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HomeMy WebLinkAboutSepenoski, John & PatSOUTHOLD TOWN BOARD PUBLIC HEARING July 29, 2008 4:55 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski Councilman Vincent Orlando Absent: Councilman William Ruland This public hearing was called to order at 5:50 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions o~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, July 29, 2008~ at 4:55 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 John A. Sepenoski and Patricia Sepenoski. Said property is identified as part of SCTM #1000-54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 45.9± 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 notice here that it has appeared as a legal in the local newspaper, it has also been posted out here on the Town Clerk's bulletin board. In the file there is a short Sepenoski DRE Public Hearing 2 July 29, 2008 environmental assessment form, duly signed and filled out. And what else do we have? That is all. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this acquisition? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, I Melissa Spiro, the Land Preservation Coordinator. Before I start I would just like to note for the record that this property is owned by relatives of John P. Sepenoski, who is currently the chair of our Land Preservation Committee and John has not participated in, been in any of the rooms or voted on anything to do with this project. As read into the record, this hearing is for the Town's purchase of a development rights easement on close to 46 acres of a 53.9 acre farm. The average farm in Southold is under 20 acres, this farm is over twice that size making it its own significant block of farmland. Preservation of this farm as you can see or can't see on this map up front, extends an already preserved block of farmland to the north. The farm is planted in potatoes and traditional row crops, as it has for I believe three generations. Majority of the farm contains good agricultural soil worthy of protecting for its continued agricultural use. The landowners are reserving eight acres for an easement. This area includes some but not all of the frontage on Old North Road. I think it includes about half that frontage. The reserve area is shown on the map in front with the dotted white lines. Once the Town purchases the easement, over 85% of the farm will be preserved for agricultural purposes in perpetuity. The purchase price is supported by the appraisal and the purchase will be completed using funds from the Community Preservation Fund. If all goes smoothly, it is expected that we will close on this late September, probably more likely in October. The Land Preservation Committee, with the exception of John Sepenoski, are in support of this project and we recommend that the Town Board proceed with the resolution to purchase this easement. Of course, as usual, the Town could not have proceeded with preservation without the landowners and I wholeheartedly thank the landowners for allowing us the opportunity to preserve this valuable farmland. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this particular acquisition? COUNCILMAN WICKHAM: Are the landowners here tonight? SUPERVISOR RUSSELL: I don't see them. Okay, let's close the hearing. This hearing was closed at 5:54 PM Southold Town Clerk Southold Town Board - Letter Board Meeting of July 29, 2008 RESOLUTION 2008-749 ADOPTED Iterq # DOC ID: 3930 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-749 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 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 property owned by John A. Sepenoski and Patricia Sepenoski on the 29th day of July, 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 #1000-54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 45.9:= acres (subject to survey) of the 53.9:5 acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; 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 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 Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended 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 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold Generated July 30, 2008 Page 67 Southold Town Board - Letter Board Meeting of July 29, 2008 purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by John A. Sepenoski and Patricia Sepenoski 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 #1000-54-3-24.1. The address is 1655 Old North Road the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York. The development rights easement comprises a part of the property consisting of approximately 45.9:i- acres (subject to survey) of the 53.94- acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners. 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. Town funding for this purchase is in conformance with 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 has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Orlando, Krupski Jr., Wickham, Evans, Russell ABSENT: William Ruland Generated July 30, 2008 Page 68 Southold Town Board ~ Letter Board Meeting of July 29, 2008 RESOLUTION 2008-744 ADOPTED Item # DOC ID: 3929 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-744 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 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 John A. Sepenoski and Patricia Sepenoski pursuant to the provisions of Chapter I7 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane, in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the development righ[s easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. 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 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town 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 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 [4 TO O] MOVER: Vincent Orlando, Councilman SECONDER: Louisa P. Evans, Justice AYES: Vincent Orlando, Thomas H. Wickham, Louisa P. Evans, Scott Russell Generated July 30, 2008 Page 49 Southold Town Board - Letter Board Meeting of July 29, 2008 ABSTAIN: ABSENT: Albert Krupski Ir. William Ruland Generated July 30, 2008 Page 50 #8931 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 24th day of July, 2008. Sworn to before me this LEGAL NOTICE NOTICE OF PUBliC HEARING NOTIC~ IS I~I~BY GIVEN that pursuant to the provisions of Chapter 17 (CommuniW Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, theTown Board of theTown of Southold hereby sets Tuesday. July 29. 