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HomeMy WebLinkAbout1000-109.-1-11 1 OFFICE LOCATION: 'Jf soyo MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 • Telephone: 631 765-1938 olycou LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: ', `',' `own of Southold Town Board a' '-From: Mark.Terry, AICP Assistant Town Planning Director LWRP Coordinator Date: March 8, 2021 Re: Proposed Purchase of a Development Rights Easement on a property owned by WW Farms Inc. - SCTM#1000-109.-1-11 The Town of Southold proposes to purchase a development rights easement on a part of the property consisting of approximately 64f acres (subject to survey) of a 77.8± acre parcel located in the Agricultural-Conservation (A-C) Zoning District. The property is identified as part of,SCTM #1000-109A-11 and located at 24085 Main Road, Cutchogue,New York. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator RESOLUTION 2021-176 ADOPTED DOC ID: 16861 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-176 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 23, 2021: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, March 9, 2021, at 4:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearinji for the purchase of a development rights easement on property owned by WW Farms, LLC. Said property is identified as part of SCTM #1000-109.4-11. The address is 24085 Main Road (NYS Route 25) in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of Main Road (NYS Route 25) approximately 1332 feet westerly from the intersection of Alvah's Lane and Main Road (NYS Route 25), Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 64f acres (subject to survey) of the 77.8± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $64,203.00 (sixty-four thousand two hundred three dollars) per buildable acre, estimated at $4,108,992.00 (four million one hundred eight thousand nine hundred ninety-two dollars) for the 64f acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell RESOLUTION 2021-176 ADOPTED DOC ID: 16861 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-176 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 23, 2021: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, March 9, 2021, at 4:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by WW Farms, LLC. Said property is identified as part of SCTM #1000-109.-1-11. The address is 24085 Main Road (NYS Route 25) in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of Main Road (NYS Route 25) approximately 1332 feet westerly from the intersection of Alvah's Lane and Main Road (NYS Route 25), Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 64f acres (subject to survey) of the 77.8± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $64,203.00 (sixty-four thousand two hundred three dollars) per buildable acre, estimated at $4,108,992.00 (four million one hundred eight thousand nine hundred ninety-two dollars) for the 64f acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Short Environmental Assessment Form Part I -Project Information Instructions for Completing Part 1—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 1—Project and Sponsor Information Name of Action or Project: Town Purchase of a Development Rights Easement.WW Farms,LLC Project Location(describe,and attach a location map): SCTM#1000-109.-1-11 24085 Main Road,Cutchogue Brief Description of Proposed Action: Town purchase of a development rights easement for agricultural purposes on part of the property consisting of approximately 64+/-acres of tthe 77.8+/-acre parcel. Name of Applicant or Sponsor: Telephone: (631)765-1800 Southold Town Board E-Mail: Address: Southold Town Hall 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 rule,or regulation? If Yes,attach a narrative 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 funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval: ❑ 3. a.Total acreage of the site of the proposed action? 64 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor9 77'8 acres 4 Check all land uses that occur on,are adjoining or near the proposed action. ❑Urban ❑✓ Rural(non-agriculture) ❑ Industrial ❑ Commercial ❑ Residential(suburban) 0 Forest ❑✓ Agriculture Aquatic ❑ Other(Specify): ❑✓ Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ ❑ ❑ b. Consistent with the adopted comprehensive plan? ❑ FV1 ❑ NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? F-1 Fv1 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: ❑ 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? W/1 ❑ 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: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: NA F F-1 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: NA 21 ❑ 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 project 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 proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: <a��;wza 4tt Page 7_ of 3 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 ❑✓ ❑ 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, RI ❑ 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: 17 { - } 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: ❑ ❑ 19. 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 Melissa Spiro Date:2/26/2021 Signature. Title:Land Preservation Coondinator PRINT FORM Page 3 of 3 Agency Use Only [IfApplicable] Project• VWV Farms Inc Date. Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See Short Environmental Assessment Form prepared by Southold Town Land Preservation Coordinator Determination of Significance- Type 1 and Unlisted Actions SEQR Status: ❑ Type 1 ❑✓ Unlisted Identify portions of EAF completed for this Project: ©Part 1. ❑ Part 2 ©Part 3 1 Upon review of the information recorded on this EAF,as noted,plus this additional support information SEAF and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the as lead agency that: © A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: WW Farms Inc.SCTM#109.-1-11 Name of Lead Agency: Southold Town Board Name of Responsible Officer in Lead Agency: Scott A Russell,Supervisor Title of Responsible Officer: Same Signature of Responsible Officer in Lead Agency: Date:S1 a11aA Signature of Preparer(if different from Responsible Officer) Date: For Further Information: Contact Person: Mark Terry,Assistant Town Planning Director Address: P O.Box 1179,53095 Main Road,Southold,NY 11971 Telephone Number:631-765-1938 E-mail: Mark Terry@townsouthold.ny.us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html PRINT FULL FORM Page 2 of 2 Town of-Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. orm is answered "yes" or "no", then the proposed action will If any question in Section C on this f affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. V r11% B. DESCRIPTION OF SITE AND PROPOSED ACTION n-1 ED scTM#� Oaf - I - L1PROJECT NAME w W fA-7-MS 1-1--C- The Application has been submitted to(check appropriate response): Town Board 12f Planning Board❑ Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 2 construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: 0(: A� P E V Ego M OMT F-► 6 HTS �PrSI✓ffi ENT o N (�y} 2 s o F 7 7, �+ ACYZ E=- `I R 2CC:L Location of action: �),Lt O S j J`�1(��N � � GUITCIt O GU L Site acreage G U AC?-1'7c, o f 7 7.�? (A—CZ E P A 2 C E L- Present land use: &,(Z% C u LT' V(Z Present zoning classification: A 'C 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided. (a) Name of applicant: (b) Mailing address: (c) Telephone number- Area Code( ) (d) Application number, if any: Will the action—be/directly undertaken, require funding, or approval by a state or federal agency? Yes El No LJ If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete'answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community,character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. P Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III–Policies Pages 3 through 6 for evaluation criteria ❑ Yes Z No ❑ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH—Policies Pages 6 through 7 for evaluation criteria ❑ Yes Z No ❑ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages S through 16 for evaluation criteria ❑ Yes IJ No ❑ Not Applicable Attach additional sheets if necessary Policy S. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes No ❑Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes' ZNo ❑ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ZNo❑ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes [:J No ❑ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes Z No❑ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes [Z No ❑ Not Applicable- Attach pplicableAttach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes © No ❑ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. Vyes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes © No ❑ Not Applicable PREPARED BY�&G SSt1- S�.)n J TITLE L-AN n �2 . �R,DATE Amended on 811105