HomeMy WebLinkAboutLP-11/24/2009LAND PRESERVATION COMMITTEE MEETING
Minutes & Discussion Notes from Meeting held
Tuesday, November 24, 2009 at 7:00 p.m.
Members Present: John Sepenoski, Chairman (8:15 p.m.)
Ray Huntington Chris Baiz (absent 8:05-8:35 p.m.)
Monica HarbesLillian Ball
Eric Keil (7:30 p.m.)
Members Absent: Maureen Cullinane
Also present: Melissa Spiro, Land Preservation Coordinator
Melanie Doroski, Land Preservation Secretary
Al Krupski, Town Board Liaison
Stephen Searl, Peconic Land Trust (left 9:00 p.m.)
Commencement:
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The meeting began at 7:10 p.m. with four LPC members present.
Adoption of Meeting Minutes:
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ACCEPTANCE OF MEETING MINUTES FROM OCTOBER 13, 2009 AND OCTOBER 27, 2009
MOTION made by Ray Huntington, seconded by Eric Keil, to adopt the October 13, 2009 and
October 27, 2009 meeting minutes.
Motion carried: 4/0/1 (Monica Harbes abstained; Chris Baiz absent from vote)
Applications and Inquiries:
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CONWAY (Estate of Julia) PROPERTY
SCTM #: 1000-54-7-21.1 Offered: fee purchase or dev rights
Location: 4395 Hortons La, Southold Zoned: AC, R-40 (0.26 acre)
Total Acreage: 34 acres (GPS 33.86) CPF: Yes
Subdividable: Yes FWet: 0.52 acre (need to verify)
John Sepenoski, LPC Chairman, was not present for a discussion of this project due to a family
relationship.
PLT is working with the Conway family towards a preservation option of this farmland. Stephen Searl
from PLT present to answer questions.
The LPC members entered into EXECUTIVE SESSION.
Reviewed appraisal [executive session]
Appraisal was reviewed. Several preservation options were proposed by Committee that will be
further reviewed by Melissa Spiro, Land Preservation Coordinator and Peconic Land Trust for
viability. Using the $4 million bond for the purchase was considered. Melissa will report to Committee
at next LPC meeting.
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TPC LLC PROPERTY (Business Name: Beds and Borders)
SCTM #: 1000-127-2-2.1 PDR offered: All
Location: 550 Route 25, Laurel Zoned: R-80
Total Acreage: 14.8 acres (GIS 14.77) CPF: Yes
Subdividable: Yes F/MWet: 0 acres
Update re: Town Board session [executive session]
Ray gave report of meeting with Town Board in regard to this preservation project. Town Board
instructed LPC to move ahead with an appraisal and, upon its completion, to report back to Town
Board for further review within context of other opportunities.
END OF EXECUTIVE SESSION
Melissa & Melanie visited site on 11/24/09 and reported to Committee. There are both glass &
hooped greenhouses on the property with connecting cement walkways. A building houses an office
with bathroom. There is farm labor housing (trailer) on site and several areas with debris that may be
of environmental concern. Retail area on Main Road is not permitted under the current Code if
preserved. Landowner is aware of this and will remove if Town purchases easement.
MOTION made by Chris Baiz, seconded by Monica Harbes, to direct Melissa Spiro to commission an
appraisal of TPC LLC property (Beds and Borders/Kevin Cande) for the purchase of a development
rights easement.
Motion carried: 4/0 (Eric Keil and John Sepenoski not present for vote)
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GIRARDS PROPERTY (6900 Wickham Avenue, LLC)
SCTM #: 1000-107-10-10.1 Offered: 8.1 dev rights
Location: 6900 Wickham Ave, Mattituck Zoned: A-C
Total Acreage: 10.10 acres CPF: Yes
Subdividable: Yes F/MWet: 0 acres
Status Update.
LPC offer accepted. Contracts prepared and forwarded to Girards’ attorney in Syracuse for review.
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DEMCHAK PROPERTY (Oregon Rd)
SCTM #: 1000-84-1-11 Offered: dev rights
Location: 14380 Oregon Rd, Cutchogue Zoned: A-C
Total Acreage: 27 acres (GIS 27.69 acres) CPF: Yes
Subdividable: Yes F/MWet: 0 acres
SCTM #: 1000-84-1-12.1 Offered: dev rights
Location: 22867 CR 48, Cutchogue Zoned: A-C
Total Acreage: 5.76 acres (GIS 6.36 acres) CPF: Yes
Subdividable: Yes F/MWet: 0 acres
New Application.
