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HomeMy WebLinkAboutLL 2008 #13DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99WASHINGTON AVENUE ALBAHY, NY 12231-0001 LORRAINE A. CORT~S-VAZQUEZ SECRETARY OF STATE Lynda M Rudder Deputy Town Clerk Town Hall 53095 Main Road PO Box 1179 Southold NY 11971 October 10, 2008 RECEIVED OCT 1 7 2.008 Southold Town Clerk RE: Town of Southold, Local Law No. 13, 2008, filed on October 3, 2008 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state, n¥.us/corp/misc.html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US E-MAIL: INFO,DOS.STATE.NY.US SOUTHOLD TOWN BOARD PUBLIC HEARING September 23, 2008 4:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr Councilman William Ruland Councilman Vincent Orlando Town Attorney Patricia Fiunegan Town Clerk Elizabeth Neville COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of August, 2008 a Local Law entitled "A Local Law in relation to Updating the Community Preservation Pro,ject Plan" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 23rd day of September, 2008 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Updating the Community Preservation Project Plan" reads as follows: LOCAL LAW NO. 2008 A Local Law entitled, "A Local Law in relation to Updating the Community Preservation Project Plan". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following five (5) properties listed in the attached Exhibit, totaling approximately 24.07 acres, are proposed to be added to the List of Eligible Parcels included in the Community Preservation Project Plan. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, establishment of parks, nature preserves and recreational areas, preservation and protection of open spaces, agricultural lands and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. Update Community Preservation Project Plan Public Hearing September 23, 2008 II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: 2 § 17-13. Community Preservation Project Plan adopted. A. For the reasons set forth in § 1%12 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town's Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds one hundred ninety four (194) parcels totaling approximately three hundred and fifty five (355) acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible P el q- .... o~.~ :~ , onQ rm~ ~,~ E. The Town Board of the Town of Southold hereby approves and adopts the August/September 2008 update to the Community Preservation Project Plan which adds five (5) parcels totaling approximately 24.07 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated September 2008 Executive Summary and updated cover pages. The January 17, 2006 List of Eligible Parcels shall be replaced Update Community Preservation Project Plan Public Hearing 3 September 23, 2008 with the August/September 2008 List of Eligible Parcels. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. In other respects, the plan is intact as it was previously. I have a notice that it has appeared as a legal in the local newspaper, it has also appeared on the Town Clerk's bulletin board outside and in a memo dated September 22 fi.om Mark Terry the LWRP coordinator, 'this proposed action is to update the Community Preservation Project Plan, adding five parcels etc., based on the information provided on the consistency assessment form submitted to the Department as well as records available to me, it is my recommendation the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.' And that is the only significant content in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular public hearing? COUNCILMAN KRUPSKI: I have been asked by Melissa Spiro, the Land Preservation Coordinator, just to provide a little more information. This, as Tom Wickham said, this is to update the plan. Originally when the plan was adopted by the Town in 1998, smaller parcels were not included on it and it has come to light that some of these parcels could be acquired by the Town if the development rights or fee title and so periodically since 1998, the plan has been updated to include smaller parcels. They are categories, classifications A through K, all five parcels meet category A which is open space including agricultural lands. Two parcels, two of the real small ones have recreation values or drainage possibilities for them for the town roads. So the total acreage added to the plan tonight would be 24.07 acres. SUPERVISOR RUSSELL: Does anybody want to come up and address this particular public hearing? (No response) Elizabeth A. Neville Southold Town Clerk US Airbill Express 8663 9461 6161 Data [(~ ~1~-0~ Sender'sFedEx Account Number 1057-7029-8 4a Express Package Service FedEx priority Overnight Ex Standard 0vemight [] NeXt busir~ss r¢~ f ning ' Friday ~b~,~.~ a~er t ~e' FedEx Rrst 0vemight FedEx 2Day FedEX Express Saver company TOWN OF SOUTHOLD 4I, ExpressFreightService FedExlDa Frm bt* ~ FedEx2DayFrei ht FedEx3Da Freight ~SOUTHDLD mt~ NY zip I 1~71 ~ ~ ~edaPak ~ ~d~ ~ hd~ ~ ~er 2 Y~rl~alBillingR~mnce I t ~ ~ ~ ~ ~ 6 Special Handling ~..~.,. ,.,~ .,,r.~ i. s..~i~. ~ No Signature D rect Signature Indirect Sig~nature ~ IS191 PATRICIA A. FINNEGAN TOWN ATTORNEY pat ricia.finnegan(wt own.southold.ny.us KIERAN M. CORCOHAN ASSISTANT TOWN ATTORNEY kieran.corcoran~:town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse(.~town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 To: From: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM Ms. Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney RECEIVED OCT ] 2008 Southold Town Clerk Date: September 30, 2008 Subject: LL/Updating Community Preservation Project Plan SEQRA For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. have retained a copy of this document in our file. We Also attached is a copy of the resolution authorizing Scott to sign this document. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures cc: Members of the Town Board (w/encls.) Patricia A. Finnegan, Esq., Town Attorney (w/encls.) .,.2o ORIGINAL 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) 1. APPLICANT/SPONSOR I"' PROJECT NAME Town of Southold Town Board /August/September 2008 Update Community Preservation Project 3. PROJECT LOCATION: Municipality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: August/September 2008 update to the Community Preservation Project Plan which adds five (5) parcels totaling approximately 24.07 acres to the List of Eligible Parcels; delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. 7. AMOUNT OF LAND AFFECTED: Initially l'q~ acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~.l Yes [] NO If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Foresl/Open Spaoe [] Other Describe: NA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? I I Yes I~l No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I I Yes [] No If Yes, list agency(s) name and permil/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] NO I CERTIFY THAT THE INFOR,~TION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: TownofSoutho~lrownBoard. d.d.~ ,~ Date: 9/22/08 Signature: IIf the action is in the Coastal Area, and you are a state agency complete the Coasts Assessment Form before proceeding with this assessment I OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) 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. WILL ACTION RECEIVE COORDINATED REVIEWAS 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 C. 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 bdefiy: None C2. Aesthetic, agricultural, archaeologicah historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None 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: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: None C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENV RONMENTAL AREA (CEA)? [] Yes ~r'~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bdeity: U=/=RMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadverseeffectidentifiedab~ve~determinewhetheritissubstantia~a~ge~imp~rtant~r~therwisesigni~cant- Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (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. ] Checkthisb~xlfy~uhaveidentified~ne~rm~rep~tenfiaI~y~arge~rsigni~cantadveraeimpactswhichMAY~ccur- ThenproceeddireotlytotheFULL EAF and/or prepare a positive declaration. ] Checkthisboxifyou have determJned, based ontheinformationand analysis aboveandanysupportingdocurnentation,thatthe proposed action WlLI NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinatior Town of Southold Town Board Name of Lead Agency Scott Russell Signa'~ure of Responsibi'e Officer in Lead Agency 9/22/08 Date Supervisor Title of Responsible Officer ~ture of-Preparer (If diffe~l~Jsponsible officer) RESOLUTION 2008-904 ADOPTED DOC ID: 4278 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-904 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 23, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Updating the Community Preservation Proiect Plan" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendations of Mark Terry dated September 22, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New. York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 2, 2008 Federal Express I,inda Lasch New York State Department of State State Records and I.aw Bureau 41 State Street Albany. NY 12231 RE: Local Law Number 13 of 2008 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule l.a~. I am enclosing herewith certified copies of Local Law Number 13 of 2008 of the Town of Southold. suitable lbr filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Enclosures Very truly yours, ~yn(da M Rudder ~ Southold Deputy Town Clerk cc: '['own Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREE 1 ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. [] County Cl City [] Town of rn Village SOUTHOLD Local Law No. 13 of the year 2008. A Local Law entitled, A Local Law in relation to Updating the Community Preservation Project Plan I Be it enacted the Town Board of the: ~ County rq City [] Town of Cl Village SOUTHOLD BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose - The following five (5) properties listed in the attached Exhibit, totaling approximately 24.07 acres, are proposed to be added to the List of Eligible Parcels included in the Community Preservation Project Plan. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, establishment of parks, nature preserves and recreational areas, preservation and protection of open spaces, agricultural lands and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13. Community Preservation Project Plan adopted. A. For the reasons set forth in § 17-12 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town's Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rcv 05/05) B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds one hundred ninety four (194) parcels totaling approximately three hundred and fifty five (355) acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suflblk County tax map numbers for parcels included on the existing List of Eligible Parcels. E. The Town Board of the Town of Southold hereby approves and adopts the August/September 2008 update to the Community Preservation Project Plan which adds five (5) parcels totaling approximately 24.07 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated September 2008 Executive Summary and updated cover pages. The January 17, 2006 List of Eligible Parcels shall be replaced with the August/September 2008 List of Eligible Parcels. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 13 of 20 08 . of the (Czxnty)(C~ty)(Town) (V!!!:.gz) of. SOUTHOLD was duly passed by the TOWN BOARD on September 23 ,20 08 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 _ of the (County)(City)(Town)(Village) of was duly passed by the on 20 __, and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20__ , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(lown)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of thc (County)(City)(Town)(Village)_ of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 ___ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 .... became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. (,¥eal) Clerk ofi~e County legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: September 26, 2008 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK 1, the undersigned, hereby certify that the foregoing local law/~ntains the correct ~ have been had or taken lbr the enactment of the local lawa~~ ~ct'U~l eA. Fl' n ne~an, ~., Kieran Corcoran~ Esq. As Title and that all proper proceedings ~T~° I~ TA~tw°nrn~ tYro r ney Town of Date: SOUTItOLD September 26, 2008 4 Southold Town Board - Letter Board Meeting of keptember 23, 2008 RESOLUTION 2008-916 ADOPTED Item # DOC ID: 4285 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-916 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 23, 2008: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of August, 2008 a Local Law entitled "A Local Law in relation to Updating the Community Preservation Proiect Plan" and WHEREAS the Toxvn Board of the Town of Southold held a public hearing on the aforesaid Local Law which time all interested persons will be given an opportunity to be heard, now therelbr be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Updating the Community Preservation Project Plan" which reads as follows: LOCAL LAW NO. 13 of 2008 A Local Law entitled, "A Local Law in relation to Updating the Community Preservation Proiect Plan". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose - The following five (5) properties listed in the attached Exhibit, totaling approximately 24.07 acres, are proposed to be added to the List of Eligible Parcels included in the Community Preservation Project Plan. The preservation and protection of these properties fails under multiple purposes of the Community Preservation Project Plan, including, but not limited to, establishment of parks, nature preserves and recreational areas, preservation and protection of open spaces, agricultural lands and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. 11. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: Generated September 24, 2008 Page 60 Southold Town Board - Letter Board Meeting of September 23, 2008 § 17-13. Community Preservation Project Plan adopted. A. For the reasons set forth in § l 7-l 2 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town's Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 2t, 2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds one hundred ninety four (194) parcels totaling approximately three hundred and fifty five (355) acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County tax map numbers for g Li f Eligibl ~, ~c,~ ~. ~.~,~,~ ~.,, ,~.~ parcels included on the existin st o e Parcels._T~e ...........~ ....... v ....~ .... E. The Town Board of the Town of Southold hereby approves and adopts the August/September 2008 update to the Community Preservation Project Plan which adds five (5) parcels totaling approximately 24.07 acres to the List of Eliaible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated September 2008 Executive Summary and updated cover pages. The January 17,2006 List of Eligible Parcels shall be replaced with the August/September 2008 List of Eligible Parcels. Generated September 24, 2008 Page 61 Southold Town Board - Letter Board Meeting of September 23, 2008 IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by la~v. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russelr Generated September 24, 2008 Page 62 Southold Town Board - Letter Board Meeting of SePtember 23, 2008 RESOLUTION 2008-904 ADOPTED Item # DOC ID: 4278 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-904 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 23, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Updating the Community Preservation Project Plan" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Toxvn of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendations of Mark Terry dated September 22, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent vvith the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski ~r., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Ir,, Wickham, Evans, Russell Generated September 24, 2008 Page 35 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD RECEIV,'-'D To~ Town of Southold Town Board Patricia Finnegan, Town Attorney From: Mark Terry, Principal Planner LWRP Coordinator SEP 23 2OO8 So~hoI~l Tewa Get[ Date: September 22, 2008 ae~ Local Waterfront Revitalization Program Consistency Review for August/September 2008 update to the Community Preservation Project Plan This proposed action is for an August/September 2008 update to the Community Preservation Project Plan which adds five (5) parcels totaling approximately 24.07 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated September 2008 Executive Summary and updated cover pages. The January 17, 2006 List of Eligible Parcels shall be replaced with the August/September 2008 List of Eligible Parcels. The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney #8991 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 4th day of September, 2008. /~..~.__ ~' Principal Clerk Sworn to before me this ~ day of .... 2008 -II[GAL NOTICE of the ToWn 0f Southold SuffOlk Chanty, L ~ ' The following five (5) properties listed in the attached Exhibit, totaling approximately 24.W/ acres, ar~ · *-~ ~'r~r~aUon ann protection of tion Project Plan, including, but not lim- ~.t b!olo~ ~,~, ~d ~otec- IL Chapter !7 of the Cede of the § 17Z13. ~?mmmm~y l~er~a#en Ceniral Data Processhig ~d presented Town Law and Article I of Chapter 6 of the Southokl Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 apdate to the CommU- nity Presetvatinn Project Plan prepared by the Land Preservation Department, and Central Data Processing Depart- ment and presented to the Town Board on January ~21, 2003, during the ~gork Session portion of the Town meeting. The 1998 List of Eligible Par- cet$ shall be replaced by the 2003 List.of Eligible Parcels. presented to the Town Board during the ~anuary 21, 2003, Work Session. C. The Town Board of the Town of Southald hereby approves and adopts the March 2005 update to the Commu- nity Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The Janu- ary 2003 List of Eligible Parcel.s shah be revised as of March 29, 2005 to includd the identified Great Pond Wetland and Dune Area Parcels· D. The Town Board of the Town Southold hereby approves and adopts the January 2006 update to the Com- munity Preservation Project Plan which adds one hundred ~inety four (194) par- cels totaling approximately three hun- dred and fitly five (355) acres to the List of Eligible Pareel~ In addition, the exist- ing List of Eligible Parcels has been re- vised to delete parcels which have been preserved using various preservation methods, tO dolet~ pare~ls which ha~ been deval0p~l; and to c~rrect, wh~C applicable, Suffolk County tax map numbers forlparcels inalude~ i~' ~e~ isling List of Eligible ParCels.~ E. The Town Board of the Town of th~ Aummti~tembe¥ 2008 uodate to PF~r~ which adds five i~'nare~ls~totalln~ Lis{ Of ~-Ii~ie Parcals Ires been eevised Suffolk County tax map numbers for ~ incloded on the exisfina List of 2008 Executive Summary and u~dated gib~e Pare~k ~..SEVERAB~LITY ~f any clause, sentence, paragraph, section, or part of th~ L~cal Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shah not affect the validity of this Law as a whole or any part thereof Other than the part so decided to be unconstitution- al or invalid. IV. EFFECTIVE DATE This Local Law shall take effect im- mediately upon filing With the Secretary of State as provided by law. Dated: August 26, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified In Suffolk County My Commission Expires February 28, 20! 2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD RECEIVED To: Town of Southold Town Board Patricia Finnegan, Town Attorney From: Mark Terry, Principal Planner LWRP Coordinator SEP 2 S 2008 Date: September 22, 2008 Re~ Local Waterfront Revitalization Program Consistency Review for August/September 2008 update to the Community Preservation Project Plan This proposed action is for an August/September 2008 update to the Community Preservation Project Plan which adds five (5) parcels totaling approximately 24.07 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated September 2008 Executive Summary and updated cover pages. The January 17, 2006 List of Eligible Parcels shall be replaced with the August/September 2008 List of Eligible Parcels. The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney Page 1 of l Cooper, Linda From: Cooper, Linda Sent: Wednesday, August 27, 2008 12:34 PM To: JOAN ANN - Legals Subject: Legal Notice for 9/4/08 edition Attachments: Update Comm Pres Proj. Plan 9-23-08.doc Please confirm receipt of this notice. Thank you 8/27/2008 Page 1 of 1 Cooper, Linda From: Sent: To: Cc: Subject: Attachments: Tracking: Cooper, Linda Wednesday, August 27, 2008 12:30 PM Finnegan, Patricia; Corcoran, Kieran; 'Al Krupski'; Louisa Evans (Ipevans@flshersislandnet); Russell, Scott; Thomas Wickham (wickhamthomas@yahoo.com); V Orlando (vincents32coupe@optonline.net); W. Ruland (rulandfarm@yahoo.com) Krauza, Lynne; Neville, Elizabeth Legal & Postion Notices from 8/27/08 meeting ABTF 9-4-08.doc; Update Comm Pres Proj. Plan 9-23-08.doc; Wesnofske 9-9-08.doc Recipient Read Finnegan, Patricia Corcoran, Kieran 'Al Krupski' Louisa Evans (Ipevans@fishersisland.net) Russell, Scott Read: 8/27/2008 12:41 PH Thomas Wickham (wickhamthomas@yahoo.com) V Orlando (vincents32coupe@optonline.net) W. Ruland (rulandfarm@yahoo.com) Krauza, Lynne Read: 8/27/2008 12:4.8 PM Neville, Elizabeth Read: 8/27/2008 12:33 PM Notices to be published 9/4/08 L/nda ,7.. Wooper Deputy Town Clerk Town of Southold 631-765-1800 L~fe may not be the par0 we hoped for; b ut cia long as we're here we mights as well dance 8/27/2008 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of August, 2008 a Local Law entitled "A Local Law in relation to Updating the Community Preservation Project Plan" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 23rd day of September, 2008 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled~ "A Local Law in relation to Updating the Communit~ Preservation Project Plan" reads as follows: LOCAL LAW NO. 2008 A Local Law entitled, "A Local Law in relation to Updating the Community Preservation Proiect Plan". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following five (5) properties listed in the attached Exhibit, totaling approximately 24.07 acres, are proposed to be added to the List of Eligible Parcels included in the Community Preservation Project Plan. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, establishment of parks, nature preserves and recreational areas, preservation and protection of open spaces, agricultural lands and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. Il. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13. Community Preservation Project Plan adopted. A. For the reasons set forth in § 17-12 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Iown's Planning Department, the Land Preservation Committee, the Peconic I.and Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Gmat Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds one hundred ninety four (194) parcels totaling approximately three hundred and fifty five (355) acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of E. The Town Board of the Town of Southold hereby approves and adopts the August/September 2008 update to the Community Preservation Project Plan which adds five (5) parcels totaling approximately 24.07 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suftblk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated September 2008 Executive Summary and updated cover pages. The January 17, 2006 List of Eligible Parcels shall be replaced with the August/September 2008 List of Eligible Parcels. 111. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: August 26, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON SEPTEMBER 4~ 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suflblk Times TC's Bulletin Board Accounting Dept. Town Board Members Land Preservation Dept. Town Attorney Land Pres. Comm. RESOLUTION 2008-813 ADOPTED DOC ID: 4191 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-813 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 26, 2008: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of August, 2008 a Local Law entitled "A Local Law in relation to Updating the Community Preservation Proiect Plan" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 23rd day of September, 2008 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Updating the Community Preservation Project Plan" reads as follows: LOCAL LAW NO. 2008 A Local Law entitled, "A Local Law in relation to Updating the Community Preservation Proiect Plan". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose - The lbllowing five (5) properties listed in the attached Exhibit, totaling approximately 24.07 acres, are proposed to be added to the List of Eligible Parcels included in the Community Preservation Project Plan. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, establishment of parks, nature preserves and recreational areas, preservation and protection of open spaces, agricultural lands and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13. Community Preservation Project Plan adopted. Resolution 2008-813 Board Meeting of August 26, 2008 A. For the reasons set forth in § 17-12 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town's Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to lhe Town Board on January 21,2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds one hundred ninety four (194) parcels totaling approximately three hundred and fifty five (355) acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County tax map numbers for Parcels._T .............v ......v ....~ .... parcels included on the existing List of Eligible E. The Town Board of the Town of Southold hereby approves and adopts the August/September 2008 update to the Community Preservation Project Plan which adds five (5) parcels totaling approximately 24.07 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated September2008 Executive Summary and updated cover pages. The January 17,2006 List of Eligible Parcels shall be replaced with the August/September 2008 List of Eligible Parcels. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Updated: 8/25/2008 12:00 PM by Lynda Rudder Page 2 Resolution 2008-813 Board Meeting of August 26, 2008 Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. lV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 8/25/2008 12:00 PM by Lynda Rudder Page 3 Southold Town Board - Letter Board Meeting of August 26, 2008 RESOLUTION 2008-813 ADOPTED Item # DOC ID: 4191 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-813 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 26, 2008: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suflblk County, New York, on the 26th day of August, 2008 a Local Law entitled "A Local Law in relation to Updating the Community Preservation Proiect Plan" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 23rd day of September, 2008 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Updating the Community Preservation Pro.iect Plan" reads as follows: LOCAL LAW NO. 2008 A Local Law entitled, "A Local Law in relation to Updating the Community Preservation Proiect Plan". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose - The tbllowing five (5) properties listed in the attached Exhibit, totaling approximately 24.07 acres, are proposed to be added to the List of Eligible Parcels included in the Community Preservation Project Plan. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, establishment of parks, nature preserves and recreational areas, preservation and protection of open spaces, agricultural lands and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. 11. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: Generated August 27, 2008 Page 35 Southold Town Board - Letter Board Meeting of August 26, 2008 § 17-13. Community Preservation Project Plan adopted. A. For the reasons set forth in § 17-12 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town's Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21,2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds one hundred ninety four (194) parcels totaling approximately three hundred and fifty five (355) acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels ................ -'~- E. The Town Board of the Town of Southold hereby approves and adopts the August/September 2008 update to the Community Preservation Project Plan which adds five (5) parcels totaling approximately 24.07 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk Count,/tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated September2008 Executive Summarv and updated cover pages. The January I7,2006 List of Eligible Parcels shall be replaced with the August/September 2008 List of Eligible Parcels. Generated August 27, 2008 Page 36 Southold Town Board - Letter Board Meeting of August 26, 2008 IlL SEVEICS, BILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated August 27, 2008 Page 37