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HomeMy WebLinkAboutEdson, Lewis L 102.-2-6.6 & 16SOUTHOLD TOWN BOARD PUBLIC HEAR~G April 26, 2011 4:37 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attomey Martin Finnegan This heating was opened at 5:26 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~ April 26~ 2011~ at 4:37 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on properties owned by Lewis L. Edson. Said properties are identified as part of SCTM #1000-102.-2-16 and SCTM #1000-102.-2-6.6. The addresses are 30105 Main Road (NYS Route 25) and 740 Depot Lane, respectively, in Cutchogue, New York. The parcels are adjacent lots and when combined are situated on the northerly side of Main Road (NYS Route 25) directly across NYS Route 25 from the entrance to Pequash Avenue. SCTM #1000-102.-2-16 is located within two zoning districts with 25.1q- acres being within the R-80 zoning district and 0.04q- acre being within the R-40 zoning district. SCTM #1000-102.-2-6.6 is located entirely within the R- 80 zoning district. The proposed acquisition is for a development rights easement on parts of the properties, located within the R-80 zoning district, consisting of approximately 22.79q- acres (subject to survey) of the 27.79t: combined parcels' total acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 22.79q- acre easement plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values. FURTHER NOTICE is hereby given that a more detailed description of the above April 26, 2011 2 Edson DRE Public Hearing 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. I have a copy that it was posted on the Town Clerk's bulletin board on April 14, 2011. That it was posted in the Suffolk Times on April 21,2011 and that is it. SUPERVISOR RUSSELL: Okay, would anybody like to address the Town Board on this particular public hearing? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. As noted, this hearing is for the town to purchase the development fights easement for agricultural purposes and the farm is comprised of two separate tax parcels in Cutchogue. The land owner offered approximately all 5 acres to preservation, the 5 acre area fronts on the Main Road and will not be included within the easement. The area is shown on the map, that's included in the white broken lines. It includes the residence, the existing retail area and the associated parking. In addition to an access way to Depot Lane, all of that is excluded from the proposed easement area. The farm contains almost 100% prime agricultural soils, the preservation of this farm adds to the existing contiguous block of over 100 acres of preserved farmland both to the north and to the east. It is located with one of the largest blocks of preserved farmland in Southold Town and the block expands to the east across Cox Neck Road and to the north across the Long Island Railroad, County Route 48 and Oregon Road and that block totals over 600 probably 700 acres of preserved land. The negotiated purchase price of $60,000 per acre is within accordance of an appraisal which completed for that specific property and the purchase will be funded by the Community Preservation Fund. Both the Land Preservation Committee, its members and I all support this purchase and we thank the landowner for giving us the oppommity to preserve it. We recommend that the Town Board proceed with the purchase. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular acquisition? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Is the subject property which we are considering investing in and purchasing an interest in, development rights of, the subject of a lawsuit? SUPERVISOR RUSSELL: No longer to my knowledge? Martin? TOWN ATTORNEY FINNEGAN: There is a pending Article 78 proceeding based on the, challenging the Zoning Board conditions. SUPERVISOR RUSSELL: Oh, the Zoning Board of Appeals. TOWN ATTORNEY FINNEGAN: The Article 78. The enforcement action is over and the town prevailed in that action. April 26, 2011 3 Edson DRE Public Heating SUPERVISOR RUSSELL: The town prevailed in the enforcement. TOWN ATTORNEY F1NNEGAN: There is a separate action by the landowner (inaudible) that which has been submitted to the court. SUPERVISOR RUSSELL: Okay. MR. SCHWARTZ: I have seen it on the executive session agenda for many of the past Town Board meetings, so, where was I? Maybe I was thinking of the Heritage. Has the town every purchased the development rights on a property that is the subject of litigation against, the landowner has instituted an article 78 challenging the zoning on the subject parcel and yet we are investing in it. I am for