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HomeMy WebLinkAboutP&E LLCSOUTHOLD TOWN BOARD PUBLIC HEARING July 14, 2009 7:32 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 Martin Finnegan This hearing was opened at 7:58 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 Tuesday~ July 14~ 2009 at 7:32 p.m. Southold Town Hall~ 53095 Main Ro~d~ Southoid~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by P&E LLC. Said property is identified as part of SCTM #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 18± acres (subject to survey) of the 22.17± 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 $65,000 (sixty-five thousand dollars) per buildable acre for the 18± 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 open space agricultural and aquifer recharge area values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that it was published as a legal in the local newspaper and it has also appeared on the Town Clerk's bulletin board outside. We have already reviewed the environmental, taken the environmental resolution a few minutes ago. P & E LLC Development Rights Easement Public Hearing 2 July 14, 2009 SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this public hearing? Melissa? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, Land Preservation Coordinator. This hearing, as Councilman Wickham said, is for the town to purchase development rights easement for agricultural purposes on approximately 18 acres of the 22 acre farm. The landowner, Peter Harbes, is a third generation farmer. The farm contains prime agricultural soils and is adjacent to and in the vicinity of other active farms. The landowner is a repeat development rights seller, having sold in 2006 the development rights easement on 35 acres to the town on a farm he owns directly to the south to this farm. The negotiated purchase price is $65,000 per acre and that is in accordance of an appraisal which was completed for the property. The purchase will be funded with Community Preservation funds and a closing is expected hopefully by the end of August. The landowner is reserving from the easement an area approximately 4 acres fronting on Aldrich Lane, he is before the Planning Board for something called an open development subdivision for three residential lots within the area reserved from the easement. The open development subdivision is a subdivision meeting the requirements of a conservation subdivision whereby the landowner goes before the Planning Board for sketch plan approval now and he goes before the Town Board for the approval for the right to seek future approval of the creation of lots, in this case, the three lots and he completes the preservation, again in this case, 18 acres now. So it basically is a way to preserve at least 80% of the property now and for the landowner to seek final approval for the lots in accordance with the conservation subdivision regulations in the future. The Planning Board and the Town Board will each be holding hearings pertaining to the open development subdivision. The Land Preservation Committee and I all support this purchase and we recommend that the Town Board proceed with acquiring the easement. Of course, I need to note that the town cannot pursue our preservation efforts without the landowners and we thank Peter Harbes, who is not here tonight, for this opportunity to preserve another farm. As noted, the funding will come from the Community Preservation Fund and I would like to take this opportunity to note that the Community Preservation Fund, commonly known as the 2 % transfer tax, is a dedicated fund for preservation purposes. The purposes of the fund are to exclusively implement the Community Preservation Project Plan to acquire interests or rights in property for the preservation of our communities character, to establish a transfer of development rights bank if we have a transfer of development rights program and to provide for management and stewardship of the rights and interests acquired with the Community Preservation Fund. And funds from the Community Preservation Fund cannot be transferred to any other account for any other purpose. Thanks. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anyone else like to come up and address the Town Board on this particular acquisition? Mr. Harris. P & E LLC Development Rights Easement Public Hearing 3 July 14, 2009 PETER HARRIS: I have one question. This subdivision, is this for family members only or is this building lots that they can turn around and sell privately? MS. SPIRO: Pete, this isn't a hearing on the subdivision. That will be before the Planning Board but there are no requirements as to who the lots can be sold to. There is nothing in the conservation subdivision regulations. MR. HARRIS: Okay. I am just, you know, sitting back there trying to do the math and the amount of money we are paying out and then possible three or four lot subdivision that they can put in, Melissa? MS. SPIRO: Yes. On a 22 acre farm. COUNCILMAN WICKHAM: Pete, in effect, that area has been reserved and is not part of what the town is buying. That portion is not part of the project. MR. HARRIS: Okay. COUNCILMAN WICKHAM: It is like when somebody goes in, they reserve certain part of the property and is not putting it into the program. MR. HARRIS: Okay. I am just, from my perspective, it is like a double edge sword. You know. We are paying for the development rights and then we are turning around and holding off part that we can put out to make a substantial gain. So that is, it just seems like... MS. SPIRO: Just so I can address that, the landowner has a 22 acre parcel that is zoned two acres. So he has the right to a lot more than three lots. The three lots are in conformance with a conservation subdivision which requires a minimum preservation of 80% and allows a, you need to reduce your density by 60%, so his density actually is reduced by more than 60% overall on that whole piece. So he is well within the conservation subdivision requirements. So what we are buying on our easement, we are extinguishing those rights and he is retaining his rights on the acreage he is leaving behind. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular acquisition? (No response) This hearing was closed at 8:05 PM Elizabeth A. Neville Southold Town Clerk Southold Town Board - Letter Board Meeting o~ 2009 RESOLUTION 2009-610 ADOPTED Item # 5.30 DOC ID: 5101 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-610 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14, 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 P&E LLC on the 14th day of July, 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 #1000-120.-3-I 1.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 18± acres (subject to survey) of the 22.17± 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 $65,000 (sixty-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space agricultural and acquifer recharge values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and Page36 Generated July 16, 2009 Southold Town Board - Letter Board Meeting of July 14, 2009 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by P&E LLC 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 #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The development rights easement comprises a part of the property consisting of approximately 18± acres (subject to survey) of the 22.17± 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 $65,000 (sixty-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, 3ustice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated July 16, 2009 Page 37 Southold Town Board - Letter Board Meeting 14, 2009 RESOLUTION 2009-609 ADOPTED Item # 5.29 DOC ID: 5100 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-609 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14, 2009: WHEREAS, the Town Board of the Town of Southold wishes to pumhase a development rights easement on a certain parcel of property owned by P&E LLC 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 #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 18± acres (subject to survey) of the 22.17± 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 $65,000 (sixty-five 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 imoact 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: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated July 16, 2009 Page 35 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator ~i JUL 1 7 Date: June 16, 2009 Re: Purchase of a development rights easement on property owned by P&E LLC Location: 5655 Aldrich Lane. SCTM# 1000-120.-3-11.11. Zoning District A-C The proposed action is for the acquisition ora development rights easement on a part of the property consisting of approximately 18± acres (subject to survey) of the 22.17± 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: Martin Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator 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) .--. APPL,CANT,SPONSOR / PROJECT NAME c. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. PROPOSED ACTION IS: {~DNew [] Expansion [] Modification/alteration ,. DESCRIBE PROJECT BRIEFLY: ,~ 7. AMOUNT OF LAND FECTED: <~'~'~--~(~1'*'~' Initially I ~:~ ~j~ acres Ultimately I ~ ac~es 8. WILL PROPOSED ACTION COMPLY WITH E~XISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~Yes [] No If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? '~Resident[al [] Industrial [] Commercial Describe: ~'Agriculture [] 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 [~ No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? U Yes ~ No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFrCATION? DYes {~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE / Applicant/sponsorname: (~1~¢.~_ ~,~,~e~ ~r~¢~. ~'eo~'~., Date: ~///4/O~' Signature: ~ ~ ' / ' I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD tN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. lYes I 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 handwritten, if legible) C1. Existing air quality, surfaco or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetic, sgdoultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered spscies? E. xplain bflefl¥: C4. ^ ¢ommuni~'s existing plans or §aais as officially adopted, or a change in use or intan$i~ of use of land or other natural resources? fixplain C5. Growth, subsequent development, or related activities likely to bo induced by the proposed action? Explain bdefly: C6. Long term, short term, cumulative, or other effects not ideedfled in Ct -C67 Explain briefly: C?. Other impacts (including changes in u~e of either quantity or type o~ snerg¥)? fixplain D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [~o 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: 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) seffing (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. ] ~heckth~sb~xify~uhaveidenti~ed~ne~rm~rep~tentia~y~a~ge~rsigni~cantadverseimpactswhichMAY~ccur~ ThenproceeddimctlytotheFULL EAF and/or prepare a positive declaration. [~ Check this box if you have determined, based on the information and analysis above and any supporting 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 ~.