2008. at 4:55 P.m.. Sou{hold Town Hall. 53095 Main Road. Southold. New York aa the time and olace for a mablic haarth~ fo~ the nurchase of a develot~ment rights pro~W ia identified as p~ a/$C'fM 45.~± acres (s~bject to survey) of the subject to a Town-provided survey ac- chase price is $80,000 (eighty thousand ~Clerk 2O08 CHRISTINA VOLINBKi NOTARy PUBLIC-STATE No. OF NEW YORK 01.V061050~0 QUallflecf In SUffolk County My Commission ExDires Febfuory 28, 20 ! 2 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, July 29, 2008, at 4:55 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 The Suflblk Times Page 2 of 2 easement on property owned by John A. Sepenoski and Patricia Sepenoski. Said property is identified as part of SCTM #1000-54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 45.9~+ acres (subject to survey) of the $3.9"+ acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the properly owners. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 45.9'.+ acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds~ ' The properly is listed on theTown's Community Preservation Project P an 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. Dated: July 15, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8931-1T 7/24 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR ~ /2~ PROJECT NAME, 3. PROJECT LOCATION: Municipality .~ ¢~ County % O~'J~ I I¢'~ 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5, PROPOSED ACTION IS: ~ New ~ Expansion ~ Modifi~tion/alteration 7, AMOUNT OF LANDCF~CTED: ~t~ ~ ~ Initially /i/ ~'¢ acres Ultimately acres 8. ~LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING ~ND USE RESTRICTIONS? ~Yes ~ No If No, describe briefly 9. ~Residentia, ~ Industrial ~ Commercial ~griculture ~ Par~ForesEOpen Spa~ ~ Other ~AT I PRESENT ~ND USE IN VICINITY OF PROJECT? Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDE~L, STATE OR LOCAL)? ~Yes Yes, agency(s) name and pe~iFapprovals: NO list 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ Yes ~ No If Yes, list agent(s) name and permiVapprovais: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY T. HA~T THE If~cO~RMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~ ! If the action is in the Coastal Area, and you are a state agency complete the Coastal Assessment Form before proceed ng w th this assessment J OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. ~*~ Yes [~No B. WILL 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, r-]Yes [~No COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. 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 Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain brieily: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources'~ Explain briefly: C5. Growth, subsequent development, or related ac~ivides likely to bo induced by the proposed action? Explain Phefly: O6. Long term, short term, cumulative, or other effects not identified in Ct-C57 Explain briefly: C7. Other impacts {including changes in use of either guanfity or type of energy)? Explain hdefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~F~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes E~ 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, impodant or otherwise significant. Each effect should be assessed in connection with its (a) setting (Lc. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibildy; (e) geographic scope; 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 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 have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL you EAF and/or prepare a positive declaration. ~D Check this box if you have determined, based on the information and analysis above and any supporling documentation, that the proposed action INIL£ NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Date Title of Res nsible Officer Signature of Preparer (If d~ferent 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 Tuesda¥~ July 2% 2008, at 4:55 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 John A. Sepenoski and Patrieia Sepenoski. Said property is identified as part of SCTM #1000-54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982'feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9-- acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 45.9± 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. Dated: July 15, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JULY 24, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 117% SOUTHOLD, NY 11971. Copies to the following: The Suflblk 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 tl~e Town of Southold, New York being duly sworn, says that on the I~ day of [~fl,...Ox~ ,2008, she affixed a notice of which the annexed printed notice is a due COl~, 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. PH for Sepenoski property July 29, 2008 at 4:55 p.m. ff__)~liza¢~th A'. Neville Southold Town Clerk Sworn before me~h!sh ~ day of ~C~Lt~ ~ 2008. ~ Notary Public LYNDA M. BOHN NOTARY PUBLIC, State of New ~ NO. 01 B06020932 Qualified in Suffolk Coun~ Term Expires March 8, 20 ..~ Southold Town Board - Letter Board Me ng of July 15, 2008 RESOLUTION 2008-671 ADOPTED Item # DOC ID: 3928 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-671 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 15, 2008: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the To~vn Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 29~ 2008~ at 4:55 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase ora development rights easement on property owned by John A. Sepenoski and Patricia Sepenoski. Said property is identified as part of SCTM #1000-54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 45.9± 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. Generated July 17, 2008 Page 17 Southold Town Board - Letter Board Meeting of July 15, 2008 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO O] t4OVER: Vincent Orlando, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Wickham, Evans, Russell ABSTATN: Albert Krupski Generated July 17, 2008 Page 18