Preview
FILED: ALBANY COUNTY CLERK 10/13/2022 04:34 PM INDEX NO. 907862-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/13/2022
EXHIBIT A
FILED: ALBANY COUNTY CLERK 10/13/2022 04:34 PM INDEX NO. 907862-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/13/2022
wvoRK
:rEOF
Agri.culture
ORTUNITY. and Markets
KATHY HOCHUL RICHARD A. BALL
Governor Commissioner
September 14, 2022
Hon. Edward Romaine, Supervisor
Town of Brookhaven
1 Independence Hill
Farmingville, NY 11738
Re: AML §3O5-a(1) Review of the Town of Brookhaven's Zoning Ordinance and its
application to Delea Sod Farm, Inc., Suffolk County Agricultural District No. 3
Dear Supervisor Romaine:
The Department has completed its review of the Town of Brookhaven's Zoning Code as
administered with respect to Delea Sod Farm, Inc., ("Delea") for compliance with
Agriculture and Markets Law (AML) §3O5-a(1).
For the reasons set forth below, as well as those set forth in the Department's November
19, 2021 letter, the Department finds that the Town of Brookhaven's Zoning Code and its
administration unreasonably restricts Delea's farm operation, in violation of AML §3O5-
a(1 ). Further, that the Town has not demonstrated that the public health or safety is
threatened by the farm operation's proposed retail sale and bulk sale of mulch, topsoil,
fertilizer and other products that are utilized in the installation of on-farm produced nursery
stock (sod).
BACKGROUND
The Department concluded in its November 19, 2021 letter to the Town that restricting
Delea's retail sale and bulk sale of mulch, topsoil, fertilizer and other products that are
utilized in the installation of on-farm produced nursery stock, would unreasonably restrict
the farm operation, in possible violation of AML §3O5-a. The Department requested that
the Town provide any documentation or evidence that the public health or safety is
threatened by Delea's sale of mulch, topsoil, fertilizer, and other products utilized in the
installation of its sod. The Town's submissions dated January 28, 2022 and March 17,
2022, offer no public health or safety documentation or evidence.
Department's AML §305-a authority
AML Article 25-AA (Agricultural Districts Law) forms the cornerstone of the State's
agricultural protection program and implements the New York State constitutional
FILED: ALBANY COUNTY CLERK 10/13/2022 04:34 PM INDEX NO. 907862-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/13/2022
Hon. Edward Romaine, Supervisor
Town of Brookhaven
2J Pa 9e
directive to preserve and protect the State's agricultural lands as important State
resources [N.Y. Constitution Art. XIV, §4]. AML §305-a prohibits local governments from
enacting and administering laws that would unreasonably restrict farm operations within
a county-adopted, State-certified agricultural district, unless the locality can show a threat
to the public health or safety. AML §305-a applies to all local governments and addresses
a matter of State concern - the preservation of farmland; and local laws must be consistent
with its provisions. Additionally, Town Law §283-a mirrors the language of AML §305-a,
demonstrating further support for the Legislature's intent. A local law may be superseded
by AML §305-a when the Department determines that the law unreasonably restricts or
regulates farm operations within
I .
agricultural districts in contravention of the purposes of
AML Article 25-AA, Agricultural Districts, unless the local government can demonstrate
that the public health or safety is threatened [Town of Lysander v. Hafne,r, 96 N.Y. 2d 558,
733 N.Y.S.2d 358 (2001 )]. AML §305-a(1) vests the Department with the authority to take
action against laws which unreasonably restrict or regulate farm operations, and it is the
local government that has the burden of demonstrating a threat to the public health or
safety to overcome a Department finding that a local law unreasonably restricts a farm
operation. See In the Matter of Village of Lacona v. New York State Department of
Agriculture and Markets, 51 A.D. 3d1319, 858 N.Y.S. 2d 833 (3 rdDept. 2008). If the local
government cannot demonstrate that the public health or safety is threatened, then the
Department may determine that the restriction violates AML §305-a(1) and take
enforcement measures.
