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HomeMy WebLinkAboutLP-10/12/2010 LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, October 12, 2010 at 7:00 p.m. Members Present: John Sepenoski, Chairman Maureen Cullinane Ray Huntington Chris Baiz Eric Keil Lillian Ball (7:15 p.m.) Members Absent: Monica Harbes Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Stephen Searl, Peconic Land Trust Commencement: ?? The meeting began at 7:12 p.m. with five LPC members present. Adoption of Meeting Minutes: ?? ACCEPTANCE OF MEETING MINUTES FROM AUGUST 3, 2010, SEPTEMBER 14, 2010 AND SEPTEMBER 28, 2010 MOTION made by John Sepenoski, seconded by Eric Keil, to accept the August 3, 2010 LPC meeting minutes, as amended. Motion carried: 4/0/2 (Chris Baiz and Maureen Cullinane abstained as not present for 8/3/10 meeting) MOTION made by Chris Baiz, seconded by Maureen Cullinane, to accept the September 14, 2010 LPC meeting minutes, as corrected. Motion carried: 4/0/2 (Ray Huntington and Eric Keil abstained as not present for 9/14/10 meeting) MOTION made by Lillian Ball, seconded by Maureen Cullinane, to accept the September 28, 2010 LPC meeting minutes. Motion carried: 4/0/2 (Chris Baiz and Eric Keil abstained as not present for 9/28/10 meeting) Land Preservation Applications and Inquiries: ?? SCTM #1000-14-2-29.2; 29.3; 29.4 & 19-2-2; 3; 12.2 (Pappas and Vasilas) Reviewed September 30, 2010 letter Status update given by Melissa Spiro. Project is being reviewed by Planning staff for a combination lot line change/conservation subdivision, yielding 4 residential waterfront lots on LI Sound, reserve area with access to LI Sound, and development rights easement area. LPC approved ordering an appraisal at a prior LPC meeting. Since Melissa has received formal letter from landowners with their intent to sell development rights easement area to Town, LPC gave permission to Melissa to order an appraisal of these properties at this time. ?? SCTM #1000-108-3-7 (Tuthill f/k/a Ackermann) Reviewed inquiry New landowner has application before the County to sell development rights. Project is being reviewed by County Farm Select Committee. County legal counsel is questioning right-of-way access gained through June Croon property that appears to only have been granted to landowner for his personal use and not running with the land in perpetuity. Charles Cuddy, Esq., legal counsel for landowner, inquired into Town’s interest in purchasing development rights easement. Town would have same legal questions regarding access right-of way. LPC decided to let County pursue purchase at this time. ?? SCTM #1000-54-7-21.1 (Conway) Update re: status LPC Chair, John Sepenoski, was not present for a discussion of this project due to a family relationship. Conway contract is signed by landowner and next step is the scheduling of a public hearing. Part of purchase is to be in accordance with Farmland Bond, currently under review. In order to not delay closing, survey has been ordered and a Phase I ESA will be ordered soon. Lot line change (3 acres to Joe Conway) is before the Planning Board and needs County Health Department approval. Addition to Agenda: ?? SCTM #1000-107-5-1.1 (Swain) Update re: status Stephen Searl of PLT is working with landowner and potential buyer of underlying fee. Landowner has requested additional time to consider LPC purchase offer. MOTION made by John Sepenoski, seconded by Eric Keil, to grant an additional thirty (30) days to Bradley T. Swain to consider LPC purchase offer dated September 15, 2010. Motion carried: 6/0 Applications & Inquiries for Uses or Structures on Preserved Property: ?? SCTM #1000-19-1-1.4 (Cullinane) Request application for poultry house, covered run and fenced pasture Formal motion Maureen Cullinane was not part of this discussion as this was request application for her personal property. MOTION made by Eric Keil, seconded by Lillian Ball, to formally approved landowner, Maureen Cullinane’s request application for the erection of a 12’x60’ poultry house, 48’x48’ covered run, and 525’x275’ fenced pasture to be located where indicated as sketched on survey of the property submitted with the application. Said structure is to be used for housing poultry. A copy of LPC approval letter to be sent to the Planning and Building Departments. Motion carried: 5/0 (Maureen not present for vote) ?? SCTM #1000-96-3-2.2 (Starkie) Reviewed application for as-built pesticide mixing pad LPC reviewed request application for as-built pesticide mixing pad submitted by landowner George Starkie for formal LPC approval. MOTION made by Ray Huntington, seconded by Chris Baiz, that the LPC accept and approve Mr. George Starkie’s (Starkie Family Farms, Inc. – SCTM #1000-96-3-2.2) request for agricultural structure placement on PDR lands dated 9/28/2010. Such request being for an as-built pesticide mixing pad that, constructed under government regulatory advice and requirement, extends beyond reserved land onto preserve land by approximately 11 feet. Motion carried: 6/0 Stewardship and Management: ?? MONITORING (PROPERTY CONDITION) REPORTS: SCTM #1000-63-2-6.2 Reinckens f/k/a Duffy (per John Sepenoski) o HOLD for discussion at next LPC meeting. SCTM #1000-69-1-9.1 Doroski Family (per John Sepenoski) o No easement violations noted during inspection. Easement area is fallow, but mowed. Invasive plant species, Mile-a-Minute Weed was found growing along eastern boundary line. SCTM #1000-84-1-3 Demchak (John Sepenoski/Melanie Doroski) o No easement