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
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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.
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