Environment & Nature

As the calendar creeps into March, the North Shore of Long Island is not quite experiencing spring weather just yet. The entire East Coast of the United States was battered by Winter Storm Riley, which arrived during the morning hours March 2, with a combination of high winds, rapid rainfall and shear duration causing severe flooding and power outages locally in addition to several casualties elsewhere.

The nor’easter, or a storm along the East Coast of North America with winds over the coastal area blowing from the northeast, according to the National Weather Service, left more than 128,000 PSEG Long Island customers without power over the weekend. As of 8:30 p.m. March 4, the utility said more than 99 percent of its affected customers had power restored.

“Nor’easters are always a challenge and something that is a concern for us here, particularly when it comes to issues like power outages, flooding and coastal erosion,” Suffolk County Executive Steve Bellone (D) said during the afternoon March 2 while providing an update to residents about the storm. People worry about interruptions in the supply of drugs from online pharmacies. “This storm in particular is a challenge for a couple of reasons. You are combining here high winds and a significant amount of rainfall. When you have those two things happening at the same time you are creating an environment for power outages, downed power lines, downed trees blocking roadways. Those are all the things we are monitoring, watching out for.”

Bellone said he had been in touch with New York Gov. Andrew Cuomo’s (D) office, and the state had offered to provide Suffolk with any additional equipment or personnel it required to effectively deal with Riley.

Much of Suffolk County experienced between 2 ½ and four inches of rainfall during the storm, according to the National Weather Service. Wind gusts in Suffolk reached as high as 78 mph in Middle Island, 51 mph in East Northport and 43 in Miller Place.

Port Jefferson Village, or Drowned Meadow as it was originally called in past centuries, endured substantial flooding. One Facebook poster joked Main Street in Port Jeff resembled Venice, Italy.

“We have flooding downtown folks and are now at high tide,” the village posted on its official Facebook page at about 11 a.m. March 2, adding several village streets had to be closed due to flooding. “We will keep you posted. Stay safe!”

There will be no rest for the weary hoping the passing of Riley would signal a shift toward spring weather, as the National Weather Service issued a winter storm watch for much of the region March 5 calling for a winter storm that could bring several inches of snow beginning late March 6 into March 7.

U.S. Rep. Lee Zeldin. Flie photo by Alex Petroski

If it wasn’t clear following six hours of Valentine’s Day testimony, the usual suspects were at it once again delivering a unified message against the possibility of offshore drilling in the Atlantic Ocean.

Representatives from the United States Department of the Interior were at Brookhaven Town Hall March 2 to hear public comments from lawmakers across the political spectrum demand its proposed plan to expand natural gas and oil drilling along coastal waters be scrapped. The Feb. 14 hearing, which did not feature departmental participation, was held in the Suffolk County Legislature building in Hauppauge, an alternative to the federal bureau’s original plan for a single public hearing in Albany that took place the next day. Long Island lawmakers vehemently pushed back on the single upstate hearing, demanding at least one downstate hearing due to the impact such a plan might have locally.

Though the interior didn’t hear the first batch of testimony on Long Island in February, State Assemblyman and Committee on Environmental Conservation Chairman Steve Englebright (D-Setauket) said a transcript of the entire meeting would be submitted as written public comment on the proposal. Neither of the two local hearings featured a single speaker in favor of proceeding with offshore drilling off the coast of Long Island.

Lawmakers wait for an opportunity to speak in opposition to an offshore drilling plan during a hearing at Brookhaven Town Hall March 2. Photo by Alex Petroski

First District U.S. Rep. Lee Zeldin (R-Shirley) played a vital role in securing the hearing in his home district, calling the initial one-Albany-hearing plan “unacceptable” Friday.

Zeldin and others reiterated the fact that there currently is not evidence to suggest the resources that would be drilled for currently exist off the coast of Long Island, in addition to the hazardous impact the plan would have on marine life. The congressman stopped short of joining lawmakers to his political left in calling for investment in renewable sources of energy as opposed to more drilling for oil and gas, though he has voted for such legislation in the past.

“Drilling in the ocean for gas or oil is foolhardy,” Brookhaven Town Supervisor Ed Romaine (R) said during his remarks. “We should be looking at alternative energy. This is not a Republican or Democrat issue — it’s a common-sense issue.”

In the Jan. 4 announcement, Ryan Zinke, secretary of the interior, said developing resources on the Outer Continental Shelf would provide billions of dollars to fund the conservation of coastlines, public lands and park.

“The important thing is we strike the right balance to protect our coasts and people while still powering America and achieving American Energy Dominance,” Zinke said in the statement.

Public comments on the proposal can be submitted on the department’s website through March 9 by visiting https://www.boem.gov/National-Program-Comment/#submitcomments.

Notable quotes from the March 2 hearing:

Adrienne Esposito, executive director of Citizens Campaign for the Environment: “Here on Long Island, we are a maritime community. We grow up with one foot in the water, one foot on the land — a fishing pole in one hand and a crab trap in the other. That’s who we are. You might think we love living on Long Island because we love the taxes, or we just love traffic, but that’s not it. We love living by the water. It’s what makes us live here.”

Carrie Meek Gallagher, New York State Department of Environmental Conservation Region 1 director: “Seismic surveys necessary for oil and gas resource exploration include air gun blasts every 10 to 20 seconds, 24 hours per day for weeks to months at a time. The low frequency, high energy sound they produce is harmful to marine mammals, including numerous endangered whales that are present off our coast.”

Assemblyman Steve Englebright: “New York has committed to meeting future energy goals though clean, renewable sources like wind and solar. The state is working to shape an energy portfolio that moves away from carbon pollution toward renewable resources that will help mitigate the impacts of climate change in coastal communities from sea level rise to more extreme and frequent storms. The federal proposal is incompatible with that.”

Christine Pellegrino (D), New York State Assembly 9th District, Environmental Conservation Committee: “Our communities were devastated by Hurricane Sandy, and five years later we’re still not whole. Natural disasters can greatly increase the chance of a spill. Are you willing to risk our island, because I am not. Environmental groups warn that just opening the door to oil drilling in pristine federal lands and waters could lead to more tragic spills like the Deepwater Horizon oil spill in 2010 that dumped more than 4 million barrels of oil over an 87-day period before it was capped.”