~ Na,7~°f Lead Agency S~ of Responsible Offimr in Lead Agen~ Date Title of Responsible Officer Signhture o~ ~reparer (ff di~nt from respon*ible 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 ,~q~ day of -,.T'~'.~,£ , 2009, 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 in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: P & E LLC ~SJ l~[izabeth A. Neville Southold Town Clerk Swom before me this c,7 '2. day of ~cxJ~4 ,2009. I'4ota~-y Public #9357 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 2nd day of July, 2009. Sworn to before me this LEGAL NOTICE NOTICE OF PI~LIC ~G NOTICE 1S I~REEY 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 Southo d hereby ~s 1~esdav. July 14, ~ at 7'32 Dm. Southold Town Hall 53095 Main Road. Southold. New York as the time and olace for a mublic hea~ for the nurchase ora develomment fi~hts garment on o~o~ertv owned by P&E LL~C. Said property is identified as part of SCTM #1000-120.-3-11.11. The ad- dress is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The pro- posed acquisition is for a development rights easement on a part of the prop- erty consisting of approximately 18± acres (subject to survey) of the 22.I7± acre parcel. The exact area of the acquisition is subject to a Tovm-provided survey acceotable to the Land P~eservatinn Committee and the property owner. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 18± ac~e easement plus acquisition costs. The easement wig be acquired us- ing Community Preservation Funds. The property is listed on the Town's Community. Preservation ]:5~oject Plan as property that should be preserved due to its open space agricultural and aquifer recharge area values; and FURTHER NOTICE- is hereby given that ~ more detailed description ~)f the above mentioned parcel of Iand zs 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 hours. Dated: July 30, 2009 BY ORDER OF Principal Clerk ( CHRISTINA VOLINSKI NOfARY PUBLiC-STATE OF NEW YORK No 01-VO6105050 Quailtied 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~ July 14~ 2009 at 7:32 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by P&E LLC. Said property is identified as part of SCTM #1000-120.- 3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 18± acres (subject to survey) of the 22.174- 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 $65,000 (sixty-five thousand dollars) per buildable acre for the 18± 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 open space agricultural and aquifer recharge area values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: July 30, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON July 2, 2009 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 Town Board Members Town Attomey Land Preservation Comptroller Town Clerk's Bulletin Board Page 1 of 1 Cooper, Linda From: Legals [legals@timesreview.com] Sent: Wednesday, June 24, 2009 2:23 PM To: Cooper, Linda Subject: RE: Legal notice of PH P&E LLC dev. rts easment Hi Linda, Received the legal and we are good to go, thanks! Candice P.S. Be careful, it might be a trick, or an imposter. The sun ran away a long time ago! ;) From: Cooper, Linda [mailto:Linda. Cooper@town.southold.ny,us] Sent: Wednesday, June 24, 2009 2:08 PI~ To: Suffolk Times Legals Subject: Legal notice of PH P&E LLC dev. rts easment Hi, Please confirm receipt of this legal notice of PH to be published in the Suffolk Times on 7/2/09 Thank you. Linda Cooper Deputy Town Clerk PS I think the sun is trying to come out. Woohoo!! 6/24/2009 Southold Town Board - Letter Board Meeting of~une 30, 2009 RESOLUTION 2009-564 ADOPTED Item # 5.25 DOC ID: 5117 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-564 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 30, 2009: RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2009-541 by changing the public hearing date and time to July 14~ 2009 at 7:32 p.m.: "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 Tuesday, June ~, July 14, 2009 at 4~g-pam.7:32 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 easemem on property owned by P&E LLC. Said property is identified as part of SCTM #1000-120.-3-1.1.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane. approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed acquisition is for a development rights easement on a part of the property consisting Of approximately 18± acres (subject to survey} of the 22.17± 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 $65,000 (sixty-five thousand dollars) per buildable acre for the 18± 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 open space agricultural and aquifer recharge area values; 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 Generated July 1, 2009 Page 29 Southold Town Board, LEtter Board Meeting of June 30, 2009 hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert KrupskJ Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, I~rupskJ .~r., Wickham, Evans, Russell Generated July 1, 2009 Page 30