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HomeMy WebLinkAboutLP-07/20/2010LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, July 20, 2010 at 7:00 p.m. Members Present: John Sepenoski, Chairman Chris Baiz Ray Huntington Lillian Ball Eric Keil (7:35 p.m.) Maureen Cullinane (7:46 p.m.) Members Absent: Monica Harbes Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison (7:30 p.m.) Stephen Searl, Peconic Land Trust, Inc. Barbara Schnitzler, New Suffolk Waterfront Fund, Inc. Commencement: ?? The meeting began at 7:12 p.m. with four LPC members present. Adoption of Meeting Minutes: ?? ACCEPTANCE OF MEETING MINUTES FROM MAY 25, 2010, JUNE 22, 2010 AND JULY 8, 2010 MOTION made by John Sepenoski, seconded by Chris Baiz, to accept the Land Preservation Committee meeting minutes from May 25, 2010, as amended. Motion carried: 5/0/1 (Eric Keil abstained as not present for the 5/25/10 LPC meeting) MOTION made by Ray Huntington, seconded by John Sepenoski, to accept the Land Preservation Committee meeting minutes from June 22, 2010. Motion carried: 4/0 (Eric Keil and Maureen Cullinane not present at time of vote) MOTION made by John Sepenoski, seconded by Lillian Ball, to accept the Land Preservation Committee meeting minutes from July 6, 2010. Motion carried: 5/0/1 (Chris Baiz abstained as not present for the 7/6/10 LPC meeting) Land Preservation Applications and Inquiries: ?? None Addition to Agenda: ?? SCTM #1000- 107-10-10.1 (Girards) Status Update re: contract Girards contract from 11/18/2009 still not signed and returned to LPC attorney. On 6/24/10, Lisa th Kombrink, Esq. sent letter to seller’s attorney requesting that signed contract be returned by July 9. No response. Melissa left voice mail message with Mr. Girards for status update but as of meeting time, no response from him. LPC agreed to provide landowner with one more week for signed contract to be returned or offer will be withdrawn. Applications & Inquiries for Uses or Structures on Preserved Property: ?? SCTM #1000-86-1-10.9 (ZIP Peconic Wells, LLC)) Update re: status Tentative closing date has been set for Tuesday, August 3, 2010. Planning Board is finalizing Conservation Subdivision Plan. Planning is requiring 2 drainage areas as part of the Conservation Subdivision. One area equal to the amount of the Subdivision Open Space will be dedicated to the Town for drainage purposes, a second area will be located within the easement area. USDA-NRCS has approved the development rights project for the grant awards. The Easement language must be finalized and sent to NRCS for final approval. ZIP easement language was drafted when contract executed (2008), LPC is in the process of reviewing general Easement documents, particularly as they pertain to Section 1.02 and similar sections. In order to proceed with ZIP and to close within a timely fashion, a decision about the Easement language was necessary at this time. MOTION made by Lillian Ball, seconded by Chris Baiz, that the easement language for ZIP, particularly Section 1.02 and similar sections, remain as originally drafted allowing for reference to be made to Town Code Chapter 70 and New York State Agricultural and Markets Law Section 301(2)(a)- (j) now or as such laws and/or Code may be amended. Motion carried: 4/2 (no - Ray Huntington, Maureen Cullinane) ?? SCTM #1000-117-8-18 (PLT/New Suffolk Waterfront) Update re: status Stephen Searl (PLT) and Barbara Schnitzler representing the New Suffolk Waterfront Fund, Inc. (“NSWF”) presented scaled down project plan for the New Suffolk Waterfront property now owned by Peconic Land Trust, Incorporated. The NSWF has raised $1.5 million towards its goal of $2.7 million and only has until 12/15/10 to complete their mission, at which time the PLT can place the property up for sale to other interested purchasers. Stephen Searl presented options they are pursuing to reach their goal. They are in the process of pursing partial County acquisition. The County is requesting appraisals at this time. They would like to present a Concept Plan to the Town for Town Board approval, to purchase a Conservation Easement that would encompass most of the ±4 acre area excluding a section along the northern waterfront area that would include the marina, boat slips, Galley Ho building, and parking areas. This property is MII zoned and property usages are limited due to the small size of the parcel. They would like to maintain the marina area for income production, yet limit future expansion of the marina. The rest they would like to see as public use for beach access (kayaks, canoes), additional parking in New Suffolk, small trails, future pier and boardwalk. LPC requested of the NSWF and PLT that the committee and Town Board be presented with a Business Plan providing additional information, such as what uses for the property would be eliminated to justify the Town purchase, a forecast of on-going cost and revenue to assess continued preservation value without ongoing Town subsidy and clarification of access privileges for Town residents. Further, that such planning information be expedited since the LPC has not yet seen a proposal to support and the deadline looms near. Stewardship and Management: ?? DRAFT STEWARDSHIP MANAGEMENT PLAN FOR DOWN’S FARM PRESERVE (per John Sepenoski, Chair) John Sepenoski received no written responses to his e-mail request for comments. He has not fully reviewed the existing Stewardship Management Plan and Recorded Easement for Down’s Farm Preserve. Ray Huntington presented his proposed comments and changes to the existing plan and distributed hand-outs. LPC felt that it would be more productive for Melissa, John and Tim Caufield (PLT) to work together on this plan. Tee Pee Ted is advertising (stating co-sponsored by Town of Southold and Peconic Land Trust) programs