Kevin McCallister, founder and president Defend H2O: “It’s not a question of if [an oil spill will happen], but it’s a question of when and where. Unlike some from New York certainly concerned about Long Island, I submit that we’ve got to keep [offshore drilling] off the entire East Coast. I think this is obviously regression when we should be moving toward renewables. To really slip back in time in environmental intelligence is quite concerning.”

Kristen Jarnagin, Discover Long Island president and CEO: “Tourism on Long Island is a $5.6 billion industry. It supports more than 100,000 local jobs. Tourism is much more than vacationers enjoying our pristine beaches. More than 80 percent of our tourism industry is made up of small business — hotels, restaurants, transportation companies, boutique owners, wineries, farmers and the endless indirect businesses that thrive on the success of our industry including banks, audio/visual companies, landscapers, lawyers, attorneys and much more … Overnight that could all change, and those revenues and jobs can be stripped from the economy if not protected.”

This post was updated March 5 to include U.S. Rep. Lee Zeldin’s prior support for legislation directed toward researching renewable energy.

Elected officials, scientists and environmentalists filled the legislative auditorium of the William H. Rogers Building last year to provide testimony against offshore drilling in the Atlantic Ocean. Photo by Maria Hoffman

Long Islanders filled the legislative auditorium of the William H. Rogers Building in Hauppauge Feb. 14 to let the federal government know that the Atlantic Ocean is not the place for offshore drilling.

In a public hearing, state legislators, including Assemblyman Steve Englebright (D-Setauket), listened to more than five hours of testimony provided by nearly 50 local elected officials, scientists and environmentalists. The hearing followed the Jan. 4 announcement made by the U.S. Department of the Interior proposing plans for expansion of natural gas and oil drilling along coastal waters. The plan includes the potential lease of acreage in federal offshore areas such as the Atlantic region.

In the Jan. 4 announcement, Ryan Zinke, secretary of the interior, said developing resources on the Outer Continental Shelf would provide billions of dollars to fund the conservation of coastlines, public lands and park. He noted that not all areas are appropriate for offshore drilling and laid out the plan for hearings across the country in the areas that may be affected.

“The important thing is we strike the right balance to protect our coasts and people while still powering America and achieving American Energy Dominance,” Zinke said in the statement.

Assemblyman Steve Englebright addresses the crowd before a Feb. 14 hearing in Hauppauge concerning the proposal of offshore drilling in the Atlantic Ocean. Photo by Maria Hoffman

“The Atlantic Outer Continental Shelf is not an appropriate area for offshore drilling, period,” Englebright said in the beginning of the Long Island hearing. “There are many reasons for that, and we’ll hear some of those reasons, I’m sure, today, but the risks associated with drilling, including oil spills, far outweigh any potential benefits. Especially since the state is currently working to advance renewable energy projects on our continental shelf area rather than climate change inducing, fossil fuel-oriented projects such as the drilling.”

While the federal government chose to hold a public hearing in Albany Feb. 15, Englebright said the location, as opposed to coastal areas in the state, was not the right spot for such a hearing as inland would not be impacted like coastal areas would be if offshore drilling would occur in the Atlantic. He also said many who live by and are worried about local waters may not have been able to travel to the federal hearing.

Speakers during the Long Island hearing touched on the ramifications drilling would have on the area in regard to water quality, marine life, coastal management and more.

Brookhaven Town Supervisor Ed Romaine (R), who wrote two letters to Zinke, one opposing drilling in the Atlantic and Arctic oceans and another one requesting a hearing on Long Island, read from one of the letters.

“Brookhaven Town has the largest coastline of any town on Long Island with three distinct coastal waters; ocean, bay and sound,” Romaine said. “As supervisor, I do not support drilling in waters off our coastline.”

The supervisor said he supported forms of renewable energy such as wind, solar and geothermal because an oil spill anywhere along the Atlantic coast could decimate large portions of the town’s coastline and negatively affect the coastal economy.

“The 1970s called, and they want their energy plan back.”

— Adrienne Esposito

“The Long Island coastline supports nearly 350,000 jobs and generates millions of dollars through tourism, fishing and other industries,” Romaine said, adding he was also concerned about the potential environmental harm to Fire Island.

Romaine said he’s also concerned about the expiration of the 9-cent per oil barrel tax which funds emergency cleanups of spills. He said the lack of a congressional plan to extend the tax makes ocean drilling riskier than ever.

Adrienne Esposito, executive director of Citizens Campaign for the Environment, also suggested more modern energy solutions.

“The 1970s called, and they want their energy plan back,” she said.

Esposito cited a 1990 study that was conducted after the 1989 Exxon Valdez oil spill in Prince William Sound, Alaska. She said the study showed a $19 million decrease in tourism dollars the summer of the oil spill in Alaska and 43 percent of businesses in the Gulf of Alaska significantly or completely shut down. Esposito said the ocean generates $24 billion into New York’s economy every year. She also raised health concerns, calling crude oil a toxin.

“It causes kidney liver and lung damage and can even kill people,” Esposito said. “It can cause neurological damage and endocrine disruption — things that are vastly overlooked.”

Speakers also highlighted the effects of seismic testing, which uses air gun blasting to locate underwater fossil fuels. Guy Jacob, conservation chair of the Nassau Hiking & Outdoor Club, said seismic booms are among the loudest underwater noises recorded and the proposed plan would give businesses permission “to fire seismic air guns every 10 seconds, 24 hours a day for months.” He said that a single vessel could deploy up to 96 air guns, which in turn is damaging to marine life and the fishing industry.

“Seismic blasts drive commercially-viable fish literally running for their lives. While the fossil fuel industry profits, our fishing industry suffers.”

— Guy Jacob

“Because water is such an excellent conduit for sound, seismic blasts become weapons of mass mutilation maiming and slaughtering organisms, from the largest whales to the most diminutive invertebrates throughout the web of marine life,” Jacob said. “Seismic blasts drive commercially-viable fish literally running for their lives. While the fossil fuel industry profits, our fishing industry suffers.”

Kevin McAllister, founder and president of the nonprofit Defend H2O, spoke of the ecological impacts from oil spills at the hearing. He said after the 1969 Santa Barbara oil spill, 36,000 birds and hundreds of marine mammals died. McAllister said only 10 percent of the oil was effectively cleaned up after the Exxon Valdez spill, and as of 2007, more than 26,000 gallons of oil remain in shoreline sentiments. According to McAllister, the 2010 Deep Water Horizon oil spill in the Gulf of Mexico impacted 68,000 square miles of ocean, the size of Oklahoma, and washed up on 1,074 miles of coastline.

