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HomeMy WebLinkAboutCharnewsSOUTHOLD TOWN BOARD PUBLIC HEARING May 20, 2008 4:40 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Kmpski Councilman William Ruland Councilman Vincent Orlando COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, May 20, 2008, at 4:40 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Peconic Land Trust, Incorporated, and being formerly known as the Charnews property. The property is identified as part of SCTM #1000-63-1-25. The address is 3005 Youngs Avenue in the R- 80 zoning district and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19.4± acres (subject to survey) of the 23.4± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The pumhase price is $80,000 (eighty thousand dollars) per buildable acre for the 19.4± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a certification here that the Town Clerk has posted it on the Town Clerk's bulletin board outside and that it has appeared as a legal notice in the Suffolk Times newspaper. Those are the only comments that I have in the file. Public Hearing May 20, 2008 2 Chamews DRE SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this proposed acquisition? MELISSA SPIRO, LAND PRESERVATION COORDiNATOR: I am Melissa Spiro, Land Preservation Coordinator for the Town of Southold. I apologize for the map, we seem to be missing our easel. Although the legal address for this farm is YOungs Avenue, I just want to point out that the farm also has frontage, quite a bit of it, on Horton's Lane. The Peconic Land Trust after reviewing the potential for the Town to purchase the development rights easement on this farm with the Land Preservation Committee, purchased the farm from the Chamews family a few weeks ago with the intent to sell the development rights to the Town and that is what we are here tonight for. The Peconic Land Trust will be speaking in a few minutes about what they intend to do with the farm. The farm has excellent agricultural soils, it is fallow fight now but it was a farm for a very long time. The Land Preservation Committee reviewed the farm in conjunction with the existing preserved land in the area and they decided to recommend that the Town Board purchase the development rights on the farm with some additional scenic restrictions with regard to the placement of any future agricultural structures. There will be a designated agricultural structure reserved area, not reserved area but area designated on the farm to preserve the scenic component of the farm. Both the committee, the Land Preservation Committee and I support the preservation of this farm in order to preserve viable farmland, to preserve the scenic view shed and the community character of the Southold hamlet. Thank you. SUPERVISOR RUSSELL: Thank you. STEPHEN SEARL: Hi. Stephen Searl, project manager with Peconic Land Trust. Just a couple of words about this, a few brief words. This is going to be, this farm is going to be incorporated into our farmland access program and I wanted to sort of tell the Board a little bit more about that. Again, we have turned a comer, the Land Trust has and while we are still working on preserving land, we are also working on keeping it in production. We are working with farmers and non farmers to try to keep farmland in production. We are battling, I think an increase in restricted land values which many of you are aware of. We are trying to enhance both the diversity of farms and farmers. We are preventing estate farms and trying to retain working landscapes. And we are trying to provide an opportunity in the long term trends for new farmers. We are concerned about who is going to be farming in these next few generations, so we would like to try to help start up any new farmers begin farming. We have done this in Cutchogue, we have bought a farm, we also bought two parcels, which is a farm in Mattituck. And we are working in the Towns of Riverhead, Brookhaven and on the south fork in a number of different projects to advance this program. And the program really is to keep farmland affordable and accessible to both start up and establish farmers. This opportunity in particular came up and we thought that it was a good one in part because it was a whole farm, it was a good location, it has access to two roads in terms of market, farm market. It is surrounded, there is actually quite a bit of Peconic Land Trust preserved lands nearby, just across the streets and on Horton's and across the street on 48. And there might, in the short term, we will probably be leasing it to a farmer. In the longer term, we hope Public Hearing May 20, 2008 Chamews DRE ideally to hold onto the farm and if we can, if we can raise the money, if we can do the fund raising to do that and possibly, obviously keep it in production but also perhaps to have an educational component, where we can link the community to the farming, link the Town of Southold to the farming community and so strength that bond. Thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up and address the Town Board on this acquisition? (No response) Hearing none. JUSTICE EVANS: I move we close the hearing. Elizabeth A. Neville Southold Town Clerk Southold Town Board - Letter Board Meeting'of May 20, 2008 RESOLUTION 2008-540 ADOPTED Item # DOC ID: 3894 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-540 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20, 2008: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of proper ,ty owned by Peconic Land Trush Incorporated~ and formerly known as the Charnews property,, on the 20th day of May, 2008, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) 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 #1000-63-1-25. The address is 3005 Youngs Avenue, Southold, New York, in the R-80 zoning district, and located on the westerly side of Youngs Avenue, approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold; and WHEREAS, the proposed acquisition is for a development rights easement on part of the property consisting of approximately 19.4± acres (subject to survey) of the 23.4± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and Generated May 22, 2008 Page 49 Southc~!d Town Board - Letter Board Meeting of May 20, 2008 WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consi_~cncy Review) of the Town Code and I,{,cal Waicrt¥ont Revitalization Program il,Wi{P) and the L~RP Coordinator has recommended to the Town Board that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WItEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the 3evelopment rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of So,~thold hereby elects to purchase a development rights easement on property owned by Peconic Land Trust, Incorporated, and being formcrl3 known as the Charnexvs property, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-63-1-25. The address is 3005 Youngs Avenue, Southold, New York, in the 1t.