St Stop op the Furrow ows Roa Road Proj oject
Sa Sachem m Commu ommunity Stakeholders’ Mee/ng
St Stakehol olders Meeting Presenta/on • Patrick Fife, Esq. • Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP Adrienne Esposito, Execu/ve • Director – Ci/zens Campaign for the Environment Ques/on and Answer •
Acronyms • DEC – NYS Department of Environmental Conserva/on • SEQRA : NYS Environmental Quality Review Act • FOIL : Freedom of Informa/on Law • NYA : New York & Atlan/c Railway, Inc. • MSW : Municipal Solid Waste • C & D : Construc/on & Demoli/on Debris • BIC : NYC Business Integrity Commission
Stop the Furrows Road Project Guiding Principles 1. We will not be moved in our effort to protect • Our Health • The Environment • Our Homes 2. We will remember those who stood by us and those who didn't
History & Perspec/ve • Islip zoning ordinances established 1938. Town- wide categories created 1956; ordinances uniformly applied throughout the Town By 1962 • Furrows Road Parcels Zoned Industrial 1 District • Outdoor storage of materials and vehicles prohibited. • Some types of asphalt produc/on permided • Max Fehr 1962 purchase of Furrows Road fully treed parcels
Aerial Imagery 1962
LILCO Owned Parcels
Fehr Family Industrial Parcels
Aerial Imagery 1978
Aerial Imagery 1984 LILCO Owned parcels that appear to have been cleared and mined
The 1990s – The Bad Years • 1993 Suffolk County Department of Health Services Board of Review denial of for a waiver from Ar/cle 7 of the Suffolk County Sanitary Code • 1996 DEC grant of “Registra/on” authority for the storage of up to 450,000 cubic yards of solid waste on those parcels
The 1990s – The Bad Years • Outdoor storage of the tailings of the boring of the NYC #3 water tunnel in queens • November 1998 Town of Islip enforcement ac/on – Outdoor storage of materials – Outdoor storage of vehicles – Radio tower – Subdivision of the parcels – Unpermided clearing of land, trees and underbrush
The 2000s – The Beat Goes On • March 2000 applica/on to Islip ZBA for confirma/on of non-conforming use of property for outdoor storage of materials (sand, stone, asphalt and concrete); for trucks; and for installa/on of a radio tower. • August 2000 Islip ZBA found that the expansion of non-conforming storage of materials and vehicles exceeded permissible limits and that subdivision of the parcels likely terminated the non-conforming use of the asphalt plant itself.
The 2000s – The Beat Goes On • January 2001 Islip ZBA determined that the asphalt plant is a legal non-conforming use but denied the applica/on to confirm the non- conforming use for the stockpiling of materials and the parking of vehicles. • February 2001 the Fehrs ini/ated an Ar/cle 78 proceeding in the Supreme Court in Suffolk County seeking annulment of the TOI ZBA’s January decision.
The 2000s – The Beat Goes On • Applica/on to Town Of Islip (TOI) Planning Board for Site Plan Modifica/on to construct a berm, install fencing and landscaping, and dedicate land for the Town’s construc/on of a recharge basin • Following public hearings in June and July, TOI Planning Board approved the applica/on condi/oned upon the execu/on and recording of a Declara/on of Covenants and Restric/ons
The 2000s – The Beat Goes On S/pula/on of Sedlement 1. Pe//oner execute and record Declara/on of Covenants and Restric/ons 2. January 2001 ZBA decision amended to confirm non-conforming use for outdoor storage of material and trucks; and a radio tower 3. Pe//oner enter a plea of nolo contendere in the 5 th District Court and pay fine 4. Ar/cle 78 discon/nued upon recording of Declara/on of Covenants and Restric/ons and payment of 5 th District Court fine
2001 LILCO Owned parcels appear to have been thoroughly cleared and mined and are indis/nguishable from Fehr owned parcels
2004
2006 Apparently Apparently cleared parcels mined parcels
2007 Apparently Apparently cleared parcels mined parcels
2010 Apparently Apparently cleared parcels mined parcels
2013 Apparently Apparently cleared parcels mined parcels