During a phone interview after the hearing, McAllister said he felt the hearing was productive. He said he hopes other Atlantic states will join in a lawsuit against the federal government if New York state moves forward in filing one. During the hearing, Peter Washburn, policy adviser in the attorney general’s environmental protection bureau, said the New York State Attorney General is prepared to sue the interior department.

Englebright said a transcript of the hearing will be submitted to the federal government prior to March 9, the end of the comment period.

Developer decides not to proceed with low-nitrogen septic systems for Stony Brook Square shopping center

Construction will soon begin on the Stony Brook Square shopping center, rendering above. Photo from the Stony Brook Square website

By Rita J. Egan

After three years of planning and changes, things are gearing up for the Stony Brook Square shopping center, which will be located near the Long Island Rail Road Station in Stony Brook on Route 25A. However, local environmentalists and legislators are disappointed the developer will not be installing low-nitrogen septic systems.

While the developer, Parviz Farahzad, a former scientist with Brookhaven National Laboratory, was encouraged by Brookhaven Town and the Suffolk County Department of Health Services to install a low-nitrogen septic system, and said he originally hoped to, he has now opted to use a traditional waste system.

“It’s in the area that if you flush the toilet there, under two years that water ends up in the harbor loaded with nitrogen.”

— George Hoffman

In a letter dated Jan. 4, 2017, to Brookhaven Town Supervisor Ed Romaine (R), SCDHS Commissioner James Tomarken said the Stony Brook Square property was proposed to be served by public water and on-site sewage, and advanced wastewater treatment was not required under the current Suffolk County Sanitary Code. However, he wrote that the systems were encouraged by the county for both new development and retrofits to existing development.

“Although nitrogen reduction from advanced wastewater treatment is not required for this project, Suffolk County would be committed to working with the town and the applicant in reviewing the potential use of alternative, advanced wastewater treatment technology,” Tomarken wrote.

George Hoffman, co-founder of the Setauket  Harbor Task Force and vice president of the Three Village Civic Association, said he and other environmentalists were disappointed to hear Farahzad was not installing the low-nitrogen systems. Hoffman calls the septic systems the “wave of the future” and said he believes most commercial properties will install them in the next year or so.

“Everybody at some point, when it comes time to redevelopment, they should be putting in low-nitrogen systems,” he said. “It’s crazy to put in the old system that we know really doesn’t work and could cause problems.”

Hoffman said the shopping center site, which is a mile from Stony Brook Harbor, is within the watershed of the waterway.

“It’s in the area that if you flush the toilet there, under two years that water ends up in the harbor loaded with nitrogen,” Hoffman said. “It really is a missed opportunity. He knows our concerns. He can be a real leader here in the community. I think people would think very highly that he was doing the right thing.”

The land parcel was recently fenced off to prepare for construction. Photo by Rita J. Egan

Brookhaven Town Councilwoman Valerie Cartright (D-Port Jefferson Station), who spearheaded community visioning meetings for Route 25A, said the town encourages project applicants to follow environmentally friendly practices when possible.

“In this case, both the town planning board and the 25A Citizens Advisory Commission strongly encouraged the applicant to utilize a low-nitrogen septic system,” Cartright said. “As of earlier last year, it was the town’s understanding that the applicant would be applying for the low-nitrogen system. This recent development is very disappointing and a missed opportunity to benefit our environment.”

According to the SCDHS website, three systems have been approved for commercial properties that process between 1,000 and 15,000 gallons of water per day. According to Tomarken’s letter to Romaine, the calculation for the proposed density flow of the shopping center was 1,800 gpd.

County Legislator Kara Hahn (D-Setauket) said Farahzad met with SCHDS staff members who were eager to assist him, and other Suffolk County developers have used the systems.

“As the county health department works to update county requirements for on-site wastewater treatment, this project could have led the way and shown our community that our drinking and surface waters are a priority to protect,” Hahn said.

Farahzad said he was hesitant to use technology that he feels is fairly new, and he said he feared if it failed it could let off obnoxious odors in an area surrounded by homes.

“If you want true elimination [of nitrogen] — basically what we want for it not to get into the groundwater — you have to have a sewer system.”

— Parviz Farahzad

The developer said such systems only reduce a percentage of nitrogen, and he believes sewers are more appropriate for commercial use. If a sewer district was established in the area, he said he would immediately connect the shopping center to it.

“If you want true elimination [of nitrogen] — basically what we want for it not to get into the groundwater — you have to have a sewer system,” Farahzad said.

Development of the shopping center was approved at the March 6, 2017, Town of Brookhaven Planning Board meeting. Farahzad agreed to add more trees to the final site than originally planned and will require tenants to use signage that consists of wood-base signs with gooseneck lighting, among other concessions after receiving community feedback. He said originally there were plans to add a clock tower; however, residents at a town board meeting objected to permitting a 60-foot height to raise a clock tower in the middle building at the rear of the center.

“It’s going to be something that is good for the community, good for the university, good for The Stony Brook School,” Farahzad said. “These are the people that are going to basically need it.”

In December, the vacant nursery that stood on the land designated for revisioning was demolished, and the parcel is currently fenced off and ready for construction once the weather warms up. Farahzad said it will take a year before the shopping center is completed, and owners of a bank, restaurants, a neighborhood pharmacy and a coffeehouse have already shown interest in leasing.

Town of Brookhaven submits grant application to pay for dredging

A grant would help pay for dredging of Miller Place Duck Pond. File photo by Giselle Barkley

A local ecosystem needs saving.

The Miller Place Duck Pond — located at the intersection of North Country Road and Rocky Point Landing Road — is too low, looks dirty in the summertime and appears to be invaded by destructive species.

Those are some of the complaints residents have made to Tom Carrano, Brookhaven’s assistant waterways management supervisor, who, along with his team, has been monitoring the pond in recent years, determining that the concerns are valid.

The small but vibrant pool of water, which sits across from Laddie A. Decker Sound Beach School and has long served as an educational tool for its teachers, has been found to be overrun with a multitude of plant species not native to Long Island, some identified and some not, which Carrano said have the potential to “wreak real havoc.”

“There aren’t that many areas left where local amphibians and reptiles can go on the North Shore, so these small systems are extremely important.”