land preservation but I see that as a conflict of interest that we are entering into here. And while I am not in favor of the housing development there, I think that issue should be resolved first and that would give an incentive to, if the owner has the incentive, now we are going to pay him all the money and we still are going to be battling it out in court. COUNCILMAN KRUPSKI: That is an interesting observation. I am the liaison to the Land Preservation Committee and in all of our discussions in the meetings, that has never come to light. I don't know if the Committee was aware of that or not. The Committee made a decision to recommend this purchase to the Town Board based on its location, it's contiguous to other active farmland, it is to west of the graveyard there. It is for preservation like Melissa said, it completes a large block of land. In addition, it leaves out a large enough reserve area for, and don't forget, the current use today, we are preserving this land for perpetuity, the current use today, in 100 years is it still going to be the same current use and the same owner? Of course not. So that is not why, maybe that is why it never came up. JUSTICE EVANS: Also, we are not purchasing the part that is the subject of this Article 78. COUNCILMAN KRUPSKI: No, it is separating that out. But it, so I don't think was part of that. MR. SCHWARTZ: It is one parcel. COUNCILMAN KRUPSKI: That wasn't part of the discussion. MR. SCHWARTZ: You are purchasing an interest. JUSTICE EVANS: The part that he is cutting out from the sale is the part I think where the Article 78 (inaudible). COUNCILMAN KRUPSKI: That is right. April 26, 2011 Edson DRE Public Hearing 4 TOWN ATTORNEY FINNEGAN: And it is not a challenge to the zoning, it is a challenge to a condition in a variance. He has a certificate of occupancy for the use that is a lawfully existing use fight now on the property. The part of the property that is subject of the acquisition is completely separate and I am not sure that there would be any ability for this Board to condition a purchase on... MR. SCHWARTZ: I appreciate your perspective. I have spoken with members of the land use committee but it is not the case that we are buying land from a murderer who you know, despite the fact that he is a murderer which has nothing to do with the land. The land that we are buying the development rights of is used in agriculture, as agricultural land and that is the basis for the alleged, for the farmstand permit which this town has granted and the use of the farmstand is at issue in the Article 78, challenging the determination of this town that he cannot have a 10,000 square foot farmstand. Does he need a 10,000 square foot farmstand to sell Christmas trees? I don't think so. What does he want to do? What was he doing there? He was running a retail, commercial operation. That is not part of fanning and yet it is based, his ability to run any commercial retail operation there is based on a regulation by the town as a farmstand, never investing in the Christmas trees. Enough about that. How are we going to pay for this purchase? SUPERVISOR RUSSELL: I will ask the Land Preservation Coordinator to come up and address that issue with you but I have to assume that it is going to be Community Preservation funds. MR. SCHWARTZ: Which we had a resolution on the agenda that was put on in the middle of the day today, so I did not get a chance to review it but I looked at it while I was sitting here but I looked at it while I was sitting here and the whole Community Preservation Fund funding and use of that fund is in flux right now. There is also a recent issue which I think is relevant that the Community Preservation Fund income in East Hampton and Shelter Island is so far this year only half of what it was last year. In Southold, it is up 20%, so I am glad we are in Southold. I think that is great. But despite that it is up 20%, you still resolve to take action to restructure the program today in a resolution which I don't think was clearly written or explained and at the work session this morning, there was some joking around about who was going to explain that to the public. SUPERVISOR RUSSELL: No, there wasn't. No, that never took place. MR. SCHWARTZ: I don't, alright, whatever. Forget that. SUPERVISOR RUSSELL: That was not on the 2 %, that was a discussion on the Ag PDD, it is an entirely separate issue. MR. SCHWARTZ: Ah, the Ag PDD. April 26, 2011 5 Edson DRE Public Hearing SUPERVISOR RUSSELL: That is a rather overly prescribed program. There is no doubt about that but this, what we did today was we agreed to authorize or to