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HomeMy WebLinkAboutDickerson, Ernest FSOUTHOLD TOWN BOARD PUBLIC HEARING October 21, 2008 5:00 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 6:31 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 Tuesda¥~ October 21~ 2008~ at 5:00 p.m.~ Southoid 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 land owned by the Estate of Ernest F. Dickerson. The parcel consists of approximately 0.12± acre and is identified as SCTM #1000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. 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 parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a note in the file from our LWRP coordinator that this proposed action is consistent with the policy standards and therefore is consistent with the LWRP law. I Dickerson Acquisition-Public Hearing 2 October 21, 2008 have an original of a legal that appeared in the local newspaper that notices this and notice also of what went on the bulletin board outside. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular gift of acquisition? COUNCILMAN KRUPSKI: I would like to speak in favor of the Town acquiring this parcel, it is tiny, it is .12 acres. However, this is where New Suffolk Avenue drains into Deep Hole creek and it is an opportunity for the Town to do some sort of storm water mitigation there and it won't be a perfect system because of the limited amount of land but it is an opportunity. SUPERVISOR RUSSELL: I will echo Albert's comments. That is actually an area of particular road run-off concern. One of the problems we have in wrestling with the issue is dealing the volume of water and where to put it. Every little bit helps and despite the size of that parcel, it is going to play a key role up there. And I want to thank the Dickerson family for their generosity as well as the Heaney family for their generosity. Anyone else? (No response) This hearing was closed at 6:34 PM Southold Town Clerk Southokl l'own Board - l,ctter Board Meeting of October 21. 2008 RESOLUTION 2008-981 ADOPTED Item// DOC ID: 4334 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-981 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD 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 lee title to vacant land from the Estate of Ernest F. Dickerson 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 parcel consists of approximately 0. l 2± acre and is identified as SCTM #1000- 115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffblk Avenue, Mattituck, New York. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. 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 this property 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 Consistency Review) of the Town Code and Local Waterfront Revitalization Program (I,WRP) and the LWRP Coordinator has recommended to the Town Board that this action is consistent Generated October 22, 2008 Page 55 Southold Town Board - l,etter Board Mceting of October 21,2008 *., with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application/bt this donation and recommends that the Town Board accept the donation of this property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold accepts the donation of the subject property for the purpose of open space and wetlands protection, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan [br the property; now, therefore, be it RESOLVED that pursuant to the provision 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 accepts the donation of property from the Estate of Ernest F. Dickerson sub,iect to clear and marketable title and an acceptable environmental site assessment ami survey, if deemed necessary~ of the subiect property. The parcel consists of approximately 0.12± acre and is identified as SCTM #I 000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suftblk Avenue, Mattituck, New York. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. 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 this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation). 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 to the Town Board, and the Town Board has hereby determined, Generated October 22, 2008 Page 56 ' Southold Town Board - I,ettcr Board Meeting of October 21, 2008 that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SEI2ONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated October 22, 2008 Page 57 Southold Town Board - [.etlcr BoardM t V-.. ee lng of October 21, 2008 RESOLUTION 2008-979 ADOPTED Item ,q DOC 1D: 4533 THIS IS TO CERTIFY TltAT THE FOLLO;VING RESOLUTION NO. 2008-979 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 property owned by the Estate of Ernest F. Dickerson 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 parcel consists of approximately 0.12± acre and is identified as SCTM # 1000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses ot'the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property; now, be it therefore 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. I ct. 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 RESOLVED by the Town Board ol'the Town of Southold that the Short Environmental Form Generated October 22, 2008 Page 50 Southold Town Board - Letter Board Meeting of October 21, 2008 prepared tbr this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of thc Town ot' Sonthold hereby tinds 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: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated October 22, 2008 Page 51 617.20 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 C~,~'~{~¢~ 3. PROJECT LOCATION: Municipality '~"~ g~D ~ County S 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) ~New ~ Expansion ~ Modifi~tion/alteration 6. DESCRIBE PROJECT BRIEFLY: AMOUNT OF LAND AFFECTED: Initially ~ acres Ultimately ~.1~.. acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~Yes [] No If No. describe briefly 0. WHAT IS PRESENT LAND USE IN VIC N TY OF PROJECT? [~Residential [] Industrial [] Commercial Describe: ~Agdculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] Yes E~o if Yes. list agency(s) name and perrnit/approvals: DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~No If Yes. list agency(s) name and permit/approvals: 12. ~ PERMIT/APPROVAL REQUIRE MODIFICATION? AS A RESULT OF PR POSED ACTION WILL EXISTING Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: ~1}/~'~4' ~.~,{3 . ~l'~o~ ~'~i'~. ("{::~;~'J¢. Date: I~h~lO~j~ Signature: ~ _~ .~.,~.~ ?~,.¢ ~ ~. t' I If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACT ON EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. r---~ Yes [~o 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. [---]Yes ~i~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 briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or commun y o ne ghborhood character? Explain briefly: C3. Vegetation or fauna~ fish, shellfish or wildlgo species, si§nificant 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 et land or other natural resources? Explain briefly: Cfi. Growth, subsequent development, or related activflies likely to be nduced by he proposed action? Explain bdefly: C6. Long term, short term, cumulative, or other effects not identified in Ct-CS? Explain briefly: O?. Other impacts (inctuding changes in use of eflher quantity 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 F~ 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 briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve~determinewhetheritissubstantiaI~Iarge~imp~rtant~r~therwiseslgni~cent~ Each effect should be assessed in connection with its la) setting (i.e. urban or rural); lb) probability of occurring; c duration; (d) irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Pad 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 supporting documentaflon, that the proposed action W1Li NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Print or Typey~~ency Signature'~f Responsible Officer in Lead Agency Date Signature Bf Preparer (If~rent from responsible officer) OFFICE LOCATION: Town Hall 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 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board ~ From: Mark Terry, Principal Planner LWRP Coordinator Date: October 16, 2008 Re: Acquisition by gift of fee title to vacant land owned by the Estate of Ernest F. Dickerson Location: 5840 New Suffolk Avenue, Mattituck, New York SCTM # 1000-115 - 12-1. Zoning District R-40 This proposed action is for the acquisition by gift of fee title of .12+ acres of vacant land owned by the Estate of Ernest F. Dickerson. The action 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. 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 #9039 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 2008 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 5.~0 p.m.. Southold Town Hall. 5309g Main Road. Southold. New York as the time and ulace for a Public heafinf on the auesfiou of acani- sltion bv Mft of fee rifle to vacant land owned by the Estate of Ernest F. Dick. erson. 3he parcel consists of approx~- mutely 0.12± acre and is identified as SC'I~M #1000-115-12-1. The parcel is lo- cated approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential ac- cess to Deep Hole Creek, all to be in ac- cordance with the environmentally sen- sitive nature of the property and a Town Board approved Management Plan for the property. 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 parcel of land is on file in Land Preservation Depart- ment, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hour~ Dated: October 7, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 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 5:00 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 land owned by the Estate of Ernest F. Dickerson. The parcel consists of approximately 0.12± acre and is identified as SCTM #1000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. 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 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: 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 l Cooper, Linda From: Cooper, Linda Sent: Thursday, October 09, 2008 8:39 AM To: Cooper, Linda; Corcoran, Kieran; Finnegan, Patricia; JOAN ANN - Legals; Neville, Elizabeth; Rudder, Lynda Cc: Doroski, Melanie Subject: 10-2%08 5.00pm - Dickerson Attachments: 10-21-08 5.00pm - Dickerson.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 C~ ~- day of O(.~. ,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 Estate of Dickerson lizab'eth~. Neville Southold Town Clerk Swum before me this I~ ~ day of c/3~, 2008. Nofary Publfc NC, nlCO48£ L,J 'd ;,}fl~ County Term Expires December 31,20_Z~ Southold Town Board - Letter Board Meefing of October 7, 2008 RESOLUTION 2008-938 ADOPTED Item # DOC ID: 4311 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-938 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 5:00 p.m.~ Southold Town Halk 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 land owned by the Estate of Ernest F. Dickerson 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 parcel consists of approximately 0.12:k acre and is identified as SCTM # 1000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. 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. Generated October 8, 2008 Page 28 Southold Town Board - Letter Board Meeting of October 7, 2008 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr,, CouncJlman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated October 8, 2008 Page 29