The owner of the Youngs Avenue site where Patriot Recycling stockpiled organic materials pleaded guilty Tuesday to Riverhead Town code violations and agreed to pay a $5,630 fine.
Youngs Avenue LLC, owned by Joseph DeFigueroa, who also owns Patriot Recycling of Oceanside, entered guilty pleas in Riverhead Justice Court to violations involving excavation, property maintenance and zoning restrictions on allowed uses. The pleas covered town code provisions governing excavation without a permit, excavation on exempt premises, vegetation exceeding the 10-inch height limit, allowing the accumulation of yard waste, rubbish, litter or garbage, and zoning code provisions regarding permitted uses.
The town issued 11 appearance tickets July 30 after a code enforcement officer and other town officials accompanied representatives of the Suffolk County Department of Health Services and the New York State Department of Environmental Conservation on an inspection of the property. The tickets were returnable Sept. 9, and the case was adjourned twice before Tuesday’s disposition. The company has until Dec. 26 to pay the fine.
Youngs Avenue LLC purchased the 45-acre former tree farm in 2023. The development rights on the property were acquired by the Town of Riverhead in 1998.
After the purchase, Patriot Recycling began hauling and stockpiling grass clippings and other yard waste on the property for composting. Residents soon complained about odors from the stockpiled material, as well as dust and dirt left on area roads by trucks delivering it.
Related coverage: From trees to trash? Odors, complaints follow composting move to Calverton
After the tickets were issued, DeFigueroa signed a stipulation with the Town of Riverhead agreeing to remove all material deposited on the land. Patriot initially began hauling the material to a site in Cutchogue, but later resumed hauling it back to its Oceanside facility after Southold Town Supervisor Al Krupski requested testing of the material’s composition. The health department took samples of the material for testing Sept. 30.
On Oct. 7, Riverhead Town Attorney Erik Howard told RiverheadLOCAL there were about 6,600 cubic yards stockpiled at the site and that Patriot had removed about 4,400 cubic yards — roughly two-thirds — and was continuing the removal. The town hired a consultant, at the property owner’s expense, to monitor the removal. The total amount stockpiled was more than twice the estimated 3,000 cubic yards the DEC had reported.
Related coverage: Oceanside company is removing yard wastes dumped on Calverton farmland
It was unclear as of Thursday whether the health department had provided any sampling results to either the Town of Southold or the Town of Riverhead. Howard did not respond to an email Wednesday morning requesting an update. A staff member for Krupski said Thursday that he did not believe the test results were in yet, but would confirm that with the Southold town attorney. Howard said Oct. 7 the health department had indicated the test results would take six to eight weeks.
The Youngs Avenue site is located in Hydrogeologic Zone III, a Special Groundwater Protection Area that helps recharge the deepest drinking water aquifer. The property is in the Agricultural Protection Zone. Since the town acquired the development rights, the property is preserved for agricultural use.
Town code allows a limited amount of mulch to be stockpiled on land in active agricultural use without a permit, up to 3,000 cubic yards for use on the farm. With a Town Board permit, the limit increases to 10,000 cubic yards. If the property is not in active agricultural use, the code does not allow mulch stockpiling.
The survival of local journalism depends on your support.
We are a small family-owned operation. You rely on us to stay informed, and we depend on you to make our work possible. Just a few dollars can help us continue to bring this important service to our community.
Support RiverheadLOCAL today.
