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HomeMy WebLinkAbout1000-9.-8-2 ./ KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTH OLD To: Melissa Spiro, Land Preservation Coordinator Land Preservation Department From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: August 4, 2006 Re: Proposed Fee Title Purchase of FITF LLC SCTM #1000-9-8-2 Zoning District R-80 The proposed action involves the fee title purchase of 2.4 acres of a 3.39 acre parcel owned by FITF LLC, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above. ,.. , Town of Southold L WRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of South old Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold' agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of South old Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the L WRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listine: both snpportine: and non- supportine: facts. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of South old's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION 'k, .IIl'k:.""",~i.~",~';,"'i..:,.~-""';,.--i;':;',iw" .'$'~.Ii!!'i"~lJ.Ol\.q'..,....',. r SCTM# 9 g 2.. lE G~ 0.-. Ie ~ 1>1 r~ ij U;! 6 PROJECT NAME c... -, 'her c, I \0."--.\ The Application has been submitted to (check appropriate response): Town Board f)(I Planning Board G Building Dept. G Board of T IL.~'\'''~(~ ~. Category of Town of Southold agency action (check appropriate respoitseJc~~''''~~_." .J , , I , ....J SOllh'" , 13 '", :~~:<_~ '':::':. ~ i..; ......_..""_",..."".e,,"".......-J~ 1. (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ~. G (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: G Nature and extent of action: (\ ~~ 'rUfC"-c.y -'rc,f I ~ ~ ~{i?os.<'>. 0-+ :;,1-(1. Ctc(-'S 0.( 3::2"1 CttN Ffc.J. ," Location of action:_1( ~ ru 0 ,11 ~<-\ J ...... Site acreage: Q. '-\ - c..ef.t <; Present land use: V C( C ~ --- \:-~';,\"-<fc..., \";:,\",lV{ - Present zoning classification: 'R . B 0 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone nwnber: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D NoD If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of South old that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation criteria. ~Yes D No D Not Applicable ('PSefll-('" c~ ~"'-c:..e. A\\.,..,,~ eor........, -t;:;- U.>~'Z'. {YI ; ,,; M: ""< ~ c.&.u..e {..... ~ {:.(i,c\.., o.f. be~o?~ Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Cd Yes Cd No [8 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ca No ca 'l?rd..ec:...... ~~:c Not Applicable fe ~ 0 ..,i"<.QA Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes ca No ca Not Applicable ~r~e""<;, C.S-~F>.. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ca Yes ca No 0NotApplicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of South old ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~es ca No ca Not Applicable ./ ~rb~ c.1.-<, u.l-<~~ CVN.\ C D....,~cJl c..rt.... Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ca Yes ca No rn Not Applicable Attach additional sheets if necessary Policy 8. Minimize enviroumental degradation in Town of South old from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ca Yes D No [:stl Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes D No ca Not Applicable j:I,\\"",s .Go<"l. <\.rc..l s( t (o<.<;\cJl. ~QS Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through S6 for evaluation criteria. G Yes D No [1j Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages S7 through 62 for evaluation criteria. G Yes D No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricuIturallands in the Town of South old. See L WRP Section III - Policies; Pages 62 through 6S for evaluation criteria. G Yes D No [ij Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 6S through 68 for evaluation criteria. G Yes D No ~ Not Applicable PREPARED BY If),f fA-- )1/'lJ TITLEL,J Pr"s {;OI1. DATE 8/S/0b Amended on 8/1/05 , TDFt 20'7~ SU~rYli rh d AUG - 3 2000 RESOLUTION FOR August 9, 2006 FI TB MEETING I :50 p.m. public hearing Resolution for open space acquisition FIrF, LLC to Town of Southold Part ofSCTM# 1000-9-8-2 WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of the property owned by FIrF, LLC on this 9th day of August, 2006, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-9-8-2 and is located on Reservoir Road at Silver Eel Cove, Fishers Island, New York, approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island; and WHEREAS, the open space acquisition is for fee title of approximately 0102.4 acres (subject to survey) ofthe 0103.29 acre parcel that is located within the R-80 zoning district. The acquisition is subject to and contingent upon several conditions, including, but not limited to, subdivision of the R-80 portion from the existing MIl portion, ZBA variances, rezoning of the MIl portion to R-40, and restrictions on the future residential structure to be located on what is now the MIl zoned area of the property; and WHEREAS, this property has been offered for sale below fair market value to the Town of Southold as open space waterfront property. The purchase price for this open space acquisition is $770,000.00 (seven hundred seventy thousand dollars) plus acquisition costs. The seller may claim a bargain sale; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its exceptional scenic value, undeveloped beachland and shoreline. The purchase ofthe acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, undeveloped beachlands and shorelines; and WHEREAS, uses of the property will be limited to passive recreational uses in a manner consistent with the environmentally sensitive nature of the property; and WHEREAS, the purchase of this property is in conformance with the provisions 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 , , . (L WRP) and the L WRP Coordinator has determined that this action is consistent with the L WRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of South old, Section 117-5, the Land Preservation Coordinator and the Town Board have determined than no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for the purpose of the preservation and protection of open space, scenic values, undeveloped beach1ands and shorelines; now, therefore, be it 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 elects to purchase the property owned by FITF, LLC. Said property is identified as part of SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title of approximately ,",2.4 acres (subject to survey) of the ,",3.29 acre parcel that is located within the R-80 zoning district and is subject to and contingent upon several conditions, including, but not limited to, subdivision of the R -80 portion from the existing MIl portion, ZBA variances, rezoning of the MIl portion to R -40, and restrictions on the future residential structure to be located on what is now the MIl zoned area of the property. The purchase price for this open space acquisition is $770,000.00 (seven hundred seventy thousand dollars) plus acquisition costs. The seller may claim a bargain sale as the purchase price is below fair market value. Town funding for this purchase is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code. Uses of the property will be limited to passive recreational uses in a manner consistent with the environmentally sensitive nature of the property. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island.