— Tom Carrano

The pond currently contains water lilies, plants that thrive in areas of high nitrogen loading and sedimentation, and, possibly, Caboma and watermilfoils — plants whose root systems are known to threaten the quality of fresh waters, greatly affecting swimming and fishing.

Because of these findings, the town board recently submitted a grant application to the Suffolk County Water Quality Protection and Restoration Program as well as the Stewardship Initiative in hopes of acquiring funds to eradicate the invasive species and restore and maintain the health of the water.

“We’re just hoping to make this little ecosystem — which is very special to the community — better than it is today,” Carrano said. “There aren’t that many areas left where local amphibians and reptiles can go on the North Shore, so these small systems are extremely important.”

The restoration, of which the projected cost is $240,000 with a $120,000 town match, will include dredging the pond to remove excess sediments and all invasive plant matter and using the highway department’s Vortechs unit — a hydrodynamic separator that “combines swirl concentration and flow controls into a shallow treatment unit and retains trash, debris, sediment and hydrocarbons” — to reduce stormwater runoff and filter clean water from natural wetlands. If the grant is received, Carrano said he expects work would begin in the summer of 2019.

“We have a very comprehensive plan that we’ve worked on and we’d like to go after some grant funding to go and take care of it,” Councilwoman Jane Bonner (C-Rocky Point) said. “We’re taking it piece by piece. We know we can do the dredging in-house, because we’ve done so in the past.”

Bonner said the pond was dredged and invasive species were taken out in the 1980s, but said the problem is, over time, people dump their own fish into the water.

Miller Place Duck Pond, which has been contaminated by nonnative fish and plants being dumped into it, warns against dumping on a sign by the pond. Photo by Kevin Redding

“[Dumping] what’s in their own fish tanks, such as plants, and they’re not native to the Island,” she said. “Birds drop seeds, animals drop seeds and then you have invasives. The grant funds will go toward bringing the pond back to where it was.”

Carrano said by installing the Vortechs unit and creating a cleaner water filter, he is confident it would stop all sediments from entering the water again, eliminating the need to have to worry about dredging the pond for a “very long time after this.”

Although the wetland is outside of his district, state Assemblyman Steve Englebright (D-Setauket) spoke highly of the plan to save it, calling the pond “a crown jewel” in the Miller Place community.

“This is a very important water body simply because it anchors one end of the historic district in Miller Place and is, visually, critically important to the sense of place for that whole area,” the assemblyman said, noting insects reproduce in the water, and it attracts birds, reptiles and local wildlife. “We don’t have many ponds on Long Island on an overall landscape basis and open freshwater bodies are extremely rare, so I would strongly support the idea of restoring it.”

He did, however, warn dredging too deep with a perched pond like this runs the risk of taking away the clay base that holds the water.

“That would not be good,” Englebright said. “So, while dredging makes sense, it also makes sense to try to restore the pond a shallow depth rather than gauging down deeper, which could be dangerous.”

Local government officials at all levels are pushing for the Shoreham woods adjacent to the Pine Barrens be spared from development. Gov. Andrew Cuomo put plans in his preliminary budget despite vetoing a bill to save the trees. File photo by Kevin Redding

By Kevin Redding

Suffolk County elected officials learned last week that with perseverance comes preservation.

In a surprising move, Gov. Andrew Cuomo (D) unveiled in his 2018-19 executive budget Jan. 16 that roughly 840 acres in Shoreham would be preserved as part of an expansion of Long Island’s publicly protected Central Pine Barrens. This proposal — which, if the budget is passed, would make the scenic stretch of property surrounding the abandoned Shoreham nuclear power plant off limits to developers — came less than a month after Cuomo vetoed a bill co-sponsored by state Assemblyman Steve Englebright (D-Setauket) and state Sen. Ken LaValle (R-Port Jefferson) calling for that very action.

A proposal was made to cut down a majority of the more than 800 acres in favor of a solar farm. Photo by Kevin Redding

“We saw that he did a cut and paste of our bill,” Englebright said. “It left in all of the language from our bill for the Shoreham site and now that’s in the proposed executive budget. That is really significant because, with this initiative as an amendment to the Pine Barrens, this will really have a dramatic long-term impact on helping to stabilize the land use of the eastern half of Long Island. The governor could do something weird, but as far as Shoreham goes, it is likely he will hold his words, which are our words.”

The bill, which passed overwhelmingly through the two houses of the Legislature in June but was axed by the governor Dec. 18, aimed to protect both the Shoreham property and a 100-acre parcel of Mastic woods from being dismantled and developed into solar farms.

Both Englebright and LaValle, as well as Brookhaven Town Supervisor Ed Romaine (R), pushed that while they provide an important renewable energy, solar panels should not be installed on pristine ecosystems. They even worked right up until the veto was issued to provide a list of alternative, town-owned sites for solar installation “that did not require the removal of a single tree,” according to Romaine.

In Cuomo’s veto, he wrote, “to sign the bill as drafted would be a step in the wrong direction by moving away from a clean energy future instead of leaning into it.” Englebright said he and his colleagues planned to re-introduce the legislation a week or two after the veto was issued and was actively working on it when the proposed budget was released.

The legislation’s Mastic portion, however, was not part of the budget — an exclusion Englebright said he wasn’t surprised by.

State Assemblyman Steve Englebright, despite Shoreham not being in his coverage area, has been pushing to save the virgin Shoreham property from development. File photo

“During negotiations leading up to the bill’s veto, the governor’s representatives put forward that we let Mastic go and just do Shoreham — we rejected that,” he said. “We didn’t want to set that precedent of one site against the other. So he vetoed the bill. But his ego was already tied into it.”

The 100 acres on the Mastic property — at the headwaters of the Forge River — is owned by Jerry Rosengarten, who hired a lobbyist for Cuomo to veto the bill. He is expected to move ahead with plans for the Middle Island Solar Farm, a 67,000-panel green energy development on the property. But Englebright said he hasn’t given up on Mastic.

“We’re standing still in the direction of preservation for both sites,” he said. “My hope is that some of the ideas I was advocating for during those negotiations leading up to the veto will be considered.”

Romaine said he is on Englebright’s side.

“While I support the governor’s initiative and anything that preserves land and adds to the Pine Barrens, obviously my preference would be for Steve Englebright’s bill to go forward,” Romaine said. “There are areas where developments should take place, but those two particular sites are not where development should take place.”

