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HomeMy WebLinkAboutAliano, Nicholas & MargaretPUBLIC HEARING MAY 21, 2002 1:35 P.M. ON TI-rE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS OF ALIANO, SCTM # 1000-74-4-4.1, 4.2, 4.3, 4.4, 4.5 & 4.6 Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig D. Richter Cotmcihman Thomas H. Wiclcham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Absent: Councilman John M. Romanelli COUNCILMAN WICKHA_M: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets a public hearing at the Southold High School Auditorium, Oaldawn Avenue~ New York on the 21st day of May, 2002 at 1:35 p.m as the time and place for a public hearing for the purchase of development rights, of agricultural lands on the six (6) lots owned now or formally by Nicholas Aliano and Margaret Aliano at which time all interested persons will be heard.. Said property is identified as SCTM #1000-74-4-4.1, 4.2, 4:3, 4.4, 4.5 & 4.6. The properties are located on the south side of CR 48 in Peconic. The total develOpment rights easement on the six (6) lots comprises approximately 12.25 acres. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $400,000 (four hundred thousand dollars). The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value in addition to it's scenic value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Depamnent, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: May' 9, 2002 By order of the Southold Town Board of the Town of Southold, May 9, 2002. Elizabeth A. Neville, $~Bthold Town Clerlc © 2 © COUNCILMAN WICKHAM: I have here a notification that this notice appeared in the Town Clerk's bulletin board and also that it has appeared in the Suffolk Times newspaper. ~S ~I~i~ERVISOR HORTON: Would anybody like to address the Board on this public hearing? Mr. i~kabry, you approached the Board earlier. You have heard through each of these public heatings at ;~o end of the reading that it has been published at various places, at the Town Clerk's bulletin board ~:!in the newspapers. We are required to make notice to the public that a public hearing is being set so ;.yeti are properly nottfied and so you can actually be here to address the Board. JOHN SKABRY: Good Afternoon Supervisor. Good Afternoon Members of the Board. Thank-you 'foRgiving me;this opp0rmuity to speak to you. I am not a public speaker, it's not my forte and I had to d~e~e&up a lot of courage to get up here. This acquisition, nearly a half a million dollars of taxpayers money, could be much better spent on other areas~in the Town. I would like to elucidate. First of all, the, farmers and tarpayer~ and other taxpayers of tiffs Town need tax relief first before anything else· Tha~ piece o~.hjghway, that sub-division, one-third of it-that is 4~6 acres-has applied last year for a · ' It was granted at [ 1:30 at night in June of last year. Long after we were all in bed, tgri~'ness child development center on that land. That is going to be a day- m~grant and farm workers, whose income is close to slavery. year will be the income levels of the people who are g0'~m~g to bring their The c~.ter as explained to.n~ e at the Plannmg,B0ard he,d;last, we~k,~by ex- who is fl~e 'Real Estate Developer on the project, will 75 cl~ldren ahd 35 [sa ~ to 1. It wil~ be funded~ by a loan from th~ S ~t3te Of New Yorkto a sram ~ little bit of Euron to me. It will have 7,000 square feet, ~*is t ~0 people on 4.6 reason that we went to 2 acres, the way that I remember it, 36 years of living here, two was to protect the envirooment. I live aCross the street from tl~s development and up the and there. We will drink the sewa. ge from this. Tho County has stated in their report that they would recommend because ~f the nitrate level, on c water support the project. Who will support th~:public water on my property? acre sub-division and you are taking only 2/3 of it and mal~ug it agrieultumI only I have ~/~ked that groined on it. It borders on the Long Island Rail l~oad, ~t ~oorder~ on a highway ~ built for 65 miles per hour and on the oCer side o£it, it borders on . .property. That property was sub-divided a nUmber of years ago and ~here have been on i~ since it was sub-divided and never, ever built on. I offer m you tlmt it will never as long as itis there. There are a lot more places to build houses on than that~pruperty. I [ admit that it is a gorgeous piece of property. It's proximity to indns~rial property, the raikoad and high~ay makes it undesirable for residents. Right now i~ is resident-agr~ultural~zoned, loam, the finest there is in the world. It is a benchmark for theworld. I am in our open spaces in Southold Town. I think that you could make a choice Of As I said, it is 12 acres, 1/3 of it is zoned already~for a child-development. If the goes in, no one will build on that property adjacent to it because of it's institufion. We already have in this Town two day-care centers with plenty of There is plenty of room for these people. Each of those day, care centers allows people to in flue poverty level that we are talking about on a sliding ~cale of no payment at all. I able this purchase until the