pursue the final $10,000,000 of the $25,000,000 bond that we had proposed several years ago to keep the Community Preservation Fund healthy. At the same time, we are cognizant of the poor performance of other towns, so we have created what we would consider a reserve. We have anticipated debt of about $2.4 million if we borrow that $10 million. We are going to set about $2.4 million to the side so that we have a cushion so that we know at any time if the Community Preservation Fund does not perform well, that we don't have to go to the general levy or collect taxes to pay debt, that the Community Preservation Fund will be able to pay its own debt. MR. SCHWARTZ: I am not sure, I think I understand what you just said. Can I put it in my words and tell me if I am correct here. Number one, this resolution tonight, earlier tonight, authorized, no, it was pre-authorized that you could bond, could issue the bond... COUNCILMAN KRUPSKI: In 2007. MR. SCHWARTZ: But you never actually issued the bond for the $10 million. It was an authorization for $22.5 million and $12.5 million was issued, so there is $10 million left and today you decided at the work session to issue the remaining $10 million. That was not clear in the resolution tonight. But that is what the first effect of the resolution tonight. The second effect was to set, to create a reserve fund. And I really don't quite understand, from what I understand, you are saying in here that the annual debt service on the $22.5 million, including the $10 million additional money which you are going out to borrow pursuant to this resolution tonight, is estimated to be $2.4 million a year of, then you say you are going to create the reserve fund to cover that for the rest of this year. Now, it may depend on how much exactly that is, may depend on when we actually borrow that money when those bonds are issued. But we are already 4 months into the year, so if we take the $2.4 million for the 75 % of the year that is left, that is $1.8 million and then you wanted to also, you agreed also to include in the reserve fund an amount sufficient to cover the interest for next year which I assume it would be the same as the estimate for this year, the $2.416 million, so that's $4.2 million reserve fund. So we are borrowing $10 million so we can put, so that you, we can put almost half of it into a reserve fund. SUPERVISOR RUSSELL: No. You really missed the discussion today. Let me just explain. First of all, we have debt service of I think about 831 anticipated to the balance of this year, $831,000. We are going to set aside, we have about $5 million right now available, already in the Community Preservation Fund. We are going to take $2.4 of that plus the $831,000 and we are going to make that a reserve fund. Alright? The problem is next year. After we sell $10 million worth of bonds, we will anticipate $2.4 million .... MR. SCHWARTZ: So you are going to .... SUPERVISOR RUSSELL: Let me finish please. April 26, 2011 6 Edson DRE Public Heating MR. SCHWARTZ: Okay. SUPERVISOR RUSSELL: We will anticipate $2.4 million annual debt service on those preservation bonds. What we would like to do is take $2.4 million, put that into a reserve account in case the Community Preservation Fund doesn't perform well. You have to remember, that we are only anticipating revenue of about $2.8 million this year in the Community Preservation Fund. When you talk about debt service of $2.4 million with a projected annual income of $2.8 million, that is too close for comfort for us. What we want to do is ensure that we have enough money in account should the Community Preservation Fund do worse down the road. So that the Community Preservation Fund itself will have enough money to pay the annual debt service. We are not borrowing $10 million and sticking $5 million of it in the bank in a reserve, we already have $5 million in the account. We are committing some of those resources to a reserve fund, then we are going to go out and borrow the $10 million and continue the assertive preservation program that Melissa Spiro has, with such success. MR. SCHWARTZ: That is what the $10 million will be used for, then. SUPERVISOR RUSSELL: The $10 million will be used for preservation. Absolutely. MR. SCHWARTZ: To continue the assertive preservation program. SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: And I have no complaints, except that I would like to know more, I would like to have more public information out there about and I am not saying that this property is not appropriate but I am saying that we need to continue to examine the goals, why we have the farmland