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HomeMy WebLinkAboutHeaney, MarionSOUTHOLDTOWNBOARD PUBLIC HEARING October 21, 2008 4:55 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Clerk Elizabeth Neville Town Attorney Patricia Finnegan This hearing was opened at 6:28 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ October 21~ 2008~ at 4:55 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant lands totaling approximately 8.624- acres from Marion Heaney the owner of record, for open space preservation. The two parcels, identified as SCTM #1000-34-1-7 (8.04- acres) and SCTM #1000-41-1-1 (0.624- acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town's Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Depamnent, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. I have a notice from Mark Terry, the principal planner and LWRP coordinator, that this proposed action, the acquisition of this parcel is consistent with the policy standards and Heaney Acquisition-Public Hearing October 21, 2008 2 therefore is consistent with the LWRP. I have a photocopy of the legal notice that appeared in the local newspaper and it has also appeared on the Town Clerk's bulletin board outside. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular acquisition? COUNCILMAN KRUPSKI: As the liaison to the Land Preservation Committee from the Town Board, I would like to speak as an advocate for acquisition of this parcel in Greenport. I have seen similar parcels where development has been forced into areas similar to this and it is a generous donation, I think. It is a nice, healthy freshwater wetland and I think Town ownership of it is the only thing that will ensure preservation. SUPERVISOR RUSSELL: Thank you. Anyone else? (No response) This heating was closed at 6:31 PM Southold Town Clerk Southold 'lown Board - Letter Board Meeting ~f Octobcr 21, 2008 RESOLUTION 2008-980 ADOPTED ltem// DOC ID: 4332 THIS IS 'FO CERTIFY TIIAT THE FOLLOWING RESOLUTION NO. 2008-980 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTItOLD TOWN BOARD ON OCTOBER 21, 2008: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of acquisition by gift of fee title to vacant lands owned by Marion Heaney, owner of record, on this 21st day of October, 2008, pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the two parcels, identified as SCTM #1000-34-1-7 (8.0m acres) and SCTM #1000- 41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town's Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally scnsitixe nature of the property and a Town Board approved Management Plan For thc properties; and WHEREAS, the purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds; and WHEREAS, the acquisition of these properties is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation); and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Generated October 22, 2008 Page 52 Southold Town Board - Letter Board Meeting ol~October 21,2008 Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and thc LWRP Coordinator has recommended to the Town Board that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application lbr this donation and recommends that the Town Board accept the donation of these properties; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold accepts the donation of the subject properties for the purpose of open space, scenic protection and wetlands protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties; now, therefore, be it RESOLVED that pursuant to the provision of Chapter l 7 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby accepts the donation of properties owned by Marion Heane¥ subiect to clear and marketable title and an acceptable environmental site assessment and survey~ if deemed necessary~ of the sub,iect properties. The two parcels, identified as SCTM #1000-34- 1-7 (8.0± acres) and SCTM #1000-41-I-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town's Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. The acquisition of these properties is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation). The proposed Generated October 22, 2008 Page 53 t Southold Town Board - Letter Board Meeting of October 21. 2008 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 to the Town Board, and the Town Board has hereby determined, that this action is consistent with the I,WRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russerl Generated October 22, 2008 Page 54 Southold Town Board - Letter Board Meeting of October 21,2008 RESOLUTION 2008-978 ADOPTED Item // DOC Il): 4.;31 THIS IS TO CERTIFY TItAT THE FOLLOWING RESOLUTION NO. 2008-978 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2008: WHEREAS, the Town Board of the Town of Southold wishes to accept the donation of vacant land properties owned by Marion Heaney, the owner of record, for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The two parcels, identified as SCTM #1000-34-1-7 (8.0± acres) and SCTM #1000-41-I-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town's Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties; now, be it therefbre 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,; and, be it further RESOLVED by the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental from prepared for this project is accepted and attached hereto; and, be it further Generated October 22, 2008 Page 48 Southold Town Board - Letter Board Meeting o£ October 21, 2008 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 [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated October 22, 2008 Page 49 617.20 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/SPONS.~OR/~ . 12. PROJECT NAME 3. PROJECT LOCATION: Munidpality ~ ~ County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) 5. PROPOSED ACTION IS: E~ew [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNTOF LA~D.~FFECTED: Initially ~.~Z~ acres Ultimately ~[~ *~' acres ' 8, WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~Yes [] No If No, describe briefly 9. WHAT iS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] ParK/Forest/Open Space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? L._J Yes 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? L-J Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [~] Yes F~No I CE~TIFY THAT THE INFORMATION 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 Coasta Assessment Form before proceeding with this assessment 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 r~Yes ~.1o 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, C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) O1. 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: D2. Aesthetic, agricultural, archaeological, historic~ or other natural or cultural resources; or community or neighborhood character? Explain briefly: D3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: D4~ ^ community's existing plans or goals as officially adopted~ or a change in use or intansity of use of land or other natural resources? Explain briefly: C§. Growth, subsequent development, or related acfivttios likely to be induced by the proposed action? Explain bdefly: CO. Long term, shod term, cumulative, or other effects not idengfiod in Gl-D§? Explain briefly: C7. Other impacts (including changes in use of either quactgy or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR S THERE L KELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [~No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with 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. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any suppoding documentation, that the proposed action WILt 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 Responsible Officer si~rnat~re of Preparer (If d~-~'~'nt from responsible OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD R~CEIV~D To: Town of Southold Town Board / From: Mark Terry, Principal Planner ~ LWRP Coordinator Soul|told Date: October 16, 2008 Re: Acquisition by gift of fee title of vacant lands totaling approximately 8.62± acres from Marion Heaney Location: 69200 County Road 48, Greenport SCTM #1000-34-1-7 & 1000-41-1-1 Zoning District R-40 This proposed action is for the acquisition by gift of fee title to vacant lands totaling approximately 8.62± acres from Marion Heaney The action has been reviewed to Chapter 268, Waterfront Consistency Review gfthe 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. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Patricia Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator #9038 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 16th day of October, 2008. Principal Clerk Sworn to before me this LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav. Ottolmr 2L 2008. at 4'.55 a.m.. Southal~l Town Ha~. 53095 Main Road. Southold New York a.~ the time and olace for a ~ the owner of record, for eels, identified as SCTM #1000-34-1-7 (8.0± acres) and SC'TM #1000-41-1-1 (0.62_+ acre), are located at 69200 Coun- Board approved Management Plan for the properties. The purchase price of this open space donation will be acquisition costs associ ated with the transfer of fee title using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Depart- ment, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any in- terested person during business hours. Dated: October 7, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 9038-1T 10/16 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified In SuffolR CoLInty My Commission Expires February 28~ 201[I LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ October 21, 2008~ at 4:55 p.m, Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant lands totaling approximately 8.62:t: acres from Marion Heaney the owner of record, for open space preservation. The two parcels, identified as SCTM #1000-34-1- 7 (8.0± acres) and SCTM #1000-41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town's Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. Dated: October 7, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON OCTOBER 16, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Land Preservation Town Clerk's Bulletin Board Town Attorney Page 1 of 1 Cooper, Linda From: Sent: To: Cc: Subject: Cooper, Linda Thursday, October 09, 2008 8:31 AM Cooper, Linda; Corcoran, Kieran; Finnegan, Patricia; JOAN ANN - Legals; Neville, Elizabeth; Rudder, Lynda Doroski, Melanie 10-21-08 4.55pm Heaney Attachments: 10-21-08 4.55pm Heaney.doc Suffolk Times - please confirm receipt of this legal notice to be published 10/16/08 10/9/2008 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the qCC day of Oc~ ,2008, she affixed a notice of which the annexed printed notice is a true copy, in'a proper and substantial manner, in a most public place n the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: PH Open Space lteaney Sworn before me this /~9 '~ day of ~ , 2008. Not~.ry Public (~Elizabeth A. Neville Southold Town Clerk LINDA J NOTARY PUBLIC, St;,,te of New York NO, 01004822553, SL~,~o!k Cou.Rt~ rerm Expires December 31,20.~ Southold Town Board - Letter Board Meetin~ of October 7, 2008 RESOLUTION 2008-937 ADOPTED Item # DOC ID: 4310 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-937 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 7, 2008: RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday~ October 21~ 2008~ at 4:55 p.m.~ Southold Town Hall~ 53095 Route 25, Southold~ New York~ as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant lands totaling approximately 8.624- acres from Marion Heaney~ the owner of record, for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The two parcels, identified as SCTM #1000-34-1-7 (8.0:~ acres) and SCTM #1000-41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town's Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Department, Southold Toxvn Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. Generated October 8, 2008 Page 26 Southold Town Board - Letter Board Meeting of October 7, 2008 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNAN'rMous] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated October 8, 2008 Page 27