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HomeMy WebLinkAbout1000-120.-3-11.8 OFFICE LOCATION: O��QF SO!/r�ol MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 y� Telephone: 631765-1938 olyc4U ,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, AICP LWRP Coordinator Date: February 21, 2019 Re: Proposed Purchase of a Development Rights Easement on Property Owned by 410 Sound Avenue, LLC SCTM #1000-120.-3-11.8. Location: 410 Sound Avenue in Mattituck The proposed acquisition is for a development rights easement on a part of the property ' consisting of approximately 7.7± acres (subject to survey) of the 10.3± acre parcel. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 925 feet west of Aldrich Lane in Mattituck, 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 Agency Use Only[If applicable] Project: L.1 1 0 4S O V/i C }� Date: —J,1 z, 1 Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short- term,long-tern and cumulative impacts. ElCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. VCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, thatthe proposed action will not result in any significant adverse environmental impacts. SC 411bO�_ 1O „ is yr� ajun Name of Lead Agency Date Sc 'ky�n Sv,c �vc��r Print or Type Nam Respo sible Officer in Lead Agency tle of Responsible bOfficer Signature of Responsible Offi er in Lead Agency Signature Preparer(if differ fro esponsible Officer) PRINT FORM Page 2 oft Town of-Southold U U, LWRP CONSISTENCY ASSESSM , _ ��sS� A. INSTRUCTIONS 1. All applicants for permits* including Town of South(, proposed actions that are subject to the Town of Southol assessment is intended to supplement other informaW, L�PT making a determination of consistency. *Except mini and other ministerial permits not located within the Coaj , lv 2C' � I 2. Before answering the questions in Section C, the prep, pxb C �1�J?.1'► Vls �,�']� minor action list, policies and explanations of each poli Waterfront Revitalization Program. A proposed acts 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION n 'i SCTM# D .1 PROJECT NAME town hcr W�U(G0 1' VPIy�I nfi J"3 ��SC Pyr"�. "i V N L'C 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 Er construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g grant,loan, subsidy) (c) Permit, approval, license, certification: F] Nature and extent of actions C7W'r) /�!l('G 119� 4_� l��✓-C/C�/,�l!� �C/� S Y Location of action, �0 souin'A Ave, AC., 4 ► +UGk" _+ -1- Siteacreage: (7 aC [-e!& QCTf ecrsPn-'e OiTPC_ . Present land use: c x C Present zoning classification: f cy1 �U 4, ai\c e( 6vo CA - C J 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 Z 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—PoliciessPages 3 through 6 for evaluation criteria ❑ Yes 0 No l� 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 ❑/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 ❑ Yes ❑ No [�fNot 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 1:1ONO No 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 IH—Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑ No gNot Applicable Attach adchtional 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 ff Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wasE:t esSee LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ElYes ❑ No 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.❑ E( Yes 1:1No I I 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 ffNot 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 ffNot 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. WrYes ❑ 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 ff Not Applicable PREPARED BY l' til 1 4 TTTLEJr4 ?�.s;,erv�"'onDATE_9 / v/ Amended on 811105 Qy�,�(PBgUFFO(t�°Gs� RESOLUTION 2019-165 ADOPTED DOC ID: 14906 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-165 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 12, 2019: 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, February 26, 2019, at 4:30 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearinIz for the purchase of a development rights easement on property owned by MDH, LLC. Said property is identified as part of SCTM #1000-120.-3-2. The address is 260 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 1230 feet west of Aldrich Lane in Mattituck, New York. The proposed acquisition is for ,a development rights easement on a part of the property consisting of approximately 8.0± acres (subject to survey) of the 10.6± acre parcel. t 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 $62,750 (sixty-two thousand seven hundred fifty dollars) per buildable acre, estimated at $502,000.00 (five hundred two thousand dollars) for the 8.0± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. This acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the east and identified as SCTM#1000-120.-3-11.8. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. 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. 6��L07-� Elizabeth A. Neville r Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, 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 I 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. Part1,—Project and Sponsor Information Maine of Action'dr Project: Town Purchase of a Development Rights Easement-MDH,LLC Project Location(describe,and attach a location map): P/O SCTM#1000-120.-3-2 260 Sound Avenue,Mattituck Brief Description of Proposed Action: ' Town purchase of a development rights easement on 8+/-acres of a 10 6+/-acre property for agricultural purposes. � e 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 1,197.1 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? 8+/-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? 45+/-acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5. ❑Urban Rural(non-agriculture) ❑ Industrial ❑ Commercial'[0 Residential(suburban) ❑Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑Parkland Page 1 of 3 SEAF 2019 i 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ ✓❑ ❑ b. Consistent with the adopted comprehensive plan? ❑ ✓❑ ❑ 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? 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: :- ❑✓ ❑ 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'l 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 ori,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? FV_1 ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? 171 ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 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? " El ❑ b. ,Will storm'water dis'c�harges be-directed to 6stabIished-conveyance systems-(runoff and storm drains)? If Yes,briefly describe: - - ❑ 1 '❑ - _._ 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: 20.1­1as the site of the propo'kdaction or an adjoining property been the subject of remediation(ongoing or ''' NO YES_ completed) for hazardous waste? If Yes,describe: - :- I'CERTIF*f THAT THEINFORMATION PROVIDED ABOVE IS TRUE'-AND ACCURATE TO THE-BEST OF, MY KNOWLEDGE Applicant/`sponsor%name'-'' Melissa Spiro Signature: Title:Southold Town Land Preservation,Coordinator PRINT FORM Page 3 of 3 w ��SUFF°(tCOG1� RESOLUTION 2019-165 ADOPTED DOC ID: 14906 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-165 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 12, 2019: 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, February 26, 2019, 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 a development rights easement on property owned by MDH, LLC. Said property is identified as part of SCTM #1000-120.-3-2. The address is 260 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 1230 feet west of Aldrich Lane in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8.0±acres (subject to survey) of the 10.6± 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 $62,750 (sixty-two thousand seven hundred fifty dollars) per buildable acre, estimated at $502,000.00 (five hundred two thousand dollars) for the 8.0± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. This acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the east and identified as SCTM#1000-120.-3-11.8. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. 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: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell