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HomeMy WebLinkAboutDroskoski, AnnaSOUTHOLD TOWN BOARD PUBLIC HEARING October 20, 2009 4:45 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 4:45 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 Tuesda¥~ October 20~ 2009~ at 4:45 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 the Estate of Anna T. Droskoski. Said property is identified as part of SCTM # 1000-18.-4-7.1. The address is 28105 NYS Route 25. The property is located in the R-80 zoning district and is at the northwesterly intersection of NYS Route 25 and Browns Hill Road in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19+ acres (subject to survey) of the 21± 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 easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $75,500 (seventy-five thousand five hundred dollars) per buildable acre for the 19~ acre easement plus acquisition costs. The purchase price is subject to a provision that the landowner satisfies and agrees to any and all Federal requirements imposed in connection with the awarded grant from USDA-NRCS. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above Droskoski DRE Public Hearing October 20, 2009 2 mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may he examined by any interested person during business hours. I have a short environmental assessment form duly filled out and signed in the file and those are the only notices in the file. 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. Tom, just for clarification, the purchase price was $75,5OO. COUNCILMAN WICKHAM: I read $75,000 but I will have to look again carefully. $75,500 per buildable acre. Thank you. MS. SPIRO: Okay. So as noted, the heating is for the Town's purchase of development rights easement of agricultural purposes. The farm has been in the family for over one hundred years, the ownership is in a state. Patricia Sepenoski is the executrix of the estate and her son and extended family currently farm and plan to continue to farm the property. Patricia Sepenoski owns 10 acres of other farmland in East Marion and also she owned together with her brother-in-law, another 54 acres of farmland in Southold on which they sold the development tights easement to the Town in 2008. So she is a repeat participator in the Town's development rights program. The particular farm contains all prime ag soils and is adjacent to a preserved farm to the west. I am sorry the map doesn't have its easel, so I can't point that out. It is also in the vicinity of many other active farms. The purchase price is $75,000 per acre, it is in accordance with an appraisal which was completed for this specific property. The purchase is going to be funded with community preservation funds and 50 percent of the purchase price, which is over $700,000 will be funded by an awarded grant from the United States Department of Agriculture and the Natural Resources Conservation Service. The landowners are reserving about 2 acres on the southeast comer of the property fronting on Main Road. This allows for over 90 percent of the property to be currently preserved for agricultural purposes. The Land Preservation Committee and I both support this very important preservation, we hope that the Town Board proceeds with the acquisition. There are family members here tonight behind me and over on the other side of the room and I certainly thank them and I am sure the Town Board thanks them for giving us the opportunity to preserve this important farm and also to work with the federal government to get funding for this acquisition. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this local law? (No response) JUSTICE EVANS: I move to close the hearing. Droskoski DRE Public Hearing 3 October 20, 2009 This hearing was closed at 4:50 PM Southold Town Clerk Southold Town Board - Letter Board Meeting ;~)ctober 20, 2009 RESOLUTION 2009-869 ADOPTED Item # 5.41 DOC ID: 5376 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-869 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 20, 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 the Estate of Anna T. Droskoski on the 20th day of October, 2009, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-18.-4-7.1. The address is 28105 NYS Route 25. The property is located in the R-80 zoning district and is at the northwesterly intersection of NYS Route 25 and Browns Hill Road in Orient, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 19± acres (subject to survey) of the 21± 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 easement will be acquired using Community Preservation Funds. This project is also eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service ("USDA-NRCS"). The purchase price is $75,500 (seventy-five thousand five hundred dollars) per buildable acre for the 19± acre easement plus acquisition costs. The purchase price is subject to a provision that the landowner satisfies and agrees to any and all Federal requirements imposed in connection with the awarded grant from USDA-NRCS; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; 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, Generated October 26, 2009 Page 67 Southold Town Board - Letter Board Meeting of October 20, 2009 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 purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it 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; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by the Estate of Anna T. Droskoski, identified as part of SCTM #1000-18.-4-7.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the 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: William Ruland, Councilman SECONDER: ¥incent Orlando, Councilman AYES: Ruland, Orlando, Krupski .ir., Wickham, E~vans, Russell Generated October 26, 2009 Page 68 Southold Town Board - Letter Board Meeting of October 20, 2009 RESOLUTION 2009-8631 ADOPTED Item # 5.34 DOC ID: 5393 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-8631 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 20, 2009: RESOLVED that the Town Board of the Town of Southold hereby accepts the LGRMIF Local Government Records Management Improvement Fund grant award from the New York State Education Department~ New York State Archives in the amount of $88~053.00 for Active Records for the purchase of Municity software, customization, support, installation, and training. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski .Ir., Wickham, Evans, Russell Generated October 26, 2009 Page 69 #9493 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 15th day of October, 2009. / Principal Clerk Sworn to before me this tq day of NOTARY PUBLIC STATE OF NEW YORK NO. 01-V06105050 Qualified in Suffolk County 'm Explre~ February 28, 2012 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Communi[7 Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday. October 20. 