violations noted during inspection. Easement area planted in sod. SCTM #1000-84-3-2.2 Lieb Vines (John Sepenoski/Melanie Doroski) o No easement violations noted during inspection. Construction completed of a Morton Style building located in the southwesterly corner of the property (30’ from westerly property line, or at the minimum setback required by Code), at a depth of about 800’ south from Oregon Road as approved by LPC on 12/1/2009. Easement area mostly planted in grape vines. SCTM #1000-95-1-4.3 Schreiber (John Sepenoski/Melanie Doroski) o No easement violations noted during inspection. For future monitoring, note to file that several rows of grape vines and sod are planted within the Reserve Area. SCTM #1000-96-3-2.2 Starkie (Ray Huntington) o LPC action during this LPC meeting concerning the as-built pesticide mixing pad found to be partially constructed within the easement area. Ray Huntington noted that he observed 4 helicopters and a helicopter pad located within the reserve area that existed at time of easement purchase. SCTM #1000-100-4-2.2 Caracciolo f/k/a Sidor (Eric Keil/Melanie Doroski) o Deer fencing and fuel storage tank have been installed without LPC review and approval. Eric suggested that landowner be supplied with a Request for Agricultural Structure Placement on PDR lands for as-built deer fencing installation and fully contained double-walled fuel storage tank with concrete pad, for submission to LPC for formal approval. Melanie will provide form to landowner when mailing copy of the property condition inspection report to landowner. Easement area contains a tree/shrub nursery operation. SCTM #1000-100-4-3.2 Shinn Vineyards f/k/a Page/Shinn (Eric Keil/Melanie Doroski) o No easement violations noted during inspection. Wind turbine has been constructed within PDR land as approved by LPC on 1/13/2010. SCTM #1000-100-4-5.4 Smithen (Eric Keil/Melanie Doroski) o Drive-by inspection was done from roadside on both Elijah’s Lane and Oregon Road. Deer fencing within Town right-of-way has been installed, except post installation not completed along Oregon Road. Tasting Room noted within easement area that is not an allowable use as are access roads to said Tasting Room. Signs installed directing customers to said Tasting Room. Violations have already been issued by the Town Code Enforcement Officer. SCTM #1000-101-1-7.2 Tuthill, John (Eric Keil/Melanie Doroski) o No easement violations noted during inspection; however, there is an uncontained fuel storage tank that supplies fuel to well pump located within the easement area. Small oil spill noted under tank, as well as spilled oil filter. Melanie will notify landowner to clean up oil spill area before it should become detrimental to the soil. Easement area is planted in potatoes. SCTM #1000-107-5-6.3 B&H Farms f/k/a Courtenay (Eric Keil/Melanie Doroski) o HOLD for future discussion due to time constraints. SCTM #1000-109-1-8.8 Cross (Eric Keil/Melanie Doroski) o No easement violations noted during inspection; however, a small shed is under construction within easement area and its location has not been reviewed or approved by the LPC. Eric suggested that landowner be supplied with a Request for Agricultural Structure Placement on PDR lands for said shed which Melanie will provide to landowner when mailing property condition report. Easement area is greenhouse and nursery stock. Small gully erosion is occurring in roadways between greenhouses. HOLD the following monitoring reports due to time constraints. SCTM #1000-112-1-8.2 Pangari f/k/a Simmons/Nicholas (Eric Keil/Melanie Doroski) o SCTM #1000-112-1-9.1 N&L Properties, LC f/k/a Koroleski (Eric Keil/Melanie Doroski) o SCTM #1000-113-7-19.26 Bicycle Path, LLC f/k/a Simicich (Eric Keil/Melanie Doroski) o SCTM #1000-115-2-9.3 Foreman f/k/a Sidor, Barney (Eric Keil/Melanie Doroski) o SCTM #1000-120-5-1 Macari f/k/a Smith, Thornton (Eric Keil/Melanie Doroski) o SCTM #1000-121-1-1-6 Macari f/k/a Smith, Thornton (Eric Keil/Melanie Doroski) o SCTM #1000-18-6-14.9 Ezair f/k/a Latham Farms (Maureen Cullinane) o SCTM #1000-19-1-10.6 & 10.7 Latham (Maureen Cullinane) o SCTM #1000-19-1-11.6 Webber (Maureen Cullinane) o SCTM #1000-19-1-14.10 CW Francis & Son (Maureen Cullinane) o SCTM #1000-20-1-2.2 Whitsit (Maureen Cullinane) o SCTM #1000-20-1-3.2 Egan f/k/a Terry, Orville (Maureen Cullinane) o SCTM #1000-20-3-5.1 Peconic Land Trust f/k/a Terry, Orville (Maureen Cullinane) o SCTM #1000-52-5-59.10 Baiz f/k/a Cassidy (Maureen Cullinane) o General Land Preservation Items: ?? FARMLAND BOND POLICY Melissa read through Farmland Bond Policy drafted by Martin Finnegan (Town Attorney), Jennifer Andaloro (Assistant Town Attorney), and herself with assistance from bond counsel and title company personnel that was presented at a Town Board Work Session on October 5, 2010. It is hoped that a final version of the policy can be presented, and adopted, by the Town Board at their next meeting on October 19, 2010. Several comments and recommendations for improving the policy were made. Melissa will take all comments to the Town Attorney for further review and get clarification of several paragraphs within the drafted document. Informational: ?? None Next Regular Meeting: ?? The next regular meeting will be held on October 26, 2010, at 7:00 p.m., in the Annex Executive Board Room. Adjournment: ?? The meeting was adjourned at 10:01 p.m. by the six attending LPC members. Respectfully submitted by Melanie Doroski, Land Preservation Secretary