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HomeMy WebLinkAbout1000-109.-1-10 OFFICE LOCATION: r3f SUUTyo MAILING ADDRESS: Town Hall Annex h0 1p P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 G • Q Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, AICP ' Assistant Town Planning Director LWRP Coordinator Date: May 20, 2021 Re: Proposed Purchase of a Development Rights Easement on a property owned by Walker/McCall,LLC and McCall Family Holdings Limited Partnership LLLP SCTM#1000-109.-1-10 This proposal is to purchase a development rights easement on property owned by Walker/McCall, LLC and McCall Family Holdings Limited Partnership LLLP. Said property is identified as SCTM #1000-116A-10. The address is 21657 Main Road (NYS Route 25) in Cutchogue. The property is located in the Agricultural-Conservation (A-C)Zoning District and is situated on the southerly side of Main Road (NYS Route 25) approximately 1063 feet easterly from the intersection of Locust Avenue and Main Road (NYS Route 25). 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 2021-390 ADOPTED DOC ID: 17035 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-390 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 18,2021: 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, June 1, 2021, at 4.30 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearin14 for the purchase of a development rij4hts easement on property owned by Walker/McCall, LLC and McCall Family Holdings Limited Partnership LLLP. Said property is identified as SCTM #1000- 116.-1-10. The address is 21657 Main Road (NYS Route 25) in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Main Road (NYS Route 25) approximately 1063 feet easterly from the intersection of Locust Avenue and Main Road (NYS Route 25). The proposed acquisition is for a development rights easement on a parcel consisting of approximately 7.78± acres. In conjunction with the purchase of the development rights easement, an adjacent parcel known as 21380 NYS Route 25, Cutchogue, NY and designated as SCTM 41000-109.-1-37 will be subject to a Declaration of Covenants & Restrictions, including a requirement that the parcel remain permanently attached to the farm. Upon closing, the Declaration of Covenants & Restrictions will be recorded simultaneously with the Development Rights Easement. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. Community Preservation Funds will be used to acquire the easement plus acquisition costs. The purchase price is $65,000.00 (sixty-five thousand dollars) per buildable acre, estimated at $505,700 (five hundred five thousand seven hundred dollars) for the 7.78± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The landowner has offered to sell the development rights to the Town at a purchase price below the fair market value indicated in the Town's commissioned appraisal and the landowner may be eligible to claim a bargain sale. 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 To-vvn 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 Resolution 2021-390 Board Meeting of May 18, 2021 RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Sarah E.Nappa, Jill Doherty,Robert Ghosio, Louisa P. Evans ABSENT: James Dinizio Jr, Scott A. Russell Updated: 5/18/2021 1 l .48 A1\/1 by Lynda Rudder PaL?e 2 ECEIVED Short Environmental Assessment Form ' MAY AY 2 0 2021 Part 1 -Project Information L _— Southold Town Instructions for Completing Planning Board 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: TPDR Walker/McCall,LLC and McCall Family Holdings Limited Partnership LLP Project Location(describe,and attach a location map): SCTM#1000-116:1-10 21657 Main Road,Cutchogue Brief Description of Proposed Action: Town Purchase of Development Rights Easement on parcel of 7.78+/-acres for agricultural purposes. 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 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? 7.78+/-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 sponsor? 7 78+/ acres 4. Check all land uses that occur on;are adjoining or near the proposed action: ❑Urban ❑✓ Rural(non-agriculture) ❑ Industrial ❑✓ Commercial ❑✓ Residential(suburban) ❑ Forest ❑✓ Agriculture Aquatic ❑ Other(Specify): ✓❑Parkland Pane I of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ RI ❑ 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: ❑ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑ F-1- b. 