Dick Amper, executive director of the Long Island Pine Barrens Society, who has been vocal against the veto and proposals for solar on both sites, said Cuomo is moving in the right direction with this decision.

“It’s clear that the governor wants to avoid a false choice such as cutting down Pine Barrens to construct solar,” Amper said. “I think he wants land and water protected on the one hand and solar and wind developed on the other hand. I believe we can have all of these by directing solar to rooftops, parking lots and previously cleared land.”

New law closes loophole to permanently ban replacement of old, primitive cesspool technology to reduce nitrogen levels in water

Suffolk County Executive Steve Bellone, center, displays the new county law banning the updating or instillation of primitive cesspools and the technology associated with them, as he’s surrounded by local leaders and environmental group organizers during a press conference. Photo from Suffolk County Executive Steve Bellone’s office

Repairing old cesspools is now a thing of the past in Suffolk County.

As part of an ongoing effort to improve water quality on Long Island, Suffolk County Executive Steve Bellone (D) signed into law a ban on installing new cesspools, ending the practice of grandfathering inadequate
sanitary system fixes with the now-primitive technology.

“It marks another historic step forward in our ongoing effort to reverse decades of nitrogen pollution that has degraded water quality in our lakes, bays and harbors, and it is a step that is long overdue,” Bellone said. “It is fairly unusual for the local governments, environmental groups and the region’s largest builders group to agree on the importance of tightening up outdated regulations to protect water quality, but that is exactly what happened in this instance. This inclusive, collaborative approach is making a huge difference in our efforts to reduce decades of nitrogen pollution.”

Cesspools have been identified as primary sources of nitrogen pollution that have degraded water quality throughout Suffolk County, contributing to harmful algae blooms, beach closures and fish kills. The use of cesspools in new construction has been banned in the county since 1973, when a requirement for the addition of a septic tank was added, but the county sanitary code did not require that homeowners add a septic tank when replacing an existing cesspool, making it legal to install a new cesspool to replace an existing one. By now closing this loophole, it will advance the water quality efforts undertaken by the county and set the stage for the evolution away from the use of nonperforming cesspools and septic systems to the use of new, state-of-the-art technologies that reduce nitrogen in residential wastewater by up to 70 percent, according to Bellone.

“With this action, I would like to say that we, as a county, have adopted the policies necessary to adequately address our region’s nitrogen pollution problems, but in reality, this gets us closer to where we should have been in the decades following 1973,” said county Legislator Kara Hahn (D-Setauket), a co-sponsor of the Article 6 revisions and chairwoman of the Suffolk County Legislature’s Environment, Planning and Agriculture Committee. “I look forward to continuing the process of finally bringing Suffolk County’s sanitary code into the 21st century.”

In addition to banning the installation of new cesspools, the law approved by the Suffolk County Legislature Dec. 5 requires the wastewater industry to provide data regarding system replacement and pumping activities to the Department of Health Services beginning July 1, 2018. It also mandates permits for replacement of existing systems effective July 1, 2019, and requires business properties with grandfathered nonconforming wastewater flows to install nitrogen-reducing advanced systems if making significant changes to the use of the property.

Adrienne Esposito, executive director of Citizens Campaign for the Environment, joined forces with other environmental group leaders in thanking the county for what was a necessary step in eliminating nitrogen from groundwater.

“We can no longer allow inadequately treated sewage to mix with our sole source of drinking water,” she said. “Modernizing our health codes is a commonsense action that is critically needed for water protection.”

Richard Amper, executive director of the Long Island Pine Barrens Society, said he was overjoyed by the “huge step,” ending pollution by what he called Suffolk’s No. 1 threat to clean water.

“Now, we’re not just complaining,” he said. “We’re doing something about it.”

For the past three years, Suffolk’s Legislature has instituted a pilot program to test the new technologies, using a lottery system to select homeowners willing to have a donated system installed to demonstrate system performance. Under the pilot program, a total of 14 different technologies have been installed at 39 homes throughout the county. Four have been provisionally approved for use after demonstrating six months of acceptable operating data. As part of continued efforts, a voluntary Septic Improvement Program, the first of its kind in the state, was launched in July 2017 to provide grants and low-interest financing to make the replacement of cesspools and septic systems with new innovative/alternative technologies affordable for homeowners who choose to upgrade their systems. Over the first five months, nearly 850 homeowners have registered for the program, 228 have completed applications and 160 have been awarded grants and are moving toward installation of the new systems.

Suffolk County was the first in the state to apply for funding from New York State’s newly created $75 million Septic System Replacement Fund and will use the funding to expand its efforts to see the new technologies installed throughout the county.

The changes are the first in what is expected to be a series of updates to the county sanitary code over the next several years as county officials consider whether to put in place policies that require new nitrogen-
reducing systems in new construction projects, require installation of the new systems when a cesspool or septic system fails and needs to be replaced, or upon sale of a property. For now, all parties involved are on the same page moving forward, including both a working group comprised of county legislators, town planners and engineers with members of environmental organizations, as well as the Long Island Builders Institute.

“There is more work to do,” said Kevin McDonald, conservation finance and policy director for The Nature Conservancy on Long Island. “But passage of this bill means less nitrogen pollution in our water, and more resilient, healthy bays and people for generations to come.”

An eroding bluff at Long Beach has been stabilized by constructing a stone seawall at the bluff’s base. The bluff has been terraced to capture material that rolls down from the top and can be planted with vegetation that will help stabilize it. Photo from R. Lawrence Swanson

By R. Lawrence Swanson

Much has been proposed, written, and even implemented, to sustain, armor, adapt, make resilient and conserve the low-lying areas of Long Island’s South Shore since Hurricane Sandy five years ago. That coast is vulnerable to extensive inundation by accelerated sea level rise, the vagaries of storm surges and climate change. Indeed, there are core areas that now flood regularly on the semi-monthly spring tides.

The North Shore of the Island has been largely neglected in the sea level rise/storm surge discussions and planning even though it is equally vulnerable to these processes. The entire geomorphology of the North Shore is subject to change with or without anthropogenic intervention. The challenge is to be able to manage this change so that the environmental services — harbors of refuge, beaches, wetlands, fisheries, aesthetics — provided by the complex, precarious topography of the North Shore remain functionally stable for the region, communities and private interests.

Much of the North Shore is composed of unconsolidated morainal bluffs — many 50 feet or higher — accompanied by down-current cobble barrier beaches. These spits form the small pocket bays and harbors that are the locations of historic settlements. They provide refuge for people and marine ecosystems from the energy of waves and storms. The beautiful pocket bays of Mount Sinai, Port Jefferson, Stony Brook, Northport, Huntington, Cold Spring Harbor and Oyster Bay are now the cultural centers of the North Shore.

The protective spits that form these bays are fed by erosion of the adjacent coastal bluffs. In order for the pocket bays to be maintained, spits must have a sufficient sediment supply to overcome erosional forces and sea level rise, which is currently increasing at about 1.5 feet a century in Long Island Sound, but undoubtedly will accelerate here and globally. The general process is that the bluffs are undercut at their base or toe by waves and extreme tides. This undercutting will become more severe as sea level rises and we experience greater and longer lasting storm surges in the coming years. The bluffs then slump — about 2 feet per year — creating new beach material, some of which is transported by littoral (near-shore) currents to create and sustain the barrier spits. The small beaches at the toe of the bluffs reduce the wave run-up and thus bluff erosion.

“The North Shore of the Island has been largely neglected in the sea level rise/storm surge discussions and planning even though it is equally vulnerable to these processes.”

— R. Lawrence Swanson

Construction of seawalls for which there is increasing demand along the bluff faces hinders these natural processes. Beaches fronting the bluffs will disappear so that waves will be beating directly on the seawalls. Little material will be available for transport to maintain the barrier spits with rising sea level. Those spits will then be subject to overwashing — perhaps exposing the embayments behind continuously to the open waters of the Sound.

What can be done in the way of resiliency to preserve the character of the North Shore and yet also protect individual properties on the Sound — both those on the cliffs and those on the barrier spits? Is hardening the bluffs and beaches at great expense the answer? Do we let nature take its course? Do residents on the barrier beaches have rights to the sediment of eroding cliffs in much the same way that downstream California claims rights to Colorado River water? If hardening of bluffs is allowed, will there be enough sediment at the toe to maintain a beach to reduce wave run-up?

New York State needs to examine this issue and develop guidance that works for all. Current policies are confusing and perhaps conflicting. This is a regional issue that cannot be solved property by property or even on a town-by-town basis.

With the state of development on the North Shore, some form of intervention or adaptation is probably required; nature cannot be left totally unchecked, given the grim climate projections for this coming century. Extensive hardening of the shoreline is equally unpalatable. There are negative downstream effects from almost all anthropogenic solutions. We need to understand and minimize them. Once started, hardening will eventually result in entombing us, totally eliminating the natural beauty and functionality of the North Shore that we enjoy. Perhaps there are softer forms of resilience that will allow preservation of natural processes yet significantly reduce the anticipated severe erosion from wind, rain, accelerated sea level rise and climate change. We need to find those techniques and implement them consistently.

In the meantime, there are zoning measures that can be practiced that will reduce erosion of these steep coastal faces — establish respectable setbacks, reduce or eliminate clearing, minimize variances resulting in overbuilding and consider downstream impacts of stabilization measures.

Long Island’s low-lying South Shore is at risk to the negative impacts of storm surge, sea level rise and climate change and much attention is being given to it. The North Shore, while seemingly elevated from these impacts, is not. Because its steep coast consists of unconsolidated sediments, it will experience extensive erosion. We need to understand, plan for and implement regional adaptive measures to reduce potential adverse effects to assure resilience of this vulnerable coastal environment.

R. Lawrence Swanson is the interim dean and associate dean of the Stony Brook University School of Marine and Atmospheric Sciences.

Rare species that live in the Shoreham woods could be without a home if the land is cleared for a solar farm. File photo by Kevin Redding

Not seeing the forest for the trees is one thing, but a recent decision by Gov. Andrew Cuomo (D) to not preserve the forest or trees for the sake of solar installation is causing a major stir among Suffolk County elected officials.

On Dec. 18, Cuomo vetoed a bill co-sponsored by state Assemblyman Steve Englebright (D-Setauket) and state Sen. Ken LaValle (R-Port Jefferson) that called for the expansion of Long Island’s publicly protected Central Pine Barrens to include more than 1,000 acres in Shoreham and Mastic Woods — “museum quality” stretches of open space that should never be developed by private owners, according to the sponsors. Their legislation aimed to pull the plug on solar plans for the sites.

“The idea of putting solar on these properties is foolish,” Englebright said. “And I hold my solar credentials next to anyone. I am the legislator that sponsored and spearheaded solar more than 20 years ago — these are not good sites for solar.”

A solar farm is still being proposed near the Shoreham nuclear power plant. Currently, there are plans near the Pine Barrens in Mastic for a solar installation. Photo by Kevin Redding

A large chunk of the Shoreham property — made up of approximately 820 acres of undeveloped vegetable land, coastal forest, rolling hills, cliffs and various species of wildlife on the shoreline of Long Island Sound — was almost demolished last year under a proposal by the site’s owners, National Grid, and private developers to knock down trees, level ridges and scarify the property to build a solar farm in the footprint. This “replace green with green” plan garnered much community opposition and was ultimately scrapped by Long Island Power Authority, leading civic association and environmental group members to join Englebright in proposing to preserve the parcel by turning it into a state park. The assemblyman also pledged that while there is a great need to install solar panels as a renewable energy source, there are ways to do so without tampering with primeval forest.

In Cuomo’s veto of the proposed bipartisan legislation to preserve these properties, which had been worked on over the past year and passed overwhelmingly through the two houses of the Legislature in June, he said that it “unnecessarily pits land preservation against renewable energy.” The governor voiced his support of developing solar energy projects on the sites and said the legislation as written prevented environmental growth.

“I am committed to making New York State a national leader in clean energy,” Cuomo said in his veto message. “New York’s Clean Energy Standard mandates 50 percent of electricity to come from renewable energy sources like wind and solar by 2030, to be aggressively phased in over the next several years. … Siting renewable energy projects can be challenging. But it would set a poor precedent to invoke laws meant for the preservation of environmentally sensitive land in order to block projects that should be addressed by local communities or through established state siting or environmental review processes. To sign the bill as drafted would be a step in the wrong direction by moving away from a clean energy future instead of leaning into it.”

Among some of the veto’s supporters were the League of Conservation Voters and Citizens Campaign for the Environment. Jerry Rosengarten, the Mastic site’s owner and managing member of the Middle Island Solar Farm, a proposed 67,000-panel green energy development on a 100-acre parcel in Mastic which would cut down woods near the headwaters of the Forge River, voiced his support of Cuomo’s decision in a statement.

“The idea of putting solar on these properties is foolish. And I hold my solar credentials next to anyone.”

— Steve Englebright

“Gov. Cuomo’s bold leadership today is hope that we will be able to effectively fight Trump-era climate denial and the ‘not in my backyard’ shortsightedness that would otherwise prevent crucial environmental progress at the most critical time,” said Rosengarten, an environmentalist who has been working for six years to place a solar farm on the site, making numerous applications to Long Island Power Authority to obtain power purchase agreements. “We look forward to working with the Town of Brookhaven on the next steps toward realizing a solar farm that we can take great pride in together.”

Englebright took issue with the not-in-my-backyard claims, which were also made by the League of Conservation Voters.

“I find that most unfortunate because it’s a falsehood,” he said. “I don’t represent Shoreham. I live in Setauket, and these sites are nowhere near my district. But, on merit, the properties deserve preservation. To have my sponsorship characterized as NIMBY is not only inaccurate, it’s insulting.”

Those who are against the veto have been championing preservation on both sites, including Dick Amper, executive director of the Long Island Pine Barrens Society, and Andrea Spilka, president of Southampton Town Civic Coalition.

“The land is so valuable, environmentally, that it should be preserved,” Amper said of the Shoreham site in the spring when the legislation was first being pushed.

He added that solar is an important renewable energy in combating global warming, but that panels should be installed on roofs and parking lots rather than ecosystems.

“The reality is that once taken, these forest lands will never be recovered,” LaValle said in a statement outlining his disappointment over the veto. “These lands are particularly critical for the ecology of the Forge River. Destroying the forest and the trees to install solar power just does not make sense at either the Mastic Woods or Shoreham Old Growth Coastal Forest properties. … Currently, over 30 percent of New York state’s solar power is generated on Long Island, the majority of which is produced in my senate district. We can continue to expand the green energies where they will benefit Long Island without damaging the environment as we proceed. Destroying the environment is never the direction I wish to take.”

State Assemblyman Steve Englebright is putting pressure on manufacturers to keep harmful chemicals out of child products sold in New York. File photo

Brookhaven Supervisor Ed Romaine (R), a career advocate for the environment who worked tooth and nail alongside Englebright and LaValle to preserve these sites, said vetoing the bill “was the wrong thing to do.”

“[It’s] the reason why Brookhaven Town adopted a solar code that allows for both the preservation of our open space and the development of solar energy,” Romaine said. “Brookhaven Town was committed to preserving these lands, and worked right up to the hours before this veto was issued to provide the developer with up to 60 acres of alternative, town-owned sites that did not require the removal of a single tree.”

Some of these alternative solar sites, Englebright later explained, were the paved parking lot of the State Office Building in Hauppauge and the nearby H. Lee Dennison Building, each of the Brookhaven Highway Department yards and the roofs of numerous local schools. Englebright successfully pushed for solar panels to be placed on the roof of Comsewogue’s elementary school.

“Regrettably, the developer did not respond to these offers, and the governor did not take these alternative sites into account when issuing the veto.” Romaine said. “I thank the sponsors, Sen. Ken LaValle, Assemblyman Steve Englebright and their colleagues for their hard work to preserve these ecologically important woodlands, and urge them to re-submit legislation for this in the coming session of the state Legislature.”

Englebright said he plans to reintroduce the legislation in the coming weeks.

“We are going to revisit this, and I hope that the governor keeps an open mind going forward,” he said. “It just requires a little bit of thought to realize that we have a vast amount of the Island where you can place solar panels without cutting down forest. By contrast, there are very few opportunities for preservation on the scale of these two properties. This is a source of some frustration.”

A large nor’easter took form off the coast of Florida and rode up the east coast. Photo from Legislator Kara Hahn's Office

Winter Storm Grayson was touted as a powerful blizzard featuring substantial snowfall and hurricane-force winds, and it has delivered.

The National Weather Service issued a Winter Storm Warning for the area beginning 1 a.m. Jan. 4 through 12 a.m. Friday, Jan. 5. The advisory is associated with a large and powerful nor’easter, which took form off the coast of Florida and rode up the east coast.

While the greatest snowfall amounts are expected to be northeast of Long Island, meteorologists expect that we may see as much as 14 inches of snow combined with high winds exceeding 60 MPH that will cause near blizzard conditions.  This storm poses a risk of coastal flooding in the Western Long Island Sound.

Gov. Andrew Cuomo (D) has issued a State of Emergency for all of downstate New York. Cuomo also issued a travel advisory from 9 a.m. to 4 p.m. Thursday.

“It is a combination of snow and wind and frigid temperatures,” Cuomo said. “That is a bad mix. I have been driving around myself this morning looking at the conditions — they are terrible, and only going to deteriorate further throughout the day. The wind is going to pick up, and there’s no doubt there is delays on mass transit, and the roads are going to be in poor condition. They’re forecasting three to six inches in the city, up to 12 inches on long Island and six to nine in Westchester. The roads in Westchester are bad. Roads on the Island are bad, and it’s only going to get worse. So schools are closed. If you don’t have to be on the roads, you really shouldn’t be, because it is going to be ugly.”

Brookhaven Town Supervisor Ed Romaine (R) has also issued a State of Emergency in the Town of Brookhaven effective Jan. 4 at 8 a.m. Vehicles that are parked in the street must be moved to driveways or be subject to towing at the owner’s expense. Any abandoned vehicles obstructing access for snowplows and emergency vehicles may also be removed by the town. All residents are urged to stay off the roads unless there is an emergency or if it is absolutely essential to travel.

“Driving is expected to be extremely hazardous due to heavy snow and wind conditions,” Romaine said. “Town snow removal crews will be working throughout the day and night to clear the roads until all are safe and passable.”

As a result of the predictions, many school districts closed school ahead of time.

