HomeMy WebLinkAboutTB-01/31/2006 -PHSOUTHOLD TOWN BOARD
PUBLIC HEAR1NG
JANUARY 31, 2006
5:05 PM
PURCHASE OF DEVELOPMENT RIGHTS EASEMENT ON A PORTION OF THE
PROPERTY OWNED BY SANDRA J. MEYER, SCTM #1000-96-5-14 AND P/O
SCTM #1000-t02-2-23.5
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN THAT pursuant to the
provision of Chapter 25 (Agricultural Lands) and Chapter 6 (2% Community
Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby
sets Tuesday, January 31, 2006 at 5:05 p.m., Southold Town Hall, 53095 Main
Road, Southold, New York, as the time and place for a public hearin~ for the
purchase of a development ri~,hts easement on a portion of the property owned by
Sandra J. Meyer. Said property is identified as SCTM #1000-96-5-14 and part of
#1000-102-2-23.5. The address is 31025 Route 25, Cutchogue, New York, and is located
on the northerly side of Route 25, approximately 1,615 feet northeasterly from the
intersection of Depot Lane and Route 25 in Cutchogue in R-40 and A-C zoning districts.
The proposed acquisition is for an additional development rights easement of 6.0 acres
(subject to survey) on the 20.166 acre parcel. There is an existing 9.0 acre development
rights easement on the northerly portion of this parcel having previously been purchased
by the Town of Southold in 2004.
The exact area of the purchase is subject to a Town-provided survey acceptable to the
Land Preservation Committee. The purchase price is $45,000 (forty-five thousand
dollars) per buildable acre.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value.
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.
We have the Land Preservation Coordinator here and I will just let her speak at this time.
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: I am Melissa Spiro, I
am the Land Preservation Coordinator. As noted, the hearing is for the purchase of a
developments rights easement on approximately six acres on the Meyer property in
Cutchogue. The farm is located just west of the King Kullen shopping center and
currently has a farmstand on Main Road. The property has some preservation history and
I wanted to just take a couple of minutes to highlight a few things. Sandy Meyer was
part-owner of what was originally a 43 acre farm, known as the Scott Farm. In 2001, the
landowners offered and the Town purchased the development rights easement on 23 of
the 43 acre farm. This left approximately 20 acres on which the developments rights
remained intact. The landowners went before the Planning Board, they subdivided the
large farm into two smaller farms, one farm was made up entirely of the 23 acres of the
developments rights easement and the other farm was the remaining 20 acres with the
developments fight intact. In 2004, the landowners decided that they wanted to sell the
development rights to the Town on an additional nine acres of the 20 acre farm and the
Town purchased the nine acre easement. This left approximately 11 acres, including the
residential dwelling and farmstand, fronting on Main Road, with the development rights
intact. In 2005, Sandra Meyer made an application to sell an additional six acres to the
Town. The purchase of the developments rights easement on this additional six acres is
the subject of tonight's hearing. The easement includes 60 feet of frontage to the west of
the existing farmstand, it goes back into the interior of the property and is adjacent to the
already protected farmland. Once the Town completes this purchase, 38 acres of the 43
acre parcel will be protected with Town owned development right easements. The
majority of the property is located within the AC zoning district, it is included on our
Community Preservation Fund and it is shown on our farmland inventory as land that is
in active farming. In addition to the prior purchases mentioned, the Town owns the
development fights on the properties to the east and to the west of the northerly part of
the farm. The farm is located in one of the largest protected blocks of farmland within
the Town of Southold. The purchase price as mentioned is $45,000 an acre. The Land
Preservation Committee and I support this development rights acquisition and we
recommend that the Town Board proceed with the acquisition. Once the Town Board
elects to purchase this property, we plan to move quickly towards the closing of this
acquisition and we are hoping to close within the next two weeks. I would like to thank
Sandra Meyer, who has sat through this whole long evening, sitting over here, for
offering development fights to us on this significant piece of farmland. Thanks.
SUPERVISOR RUSSELL: Thank you. Would anybody like to address the Board on this
purchase? (No response) We will close this heating.
Southold Town Clerk
SOUTHOLD TOWN BOARD
PUBLIC HEARING
JANUARY 31, 2006
5:10 PM
A LOCAL LAW iN RELATION TO UPDATING THE COMMUNITY
PRESERVATION PROJECT PLAN
JUSTICE EVANS: NOTICE IS HEREBY GIVEN THAT there has been presented to
the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of
January, 2006 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 31st day of January, 2006 at 5:10
p.m. at ~vhich 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 Project Plan" reads as follows:
LOCAL LAW NO, 2006
A Local Law entitled, "A Local Law in relation to Updating the Communilw
Preservation Project Plan".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - The following one hundred and ninety four properties listed in the
attached Exhibit, totaling approximately 355 acres, are proposed to be added to the List
of Eligible Parcels included in the Community Preservation Project Plan. in addition, the
existing List of Eligible Parcels has been revised to delete parcels ~vhich have been
preserved using various preservation methods, to delete parcels which have been
developed, and to correct, where applicable, Suffolk County tax map numbers for parcels
included on the existing List of Eligible Parcels.
The preservation and protection of these properties falls under multiple purposes
of the Community Preservation Project Plan, including, but not limited to, establishment
of parks, nature preserves and recreational areas, preservation and protection of open
spaces, agricultural lands and scenic values, protection of ~vetlands, protection of
significant biological diversity and protection of unique and threatened ecological areas.
I1. Chapter 6 of the Code of the Town of Southold is hereby amended as follows:
6-50. Community Preservation Project Plan adopted.
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 Nexv 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. 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 thc plan adopted by thc Town Board in 1998 (Plan datcd July 1998)
shall remain as adopted in 1998, ~vith an updatcd March 2005 Exccutive Summary and
updatcd covcr 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 Pamels.
D. The Town Board of the Town of Southold hereby approves and adopts the
January 2006 update to the Community Preservation Project Plan which adds one
hundred ninety four { 194) parcels totaling approximately three hundred and fifty five
(355) acres to the List of Eligible Parcels. In addition, the existing List of Eligible
Parcels has been revised to delete parcels which have been preserved using various
preservation methods, to delete parcels which have been developed, and to correct, where
applicable, Suffolk County tax map numbers for parcels included on the existing 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 January 2006 Executive
Summary and updated cover l~a~es. The January 2003 List of Eligible Parcels shall be
replaced with the January 17, 2006 List of Eligible Parcels.
11 I. 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.
DIST PRTKEY ACREAGE Priority
1000 15.-8-33 2.9 BD
1000 19.-1-15.5 1.97 A
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
I000
1000
1000
1000
1000
I000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
lO00
I000
1000
1000
1000
1000
1000
1000
1000
1000
19.-1-15.6
19.-1-15.7
19.-1-15.8
20.-3 -4.1
22.-3-26
23 .-2-8
27.-2-2.4
27.-2-2.8
27.-3-3.14
27.-3-7.2
27.-4-9.4
27.-4-10.5
27.-4-10.6
31.-7-7
31.-7-10
31.-7-20
31.-16-6
32.-1-2.1
32.-1-4.1
32.-l-5
32.-1-10
32.-1-11
32.-I-12.1
32.-1-12.3
32.-1-14.2
34.-1-7
35.-2-12
35.-3-12.3
35.-3-12.4
35.-3-12.8
43.-2-6
45.-4-3.1
45.-4-4.1
45.-6-1
45 .-6-2
45.-6-9.1
45 .-6-9.2
45 .-6-9.3
52.-5-62
53.-2-7
53.-3-7
53.-3-9
53.-3-11
56.-2-12
56.-2-13
56.-2-14
56.-2-15
56.-2-16
56.-2-17
56.-4-2
2.22 A
1.94 A
5.06 AD
7.4 ABD
2.41 AD
0.5 AF
11.29 AD
4.95 A
1.93 A
2.3 AD
2.13 A
1.66 A
1.93 A
5.86 ADF
2.37 ADF
9.06 ADF
1.04 AD
1.74 AD
1.61 AD
0.76 AD
1.04 AD
0.92 AD
4.96 AD
1.27 AD
2.05 AD
7.8 BCD
9.38 AB
7.75 AD
3.84 AD
1.56 AD
0.75 AD
1.57 AD
0.98 AD
1.29 AD
3.29 AD
1.7 AD
1.6 AD
1.6 AD
0.99 AD
0.25 AD
0.96 AD
0.5 AD
0.43 AD
0.54 AD
0.55 AD
0.64 AD
0.59 AD
0.59 AD
0.51 AD
0.2 AD
I000
1000
1000
1000
1000
1000
I000
1000
1000
1000
1000
1000
1000
I000
lO00
1000
1000
I000
1000
1000
1000
1000
1000
1000
1000
1000
1000
lO00
1000
1000
1000
1000
1000
1000
I000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
I000
1000
1000
56.-5-12.1
56.-6-1
56.-6-11.1
56.-6-11.2
57.-1-35
57.-2-42.1
58.-1-2.2
58.-1-3
63.-7-27
64.-1-8
66.-1-37
66.-3-13
66.-3-14
68.-1-7
68.-I-8
68.-l-9
68.-I-10
68.-1-11
68.-1-13.3
68.-1-14.2
69.-3-11
74.-1-3
78.-3-12.1
86.-2-1.4
87.-3-61
87.-5-23.6
88.-5-41
89.-1-1
89.-2-1
89.-2-3
97.-2-10
97.-2-13.4
97.-2-21
97.-6-2
97.-8-20.1
97.-8-24
103.-1-19.8
103.-6-8.2
103.-13-1.2
104.-5-1.2
104.-5-1.4
104.-8-9
109.-5-16.1
109.-6-15
110.-7-25
1ll.-1-3
111.-1-4
111.-1-5
111.-1-8.2
lllM-9
0.56
2.37
0.54
0.57
0.73
3.4
7.13
8.55
0.08
0.21
4.62
0.33
1.03
5.34
2.97
4.04
5.04
4.07
9.1
1.8
7.86
0.48
5.46
2.66
0.72
0.93
2.8
4.05
2.8
0.46
1.66
4.73
3.06
3.13
1.45
0.2
0.92
3.21
1.02
2.84
1.5
0.98
6.87
7.12
2.71
0.2
0.07
0.05
0.07
0.05
DAB
ADF
AD
AD
ADF
AD
ABFGI
ABFGI
A
A
ADF
A
A
ABFGI
ABFGI
ABFG1
ABFGI
ABFGi
ABFGI
ABFGI
AD
BD
AD
ADF
AD
AD
AD
AD
ADF
AD
AD
AD
AD
ADF
AD
AD
AD
AD
ADF
ADF
ADF
ADF
AB
AB
ADF
ADF
ADF
ADF
ADF
ADF
1000
1000
1000
1000
I000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
111.-1-10
111.-1-I1
111.-1-15
111.-1-17.1
111.-1-17.2
111.-1-20
111.-1-21
111.-1-23.1
111.-1-24
111.-l-34
111.-1-38
lll.-10-1A
111.-10-1.2
111.-10-2
111.-I0-3
111.-10-4
111.-10-5
111.-10-10
111.-10-15
1ll.-10-18.2
111.-14-5.3
111.-14-6
113.-2-26
115.-3-21
115.-5-5
115.-5-6
115.-5-8
115.-5-9
115.-5-18
115.-9-7
115.-11-24
115.-11-25
116.-3-13
116.-4-2
116.-4-3.2
116.-4-4
116.-4-5
116.-4-6
116.-4-7
116.-4-8.1
116.-4-8.2
116.-4-9
116.-4-12.1
116.-6-17.1
117.-1-1
117.-1-2
117.-1-3
117.-1-4
117.-1-5
117.-1-6
0.06 ADF
0.07 ADF
0.09 ADF
0.14 ADF
0.12 ADF
0.02 ADF
0.01 ADF
0.31 ADF
0.12 ADF
0.35 ADF
0.27 ADF
0.16 ADF
0.35 ADF
0.33 ADF
0.42 ADF
0.4 ADF
0.35 ADF
0.44 ADF
1.31 A
1.06 A
2.35 ADF
0.8 ADF
9.87 A
0.53 ADF
0.45 ADF
0.47 ADF
0.5 ADF
0.47 ADF
3.71 ADF
2.38 AD
0.32 AD
0.92 AD
2.87 ADF
0.34 AD
1.89 AD
0.31 AD
0.03 AD
0.09 AD
0.16 AD
0.29 AD
0.29 AD
0.59 AD
0.54 AD
1.66 ADF
0.12 ADF
0.14 ADF
0.2 ADF
0.33 ADF
0.34 ADF
0.29 ADF
1000 117.-1-7 0.16 ADF
1000 117.*1-8 0.11 ADF
1000 117.-1-9 0.02 ADF
1000 117.-1-10 0.07 ADF
1000 117.-1-11 0.09 ADF
1000 117.-1-12 0.09 ADF
1000 117.-1-13 0.06 ADF
1000 117.-1-14 0.04 ADF
1000 117.-1-15 0.08 ADF
1000 117.-1-16 0.06 ADF
1000 117.-1-17 0.12 ADF
1000 117.-5-14.2 0.17 ADF
1000 117.-5-43 0.15 ADF
1000 117.-5~44 0.19 ADF
1000 117.-6-14.1 2.67 AD
1000 117.-8-20 0.87 ADF
1000 117.-10-20.8 0.13 ADF
1000 118.-1-3.1 2.05 ADF
1000 118.-1-10 0.83 ADF
1000 122.-4-44.6 1.25 AD
1000 122.-6-28 4.6 AD
1000 126.-4-2.1 0.68 AD
1000 126.-4-5.1 0.7 AD
1000 127.-2-5.3 5.65 AD
1000 127.-2-7.1 4.18 AD
1000 127.-3-3 2.45 A
1000 127.-3-8 5.63 AD
1000 127.-3-9.2 2.09 AD
1000 127.-3-10.1 5.2 AD
1000 127.-8-13 1.53 AD
1000 127.-8-17.2 0.75 AD
1000 136.-2-3.1 0.68 AD
1000 136.-2-5 0.45 AD
I000 136.-2-8.1 1.39 ADF
1000 136.-2-9 0.26 ADF
1000 136.-2-10 0.37 ADF
1000 138.-1-3 0.22 AD
1000 138.-1-14.1 3.9 AD
1000 138.-2-35 0.07 ADF
1000 138.-2-36 0.04 ADF
1000 138.-2-37 0.03 ADF
I000 138.-2-38 0.04 ADF
This has been advertised as a legal in the official paper and has been posted on the Town
Clerk's bulletin board and there is no correspondence.
TOWN ATTORNEY F1NNEGAN: I just have one amendment. Since the time that it
was noticed, it came to our attention that there were six parcels that were included on the
list of 194 that were erroneously added. Either they had already been developed or for
other reasons. So those six parcels are going to be removed from the final list. I can tell
you what they are and the language of the purpose and the language of the actual law will
reflect that the update will be a January 31, 2006 list instead of January 17, 2006. It will
have 188 properties and the total acres is 350. I will just give you the tax map numbers:
45-4-3.1; 111-1-8.2; 111-10-5; 111-10-15; 117-1-16 and 136-3-8.1. Those six parcels
will be removed from the list that would be adopted.
SUPERVISOR RUSSELL: Are there any comments on this?
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land
Preservation Coordinator. In 1998, in accordance with what was then the newly adopted
Peconic Bay Region Community Preservation Fund, known also as the Community
Preservation Fund, the 2 % Fund, the 2 % Real Estate Transfer tax; the Town adopted a
Community Preservation Plan. The Plan contained text in regard to preservation efforts,
strategies and conservation tools, in addition, as required by the law, the Plan contained
a list of eligible parcels. As per the law, in order for the Town to use the Community
Preservation Fund to purchase a property or an interest in a property such as an easement,
the property being purchased must be included on the list of eligible parcels. When a
parcel is listed on the list of eligible parcels, it does not obligate the landowner to
anything. All of our preservation programs are voluntary. That means the landowner has
to xvant to sell or donate his or her property or an interest in the property. If the
landowner wants to sell or donate the property for preservation purposes, if the property
is on the list, it allows the Town to use the Community Preservation Fund for the
purchase. After the initial adoption, the Town updated the list of eligible parcels in
January '03 and again in March '05. Tonight's hearing, as noted, involves revising the
list by adding 188 which total approximately 350 acres. The 188 properties were added
for a variety of reasons. Some parcels are involved in active applications before the
Town within areas of active preservation efforts and the preservation of these parcels is in
accordance with the purposes of the Community Preservation Plan. Other parcels were
identified as part of the Peconic Estuary's programs critical land protection strategy as
being a high priority parcel for preservation. The parcels identified in this manner were
added since protection of these parcels in also in accordance with the purposes of the
Community Preservation Plan. Letters were sent to all of the landowners on the
properties being added. I have talked to or e-mailed quite a few of the landowners. We
met in the lobby before who were lucky enough to be able to go home and have their
dinner, rather than sitting through the lengthy prior hearing. Some of the landowners we
have talked to are interested in preservation now and I have outlined the Town's
preservation process to them. Adoption of this local law to the update of the Community
Preservation Plan will not change the actual text of the plan, however, the existing list of
eligible parcels xvill be replaced by the new list. The new list, as mentioned, will be
known as the January 31st list of eligible parcels. It will include the parcels added
tonight, together with the old list and the parcels that were on there before. The new
updated list includes 947 parcels totaling 10,790 acres. The Community Preservation
Plan map, which is in front here, shows the parcels already on the list as orange and the
parcels to be added to the plan as red. Once this local law gets adopted, the red parcels
will then be changed to orange. The parcels in green indicate parcels within the Town
~vhich are already preserved. There are 672 preserved parcels, totaling 9,551 acres. That
includes land that was preserved through every method since the Town of Southold
started a long time ago. The parcels proposed to be added to the plan are all worthy of
some type of preservation, should the landowners be interested in doing so and I
encourage the Board to adopt this local law to add them to our community preservation
plan. Before i close, I would like to take this opportunity to note that the Community
Preservation Plan is legally known as the Peconic Bay Region Community Preservation
Fund. Many people confuse this with the non-profit land conservation organization
known as the Peconic Land Trust. I would just like to point out that the Peconic Land
Trust, other than having a similar name, is not involved at all with the Peconic Bay
Community Preservation Fund. The Peconic Land Trust does not collect the funds from
the tax or administer the fund. The money all goes to the Town to use for our community
preservation project plan. Okay? If there are any other questions, I think I have
answered almost everything out in the hall but maybe there is more.
STANLEY KEATING: My name is Stanley Keating, I am from Cutchogue. I didn't
know who you were so I had to sit through the housing thing but I have two particular
questions. One, this is definitely a voluntary program, is that correct?
MS. SPIRO: Yes.
MR. KEATING: The second thing is, I noticed that you mentioned in your letter that use
of the property is unencumbered. My question is, is sale of the property unencumbered?
If one .joins this plan, does one have to sell the property to the Town's preservation plan
or is it still...
SUPERVISOR RUSSELL: Actually, no. All it does is it presents the owner with the
opportunity to sell it to the Town, should they decide to go that route. It is virtually
unrestricting in every other sense of the word. If ! have property on this list, I let the
Town enroll it on this list, I can still do with that property whatever I see fit. Sell it,
subdivide, develop it, whatever I want to do. It merely allows the Town to wade in as an
option for you as an owner to decide if you want to discuss that preservation route with
the Town or that wholesale or bargain or sale deed to the Town. Without the property
being on the list, the Town can't exercise any of its CPF money in the acquisition of the
property. It provides owners with another option, another buyer on the market. That is
all this is really going to, if I am not mistaken.
MS. SPIRO: That is correct.
COUNCILMAN ROSS: Is he mistaken?
MS. SPIRO: No, he is not.
SUPERVISOR RUSSELL: I have known you a long time, Mr. Keating, would I steer
you wrong? How are you, good to see you? I haven't seen you in a long time.
MR. KEATING: Congratulations.
SUPERVISOR RUSSELL: Thank you very much. Anybody else? Mr. Domino?
MICHAEL DOMiNO: Good evening, Mike Domino, President ofNFEC, I would like to
speak in favor of this local law. I would like to commend Melissa for the hard work that
she does and the Board for this type of long range comprehensive planning foresight.
Thank you very much.
SUPERVISOR RUSSELL: Thank you. Anybody else like to comment on this? Yes, Mr.
Nickles.
JOHN NICKLES, JR.: I am not speaking against this proposal although I do have
criticisms of it. I look at the proposal and I see that most of the lots are an acre or less or
at least a couple of acres or less and it is not that I had time to go through everyone of
these and figure out whether they were buildable or not or whether we were worthy of
protection but by simply looking at the list and simply by looking up some of these, some
of these parcels have very little wetlands on them. They might have some open space
characteristics that may be are worthy of preserving but some of the ones that have very
little environmental attributes to them, where they are environmentally sensitive, those
are the ones that are going to be very, very expensive for the Town to preserve. And I
would .just like the Town, if they are going to adopt this list I think what they need to do
is they need to look further into what it is that they are preserving and maybe even
develop some further kind of ranking system that would show that the Town is getting
the best bang for their buck. I am generally against preserving in-fill parcels in
developed areas, as opposed to, I just think the money can be better spent preserving
properties in areas where there is a lot of preservation than to preserve properties in areas
where there is a lot of development. Just as a planning concept you are going to get a lot
more bang for your buck if you are able to continually add to contiguous preserved
parcels out in the farm belt or in some open space area than riddled through the
developed communities of the Town. That is my only criticism or suggestion on this.
SUPERVISOR RUSSELL: Thank you, John. Actually some of your sentiment I have
heard from other people. Just so you know, this is just a list. The criteria under which
we acquire, willingly go out and buy, is a separate issue. This is just merely expanding
our opportunities.
MS. SPIRO: I would just like to add to that, also. Just being on the list does not mean
we are actually going to go out and purchase that property at a high price. Being on the
list also enables someone to donate the land to the Town and it enables us to use, when
someone donates land to the Town, we do have expenses; doing a survey and doing stuff
like that. it enables us to use the 2 % fund,just for that. So it is not necessarily just going
out there and buying the property at full market value, like that. We do in some cases and
in many cases buy it at full market value but it enables us to accept donations also and
bargain sales and things like that. I did have one other comment and that xvas one that a
gentleman I met with in the hall, had a list of prepared questions. 1 addressed all of his
questions satisfactorily, however at the bottom he had some comments about something
else that had to do with stormwater runoff and I told him I would give that to you.
SUPERVISOR RUSSELL: Okay. Thanks. Any other comments? (No response) Can l
have a motion to close the hearing?
Southold Town Clerk
SOUTHOLD TOWN BOARD
PUBLIC HEARING
JANUARY 31, 2006
5:15 PM
PURCHASE OF OPEN SPACE PROPERTY CURRENTLY OWNED BY PECONIC
LAND TRUST (F/K/A PALMERI PROPERTY) SCTM #1000-56-5-12.1
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN THAT pursuant to the
provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community
Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby
sets Tuesday. January 31. 2006~ at 5:15 I~.m.~ Southold Town Hall. 53095 Main
Road. Southold. New York. as the time and l~lace for a oubllc hearing for the
ourchase of ooen sl~ace on orol~ertv currently owned by Peconic Land Trust ff/k/a
Palmeri I~rol~ertv). Said I~rol~ertv is identified as SCTM #1000-56-5-12.1. The address
is 945 Budd's Pond Road, Southold, New York, and is located on the easterly side of
Budd's Pond Road approximately 800 feet from the intersection of Budd's Pond Road and
Bay Home Road in Southold. The proposed acquisition is for open space and comprises
approximately 0.5 acre (subject to survey).
The property, having been purchased by the Peconic Land Trust from Irwin and Saundra
Palmcri as a bargain sale, has been offered for sale to the Town of Southold, at the same
bargain sale purchase price plus acquisition costs associated with the transfer of title. The
purchase price for this open space parcel is $5,000 (five thousand dollars) plus
acquisition costs.
The subject property contains mostly wetlands and borders on Budd's Pond and an
existing canal off Budd's Pond. The preservation and protection of this property falls
under multiple purposes of the Community Preservation Project Plan, including, but not
limited to, preservation and protection of open spaces and scenic values, protection of
wetlands, and undeveloped shorelines, establishment of parks/nature preserves and
recreational areas, and protection of unique and threatened ecological areas.
The property is not listed on the Town's 2003 Community Preservation Project Plan List
of Eligible parcels; however, it is proposed to be added to the plan after a public hearing
to amend the List of Eligible parcels is held on January 31, 2006.
As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of
Southold, Section 87-5, the Land Preservation Coordinator has determined that it is
unlikely that the parcel is buildable; therefore, no Sanitary Flow Credit is available from
this purchase.
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.
This was posted on the Town Clerk's bulletin board and placed as a legal in the official
newspaper and there was no correspondence.
SUPERVISOR RUSSELL: Okay, we are at the public comment section of this hearing.
Melissa.
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land
Preservation Coordinator. Alright, I will try to make this quick. The hearing involves an
environmentally sensitive lot with an established subdivision. The half acre property
contains a significant amount of wetlands and borders on Budds Pond and an existing
canal off Budds Pond. The property was offered to the Town by the landowners in the
fall for a purchase price of $5,000. The landowners wished to close on the property prior
to the end of 2005. The Town wasn't sure if they would be able to close within the
required time frame, so the Peconic Land Trust helped the Town facilitate the purchase
by closing with the landowner within the required timeframe, with the intent of selling
the property to the Town in early 2006. As you know, the property was just added to the
Community Preservation Fund by the update that we just did. The Town is now in the
position to use funding from the Community Preservation Fund to purchase this property.
The Peconic Land Trust purchased the property from the Palmeri's as a bargain sale and
the Trust is selling it to the Town of Southold at the same bargain sale price of $5,000
plus acquisition costs. I thank both the Palmeri's for offering it and the Peeonic Land
Trust for helping us facilitate this action. I recommend that the Town Board proceed
with the resolution to purchase this property and this will enable the Town to close with
the Peconic Land Trust in the next few weeks. Thanks.
SUPERVISOR RUSSELL: Am I allowed to ask a question of you, Melissa?
MS. SPIRO: You are.
SUPERVISOR RUSSELL: This is a small piece of property in an existing subdivision
with a homeowners association, why does the Town want to assume the responsibility of
maintenance of this property?. It is already protected by statute. I think they tried to get a
building permit and they exhausted it.
MS. SPIRO: They tried to get a building permit and they stopped trying to get a building
permit and they offered it for sale to the Town. I wouldn't say it is already protected, no
property is protected unless it preserved...
SUPERVISOR RUSSELL: They have exhausted their statute, didn't they? They tried.
MS. SPIRO: No.
TOWN ATTORNEY FINNEGAN: They didWt exhaust their ....
MS. SPIRO: No, they didn't.
SUPERVISOR RUSSELL: Okay. Fair enough. Thank you.
comment on this? (No response) We will close the hearing.
Would anybody like to
Eliia~eth A. Ne~v~l'e~
Southold Town Clerk