to be held at Down’s Farm Preserve at a set cost. Although the events planned are consistent with approved uses of the preserve, it is felt that Tee Pee Ted is overstepping his boundaries in using the Preserve Building for his personal storage area, and not paying a fee towards the use of Town property for an event. This matter requires further investigation. ?? LPC STEWARDSHIP TASK LIST STATUS (per John Sepenoski, Chair) John Sepenoski, Chair, spoke with Jeff Standish (Deputy DPW) regarding status of stewardship task list. John inquired from Jeff about the status of the boardwalk construction at Arshamomaque Preserve since the wood had been purchased some time ago and was subject to reimbursement from an awarded DOT grant. Project has not been started. John suggested that with the upcoming annual Town Board meeting held on Fishers Island and the hope that several LPC members would be attending, that the Stewardship Task List be updated to include tasks such as removal of tire, etc., upon Town owned properties at Fishers Island. ?? MONITORING (PROPERTY CONDITION) REPORTS: SCTM #1000-51-2-8.6 Booth (per John Sepenoski) o John did field inspection of the Booth easement area on July 2, 2010 and found no issues. Property is in same condition as when Town purchased easement in 2005. Passive trails exist, some mowing occurs. Mile-A-Minute Weed (invasive plant species) was noted to exist in small southern section of the property, as well as a Town drainage pipe in northwest corner. Melanie prepared DRAFT letter providing a copy of John’s report along with information re: Mile-A-Minute Weed to be sent to Edward Booth. DRAFT letter to be reviewed by John Sepenoski before mailing. SCTM #1000-59-1-20.1 PLT/Harper (per John Sepenoski) o John did field inspection of the PLT/Harper easement area on July 2, 2010 and found property to be in better condition than when Town purchased easement in 2005. Phragmites (invasive plant species) removal is working and native plants are re-vegetating the area. John suggested that neighboring property owners and Town (right-of-way) be encouraged to participate in phragmites removal projects in this area. SCTM #1000-63-1-25 PLT/Charnews (per John Sepenoski) o John Sepenoski did field inspection of the PLT/Charnews easement area on July 4, 2010 and found no issues. Easement area is now actively farmed and electric deer fencing has been installed around crop field, all consistent with terms of recorded easement. SCTM #1000-74-2-15 Hubbard (per John Sepenoski) o John did field inspection of the Hubbard easement area on July 17, 2010. Open space areas appear to be mowed probably 3 to 4 times per year. No issues found. SCTM #1000-96-2-11; 1000-96-3-4.1; 1000-96-3-5 Goerler (per Ray Huntington) o Ray gave a verbal report of his findings on the Goerler easement area. No violations could be seen. He did note a small amount of wine cases were being stored in the refrigerated mixed- use building located within the easement area and questioned this use of the building. LPC felt that this limited use of a small portion of the building being used for wine storage can be considered as crop and part of the Goerler agricultural operation as storing his product. Ray will note this in his report. SCTM #1000-96-3-2 Starkie (per Ray Huntington) o Ray gave a verbal report of his findings on the Starkie easement area. In general, he found landowner compliant with easement language. Ray handed out marked area on survey indicating site of helicopter pad that was not noted on original survey. Also, a fully enclosed and grant funded pesticide mixing pad now exists on the premises and may be partially located within the easement area. GPS mapping needed to verify site location which John Sepenoski will provide. Ray concerned with language in older easements that contain a paragraph relating to generating, storing and/or disposal of hazardous substances on the premises that may relate to the pesticide mixing pad that appears to be partially within the easement area. Ray noted that Town Code requires that landowners of properties on which development rights have been sold to the Town, that they come before the Committee for approval of any changes to be made within easement area. LPC suggested that Ray note location of mixing pad in his report and that a copy of his report be sent to Mr. Starkie advising him to make an application to the committee for the mixing pad to obtain formal approval for the site location, and remind him that any changes made within the easement area require LPC approval prior to installation within the easement area. Other LPC members and Al Krupski not concerned with pesticide mixing as it is being conducted within a contained area and is a part of the existing agricultural farming activities. SCTM #1000-109-5-16.2; 1000-109-6-15 Caberon Properties (per Ray Huntington) o Ray did field inspection of the Caberon Properties easement area on June 30, 2010. He found easement area to be in excellent condition, better than when Town purchase easement in 2006. General Land Preservation Items: ?? DEVELOPMENT RIGHTS EASEMENT LANGUAGE Continue discussion from last meeting. HOLD for next LPC meeting. This will be listed on the agenda as the first discussion item for the August 3, 2010 LPC meeting. Informational: ?? SUFFOLK COUNTY FARMLAND COMMITTEE MEETING July 27, 2010 @ 6:00 p.m. in Riverhead Of interest on County Agenda – Driftwood Farms re: wedding events on County purchased development rights easement Next Regular Meeting: ?? The next regular meeting will be held on August 3, 2010, at 7:00 p.m., in the Annex Executive Board Room. No meeting on August 17, 2010. Adjournment: ?? The meeting was adjourned at 9:53 p.m. by the six attending LPC members. Respectfully submitted by Melanie Doroski, Land Preservation Secretary