The Town, in its Memorandum of Law dated January 28, 2022, contends that the
Department does not have the authority to preempt Brookhaven Town Code §§85-378
and 85-925. It argues that AML §305-a(1) is a "general law," and that it must yield to a
"specific law," in this case the Long Island Pine Barrens Protection Act of 1993,
incorporated in the Environmental Conservation Law (ECL); or in the altemative be
applied in harmony with the Long Island Pine Barrens Protection Act (LI Pine Barrens
Act).
It is a basic tenet of New York's home rule provisions that a local law which conflicts
with a state statute must yield to the state statute. Further, the express language of AML
§305-a, a general law of state-wide applicability, authorizes the Department to
supersede unreasonably restrictive local. The Town argues.that its implementation of
the Central Pine Barrens Comprehensive Land Use Plan through its zoning law
somehow divests the Department of its statutory power to review and supersede those
zoning laws that it finds unreasonably restrictions on farm operations in agricultural
districts. It does not. ECL 57-0107 (13) provides that the use of land for agriculture or
horticulture does not constitute development for the purposes of the Pine Barrens Act.
The ECL 57-0107(14) definition of agriculture or horticulture is exceedingly broad,
covering "any production of plants or animals useful to man .... " AML §305-a's
protection of agriculture is broad, covering the cultivation, sale, distribution and
marketing of agricultural products. The Pine Barrens Act does not provide that farm
operations located in the agricultural district within the Pine Barrens are stripped of
protections afforded under AML §305-a; and there is no inconsistency between the Pine
Division ofland and Water ResourcesI 108 Airline Dr. Albany, N.Y., 12235 I 518/457-3738 Iwww.agriculture.ny.gov
FILED: ALBANY COUNTY CLERK 10/13/2022 04:34 PM INDEX NO. 907862-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/13/2022
Hon. Edward Romaine, Supervisor
Town of Brookhaven
.~•·' f>ca9 ~-
Barrens Act definition of agriculture and horticulture and the AML §305-a protections
provided to farm operations located within the county adopted, State certified
agricultural district located within the Long Island Pine Barrens. In fact, ECL §57-0133
expressly states that except as expressly provided in the Pine Barrens Act, the statute
does not affect the zoning powers or authority to regulate land use. Accordingly, the
Town fails to identify any statutory basis for its contention that the Pine Barrens Act
insulates it zoning law from the Department's §305-a review. In addition, the Town has
neither demonstrated any threat to public health or safety nor any harm to the Pine
Barrens in connection with the farm operation's use or sale of mulch in connection with
its business.
Town of Brookhaven Code
The Town asserts that Delea is in violation of Brookhaven Town Code §§85-378 and 85-
925. Town Code §85-378, Residential District, outlines permitted uses in this portion of
the Town 6f Brookhaven, including single-family detached dwellings, accessory buildings,
and municipal parks. Prohibited uses are those "uses that are not expressly permitted
herein." Code §85-925 is the Town of Brookhaven's Farmland Bill of Rights which spells
out a list of "agricultural production activities," including horticultural specialties such as
sod, which are "protected farm practices." Code §85-925(C)(12) addresses disposal and
composting of organic wastes on the farm. This section states that: "storage and use of
organic material for the subject farm a maximum 3,000 cubic yards of organic materials
may be utilized off site. Nothing herein should be construed to allow a commercial
mulching operation or the stockpiling and screening of compost for sale to others."
The farm is located within the Town's Residential District and within Suffolk County
Agricultural District #3. As a result, the Department evaluates the Town's local restrictions
and their administration as applied to the farm operation for reasonableness, regardless
of the underlying zoning district. Initially, the Town argued that Delea was manufacturing
mulch at the Brookhaven location. Then the Town asserted that Delea dyes the mulch
on-farm and does not have to be producing or manufacturing to be a "commercial
mulching operation." (See Memorandum of Law dated March 17, 2022) Department staff
conducted a field inspection and observed the on-farm mulch piles but did not observe
grinders or any of the equipment necessary to produce mulch. The farm operators state
that they import the mulch on-farm, and do not dye or produce it. Department staff have
reviewed invoices demonstrating that Delea purchases the off-farm produced mulch and
it is delivered on-farm. The Department has concluded that this is not a "commercial
mulching operation." Delea is a commercial sod farm that is selling at retail, and in bulk,
materials that are utilized for the installation of on-farm produced nursery stock and items
that are incidental to the sale of nursery stock.
