Loading...
HomeMy WebLinkAboutLL 2005 #05 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 1631) 765-6145 Telephone t631) 765-1800 sour holdtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 220 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APIRL 12, 2005: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of March, 2005 a Local Law entitled "A Local Law in relation to Updating the Community Preservation Proiect Plan" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given the opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. ~ 2005 A Local Laxv entitled, "A Local Law in relation to Updating the Community Preservation Proiect Plan". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following thirteen (13) properties listed in the attached Exhibit, totaling approximately 10.43 acres, are proposed to be added to the existing January 2003 List of Eligible Parcels included in the Community Preservation Project Plan. These properties are located in the Great Pond Wetland and Dune Area, situated north of Lake Drive, and in the vicinity of Lake Drive in Southold, and are comprised of a wetland and dune system dominated by ecological communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP) and the maritime fi'eshwater interdunal swale commun/ty is currently listed as globally rare. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, the preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 6 of the Code of the Town of Southold is hereby amended as follows: § 6-50. Community Preservation Project Plan adopted. [Amended 2-4-2003 by L.L. No. 2-2003] A. For the reasons set forth in §6-45 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town's Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. ~ ~,~ .... ,~ ~ ~r,~ ..,:.~ .... ,~.,~,~ r: ...... ,:.,~ c ....... d..~ ~.., ,.r ..... The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated March 2005 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be revised as of Mamh 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary o£State as provided by law. Properties within Great Pond Wetland and Dune Area to be added to Community Preservation Project Plan January 2003 List of Eligible Parcels SCTM # Acreage Classification Code 1000-59.-1-18 0.48 ABCDGI 1000-59.- 1-20.1 0.72 ABCDGI 1000-59.- 1-21.1 l. 13 ABCDGI 1000-59.-1-21.2 0.93 ABCDGI 1000-59.- 1-2 1.3 0.99 ABCDGI 1000-59.- 1-21.4 0.94 ABCDGI 1000-59.-1-21.6 0.95 ABCDGI 1000-59.-1-21.7 0.97 ABCDGI 1000-59.- 1-21.8 1.37 ABCDGI 1000-59.-1-25 0.39 ABCDGI 1000-59.-5-2.1 0.57 ABCDGI 1000-59.-5-2.3 0.33 ABCDGI 1000-59.-5-27 0.66 ABCDGI TOTAL 10.43 Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTR.M~ OF VIT.M~ STATISTICS MARRIAGE OFFICER RECORDS/'vL~NAGEMENT 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 southoldt own.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 210 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 12, 2005: WHEREAS, thc proposed "Local Law in Relation to Updating the Community Preservation Project Plan" proposes to add thirteen (13) properties, totaling approximately 10.43 acres, to thc existing January 2003 List of Eligible Parcels included in the Community Preservation Project Plan; and WHEREAS, the updated Community Preservation Project Plan is intended to allow the Town to continue to protect and preserve the community character, natural resources, scenic vistas and historic places, and thus the update to the Community Preservation Project Plan is expected to result in a beneficial, rather than adverse environmental impact; and WHEREAS, the proposed Local Law will result in an overall net environmental benefit given the need to protect and enhance the ecological and natural resources, open space, groundwater resources, scenic vistas and historic places of the Town for the benefit of all residents; and WHEREAS, the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and WHEREAS, the Short Environmental Assessment Form prepared for this project is accepted and attached hereto; be it therefore RESOLVED that the proposed "Local Law in Relation to Updating the Community Preservation Project Plan" is classified as an Unlisted action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. seq.; and be it further RESOLVED that the Town Board of the Town of Southold as lead agenc¥~ has conducted au uncoordinated review~ and hereby finds no significant impact on the environment and adopts a negative declaration pursuant to SEQRA Rules and Regulations for this proposed Local Law. Elizabeth A. Neville Southold Town Clerk I. Purl~se- The follow- ing th'_~'teen ('I3) properties list- ed in tbe aHacbedEzhibit, total- ing approximately 10.43 acres, are proposed to be ~l,ted to the existing January 2003 List of Eligible Parcels included in the Community Preservation Pro_~t PL. 