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Home My WebLink About1000-95.-3-3.4, 95.-3-8.1, 95.-4-1, 95.-4-3.1, 95.-4-5.2, 95.-4-12, 95.-4-13 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��qF SO P.O. Box 1179 54375 State Route 25 OjyOl Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Supervisor Members of the Southold Town Board From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date: July 14, 2021 Re: SEQR Review for Purchase a Development Rights Easement on Property Owned by Mattituck Farm Holdings, LLC This proposal is to purchase a development rights easement on property owned by Mattituck Farm Holdings, LLC located between Depot Lane to the east and Elijah's Lane to the west, and between Oregon Road to the north and,County Road 48 to the south. The Town proposes to purchase six (6) separate Development Rights Easements, on all or part of some of the properties owned by Mattituck Farm Holdings, LLC, on a cumulative total of 106.78± acres. Said properties are identified as all or part of SCTM #1000-95-3-3.4 (4710 Oregon Road), 1000-95-3-8.1 (5780 Oregon Road), 1000-95-4-1 (7040 Oregon Road), 1000-95-4-3.1 (8500 Alvah's Lane), 1000-95-4-5.2 (8820 Alvah's Lane), 1000-95-4-12 (19285 County Road 48) and 1000-95-4-13 (19155 County Road 48), in Cutchogue,New York. The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5c(39), the action proposed is a Type II action and therefore not subject to SEQRA review. 61 7.S(c)(39) "an agency's acquisition and dedication of 25 acres or less of land for parkland, or dedication of land for parkland that was previously acquired, or acquisition ofa conservation easement;" Please contact me with any questions. Cc: William Duffy, Town Attorney RECEIVED �i � 202, h rt Environmental Assessment Form Southold Town Part I -Project Information Planning Board Instructions for Completing Part I—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part l—Project and Sponsor Information Name of Action or Project: Mattituck Farm Holdings,LLC-Town Purchase of Development Rights Project Location(describe,and attach a location map)- Multiple propentes between Depot Lane on the east to Elijah ' s Lane on the west,and between Oregon Road to the north to County Road 48 to the ^Brief Description of Proposed Action: the Town proposes to purchase six(6)separate Development Rights Easements,on all or part of some of the properties owned by Mattituck Farm Holdings,LLC,on a cumulative total of 106.78±acres.Said properties are identified as all or part of SCTM#1000-95-3-3.4(4710 Oregon Road), 1000-95-3-8.1 (5780 Oregon Road),1000-95-4-1 (7040 Oregon Road),1000-95-4-3.1 (8500 Alvah ' s Lane),1000-95-4-5.2(8820 Alvah ' s Lane), 1000-95-4-12(19285 County Road 48)and 1000-95-4-13(19155 County Road 48),in Cutchogue, Name of Applicant or Sponsor: Telephone- (631)765-1800 Southold Town Board E-Mail, melissa spiro@town southold ny us Address- Southold Town Hall,53095 Main Road City/PO State Zip Code- Southold NY 11971 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative Wile,or regulation? If Yes,attach a naiTative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2 If no,continue to question 2 2. Does the proposed action require a permit,approval or finding from any other government Agency? NO YES If Yes, list agency(s)name and permit or appi oval ❑ 3 a Total acreage of the site of the proposed action? 107+/-acres b.Total acreage to be physically disturbed? Oacies c.Total acreage(project site and any conti-uouS piopeines)owned or controlled by the applicant or project Sponsor? 256+I-acres 4. Check all land uses that occur on;are adjoining or near the pioposed action: ❑Urban ✓❑ Rural(non-agriculture) ❑✓ Industrial ❑ Commercial ❑✓ Residential (Suburban) ❑ Forest ✓❑ A-riculluie ❑ Aquatic ❑ Other(Specify) ❑Parkland 1'u�� 1 ul'3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ Z ❑ b. Consistent with the adopted comprehensive plan? ❑ Z ❑ NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ❑v ❑ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b Are public transportation services available at or near the site of the proposed action? ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: Not Applicable Z ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment, 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the ❑ ❑ Commissioner-of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the pioject site,or any portion of it, located in or adjacent to an area designated as sensitive for ❑ ❑ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory'? 13 a Does any portion of the site of the proposed action,or lands adjoining the proposed action;contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? - ❑ b. Would the pioposed action physically altei.of encroach into,any existing wetland or wateibody'? ❑ ❑ If Yes. identity the wetland or watei body and extent of alterations in square feet of acres 1'•t�,c _ Ui 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply• ❑Shoreline ❑ Forest ❑✓ Agricultural/grasslands ❑ Early mid-successional ❑Wetland ❑ Urban ❑ Suburban 15 Does the site of the proposed action contain any species of animal, or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? ❑ ❑ 16. Is the project site located in the 100-year flood plan? NO YES Z ❑ 17. Will the proposed action create storm water discharge,either fi•om point or non-point sources? NO YES If Yes, Fv] ❑ a Will storm water discharges flow to adjacent properties? ❑ ❑ b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑ ❑ If Yes,briefly describe: n om,.n' ' 18. Does the proposed action include construction or other activities that would result in the impoundment of water- NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: ❑ ❑ 1-9. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: 20-Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes,describe- I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name- Date 1111112oz I /� n Signature �� f �i Q v Title: AJ Ce S$ry CJ. ayy (o or?tX�L�� ✓� PRINT FORM pnu3 u1'3 RESOLUTION (ID # 17236) REVIEWED DOC ID: 17236 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. (ID It 17236) WAS REVIEWED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 13, 2021: WHEREAS, Mattituck Farm Holdings, LLC, owns approximately 256± acres in Cutchogue, located between Depot Lane to the east and Elijah's Lane to the west, and between Oregon Road to the north and County Road 48 to the south; and WHEREAS, a combined total of 136± acres are subject to existing Town or County development rights easements, and the remaining lands, a combined total of 120± acres, have development rights intact; and WHEREAS, all of the properties are located within the Agricultural-Conservation (A-C) zoning district, are comprised of Prime Soils, and are in active agriculture; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural value and aquifer recharge area value; and WHEREAS, the Town proposes to purchase six (6) separate Development Rights Easements, on all or part of some of the properties owned by Mattituck Farm Holdings, LLC, on a cumulative total of 106.78± acres. Said properties are identified as all or part of SCTIvI #1000-95-3-3.4 (4710 Oregon Road), 1000-95-3-8.1 (5780 Oregon Road), 1000-95-4-1 (7040 Oregon Road), 1000-95-4-3.1 (8500 Alvah's Lane), 1000-95-4-5.2 (8820 Alvah's Lane), 1000-95-4-12 (19285 County Road 48) and 1000-95-4-13 (19155 County Road 48), in Cutchogue,New York, and WHEREAS, as part of the acquisition, the remaining 13± cumulative acres, including new development (reserve) areas and existing development (reserve) areas, will each be subject to the recording of a Declaration of Covenants & Restrictions simultaneously with the Easement; including a requirement that the area will remain permanently attached to the preserved farm. Said properties include: New Development (reserve) Areas SCTiVI #1000-95-3-8 1 (5780 Oregon Road) SCTM #1000-95-4-1 (7040 Oregon Road); SCTM #1000-95-4-3.1 (8500 Alvah's Lane) .Existing Development (reserve) Areas SCTM 111000-95_-3-3 5 (5200 Oregon Road) SCTM #1000-95 -4-6 1 (7990 Oregon Road) SCTi\,l #1000-95.-4-9 1 (8900 Orepon Road) SCTM 1±1000-95.-4-14.2 (8640 Oregon Road) Resolution (ID # 17236) Board Meeting of July 13, 2021 WHEREAS, as a condition of the acquisition, the existing tax parcels known as SCTM 41000- 95.4-12 and #1000-95.-4-13, each 6.5± in acres, will be merged; and WHEREAS, as a condition of the acquisition, the existing tax parcels known as SCTM #1000- 95.4-9.2 (4.3 acres subject to existing Town development rights easement) and #1000-95.4-10 (19.5 acres subject to existing Town development rights easement), will be merged; and WHEREAS, the total acquisition purchase price is $6,000,000.00 (six million dollars), calculated to be $56,190.30 (fifty-six thousand one hundred ninety and 30/100 dollars) per buildable acre based on the 106.78± acres contemplated to be encumbered as follows: SCTM #1000-95.-3-3.4 1.98± acres at $ 111,257.00 SCTM #1000-95.-3-8.1 53.00± acres at $ 2,978,086.00 SCTM #1000-95.4-1 10.00± acres at $ 561,903.00 SCTM #1000-95.-4-3.1 24.00± acres at $ 1,348,567.00 SCTM #1000-95.-4-5.2 4.80± acres at $ 269,713.00 SCTM #1000-95.4-12 & 13 13.00± acres at $ 730,474.00 If the final survey shows that the total acreage of the Premises is different from the 106.78± acre figure used to determining the purchase price for each easement, the final price per acre shall be adjusted such that the final purchase price remains at $6,000,000.00 (six million dollars.) The exact areas of the acquisitions are subject to Town-provided surveys acceptable to the Land Preservation Committee and the landowner; and WHEREAS, Community Preservation Funds will be used to acquire the easements and to pay for closing costs and expenses associated with the acquisitions; and WHEREAS, the Town commissioned an appraisal, by a qualified appraiser, to value the development rights and restrictive covenants on portions of the subject parcels. The Town acknowledges that the Town's purchase offer is below the fair market value as determined by the appraisal, and the landowner may be eligible to claim a bargain sale; and WHEREAS, this acquisition involves six easements, three new development (reserve) areas, four covenants and restrictions for existing development (reserve) areas as well as two 2-lot mergers of parcels and is subject to, and contingent upon; the Town's acquisition of the entire scope of this proposed project; now, therefore; be it RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav, July 27, 2021 at 4:30 pan., Southold Town Hall, 53095 it'Iain Road, Southold, New York as the time and place for a public hearin!,p for the purchase of Development Rights Easements, in accordance with the acquisition as detailed above, on properties owned by Mattituck Farm Holdin�,s, LLC; and, FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file ui Land Presci-\anon Department. Southold Town 1-1all Anne. 51375 Route 25- Southold; New- York- and Ilia\, be examined by anv interested person cluring business hours. Updated- 7/13/2021 1 1 :30 ANI b\. 1_yndi 1Zuddci Resolution (ID # 17236) Board Meeting of July 13, 2021 C"Oa4" Elizabeth A. Neville Southold Town Clerk Updated: 7/13/'021 1 1 :30 INTI h\ L%11(1,1 RuddeI Page 3