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HomeMy WebLinkAboutLP-09/05/2017 LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, September 5, 2017 at 7:00 p.m. Town Hall Annex Executive Board Room Members Present: Sam McCullough, Chairman Anne Murray Doris McGreevy John Simicich Eric Keil Will Lee Members Absent: Lillian Ball Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Tim Caufield, Peconic Land Trust Project Manager Holly Sanford, Peconic Land Trust Project Manager Bob Hanlon Tom Foster Steve Wick Sherry Thomas Glynnis Berry Kevin Perry Commencement: • The meeting began at 7:01 p.m. with four LPC members present. Committee Minutes and Adoption: • Acceptance of LPC meeting minutes from August 8, 2017 MOTION made by Sam McCullough, seconded by Anne Murray, to adopt the 8/8/2017 LPC meeting minutes. Motion carried: 4/0 (LPC members Eric Keil and Will Lee were not present at time of vote) Land Preservation Applications and Inquiries: • SCTM#1000-120.-3-2, 120.-3-11.8 and 120.-3-11-10 (MDH LLC/ DiVELLO) PDR application: Review application and status Land Preservation Coordinator Melissa Spiro gave project status report. Concept results in proposed PDR area less than minimum conservation requirements and initial concept is not supported. Melissa to meet with landowner regarding concept plan and proposed excluded areas. • SCTM #1000-14.-2-29.2, 29.3 & 29.4 and #1000-19.-2-2, 3 & 12.2 (ORIENT EAST LLC, ORIENT WEST LLC, ORIENTS POINT LLC/aka Pappas/Vasilas) PDR application: Review application and status Land Preservation Coordinator Melissa Spiro gave project status update and reported on her meeting with Planning staff regarding the Pappas/Vasilas LPC application. Landowners are to be advised that a formal application for a conservation subdivision to Planning is necessary before LPC proceeds with review of this application. • SCTM#1000-35.-2-1, 11, 12, (ISLAND'S END/ KING) Update from LT regarding project negotiation status [Executive Session—proposed property acquisition] The LPC entered into EXECUTIVE SESSION, Tim Caufield, Peconic Land Trust Project Manager, gave project status update on Island End Golf/King Trust properties which will be presented to Town Board (executive session). END OF EXECUTIVE SESSION • SCTM#1000-79.-7-55 Property for sale; review inquiry HOLD—no discussion due to time constraints • PROJECT STATUS UPDATES HOLD— no discussion due to time constraints Inquiries for Uses or Structures on Preserved Property • SCTM#1000-19.-1-1.4 (Town PDR Cullinane; Current owner: STEVE TENEDIOS) Request for Review from Planning: Site Plan for Tenedios Agricultural Barn Land Preservation Coordinator Melissa Spiro provided information regarding the Town's 2002 purchase of a development rights easement and the proposed site plan. The property is now owned by Steve Tenedios, Fresh & Co Farm, LLC. Mr. Tenedios has made an application to the Planning Board 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. Several residents from Orient attended the meeting and asked to speak. Tom Foster, Bob Hanlon (representing Orient Association), Sherry Thomas and Glynnis Berry, voiced their concerns regarding the proposed project and its impacts on open space, scenic value, wetlands and water quality. They noted that the property was preserved for several purposes: agriculture, open space, exceptional scenic value, and wetland protection and that the current project potentially compromises 3 out of 4 of the purposes. It was noted by the speakers that the application materials submitted to the Planning Board are filled with misinformation, and that sheep and goats do not need stalls as proposed. In addition, they noted that the owner has indicated that he intends to host tours, dinners, cooking classes, culinary educational programs and a "local food and wine festival" on the property, and their website is inviting the public to a "cookout and bonfire" to be held on the property, on October 7 of this year. The Orient Association attendees provided information to LPC that included: o Notes for Land Preservation Committee Meeting —September 5, 2017 o Planning Board Hearing Set on Livestock Barn near Hallocks Bay (3 pages) o Coastal Fish &Wildlife Habitat Assessment Form —date revised May 15, 2002 (7 pages) o Hallock's Bay Critical Environmental Area (CEA)—effective date of designation 3-24-88 o Advertisement— Fresh & Co Farms Fall Harvest Cookout & Bonfire October 7 in Orient LPC members decided to schedule a site visit to the property and to continue review of the project at the next LPC meeting. • SCTM#1000-63.