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 U 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: 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 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 inventory9 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? RI ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Adjacent to parcel with wetlands Project is to purchase the development rights,no impact to the wetlands. :�" t `- 5 Page 2 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, ❑✓ ❑ 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: 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: Melissa Spiro Date:5/19/2021 t Signature: Title:Southold Town Land Preservation Coordinator PRINT FORM Paize 3 of 3 Agency Use Only [IfApplicable] Project Walker/McCall,LLC Date' May 20,2021 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 dated May 19,2021 Determination of Significance-Type I and Unlisted Actions SEQR Status: ❑ Type 1 ©Unlisted Identify portions of EAF completed for this Project: ❑✓ Part I ❑Part 2 ©Part 3 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: Walker/McCall,LLC and McCall Family Holdings Limited Partnership LLLP 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;;li ) 13-\ 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@town southold 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.htnil PRINT FULL FORM I Page 2 of 2 Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM MAY 2 0 2021 Southold Town A. INSTRUCTIONS Planning Board 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 Pernuts 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 TownZ 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 supportin_Z 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#_u - I - I D PROJECT NAMETUCC-4w7ff ofNT �Gi-trS . W/*(-kC-ZINICCk.LL,LLC CAVNA McC,oc.L�AM�1. / \AOL-1 o(r5 The Application has been submitted to(check appropriate response): L—t rte I TED ?P c rjeeSto t.�L Town Board 0 Planning Board❑ Building Dept. ❑ Board of Trustees ❑ I. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital Lr I 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: QC t-4 ASz nF OUES 'O'P M EN'r �k 6 t lTS c-I�serrieN- - 1-)N ? Ngcc-7L of Z 7 9 AC 90 r Location of action- ;6657 MP I tv Ar- Site acreage 7, 7 Ac lo E S Present land use- Q&t2 (CU t.'t U R 1= + 5u e Po gT L A Nt:, Present zoning classification: 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 ❑ No❑ 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. 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—PoliciesPagges 3 through 6 for evaluation criteria 11Yes 1:1sP No [J Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No [J-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 8 through 16 for evaluation criteria ElYes 1:1 ❑� No u Not Applicable Attach additional sheets if necessary Policy 5. 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 0 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 ❑ No ❑✓ 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 ❑ No allot 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 ❑ No 19"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. �� 1:1Yes❑ 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 ❑ No ❑allot Applicable Attach 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 RrNot 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. Yes ❑ 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 [:J--No ❑ Not Applicable PREPARED BY M E L k S$A, 6 TITLE L Atio -PQe S. (ooiz DATE /5 202-\ Amended on 811105 RESOLUTION 2021-390 �3 ADOPTED DOC ID: 17035 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-390 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 18,2021: 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, June 1, 2021, at 4:30 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearinLy for the purchase of a development risthts easement on property owned by Walker/McCall, LLC and McCall Family Holdings Limited Partnership LLLP. Said property is identified as SCTM #1000- 116.-1-10. The address is 21657 Main Road (NYS Route 25) in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Main Road (NYS Route 25) approximately 1063 feet easterly from the intersection of Locust Avenue and Main Road (NYS Route 25). The proposed acquisition is for a development rights easement on a parcel consisting of approximately 7.78± acres. In conjunction with the purchase of the development rights easement, an adjacent parcel known as 21380 NYS Route 25, Cutchogue, NY and designated as SCTM #1000-109.-1-37 will be subject to a Declaration of Covenants & Restrictions, including a requirement that the parcel remain permanently attached to the farm. Upon closing, the Declaration of Covenants & Restrictions will be recorded simultaneously with the Development Rights Easement. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. Community Preservation Funds will be used to acquire the easement plus acquisition costs. The purchase price is $65,000.00 (sixty-five thousand dollars) per buildable acre, estimated at $505,700 (five hundred five thousand seven hundred dollars) for the 7.78± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination,plus acquisition costs. The landowner has offered to sell the development rights to the Town at a purchase price below the fair market value indicated in the Town's commissioned appraisal and the landowner may be eligible to claim a bargain sale. 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 Resolution 2021-390 Board Meeting of May 18, 2021 RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Sarah E. Nappa, Jill Doherty, Robert Ghosio, Louisa P. Evans ABSENT: James Dinizio Jr, Scott A. Russell Updated: 5/18/2021 11:48 AM by Lynda Rudder Page 2