The Town's application of Brookhaven Town Code §§85-378 and 85-925 to Delea,
whereby the Town has concluded that certain activities are not permitted because Delea
is located within a residential zoning district, and that Delea is a "commercial mulching
operation," unreasonably restricts the Delea farm operation.
I 108 Airline Dr. Albany, N.Y., 12235 I 518/457-3738 lwww.agriculture.ny.gov
Division of Land and Water Resources
FILED: ALBANY COUNTY CLERK 10/13/2022 04:34 PM INDEX NO. 907862-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/13/2022
Hon. Edward Romaine, Supervisor
Town of Brookhaven
-iJ Pa9~····
Asserted Health or Safety Claims
By letter dated November 19, 2021, the Department requested that the Town provide any
evidence or documentation of asserted public health or safety threats. The Town's
Memoranda of Law dated January 28, 2022 and March 17, 2022, however, provide no
facts or circumstances that identify any specific threats to public health or safety by the
farm operation and ignore the information and analysis set forth in the Department's
November 19, 2021 letter.
Miscellaneous Claims
The Town also asserts, without analysis, that the Department's decision is contrary to its
own Guidelines, relying on a portion of the Department's Guidelines for Review of Local
Laws Affecting Nursery Operation ("the storage, use and sale of soil, mulch and potting
soil, in an amount consistent with the size and scope of the nursery, is part of the farm
operation.") In fact, after its investigation, including a site visit and review of
documentation, the Department has determined that Delea's storage, use and sale of
soil, mulch and potting soil appears to be in an amount consistent with the size and scope
of its farm operation. The Department's protections relate to the sale of on-farm materials
(sod). As such, the sale of mulch concurrently with the sale of sod which is utilized in the
installation of sod, or which is incidental and contributes to the marketing of nursery stock,
is part of the farm operation.
In the alternative, the Town argues that the Department should condition any of its
approvals or actions to prohibiting the on-site production of any "colored mulch, topsoil,
stone, fertilizer and grass seed" and limiting "the sale of compost, topsoil, mulch, wood
products, stone, bagged fertilizer and grass seed" to only minor limits less than 5% of
Delea's sales when compared to the sale of sod. The Department does not regulate or
proscribe limits or conditions on farm operations. The Town, however, may .regulate a
farm operations' activities that are not AML §305-a protected on-farm activities and
activities which are not consistent with the size and scope of that farm operation.
CONCLUSION
Based upon its review in this matter, including the reasons set forth in its November 19,
2021 letter and herein, and the fact that the Town has not demonstrated that there is a
threat to public health or safety from Delea's sale of mulch; the Department concludes
that the Town of Brookhaven's Zoning Code, and its administration by the Town,
unreasonably restricts the farm operation in violation of AML §305-a(1 ), by restricting
Delea's proposed sale of mulch, topsoil and other products, that are utilized in the
installation of sod or which are incidental and contribute to the marketing of nursery stock.
The Department requests that the Town confirm within 30 days that such requirements
I 1OB Airline Dr. Albany, N.Y., 12235 I 518/457-3738 Iwww.agriculture.ny.gov
Division of Land and Water Resources
FILED: ALBANY COUNTY CLERK 10/13/2022 04:34 PM INDEX NO. 907862-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/13/2022
Hon. Edward Romaine, Supervisor
Town of Brookhaven
~IP_~9~.
will not be imposed on the farm operation. If steps to comply are not taken, the
Department may take appropriate action to enforce the provisions of AML §305-a (1).
If you have any questions, Kate Tylutki, Environmental Analyst, may be contacted at (518)
457-2851 concerning the agricultural issues identified. If Mr. Calica has any questions,
he should contact Department Senior Attorney Danielle Cordier, Esq., at (518) 457-2449.
Sincerely,
~~
Michael J. Latham
Director
cc: Richard Delea, Delea Sod Farms, Inc.
Frank Beyrodt, Delea Sod Farms, Inc.
John C. Armentano, Esq., Attorney for Delea Sod Farm, Inc.