Planning Board roles o~ the. child-development center. of you when you see how the land is zoned around it. As I t the Zoning B~)ard of Appeals akeady has given them an approval and at the Planning Board final © h'~afing last week, the Chairman Ben Orlowski and I will quote" I don't know why they did that (he ~was speaking about the Zoning Board of Appeals approval of the use of the land as a child ~e~velopment center from agricultural residential) but we hav,e, to look at this as an approved use on the ~ite; that tells me that they are going ahead with the project. I've looked at the New York State, the ~-bfisiness, development cer~;r a~mual report there is nobody from Long Island on the Board of Directors, I don't know if anybody has an idea what happens downstate on Eastern Long Island. They ar~ all from the Batavia, Rochester area and the western part of New York State. The first time that they came to Eastern Long Island they chose two Kites in Riverhead. They were turned down by the 'Town Board in Riverhead twice to build this child development center. I had the pleasure of speaking to Reverend Coverdale at the Baptist Church on Northville Turnpike, we all go past it in Riverhead at length thc,day, before yesterday. He explained to me that they were offered the use in conjunction with the chprch for a day-care center tha~ they wanted to build in back of the Church and Ixe doesn?t know WhY they ~daJt accept tha~ offe~ 'I don't have an~..h~ing further to say ~b0u~ this~ ! do have qni~e a bit ~o say,as a~mer o?act I ~ha:?~ a fotder full of items on it, from the Governor's webs/,te the Governor tillhounc~d I!ii.~ Facilely ~or clfildrcnof farm workers and rials is the anng~ ,e~r[~eg~t that he made, th~ o~ae m Ilion m)lhu' no inicrcs~ loan .to Grace's Place, which is the spin nam;e, ofthe developmem center.. I h,q( ¢ thc p[¢asm'c el coanscling several of,the students ~ are irt this b6dF, as ~ merit badge counselor [bt thc thrL'¢ citi/cnsliip badues for Boy Scouls. I leave been doingtha~ for 22 years, Lately, I as~d ~Wh~*'~?d6. tr~y:[~ of ¢~vemment. !-am urth~py to say that'the~ WOrd corrupt is the first ~d ~i~y say. ~¢~have to ~oj~et an~ image, especially as leaders, of no- not even being close to ~M~ ~}is the g~.Izemment;~t I~fo~tght for, the govemment that I lo~m and I don't like to hear-that '[t,~bethe ~s,~and the press, I don't know what it ~s. But I am very, very pleased .t~'~ee ~ T0~ 'B~ ha~' ~a meeting in from of my ~tudents. } thank-you very much for th/s to aadres you. ALICE HUSSIE: Alice Hussie. Is this 16 acres or 12 acres? You are talking about buying 12 acres, isr~'t the whole parcel 167 Or what is the situation. SUPERVISOR HORTON: We will let Melissa Spire answer the question in regard to that specific. ~LISSA SPIRO: There are 8 lots in the approved subdivision, this is 6 of the 8 lots. The other 2 lots af~ Grace's Place. ~ICE HUSSIE: Cra the eastern part of it? ~LISSA SPIRO: Yes, right next to the gas station and North Fork Wood Works. ALICE HUSSIE: Okay. I think that this is a bad ide& The State and many, many planning experts say that any town should heed its Master Plan. And our Master Plan talks about developing housing within half a mile of the Post Offices. This property is definitely within half a mile of the Peconic Post Office. The Board made a mistake in my opinion buying 8 acres on Hortons Lane which was also just north of the railroad there. That's another piece of property, 8 acres which could very well have been used for housing and it is close to the center of Town. Within walking distance of all the necessary things that people need to have. This is also in the same situation. I think that for $400,000 we ought to; as Mr. Skabry says, you can certainly spend your money more wisely than this. I know that this has be~n in the hopper for a long time but think about it. The Master Plan says concentrate close to the © 4 © ~ing, Mr. Aliano was not a farmer, he is a developer from Wading River or somewhere. He is not ~alming it. It hasn't been farmed in a long time except for having some sod on it for a little while. I ~sh that you would reconsider this. As far as I guess and not talking about the Graee's Place thing, I don't think that that should have to be happening h~re. I don't th/nk that it should be happening, for a specified group of people if everybody is going to pay for it. Thanks. SUPERVISOR HORTON: wound anybody else care to address the Town Board on this public hearing? ~0UNCILMAN WICIGtAM: Tom Wicklmm is my name. I am a mv~mber of the Town Board and I ~;atso the liaison f~om ihe Town Board to the Land Pres~vation Committee of the Town~ It is that '~ittee 'Which recommends various purchases to the Town and I am not going to make a strong ~ment in support of this purchase bm I would like to reflect for the record why the Land Preservation Committee brought it to the Board for a d~cision from us. There are basically two r~ons for it. The first reason is the importance of saving agricultural land in this town. As many of ~ know agricuntural Iand~is slowly being eat~n up and there is less of it each year. And ttfis par~cel is ~,~ ohg'agriculing~' l~and, it