATION. l�cF�sFOa 0510 LAND S CHECKED BY: