HomeMy WebLinkAboutMoeller, Jacqueline
Southold Town Board - aer
Board .eting oftptember25, 2007
RESOLUTION 2007-770
ADOPTED
Item # 27
DOC ID: 3183
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-770 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 25, 2007:
WHEREAS, the Town Board of the Town of Southold wishes to purchase fee title to certain
properties owned by Jacqueline Moeller and TMJ Realty Inc. a/k/a Bittner properties pursuant to
the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community
Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM
#1000-58-1-1, #1000-68-1-17.2 and #1000-68-1-17.3. The total area of the properties is 58010
acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in
Peconic. The properties are located in the R-80 zoning district. The properties begin
approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview
Avenue and Kenney's Road in Southold. The combined properties include 13600t feet of road
frontage on Soundview Avenue and 1404010 feet along Long Island Sound. The proposed
acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee
title as tenants in common to the entire 58010 acres for open space passive recreational purposes.
The exact area of the purchase is subject to survey. The purchase price for the entire 58010 acre
property is $13,294,000 (thirteen million two hundred ninety-four thousand dollars) plus
acquisition costs. The purchase price and acquisition costs will be shared equally by the Town of
Southold and County of Suffolk and will be funded by the Town's Community Preservation
Fund and the County of Suffolk Legacy Fund. The Town is eligible for funding from an awarded
$1,464,735 (one million four hundred sixty-four thousand seven hundred thirty-five dollar)
federal grant from the US National Oceanic and Atmospheric Administration, Coastal Estuarine
Land Conservation Program (NOAAlCELCP). The property includes a vacated residential
structure and bulkheading; both will be removed in their entirety upon obtaining fee title to these
parcels. The County will not be responsible for removal costs of the residential structure; now,
therefore, be it
Generated September 27,2007
Page 32
Soutl: ',J Town Board - Llr
Boord Jtting of September 25,2007
RE~ ,NEl) by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617,1 et. Seq,; and, be
it fll" ~ ..,.
RL" ,XL by the 'I own Board oftbe Town of Southold that the TO\vn of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; and, be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action,
p~.U'.far;...:tJ..
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated September 27,2007
Page 33
I
e
Southold Town Board - Letter
e\.\. .
, ,
Board MeetinJ-of Se~tember 25, 2007
RESOLUTION 2007-773
ADOPTED
Item # 30
DOC 10: 3184
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-773 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 25, 2007:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of fee title to certain properties owned by Jacqueline Moeller and TMJ Realty Inc.
a/k/a Bittner properties on the 25th day of September, 2007, pursuant to the provisions of Chapter
185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of
the Town of Southold. Said properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2,
and #1000-68-1-17.3. The total area of the properties is 58010 acres. The addresses of the
properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are
located in the R-80 zoning district. The properties begin approximately 4300 feet westerly on
Soundview Avenue from the intersection of Soundview A venue and Kenney's Road in Southold.
The combined properties include 1360oIo feet of road frontage on Soundview Avenue and 1404010
feet along Long Island Sound; and,
WHEREAS, the proposed acquisition is for the Town, in a 50%/50% partnership with the
County of Suffolk, to acquire fee title as tenants in common to the entire 58", acres for open
space passive recreational purposes. The exact area of the purchase is subject to survey. The
purchase price for the entire 58010 acre property is $13,294,000 (thirteen million two hundred
ninety-four thousand dollars) plus acquisition costs. The purchase price and acquisition costs will
be shared equally by the Town of Southold and County of Suffolk and will be funded by the
Town's Community Preservation Fund and the County of Suffolk Legacy Fund. The Town is
eligible for funding from an awarded $1,464,735 (one million four hundred sixty-four thousand
seven hundred thirty-five dollar) federal grant from the US National Oceanic and Atmospheric
Administration, Coastal Estuarine Land Conservation Program (NOANCELCP). The property
includes a vacated residential structure and bulkheading; both will be removed in their entirety
Generated September 27,2007
Page 42
Southold Town Board - L.r
Board .ing of September 25, 2007
'.
upon obtaining fee title to these parcels. The County will not be responsible for removal costs of
the residential structure; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved for the following purposes: preservation of open space; nature
preserve or recreational areas; preservation of undeveloped beachlands or shorelines; and
preservation of unique or threatened ecological areas. Uses of the property shall be limited to
those consistent with passive recreational uses and shall be designed in accordance with the
environmentally significant nature of the property. Proposed uses of the property may include the
establishment of a nature preserve and passive recreational area with trails and limited parking
for trail access purposes. A Management Plan will be developed for the property; and,
WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of
Southold, Section 117-5, the Land Preservation Coordinator has determined, that due to the
nature of the funding for the acquisition, no sanitary flow credits will be available for transfer
from the property; and
WHEREAS, the purchase of fee title to these properties for open space purposes is in
conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17
(Community Preservation Fund) of the Town Code of the Town of South old; and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP)
and the L WRP Coordinator has recommended that this action is consistent with the L WRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire fee title to this open space acquisition; and
WHEru~,\S ",,'n !3oard de:ms it in tI>: l cst i,,,blic interet tbiet tbe To', il of SOtlthold
purchase fee title on these properties; now, therefore, be it
Generated September 27,2007
Page 43
.
Southold Town Board - Letter
.
Board Meeting of September 25, 2007
RESOLVED that the Town Board of the Town of South old hereby elects to purchase fee title
to certain properties owned Jacqueline Moeller and TMJ Realty Inc. aJk/a Bittner
properties pursuant to the provisions of Chapter 185 (Open Space Preservation) and
Chapter 17 (Community Preservation Fund) ofthe Code ofthe Town of Southold. Said
properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2 and #1000-68-1-17.3. The
total area of the properties is 58010 acres. The addresses of the properties are respectively 5415,
4305 & 4305 Soundview Avenue in Peconic. The properties are located in the R-80 zoning
district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the
intersection of Soundview Avenue and Kenney's Road in Southold. The combined properties
include 1360i0 feet of road frontage on Soundview Avenue and 1404010 feet along Long Island
Sound. The proposed acquisition is for the Town, in a 50%/50% partnership with the County of
Suffolk, to acquire fee title as tenants in common to the entire 58010 acres for open space passive
recreational purposes. The exact area of the purchase is subject to survey. The purchase price for
the entire 58010 acre property is $13,294,000 (thirteen million two hundred ninety-four hundred
thousand dollars) plus acquisition costs. The purchase price and acquisition costs will be shared
equally by the Town of Southold and County of Suffolk and will be funded by the Town's
Community Preservation Fund and the County of Suffolk Legacy Fund. The Town is eligible for
funding from an awarded $1,464,735 (one million found hundred sixty-four thousand seven
hundred thirty-five dollars) federal grant funding from The US National Oceanic & Atmospheric
Administration, Coastal Estuarine Land Conservation Program (NOAAlCELCP). The property
includes a vacated residential structure and bulkheading; both will be removed in their entirely
upon obtaining fee title to these parcels. The County will not be responsible for removal costs of
the residential structure. The property is listed on the Town's Community Preservation Project
Plan as property that should be preserved for the following purposes: preservation of open
space; nature preserve or recreational areas; preservation of undeveloped beachlands or
shorelines; and preservation of unique or threatened ecological areas. Uses of the property shall
be limited to those consistent with passive recreational uses and shall be designed in accordance
with the environmentally significant nature of the property. Proposed uses of the property may
include the establishment of a nature preserve and passive recreational area with trails and
limited parking for trail access purposes. A Management Plan will be developed for the property.
Generated September 27,2007
Page 44
Southold Town Board - L.r
Board .ing of September 25,2007
As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold,
Section 117-5, the Land Preservation Coordinator has determined, that due to the nature of the
funding, no sanitary flow credits will be available for transfer from the property. The purchase of
fee title to these properties for open space purposes is in conformance with the provision of
Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the
Town Code of the Town of Southold. The proposed action has been reviewed pursuant to
Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront
Revitalization Program (L WRP) and the Town Board hereby finds this action to be consistent
with the LWRP.
F2rlil:#a~...'IJ...
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated September 27,2007
Page 45
.
.
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
MAltiNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTH OLD
To:
Town of South old Town Board
Kieran Corcoran, Assistant Town Attorne~
Mark Terry, Principal Planner \is
L WRP Coordinator
From:
Date: September 25, 2007
Re: Fee Title purchase of properties owned by Jacqueline Moeller and TMJ Realty Inc. aJk!a
the Bittner
This proposal is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire
fee title as tenants in common of the 58010 acres: SCTM #1000-58-1-1, #1000-68-1-17.2, and
#1000-68-1-17.3. The addresses ofthe properties are respectively 5415, 4305 & 4305
Soundview Avenue in Peconic. The properties are located within the R-80 zoning district. The
properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection
of Soundview Avenue and Kenney's Road in Southold. The combined properties include 1360
feet ofroad frontage on Soundview Avenue and 1404 feet along Long Island Sound.
Based upon the information provided on the L WRP Consistency Assessment Form submitted to
this department, the proposed action is CONSISTENT with the policy standards of the
L WRP and therefore is CONSISTENT with the L WRP.
Please contact me at (631) 765-1938 if you have any questions regarding the above
recommendation.
Cc: Melissa Spiro, Land Preservation Coordinator
.
Bohn, Lynda
..B'd-tner-f(~
From: Sohn, Lynda
Sent: Monday, September 17, 2007 10:40 AM
To: JAWESER@TIMESREVIEWCOM
Subject: for publication 9/20/07
Lynda M Bohn
Lynda M Sohn
Deputy South old Town Clerk
Principal Account Clerk
10/1 0/2007
.
Page 1 of 1
r
#8523
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Dina MacDonald of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published 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 published in said Newspaper once each week for
-Lw"k(,), ,"~,,,;~Iy, oom,:,e~,th'~.Off September. 200A~:' jJJi
A un Jna~~
Principal Clerk
day Of~
Sworn to before me this
2007
LEGAL NOTICES
LEGAL NOTICE
NonCE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN RE.
SOLVED that pursuant to the provi-
sions of Chapter 185 (Open Space Pres-
ervation) and Chapter 17 (Community
Preservation Fund) of the Town Code,
the Town Board of the Town of South-
old hereby sets Tuesda,". Seotember
25. 2007. at 7:40 n.m.. Southold Town
Hall. 53095 Main Road. Southold. New
York as the time and >>Lace for a nublic
heano. for the Durchase of nroperties
owned bv Jacoueline Moeller and TMJ
Reali" Inc. a/kJa the Bittner oroperties.
Said properties are identified as SCTM
#1000-58-1-], #1000~oH-1-17.2, and
#1000-68-1-17.3. The total area of the
properties is 58:t acres. The addresses
of the properties are respectively 5415,
4305 & 4305 Sound view Avenue in Pe-
conic. The properties are located within
the R-80 zoning district. The properties
begin approximately 4300 feet westerly
on Soundview Avenue from the intersec-
tion of Soundview Avenue and Kenney's
Road in Southold. The combined prop-
erties include 1360 feet of road frontage
1D
C!j;116h~ lr1V(Jt
CHRISTINA VOllNSKI
NOTARY PUBLIC-STATE OF NEW YORK
~;o 0 I-V061 06060
Quo!;fied ;n SuTfolk County
omm ",'"n LxD'rns l:gbruary 2B, 2008
on Soundview Avenue and 1404 feet
along Long Island Sound.
The proposed acquisition is for the
Town, in a 50%/50% partnership with
the County of Suffolk, to acquire fee
title as tenants in common to the 58:t
acres combined parcels for open space
passive recreational purposes. The exact
area of the purchase is subject to survey.
The purchase price for the entire 58:t
acres is $13,294,000 (thirteen million
two hundred ninety-four thousand dol-
lars) and the purchase will be funded bv
the Community Preservation Fund and
the County of Suffolk Legacy Fund. The
Town may be eligible for funding from
an awarded $1.464,735 (one million four
hundred sixtv~four thousand seven hUn-
dred thiny-five thousand dollar) fed-
eral grant from The National Oceanic
& Atmospheric Administration, Coastal
Estuarine Land Conservation Program
(NOAA/CELCP).
The purchase will include a vacated
residential structure and bulkheading
that will be removed in their entirety
upon obtaining fee title to these parcels.
The property is listed on the Town's
Community Preservation Project Plan
as property that should be preserved for
open space as a park, nature preserve,
or recreational area containing undevel-
oped beachlands and shorelines that arc
located within a unique or threatened
ecological area.
FURTHER NOTICE is hereby given
that a more detailed description of the
above-mentioned parcel of land is on
file in the Land Preservation Depart-
ment, Southold Town Hall Annex, 54375
Route 25, Southold. New York, and may
be examined by any interested person
durmg business hours.
Dated: Septemher I 1.2007
BY ORDER OF
THE TOWN BOARD
OFTHE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
1i523-IT9I20
.
617.20
Appendix C
State Environmental Quality Review
SHORTENVIRONMENTALAS~MENTFORM
For UNUSTED AmONS Only
.
PART I-PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2
1. APPUCANT/SPONSOR: Southold Town Board
3. PROJECT LOCATION:
Municipality: So
2. PROJECT NAME:
County s.M-\/-r.
4. PRECISE LOCATION: (Street address and road intersections! prominent landmarks, etc, or provide map)
SCr/l\lo\o- '--S8-1-1 .. 6t-'-17,Z. .. ~lf-I-I"7,\
SI//$, 4~o-'; .. 4)05 So.....!.U:&oV ~\Iofh\""" I+r~..c..
5. IS PROPOSED ACTION:
rl' ~N 0 E 0 Moo'fi '
1 ~ ew xpansion I lcation
6. DESCRIBE PROJECT BRIEFLY: t;AA1 will t,p fQlI'f-MnlN1j uI/Covrthf *' O<CftllW ~(; ~~S
IMQ,,+-:, ;^ (o..,"'~., ... 7k Sg: '"-ft s """- O~^ Sf"'Cf... fl'tS),'V" (fC~~ P~('OSl'5.
7. AMOUNT OF ~ND AFFECTED: 5..,4
INlTALLY 511' acres ULTIMATELY .. - acres
r~. ~ILL PROPOSED ACl"ION ~O~PLY~ITH EXI~NG;~NING OR ~THE~ EXISTING LAND U~E RE5TRICTIONS;-~~
i ~ Yes No if No, describe briefly
,
I
I
_J
I
I
I
~-~~~~~'~~~-~~~~~---~.~~~------~.._-,-,---,..J
110. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL '
i AGENCY (FEDERAL, STATE OR LOCAL)? .Coo,,""Y qe'fu,'fI/Io ~ wI TO...,., "'So i-.."" ,,{.s .n- C_"''''''.
i~ r, -10",,,, MD.\{ bt d.(~..I".\< ~ ~...~I~C ~a
l Yes No If yes, list agency(s) and permit/approvals 05> No ArA . ~ ()~
1"'M~~-~~-~~_,~,~,~~_~~~~,~~,"~"~.~_~~",,_","~~_,","~~~_'~'_'M'~_~""_~,.~,_~
19. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
\1'} r . r r R' r
j Residential Commeroal Industrial Agriculture Park/Forest/Open space Other
I Describe:
,
,
i'~+-~-~'---~-'~'~~ "--~----~-~-~~'--~.~~__.~~'__'_~~"~~'__'_' _~__'__'__"~~_~_,~
! 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
! r Yes ~ No
----~---_..~~._-._-- _'~"-~'~~
,f yes, list agency(s) and permit/approvals
: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
AppllCant/sponso, Name .&L'<:6A- ...5p....~At.J)Bf~. _ Dale fM3-
Slgnatllre_ flJ14. ~_ __ _ n
If the actIon IS In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before
proceeding with this assessment
----------..---_._--------~-_.~_..- -- ._-~,---- -----~---"_._..~-----_. ---- .--
I
-" --...---...---_____. __..1
I
I
,
I
I
r- ...--~"~~--"~----------~---'---'.-.--.-~~..-~-~~~~'-----~-"-,~..-.-~.~~M.~__~__~___
i 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
Ir
I?
Yes No
r ...---.-~------ ..---...-.--~
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.41
0 Yes~ No If yes coordinate the review process and use the full EAF
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNUSTED ACTIONS IN 6 NYCRR, PART 617.61
0 Yesfi1l, No If no, a negative dedaration may be suspended by another involved agency
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING:
(Answers may be handwritten, if legible)
C1. Existing air quality( surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or
disposal, potential for erosion, drainage or flooding problem? Explain briefly:
No
C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character?
Explain briefly:
C3. ~:;ation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered spedes? Explain briefly:
C4. A~~munityfs existing plans or goals as offidally adopted, or change in use or Intensity of use of land or other natural resources?
I EXPlaRJ~iefly:
CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
"),,
C6. Lo;] ~erm, short term, cumulative, or other effects not identified In C1.C5? Explain briefly:
C7. Other 'impacts (including changes in use of eit~er quantity of type of energy)? Explain briefly:
i
.
D. WIll THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABUSHMENT OF A
CEA?
n Yes IV. No
I E. IS THERE, OR IS T~;~~-~~~El; TO BE, CONT;~VERSY RE~~ED T~ POTENl"IAL AD~ERS~ E~~IRO~~ENTAL IMP;CTS?
:0 5'
I Yes No
r~-~-"~.~~._.__.... .~._---~-_..~~_._....~~._._...~---~.~_.._._-~-_..~~~-~
I PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, or otherwise significant. Each effect should
I be assessed in connection with its (a) settmg (i.e. urban or rural); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope;
I and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show
! that all relevant adverse impacts have been identified and adequately addressed. If question 0 of part II was checked yes, the determination and
I significance must evaluate the potential impact o~~~e proposed a~i?n on tl1eenvironrn~~t~1 char~l:t~~i~ics ~.fthe ~EA. -~.
~m.. 'm... ..mmm ..mmm ~
i
in
i
j~
I
i
i
,
,
,
L_
. .
PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2
Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then
proceed directly to the FULL ENVIRONMEfNAl ASSESSMENT FORM and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments
as necessary, the reasons supporting this determi9ation: ~ (
~>n-.c)\ ~ \"";;"....,.,... ....O...Q 0-
1'':,,'TlC of I-tqA, Agency (""
~~ >v~~rv'so~
Title of Respo ble Officer
SUr;HV \
Prin of type Nam
I
j
from of responsible officer)
.
.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter
185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the
Town Code, the Town Board of the Town of Southold hereby sets Tuesdav. SeDtember
25.2007. at 7:40 D.m.. Southold Town Hall. 53095 Main Road. Southold. New York
as the time and Dlace for a Dublic hearinl!: for the Durchase of DroDerties owned bv
Jacqueline Moeller and TMJ Realty Inc. aIkIa the Bittner DroDerties. Said properties
are identified as SCTM #1000-58-1-1, #1000-68-1-17.2, and #1000-68-1-17.3. The total
area of the properties is 58", acres. The addresses of the properties are respectively 5415,
4305 & 4305 Soundview Avenue in Peconic. The properties are located within the R-80
zoning district. The properties begin approximately 4300 feet westerly on Soundview
Avenue from the intersection of Sound view Avenue and Kenney's Road in Southold. The
combined properties include 1360 feet of road frontage on Soundview Avenue and 1404
feet along Long Island Sound.
The proposed acquisition is for the Town, in a 50%/50% partnership with the County of
Suffolk, to acquire fee title as tenants in common to the 58", acres combined parcels for
open space passive recreational purposes. The exact area of the purchase is subject to
survey. The purchase price for the entire 58", acres is $13,294,000 (thirteen million two
hundred ninety-four thousand dollars) and the purchase will be funded by the Community
Preservation Fund and the County of Suffolk Legacy Fund. The Town may be eligible for
funding from an awarded $1,464,735 (one million four hundred sixty-four thousand
seven hundred thirty-five thousand dollar) federal grant from The National Oceanic &
Atmospheric Administration, Coastal Estuarine Land Conservation Program
(NOANCELCP).
The purchase will include a vacated residential structure and bulkheading that will be
removed in their entirety upon obtaining fee title to these parcels.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved for open space as a park, nature preserve, or recreational area
containing undeveloped beachlands and shorelines that are located within a unique or
threatened ecological area.
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.
Dated: September 11, 2007
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
.
.
PLEASE PUBLISH ON September 20. 2007. AND FORWARD ONE (! ) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK TOWN HALL. PO
BOX 1179. SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times Town Board Members
Land Preservation Town Clerk's Bulletin Board
Town Attorney
.
.
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk ofthe Town of South old, New York being
duly sworn, says that on the 18 day of 11 0 P ML Ph 1.. ,2007, she affixed a
notice of which the annexed printed notice is a true copy, in a proper and substantial
manner, in a most public place in the Town of South old, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Public Hearing Moeller/Bittner 9/25/077:40 pm
[>~-PdjQ /)n,~ii_
beth A. Neville
Southold Town Clerk
Sworn b,rm' ~~
~ ~07
Notary PublIc
LYNDA M. BOHN
NOTARY PUBLIC. State of New York
No. 01806020932
Qualified in Suffolk County
Term Expires March 8, 20 .LI-
Southold Town Board - Let.
Board Me.g of September II, 2007
RESOLUTION 2007-734
ADOPTED
Item # 16
DOC ID: 3162
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-734 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 11, 2007:
RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and
Chapter 17 (Community Preservation Fund) ofthe Town Code, the Town Board of the Town of
Southold hereby sets Tuesdav. September 25.2007. at 7:40 p.m.. Southold Town Hall. 53095
Main Road. Southold. New York as the time and place for a public heann!!: for the
purchase of properties owned bv Jacqueline Moeller and TMJ Realty Inc. alk/a the Bittner
properties. Said properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2, and #1000-
68-1-17.3. The total area of the properties is 58:!: acres. The addresses ofthe properties are
respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located
within the R-80 zoning district. The properties begin approximately 4300 feet westerly on
Soundview Avenue from the intersection of Sound view Avenue and Kenney's Road in Southold.
The combined properties include 1360 feet of road frontage on Soundview Avenue and 1404 feet
along Long Island Sound.
The proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk,
to acquire fee title as tenants in common to the 58:!: acres combined parcels for open space
passive recreational purposes. The exact area of the purchase is subject to survey. The purchase
price for the entire 58:!: acres is $13,294,000 (thirteen million two hundred ninety-four thousand
dollars) and the purchase will be funded by the Community Preservation Fund and the County of
Suffolk Legacy Fund. The Town may be eligible for funding from an awarded $1,464,735 (one
million four hundred sixty-four thousand seven hundred thirty-five thousand dollar) federal grant
from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land
Conservation Program (NOAAlCELCP).
Generated September 17, 2007
Page 20
Southold Town Board - Ller
Board ating of September II, 2007
The purchase will include a vacated residential structure and bulkheading that will be removed in
their entirety upon obtaining fee title to these parcels.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved for open space as a park, nature preserve, or recreational area containing
undeveloped beachlands and shorelines that are located within a unique or threatened ecological
area.
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.
,t"Itr~Q,"Q"''1/''.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Louisa P. Evans
SECONDER: Thomas H. Wickham, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated September 17,2007
Page 21
SOUTHOLD TOWN BOARD
PUBLIC HEARING
September 25,2007
4:40 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN RESOLVED that
pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17
(Community Preservation Fund) of the Town Code, the Town Board of the Town of
Southold hereby sets Tuesdav, September 25, 2007. at 7:40 p.m.. South old Town
Hall, 53095 Main Road, Southold, New York as the time and place for a public
hearin!! for the purchase of properties owned bv Jacqueline Moeller and TMJ
Realtv Inc. a/k/a the Bittner properties. Said properties are identified as SCTM #1000-
58-I-I, #1000-68-1-17.2, and #1000-68-1-17.3. The total area of the properties is 58ct
acres. The addresses of the properties are respectively 5415,4305 & 4305 Soundview
Avenue in Peconic. The properties are located within the R-80 zoning district. The
properties begin approximately 4300 feet westerly on Soundview Avenue from the
intersection of Sound view Avenue and Kenney's Road in Southold. The combined
properties include 1360 feet of road frontage on Soundview Avenue and 1404 feet along
Long Island Sound.
The proposed acquisition is for the Town, in a 50%/50% partnership with the County of
Suffolk, to acquire fee title as tenants in common to the 58ct acres combined parcels for
opcn spacc passive recreational purposes. The exact area of the purchase is subject to
survey. The purchase price for the entire 58ct acres is $13,294,000 (thirteen million two
hundred ninety-four thousand dollars) and the purchase will be funded by the Community
Preservation Fund and the County of Suffolk Legacy Fund. The Town may be eligible for
funding from an awarded $1,464,735 (one million four hundred sixty-four thousand
seven hundred thirty-five thousand dollar) federal grant from The National Oceanic &
Atmospheric Administration, Coastal Estuarine Land Conservation Program
(NOAA/CELCP).
The purchase will include a vacated residential structure and bulkheading that will be
removed in their entirety upon obtaining fee title to these parcels.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved for open space as a park, nature preserve, or recreational area
containing undeveloped beachlands and shorelines that are located within a unique or
threatened ecological area.
FURTHER NOTICE is hereby given that a more detailed description of the above-
mentioned parcel ofland 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.
Moeller/Bittner Property Acquisition Public Hearing
September 25,2007
I have before me the Short Environmental Assessment form filled out and completed. I
also have the notice that this has appeared outside on the Town Clerk's bulletin board
outside and that it has appeared as a legal in the local newspaper. In addition, we have
comments from the L WRP coordinator Mark Terry. "This proposal is for the Town, in a
50/50 partnership with the County of Suffolk to acquire fee title as tenants in common of
the 58 plus acres, SCTM#1000-58-1-1, #1000-68-1-17.2 and #1000-68-1-17.3. The
addresses of the properties respectively 5415, 4305 and 4305 Soundview Avenue in
Peconic. The properties are located within the R-80 zoning district. The properties begin
approximately 4,300 feet westerly on Soundview Avenue from the intersection of
Soundview Avenue and Kenney's Road in Southold. The combined properties include
1,360 feet or road frontage on Soundview Avenue and 1,404 feet along Long Island
Sound. Based upon the information provided on the L WRP Consistency Assessment
Form submitted to this department, the proposed action is consistent with the policy
standards of the L WRP and therefore is consistent with the L WRP." I have no further
communications in the file in regard to this proposed matter.
2
SUPERVISOR RUSSELL: Would anyone like to comment on this public hearing?
Melissa?
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Good evening. I am
Melissa Spiro, the Land Preservation Coordinator for the Town. For those of you who
can see the aerial map up front, the property is outlined in red. It is located on the north
side of Soundview Avenue basically between Goldsmith Inlet and Great Pond. It is a few
properties west of the county owned property known as Peconic Dunes. The property
consists of three separate contiguous tax map parcels totaling about 58 acres. They
Bittner family purchased the properties at separate times in the 50's and 60's and they
have remained as three separate parcels since then. The Bittner's had one residential
dwelling on the property and other than that, basically held the property as developed
land since purchase. The property contains over 1,400 feet of frontage on Long Island
Sound. It contains a great diversity of habitat and wildlife including regionally rare
primary and secondary dunes, freshwater wetlands, wooded areas, cranberries, beach
plums and many other environmentally sensitive features. I've been with the Town 20
years now and I know that for at least that amount of time, the Bittner property has been
on every 'wish list' and plan, it is specifically mentioned in the Local Waterfront
Revitalization Plan, it was included in the New York State Open Space Plans and
updates, its been on county lists and of course, it is on the Town's Community
Preservation Plan. The town is partnering with the county on this purchase. In addition,
the town is eligible to receive a federal grant for over $1.4 million towards the purchase.
Both the town and county had appraisals done of the property and the purchase price is
supported by the appraisals. The town will be using funds from the Community
Preservation Fund for the purchase. Both the Nature Conservancy and the Peconic Land
Trust have helped the town facilitate this acquisition. Once the property is acquired, a
management plan will be prepared for the site. Public trails will be designed to allow
public access to the site. All uses will be in accordance with the environmentally
sensitive nature of the property. The house and the bulkhead, which basically juts out
into the Sound and is one of the only bulkheads in that stretch, will be removed in order
Moeller/Bittner Property Acquisition Public Hearing
September 25, 2007
to restore the natural sand flow of the area. The town and county are working diligently
towards the closing by the end of the year, at the latest by the end of January. I am
thankful that Jackie Bittner has given us the opportunity to preserve her property.
Without her willingness to work with us, I would not be here tonight. I know that in the
future when we look back at this purchase, we will all be proud to have been a part of it.
Properties like this are not found everywhere and the purchase of this property will allow
this unique property to remain as is and to be cherished and enjoyed by all forever. It is
with great pleasure that I tell you that the Land Preservation Committee and I both
recommend that the Town proceed with this important, significant, and I really don't
even know what other words to describe this wonderful property, purchase. Thank you to
the Town Board for proceeding with this and thank you, Jackie Bittner, for allowing this
to happen. Thanks.
3
SUPERVISOR RUSSELL: Thank you. Would anyone else like to come up and address
the Town Board?
CINDY ICKES: Good evening, I am Cindy Ickes. Just wanting to strongly urge you to
purchase this parcel. I think Jackie has been obviously instrumental in making this
available and I think along with all the other parcels that are pursued for the open space
acquisition, this is a particularly important piece in order to preserve open space and to
preserve area for wild animals and sensitive plants. Thank you.
SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up
and address the Town Board on this acquisition?
LILLIAN BALL: Hi, I am Lillian Ball, I am a member of the Land Preservation
Committee. I wanted to just say a couple of things about how special this place is. Many
of you already know that it is part of the maritime freshwater interdunal swale that runs
basically from Goldsmiths to Horton Point. In the Kenney's beach area, we have always
called it the Bittner place. It is a globally rare eco-system that is found in only five places
in New York state, it is the only one on the north fork. The other two are in East
Hampton and Fire Island. They are very rare and listed on the New York State
significant habitat maps. We don't even know what is there. we have never done an
inventory. We know it is pretty spectacular because adjacent properties have the iris
prismatica, which is endangered in New York State. Carnivorous sundew, native
cranberries and one of the guys from Cornell told me he found pink lady slippers in the
dunes. As Melissa told you, it is both a double dune system and an inter-dunal swale.
And it is, the beach is actually host to osprey and piping plovers have been found there
several times. So it is pretty special place. I, like Melissa, would like to thank all the
people who have been working so hard on this preservation. The Town Board, the Land
Preservation Committee and especially Melissa Spiro. She has been just relentless about
this for many years. The Peconic Land Trust, the Nature Conservancy and the
landowner. Especially the landowner, Jackie Bittner. This amazing opportunity doesn't
come along very often and I am so glad that Southold was able to take advantage of it.
Thank you.
Moeller/Bittner Property Acquisition Public Hearing
September 25,2007
SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up
and address the Town Board on this purchase?
4
LINDA GOLDSMITH: Hi, I am Linda Goldsmith and I want to say that I am delighted
that this property is going to be preserved. I had just a couple of questions that you
know, I feel like it is almost anti-climactic but you are not just, you are not just
purchasing development rights?
SUPERVISOR RUSSELL: No, it is ....
MS. GOLDSMITH: It is the whole thing?
SUPERVISOR RUSSELL: No, it is the ownership of the parcel.
MS. GOLDSMITH: Okay. And the town is responsible for the residential structure and
the removal of the bulkheading...
SUPERVISOR RUSSELL: Right.
MS. GOLDSMITH: And who will create the passive recreational purposes?
SUPERVISOR RUSSELL: Use? That would be up to a land stewardship committee that
we have in house, so that would be John Sepenoski, the Department of Public Works,
Land Preservation representatives; all that have a stake in that issue, will be at the table
and draft something probably similar to what we had passed this morning and I will show
you the ones that he did for Laurel Lake and two other parcels. That basically are to
provide public use but not to undo the very reason we are purchasing that property, which
is its fragile eco-system.
MS. GOLDSMITH: And that would be, it would be up to the Town not the county?
However that would be used or would that be a collaboration as well?
SUPERVISOR RUSSELL: The, because it is a county asset the county residents would
have use of that property. I believe, ifI am not mistaken, that the county will defer to us
on the land use recommendations.
MS. GOLDSMITH: Okay. Well, I think that is a wonderful purchase and I hope that the
Town continues to purchase as much waterfront as possible, even further east.
SUPERVISOR RUSSELL: Okay. Thank you, Linda. Mr. Carlin, I saw you had your
hand up?
FRANK CARLIN: Good evening, ladies and gentlemen of the Board.
COUNCILMAN WICKHAM: Good evening.
Moeller/Bittner Property Acquisition Public Hearing
September 25, 2007
MR. CARLIN: Nobody mentioned how much an acre that is. Per acre. Somebody tell
me? $13,294,000. ...how much is that an acre? On 58 acres?
5
SUPERVISOR RUSSELL: You are asking a guy without a calculator, so I am sorry I
don't have the answer but...
MR. CARLIN: Tell me. You got something up there, you can't tell me how much an
acre? You managed to tell me $13,000,000. (inaudible)
SUPERVISOR RUSSELL: It is about $250,000 an acre.
MR. CARLIN: Maybe $230,000 maybe?
SUPERVISOR RUSSELL: Possibly.
MR. CARLIN: That sound close enough?
COUNCILMAN WICKHAM: Yes.
MR. CARLIN: Well, thank you. I had to figure that out myself. You know, I am all for
land preservation, believe me. But when you get to start paying $230,000 an acre, I think
it is getting out of hand. That's a lot of money. I don't care where it is out. What do we
have out there, gold in the ground or something?
COUNCILMAN EDWARDS: Mr. Carlin, it is more than a quarter of a mile of frontage
on the Sound and that is what primarily influences the cost.
MR. CARLIN: What frontage is that going to everybody here, the seniors and everybody
else in this Town? Let me give you an example here. You have to support $1,464,000
right? Towards it? And the county is going to put the rest to it, is that right?
SUPERVISOR RUSSELL: Yeah, it is a split fee.
JUSTICE EVANS: No, no.
SUPERVISOR RUSSELL: We expect reimbursement.
MR. CARLIN: Where you getting that $I,464,000.?
COUNCILMAN WICKHAM: That is a federal grant that we believe can be applied to
this.
MR. CARLIN: Oh, you believe?
COUNCILMAN WICKHAM: Yes. Believe.
Moeller/Bittner Property Acquisition Public Hearing
September 25, 2007
MR. CARLIN: You don't know for sure?
6
COUNCILMAN WICKHAM: No, we don't know for sure. We haven't even bought it
yet.
SUPERVISOR RUSSELL: Let me just, we covered that issue at work session several
times as to, we know that it is our belief that we will get that money. We asked ourselves
the question 'Is this worth pursuing?' if that money doesn't come? And the answer was,
by all six of us, absolutely. Let me just tell you, Mr. Carlin, we have an opportunity from
time to time to pick up sound front, we have an opportunity from time to time to pick up
fragile eco-systems. We have an opportunity from time to time to pick up critical mass
but we have never had the opportunity to pick up all of it in one purchase. And this is
exactly what this represents. Sixty acres of absolutely pristine land with everything there
that the eye can imagine. And I know it sounds like a lot of money but preservation is an
expensive game. But not pursuing it is even more expensive in the long run.
MR. CARLIN: It sounds beautiful, Scott, it sounds beautiful, believe me. You really
sounded beautiful but if you don't get that grant, then the poor taxpayers are going to be
funding this $1,000,000. Who is going to get it?
SUPERVISOR RUSSELL: The taxpayers already voted to fund this with the Community
Preservation Fund. They already voted to fund this with Community Preservation Funds.
MR. CARLIN: Is that what it says in here?
COUNCILMAN WICKHAM: Yes. It is not done by the property taxes. It will be
financed through the Community Preservation Fund, which is the 2% transfer tax.
SUPERVISOR RUSSELL: That is the money specifically put aside that the voters
approved for preservation purposes.
MR. CARLIN: That come off the tax map?
SUPERVISOR RUSSELL: No, that, it comes off, it gets paid every time a closing takes
place in Southold Town. You pay that as part of your receiving fees when you are
receiving a deed to a new piece of property. Community Preservation Fund, they levy
the money at the County Treasurers office and then it gets distributed back to the Town.
It is not tax dollars that get levied out on the tax bill.
MR. CARLIN: But I am just saying, is there any income coming in for the Town for tax
revenue for that property like it would be before it was sold? That is what I am saying.
SUPERVISOR RUSSELL: Yeah, oh, yeah. We will certainly see this roll over to the
exempt portion of the roll but I can't imagine that the taxes right now, with one house in
poor condition are substantial. It is...
Moeller/Bittner Property Acquisition Public Hearing
September 25,2007
MR. CARLIN: You are buying that property for this money, now are you going to
improve on it?
7
SUPERVISOR RUSSELL: With passive recreation use only.
MR. CARLIN: Where are you going to get that money from?
SUPERVISOR RUSSELL: That would come from the stewardship that is allowed for in
the CPF, the Community Preservation Fund. We are allowed to earmark 10% of that
money to stewardship use.
MR. CARLIN: People got answers for everything, I will tell you.
COUNCILMAN WICKHAM: Isn't that nice.
MR. CARLIN: Sometimes, well anyway, forget it. Well, I'll tell you I can't see though
$230,000 an acre. Man. (Inaudible) for $30,000 or $40,000 but now you are going up
there, that is a lot of money. You have got senior citizens in this town here and are
moving out because they can't afford to even buy prescription drugs even. You guys are
spending that kind of money like it is going out of style. What is there? Gold? Come
on. I'll be back, regular. I got plenty to say tonight.
SUPERVISOR RUSSELL: Okay. Thank you.
MR. CARLIN: This is only a warm up for me. Okay.
SUPERVISOR RUSSELL: Okay. Thank you. Would anybody else like to address the
Town Board on this acquisition?
ALFRED KNAPP: Good evening. My name is Alfred Knapp and I live at 3425
Soundview Avenue, about two lots down, west of Bittner. And I have nine acres there. I
am just concerned, I think it is a wonderful idea what you are trying to do, I believe the
house should come down, I am just concerned about taking down the bulkheading, for no
other reason than I do have two little cottages right on the Sound and since, if you do take
down the bulkheading I feel that the status quo between the Goldsmith Inlet jetty and
Bittners bulkheading will adversely affect my property.
SUPERVISOR RUSSELL: Okay, that is an issue that you can come and we will sit down
and talk about that more thoroughly. It was my understanding that that jetty at this point
wasn't functional anymore because it was in poor condition.
MR. KNAPP: No, it is in excellent condition.
COUNCILMAN KRUPSKI: The jetty's are actually gone. They disappeared in, I am
familiar with it in my former life as a Trustee, been out there numerous times. The jetty's
are actually long gone but the bulkhead itself has been repaired every time it gets
Moeller/Bittner Property Acquisition Public Hearing
September 25,2007
destroyed. But that bulkhead, I don't think, sticks out enough to make an impact on
coastal erosion there. If you look down the beach, it is a pretty stable beach all the way
to the west.
8
MR. KNAPP: That is what I am concerned about. It has been fairly stable but...
COUNCILMAN KRUPSKI: But I don't, if you look at it, I don't think it is going to
have an impact if it is removed. But that is my opinion, I am not a coastal geologist
but.. .
SUPERVISOR RUSSELL: You know what? I would invite you to corne and sit down
with me and the Town Engineer and if Albert is available, and we will talk about that
issue but certainly we want to address it. Okay, thank you.
MR. KNAPP: Thank you.
SUPERVISOR RUSSELL: Would anybody else like to corne up and address the Town
Board on this purchase?
MS. BALL: I would like to address the gentleman that was concerned about the price.
In the Kenney's beach area we had recently a property that was 31. of an acre go for $1.3
million. So $230,000. - $250,000. sounds like a bargain to me for this globally rare eco-
system.
SUPERVISOR RUSSELL: I tried to get the guy down but he wouldn't take less than the
1.3 that I offered.
COUNCILMAN WICKHAM: I would like to add also, Mr. Carlin, that these numbers
are not numbers that the Town Board just keeps dreaming up. The are based on
appraisals done by professional appraising firms. So they are substantiated out there in
the market.
MR. CARLIN: Who was the appraiser?
COUNCILMAN WICKHAM: Who was the appraiser?
MR. CARLIN: Let me ask you a question, Torn.
COUNCILMAN WICKHAM: Excuse me?
MR. CARLIN: Let me ask you a question. When you sell this land preservation, do the
owners get a copy from the appraisers? An exact copy from the appraiser of that
property? Do they get it?
COUNCILMAN WICKHAM: I don't know the answer to that question.
Moeller/Bittner Property Acquisition Public Hearing
September 25,2007
MR. CARLIN: You don't up here? And you are selling property.
9
COUNCILMAN WICKHAM: Usually they don't but I don't think it....
MR. CARLIN: Why not? They are selling the property aren't they entitled to
appraisals?
SUPERVISOR RUSSELL: It is...
MR. CARLIN: Written appraisals?
SUPERVISOR RUSSELL: Those, no they are not actually. It is a negotiation issue when
you are entering into a contract. We have an appraiser, they presumably have one
themselves. But no, they are not entitled to the information that we are using to
formulate offers.
MR. CARLIN: Why?
SUPERVISOR RUSSELL: No more than when I sell my house, if someone wants to
offer me money, I don't have any inherent right to see what appraisal he got to decide to
buy my home. That is his business product. I can't interfere with that. It is my house, I
set the price at what I see fit and that is how negotiations go. But what we do to make
sure that we are paying reasonable prices is we have, I believe, at least two appraisals
done. In this particular case, probably more because the county was involved. There
were probably four different appraisals by four different professional appraisals.
MR. CARLIN: Who paid for them?
SUPERVISOR RUSSELL: We do, the county does. Who ever is ordering the appraisal.
MS. BALL: The Community Preservation Fund.
SUPERVISOR RUSSELL: Oh, yes. The CPF money we just talked about before is
usually something we use, again, part of the acquisition and stewardship program.
MR. CARLIN: Your comparing selling a house to selling taxpayers property that you
don't have to give a report to them for the appraisal.
SUPERVISOR RUSSELL: To the owner?
MR. CARLIN: Appraisal report to the owner. You are saying that you don't do it on a
house, you don't do it on property but you do it on a house....
SUPERVISOR RUSSELL: They are contracts. They are contracts. We are developing
contracts in the art of negotiation, why would you...
Moeller/Bittner Property Acquisition Public Hearing
September 25, 2007
MR. CARLIN: I will tell you one thing, I wouldn't want to sell any property if I was
going to sell it without having in my hand a written report from an appraiser.
10
SUPERVISOR RUSSELL: As a property owner you can go and get your own. That is
what the appraisal business is for.
MR. CARLIN: Alright. Okay, here we go to the next one. Do you get a, is the report
given from the Department of Health on this here? How about the environmental report?
You got all of them in there to make this legitimate?
SUPER VISOR RUSSELL: What would their role be?
MR. CARLIN: Yeah.
COUNCILMAN WICKHAM: SEQRA. We had a SEQRA environmental analysis
done.
MR. CARLIN: Is it in writing?
COUNCILMAN WICKHAM: Yes. It is in the file.
MR. CARLIN: Does that go to the owner?
COUNCILMAN WICKHAM: It is available.
SUPERVISOR RUSSELL: The SEQRA is a public document.
MR. CARLIN: Did you mention that to the owner that he is entitled to all that stuff?
COUNCILMAN WICKHAM: They are entitled to it.
MR. CARLIN: You know what I would suggest? I am going to finish this now because I
could go on. I suggest to these owners who are selling land preservation from now on to
make sure what they are signing for. Make sure they get all these attorneys that know
land preservation, not an ordinary attorney. Make sure they get these appraisal reports.
Make sure they get a report from the environmentalists. Make sure they get a report from
the Board of Health, all in writing and hand it to them. Because there is more involved in
this than you saying and I'd want to feel sorry for some of these owners, that they don't
do this.
SUPERVISOR RUSSELL: You know, I would also encourage the owner to make sure
they get a check for $13,294,000.
MR. CARLIN: (Inaudible) What is that now?
Moeller/Bittner Property Acquisition Public Hearing
September 25, 2007
SUPERVISOR RUSSELL: I said, I would also encourage the owner to make sure they
get a check for $13,294,000.
11
MR. CARLIN: Oh, I am sure they are gonna get a check because the way you guys are
buying these things, it must come very easy to you. anybody want to debate me at any
time, I have been in this town for 50 years, I know how the town operates. You are
welcome to it, any time.
GARY DOW: My name is Gary Dow and I wanted to comment against that. I work for
Prudential, Douglas, Elliman Real Estate in Southold. The current rates now on land now
at this point in time on a one acre lot are from $325,000 to $425,000 for a flank lot in a
field. Waterfront currently is going at a minimum of $750,000 an acre on the water to
$1,125,000. and these are comps that we have got that are currently; so an average price
on the water is $1,000,000 for lots being sold, for one acre. So this more than justifies
the price that is being paid for this property.
COUNCILMAN KRUPSKI: You can't...
MR. DOW: Seventy five percent discount.
COUNCILMAN KRUPSKI: You can't look at it just in context of price per acre, you
have to look at the map and you have to look at Goldsmith Inlet and you have to look at
Great Pond, which is Town owned and you have to look at the land that is preserved, not
only the environmentally sensitive of the land that is preserved there but also the land use
of the whole Sound front between those two water bodies, you look at the land, the
farmland to the south that has been preserved and you put together a whole picture of
what is an important parcel for the Town not to have that built out with houses. So it is
not so much that is just a 58 acre parcel by itself, you look at the whole picture and you
see that is important because it fits in with the rest of the area.
COUNCILMAN EDWARDS: I think it is also worth pointing out because of the
contribution from the county because of the contribution from the grant, that the cost to
the Town per acre is in the range of $95,000 per acre. Not $230,000 which is the total
amount.
MR. CARLIN: Nobody can build on that land, right?
SUPERVISOR RUSSELL: Not after we get it.
MR. CARLIN: It is an automatic nobody can build, right?
COUNCILMAN EDWARDS: Nobody.
MR. CARLIN: So all these years, that land has been there, right? No big deal. All of a
sudden now, you want to buy this thing. It is been there and it can't be built on, so what
are you getting all upset about buying it?
Moeller/Bittner Property Acquisition Public Hearing
September 25,2007
SUPERVISOR RUSSELL: It can be built on. We are buying it to prevent the
construction of that. It can certainly be built on, the family bought it and enjoyed it for
lots of years. And we were lucky that they left it in its pristine state. But it doesn't mean
that it can't be built on, it certainly can. That is why, and it is not, we didn't just decide
to buy it, they just decided to sell it to us and that is why the contract is now. this is
something the Town, I have to tell you Mr. Carlin, I agree with you on a lot of things.
How much we are paying now and the sum deals here that we have had over the past year
or two that I really went along with kicking and screaming because of the cost because it
is the value of what we are paying versus the value of what we are getting. This is the
one pie purchase price property that I didn't even have to think twice about. I am very
familiar with the property, I was an Assessor, I was on that property and this is the one
that I just thought was an absolute slam dunk for me. In terms of what we are getting, in
terms of what we were able to leverage our own money with county money, with possible
federal money. What we are getting in return for taxpayers and future generations, I just
don't think, this has probably been one of the most significant purchases in a long, long
time.
12
MR. CARLIN: What I am saying, Scott, oh, I don't understand this. I don't. what are
you, for that money, why not leave it the way it is? Now, wait a minute. Wait a minute.
You said it could be built on.
SUPERVISOR RUSSELL: Mmhhm.
MR. CARLIN: Why don't you change the zoning code that they can't build on it?
SUPERVISOR RUSSELL: Not without going to court and losing probably a judgment in
the amount of$13,294,000.
MR. CARLIN: You guys to court on all these little things....
SUPERVISOR RUSSELL: I can't just stop.
MR. CARLIN: You are always in court anyways so what is the difference?
SUPERVISOR RUSSELL: You can't, that is a, we can't just rezone things out of
existence because we want to protect it.
MR. CARLIN: Well, who makes the zoning code up? Don't the Town Board make the
zoning code up? Come on, Scott.
SUPERVISOR RUSSELL: And we have to honor our own code. And we zoned that
property at 2 acre zoning. We have a legal obligation to honor our own code.
MR. CARLIN: Scott, you know what amendment is? Amend something. You can
change something right? You do it all the time, that is what you have a Board of Appeals
for. I better stop because you can't follow me.
Moeller/Bittner Property Acquisition Public Hearing
September 25,2007
MS. SPIRO: I just wanted to point out that the property, when we started negotiating
with Jackie Bittner, the property was on the market and that the Planning Department had
received many serious inquiries about full development of that property, so it is not that it
was just being held like that forever. It was under threat of development.
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SUPERVISOR RUSSELL: That is right.
COUNCILMAN WICKHAM: Is anyone from the Bittner family here tonight? (No
response)
SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town
Board on this particular purchase? (No response) Okay.
* * * * *
n.:../.;I-) a.~
~;-~. Neville
Southold Town Clerk