'll~ec properties are located in tl~' C~eat Pond Wetland and Dune Area, Situated north of Lake Drive, and in the v/cinity of Lake Drive in Southold, and are coa¥,~Lntd ora wetland and ,dune system dominated by eco- topical communities classified as maritime dunes and mar- itime, freshwater interdunal NOTICE IS HEREBY swales. Both of these commu- GIVEN THAT them has been nity types are listed as rare in presented to the Town Board of New York by the New York the Town of Southold, Suffolk Natural Heritage Prol~.am County, New York, on the 29th ' (NYNHP) and the maritime day of March, 2005 a Local freshwater interdunal swale Law entitled ~ community is currently listed relation to Undatin~ the as globa!ly rare. The preserva- CommUnity Preservation tion ana protection of these l~l$1~g, llli, and." properties falls under multiple NO~'ICE IS HEREBY Eurposes of the Commumty F1L1R'I:IIgR GIVEN that the Ft~-rvation Project Plan, Town Board of the Town Of inchiding, .but not li~nR~t to, 5~9ou.thold will hold a. public the presorvetion and protection eanng .on tl~ aforesaid Locat of open spa~es und scenic val- .at ~ Son~ho~ Id Town Hall, ues, prot~tion of wetlands, = main Road, ~qunthokl, ~.~..'onofsignificanthiolog. .New..Yo_ _fl~. on the 12'~ day.,,f. 'lc al diversity and protection of wnlcl~ tune aH m~ per- cm areas. sons will be given an opportu- IlL _Chapter 6 of the Code nity to be heaixL of the Towfi of Soathold is - ~ proposed Local Law hereby axneaded a~ follows: antitl~l," - ~ §i 6-50. , Community flon to IJtuln~ rre~rvation Pi~ojeet Plan _l~l~ffil[Li~" reads as' follows: . . . L.Lg][~,;&/i~-~.Uk~~~.~w~~ A, For the reasons set forth in §645 hereof, the Town · Board of the Town of Southold Undafln~ the COn~mnnif~' 'hereby approves and adopts the Town BOm'd of the Town of , . lanning Department, Southold as follows: ' - me '.cand PreServation Committee, the peconic Land Trust' aad Central Data Processing and presentad to the Town Boaxd on August 4, 1998, .fi0n. of. thc TownBoard nmet- consumg, the Soufl~ld ~ pr~SerVagon ,Proj~e?~Pl~n which is requh'ad .b~v §64-e of the New York ~ ~ and Article I of i cC~. ' 6 of the 8o~thold Town B. The Town Board of the Town of Southold hereby ?PPmves nnd adopts 'the Junuary 2003 update to the Commim~ ' Preservation Properties within Great Pond Wetland and Dune Area to be ad .d?d to Comnmnity Preservation Project Plan January 2003 List of Eh jble Parcels . 8CTM# 1000-59.-I -18 1000-59.-1-20. I 1000-$9.-1-21.1 1000-$9.-1-21.2 1000-59i-l.21.3 t000-59.- 1-2L4 ' 1000-$9.-1-21.7 1000-$9.-I-21 .g 1000.59.- 1-25 0.48 0.72 1.13 0.93 0.94 O.9'3 0.97 1.37, 0.39 O,57 1000=59C5-2.3 0.33 1000-~.s-~. o.~ · ~n'nt - Project Plan prepared by the Lin. d .P~servatinn Dop,a~mamt anti Cenlral Data Proco~sing Department and la~Seatecl to the Town Boardon January 21, 2003, during the Work S~siun portion of the Town Board -'c=~ '_='_-=:_'"'='__= :.~=~.:;-.~) List of Eligibl~P~'cels shall be _re~leced by the :January 2003 List of Eligible Pareels present- ed to the Town Board ~n'ine the January 21, 2003, Worl~ ABCIX;I A.BODGI ~ AI~-"D~ ABCDOI ABCDGI as ado0ted in 1998. with an undnte, d March 2005 E~t~-,,tlve Summary and. utwlnt~d ~ ~at, es. The January 2003 List ~f-Elit, ibte Parcels shall revisedas of Mm~ 29. 2005 ~O include the identified Pond Weflnnd lind Dnne Ares HI. SEVERABILITY If any clause, sentence, para- ~paph, section, or part of this Local Law shah be adjudged by any court of com .p~e~. t juris- diction to be invahd, the judg- ment shall not affect the validi- ty of this Law as a whole or any part thereof other ~un the part so decided to, be unconstitu~un- al c~ invalid. IV. EFFECTIVE DATE This Local Law shah take effect immediately upon filing With the Secretary of State as Prated:Vialed by law. March 29, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk .1X 4/7/05 ((~3) 'NOT! GIVEN present~ · e To~ Count~, day of Town 1 Southol hearing Law at t 53095 New ,~ sons wi, entitled Town I Southol I. lng app ~ .xi.'stmlt ~ligibl~ Commu in II~'G Dun~^ are cornI logi~aS~5 itime - f '~outhotd w~ hold a' pub~ :Law at the!