HomeMy WebLinkAboutLP-02/23/2010LAND PRESERVATION COMMITTEE MEETING
Minutes & Discussion Notes from Meeting held
Tuesday, February 23, 2010 at 6:30 p.m.
Members Present: John Sepenoski, Chairman (6:35 p.m.) Lillian Ball
Ray Huntington Monica Harbes
Chris Baiz (left 7:30 p.m. for TBd mtg) Maureen Cullinane
Members Absent: Eric Keil
Also present: Melissa Spiro, Land Preservation Coordinator
Melanie Doroski, Land Preservation Secretary
Barbara Shinn, Landowner (Shinn Vineyard)
David Page, Landowner (Shinn Vineyard)
Commencement:
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The meeting began at 6:33 p.m. with five LPC members present.
Adoption of Meeting Minutes:
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ACCEPTANCE OF MEETING MINUTES FROM FEBRUARY 9, 2010
Not prepared for LPC review in time for meeting.
Applications and Inquiries:
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SCTM #1000-100-4-3.2 (Shinn Estate Vineyards / David Page & Barbara Shinn)
Review of January 12, 2010 memorandum from Planning Board
Report and discussion of potential alternatives.
David Page & Barbara Shinn – 6:45 p.m. appointment
Melissa Spiro, Land Preservation Coordinator, requested that a motion be made concerning the
position of the Land Preservation Committee that was established at the 2/9/10 LPC meeting after
conferring with legal counsel for the purpose of responding to the January 12, 2010 memorandum
from Planning Board.
MOTION made by Maureen Cullinane, seconded by Ray Huntington, to send a written response to
the Planning Board stating that the Land Preservation Committee upon advice of Counsel,
determined that the recorded easement does not permit special events such as weddings, parties
and catered affairs with tents and associated parking on the easement area.
Motion failed: 3/1/2 (Lillian Ball, no; Monica Harbes & Chris Baiz, abstained)
Melissa Spiro gave a report on research of the 10’ wide strip of land along the easterly boundary line
and triangular area at the southeasterly corner of the property that contains a dirt farm road as it
appears on the Town’s survey of the property as prepared by John Ehlers, and revised by Stanley
Isaksen, land surveyors. A discussion concerning a potential alternative, and aerial views of the
property showing possible scenarios for reconfiguring the easement area took place. Easement area
acreage would remain the same, but boundary lines would change – removing the area containing
the dirt farm road to the south of the reserved area containing the homestead, and winery buildings.
Landowners were acceptable to pursuing this revision to the easement area that would re-establish
the acreage (approximately .3 acre) within the flag strip to an area behind the reserve area where
buildings are located.
MOTION made by Maureen Cullinane, seconded by Lillian Ball, to proceed with all necessary actions
to pursue a re-configuring of the easement area boundary lines, keeping the acreage the same, by
removing the 10’ strip and triangular shaped area (flag shaped) containing approximately .3 acre from
the reserve which contains a dirt farm road, to the easement area and applying this .3 acre area to
the south of the reserve area that houses the homestead and winery operation, provided landowners
can provide copy of a recent title search to the Committee to start the legal review that will establish
procedure for this possible alternative.
Motion carried: 6/0
David Page brought up NYS Agriculture & Markets definition and NYS Agriculture & Markets review
of Shinn Vineyards.
MOTION made by John Sepenoski, seconded by Chris Baiz, to direct Melissa Spiro to obtain any
NYS Agriculture & Markets opinions in regard to Shinn Vineyards from the Town Attorney for
distribution and review by Committee members prior to next LPC scheduled meeting.
Motion carried: 6/0
David Page and Barbara Shinn noted that they have committed to 4 weddings this summer and did
so based on the fact that they had received past approvals from Building Dept. and Zoning Board to
hold weddings in the past. They asked if the Committee could pass a motion to allow these 4
weddings to proceed while the LPC determination on use and the lot reconfiguration potential were
under review. John Sepenoski noted that he did not think that the LPC had the authority to do so, but
he would review and that the Land Preservation Committee would discuss again at its next meeting.
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SCTM #1000-55-1-9 (New Suffolk Land Co., LLC, Horton Lane)
Review inquiry re: potential purchase of development rights
Melissa Spiro, Land Preservation Coordinator, met with potential purchasers regarding their interest
in purchasing this property together with their real estate salesperson. They appear to be ready to
make an offer to landowner provided the Town would be interested in purchasing development rights
at a simultaneous closing. Potential purchasers have no standing before LPC as they are not in
position of landowner or contract vendee. Potential purchasers proposed to pay for, or reimburse
Town, for cost of Town’s appraisal of the property if LPC will proceed with determining purchase offer
for development rights.
MOTION made by John Sepenoski, seconded by Chris Baiz, to direct Melissa Spiro to proceed to
commission an appraisal of property identified as SCTM #1000-55-1-9 provided potential purchaser
provide funds to the Town in advance for payment of the appraisal with an understanding that
appraisal cost will only be reimbursed by Town of Southold if potential purchaser goes to contract
with landowner for fee title and with Town for sale of development rights. Reimbursement for
appraisal cost will take place at time of simultaneous closing.
Motion carried: 6/0
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SCTM #1000-57-1-1 (Dyer)
Inquiry from adjacent property owner re: potential preservation
Subject building lot is located on the corner of Route 25 and Tarpon Drive in Southold. This area
known as the Southold Shores subdivision has drainage problems and this lot is frequently flooded. In
2006, LPC had made low priced purchase offer to landowner for this single and separate lot that was
not accepted. LPC discussed neighbor’s request that LPC increase offer to landowner to purchase
property. LPC is not able to consider making a higher offer at this time and adjacent property will be
notified accordingly in response to his inquiry.
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SCTM #1000-86-1-10,9 (ZIP Peconic Wells, LLC)
Review appraisal prepared for Federal Farmland grant purposes
[executive session for appraisal review]
The members entered into EXECUTIVE SESSION.
Appraisal prepared for Federal Farmland grant purposes was reviewed and found acceptable by
Committee members. Melissa Spiro was instructed to send this appraisal to federal grant agency for
grant review.
END OF EXECUTIVE SESSION
Melissa gave status update of project undergoing Planning Board review. A gently sloping swale is
being considered for drainage purposes. The Committee is favorable to allowing swale within the
development rights easement area as long as area remains available for agriculture.
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SCTM #1000-127-2-2.1 (TPC, LLC - Business Name: Beds and Borders)
Appraisal Review
[executive session].
HOLD for discussion at 3/9/10 Land Preservation Committee meeting as appraisal was not received
in time for proper review before meeting.
Addition to Agenda:
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SCTM #1000-45-5-3 & #1000-45-5-4 (Sill)
Request of The Nature Conservancy to commission an environmental site inspection (Phase I)
prior to entering into contract for fee title purchase of property.
LPC is not favorable to ordering an environmental site inspection prior to obtaining a signed contract.
Applications & Inquiries for Uses or Structures on Preserved Property
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INQUIRY FROM MATTITUCK-CUTCHOGUE CUB SCOUT PACK 39 re: birdhouses
John Sepenoski met with Cub Scout Leader who has agreed to amend the scouts’ birdhouse project
to build and provide 8 to 10 birdhouses to attract bluebirds to Custer Preserve.
MOTION made by John Sepenoski, seconded by Maureen Cullinane, to approve amended request of
Mattituck-Cutchogue Cub Scout Pack 39 to build and provide 8 to 10 bluebird houses at Custer
Preserve. Placement of the bluebird houses will be under the direction of John Sepenoski who has
volunteered to meet with the Cub Scout leader for this purpose.
Motion carried: 5/0 (Chris Baiz not present for vote)
General Land Preservation Items:
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LAND PRESERVATION DEPARTMENT 2009 YEAR END REPORT
Melissa distributed 2009 Year End Report to LPC members for review and comment.
Ray Huntington requested that, even though the Town did not conclude any open space purchases in
2009, that this information be included within the report. Melissa will revise report.
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UPDATE re: TOWN BOARD STEWARDSHIP AGENDA ITEM AT 2/23/10 TBd WORK SESSION.
It was established that LPC is to make recommendations regarding stewardship projects within Town
Preserves directly to the Town Board for their review (reject, accept and/or modify) and Town Board
will issue work order to Department of Public Works.
Town Board directed that another meeting be scheduled between Town Board, LPC and DPW
regarding stewardship which will be scheduled by Ruthanne Woodhull, Secretary to the Supervisor.
The “Stewardship Management Working Group” was discussed as to continuing the group or
abolishing it. No action will be taken at this time; however, John Sepenoski was directed to remove
the phrase “Stewardship Group” from the written Management Plans.
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PROPOSED AMENDMENTS TO THE SUFFOLK COUNTY CHAPTER 8, PURCHASE OF
DEVELOPMENT RIGHTS PROGRAM
Finalize LPC comments for Public hearing set for March 2, 2010.
Melissa received recent correspondence from Legislator Ed Romaine regarding the upcoming public
hearing concerning revisions to Suffolk County Chapter 8. He has requested that all written
comments be directed back to him prior to the public hearing set for March 2, 2010.
Melissa distributed written comments to be submitted to Ed Romaine and to be read at the public
hearing. Melissa or Maureen will attend the public hearing to have LPC’s written comments regarding
proposed changed to Chapter 8 made a part of the public record.
Next Regular Meeting:
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The next regular meeting will be held on Tuesday, March 9, 2010, at 7:00 p.m., in the Annex
Executive Board Room.
Adjournment:
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The meeting was adjourned 9:37 p.m. by the five remaining LPC members.
Respectfully submitted by Melanie Doroski, Land Preservation Secretary