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HomeMy WebLinkAbout1000-35.-2-1, p/o 11 pF SOS. . OFFICE LOCATION: ��� ryOl MAILING ADDRESS: Town Hall Annex '` P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) 0-0 �r G Q Telephone: 631765-1938 Southold, NY 11971 • �O P Q�y Fax: 631765-3136 COU�y,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, AICP LWRP Coordinator Date: April 23, 2019 Re: Proposed Purchase of a Conservation Easement on properties owned by William King and Robert Turner, as Tenants in Common. SCTM# 1000-35.-2-1 and p/o SCTM#1000-35.-2-11 The Town proposes to purchase a Conservation Easement on the combined 93.14± total acres referenced as the Premises. The, Town proposes to purchase the development rights on approximately 86.24± acres, referenced as the Protected Areas. The development rights will be retained on approximately 6.9± acres referenced as the Development Areas. Said properties are identified as part of SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11 with addresses 3365 and 5025 NYS'Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. 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(63 1) 765-1938 if you have any questions regarding the above recommendation. Cc: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator REC. Town of Southold �— APR i 0 2019 LWRP CONSISTENCY ASSESSMENT FORM SOutt Off 1 oWn A. INSTRUCTIONS PlanniF�a r3oard 1. All applicants for permits` including Town of Southold agencies, shall complete this CCAF for proposed actions that are,subject to theTown 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 Peimuts 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, listinJ4 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 SCTM# 35 - oL - 14- )l PROJECT NAMEI 0 �Mszl_va�t'im FQ_sf let , Wh4ni k' i- dbX f I v%ef,>_1 u 5 �Cn S "A �t MoN 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): Action undertaken directly b (a) A Y Y 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: T- -t- o�v n ���c1 u Se fv oc�GGS2 uv� c1314' �ccr�s w ��a4 ' �cirrS Ar k 41 �/' 6.',es ✓CVM lease m I-s vac Po b�� Q�pro vJ Vb v C, '1CC cf tetjlam V SL orL Location of action- Site ctionSite acreage: �t 3, l `� " a<Ce5 AcrPc' 2ctcemerJ 322. 4S Present land use c'014 (oyJ � Present zoning classification: 1` �3y 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 criter' . Yes ❑ No ❑ Not-Applicable c v es 'PU)b `C o�'r o�2 f e Cr-e �` o S. OYZA 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 11 Yes ❑ No dNot Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWR-P 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 u No ❑ 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 throu 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 ❑ No Not Applicable I ' 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 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 ❑ No I—J 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 c riter'��. Yes❑ No❑ Not Applicable o 2 c2 cy'-e ot` 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 ICI—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. 7Yes ❑ No❑ Not Applicable \�owS e j J\oV G rr<e r-e��� ov�0. VS2 tLe coy,(% 5 v n G:�C,61 Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; P s 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable D BYAA S� TITLE L-�rc� �tp S. o�. DATE`AR PREPARE __ Amended on 811105 r ' RESOLUTION 2019-332 ADOPTED DOC ID: 15099 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-332 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9, 2019: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2019 at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a Conservation Easement on properties owned by William King and Robert Turner, as Tenants in Common. Said properties- are identified as part of SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11 with addresses 3365 and 5025 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The Town proposes to purchase a Conservation Easement on the combined 93.14± total acres referenced as the Premises. The' Town proposes to purchase the development rights on approximately 86.24± acres, referenced as the Protected Areas. The development rights will be retained on approximately 6.9± acres referenced as the Development Areas. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the landowners. The easement will be acquired using Community Preservation Funds. The purchase price accepted by the landowners is'$3,881,250 (three million eight hundred eighty-one thousand two hundred fifty dollars). The Town will pay for closing costs associated with the acquisition areas. The Town's purchase offer is below the fair market value of the Easement as determined by the Town's commissioned appraisal by a qualified appraiser,,and the landowners may be eligible to claim a bargain sale. The Town acknowledges that the purchase of this Easement constitutes a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its recreational, open space and agricultural,values and for the protection of undeveloped beach lands and shore lines. Acquisition of the proposed easement will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town, by providing affordable recreational opportunities for the residents of the Town and others, and by prohibiting development of the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational use may become unsustainable, and subject to Town Board approval and pursuant to the terms of the easement, the Premises may be used for agricultural purposes. The Premises together with the adjacent two parcels currently identified as SCTM #1000-35.-2- 12 and,SCTM #1000-35.-2-17.1 comprise the operating golf course known as Island's End Golf and Country Club and the owner of those adjacent parcels, Island's End Golf and Country Club, Inc., is entering into a similar Easement with the Town concurrent with this acquisition proposal Resolution 2019-332 Board Meeting of April 9, 2019 in order to preserve the existing golf course use and for the same purposes as this acquisition. This acquisition is subject to and contingent upon the Town's acquisition of the Easement on said adjacent properties. 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. e Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 4/9/2019 12:43 PM by Lynda Rudder Page 2