-1-1.11 and 1.12 (Town PDR Hubbard; Current owner: PLT) Update from PLT regarding proposed improvements HOLD—no discussion due to time constraints • SCTM #1000-20.-3-6.2 (Town PDR Edwards; Current owner: PLT) PLT to present information pertaining to proposed viewing platform Tim Caufield, Peconic Land Trust Project Manager, gave the committee a general overview pertaining to a proposed viewing platform being discussed, proposed to be located near the dyke that runs along the southern border of the former Edwards property. Said viewing platform is intended to be dedicated to Joseph Townsend, Jr. — a lifetime public servant to the community and environment. More specific plans will be presented to the LPC at a later date. Stewardship and Management: None General Land Preservation Items: None Next Regular Meeting: • The next regular meeting will be held on Tuesday, September 19, 2017 Adjournment: • The meeting ended at 9:05 p.m. with six LPC members in attendance. Respectfully submitted by Melanie Doroski, Land Preservation Secretary Notes for Land Preservation Committee Meeting September 5, 2017 OA is not opposing this site plan at this time. But it does believe that the Planning Board and this committee have not been provided with adequate or accurate information about the proposal, and it should not go forward until satisfactory information is provided. This land was put on Community Preservation Project Plan and this group Then chose to preserve this land for several purposes o Agriculture o Open space o Exceptional Scenic value o Wetland preservation Bought the development rights and put in deed restrictions to carry out those purposes Current proposal potentially compromise three out of four of those purposes o Open space o Scenic value o Wetland preservation As of now, there is no information provided to help you determine whether those will be seriously compromised o No viewshed study planned o No drainage analysis planned o No adequacy of fresh water analysis planned In fact, application is filled with misinformation about the potential impact of the project on scenic views, wetlands and water quality in general.Among the errors and omissions are the facts that the land is designated a Significant Coastal Fish and Wildlife Habitat and adjoins a Critical Environmental Area, neither of which is acknowledged or addressed in the submission. This body is entitled to full and accurate information before it can give its endorsement to such a proposal. It should refuse to recommend this plan unless and until it receives such information from a reliable, independent source and that information confirms that the goals of preservation are being met. Further,the owner has indicated that he intends to host tours, dinners, cooking classes, culinary educational programs and a "local food and wine festival" on the property," and their website is inviting the public to a "cookout and bonfire"to be held on the property, on October 7 of this year. It is our understanding that these types of activities are never permitted on lands where development rights have been sold to the Town. Planning Board Hearing Set on Livestock Barn near Hallocks Bay Planning Board Hearing Monday, September 11, 2017 6:00 PM Town Hall 53095 Main Road Southold The Southold Planning Board has set a hearing for public comment on a proposal to build a 9000 square foot barn to house livestock on Main Road, next to Narrow River Road in Orient. The farm was bought by Steve Tenedios. The proposal is sometimes referred to as "Fresh & Co.," a reference to a company that owns a chain of restaurants in New York City owned by Mr. Tenedios,. The farm was previously owned by Maureen Cullinane. Maureen had a 1700 foot henhouse where she raised about 300 chickens for their eggs. The remainder of the land was farmed by Danny Latham, raising vegetables and flowers. The Town of Southold placed the land on its Community Preservation Plan and sought to purchase the development rights for three reasons: agricultural preservation, lands of exceptional scenic value, and wetland protection. The development rights on the land were sold by Maureen to the Town in 2002. The deed restricts uses that would "detract from, or adversely affect the open space and scenic value that is protected by this development rights purchase and easement." The file on the purchase of development Rights can be found below: [Development Rights Preservation] !ILj?:H2 1'.38.28, 28 20 ,0/w,emlil,itik/O/C�lo/ 75 8/P a .'1...asp, Mr. Tenedios has filed plans for the proposed barn. He has indicated that, in addition to vegetables, he plans on raising meat and dairy goats, pigs, sheep, and chickens on the farm. The filing can be seen online by clicking on the link below: [Planning Board File] Lltll? 1/ 4, 8 3 22.5:2040/ et liiil lf)O( ioz.w. a ' acj_0 0235,&searchid=f9f74923,-c776-4789-b797 255f2fab01 a9&dbid=0 The submissions by the landowner make several factual representations that appear incorrect including: • There are no restrictions based on sale of development rights (there are); • The need to preserve open space and scenic value is not applicable (the deed says it is) • The property is not adjacent to a State designated Critical Environmental Area (it is— Hallocks Bay) • The Property does not lie in or next to a State designated Significant Coastal Fish and Wildlife Habitat (a designated habitat is on and surrounding the property— Long Beach Bay and the State owned tidal wetlands) • No provision for human or animal waste and wastewater is required (it is) • No accessory uses of the property are planned (in a news article, his representative contradicts this) In comments to the Suffolk Times, Fresh & Co. indicated that it also intends to host tours, dinners, cooking classes, culinary educational programs and a "local food and wine festival" on the property. On the Fresh & Co website, the public is invited to a "Fall Harvest Cookout and Bonfire" on the Farm on October 7, 2017. The article in the Suffolk Times and the website information can be found by clicking below: [Suffolk Times Article] Ilt�aj ff l ai 'ietii-r'iesr vi w. wTi tw 1 I �� Imacp, cqurr wworr xr t. f oN::IaN c o provide farm to desk dining,( [Fresh & Co website page] https: WWW.!nstagram. omPBYgScM51vWJ/ In general, such activities are not permitted on land where development rights have been transferred to the Town of Southold. The Orient Association has received numerous inquiries from community members about the impact of this proposed construction and usage. The following is a summary of the issues raised: • Will the animal wastes pose a hazard to Hallocks Bay? • Will the wastes pose a risk to our well water? • Isn't this land in the flood zone? What happens to waste if it floods? • How will this project affect the wetlands on the property? • How will it affect the nearby wetlands? • What provisions are being made for animal wastes, and human wastes by farm workers? • Why isn't an independent review being done by experts to assess the impact? • What will be stored in the barn and what safeguards are being planned in case of flood? • If more water is being drawn to feed animals, will it lead to saltwater intrusion? • Will the proposed barn be an eyesore and detract from the scenic views protected in the deed? • Will this barn be used to store equipment for use elsewhere? • How can they hold events and other non-farming activities on preserved land? No information addressing these concerns appears to be included in the submission by the landowner. In its meeting on August 14, the Planning Board decided that a State Environmental Quality Review Act (SEQRA) submission would not be required.To date, the Town is not requiring the landowner to conduct any tests that might answer the questions raised by the community. If you have concerns, or if you simply want to see what's happening, we encourage you to attend the hearing. Planning Board Hearing Monday, September 11, 2017 6:00 PM Town Hall 53095 Main Road Southold COASTAL FISH& WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Long each Bay Designated: March 15, 1987 Date Revised: May 15,2002 County: Suffolk Town(s): Southold 71/2' Quadrang)e(s): Orient,NY-CT Assessment Criteria Ecosystem Rarity(ER)--the uniqueness of the plant and animal community in the area and the physical,structural,and chemical features supporting this community. ER assessment: Large undisturbed coastal wetland and beach ecosystem,rare in New York State. Eelgrass beds of statewide significance. 64 Species Vulnerability(SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV assessment: Atlantic ridley(E),green(T),and loggerhead (T)turtles documented in area. Osprey(SC),piping plover(E,T-Fed),and least tern(T)nesting. Calculation: 36+(36/2)+(25/4)+(25/8)+(25/16)= 64.98 Human Use(HU)--the conduct of significant,demonstrable commercial,recreational, or educational wildlife-related human uses,either consumptive or non-consumptive,in the area or directly dependent upon the area. HU assessment: Commercial shellfishing area of significance in the northeast region of the United States. Various fish and wildlife recreational activities including clamming are important to Suffolk County residents. Calculation: 25+(4/2)= 27 Population Level(PL)--the concentration of a species in the area during its normal, recurring period of occurrence,regardless of the length of that period of occurrence. PL assessment: Concentrations of scallops unusual in northeastern United States;nesting osprey unusual in the State;nesting piping plover and least terns unusual in Suffolk County. 