-80 zoning district, and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19.44- acres (subject to survey) of the 23.44- acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. To~vn funding for this purchase is in conformance with Generated May 22, 2008 Page 50 t Southold Town Board - Letter Board Meeting of May 20, 2008 the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) 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 the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 0] MOVER: Louisa P. Evans, Justice SECONDER= Thomas H. Wickham, Councilman AYES= Ruland, Orlando, Wickham, Evans, Russell ABSTAIN= Albert Krupski Jr. Generated May 22, 2008 Page 51 Southold Town Board - Letter Board Meeting of May 20, 2008 RESOLUTION 2008-538 ADOPTED Item # DOC ID: 3893 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-538 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20, 2008: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Peconic Land Trush Incorporated~ and being formerly known as the Charnews property, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-63-1- 25. The address is 3005 Youngs Avenue, Southold, New York, in the R-80 zoning district, and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19.4± acres (subject to survey) of the 23.4, acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED 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. l et. Seq.; be it further RESOLVED by the Town Board of the Toxvn of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; 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 Generated May 22, 2008 Page 44 Southold Town Board - Letter Board Meeting of May 20, 2008 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 0] IqOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Wickham, Evans, Russell ABSTAIN: Albert Krupski Jr. Generated Ma)' 22, 2008 Pa? 45 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Project Sponsor) 3. PROJECT LOCATION: Municipality ~--~C)~-'~ ~. ~ County S~_~"~ -'~ ~,~'- 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) ,c.~.---~= IOOO - g~ - ~- 2.5 5. PROPOSEDACTION rS: ~ New ~ Expansion ~ Modifl~tion/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. Initially [ ~ ~ acres Ultimately /~ ~ ~ acres AMOUNT OF ~N FFECTED: ~ 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~ Yes [] No If NO, describe briefly g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [~' Residential [] Industhal [] Commercial Describe: [~Agdculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [__J Yes L~ No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTrON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? LJ Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes ~-]No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE, BEST OF MY KNOWLEDGE Applicant/sponsorname: m-~'~,'SSA, S~'~c~, Lq~'~-"~(e~. C~,~ Dale: ~/~/0~ tho action i~ in the Coastal ~r,a and you aro a ~tato a~oney, complete tho Coa,ta ~m~nt Fo~ beforo proeeodin~ with thi~ a~o~,ment PART II - IMPACT ASSESSMENT (To be completed by Lead A~lency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~Yes []No B. WlLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. E~Yes r'~No COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthefic, agricultural, archaeological, histodc, or other natural or cultural resources; or community or neighborhood character? Explain bdefiy: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? E×plain briefly: C4. A communily's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain brioflg: ¢5. G~h, subsequent development, or related actMties likely to be induced by the proposed action? Explain briefly: C6. Long term, short term. cumulative, or other effects not identified in Ct -C57 Explain briefly: C7, Other impacts (induding changes in use of either quantity or type of energy)? E×plain bdefly: D. W~LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~r'~ No If Yes, explain briefly: E. ~S THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [~No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with ire (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (0 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 D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF 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 determinatior C"-----'~ o'"~J[" ,.._~ ~fsL~.d~.~gency Print or ~Re~gency Sigrf~re of Responsible Officer in Lead Agency '-~/'~'/(~ D~ate Title of R.e~ponsible Officer ~igbaf'ur-e of Preparer (If ~fferent from responsible officer) LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, 'the Town Board of the Town of Southold hereby sets Tuesday, May 20, 2008~ at 4:40 p.m, Southold Town Hali~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Peconic Land Trust, Incorporated~ and being formerly known as the Charnews property. The properly is identified as part of SCTM #1000-63-1-25. The address is 3005 Youngs Avenue in the R-80 zoning district and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19.4± acres (subject to survey) of the 23.4± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 19.4:t= acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The properly is listed on the Town's Community Preservation Project Plan as properly that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in 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: May 6, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON May 15, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The 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 of the Town of Southold, New York being duly sworn, says that on the t~ day of ~(~O.a.~ ,2008, she affixed a 0 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 Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Chamews Public Hearing 5/20/08 4:40 pm l~izabeth A. Neville Southold Town Clerk Sw~m before me this ~ day of ~ ,2008. - l~otary ~ublic Southold Town Board - Letter Board Meeting of May 6, 2008 RESOLUTION 2008-489 ADOPTED Item # DOC ID: 3837 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-489 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 6, 2008: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ May 20~ 2008~ at 4:40 p.m.~ Southold Town Hall~ 53095 Main Ro~d~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Peconic Land Trust~ Incorporated~ and being formerly known as the Charnews property. The property is identified as part of SCTM #1000-63-1-25. The address is 3005 Youngs Avenue in the R-80 zoning district and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19.4=t: acres (subject to survey) of the 23.4± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 19.4± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved duc to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO O] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Wickham, Evans, Russell ABSTAIN: Albert Krupski Jr. Generated May 9, 2008 Page 47 #8827 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 1__ week(s), successively, commencing on the 15th day of May, 2008. Principal Clerk Sworn to before me this L~GAL NOTICE NOTIC~ Olt PU~iC IIEA~NG NOTICE ~ ~V ~ ~at Chapter ~0 ~ic~tural ~ds) ogthe cha~ pd~ ~ ~,~ (ei¢~ ~ous~d ';HRISTINA VOLINSKI ;,'.., t dBLIC-STATE OF NEW YORK ,qO. 01-VO6105050 ~ 31Jfled In Suffolk County ~r, ml#lOn Expires February 28, 2012 Charnews N PECONIC LAND TRUST Prepared By: Dawn Liubenov; 20 March 08 the Lands of Charnews Regional Location Map Town of Southold Suffolk County, New York