HomeMy WebLinkAboutConway, JuliaSOUTHOLD TOWN BOARD
PUBLIC HEAR~G
November 16, 2010
4:35 PM
Present:
Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Vincent Orlando
Councilman Christopher Talbot
Town Attorney Martin Finnegan
Deputy Town Clerk Linda Cooper
This hearing was opened at 5:15 PM
COUNCILMAN TALBOT: 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~ November 16~ 2010~ at 4:35 p.m.~ Peconic Landing~ Brecknock Road~
Greenport~ New York as the time and place for a public hearing for the. purchase ora
31± acre parcel of property, including an existing farmhouse and accessory structures.
Said property is owned by the Estate of Julia Conway and is identified as part of SCTM
#1000-54-7-21.1. The address is 4395 Horton Lane, Southold, New York. The property
is located in the A-C zoning district and is located on the westerly side of Horton Lane, at
the intersection of Old North Road and Horton Lane in Southold, New York. The total
purchase price is $85,000 (eighty-five thousand dollars) per buildable acre for the 31 ±
acre acquisition which will occur in a two part purchase.
The first purchase consists of the Town purchasing a development rights easement on
approximately 29~ acres funded by the Town's Community Preservation Fund at a
purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre,
plus applicable acquisition costs in conformance with the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code.
The second purchase consists of the Town purchasing fee title to 31± acres, of which
29~ acres are subject to a Development Rights Easement and 2± acres, including the
existing farmhouse and accessory structures, designated as the Reserve Area, remain with
development rights intact. The second purchase is funded by the approved Farmland
Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the
difference between the total purchase price and the total development rights easement
purchase price, with such purchase price estimated at $822,500 (eight hundred twenty-
Conway Purchase Public Hearing 2
November 16, 2010
two thousand five hundred dollars) plus applicable acquisition costs. The second
purchase is consistent with the approved Farmland Preservation Bond and is being
accomplished pursuant to and in conformance with the Farmland Preservation Bond
Policy adopted by the Town Board on November 4, 2010.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural values.
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.
We have a notice that it was posted in the Suffolk Times on November 11, 2010, affidavit
that it was posted on the Town Clerk's bulletin board at Town Hall on November 5, 2010
and a letter from the LWRP coordinator stating that it is consistent with the policy
standards and therefore is consistent with the LWRP. And that is it.
SUPERVISOR RUSSELL: Would anybody like to come up and address the Town
Board on this acquisition?
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: As shown on the aerial
in front, this property is located in Southold, to the north of CR 48, on the west side of
Horton's Lane. The property, which is owned by an Estate, has historically been and is
currently in active agriculture. The landowners are no longer in the business of farming
and to settle the Estate, a decision was made to sell the farm. Since the landowners are
not farming, they were not interest in selling just the development rights and retaining the
agricultural rights to the Town. Instead, the landowners approached the Town and
offered 31 acres of the 34 acre farm for purchase by the Town. One of the landowners
owns adjacent property and decided to retain 3 acres on the north side of the farm. He is
currently before the Planning Board for a lot line change to accomplish this. The 31
acres includes an existing farmhouse and several accessory structures. With the
exception of the area around the house, the property is all used for agriculture. The Land
Preservation Committee reviewed the application and determined that purchase of the
property together with extinguishing the development rights on all but approximately 2
acres around the existing dwelling, accomplishes the purposes of the Town's farmland
preservation program. In 2007, a bond resolution was authorized by the Town Board and
then approved at a biennial Town Election authorizing $4 million for the acquisition of
agricultural lands. This funding source enables the town to acquire and preserve
agricultural land and specifically allows the town, once development rights are removed
from the property, to sell or lease the interest in the underlying agricultural lands. The
Town Board adopted a Farmland Policy on November 4, 2010 to provide guidelines for
use of the $4 million farmland bond. As noted in the hearing notice, the Town will be
using both Community Preservation Funds and funds from the $4 million farmland bond
for this purchase. Upon completion of this purchase, the town will have preserved 29
acres of viable agricultural land. The Land Preservation supports this acquisition and
Conway Purchase Public Hearing 3
November 16, 2010
recommends that the Town Board proceed with the acquisition. I'd like to thank the
Peconic Land Trust for working together with us on this project and of course, the
landowners for working with us and offering us the opportunity to preserve this important
farm. Thank you.
SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this
particular acquisition. Another thumbs up from Hugh, for the record. (No response)
The hearing was closed at 5:23 PM
Linda J. Cooper
Deputy Town Clerk
OFFICE LOCATION:
Town Hail Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
$outhold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
R~:CEIVFD
MEMORANDUM
To: Town of Southold Town Board
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: November 16, 2010
Re:
Purchase of a development rights easement of Estate of Julia Conway
Location: 4395 Horton Lane, Southold, New York.
SCTM# 1000-54.-7-21.1
The proposed acquisition is for a development rights easement on 31_+ acre parcel of
property, including an existing farmhouse and accessory structures
The action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)
Policy Standards. Based upon the information provided on the LWRP Consistency
Assessment Form submitted to this department as well as the records available to me, it
is my recommendation that the proposed action is CONSISTENT with the Policy
Standards and therefore is CONSISTENT with the LWRP.
Please contact me at (631) 765-1938 if you have any questions regarding the above
recommendation.
Cc:
Martin Finnegan, Town Attorney
Melissa Spiro, Land Preservation Coordinator
10012
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
11th day of November, 2010.
Sworn to before me this
LEGAL NOTICE
NOTICE OF PUBLIC HEARENG
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 Taesdav. Novem.
bet 16. 2010. at 4'.35 nm- Peconic Land-
price is $85,000 (eighty-five thousand
dred dollars) per buildable acre, plus
applkable acquisition costs in confor-
mance with the provisions of Chapter
I7 (Coramuniiy Preservation Fund) and
Chapter 70 (Agricultural Lands) of the
Town Code.
The second purchase consists of the
Town purchasing fee title to 31± acres,
of wlfich 29± acres are subject to a De-
velopment Rights Easement and 2±
acres, including the existing farmhouse
and accessory structures, designated as
the Reserve Area, remain with develop-
ment rights intact. The second purchase
is funded by the approved Farmland
Preservation Bond (Bond Resolution
2007-715) at a purchase price deter-
mined by the difference between the
total purchase price and the total devel-
opment rights easement purchase price,
with such purchase price estimated at
$822,500 (eight hundred twenty-two
thousand five hundred dollars) plus ap-
plicable acquisition costs. The second
purchase is consistent with the approved
Farmland Preservation Bond and is be-
ing accomplished pursuant to and in
conformance with the Farmland Preser-
vation Bond Policy adopted by the Town
Board on November 4, 2010.
The property is listed on the Town's
Community Preservation Project Plan as
property that should be preserved due to
its agricultural values.
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 Hail A~nex, 54375
Route 25, Southold, New York, and may
be examined by any interested person
during business hours.
Dated: November 4, 2010
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Et~zabeth Neville
Town Clerk
Principal Clerk
day of _/'~_,~~/. 2010.
Page 1 of 1
Cooper, Linda
From: Legals Ilegals@timesreview.com]
Sent: Monday, November 08, 2010 9:42 AM
To: Cooper, Linda
Subject: RE: Conway, Estate of 11-16-10
Hi Linda,
I have received the notice and we are §ood to §o.
Thanks
Candice
From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us]
Sent: Friday, November 05, 2010 2:27 PM
To.' Legals
Subject: Conway, Estate of 11-16-10
Good Afternoon,
Attached hereto is a Legal Notice of Public Hearing for the Estate of Conway to be published in the
11/11/10 edition of the Suffolk Times. Please confirm receipt.
Thank you and have a wonderful afternoon. Everyone is telling me it is beautiful outside.
