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Home My WebLink AboutFrancis, CW & SonsSOUTHOLD TOWN BOARD PUBLIC HEARING January 6, 2009 4:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Assistant Town Attorney Kieran Comoran Town Clerk Elizabeth Neville This hearing was opened at 5:03 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav~ Januarv 6~ 2009~ at 4:35 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on propertv owned by C.W. Francis & Son~ Inc. Said property is identified as part of SCTM #1000-19.-1-14.7. The address is 32400 Route 25 and the property is located in the R-80/R-200 zoning districts and is approximately 300 feet southwesterly from the intersection of Old North Road and NYS Route 25 in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 23.0± acres (subject to survey) of the 26.48± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 23.0± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Francis DRE Public Hearing January 6, 2009 2 I have a notice that it has appeared as a legal in the Suffolk Times newspaper, it has appeared on the Town Clerk's bulletin board outside and I have a notice here from Mark Terry, the LWRP coordinator, which says in short, towards the end of his memo 'it is my recommendation is consistent with the policy standards and therefore is consistent with LWRP for the Town.' And I don't have any further notices in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular acquisition. I see a member of our Land Preservation Commission here. RAY HUNTINGTON: This is a property that was discussed and examined by the Land Preservation Committee. It was discussed in great detail and we have arrived at recommendations for the Board and the, it is now ready for action. I could go into further but I think that is really the bottom line, that it was discussed; the pros and cons and we came to a conclusion which was recommend it. SUPERVISOR RUSSELL: Thank you, Ray. Ray, can we ask you to do it again and do it with feeling this time? Lillian. LILLIAN BALL: That is my department. I just wanted to say that this is a really important piece because you can see it, Lillian Ball, Southold Town. Also a member of the Land Preservation Committee. You can see that property from the Orient Point park and we gave this a lot attention, we actually even worked with the Planning Board on trying to figure out on how we could make this piece be not offensive in the view point area and we really did support the Town Board buying it. So hopefully, it will go through. Thanks. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this proposed acquisition? (No response) Heating none, let's close the hearing. This hearing was closed at 5:06 PM Southold Town Clerk 617.20 ~ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only =ART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) ,. APPL,CA.T,SPONSO /2. PROJECT.A '.... 3. PROJECT LOCATION: Municipality O~ ~ ~ r~-'~ ~1 %,~ ~.*'~lb%,o,~t~ County ~--~O [.~.-- 4. PRECISE LOCATION (Street address and road inteme~ions, prominent landmass, etc.. or pro,de map) 5. PROPOSED ACTION iS: [] Now [] Expansion [] Modification/alteration 6. DESCRfBE PROJECT BRIEFLY: 7. AMOUNT OF .LA~,.D AFFECTED: '~' Initially ,'3, '~ _ acres Ultimately 2.*~" acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~Yes [] NO If No. descdbe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~J:~esidential [] Industrial [] Commercial [~griculture [~arldForestJOpen Space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE O~ LOCAL)? [] Yes ~ No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMtT OR APPROVAL? [] Yes [] No If Yes, ~ist agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes []No I CERTIFY THAT THE INFORM, ATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ~E.,\'~ 5~. ~, ~,~ ttl. o L.~ t,.~c.~ *"~ t.~ ~* f u e,_~- e ~,~ ~'c~:.,~.. Date: If the action is in the Coastal Area and you are a state agency, complete the Coastal Assessment Form before proceeding w th th s assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTtON EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. r~Yes ~"'~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwrilten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potenflal for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: ¢o Dg. Vegetation or tauna, fish, shellfish or wildlife species, signiflcent habitat~, or threatened or endangered species? Explain bdefly: C4~ ^ community's existing plans or goals as officiafly adopted, or a change in use or intensiht el use el land or other natural Cfi. Growth, subsequent development, or related a~vities likely to I~ induced by the proposed action? Explain (;6. Long term. short term, mmulafive, or other effects not identified in Ct42:fl? Explain bdefly: DT. Other impacts (including changes in use et either quantity or type et enarg¥)? 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 IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS? [] Yes [~ No If Yes, explain bdefly: 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) seeing (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 significa nce must evaluate the potential impact of the proposed action on the enviroomental characteristics of the CEA. ] ~heckthisb~xify~uhaveIdenti~ed~ne~rm~rep~tentia~y~arge~rsign~icantadverseImpactswhichMAY~ccur~ ThenproceeddirectlytotheFUU EAF and/or prepare a positive declaration. ~ Check this boxif you have determined, based on the information and analysis above and any suppotting documentation, that the proposed action WiLl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Pdnt or Typ~Agency Signa~bf'e of Responsible Officer in Lead Agency Date ~ Title of Responsible Officer Signature of Preparer (If dj~-erent from responsible officer) Southold Town Board - Letter B dM ~ oar eeting of January 6, 2009 RESOLUTION 2009-86 ADOPTED Item # 5.28 DOC II): 4567 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-86 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 6, 2009: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by C. W. Francis & Son, Inc. on the 6th day of January, 2009, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-19.