HomeMy WebLinkAboutResolution 7/14/2020
RESOLUTION 2020-428
ADOPTED DOC ID: 16283
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-428 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 14, 2020:
WHEREAS, the Town Board on September 10, 2019, adopted a resolution authorizing the
acquisition of property situated at 12500 Main Road, Northeast Corner of Main Road (SR 25)
and New Suffolk Avenue Mattituck, Town of Southold (SCTM No. 1000 Section 114 block 11,
lot 17) for the purpose of a public park; and
WHEREAS, Mattituck 12500 LLC, the owner of the property, has rejected the Town's offer of
the appraised value of $775.000.00 to purchase said property; and
WHEREAS, Section 201 of the Eminent Domain Procedure Law now requires this Town Board
to hold a hearing with respect to said acquisition at which it will afford a reasonable opportunity
for all interested persons to make objections and recommendations with regard thereto, and
WHEREAS, property owners who may subsequently wish to challenge condemnation of their
property via judicial review may do so only on the basis of issues, facts, and objections raised at
such hearing.
WHEREAS, Section 204 of the Eminent Domain Procedure Law requires that within ninety (90)
days after the conclusion of said public hearing the Town Board shall adopt and publish its
findings and determinations with regard to the effects and purposes of the proposed acquisition,
and
WHEREAS, it is desired to give notice of said hearing pursuant to Section 202 of the Eminent
Domain Procedure Law;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold, in
Suffolk County, New York, as follows:
The Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law
at Southold Town Hall, 53095 Main Road, Southold, New York, on the 11th day of August,
2020 at 3:00 p.m. with respect to the proposed acquisition, at which time a reasonable
opportunity will be afforded to all interested persons to make objections or recommendations
with regard thereto.
That the Town Clerk shall cause to have a copy of the public notice to be served either by
personal service or certified mail, return receipt requested, upon the record billing owner or his
or her attorney of record.
That the Town Clerk shall cause to have a copy of the public notice to be published in five
successive issues of NEWSDAY, a newspaper of general circulation in the Town of Southold
Resolution 2020-428 Board Meeting of July 14, 2020
and in at least two successive issues of the SUFFOLK TIMES an official newspaper designated
as such in the Town of Southold, Suffolk County.
That the Town Clerk shall cause to have a record made of said public hearing, including any
written statements submitted, and the Clerk shall make a copy of said record available to the
public during normal business hours at the office of the Town Clerk for examination without
cost, and shall reproduce the same upon written request and payment of the cost thereof.
That within ninety (90) days after the public hearing, the Town Board shall make and adopt its
determination and findings concerning the proposed acquisition, and shall cause a synopsis of
said determination and findings to be published in in five successive issues of NEWSDAY, a
newspaper of general circulation in the Town of Southold and in at least two successive issues of
the SUFFOLK TIMES an official newspaper designated as such in the Town of Southold,
Suffolk County.
That the Town Clerk shall cause to a synopsis of said determination and findings to be served,
either by personal service or certified mail, return receipt requested, upon the record billing
owner or his or her attorney of record.
That said determination and findings shall specify the following:
1. The public use, benefit or purpose to be served by the proposed acquisition
and project;
2. The approximate location for the proposed acquisition and project, and the
reasons for the selection of that location;
3. The general effect of the proposed project on the environment and residents of
the locality;
4. Such other factors as it considers relevant;
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED \[4 TO 1\]
MOVER: Sarah E. Nappa, Councilwoman
SECONDER: Jill Doherty, Councilwoman
AYES: Jill Doherty, Robert Ghosio, Louisa P. Evans, Scott A. Russell
NAYS: Sarah E. Nappa
ABSENT: James Dinizio Jr
Updated: 8/7/2020 2:49 PM by Lynda Rudder Page 2