Michael Demchak met with Melissa Spiro regarding his proposal to create 4 residential building lots
and sell the remaining developments rights on two parcels to the Town. He may be interested in
pursuing an open development area (ODA).
MOTION made by Ray Huntington, seconded by Eric Keil, to direct Melissa to commission an
appraisal of the two Demchak parcels. No structure restrictions for purposes of an appraisalwere
discussed at this time.
Motion carried: 5/0 (Chris Baiz absent from vote)
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SILL PROPERTY (Pipes Cove Target Area)
SCTM #: 1000-45-5-3 Offered: fee title / life estate
Location: 70282 Rt 25, Greenport Zoned: LIO
Total Acreage: 15.2 acres (GIS 14.96 acres) CPF: Yes
Subdividable: Yes F/MWet: 10.06 ac/ 0 ac
SCTM #: 1000-45-5-4 Offered: fee title / life estate
Location: 70284 Rt 25, Greenport Zoned: R-80
Total Acreage: 8.3 acres (GIS 8.95 acres) CPF: Yes
Subdividable: Yes F/MWet: 0 ac / 7.97 ac
New Application.
Mrs. Sill has sent a letter of inquiry to Town, County and The Nature Conservancy for the purpose of
the open space preservation of her property with the option of reserving a life estate for her continue
use of the house on the site. County likely to lead preservation with this ending up as partnership
project.
These properties are an integral part of the Pipes Cove Target Area for the preservation of Pipes
Cove.
Eric Keil reported that a concrete barricade has been installed by LIRR to abandon vehicle crossover
on railroad tracks that lies between the two parcels.
Ray Huntington suggested that Melissa contact Tom Isles, Suffolk County Planning, regarding
County’s position on acquiring open space properties with life estates. LPC members willing to
pursue 50/50 partnership with County if this is a viable option.
Melissa will keep LPC informed of County status.
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TUTHILL PROPERTY
SCTM #: 1000-17-6-14.2 Offered: dev rights
Location: 21920 Rt 25, Orient Zoned: R-80
Total Acreage: 35.34 acres (GIS 35.22 acres) CPF: Yes
Subdividable: Yes F/MWet: 0 / 16.10 acres
Discussed meeting with landowners, Planning Staff and Melissa.
The Tuthill Family owns several parcels that include a considerable amount of acreage in Orient.
Family members met with Planning Staff and Melissa to discuss options.
MOTION made by Lillian Ball, seconded by Ray Huntington, to direct Melissa Spiro to commission an
appraisal of the Tuthill property (SCTM #1000-17-6-14.2) for the Town’s purchase of a development
rights easement with agricultural structure restrictions. This appraisal will be used for working with the
Tuthill Family in a proactive way towards the preservation of this parcel.
Motion carried: 6/0
Applications & Inquiries for Uses or Structures on Preserved Property
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SCTM #1000-83-3-2.2 (Lieb Vines, LLC)
Request for Agricultural Equipment Storage Building on PDR land.
Lieb Vines, LLC (via Bill Kelly) has presented an application requesting LPC approval to construct a
proposed 48’x105’ agricultural storage building to store equipment/nets/tractors/mowers/harvesting
equipment to be situated in the southwest corner of property on which development rights were sold
to the Town on 1/24/2000. This is an allowable use under the terms of the easement in which “Land
used in agricultural production shall include fences, equipment storage buildings, livestock barns,
irrigation systems, and any other structures used exclusively for agricultural purposes.”
MOTION made by Ray Huntington, seconded by Chris Baiz, to approve application of Lieb Vines,
LLC requesting the approval from the Land Preservation Committee to construct a 48’x105’
agricultural storage building to store equipment/nets/tractors/mowers/harvesting equipment to be
situated in the southwest corner of property on which development rights were sold as proposed.
Motion carried: 6/0
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Town Preserves
Ken Reeves (Town Recreation Dept) inquiry re: Hiking Programs on Town Preserves
Ken Reeves had received a proposal to include a hiking/nature walk in the Town’s Recreational
Program. These walks are proposed to take place within Town owned preserves that have been
opened to the public. A small fee will be collected from participants payable to the Town of Southold.
LPC approved this use for the Town Preserves and Ken Reeves will be notified of this decision.
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SCTM #1000-58-1-1.1 (f/k/a Bittner)
Bittner Parking Area
Jim McMahon, DPW, has proposed relocating the proposed parking area on the Bittner property to be
located on the left side of the driveway which is closer to Sound View Avenue allowing for more
visibility than previously LPC approved Parking Area situated on the right side of driveway.