preservation program in the beginning, in the first place. which there is two reasons for it. One, we would like to preserve the farmland so that we can have farms and two, we want to avoid the entire North Fork paved over with or built up with residential, commercial and industrial development. The preserving farmland, I think we could go a long way towards clarifying that and with all due respect I think the farmland agricultural advisory committee could use a lot more attention, not just from you the Board but from the public. I think the, I would like to see, I love, one of the reasons why I chose to live here when I was six years old I decided I wanted to come and live in Southold, so anybody that says that I don't appreciate Southold, I think I have appreciated it for 50 years. And I am continuing to appreciate it and I would like to continue to appreciate it for the next 50 years plus. This Community Preservation Fund is only being planned to last until 2030 but the intent behind having the Community Preservation Fund is to preserve the land for perpetuity. So we need to be looking down the road, taking the larger picture. One of the problems that I have with these parcels, this one included but not just this one is that there is very little control over what can be grown there for example. For example, if somebody started paying big money for an invasive species because they liked the way it looked or something, that could still be agriculture. It is still a plant. A~er you, if you authorize the purchase of this property, April 26, 2011 7 Edson DRE Public Hearing then there will be a covenant worked out that will be filed along with the deed and we will control the potential uses of that property. That is not the bottom line, the final word. You still have power, we still have power, the town government still have power to regulate and impose conditions on all farmland, whether it is preserved or not. It hasn't been tested yet whether or not the town could impose conditions on preserved farmland that was not part of the original, what is the word? SUPERVISOR RUSSELL: Community preservation... COUNCILMAN KRUPSKI: Easement? MR. SCHWARTZ: Easement or, but these issues will come up. I just think that this is not just another property added to the quiver, this is the first property after I have heard of serious comprehensive discussion this morning, I was pleased to be at the Town Board this morning and to hear what you were saying. But there was no tape, there was no minutes, so I think that we should, at least the positive things that were said should at least be brought out in the evening meeting. Some of the people at the work session this morning were saying that why do you bother to go to these evening meetings, everything happens at the work session. Well, no, that's, I don't know why they call it a work session but one of the kind of arrangements that this town has worked out, the practice is that you are not going to accomplish, you are not going to actually do anything at the work session. You will not act. You will not take a formal action because a formal action has to be on the record and on the minutes and that is what we do at night; that is why we have the resolutions at night. So what I heard you talking about this morning was that we are looking now, we are getting to a point where we are running out of time in terms of the monies that are available, we can see the end of the line with the Community Preservation Fund income and if we have been borrowing against it we are up to $32 million against the anticipated income and probably it sounded like we are not going to borrow any more because we won't have time to pay it back. So we have got a, now we have got a very limited fund or you know, we know how much we are going to have over the next 20 years, we have an idea of that... SUPERVISOR RUSSELL: That is absolutely untrue. COUNCILMAN TALBOT: You can get some big spikes in revenue coming in for the 2%. MR. SCHWARTZ: We can't foresee the possibility but if you were .... SUPERVISOR RUSSELL: It is a fluid fund, it produces income every year. The question is how much. In more robust years, it will produce more income. All of that money continues, that will continue to be in play as we move forward. What we have done was we have identified the amount that we are willing to borrow against for those anticipated futures. But the Community Preservation Fund is very much a part of the economic landscape of this community until 2030. What we have done is we identified the obligations of borrowing, debt service, holding a reserving fund but that program is April 