~.Town ] ~ 53095 A ~,o~al Local Law in I Town Board' of Soul, old, as follows: * ~ o, radio . I. Parpa~- .Toclarify and ' establisl/ clear ~1~.. ,~.- cent Io the baikting, befo~ etning t~e maxin~n bu~ahig a~.t~a~on o~ nh, ~_= c. . ~il~ ' aelear ~~ Building", oreat~ a~ .l~lrate ~num b,~/!dh, s height f~ the ~,aate a height limit of tweaty- .~ight fee~ oa ~ with a width sevemy (70) feet or less. ' Additionally, this law ina'g-' COLrNTY OF SUFFOLK STATE OF NEW YORK ss: Jacqueline M. Dubr, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Watctlman once each week for...~~ ........ week(s) _~/ successively, co~n~encSf~g on the .... I ........... day of ....v.qt. la.<~ ......... , ......... ,2005. ..... 21LL.:. ................. S~om 'tO before me this."~. ......day of 2005. Emily Hamill NOTARY PUBLIC, State of New York No. 01 HA5059984 Qualified in Suffolk County Commission expires May 06, 2006 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF X, qTAL STATIST[CS MARRI~\GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax t6311 765-6145 Telephone (63D 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 170 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 29, 2005: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of March, 2005 a Local La~v entitled "A Local Law in relation to Uodatin~ the Community Preservation Proiect Plan" now, therefore, be it RESOLVED that the To~vn Board of the Town of Southold xvill hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 12th day of April, 2005 at 8:10 p.m. at xvhich time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Updating the Community Preservation Proiect Plan" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Updating the Community Preservation Proiect Plan". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following thirteen (13) properties listed in the attached Exhibit, totaling approximately 10.43 acres, are proposed to be added to the existing January 2003 List of Eligible Parcels included in the Community Presentation Project Plan. These properties are located in the Great Pond Wetland and Dune Area, situated north of Lake Drive, and in the vicinity of Lake Drive in Southold, and are comprised of a wetland and dune system dominated by ecological communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP) and the maritime freshwater interdtmal sxvale community is currently listed as globally rare. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, the preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 6 of the Code of the Iown of Southold is hereby amended as follows: § 6-50. Community Preservation Project Plan adopted. [Amended 2-4-2003 by L.L. No. 2-2003] A. For the reasons set forth in §6-45 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town's Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. B. The Town Board of the Toxvn of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. ..~^~,~.~ :. ~rmQ ...;.~. ..... .~.+~.~ c ...... ,:..~ e ......... '~ "~'~"*~'~ ........... The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dtme Area in Southold to the List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated March 2005 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by laxv. Properties within Great Pond Wetland and Dune Area to be added to Community Preservation Project Plan January 2003 List of Eligible Parcels SCTM # Acreage Classification Code 1000-59.-l-18 0.48 ABCDGI 1000-59.- 1-20.1 0.72 ABCDGI 1000-59.- 1-21.1 1.13 ABCDGI 1000-59.- 1-21.2 0.93 ABCDGI 1000-59.- 1-21.3 0.99 ABCDGI 1000-59.- 1-21.4 0.94 ABCDGI 1000-59.- 1-21.6 0.95 ABCDGI 1000-59.- 1-21.7 0.97 ABCDGI 1000-59.-1-21.8 1.37 ABCDGI 1000-59.-1-25 0.39 ABCDGI 1000-59.-5-2.1 0.57 ABCDGI 1000-59.-5-2.3 0.33 ABCDGI 1000-59.