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HomeMy WebLinkAboutMessina Property 1000-55.-6-35 Southold Town Board -Letter Board Meeting of August 23, 2022 RESOLUTION 2022-722 Item# 5.38 �yMa� ADOPTED DOC ID: 18360 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-722 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 23, 2022: WHEREAS,the Town Board of the Town of Southold held a public hearing on the 23rd day of August, 2022, on the question of the purchase of fee title to property owned by 2425 Laurel Avenue LLC, f/k/a Daniel Messina, as Contract Vendee, for open space preservation pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM#1000-55.-6-35,part of SCTM#1000-55.-6-36 and part of SCTM#1000-56.-1-1. The address of the property is 705, 751 & 2425 Laurel Avenue, Southold. The property is located within the Low-Density Residential R-80 Zoning District; and WHEREAS,the proposed acquisition is for the Town of Southold to acquire fee title to 43.6± acres for open space preservation. The exact area of the purchase is subject to survey. The 43.6± acre parcel is part of a proposed 80/60 Clustered Conservation Subdivision before the Planning Board for a subdivision of 50f acres into eight (8)residential lots of approximately 35,000 sq. ft. each, and one 43.6± acre parcel; and WHEREAS,the purchase price for the 43.6± acre parcel is $1,250,000 (one million two hundred fifty thousand dollars)plus any acquisition costs associated with the purchase of this property. The purchase will be funded by the Town's Community Preservation Fund; and WHEREAS,the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space preservation and the preservation of wetlands. The purpose of this acquisition is for open space,passive recreational purposes and wetland protection. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property; and WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS,the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program Generated August 24, 2022 Page 56 Southold Town Board - Letter Board Meeting of August 23, 2022 (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS,the Land Preservation Coordinator and the Town Board have reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, and have determined that fifty-three point six (53.6) Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credit into the Town TDR Bank; and WHEREAS,the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquires the property; and WHEREAS,the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for the purposes of the preservation of open space, passive recreational purposes and wetland protection.; and WHEREAS,the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, - WHEREAS,the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS,the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now,therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and,be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to property owned by 2425 Laurel Avenue LLC, f/k/a Daniel Messina, as Contract Vendee, identified as SCTM#1000-55.-6-35,part of SCTM#1000-55.-6-36 and part of SCTM#1000-56.- 1-1, for open space preservation. The purchase price for the 43.6± acre parcel is $1,250,000 (one million two hundred fifty thousand dollars) plus any acquisition costs associated with the purchase of this property. The purchase will be funded by the Town's Community Preservation Fund. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP Coordinator and the Town Board have determined that this action is consistent with the LWRP. The Land Preservation Coordinator and Town Board have determined that fifty-three point six (53.6) Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the property. w Generated August 24, 2022 Page 57 Southold Town Board -Letter Board Meeting of August 23, 2022 Denis Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Doroski, Mealy, Doherty,Evans, Russell Generated August 24, 2022 Page 58 ! OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex rF so P.O. Box 1179 54375 State Route 25 ®�� ®� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) '� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Scott Russell, Supervisor Members of the Southold Town Board SEP — T 2022 From: Mark Terry, AICP ����t��p� Town �`��� Assistant Town Planning Director LWRP Coordinator Date: August 23, 2022 Re: Proposed Purchase of a Development Rights Easement on a Property Owned by Daniel Messina, as Contract Vendee As part of SCTM #1000-56.-1-1 and SCTM#1000-55.-6-35 &p/o 55.-6-36. The Town is purchasing 43.6± acres from Daniel Messina, as Contract Vendee. Said property is identified as part of SCTM#1000-56.-1-1 and SCTM#1000-55.-6-35 & p/o 55.-6-36. The 43.60 acre parcel is part of a proposed 80/60 Clustered Conservation Subdivision before the Planning Board for a subdivision of 50± acres into eight (8) residential lots of approximately 35,000 sq. ft. each, and one 43.6±acre parcel. 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: John Burke, Assistant Town Attorney Melissa Spiro, Land Preservation Coordinator Agency Use Only [IfAppticablel Project: Daniel Messina,as Contract Vendee Date: August 23,2022 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 August 10,2022. 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 a Upon review of the information recorded on this EAF,as noted,plus this additional support information SEAF prepared May 19 2021 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: Daniel Messina,as Contract Vendee part of SCTM#1000-56.-1-1 and SCTM#1000-55.-6-35& p/o 55.-6-36 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: 8 las W1.), Signature of Preparer(if different from Responsible Officer) 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.dee.ny.gov/enb/enb.html PRINT FULL FORM Page 2 of 2 8626dfdc-dd23-4dbd-b2cf-d92c2338881e lynda.rudder@town.southoId.ny.us 1' AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: August 18,2022 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such,is eligible to publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 25 day of August 2022 Notary Signatur �� 4� '• •STATE• OF NEW 1'ORlC '. - : N OTARY PUBLIC: Notary Public Stamp A1.0'ANY UIRr 639844.1 Z. I I SOUTHOLD TOWN CLERK 1 I 8626dfdc-dd23-4dbd-b2cf d92c2338881e lynda.rudder@town.south old.ny.us i AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE t NOTICE OF PUBLIC HEARING NOTICE IS NEARBY given that pursuant to the provisions of Chapter 185(Open Space Preservation)and Chapter 17 (Community Preservation Fund)of the Town Code,the Town Board of the Town of Southold hereby sets Tuesday,August 23,2022,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 property from Daniel Messina,as Contract Vendee.Said property is identified as part of SCTM#1000- 56.4-1,SCTM#1000-55.