HomeMy WebLinkAboutLP-03/16/2021
LAND PRESERVATION COMMITTEE MEETING
Minutes & Discussion Notes from Meeting held
Tuesday, March 16, 2021 at 7:00 p.m.
This meeting will be held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York
Governor Andrew Cuomo, in-person access by the public will not be permitted.
This is a public meeting and the public will have access to view and listen to the Regular Meeting as it is
happening via Zoom. If you do not have access to a computer or smartphone, there is an option to listen in via
telephone.
Comments from the public may not be solicited nor received without an appointment. The Land Preservation
Committee may add or remove applications from the Agenda upon its discretion, without further notice.
Applications may not be heard in the order they appear on this Agenda.
It is expected that the Committee will enter into Executive Session* after the Regular Meeting for the purpose of
discussing applications regarding proposed acquisitions of real property where publicity would substantially
affect the value thereof. The public is not allowed to view or listen to Executive Session.
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Members Present: Sam McCullough, Chairperson
John Simicich Doris McGreevy
Will Lee Anne Murray
Kimberly Krupski Eric Keil
Members Absent: none
Also present: Melissa Spiro, Land Preservation Coordinator
Melanie Doroski, Land Preservation Secretary
Zoom Attendees: Holly Sanford, Peconic Land Trust Project Manager
Kristin Sorell, Applicant
Commencement
The Open Session of this meeting is being recorded. All “Attendees” will be dismissed from this meeting
upon the Committee’s Motion to enter into Executive Session.
The meeting began at 7:01 p.m. with seven LPC members present.
Committee Minutes and Administration
Acceptance of LPC meeting minutes from March 2, 2021
MOTION made by Sam McCullough, seconded by Anne Murray, to accept the 3/2/2021 LPC meeting
minutes.
Motion carried: 7/0
Next Regular LPC Meeting Date
The next regular meeting is scheduled for Tuesday, March 30, 2021.
Inquiries for Uses or Structures on Preserved Property
SCTM #1000-69.-3-10.8 (SORELL – contract vendee / a.k.a. FLOWER HILL BUILDING CORP.)
Review request outlined in March 8, 2021 letter
Land Preservation Coordinator Melissa Spiro presented Sorell application for review request for PDR
land located on Ackerly Pond Lane in Southold. Mr. Sorell intends to bring back part of the land to a
farmable condition and plant fruit & Christmas trees and maintain agriculture by mowing areas. A
concern was raised that the clearing of the property should be for valid agricultural production and not
used as an estate lawn as a mowed lawn is not a permitted use and not allowed within the development
rights easement area.
MOTION made by Sam McCullough, seconded by Anne Murray, that the Land Preservation Committee
finds the Sorell application is in conformance with the terms of the easement language. Letter to include
definition of Agricultural Production and prohibition regarding lawn.
Motion carried: 7/0
General Land Preservation
REIVEW AGRICULTURAL ADVISORY COMMITTEE CHAPTER 70 REVISIONS
The Agricultural Advisory Committee Document was forwarded to LPC on 3/10/2021 for review.
Committee members were asked for their comments. LPC Chair Sam McCullough started discussion on
review of AAC’s proposed revisions to Chapter 70. A memo from LPC Sam McCullough is to be sent to
the Supervisor and Town Board that will include all LPC comments to each section as follows:
§ 70.2. Purpose
o LPC agrees to addition of “or that can be used”.
Question was raised as to whether or not this change is consistent with GML 247.
o LPC agrees to addition of “agricultural” before the word “production”.
o LPC agrees to remove “of food”.
o LPC questions the removal of “and the preservation of open space”.
Existing language “preservation of open space” should not be removed. Definition of open
space is necessary, with definition clarifying that open space includes various forms of
agriculture.
o Preservation of community character is important and should be included in Purpose.
§ 70.3. Definitions
o The proposed additional language “… the terms used herein are defined and the same as
the agricultural and related definitions in Chapter 280-4 Definitions” is not correct. The proposed
definitions are not the same as those in existing Chapter 280-4 Definitions. If the intent was for
consistency with Chapter 280-4, the intent is not met.
o AGRICULTURAL LANDS
LPC agrees to addition of “or that can be used”
However, question raised as to whether or not this change is consistent with GML 247
o AGRICULTURAL PRODUCTION
LPC is not in favor of the definition as proposed.
The proposed revision, specifically the revision allowing for processing and/or on-farm direct
marketing, is a significant change from the current definition.
The LPC feels that direction is needed from the Town Board regarding whether processing
and on-farm direct marketing should be allowed within preserved farmland. If the Town
Board supports processing and on-farm direct marketing within
TPDR lands, the LPC recommends that in-depth review and discussion take place, including
but not limited to:
What types of uses will be allowed if the definition is revised?
Are there unintended consequences?
Should the Town limit the scope of uses on TPDR lands in any way?
o ALIENATION
LPC defers to legal opinion regarding change in wording to “owned by”
o DEVELOPMENT RIGHTS
LPC recommends against the proposed revision. The proposed language is unclear,
ambiguous and confusing.
o STRUCTURE
Proposed definition is not consistent with Zoning Code 280-4 Definitions.
Existing Zoning definition should be reviewed if intent is consistency.
Proposed revision adds “…requiring a building permit…”
Question raised as to if there are uses (i.e. farm stand / on-farm direct marketing?)
requiring a type of permit not classified as a building permit.
If so, strike “building” and re-word to “Anything requiring a permit from the Town of
Southold Building Department shall be considered a structure.”
Some LPC members felt existing Structure definition should remain as written.
§ 70.4. Acquisition of development rights.
o A.
LPC agrees to proposed changes.
o B.
LPC opposed to proposed language. Language is not appropriate Code language and
without a process for what the Town would do with the Seller’s appraisal (process is not
recommended) is meaningless. Language as written does not prohibit Seller from obtaining
an appraisal.
§ 70.5. Alienation of development rights.
o A.
LPC members strongly opposed to the “except as may be amended by mutual
agreement….” proposed change and questioned whether this proposed change is legal,
particularly with respect to GML 247?
LPC members strongly opposed to the proposed sentence “The instrument of
conveyance…”
LPC member commented that no town easement should include language that specifically
impedes property owner’s rights.
o B.
LPC agrees to strike-out; however, clarification as to what the intent is of the proposed
wording is needed, as the intent is not clear.
LPC feels that there should be some allowance in Code for placing additional conditions into
easements under certain circumstances, though not in most cases.
§ 70.6. Land Preservation Committee
o (1)
LPC does not agree to addition of “qualified” since Town Board already has the right to
appoint anyone deemed qualified to serve on the committee, and does not agree to addition
of wording regarding Committee classification/experience requirements.
LPC agrees to change from “Chairman” to “Chair”.
LPC does not agree to “…one member shall serve concurrently….”
Committees members as a whole should work together to share information.
Each committee has an appointed Town Board Liaison, perhaps Liaison should be the same
for both Committees?
o (2) Duties of the Committee.
\[2\] LPC does not agree to changes.
\[3\] LPC does not agree to changes.
LPC does not agree that review by the Land Preservation Committee should be eliminated.
LPC agrees existing language is not consistent with current practice and should be revised.
The current practice is for the LPC to review requests for uses on TPDR lands to ensure that
such uses are consistent with and do not derogate from or defeat the purpose and terms of
the recorded easement.
\[5\] LPC agrees to deleting this paragraph, since the Town has GIS Staff
preparing/maintaining maps for the Town; however, the LPC should not be prohibited from
preparing maps separate from those prepared/maintained by Town Staff, or having access
to such maps, for uses as may be deemed appropriate by the LPC.
REVIEW EASEMENT UNDERGOING REVIEW BY AGRICULTURAL ADVISORY COMMITTEE AS
REQUESTED BY TOWN BOARD
HOLD – for future Land Preservation Committee meeting.
Land Preservation Applications & Potential Applications
EXECUTIVE SESSION
MOTION made by Eric Keil, seconded by Sam McCullough, to enter into EXECUTIVE SESSION –
Proposed Acquisitions of Real Property Where Publicity Would Substantially Affect the Value
Thereof
Motion carried: 7/0
The LPC members entered in EXECUTIVE SESSION at 8:37p.m.
Meeting locked and recording stopped.
Land Preservation Coordinator gave updates on inquiries, new applications, appraisals and
current applications.
MOTION made by Sam McCullough, seconded by Doris McGreevy, to end Executive Session.
Motion carried: 7/0
EXECUTIVE SESSION ENDED at 8:49 p.m.
Adjournment:
MOTION made by Sam McCullough, seconded by Anne Murray, to adjourn this meeting.
Motion carried: 7/0
The meeting ended at 8:49 p.m.
Respectfully submitted by Melanie Doroski, Land Preservation Secretary