26, 2011 8 Edson DRE Public Hearing still very much (inaudible) and will produce income for this community for the foreseeable future for preservation. Secondly, there are other avenues for preservation. Traditional farmland purchase of development rights bonds, open space bonds. All those things that get offered to the public regularly and overwhelmingly supported by the public regularly to produce yet more revenue and income as we move into the future. COUNCILMAN KRUPSKI: And we have taken, since we made the decision in 2007 to borrow money against the 2% fund, we did that on a very, very conservative basis. We didn't want to get in a position where we had no money for purchases in the future until 2030 or worse yet, had to take money out of the general fund to fund our 2% debt. So we have taken an extremely conservative line and today we took another step kind of acknowledging that. That we are going to, in fact, keep money in reserve so that money never has to come out of the general fund. MR. SCHWARTZ: I was trying to say, you took another step to acknowledge that you want to be conservative, you didn't want to overspend. Nobody has mentioned yet the reason of why the additional $10 million bond is being, was... COUNCILMAN KRUPSKI: Because there is a lot of, there are a lot of projects that the committee is reviewing currently that are very similar to this one in that they are active farmland, they are good quality soil, they are adjacent to land that has been preserved either by the town or the county, so they complete large blocks of farmland and for those reasons, you know, they are being considered. MR. SCHWARTZ: So they are being planned, five or six or halfa dozen .... COUNCILMAN KRUPSKI: A number of them. Yes. MR. SCHWARTZ: Other purchases and I heard this morning, correct me if I am wrong, that if we follow through with all that, we might not have had enough money to pay the debt service next year out of the Community Preservation Fund. Which would have required an increase in taxes. And therefore, you borrowed the $10 million to fund those purchases without causing a disruption of the financing of the fund. SUPERVISOR RUSSELL: I don't believe that this town is even close to being in the position of not being able to pay for the debt service through, with revenue created each year by the Community Preservation Fund. What we are trying to do is we are just trying to make sure, we are trying to underscore that and make sure that we are not going to get in that position. COUNCILMAN KRUPSKI: And the debt service there will be $2.4 million a year, there were years not too long ago where this town was taking in $6 and $7 million a year in the 2 % fund, so when those years come back, we will be well-positioned to have cash in hand to make future purchases. So the program will still be going forward. April 26, 2011 9 Edson DRE Public Heating MR. SCHWARTZ: I just didn't quite, I mean, especially when I saw this that we are up 21% over the budgeted expected income revenue. COUNCILMAN KRUPSKI: Right. MR. SCHWARTZ: Right. So far this year, the first four months of this year, we have more money, we have got $850,000, we thought we were only going to have $600,000 coming in. COUNCILMAN KRUPSKI: Right. MR. SCHWARTZ: So but I am sure that I heard the comptroller talking this morning about'that after we finish paying for the five or six purchases which were expected to make this year, the current reserve fund, the $5 million that is currently in the fund... COUNCILMAN KRUPSKI: Will be spent. MR. SCHWARTZ: With those purchases plus the payment on the interest on what we borrowed already will be spent, was I .... COUNCILMAN KRUPSKI: That's right. SUPERVISOR RUSSELL: Correct. MR. SCHWARTZ: Okay and that was why we decided, you decided to borrow another $10 million. COUNCILMAN KRUPSKI: To authorize the last $10 million, yes. MR. SCHWARTZ: And that tells me that we are getting to a point where we have got to make tough decisions. Decide which projects we want to fund, which projects we can't afford... SUPERVISOR RUSSELL: We actually have already been in that position for some time now and I think we are making, we are putting a lot more vetting into each purchase and we are making tough decisions. We've turned down purchases that have been presented to Melissa's committee. We've turned down purchases in the past that were, you know, in a different economic environment might have been something we would have considered buying but we have to make those hard decisions. COUNCILMAN KRUPSKI: And don't forget, it is hard to, you can't look at the whole list of available properties in the town which was done at the very beginning, at the outset, there is a whole list of properties that were available to have money spent on them from this 2% fund. You can't say that with any great certainty that by the year 2030, any particular property will be either up for sale or the person who owns it will want to sell the development rights. So it is sort of a, the strategy is to act on what is in front of you 10206 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 21st day of April, 2011. Sworn to before me this /~ Principal Clerk of 2o11. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricuhurai Lands) of the Town Code, the Town Board of the Town ol South#Id he reby setsTuesdav. April 2011. at 4'37 o.m- South#Id Town HaH, 53095 Main Road. South#Id. New York as the time and place for a nublic heatin~ for the ourchase of a development rights easement on Dr#nettles owned bv Lewis L, Edson. Said properties are identified as part of SCTM #1000 102. 2 16 and SCTM 01000-102.-2-6.6. Thc addresses arc 30105 Main Road (NYS Route 25) and 740 Depot Lane, respectively, in Cutchogue, New York. The parcels are adiaccnt lots and when combined arc situated on the northerly side of Main Road (NYS Route 25) directly across NYS Route 25 from the entrance to Pequash Avenue. SCTM #1000-102. 2-16 is located within two zoning districts with 25.1± acres being within the R-80 zoning district and 0.04± acre being within the R 40 zoning district. SCTM #1000-102.- 2 6.6 is located entirely within the R-80 zoning district. The proposed acquisition is for a development rights easement on parts of the properties, located within m n ~', T~LQu ~n ~ od~t ~fi C~°nnnSi~sxt ! n~ ~3 ?3f Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: April 12,2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 10,206 1T 4/21 CHR!STINA VOLINSKi qOTARY pUBLIC-STATE OF NEW YORK Nc, O1 .V06105050 Qualified In Suffolk County OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOC/X~L WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD R~CEIV~D MEMORANDUM MAY - Clod 'I:o: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: April 25, 2011 Re: Purchase of a development rights easement on properties owned by Lewis L. Edson Location: 430105 Main Road (NYS Route 25) and 740 Depot Lane, respectively, in Cutchogue, New York. Part of SCTM #1000-102.-2-16 and SCTM #1000-102.-2-6.6 The proposed acquisition is for a development rights easement on parts of the properties, located within the R-80 zoning district, consisting of approximately 22.79+ acres (subject to survey) of the 27.79+ Combined parcels' total acreage. 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 fl~7.2o RECS,'V~D Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only $ou:~oId Tot,~ Cbrt PART I - PROJECT INFORMATION (To be completed by A~oplicant or Project Sponsor) I1. APPLICANT/SPONSOR I2, PROJECT NAME I~,~ ~tCW,~,~' OF ~V* ~'~ ~ 3. PROJECT LOCATION: ~ ~ ~~ Muni~pali~ I~ OF ~0~ ~0~ County ~ ~O~ 4. PRECISE LOCATION (Street address and road inlerse~ions, prominent landmass, etc., or pro,de map) 5. PROPOSED ACTION IS: [~ New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOU~ OF ~ND AFFECTED: Initially ~Z, 7 ~ ~ a~es Ultimately ~ ~ acres 8. ~LL PROPOSED ACTION COMPLY ~TH ~ISTING ZONING OR OTHER ~lST NG ~ND USE RESTRICTIONS? ~Yes ~ No If No, des~be briefly 9. ~T IS PRESENT ~ND USE IN VlC~NI~ OF PROJECT? De~Residen,al ~ Indust~al ~Comme~al ~gd~lture ~ Par~ForesFOpen Spa~ ~Ot~r .._ 10. ~ES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDE~L, STATE OR LOCAL)? ~ Yes ~ No If Yes, list agent(s) name and pe~iFapprovals: 11. DOES ANY ASPECT OF THE ACTION NAVE A CURRENTLY VALID PERM T OR APPROVAL? ~ Yes ~ No If Yes, list agent(s) name and permi~approvals: 12. AS A RESULT OF PROPOSED ACTION ~LL EXISTING PERMIT/APPROVAL REQU RE MODIFICATION? ~Yes I CERTIFY.THAT, THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE.- ApplicanUsponsorname: ,~2/,¢;~¢~. ~"~,~0. Lcl~1~'-"~r¢s d~lD¢~--~:~c~'~. Date: J If the action is in the Coastal Area, and you are a state complete the agency, Coastal Assessment Form before proceeding with this assessment OVER )ART II - IMPACT ASSESSMENT (To be completed by Lead A~lency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF, [-~ Yes [~No B. WILLA~T~~NRE~E~VEC~~RD~NATEDREViEWASPR~V~DEDF~RUNL~STEDAcTi~NS~N6NYCRR~PART617~6? IfNo, anegative declaration may be superseded by another involved agency. [-~ Yes []No COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, ~f legible) C1. Existing air quality, sudace or groundwater quality or quantity, noise levels, existing traffic