-6-35 and part of SCTM#1000-55.-6-36.The address of the property is 705,751 &2425 Laurel Avenue,Southold. The property is located within the Low-Density Residential R-80 Zoning District. Detailed copies are available on the Town website southoldtownny.gov or by contacting the Town Clerks office at 631-765-1800 BY NOTICE OF THE TOWN BOARD 8/09/2022 DENIS NONCARROW SOUTHOLD TOWN CLERK i SOUTHOLD TOWN CLERK 2 i i i I Southold Town Board - Letter Board Meeting of August 9, 2022 RESOLUTION 2022-660 Item # 5.16 ADOPTED DOC ID: 18317 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-660 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 9, 2022: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code,the Town Board of the Town of Southold hereby sets Tuesday, August 23, 2022, 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 property from Daniel Messina, as Contract Vendee. Said property is identified as part of SCTM#1000-56.-1-1, SCTM#1000-55.-6-35 and part of SCTM#1000-55.-6-36. The address of the property is 705, 751 & 2425 Laurel Avenue, Southold. The property is located within the Low-Density Residential R-80 Zoning District. The proposed acquisition is for the Town of Southold to acquire fee title to 43.6± acres for open space preservation. The exact area of the purchase is subject to survey. The 43.6± acre parcel is part of a proposed 80/60 Clustered Conservation Subdivision before the Planning Board for a subdivision of 50± acres into eight(8) residential lots of approximately 35,000 sq. ft. each, and one 43.6± acre parcel. The purchase price for the 43.6± acre parcel is $1,250,000 (one million two hundred fifty thousand dollars)plus any acquisition costs associated with the purchase of this property. The purchase will be funded by the Town's Community Preservation Fund. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space preservation and the preservation of wetlands. The purpose of this acquisition is for open space, passive recreational purposes and wetland protection. Proposed uses of the property may include the establishment of a nature preserve,passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-7. Fifty- three point six (53.6) Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credit into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Generated August 10, 2022 Page 33 Southold Town Board - Letter Board Meeting of August 9, 2022 Route 25, Southold,New York, and may be examined by any interested person during business hours. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Generated August 10, 2022 Page 34 I Times Review Media Group Invoice #: 8626dfdc The Suffolk Times Date: 08/10/2022 Bill To Customer Email SOUTHOLD TOWN CLERK lynda.rudder@ town.southold.ny.us Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE LAST INSERTION DATE. Description.-. ,Publish'D'ate: Amount PUBLIC 08/18/2022 $25.71 Affidavit(eMail) 1 $25.00 I Affidavit(Mail) 0 $0.00 Please remit checks payable to: Total: $50.71Balance: Times Review Media Group $50.71 PO Box 1500 I Mattituck, NY 11952 i The invoice number MUST be included on your check to ensure that your payment is applied correctly. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEARBY given that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday. August 23. 2022. 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 groaerty from Daniel Messina, as Contract Vendee. Said property is identified as part of SCTM #1000- 56.-1 -1 , SCTM#1000-55.-6-35 and part of SCTM #1000-55.-6-36. The address of the property is 705, 751 & 2425 Laurel Avenue, Southold. The property is located within the Low-Density Residential R-80 Zoning District. Detailed copies are available on the Town website southoldtownny.gov or by contacting the Town Clerks office at 631 -765-1800 BY NOTICE OF THE TOWN BOARD 8/09/2022 DENIS NONCARROW SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEARBY given that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday,August 23, 2022, 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 property from Daniel Messina, as Contract Vendee Said property is identified as part of SCTM#1000-56.-1-1, SCTM#1000-55.-6-35 and part of SCTM #1000-55.-6-36. The address of the property is 705, 751 & 2425 Laurel Avenue, Southold. The property is located within the Low-Density Residential R-80 Zoning District. The proposed acquisition is for the Town of Southold to acquire fee title to 43.6± acres for open space preservation. The exact area of the purchase is subject to survey. The 43.6± acre parcel is part of a proposed 80/60 Clustered Conservation Subdivision before the Planning Board for a subdivision of 50± acres into eight (8) residential lots of approximately 35,000 sq. ft. each, and one 43.6± acre parcel. The purchase price for the 43.6± acre parcel is $1,250,000 (one million two hundred fifty thousand dollars) plus any acquisition costs associated with the purchase of this property. The purchase will be funded by the Town's Community Preservation Fund. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space preservation and the preservation of wetlands. The purpose of this acquisition is for open space, passive recreational purposes and wetland protection. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-7. Fifty- three point six (53.6) Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credit into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold,New York, and may be examined by any interested person during business hours. BY NOTICE OF THE TOWN BOARD 8/09/2022 DENIS NONCARROW SOUTHOLD TOWN CLERK STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Noncarrow,Town Clerk of the Town of Southold,New York being duly sworn, says that on the 10 flay of August , 2022, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York and the Southold Town website, www.southoldtownny.gov . PH 8-23 4:40pm Messina Purchase Denis Noncarrow Southold Town Clerk Sworn before me this 10 day of ust , 2022. Notary Public LYNDA M. RUDDER Notary Public, State of New York No.01 RU6020932 ,Qualified in Suffolk county commission Expires March 8, 20