25 Replaceability(R)--ability to replace the area,either on oro site,with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife,for the same users of those fish and wildlife. R assessment: Irreplaceable. 1.2 Habitat Index=[ER+SV+HU+PL] = 1 . ignificance=HI x R=217.2 Page 1. of 7 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE LONG BEACH BAY LOCATION AND DESCRIPTION OF HABITAT: Long Beach Bay is located on the northeastern fork of Long Island,one mile east of the hamlet of Orient,in the Town of Southold,Suffolk County(7.5' Quadrangle: Orient,NY-CT). This approximately 1,300 acre habitat includes Long Beach Bay,the adjacent State-owned tidal salt marsh areas,and Orient Beach State Park, which is comprised of a long,narrow,sand peninsula protecting the bay area. This area contains a rare example of maritime cedar forest. A salt marsh restoration project,conducted by Cornell Cooperative Extension Marine Program,has occurred on site. Most of the open water area of Long Beach Bay is less than 6 feet deep at mean low water. The Long Beach Bay area also includes the eelgrass beds to the south of the peninsula,to a depth of approximately 10 feet along Long Beach and along the northern portion of Orient Beach State Park. FISH AND WILDLIFE VALUES: Long Beach Bay and Orient Point Marshes comprise 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. The Long Beach Bay area is one of the largest nesting concentrations of osprey(SC)in New York. Almost all of the nests are located on man-made platforms placed around the perimeter of the bay. Significant populations of piping plover(E,T-Fed)and least tem(T)nest annually on Orient Beach. During 1987-1996,numbers of plover nesting pairs have increased; an annual average of 8 pairs and a peak number of 12 pairs (1989) was observed. Least tern averaged 44 nesting pairs annually during the same period,with actual numbers ranging from 7 to 123 pairs (1991 peak). A variety of seabirds,shorebirds,and wading birds use this area for feeding or for stopovers during migration. This area is especially significant as a feeding area for herons,egrets,and ibis which nest on nearby Plum Island. Diamondback terrapin are frequently observed in the marsh. This area may provide important breeding habitat for horseshoe crab,but additional documentation is required. Long Beach Bay is also an important waterfowl wintering area in Suffolk County. Annual aerial surveys of waterfowl abundance during winter for the 1975-1984 period observed average concentrations of over 300 birds in the bay;for the 1986-1996 period an average of over 100 birds were observed each year. Species observed by aerial survey included American black duck, goldeneye,Canada goose,mute swan,and lesser numbers of merganser,bufflehead,and Page 2 of 7 oldsquaw. The 1996 Christmas Bird Count for Orient Point found several hundred individuals of each of the following species: greater scaup,oldsquaw,Canada goose,white-winged scoter,surf scoter,common goldeneye,and red-breasted merganser. A 1996 Peconic Estuary Program study documented a number of eelgrass beds within Long Beach Bay itself,as well as beds of moderate size to the south of Orient Beach and at the bay mouth west of Peters Neck Point. These beds provide important habitat for benthic macrofauna such as the bay scallop. Atlantic ridley (E), green(T),and loggerhead (T) turtles have been documented in the habitat area south of the peninsula. Fish and wildlife recreational activities in the area important to the residents of Suffolk County include waterfowl hunting,fishing,and birdwatching. Bay scallops are abundant in Long Beach Bay,contributing to a commercial shellfishery of significance in the northeastern United States. Also,the bay is one of the top three areas for clams in the Town of Southold,of significance in Suffolk County. Waters of the Narrow River are closed to shellfishing year round. The canal in Hallocks Bay and half of Little Bay are closed to shellfishing between May 1 and October 31. The New York Natural Heritage Program has documented several listed and rare plant species in this area,including: scotch lavage(Ligusticum scothicum,E),dwarf glasswort(Salicornia bigelovii),and seabeach knotweed(Polygonum glaucum). IMPACT ASSESSMENT: 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 of fish 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. Unrestricted use of motorized vessels including personal watercraft in the protected,shallow waters of bays,harbors,and tidal creeks can have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled(e.g.,no wake zones, speed zones,zones of exclusion)in and adjacent to shallow waters and vegetated wetlands. Development of harbor facilities and construction of breakwalls or bulkheads would result in the loss of productive areas which support the fish and wildlife resources of Long Beach Bay. Alternative strategies for the protection of shoreline property should be examined,including innovative,vegetation-based approaches. Docks may be detrimental to nearshore eelgrass beds because of shading,and review of proposed new docks in the Long Beach Bay area should be conducted with these potential impacts to eelgrass beds in mind. Page 3 of 7 Control of invasive nuisance plant species,through a variety of means,may improve fish and wildlife species use of the area and enhance overall wetland values. Nesting shorebirds inhabiting Long Beach Bay are highly vulnerable to disturbance by humans, especially during the nesting and fledging period(March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities(e.g., boat and personal watercraft landing,off-road vehicle use,picnicking)in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g.,dogs,cats) and natural predators may also occur,and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession,through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. Page 4 of 7 KNOWLEDGEABLE CONTACTS: Habitat Unit NYS Department of State Division of Coastal Resources 41 State Street Albany,NY 12231 Phone: (518)474-6000 NYSDEC—Region 1 State University of New York,Building 40 Stony Brook,NY 11790-2356 Phone: (631)444-0354 Bureau of Marine Resources NYSDEC 205 N. Belle Meade Road,Suite 1 East Setauket,NY 11733 Phone: (631)444-0430 Finfish and Crustaceans NYSDEC 205 N.Belle Meade Road,Suite 1 East Setauket,NY 11733 Phone: (631)444-0436 New York Natural Heritage Program Wildlife Resources Center 700 Troy-Schenectady Road Latham,NY 12110 Phone: (518)783-3932 Town of Southold Town Hall 53095 Main Road; P.O.Box 1179 Southold,NY 11971 Phone: (631)765-1801 Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead,NY 11901 Phone: (631) 852-2077 Fags 5 sof 7 NYS Sea Grant Extension Service Cornell University Laboratory 3905 Sound Avenue Riverhead,NY 11901 Phone: (631)727-3910 Cornell Cooperative Extension Marine Program 3690 Cedar each Road Southold,NY 11971 Phone: (631) 852-8660 Paul Stoutenburgh 4015 Skunk Lane Cutchogue,NY 11935 Phone: (631)734-6605 Page 6 of 7 ePt An Ai LONG RE 3CP BAY ac = V . _ 2000 z s � r wiJ V .` �, '' _ sig I a � 74 LONG PEACHB.�I' `�` � f ORIENT fl A R B OIB x GA R-DI.IVERS BAY pppppN VI �g 8r cd � 0RIRNT° H A R B O s _ n fio 03 m� o 03 P f O V7 OR Us G IS I IV E S -� r — -. c ' s 'I'ER ISL. EAS S LOS'S � ma o Prim or,8.5 x I I set i iriteg to¢it to int or red uce by Em s sage'QI; Hallock's Bay Critical Environmental Area (CEA) Effective Date of Designation: 3-24-88 Designating Agency:Town of Southold ro- "., ,,• t 3 C"1'Y� al �uie� ewrr r H01 & r •ra t L gtPei � §� -�aE A W4 P011lt��d x *`"�^ .....,,.. � i^, ', 'p� by k ,ry �,• ✓ 1,yPNP `t mr i IV- Tl" %Nr tr1f � W a ,•r: Terry Pr f Cem.. °` o- °cM aBFACH STATE ARK kr "M d 'm ° D 5 . w. j i1 rsr a ' "aa�'v6 nmu o • V"�." x e_ � I � swR nae/ rill w' eagle Eagles koi.k a �' I t. Int u 8 1 r 5 a s ' LONG BE,4,Cf"1 'slr n,� " 9w"•� .' 1 % MMs 22 Prawns t E ti � µ � 2 Pt ! l 7 LONG /ut ttl �t+a8tnt 54, BAY SUTAeTB�, ,. g ,,.•�Bells Pt "N1 2 Peters f'9 Flf % 21 to Pt 28 3/ 23 14 /0 .�..,-"..... / /7 C s". 15 28 29 0 V 10 �e 22 ✓" to r" /7 Legend 0 1,000 2,000 4,000 6,000 O =Hallock's Bay CEA I`eet R Base Map:1:24,000 DOT Planimetric Images 1 inch equals 2,000 feet Disclaimer:This map was prepared by the New York State Department of Environmental Conservation using the most current data available.It is deemed accurate but is not guaranteed.NYS DEC is not responsible for any inaccuracies in the data. Please contact the designating authority for additional information regarding legal boundary descriptions. 9/5/2017 freshco on fnstagram:"SAVE THE DATE!We're hosting a cookout&bonfire at our farm in Orient,NY on October 7th!Space is limited so email us at..."•1... fre handconyc I - Search G)c� . t0r , ��Ip p Sigin up � Log in JOIN US FO HE freshandconyc SAVE THE DATE! 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