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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: OF SO(/Ty� MAILING ADDRESS: Town Hall Annex h0 SQ P.O. Box 1179 54375 State Route 25q Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 G ® 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: July 14, 2021 Re: Proposed Purchase of a Development Rights Easement on a property owned by Mattituck Farm Holdinl4s, 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 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 RECEIVED Town of Southold JUL 13 2021 South N ISTENCY ASSESSMENT FORM Planning Board A. INSTRUC 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 Tower 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. *G+�S w M q2 rf u,cc�e QS ?aer 0-f- acv�S��+a B. DESCRIPTION OF SITE AND PROPOSED ACTION or\ o-C4.Qq- fart-etc Sc.e ('c So�u-ttp� . scTM� 3.ti �g.1 � q5.-y - 1 3.�� s.2, ►�, 1-3, PROJECTNAME Moi :}oc�-- Ft*2m 2 �v•+Ts EAsemcti-T5 . The Application has been submitted to(check appropriate response): Town Board 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 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: of\ a e urnvk a��ve -+L,A,\ c:,-(- ) 06 `? ? CAC-rt s Location of action � z �r�2pa��-a,\e or\1te- PSI o t\ we sr ; C(r`Ll 1x{-W{vr. d re S d r n ti ct 40 -rn,>cTk-t-L, (_TZ 4 Tu Tie 50.)A-k. C L . ve.d ci c�rQ Site acreage ivc\ S 10-1'_ 5 Present land use. Nc,Q i c.>LTOQ Present zoning classification: ` 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 ❑ 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 LMIRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No DxNot 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 ff 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—PoliciessPPjages 8 through 16 for evaluation criteria 1:1 Yes 1:1 No u 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 El No [:JNot 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 foi- evaluation criteria. ❑ Yes ❑ No ffNot 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 ffNot 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. LJ ❑ Yes ❑ 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. �j ❑ Yes❑ No L_._J 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 ❑ Not 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 [Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 throu h 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 ❑ No ❑ Not Applicable PREPARED BY G�tl 6-- v TITLE L,4,v P PfaS. � oQv , DATE 1 Amended 017 811105 RESOLUTION (ID # 17236) REVIEWED DOC ID: 17236 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. (ID # 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 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, 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 SCTM #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 #1000-95.-3-3.5 (5200 Oregon Road) SCTM #1000-95.4-6.1 (7990 Oregon Road) SCTM #1000-95 -4-9.1 (8900 Oregon Road) SCTM #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 41000- 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 Tuesday, Julv 27, 2021 at 4:30 p.m., Southold Town Hall, 53095 Main _Road, Southold, New York as the time and place for a public hearing for the purchase of Development Rights Easements, in accordance with the acquisition as detailed above, on properties owned by Mattituck Farm Holdings, LLC; and, FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in Land Preservation Department. Southold Town Nall Annex; 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours Updated: 7/13/2021 11 :30 Ai\/1 by Lunda Rudder Page 2 Resolution (ID # 17236) Board Meeting of July 13, 2021 Elizabeth A. Neville Southold Town Clerk Updated. 7/13/2021 11 :330 AM by Lynda Rudder Page 3