Annette Eaderesto, Esq., Counsel, Town of Brookhaven
Robert M. Calica, Esq., Special Counsel, Town of Brookhaven
Ken Schmitt, Chair, Suffolk County AFPB
Kate Tylutki, Dept. of A&M
Danielle Cordier, Esq., Dept. of A&M
I 1OB Airline Dr. Albany, N.Y., 12235 I 518/457-3738 j www.agriculture.ny.gov
Division of Land and Water Resources
Preview
FILED: ALBANY COUNTY CLERK 10/13/2022 04:34 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/13/2022 EXHIBIT A FILED: ALBANY COUNTY CLERK 10/13/2022 04:34 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/13/2022 wvoRK :rEOF Agri.culture ORTUNITY. and Markets KATHY HOCHUL RICHARD A. BALL Governor Commissioner September 14, 2022 Hon. Edward Romaine, Supervisor Town of Brookhaven 1 Independence Hill Farmingville, NY 11738 Re: AML §3O5-a(1) Review of the Town of Brookhaven's Zoning Ordinance and its application to Delea Sod Farm, Inc., Suffolk County Agricultural District No. 3 Dear Supervisor Romaine: The Department has completed its review of the Town of Brookhaven's Zoning Code as administered with respect to Delea Sod Farm, Inc., ("Delea") for compliance with Agriculture and Markets Law (AML) §3O5-a(1). For the reasons set forth below, as well as those set forth in the Department's November 19, 2021 letter, the Department finds that the Town of Brookhaven's Zoning Code and its administration unreasonably restricts Delea's farm operation, in violation of AML §3O5- a(1 ). Further, that the Town has not demonstrated that the public health or safety is threatened by the farm operation's proposed retail sale and bulk sale of mulch, topsoil, fertilizer and other products that are utilized in the installation of on-farm produced nursery stock (sod). BACKGROUND The Department concluded in its November 19, 2021 letter to the Town that restricting Delea's retail sale and bulk sale of mulch, topsoil, fertilizer and other products that are utilized in the installation of on-farm produced nursery stock, would unreasonably restrict the farm operation, in possible violation of AML §3O5-a. The Department requested that the Town provide any documentation or evidence that the public health or safety is threatened by Delea's sale of mulch, topsoil, fertilizer, and other products utilized in the installation of its sod. The Town's submissions dated January 28, 2022 and March 17, 2022, offer no public health or safety documentation or evidence. Department's AML §305-a authority AML Article 25-AA (Agricultural Districts Law) forms the cornerstone of the State's agricultural protection program and implements the New York State constitutional FILED: ALBANY COUNTY CLERK 10/13/2022 04:34 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/13/2022 Hon. Edward Romaine, Supervisor Town of Brookhaven 2J Pa 9e directive to preserve and protect the State's agricultural lands as important State resources [N.Y. Constitution Art. XIV, §4]. AML §305-a prohibits local governments from enacting and administering laws that would unreasonably restrict farm operations within a county-adopted, State-certified agricultural district, unless the locality can show a threat to the public health or safety. AML §305-a applies to all local governments and addresses a matter of State concern - the preservation of farmland; and local laws must be consistent with its provisions. Additionally, Town Law §283-a mirrors the language of AML §305-a, demonstrating further support for the Legislature's intent. A local law may be superseded by AML §305-a when the Department determines that the law unreasonably restricts or regulates farm operations within I . agricultural districts in contravention of the purposes of AML Article 25-AA, Agricultural Districts, unless the local government can demonstrate that the public health or safety is threatened [Town of Lysander v. Hafne,r, 96 N.Y. 2d 558, 733 N.Y.S.2d 358 (2001 )]. AML §305-a(1) vests the Department with the authority to take action against laws which unreasonably restrict or regulate farm operations, and it is the local government that has the burden of demonstrating a threat to the public health or safety to overcome a Department finding that a local law unreasonably restricts a farm operation. See In the Matter of Village of Lacona v. New York State Department of Agriculture and Markets, 51 A.D. 3d1319, 858 N.Y.S. 2d 833 (3 rdDept. 