has b~~n farmed for many, many years. The second reason is ,because it is ~t alogg Route 48 ~aBc[I opens up a scenic view by people who are driving along on Route 48, you Ci~ld~ look out to the side and you are not being obstructed by a strip mall or* houses or even by ~e~ardSi: It is just an101~e~n fled' And while the field doesn't go very far back, it only goes as fa/: as th~ i~ilway, the view Of the Committee was that that was worth sa~/ing. The appearance, the rural chara~ter of the Town is tied up ~ot only in agriculture butin the sceni? views tl~. t, are afforded in this T°wn. So for those/'ea~ons the ;Land Preserva~0n Committee has recommended tt and it has gone to pablie hear~g and that fs ~vhat we are h~re for today. SUPERVISOR HORTON: Thank-you, Tom. Wound any other members of the Town Board care to ~ess this public hearkng? T~,.~ CAULFIELD: Good Afternoon, my name is Tim Caulfleld, I am Vice-President of Pecordc Land T~t. Thank-you for hearing me today. I just wanted to speak in support of the acquisition it is 12.25 a¢i~s. The State 1aw, the State Ag and Markets defines a viable agricuntural parcel as a parcel that is !0~aeres Or more. As Tom says, it is right on the scenic highway. The Town has done a number of gt~dies to recommend Ways of preserving our rural heritage, our scenic vistas and this is one of those i~r¢pe~rfies that can ~learly contribute to maintaining our rural heritage and importantly the sc~mc vistas fr6)n Route 48. There is a well on the property, there is a nice barn on the property so that it lends itself wel! to being an agricunutral operation that will succeed and we do have private support to help acquire the property. And any time that we have private support lending its support to the government, m local g0v&mment to help preserve some of these properties we certainly think that that's a good idea to work partnerships with private public acquisitions. So again, itis 12.25 acres whateveris happening with the 'Grace's Place, that is a separate issue and while we appreciate the concerns that ma.v be raised ou~that issue this msue of preserving a viable agricultural parcel we view as separate and sometlfing fft~ would be really a good acquisition for the Town. So agam, we support it. Thank-you for your COUNCILMAN MOORE: Can you elaborate on that private side of the equation, I am not familiar W~t}h that? C 5 © TIM CAULFIELD: Sure, weli what we have is..we call them conservation investors. There are people in Town who very strongly support conservation and are working pro-actively to help us take some land that could be otherwise put to development uses and bring that land back into productive la,cultural use. The people wh9 are involved in this acquisition are willing to purchase the restricted f~land so that the Town, if tt/ey purchase the development fights, they can purchase the restricted :~land and then work with th~ Trust and the Town m get that land back into productive agricultural ~ So tt m a way of u'ahzmg some private sector capital to really reverse the development process. ~d while we have nothing agai~nst development in appropriate areas, in certm_n areas we have a good :O~ortuni¢ to put the farm unit Lek together we very strongly recommend that we proceed on those. CILMAN MOORE: One~ last question, I am assuming that yon di.dn't have a willing seller to i~iUde, the ~mal four acres on Which the.other facility is located to make it a whole package of 16 or 1Tacres? TIM CAULFIELD: We never got involved in the process until after those two lots were sold. So Gr~ce's Place was purchased and then there were 6 lots and we were concerned that those 6 lots once the market was set for the value was set for those fncst two lots that -chose lots would get developed at some point in time and that is when we pro-actively reached out to try to acquire it. COUNCILMAN MOORE: And the timetable in which you must act is quickly or can we, do we have ~e opportunity to chew on th~s one. TIM CAULFIELD: We do have a tnnetable. The land-owner is hoping, is really requesting at this .15~b'~nt a July closing. We do have our end of the acquisition together. We have the support for the k~uisition of the restricted farmland so that we would be requesting that the Town Board make the de~gision as soon as possible. IVI~LISSA SPIRO: I don't want to repeat evewthing that was said in support of the project but I do repeat all of that. I would also like to add that as you can see on the map that this property is in the vicinity of some protected lan& The green on that parcel is land that is already, the developing rights are already owned by the Town or the County. The blue in the upper right hand comer is Town owned park land. It is the Cochran and Tasker Park. So it is in the vicirfity of already protected land for f ~mTnland purposes. And also the parcel, actually all eight parcels in that sub-division but the six that w~are talking about are on our Community Preservation list which will allow us to use the 2% funding to purchase this property. Thanks. ~ERVISOK HORTON: Thanks, Melissa. Would anybody else like to address the Town Board on fl~'~ particular issue? :~C~AN EGAN: Yes, I think what you are all...(tape change)..abont acquiring land and getting it out of pii~ate hands always leads me to wonder who will eventually get the land. This is why I oppose the ~ssue down m East Marion where Southold Town wants to lease the land. I think that it ~s a very, very, ?.t~rY serious issue. [ think that the gentleman that spoke brought up a lot of facts. There are a lot of Ot~er things that are important that is Route 48. That is a state road and you have to do, right Mr. Y//kaboski, you have to be very careful what you do on Town roads and State roads. They are BaSically different. So I think that it is, and I do no~ go along with the idea that people go along that C 6 © }~a looking how pretty we are anyhow because they never even stay within the speed limit of 55 miles hour And at 55 miles per hour in traffic and most of them are going out to the ferry, they don t .e~z?, look or care. So I think that you have to put the whole situation into very, very careful care. ~n t yo~ all agree with me? ~S~ERVISOR HORTON: Thank-you, Joan. Would anybody else care to address the Town Board on pub1lc hearing? We will close this public hearing and continue on with the printed agenda and the ~ting of the resolutions. El~abeth A. Neville t. Southold Town Clerk STATE OF NEW YoF~K) )SS: ~ O~, SUFFQLK) ~ county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLKTIMES, a ~ekly newspaper, pub- lished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly pub- lished in said Newspaper once each week for / weeks successively,, commencing on the /I,'(~ day of /'~,~' 20~, Sworn to before mo this /~ ~ LAURA E. BONDARCHUK Notary Public, State of NewYork No 01 B06067958 Qualified in Suffolk Cotmty ~-- My Commission Expires Dec, 24, 20~ LEGAL NOTICE NOTICE OF PUBLIC HEAR12NG NOTICE IS HEREBY GIVEN that pursuant to thc pmv~sions of Chapter 25 and/or' Chapter 6 (2% Community Preservation Fund) o£the Town, Code, the Town Board of the Town of Southold hereby sets a public hearing at the Sou~hold High School Auditorium,-Oaldawa Avenue, New York on the 21st ~ of May, 2002 at 1:35 p.m as the time and place for a public hearing for the purchase o£ rtevetopmem rights of agriculmrat lands o~.the six. (6) Lots owned now or formally: by Nicholas Aliano and Margaret Alian* at which time all interested persons will be heard.. Said property is identified as SCTM #1000-74-4-4.1, 4.2, 4.3, 4.4, 4.5 & 4.6. The properties are located on the south side of CR 48 in Peconic. The total development fights easement on the Six (6) lots comprises approximately 12.25 acres. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase puce is $400,000 [four huJadred thousand dollars). The property is listed on the Town's Community Preservation Project Plan as property that should be preserved du~ to its agricultural value in addition to it's scenic value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Deparmaent, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: May 9, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE ) SS: COUNTY OF SDFFOLK) ELIZABETH A. NEVILLE, Tow-n Clerk of the Town of Southold, New York being dulyswom, says that on the q~q/ dayof f'Y'lo~ ,2002, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most. pubtic place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING FOR MAY 21, 2002: Aliano property · flizabeth A. Nevill~ Southold Town Clerk Sworn before me this LYNDA M. BOHN NOTARY PUBLIC. Slate of New York No 01BO6027.932 Qualified in Suffolk County Term E,(pires March a~ 20 ~ ELIZABETH A. NEVILLE TOWN CLEI~ REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICEt{ RECORDS ~fJANAGEiM~ENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (631) 765-6145 Telephone (631~ 765-1800 sourholdtown.northforkmet OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FOLI OWING RESOLUTION NO. 310 OF 2002 FHE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Pres..err?on Fund) of the Town Code, the Town Board of the Town o~f Southold hereby sets a public hearing at ~he S0uthold High School Auditorium, Oaldawn Avenue, New York on O~e 21st day of May, 2002 at 1:35 p.m as the time and place for a public heating for the purchase of developmem rights of agricultural lands on the six (6) lots owned now or formally by Nicholas Alian(~ and Margaret Aliano. Said property is identified as SCTM # 1000-74-44.1, 4.2, 4.3, 4.4, 4.5 & 4.6. The properties are located on the south side of CR 48 in Peeonic. The total development fights easement on the six (6) lots comprises approximately 12.25 acres. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to ~e Land Preservation Committee, prior to the contract closing. The purchase price/s $400,000 (four hundred thousand dollars). The property ~ [/sted 9n the Town's Community Preservation Project Plan as property that sh(mld be preserved due to its agricultural value in addition to it's scen/c value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcet of Land is on file in Land Preservation Department, Southold Town Hall, Feather Hill .~mnex, Southold, New York~ and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk