HomeMy WebLinkAboutLP-10/14/2008LAND PRESERVATION COMMITTEE MEETING
Minutes of Meeting held
Tuesday, October 14, 2008 at 7:00 p.m.
Members Present: John Sepenoski, Chairman Chris Baiz Eric Keil (7:15 p.m.)
Ray Huntington Lillian Ball
Members Absent: Monica Harbes Michelle Zaloom
Also present: Melissa Spiro, Land Preservation Coordinator
Melanie Doroski, Land Preservation Secretary
Al Krupski, Town Board Liaison
Keith Koppelman, landowner
Timothy J. Caufield, Vice President Peconic Land Trust
Stephen Searl, Peconic Land Trust
Commencement:
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The meeting began at 7:09 p.m. with four LPC members present.
Adoption of Meeting Minutes:
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Acceptance of meeting minutes from July 29, 2008, August 26, 2008, September 16, 2008, and
September 30, 2008
MOTION made by Ray Huntington, seconded by Eric Keil, to adopt the July 29, 2008 meeting
minutes.
Motion carried: 5/0
MOTION made by Ray Huntington, seconded by John Sepenoski, to adopt the August 26, 2008
meeting minutes.
Motion carried: 5/0
MOTION made by Chris Baiz, seconded by Lillian Ball, to adopt the September 16, 2008 meeting
minutes as amended.
Motion carried: 4/0 (Eric Keil abstained)
MOTION made by Ray Huntington, seconded by Chris Baiz, to adopt the September 30, 2008
meeting minutes.
Motion carried: 4/0 (Lillian Ball abstained)
General Land Preservation Item:
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LPC member recommendation for policy for LPC recommended purchase price due to current
economic situation (per Ray Huntington)
MOTION made by Ray Huntington that due to uncertainty created by current financial stress, all
amounts suggested by the LPC for purchase of development rights or fee title shall be limited to 75%
of the price trend recently established. This limitation to be immediately effective after Town Board
LPC policy acceptance (on parcel not yet brought to LPC vote) and shall exist until July 2009.
Motion not seconded.
Lengthy discussion ensued.
It was noted that the Town has funds to continue preservation efforts and that it was appropriate that
the Committee was discussing the preservation effort process in light of the current economic
situation.
It was noted that it is assumed that appraisers are adjusting for economic situation. It was discussed,
and agreed, that LPC should continue to make sure that appraiser is contacted if there is any lag in
time of receipt of appraisal and time of offer to ensure that appraisal supports offer.
It was noted, and agreed, that the Committee must continue to take a hard look at each proposed
acquisition to make sure that the particular acquisition is important to the Town’s preservation efforts
and that it achieves the town’s preservation goals, and that during the initial review, the committee
needs to continue and strengthen the current decision making process as to whether the project is
worthy of preservation and, if so, at what cost (full appraised value or below appraised value).
General consensus of members was to not make generalized limit in purchase price offered as
proposed in the Motion made by Committee member Ray Huntington.
Applications and Inquiries:
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FICNER PROPERTY
SCTM #: 1000-95-4-6.1 Zoned: A-C
Location: 7990 Oregon Rd, Cutchogue CPF: Yes
Total Acreage: 8.3808 acres (survey) Subdividable: Yes
Proposed PDR: 6.5443 acres (survey)
Reviewed status of application.
Preliminary survey, dated 9/25/08, as prepared by John Ehlers was reviewed. Survey shows 80,000
sq ft Reserve Area. Easement Area includes 25’ on Oregon Road. LPC gave approval to Reserve
Area as shown.
Melissa discussed purchase of development rights easement with Planning Board at 10/14/08 work
session. Melissa explained, that as per her calculations, this would meet conservation subdivision
requirements if landowners were to come in to subdivide 80,000 sq ft area from the farm area.
Planning Board agreed to note this in the parcel’s file and in the Planning Board’s tracking system
should the landowners go before the Planning Board with a subdivision application in the future.
Once survey corrections have been made, Ficner project will be ready to close title.
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SEPENOSKI PROPERTY (Old North Road)
SCTM #: 1000-54-3-24.1 Zoned: A-C
Location: 1655 Old North Rd, Southold CPF: Yes
Total Acreage: 53.7202 acres (survey) Subdividable: Yes
Reviewed Environmental Assessment Form & Reviewed Status of Application.
John Sepenoski absented himself from this discussion due to family connection.
The Sepenoski intentions are to reserve an 8 acre area. Landowners may apply for subdivision of the
Reserve Area into 4 building lots; however, no plans to do this now. Melissa working with Planning
Board to make sure that if all Code and Zoning requirements remain the same, that future application
for a subdivision of the Reserve Area will qualify as a conservation subdivision.
Melissa reviewed survey with LPC. Survey shows a right-of-way of unknown width along westerly
boundary. Area within right-of-way is considered unbuildable land and thus this area is subtracted
from the purchase price. Melissa & Melanie spent time looking through old surveys, title reports, and
deeds of adjacent property owners regarding this right-of-way, but all documentation relating to the
right-of-way is non-descript. Since the right-of-way length and width remains undefined, the
Committee members are in favor of calculating the right-of-way acreage area using a width of 16’ by
the length of the western boundary along which the deeded right-of-way runs. Melissa will review this
with legal counsel as 25’ may be required to allow for potential subdivision of the lot to which the
right-of-way provides access.
Environmental report dated August 22, 2008, noted potential environmental conditions on the
property. Ray, Chris, Melissa, Melanie, together with Sepenoski family members – Patricia
Sepenoski, Kristen Rishe and John P. Sepenoski – walked the property on October 3, 2008. There
were 4 different types of vehicles and items noted on the property and photos were taken of the
numerous vehicles, equipment, etc. located within the easement area and categorized as follows:
1) non-agricultural items;
2) non-working agricultural vehicles/equipment which have been used for parts and which the
landowner intends to remove or have removed from the site;
3) non-working agricultural vehicles/equipment used for parts; and
4) working agricultural vehicles/equipment.
The landowners were asked to review the photographs taken at the site visit and to mark the subject
items with either a “1” representing all non-agricultural items they planned to remove prior to closing
or a “2” to represent all items they intended to remove as time permits. All items not marked were
assumed to be within the above mentioned categories “3” or “4.”
Marked photographs were reviewed by LPC members. The Committee determined that the existing
vehicles and items were not an environmental concern and that many were stored on the site as they
had been for years, for purposes of parts. It was agreed upon that non-agricultural items must be
removed prior to closing and non-working agricultural items (or scrap) to be removed within a five
year time farm.
MOTION made by Eric Keil, seconded by Lillian Ball, to direct Melissa Spiro to contact the Sepenoski
Family and instruct them to remove all non-agricultural items (Category 1) prior to closing.
Motion carried: 4/0
MOTION made by Ray Huntington, seconded by Chris Baiz, to direct Melissa Spiro to contact the
Sepenoski Family and instruct them that all non-working agricultural vehicles/equipment which have
been used for parts and which outlived their usefulness for parts for agricultural production (items
marked with #2) must be removed from the easement area within a five (5) year time period from the
date of closing. In addition, any additional items currently not marked (#3 or #4 category) that become
a category #2 item, within, and after, the 5 year time period, must be removed from within the
easement area. Receipts for removed items should be kept to be presented during yearly site
inspections by the Land Preservation Committee and/or Land Preservation Department Staff.
Easement language is to reflect this stipulation.
Motion carried: 4/0
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WESNOFSKE PROPERTY
SCTM #: 1000-69-4-8.1 Zoned: A-C
Location: s/s CR 48, Peconic CPF: Yes
Total Acreage: ±8.235 acres PDR Acreage: ±6 acres
Reviewed Environmental Assessment Form & Reviewed Status of Application.
John Sepenoski absented himself from this discussion since situation similar to that of his family’s
application.
Environmental concerns noted in Phase I ESA report dated October 2, 2008, were abandoned
equipment and raised soil mound (possible debris burial). Ray, Melissa & Stephen Searl did a site
visit to the Wesnofske Farm and photos were taken of areas of environmental concern. LPC
discussed site visits and reviewed photographs. It was concluded that the raised soil areas were most
likely caused by typical farming practices in conjunction with the fact that this area of the property
used to be a nursery. Committee decided that no further investigation necessary.
MOTION made by Eric Keil, seconded by Lillian Ball, to direct Melissa Spiro to instruct the contract
vendee, Eugene Wesnofske, to remove all non-agricultural items, including 3 abandoned fuel oil
tanks and a drum prior to closing.
Motion carried: 4/0
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KOPPELMAN PROPERTY
SCTM #: 1000-31-7-7 Zoned: R-40
Location: 8740 Rt 25, East Marion CPF: Yes
Total Acreage: 6.43 acres Subdividable: Yes
Open Space Application
Update re: discussion with landowner [executive session if offer discussed].
Melissa provided background information and status on Randy Parsons’ (The Nature Conservancy)
outreach to an adjacent property owner. She then invited Keith Koppelman to join the discussion.
Keith Koppelman, as the property owner, made his presentation to the Land Preservation Committee
listing 10 reasons why he felt the committee should consider and recommend to the Town Board that
the Town purchase fee title to his property, accentuating the open space and wetlands preservation
value, scenic preservation of Marion Lake, nature trails and public parkland within the Hamlet of East
Marion.
The members entered into EXECUTIVE SESSION.
MOTION made by Chris Baiz, seconded by John Sepenoski, to direct Melissa Spiro to present a
recommendation to the Town Board to purchase fee title to the Koppelman property for open space
preservation purposes provided the appraiser is contacted to make sure that the August 2008
appraisal still justifies the committee’s recommended purchase price offer as of 10/14/08 and subject
to review by Town Board prior to making offer.
Motion carried: 5/0
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C.W. FRANCIS & SON, INC. PROPERTY (Orient Reserve)
SCTM #: 1000-19-1-14.7 Zoned: R-80/R-200
Location: 32400 Rt 25, Orient CPF: Yes
Total Acreage: 26.5 acres (GIS 26.8 acres) Subdividable: Yes
PDR application.
Update re: meeting with Melissa Spiro had with landowner and letter from landowner.
[executive session – offer subject of meeting/letter]
Landowner questioned Land Preservation Committee’s purchase offer and limitation and location of
agricultural structure area as presented by committee. He disagreed with appraised value in that the
Town’s appraiser did not take into consideration water views. Melissa asked appraiser to re-review to
determine if water view adjustment applicable. Appraiser determined that water view applicable and
submitted revised development rights value. LPC reviewed revised appraisal value.
MOTION made by John Sepenoski, seconded by Chris Baiz, to direct Melissa Spiro to present a
revised purchase offer for a development rights easement on agricultural land owned by C. W.
Francis & Son, Inc. Although landowner’s proposal is for 3 lot conservation subdivision, LPC made
offer for a 1 building envelope proposal as follows: 3 acre reserve area at the north end of the
property; agricultural structures restricted to the area within the R-80 zoning district and limited 2% lot
coverage; and a Covenant and Restriction on the 3 acre reserve area prohibiting subdivision of the 3
acre building envelope from the preserved farm area. The purpose of this acquisition will be for
farmland protection and scenic protection.
Motion carried: 4/1 (Ray Huntington)
END OF EXECUTIVE SESSION
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PEKUNKA PROPERTY
SCTM #: 1000-53-1-6.1 Zoned: LI
Location: 475 Pipes Neck Rd, Greenport CPF: Yes
Total Acreage: 11.61 acres Subdividable: Yes
Fwet: 7.63 ac
Open Space Application
Discussed additional information from landowner.
Not discussed due to time constraints. To be discussed at next scheduled LPC meeting.
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VENETIS PROPERTY
SCTM #: 1000-59-3-26.1 Zoned: A-C
Location: 42495 Rt 48, Southold CPF: Yes
Total Acreage: 17.9 acres (GIS 17.34 acres) Subdividable: Yes
FWet: 1.68 acres
Reviewed new application.
Not discussed due to time constraints. To be discussed at next scheduled LPC meeting.
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ACKERMANN PROPERTY
SCTM #: 1000-108-3-7 Zoned: A-C
Location: 13936 CR 48, Cutchogue F/Wet: 0.6
Total Acreage: 57.60 acres (GIS 56.15 acres) M/Wet: 0
CPF: Yes Subdividable: Yes
Update [executive session if potential offer discussed].
Not discussed due to time constraints. To be discussed at next scheduled LPC meeting.
General Items:
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LPC MEMBER RECOMMENDATION FOR POLICY FOR ADDITIONAL INFORMATION TO BE
INCLUDED WITHIN STAFF REPORT (per Ray Hungtinton)
Melissa and Melanie will try to supply more detailed property records information provided the
information can be obtained from Town’s departmental records.
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MELISSA SPIRO’S CONFIDENTIAL STATUS REPORT [executive session]
Not prepared for meeting.
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Suffolk County Farmland Committee Meeting (9/23/08) – update by Melissa Spiro
Not discussed due to time constraints. To be discussed at next scheduled LPC meeting.
Informational:
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HEANEY property donation – Town Board public hearing set for Tuesday, October 21, 2008 at
4:55 p.m.
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DICKERSON property donation – Town Boar public hearing set for Tuesday, October 21, 2008 at
5:00 p.m.
Next Regular Meeting:
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The next regular meeting will be held on Tuesday, October 28, 2008, at 7:00 p.m., in the Town Hall
Conference Room.
Adjournment:
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The meeting was adjourned at 10:42 p.m. by the five attending members.
Respectfully submitted by Melanie Doroski, Land Preservation Committee Secretary