Concerns about the Applicants • Greenrail Transfer – Prior MSW Rail Transport Effort (S/nk Train) – Lawsuits – Prior principal banned from trade waste ac/vity in NY State • Railroad Realty – Principals – Criminal histories – Padern of dubious business prac/ces – Mul/ple lawsuits allege illegal mining and dumping – Poten/al involvement in as yet unresolved illegal mining and dumping on Furrows Rd. parcels
Concerns about the Applica/ons • Disclosure of prior felony convic/ons • Disclosure of all business interests • SEQRA review – Environmental Assessment Form incomplete • Public no/ce • Strategic partner NY & Atlan/c Railway alleges applica/on contains false informa/on • No/ce to Suffolk County Planning Department
Concerns about the Project • No precedent to judge viability • Poten/al environmental impact from irresponsible opera/on is significant – Offensive odors – Excessive noise – Vectors (Vermin) – Contamina/on • Applicants unable to reliably schedule rail car delivery, dwell and departure /mes • Operator history of irresponsible business prac/ces • Lack of environmental impact assessment
History of Inadequate Regula/on • Town of Islip Zoning • Improper expansion of commercial ac/vi/es • Unauthorized commercial ac/vi/es • Improper subdivision of lots • DEC grant of “Regula/on” authority for solid waste processing - 1996 • Unlawful clearing, mining and dumping • DEC and Town of Islip failure to detect, deter or prevent unlawful ac/vi/es over years
History of Inadequate Regula/on • Failure to ac/vely monitor and enforce • DEC failure to condi/on “Registra/on” authority upon compliance with County and Municipal land use and zoning codes, regula/ons, and restric/ons • Failure and refusal of DEC to provide con/nuous ac/ve air monitoring for neighboring residen/al communi/es
Health Implica/ons of Exis/ng Ac/vi/es • Construc/on & Demoli/on debris frequently contains breathable par/cles of the known human carcinogens asbestos and silica • 2015 DEC tes/ng verified the migra/on of par/culates from the industrial parcels to neighboring homes • Dumping of solid waste by an operator with a criminal history of dumping prohibited and dangerous waste and by unmarked vehicles suggests profound risks
Relevant Statutes & Codes • NYS General Municipal Law §239-m [requires no/ce to & comment from Suffolk County Planning Department and Brookhaven Town] • NYS ECL §27-0711 [provides for overlapping jurisdic/on] • Suffolk County Sanitary Code [applies to opera/on on those parcels] • Islip Town Code Chapter 21 [Requires DEC permit and Islip Town Planning Dept. Approval]
Town of Islip • Arrogant and indifferent leadership • Failure to enforce land use & zoning codes • Refusal to provide public access to public records • Dumping scandal – offensive tolerance • Owns con/guous parcel: in their backyard • Seemingly endless parade of officials arrested – indicted – convicted.
Illegal Mining Opera/on
Parcels Iden/fied | Referenced in NOV
Parcels Iden/fied | Mined Parcels 2016 Referenced DEC NOV
Parcels Iden/fied in Mined Parcels 2016 DEC Consent Order
MISSION ACCOMPLISHED! - NOT
MISSION ACCOMPLISHED! - NOT
Mined Western Parcels 2016
Mined Western Parcels 2016
Mined Western Parcels 2016
Heavy Equipment Involved in Illegal Mining of Western Parcels
Heavy Equipment Involved in Illegal Mining of Western Parcels
Heavy Equipment Involved in Illegal Mining of Western Parcels
Heavy Equipment Involved in Illegal Mining of Western Parcels
Heavy Equipment Involved in Illegal Mining of Western Parcels
Heavy Equipment Involved in Illegal Mining of Western Parcels
Heavy Equipment Opera/ng on Fehr Owned Parcels
Heavy Equipment Opera/ng on Fehr Owned Parcels
Heavy Equipment Opera/ng on Fehr Owned Parcels
Heavy Equipment Opera/ng on Fehr Owned Parcels
Heavy Equipment on Fehr Parcels
Heavy Equipment on Fehr Parcels
Heavy Equipment Mining LILCO Owned Parcel 2006
Heavy Equipment Mining LILCO Owned Parcel 2006
LILCO Owned Parcel Mined 2007
Mined Western Parcels 2016
Mining Progression
Mining Opera/on Access & Egress
Mining Opera/on Access & Egress
Mining Opera/on Access & Egress
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