2009. at 4:45 o.m- Southold subject to a Town-provided survey ac- ceptable to the Land Preservation Com- mittee and the property owner. The ease- ment will be acquired using Community Preservation Funds. This project is eligi- ble for partial funding from an awarded grant from the United States Depart- ment of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $75,500 (seventy- five thousand five hundred dollars) per buildable acre for the 19+ acre easement plus acquisition costs. The purchase price is subject to a provision that the landowner satisfies and agrees to any and all Federal requirements imposed in connection with the awarded grant from USDA-NRCS. ~l~e property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. 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 busfuess houm Dated: October 6, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 9493-1T 10/15 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or ProJect Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME I' 3. PROJECT LOCATION: Munidpality ~,,~' ~'6 ~'~ County ~ O ~' F'O~' ~ 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. PROPOSED ACTION IS: ~)New [] Expansion [~ Modification/alteration el DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LA~D.~kFFECTED: 4 Initially ./~, z- acres Ultimately /~ ~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~es [] No If No, descdbe briefly 9. Vv~AT IS PRESENT LAND USE IN VICINITY OF PROJECT? [~esidential [] Industrial [] Commercial l~gdculture [] Park/Forest/Open Space [] Other Descxibe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? J~J Yes J J No If Yes, list agency(s) name and permit/approvals: 11. 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. AS A RESULT OF PROPOSED ACTION VVILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ! / Applicant/sponsor name-. ~, ,~&.~,. ~-~'~[ ~._~ ) [.~'"~1'~ , C~:'~.. Date: Signature: ~ 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 IN 6 NYCRR. PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~Yes []No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If NO, a negative dedarafion may be superseded by another involved agency. COULD ACT{ON RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. 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 community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered spodes7 Explain briefly: C~.. ^ ~ommunit~'$ existin§ plans or goals as officially adopted, or a change in use or intenaiht of uso o[ land or other natural resources? Explain griefl¥: C5. Growth, subsequent development, or related activities likely to he induced by the proposed a~on7 ~xplain briefly: cg. Lon§ term, short term, cumulatNo, or other effects not identified in Ct -C67 Explain briefly: C7. Other impacts {incleding changes ia use of either quantity or t~pe of ener§y)? fixplain briefly: 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 bdefly: PART I11 - 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. ud3an 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 ~1 was cheched yes, the determination of significance must evaluate the potential impact of the proposed action on the envirenmental characteristics of the CEA. ] checkthisb~xify~uhaveidenti~ed~ne~rm~rep~tentia~y~arge~rsigni~cantadverseimpactswhichMAY~ccur~ ThenproceeddimctlyfotheFULI EAF and/or prepare a positive declaration. heck this box if you have determined, based on the information and analysis above and any supporting documentation, thai the proposed action WILl ~OT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppoding this determination Name of Lead Agency Print or T~~ncy Si~-n~[t~re of Respbnsible'Officer in Lead Agency Date Tit~sible Officer 'Signature of Pre~t'(If different ffem responsible offi~r) 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, October 20, 2009, at 4:45 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 the Estate of Anna T. Droskoski. Said property is identified as part of SCTM #1000-18.-4-7.1. The address is 28105 NYS Route 25. The property is located in the R-80 zoning district and is at the northwesterly intersection of NYS Route 25 and Browns Hill Road in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19± acres (subject to survey) of the 21 ± 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 easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $75,500 (seventy-five thousand five hundred dollars) per buildable acre for the 19± acre easement plus acquisition costs. The purchase price is subject to a provision that the landowner satisfies and agrees to any and all Federal requirements imposed in connection with the awarded grant from USDA-NRCS. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. 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 6, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON October 15, 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 Attorney Land Preservation Comptroller 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 /,~'~"day of d~a~, ,2009, she affixed a notice of which the annexed printed notice is a tree 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: Droskoski Sworn before me this /,~' day of ~'P.'c~G ,2009. LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01 CO4822563, Suffolk Cou.lty Term Expires December 31, 2q~ l~zabeth A. Neville Southold Town Clerk Southold Town Board ~ Letter Board Meeting of October 6, 2009 RESOLUTION 2009-803 ADOPTED Item # 5.9 DOC ID: 5322 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-803 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 6, 2009: 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¥~ October 20~ 2009~ at 4:45 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 the Estate of Anna T. Droskosld. Said property is identified as part of SCTM # 1000-18.-4-7.1. The address is 28105 NYS Route 25. The property is located in the R-80 zoning district and is at the northwesterly intersection of NYS Route 25 and Browns Hill Road in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19+ acres (subject to survey) of the 2 la: 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 easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $75,500 (seventy-five thousand five hundred dollars) per buildable acre for the 19± acre easement plus acquisition costs. The purchase price is subject to a provision that the landowner satisfies and agrees to any and all Federal requirements imposed in connection with the awarded grant from USDA-NRCS. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: William Ruland, Councilman Generated October 13, 2009 Page 15 Southold Town Board - Letter Board Meeting of October 6, 2009 AYES: Ruland, Orlando, Krupski .Ir., Wickham, Evans, Russell Generated October 13, 2009 Page 16