MOTION made by Eric Keil, seconded by Lillian Ball, to approve location of parking area on the left
side of driveway closer to Sound View Avenue provided parking area created be no larger than 40’
wide along the existing driveway by 25-30’ deep, and that existing gate be moved and reconstructed
in an area across the driveway, approximately 15-25 feet from northern end of parking area. Either
side of gateway is to be blocked to prevent vehicles from going around a locked gate. Reference
sketch prepared by Lillian Ball and marked as Exhibit A. Jamie Richter, Town Engineer, is to provide
a rendering of this proposal to LPC prior to construction of parking area and relocation of gate.
Motion carried: 6/0
Bittner Demolition Project
Memo dated 11/20/09 received from Jim McMahon, DPW and sent to Supervisor Russell, Town
Board and Melissa Spiro, regarding the Bittner Preserve – Demolition Project calls for an amendment
to Demolition Contract requesting additional funding payable to the contractor for screening the
excavated and unwanted material found behind the bulkheading that was used for backfill.
Jim will be making a formal request to Town Board at next work session scheduled for Tuesday,
December 1, 2009.
General Land Preservation Items:
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MELISSA SPIRO’S CONFIDENTIAL STATUS REPORT AND FINANCIAL SNAPSHOP UPDATE
[executive session re: status of offers] Not prepared forthis meeting.
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AGRICULTURAL ADVISORY COMMITTEE MEMO TO TOWN BOARD RE: $4 MILLION
FARMLAND BOND REVIEW AND PREPARE COMMENTS
HOLD for 12/8/09 LPC meeting.
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MELISSA SPIRO PRESENTED CODE CHAPTER 70, POLICIES AND EASEMENT:
AGRICULTURAL PRODUCTION DEFINITION (Start preliminary discussion)
HOLD for 12/8/09 LPC meeting.
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LPC LEGAL COUNSEL – 2010 Retainer Agreements
Proposed 2010 Retainer Agreements have been received from both LPC Special Counsel – Mary C.
Wilson, Esq., and Lisa Clare Kombrink (now a partner in the firm of Twomey, Latham, Shea, Kelley,
Dubin & Quartararo, LLP).
LPC directed Melissa Spiro to bring this matter to the Town Board and to prepare Town Board
resolutions for adoption for the execution of the 2010 Retainer Agreements for the services of Mary
C. Wilson, Esq. (open space preservation projects) and Lisa Clare Kombrink, Esq. (farmland
development rights easement preservation program).
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OPEN SPACE RELATED CONTRACTS – report from John Sepenoski
Investigative work of John Sepenoski and Ray Huntington regarding executed Town contracts with
private contractors for work performed/or to be performed on Town open space parcels showsneed
to be more clearly defined contracts - pages fully completed, filed in its entire form, for public review,
and followed-up pursuant to the terms of the contract. This matter came about due to Bittner
demolition project and LPC’s interest in contractor’s scope of work to be performed on preserve.
MOTION made by Ray Huntington, seconded by Chris Baiz, that the LPC forward to the Supervisor a
request for establishment of a standard operating procedure pertaining to contracts for improvements
on preserved lands (Contracting2 SOP.doc):
1. Outsourced work valued at more than $5000 must have contracts that include:
a. Scope or Statement of Work
b. Price and payment terms including any potential penalties
c. Accounts payable number
d. Performance bond or waiver of same
e. Quality and completion criteria
f. Work schedule
2. Materials used shall be in agreement with the characteristics of the preserved property – that
is, materials used shall not conflict with the purpose of the preservation.
3. The contract must be signed by both parties and include completed forms required by the bid
package.
4. AIA form A201 and other forms may be utilized but inappropriate parts must be struck
through.
5. All pages to be numbered and the total number of sheets accounted for.
6. The “original” shall be so marked and dated and filed with the Town Clerk before work starts.
7. Any change in the contract shall be in writing. Change orders may be simple but must be
documented and filed with the contract.
8. A Town contract administrator, who may be called upon by LPC to status the contracted
work, must be designated and noted in the file.
Motion carried: 6/0
Next Regular Meeting:
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The next regular meeting will be held on Tuesday, December 8, 2009, at 7:00 p.m., in the Annex
Executive Board Room.
Adjournment:
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The meeting was adjourned 10:01 p.m. by the six attending LPC members.
Respectfully submitted by Melanie Doroski, Land Preservation Committee Secretary