Linda Cooper
Deputy Town Clerk
11/8/2010
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/tot/ ,2010, 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: PH Conway Estate
Elizabeth A. Neville
Southold Town Clerk
Sworn before me this
,34'~ day of ,Otv t,'. ,2010.
Notary Pub ic
LINDA J COOPER
NOTARY PUBLIC, State of New York
NO, 01C04822563, Suffolk County
Term Expires December 31, 20./_.~__
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, November 16~ 2010~ at
4:35 p.m.~ Peconic Landing~ Brecknock Road~ Greenport~ New York as the time and
place for a public hearing for the_purchase of a 31± acre parcel of property, including
an existing farmhouse and accessory structures. Said property is owned by the Estate of
Julia Conway and is identified as part of SCTM #1000-54-7-21.1. The address is 4395
Horton Lane, Southold, New York. The property is located in the A-C zoning district
and is located on the westerly side of Horton Lane, at the intersection of Old North Road
and Horton Lane in Southold, New York. The total purchase price is $85,000 (eighty-five
thousand dollars) per buildable acre for the 31± acre acquisition which will occur in a
two part purchase.
The first pumhase consists of the Town purchasing a development rights easement on
approximately 29± acres funded by the Town's Community Preservation Fund at a
purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre,
plus applicable acquisition costs in conformance with the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code.
The second purchase consists of the Town purchasing fee title to 31± acres, of which
29± acres are subject to a Development Rights Easement and 2± acres, including the
existing farmhouse and accessory structures, designated as the Reserve Area, remain with
development rights intact. The second purchase is funded by the approved Farmland
Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the
difference between the total purchase price and the total development rights easement
purchase price, with such purchase price estimated at $822,500 (eight hundred twenty-
two thousand five hundred dollars) plus applicable acquisition costs. The second
purchase is consistent with the approved Farmland Preservation Bond and is being
accomplished pursuant to and in conformance with the Farmland Preservation Bond
Policy adopted by the Town Board on November 4, 2010.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural values.
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: November 4, 2010
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON November 11, 2010 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
RESOLUTION 2010-889
ADOPTED
DOC ID: 6346
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-889 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 4, 2010:
RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday, November
16~ 2010, at 4:35 p.m, Peconic Landing~ Brecknock Road, Greenport~ New York as the
time and place for a public hearing for the purchase of a 31± acre parcel of property,
including an existing farmhouse and accessory structures. Said property is owned by the Estate
of Julia Conway and is identified as part of SCTM #1000-$4-7-21.1. The address is 4395 Horton
Lane, Southold, New York. The property is located in the A-C zoning district and is located on
the westerly side of Horton Lane, at the intersection of Old North Road and Horton Lane in
Southold, New York. The total purchase price is $85,000 (eighty-five thousand dollars) per
buildable acre for the 31± acre acquisition which will occur in a two part purchase.
The first purchase consists of the Town purchasing a development rights easement on
approximately 29~ acres funded by the Town's Community Preservation Fund at a purchase
price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus applicable
acquisition costs in conformance with the provisions of Chapter 17 (Community Preservation
Fund) and Chapter 70 (Agricultural Lands) of the Town Code.
The second purchase consists of the Town purchasing fee title to 31 ± acres, of which 29± acres
are subject to a Development Rights Easement and 2± acres, including the existing farmhouse
and accessory structures, designated as the Reserve Area, remain with development rights intact.
The second purchase is funded by the approved Farmland Preservation Bond (Bond Resolution
2007-715) at a purchase price determined by the difference between the total purchase price and
the total development rights easement purchase price, with such purchase price estimated at
$822,500 (eight hundred twenty-two thousand five hundred dollars) plus applicable acquisition
costs. The second purchase is consistent with the approved Farmland Preservation Bond and is
being accomplished pursuant to and in conformance with the Farmland Preservation Bond Policy
adopted by the Town Board on November 4, 2010.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural values.
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, Sonthold, New York, and may be examined by any interested person during business
hours.
Elizabeth A. Neville