-5-27 0.66 ABCDGI TOTAL 10.43 Elizabeth A. Neville Southold Town Clerk NOTI( of the '1 a Local Preser' :E IS HEREBY GIVEN THAT there has been presented to the Toxvn Board own of Southold, Suffolk County, New York, on the 29th day of March, 2005 Law entitled "A Local Law in relation to Updating the Community ,ation Proiect Plan" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Toxvn of Southold xvill hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 12th day of April, 2005 at 8:10 p.m. at xvhich time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Updatin~ the Community Preservation Project Plan" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Updating the Community Preservation Proieet Plan", BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following thirteen (13) properties listed in the attached Exhibit, totaling approximately 10.43 acres, are proposed to be added to the existing January 2003 List of Eligible Parcels included in the Community Preservation Project Plan. These properties are located in the Great Pond Wetland and Dune Area, situated north of Lake Drive, and in the vicinity of Lake Drive in Southold, and are comprised of a wetland and dune system dominated by ecological communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP) and the maritime freshwater interdunal swale community is currently listed as globally rare. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, the preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 6 of the Code of the Toxvn of Southold is hereby amended as follows: § 6-50. Community Preservation Project Plan adopted. [Amended 2-4-2003 by L.L. No. 2-2003] A. For the reasons set forth in §6-45 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town's Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Toxvn Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan xvhich is required by §64-e of the New York Town Laxv and Article I of Chapter 6 of the Southold Toxvn Code. B. The Town Board of the Toxvn of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion fth T B d ti g q'~' ....... c,~-~n-~ .... .~..,,~.~'r ..... o~:- ~n~o ......... j, ~.~ ,.~, .......... v~s~... The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January. 21, 2003, Work Session, C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated March 2005 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Laxv shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary o£ State as provided by laxv. Properties within Great Pond Wetland and Dune Area to be added to Community Preservation Project Plan January 2003 List of Eligible Parcels SCTM Acreage Classification # Code 1000-59.- 1 - 18 0.48 ABCDGI 1000-59.- 1-20.1 0.72 ABCDGI 1000-59.- 1-21.1 1.13 ABCDGI 1000-59.-1-21.2 0.93 ABCDGI 1000-59.-1-21.3 0.99 ABCDGI 1000-59.-1-21.4 0.94 ABCDGI 1000-59.-1-21.6 0.95 ABCDGI 1000-59.- 1-21.7 0.97 ABCDGI 1000-59.-1-21.8 1.37 ABCDGI 1000-59.-1-25 0.39 ABCDGI 1000-59.-5-2.1 0.57 ABCDGI 1000-59.-5-2.3 0.33 ABCDGI 1000-59.-5-27 0.66 ABCDGI TOTAL 10.43 I Dated: March 29, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON APRIL 7, 2005, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler Watchman Planning Building Land Preservation Town Clerk's Bulletin Board Town Board Members Town Attorney Zoning Board of Appeals Data Processing STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the day of ,2005, she affixed a notice of which the annexed printed notice is a true cop)', 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. Public Hearing: April 12, 2005, 8:10 pm Southotd Town Clerk Sv~om beforej;n~t.hi_s , ~ [0 .day oft~l~[~M_J.~ , 2005. "~ N~ary Public LYNDA Mm ROHN NOTARY PUBLIC, State of New York No. 01 BO6020932 Qua{ified in Suffolk Count3~ Term Expires March 8, 20 ~1 STATE Of NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY I 2:~3 I -000 I GEORGe E. PATAKI June 16, 2005 RANDY A. DANIELS RECEIVED Elizabeth A Neville Southold Town Clerk Town Ha11,53095 Main Road PO Box1179 Southold NY 11971 JUN 2 1 2005 Southold Town Clerk RE: Town of Southold, Local Law 6 & 7, 2005, filed on June 10, 2005 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 LL:cb STATE OF NEW YORK DEPARTI~ENT OF STATE 4 I STATE STREET ALBANY, NY 1223 I -000 I RECEIVED MAY 1 1 200§ Southold Town Clerk GEORGE E PATAKI May 6,2005 F~AND¥ A. DANIELS Elizabeth A Neville Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RE: Town of Southold, Local Law 5, 2005, filed on April 25, 2005 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 LL:cb NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 4, STATE ST ET, ALBANY, NY '223, (Use this form to f'de a local la~v with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of SOUTHOLD LOCAL LAW NO. 5 2005 A Local Law entitled, "A Local Law in relation to Updating the Community Preservation Proiect Plan". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following thirteen (13) properties listed in the attached Exhibit, totaling approximately 10.43 acres, are proposed to be added to the existing January 2003 List of Eligible Parcels included in the Community Preservation Project Plan. These properties are located in the Great Pond Wetland and Dtme Area, situated north of Lake Drive, and in the vicinity of Lake Drive in Southold, and are comprised of a wetland and dune system dominated by ecological communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP) and the maritime freshwater interdunal swale community is currently listed as globally rare. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, the preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 6 of the Code of the Town of Southold is hereby amended as follows: § 6-50. Community Prcservation Project Plan adopted. [Amended 2-4-2003 by L.L. No. 2-2003] A. For the reasons set forth in §6-45 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town's Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the To~vn Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the Ne~v York Town Law and Article I of Chapter 6 of the Southold Toxvn Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev. I I.'99) of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Pamels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated March 2005 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. III. SEVER_ABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 2 (Complete the certificall~a in the paragraph that applies to the fffilig of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 5 of 20 05 of thc (Czx:..~')(C!~')(Town) (~.ri~J. zgz) of SOUTHOLD was duly passed by the TOWN BOARD on April 12 ~ 20 05 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Town)(Village) of was duly passed by the on 20 ., and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was ~ed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village). of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 3 (City'local law concerning Chart~evision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 became operative. 6. (County local law concerning adoption of Charter.) i hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 ., pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. C-'~eerk of l~Cb~nty le~islatl've body~ity~Town ~r~Tillage Clerk or officer designated by local [egislanve body Elizabeth A. Neville, Town Clerk (Seal) Date: April 19, 2005 (Certification to be executed by County. Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local la~/ontains the correct text and that all proper proceedings have been had or taken for the enactment of the local lawS~~ ~igna_tu~_e __ '[ tX I ~Patricia A. Finnega~,_l~_ q.~ T~wn Attorney Title - ~ Town of SOUTHOLD Date: April 19, 2005 SOUTHOLD TOWN BOARD PUBLIC HEARING April 12, 2005 8:10 P.M. HEARING ON "A LOCAL LAW IN RELATION TO UPDATING THE COMMUNITY PRESERVATION PLAN." Present: Superx, isor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councihnan Thomas H. Wic ~kham Councilman Daniel C. Ross Councilman William P. Edwards Toxvn Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICK_HAM: NOTICE IS HEREBY GIVEN THAT there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of March, 2005 a Local Law entitled "A Local Law in relation to Updating the Community Preservation Proiect Plan" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 12th day of April, 2005 at 8:10 p.m. at which time all interested persons will be given an oppommity to be heard. The proposed Local Law entitled, "A Local Law in relation to Updating the Community Preservation Proiect Plan" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local La;v in relation to Updating the Community Preservation Proiect Plan". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following thirteen (13) properties listed in the attached Exhibit, totaling approxitnately 10.43 acres, are proposed to be added to the existing January 2003 List of Eligible Parcels included in the Community Preservation Project Plan. These properties are located in the Great Pond Wetland and Dune Area, situated north of Lake Drive, and in the vicinity of Lake Drive in Southold, and are comprised of a wetland and dune system dominated by ecological communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP) and the maritime freshwater interdunal swale community is currently listed as globally rare. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, the preservation and protection of open spaces and scenic values, protection of April 12, 2005 2 Public Hearing-Updating Community Prese~,ation Plan ~vetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 6 of the Code of the Town of Southold is hereby amended as folloxvs: § 6-50. Community Preservation Project Plan adopted. [Amended 2-4-2003 by L.L. No. 2-2003l A. For the reasons set forth in §6-45 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town's Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Tmvn Code. B. The Town Board of the Tmvn of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. T~e of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Proiect Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 {Plan dated July 1998} shall remain as adopted in 1998~ with an updated March 2005 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be revised as of March 29~ 2005 to include the identified Great Pond Wetland and Dune Area Parcels. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Properties within Great Pond Wetland and Dune Area to be added to Community Preservation Project Plan January 2003 List of Eligible Parcels SCTM# Acreage Classification Code I 1000-59.- 1-18 0.48 ABCDG[ 1000-59.-1-20. I 0.72 ABCDGI 1000-59.-l-21.1 1.13 ABCDGI 1000-59.- 1-2 ! .2 0.93 ABCDGI 1000-59.- 1-21.3 0.99 ABCDGI ! 000-59.- 1-21.4 0.94 ABCDGI 1000-59.- 1-21.6 0.95 ABCDGI 1000-59.-1-21.7 I 0.97 [ ABCDGI April 12, 2005 3 Public Heating-Updating Community Preservation Plan 1000-59.-1-21.8 1.37 ABCDGI 1000-59.- 1-25 0.39 ABCDGI 1000-59.-5-2.1 0.57 ABCDGI 1000-59.-5-2.3 0.33 ABCDGI 1000-59.-5-27 0.66 ABCDGI TOTAL 10.43 COUNCILMAN WICKHAM: And that is basically the proposed law. I have, it has appeared as a legal in the local newspapers and it has been posted on the Town Clerk's bulletin board outside in the hall here. I have a memorandum from Jerilyn B. Woodhouse, Chair of the Town Planning Board, dated April 12th. "The purpose of the proposed legislation is to update the Cormnunity Preservation Plan by adding 13 new properties to the listing of properties noted on the map. The enabling legislation for this Community Preservation Plan requires a municipality to designate properties it wishes to acquire on a map. Monies can only be used towards the purchase of properties noted on the map. The thirteen parcels noted in the attached legislation encompass a little over ten acres of land and are located within an ecologically unique area around Great Pond in Southold. The Town has the opportunity to acquire these properties, thereby protecting the ecological integrity of these rare xvetland and dune systems. We strongly support the addition of these parcels and would recommend in favor of updating the Plan as proposed in this legislation." 7[ also have an executive summary prepared by Melissa Spiro, Land Preservation Coordinator, it is rather lengthy and I don't want to read the whole thing but there is one paragraph that I think is particularly relevant, it is called 'Review and Adoption of the March 29' 2005 update.' "In March 2005, thirteen properties totaling about 10.4 acres wem added to the existing list of eligible parcels. The 2003 list of eligible parcels has not been changed in any other way." I don't believe I have anything further in this file. SUPERVISOR HORTON: Thank you. Councilman Wickham. To put it in plain terms, laypersons terms, before you start, Melissa. You are all familiar ~vith the 2% Fund, the 2% real estate transfer tax. The law states that in order for the town to use those monies to purchase a piece of property, that piece of property has to be on a Town Board approved list and that list has to be approved by local law. This is an effort tonight to amend that map or that list to include these properties because the Town Board feels very strongly that these properties should be on that list because of the expansive open space, its abutment to an existing county park and the ecological uniqueness of those properties. That is what this hearing is about and I turn it over to you, Melissa. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Thank you. After all that, i don't think I need to say all that much but I will anyway. I am sorry if I am repeating some of the information. Basically, I just do want to point out that when a pamel is listed on the list of eligible parcels, that it doesn't obligate the landowner or the town from really proceeding, it is just really a wish list that is on our Community Preservation list. All of our preservation programs are voluntary and that means that the landowner has to want to sell his or her property and if the landowner xvants to sell the property for preservation purposes, if it is on the list it allows the Town to use the money. If it is not on the list, we can't use the 2% money for that purchase. We updated the list of eligible pamels in 2003, the 2003 update xvas a major update, it added over 160 parcels totaling over 600 acres to the existing list, which we adopted in 1998. As was mentioned before, tonight's heating really is a mom specific update. It is an update just to update 13 pamels to that list, to add 13 pamels to that list that are about 10.43 acres. All 13 of the parcels are in the Gmat Pond area in Southold, they are shown on April 12, 2005 4 Public Hearing-Updating Community Preservation Plan the map, I had a request to go up and point out where they are so I will. For those of you who can see the map, they are outlined in red, they am over here. This is the Peconic Dunes camp and Kenneys Beach over here. This is Lake Drive and there are 13 parcels, three of them are over here, one fi-onts on Great Pond and the rest are just basically all in here except for one, there is one vacant parcel over here and we added that to the list also. We sent letters to the 13 property oxvners, advising them of tonight's hearing, so they have all been made aware that they are on this update and the next public hearing that we are going to go into tonight is in regard to preservation of a specific parcel within this area. I would also like to note that Suffolk County is also pursuing preservation within this area, they passed a resolution last week to start the preservation process, so they will be doing some mttreach and coordination among the landowners there to see if there are any landowners who wish to preserve their land. Let's see, I guess that is it. I will just wrap it up. Basically the 13 properties, as everyone in the room I believe knows, they are really worth of preservation and both the Land Preservation Committee and I support the Town Board proceeding with adding these to this update. Thanks. SUPERVISOR HORTON: Thank you very much. Would anybody else care to address the Board on this public hearing? Yes, Ms. Ball. LILLIAN BALL: I xvill just be brief but 1 am the Chairman of the Great Ponds Wetland Preservation of the Kenney's Beach Civic Association. We have the president here, former president and several members of the Kenney's Beach Civic Association and we are thrilled that you guys are putting this, adding this to the list and we are even more thrilled at the next item of business, which is the Harper purchase, xvhich is the first one that we actually have been able to pull off. So, here is to many more. Thank you. TOWN CLERK NEVILLE: Excuse me, your name please? MS. BALL: Lillian Ball. SUPERVISOR HORTON: Southold. Thank you very much. Are there other comments in regard this public hearing? Yes, Nh'. Krupski. AL KRUPSKI: Good evening, Al Krupski, President, Southold Town Trustee. As a Trustee I am' xvell aware of the situation in that area of the individual parcels that are up for nomination for the Community Preservation Fund list and I would just urge the Board to include them on the list. It is a worthy endeavor and it provides an opportunity both for the town and for the landowners. SUPERVISOR HORTON: Thank you, Mr. Krupski. And I also thank the Trustee's and the Kenney's Beach Civic Association for your input and guidance and research that you have afforded us on this initiative. I will call for the closure of this meeting and we will move to the next. Southold Town Clerk