Calverton tree farm owner agrees to clear compost piles following odor complaints
A compost pile at the farm on Youngs Avenue in Calverton on July 30. Credit: Michael A. Rupolo Sr.
Contractors have begun clearing compost piles from a Calverton tree farm as part of an agreement in which the property's owner consented to removing the material, town officials said.
The 45-acre farm on Youngs Avenue had drawn the ire of neighbors because of foul odors, as well as the presence of pests and increased trucking. The former tree nursery is owned by Joseph DeFigueroa, who also owns the Oceanside-based Patriot Recycling. The removal began on Monday, Riverhead Town Attorney Erik Howard confirmed via email.
Howard said town code required the piles' removal.
Town officials had given the property nearly a dozen violations after the complaints were lodged. Recently, Riverhead ordered DeFigueroa to remove the piles by Sept. 29. Under town code, farms can import up to 3,000 cubic yards of organic material per year. But town officials said the property was not actively operating as a tree farm, a requirement for hauling in the organic material.
"The property is located in our Agricultural Protection Zoning Use District and the purchase of development rights strictly limits use of the property to agricultural activities and uses," Howard said.
The material on DeFigueroa's property needed "additional processing" before it could be used for agricultural purposes, Howard told Newsday. The town code does not allow for composted materials to be processed if it's "not immediately useable," Howard has said previously.
DeFigueroa must remove the piles within 14 days, according to the agreement struck between DeFigueroa and the town.
After the soil is removed, the property owner must within two business days certify that "no unfinished or partially finished material remains" on the property, according to the agreement. "The notice shall include a summary of volumes removed and that all such material was transported to a duly permitted facility."
Jeffrey Seeman, Riverhead's environmental engineer consultant "will monitor the removal of the material and will be in contact with the on-site manager during the removal process," according to the release. DeFigueroa must pay the town $1,650 for Seeman's services, according to the agreement.
Steven Losquadro, DeFigueroa's attorney, said in a statement "all material brought to the farm was certified organic by the New York State Department of Environmental Conservation."
DeFigueroa "now knows that Town organic material standards are stricter, and is pleased to comply with them," Losquadro said.
Bob Hering, a neighbor who has been outspoken about the compost, said Monday he was grateful the work had begun.
"I could not even enjoy my property, that's how horrendous the smell was when this all started," Hering said in a phone interview. "I really want to know where the stuff is going, and I want to know what's going on with the property once all of the material is removed."
Joshua Needelman covers the Town of North Hempstead for Newsday. A Long Island native and University of Maryland graduate, his work has appeared in publications including The New York Times and The Washington Post.