2008). If the local government cannot demonstrate that the public health or safety is threatened, then the Department may determine that the restriction violates AML §305-a(1) and take enforcement measures. The Town, in its Memorandum of Law dated January 28, 2022, contends that the Department does not have the authority to preempt Brookhaven Town Code §§85-378 and 85-925. It argues that AML §305-a(1) is a "general law," and that it must yield to a "specific law," in this case the Long Island Pine Barrens Protection Act of 1993, incorporated in the Environmental Conservation Law (ECL); or in the altemative be applied in harmony with the Long Island Pine Barrens Protection Act (LI Pine Barrens Act). It is a basic tenet of New York's home rule provisions that a local law which conflicts with a state statute must yield to the state statute. Further, the express language of AML §305-a, a general law of state-wide applicability, authorizes the Department to supersede unreasonably restrictive local. The Town argues.that its implementation of the Central Pine Barrens Comprehensive Land Use Plan through its zoning law somehow divests the Department of its statutory power to review and supersede those zoning laws that it finds unreasonably restrictions on farm operations in agricultural districts. It does not. ECL 57-0107 (13) provides that the use of land for agriculture or horticulture does not constitute development for the purposes of the Pine Barrens Act. The ECL 57-0107(14) definition of agriculture or horticulture is exceedingly broad, covering "any production of plants or animals useful to man .... " AML §305-a's protection of agriculture is broad, covering the cultivation, sale, distribution and marketing of agricultural products. The Pine Barrens Act does not provide that farm operations located in the agricultural district within the Pine Barrens are stripped of protections afforded under AML §305-a; and there is no inconsistency between the Pine Division ofland and Water ResourcesI 108 Airline Dr. Albany, N.Y., 12235 I 518/457-3738 Iwww.agriculture.ny.gov FILED: ALBANY COUNTY CLERK 10/13/2022 04:34 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/13/2022 Hon. Edward Romaine, Supervisor Town of Brookhaven .~•·' f>ca9 ~- Barrens Act definition of agriculture and horticulture and the AML §305-a protections provided to farm operations located within the county adopted, State certified agricultural district located within the Long Island Pine Barrens. In fact, ECL §57-0133 expressly states that except as expressly provided in the Pine Barrens Act, the statute does not affect the zoning powers or authority to regulate land use. Accordingly, the Town fails to identify any statutory basis for its contention that the Pine Barrens Act insulates it zoning law from the Department's §305-a review. In addition, the Town has neither demonstrated any threat to public health or safety nor any harm to the Pine Barrens in connection with the farm operation's use or sale of mulch in connection with its business. Town of Brookhaven Code The Town asserts that Delea is in violation of Brookhaven Town Code §§85-378 and 85- 925. Town Code §85-378, Residential District, outlines permitted uses in this portion of the Town 6f Brookhaven, including single-family detached dwellings, accessory buildings, and municipal parks. Prohibited uses are those "uses that are not expressly permitted herein." Code §85-925 is the Town of Brookhaven's Farmland Bill of Rights which spells out a list of "agricultural production activities," including horticultural specialties such as sod, which are "protected farm practices." Code §85-925(C)(12) addresses disposal and composting of organic wastes on the farm. This section states that: "storage and use of organic material for the subject farm a maximum 3,000 cubic yards of organic materials may be utilized off site. Nothing herein should be construed to allow a commercial mulching operation or the stockpiling and screening of compost for sale to others." The farm is located within the Town's Residential District and within Suffolk County Agricultural District #3. As a result, the Department evaluates the Town's local restrictions and their administration as applied to the farm operation for reasonableness, regardless of the underlying zoning district. Initially, the Town argued that Delea was manufacturing mulch at the Brookhaven location. Then the Town asserted that Delea dyes the mulch on-farm and does not have to be producing or manufacturing to be a "commercial mulching operation." (See Memorandum of Law dated March 17, 2022) Department staff conducted a field inspection and observed the on-farm mulch piles but did not observe grinders or any of the equipment necessary to produce mulch. The farm operators state that they import the mulch on-farm, and do not dye or produce it. Department staff have reviewed invoices demonstrating that Delea purchases the off-farm produced mulch and it is delivered on-farm. The Department has concluded that this is not a "commercial mulching operation." Delea is a commercial sod farm that is selling at retail, and in bulk, materials that are