-1-14.7. The address is 32400 Route 25 and the property is located in the R-80/R-200 zoning districts and is approximately 300 feet southwesterly from the intersection of Old North Road and NYS Route 25 in Orient, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 23.0~ acres (subject to survey) of the 26.48± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHERE~AS, the property is listed on the Town's Community Preservation Project Plan as properly that should be preserved due to its agricultural value; and WIIEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold Generated January 12, 2009 Page 37 Southold Town Board - Letter Board Meeting of January 6, 2009 purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to pumhase a development rights easement on agricultural land owned by C. W. Francis & Son, Inc. pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-19.-1-14.7. The address is 32400 Route 25 and the property is located in the R- 80/R-200 zoning districts and is approximately 300 feet southwesterly from the intersection of Old North Road and NYS Route 25 in Orient, New York. The development rights easement comprises a part of the property consisting of approximately 23.0± acres (subject to survey) of the 26.48. acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMous] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski .lr., Wickham, Evans, Russell Generated January 12, 2009 Page 38 Southold Town Board - Letter Board Meeting of January 6, 2009 RESOLUTION 2009-85 ADOPTED Item ,~ 527 DOC II): 4566 TillS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-85 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 6, 2009: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of properly owned by C. W. Francis & Son, Inc. pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #l 000-19.-1- 14.7. The address is 32400 Route 25 and the property is located in the R-80/R-200 zoning districts and is approximately 300 feet southwesterly from the intersection of Old North Road and NYS Route 25, in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 23.0± acres (subject to survey) of the 26.48± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated January t 2, 2009 Page 36 Southold Town Board - Letter Board Meeting of December 16, 2008 RESOLUTION 2008-1091 ADOPTED Item 4 5.36 DOC ID: 4524 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-1091 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 16, 2008: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ January. 6~ 2009~ at 4:35 p.m, Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on properS, owned by C.W. Francis & Son~ Inc. Said property is identified as part of SCTM # 1000-19.-1-14.7. The address is 32400 Route 25 and the property is located in the R-80/R-200 zoning districts and is approximately 300 feet southwesterly from the intersection of OId North Road and NYS Route 25 in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 23.0± acres (subject to survey) of the 26.48± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 23.0~: acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property tbat should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] ~4OVER: Albert Krupski .Ir., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated December 22, 2008 Page 48 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 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD RECEIVED To: From: Town of Southold Town Board Mark Terry, Principal Planner x~'~ LWRP Coordinator JAN 6 20(23 Date: January 6, 2009 Re: Purchase of a development rights easement on property owned by C.W. Francis & Son. Location: Thc address is 32400 Route 25 and the property is located in the R-80/R-200 zoning districts and is approximately 300 feet southwesterly from thc intersection of Old North Road and NYS Route 25 in Orient, New York. S CTM # 1000-19.- 1 - 14.7 Zoning District R-80/R-200 The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 23.0~- acres (subject to survey) of the 26.48-- acre parcel. 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 #9147 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 25th day of December, 2008. Principal Clerk Sworn to before me this LEGAL NOTICE Notice of Public Hearing IT IS HEREBY RESOLVED that the Town Board of tbe Town of Southold sets Tuesday. January 6. 2009 at '4:50 mm. in the Town Meeting Hall, 53095 Main Road, Southold, New York 11971. as the time and place for a oublic hearing re- eardina a uroposed Aereement between the Town Board of the Town of Southold and the Village of Greenport for the rlm0z vision of fire protection and emergency Protection District. for thc term com- mencing January 1. 2009 and ending De- cember 31,2018. Dated: December I6. 2008 BY ORDER OF I'HE TOWN BOARD OF TH E TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 9147-1T 12/25 RIS A VOLINSKI NOTAI~Y pUBLIC-STATE OF NEW yORK NO. 01 -V06105050 Qualified in Suffolk county LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ January. 6~ 2009~ at 4:35 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase ora development rights easement on property owned by C.W. Francis & Son~ Inc. Said property is identified as part of SCTM #1000-19.-1-14.7. The address is 32400 Route 25 and the property is located in the R-80/R-200 zoning districts and is approximately 300 feet southwesterly from the intersection of Old North Road and NYS Route 25 in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 23.02- acres (subject to survey) of the 26.48± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 23.0± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Ilall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: December 16, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON December 24, 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 Suffolk Times Land Preservation Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board 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/'7~/4 day of~, 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: Francis PH Southold Town Clerk Sworn before me this /77v dayof ~ 2008. ~qotary Public LINDA g cooPER T~,~¥ pUBLiC State of New York NO - ~o "'~;'51~3 Sul~Oit~ coun~ NO, = )ecs December 31, Te~m ~xl . Page Cooper, Linda From: Sent: To: Cc: Subject: Cooper, Linda Thursday, December 18, 2008 12:53 PM JOAN ANN - Legals Neville, Elizabeth Legal notice for 12/24/08 Attachments: Francis 1-6-09 doc Joan Ann, Please send me confirmation that you received this notice. Thank you. Linda J. Cooper Deputy Town Clerk 12/18/2008