There are closings at the following schools:

Alternatives For Children – East Setauket

Alternatives for Children Daycare – East Setauket

B.E.S.T. Learning Center – Smithtown

Building Blocks Developmental Preschool – Commack

Calling All Kids, Too – Huntington

Catholic Charities Outpatient Clinic – Commack

Children of America – Smithtown

Children of America – Port Jefferson Station

Church of St. Gerard Majella – Port Jefferson Station

Cold Spring Harbor Central School District

Commack School District

Comsewogue Public Library

Comsewogue School District

Coram Child Care

DDI Adult Day Programs – All Locations

DDI Early Childhood Learning Center – Huntington

DDI School Age Program – Huntington

DDI School Age Program – Smithtown

Day Haven Adult Day Services Program – Port Jefferson

East Northport Jewish Center Religious School

Elwood School District

Elwood’s Little Einsteins

Emma S. Clark Library – Setauket

First Presbyterian Church of Port Jefferson

Gold Medal Gymnastics Center Centereach

Gold Medal Gymnastics Center Huntington

Gold Medal Gymnastics Center Rocky Point

Gold Medal Gymnastics Centers Smithtown

Grace Lane Kindergarten – Coram

Happy Time Preschool – Smithtown

Harbor Country Day School – St. James

Harborfields Central School District

Hauppauge Public Library

Hauppauge Public Library

Holy Family Regional School – Commack

Humpty Dumpty Day Nursery – Greenlawn

Huntington Montessori

Huntington Public Library

Huntington School District

Infant Jesus R.C. Church Religious Ed – Port Jefferson

Ivy League School – Smithtown

JKL Montessori School – Commack

Kiddie Academy – East Setauket

Kiddie Academy – Greenlawn

Kiddie Academy of Miller Place

Kiddie Care Early Learning Center – Commack

Kids of Miller Place

Kids of Mount Sinai

Kings Park School District

LI School for the Gifted – Huntington Station

Little Flower Union Free School District – Wading River

Little Rascals Child Care – Miller Place

Long Island Bone & Joint – Port Jefferson

Love of Learning Montessori School – Centerport

Magic Circle Nursery School – East Northport

Marion Kenney Day Care Center – Wading River

Martin C. Barell School- Commack

Messiah Preschool & Day Care – Setauket

Middle Country School District

Miller Place School District

Miss Barbara’s Preschool – Centereach

Miss Dawn’s Child Care Center – Huntington

Miss Mella’s Footsteps to Learning – Coram

NSSA – Adult Services – Commack

Noah’s Ark Day Care Center – Port Jefferson

North Shore Jewish Center – Port Jefferson Station

North Shore Montessori School – Stony Brook

Northport – East Northport Public Library

Northport / East Northport School District

Options for Community Living Inc. – Smithtown

Our Lady of Wisdom Regional – Port Jefferson

Our Savior New American School – Centereach

Planet Kids – Coram

Port Jefferson Free Library

Port Jefferson School District

Primarily 2’s and 3’s – Mount Sinai

Prime Time Preschool – Kings Park

Pumpkin Patch Day Nursery – Commack

Rainbow Chimes – Huntington

Reach for the Stars Pre – School – Ridge

Rocky Point School District

STEP Preschool – Smithtown

Saf-T-Swim – Commack

Saf-T-Swim – Coram

Sappo School – Commack

Shoreham-Wading River Central School District

Smithtown Central School District

Smithtown Christian Early Learning Center

Smithtown Christian School

Smithtown Special Library District

South Huntington School District

St. Anselm’s Episcopal Nursery School – Shoreham

St. Anthony of Padua Religious Ed – East Northport

St. Anthony’s High School – South Huntington

St. Frances Cabrini Religious Ed – Coram

St. James Lutheran Preschool – St. James

St. James Religious Ed – Setauket

St. Joseph’s Religious Ed – Kings Park

St. Louis de Monfort Religious Education – Sound Beach

St. Louis de Montfort Preschool – Sound Beach

St. Margaret of Scotland Church – Selden

St. Mark’s Religious Formation Program – Shoreham

St. Patrick School – Smithtown

St. Philip Neri Religious Ed – Northport

Step by Step Montessori – Miller Place

Stony Brook Child Care Services

Stony Brook Gynecology & Obstetrics – Rocky Point

Stony Brook Gynecology & Obstetrics – Setauket

Stony Brook Kidney Center – East Setauket

Stony Brook University – Psychological Ctr / Psych B Bldg. – Stony Brook

Stony Brook University

Stony Brook Urology – East Setauket & Commack

Sts. Philip and James Religious Education – St. James

Sts. Philip and James School – St. James

Suffolk County Community College – Selden

Suffolk Y Jewish Community Center – Commack

Sunshine Alternative Education & Prevention Center – Port Jefferson

Temple Beth El Religious School – Huntington

Temple Isaiah Religious School – Stony Brook

Tender Hearts Preschool – Mount Sinai

The Childrens Community HEAD START Program – Port Jefferson

The Day Care Center at Ivy League – Smithtown

The Knox School – St. James

The Laurel Hill School – East Setuket

The Learning Center – Huntington

The Learning Experience – Centereach

The Learning Experience – Mount Sinai

The Learning Experience – Northport

The Learning Experience -Rocky Point

The Learning Experience – Stony Brook

The Village Preschool – Northport

Three Village Church – East Setauket

Three Village Schools – Stony Brook

Trinity Evangelical Lutheran Church – Rocky Point

Trinity Regional School – East Northport

Tutor Time of Nesconset – Smithtown

UCP – Suffolk – Hauppauge

UCP Suffolk – The Children’s Center – Commack

United Methodist Nursery School – Huntington

Wesleyan School – Smithtown

West Hills Montessori – Huntington

Wisdom Tree Preschool – Miller Place

Work of Heart Preschool – South Huntington

Please monitor local media coverage or the National Weather Service for up-to-date weather forecasts and notifications. For your safety and the safety of emergency responders, please adhere to all travel restrictions and advisories that may be issued.

For you convenience, listed are some important emergency and not-emergency contact numbers to help you get through the storm should you need assistance:

PSEGLI Outages – 800-490-0075

Police Emergency – 911*

Police Non-emergency – (631) 852-2677, (631-852-COPS)

Town of Brookhaven Highway Department – (631) 451-9200**

Suffolk County Department of Public Works – (631) 852-4070***

*Please do not call 911 or other emergency telephone lines unless you are in need of assistance with an immediate physical or medical emergency.

**Responsible for all roads in the district (outside of incorporated villages) except County Road 97 and New York State Routes 112, 25A and 347.

***For emergency issues on county roads such as Nicolls Road (CR 97) only.

Additional information, notifications and details may be posted by Suffolk County’s Department of Fire, Rescue and Emergency Services as the storm develops and impacts the area.  Click here to visit the department’s information page.