utilized for the installation of on-farm produced nursery stock and items that are incidental to the sale of nursery stock. The Town's application of Brookhaven Town Code §§85-378 and 85-925 to Delea, whereby the Town has concluded that certain activities are not permitted because Delea is located within a residential zoning district, and that Delea is a "commercial mulching operation," unreasonably restricts the Delea farm operation. I 108 Airline Dr. Albany, N.Y., 12235 I 518/457-3738 lwww.agriculture.ny.gov Division of Land and Water Resources FILED: ALBANY COUNTY CLERK 10/13/2022 04:34 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/13/2022 Hon. Edward Romaine, Supervisor Town of Brookhaven -iJ Pa9~···· Asserted Health or Safety Claims By letter dated November 19, 2021, the Department requested that the Town provide any evidence or documentation of asserted public health or safety threats. The Town's Memoranda of Law dated January 28, 2022 and March 17, 2022, however, provide no facts or circumstances that identify any specific threats to public health or safety by the farm operation and ignore the information and analysis set forth in the Department's November 19, 2021 letter. Miscellaneous Claims The Town also asserts, without analysis, that the Department's decision is contrary to its own Guidelines, relying on a portion of the Department's Guidelines for Review of Local Laws Affecting Nursery Operation ("the storage, use and sale of soil, mulch and potting soil, in an amount consistent with the size and scope of the nursery, is part of the farm operation.") In fact, after its investigation, including a site visit and review of documentation, the Department has determined that Delea's storage, use and sale of soil, mulch and potting soil appears to be in an amount consistent with the size and scope of its farm operation. The Department's protections relate to the sale of on-farm materials (sod). As such, the sale of mulch concurrently with the sale of sod which is utilized in the installation of sod, or which is incidental and contributes to the marketing of nursery stock, is part of the farm operation. In the alternative, the Town argues that the Department should condition any of its approvals or actions to prohibiting the on-site production of any "colored mulch, topsoil, stone, fertilizer and grass seed" and limiting "the sale of compost, topsoil, mulch, wood products, stone, bagged fertilizer and grass seed" to only minor limits less than 5% of Delea's sales when compared to the sale of sod. The Department does not regulate or proscribe limits or conditions on farm operations. The Town, however, may .regulate a farm operations' activities that are not AML §305-a protected on-farm activities and activities which are not consistent with the size and scope of that farm operation. CONCLUSION Based upon its review in this matter, including the reasons set forth in its November 19, 2021 letter and herein, and the fact that the Town has not demonstrated that there is a threat to public health or safety from Delea's sale of mulch; the Department concludes that the Town of Brookhaven's Zoning Code, and its administration by the Town, unreasonably restricts the farm operation in violation of AML §305-a(1 ), by restricting Delea's proposed sale of mulch, topsoil and other products, that are utilized in the installation of sod or which are incidental and contribute to the marketing of nursery stock. The Department requests that the Town confirm within 30 days that such requirements I 1OB Airline Dr. Albany, N.Y., 12235 I 518/457-3738 Iwww.agriculture.ny.gov Division of Land and Water Resources FILED: ALBANY COUNTY CLERK 10/13/2022 04:34 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/13/2022 Hon. Edward Romaine, Supervisor Town of Brookhaven ~IP_~9~. will not be imposed on the farm operation. If steps to comply are not taken, the Department may take appropriate action to enforce the provisions of AML §305-a (1). If you have any questions, Kate Tylutki, Environmental Analyst, may be contacted at (518) 457-2851 concerning the agricultural issues identified. If Mr. Calica has any questions, he should contact Department Senior Attorney Danielle Cordier, Esq., at (518) 457-2449. Sincerely, ~~ Michael J. Latham Director cc: Richard Delea, Delea Sod Farms, Inc. Frank Beyrodt, Delea Sod Farms, Inc. John C. Armentano, Esq., Attorney for Delea Sod Farm, Inc. Annette Eaderesto, Esq., Counsel, Town of Brookhaven Robert M. Calica, Esq., Special Counsel, Town of Brookhaven Ken Schmitt, Chair, Suffolk County AFPB Kate Tylutki, Dept. of A&M Danielle Cordier, Esq., Dept. of A&M I 1OB Airline Dr. Albany, N.Y., 12235 I 518/457-3738 j www.agriculture.ny.gov Division of Land and Water Resources