paltem, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briery: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly; C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulaUve, or other effects not identified in C1 -C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~[~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effectidentified above, determine whetheritissubstantial, large, important orctherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f~ magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part ~1 was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Checkthisb~xify~uhaveidenti~ed~ne~rm~rep~tentia~~y~arge~rsigni~cantadverseimpactswhichMAY~ccur~ ThenproceeddirectlytotheFULI EAF and/or prepare a positive declaration. [] Chec~this boxifyou have determined, based onthe information and analysis above and anysupporting documentation,thatthe proposed actionWILI NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency JSignature of Responsibl~,~ffice~L--e~d Agency Date of Responsible Officer Signature'of Preparer (If dJlf~,~V~om responsible officer) 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 Sou thold hereby setsTuesdav. Anri126, 7011. at 4:37 n.m.. Southold Town Hall. 530_9_5 Main Road. Southold. New York as the time and place for a uublic hearint~ for the Purchase of a develoDment rights g~_sement on properties owned bv Lewis L. Edson. Said properties are identified as part of SCTM #1000-102.2-16 and SCTM #1000-102.-2-6.6. The addresses are 30105 Main Road (NYS Route 25) and 740 Depot Lane, respectively, in Cutchogue, New York. The parcels are adjacent lots and when combined are situated on the northerly side of Main Road (NYS Route 25) directly across NYS Route 25 from the entrance to Pequash Avenue. SCTM #1000 102.-2 16 is located within two zoning districts with 25.1+ acres being within the R-80 zoning district and 0.04_* acre being within the R-40 zoning district. SCTM #1000-102.- 243.6 is located entirely within the R-80 zoning district. The proposed acquisition is for a development rights easement on parts of the properties, located within the R-80 zoning district, consisting of approximately 22.79± acres (subject to survey) of the 27.79± combined parcels' total acreage. The exact area of the acquisition is subject to a Town-provided survey ac- ceptable to the Land Preservation Com- mittee and the property owner. The ease- ment will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 22.79+ acre ease- ment plus acquisition cost~ The properties are listed on theTown's Community Preservation Project Plan as properties that should be preserved due to their 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 Hall Annex, 54375 Route 25, Southold, New York. and may be examined by any interested person during business hours. Dated: April 12,2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk SUFFOLKTIMES.COM I APRIL 21, /Off I 43 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, April 26~ 2011, at 4:37 p.m., Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on properties owned b.v Lewis L. Edson. Said properties are identified as part of SCTM #1000-102.-2-16 and SCTM #1000-102.-2-6.6. The addresses are 30105 Main Road (NYS Route 25) and 740 Depot Lane, respectively, in Cutchogue, New York. The parcels are adjacent lots and when combined are situated on the northerly side of Main Road 0NYS Route 25) directly across NYS Route 25 from the entrance to Pequash Avenue. SCTM # 1000-102.-2-16 is located within two zoning districts with 25.1 ± acres being within the R-80 zoning district and 0.04± acre being within the R-40 zoning district. SCTM # 1000-102.-2-6.6 is located entirely within the R-80 zoning district. The proposed acquisition is for a development rights easement on parts of the properties, located within the R-80 zoning district, consisting of approximately 22.79± acres (subject to survey) of the 27.79± combined parcels' total acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 22.79± acre easement plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their 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: April 12, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON April 21, 2011 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 Land Preservation Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board 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 ~ q day of~_~_, 2011, she affixed a notice of which the annexed printed notice is a tree cops 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: Edson Dev Rts Easement 4/26/11 (~ Elizabeth ~.. Nevi[lie Southold Town Clerk Swom before me this /~/'~Z~day of d~.~.~,~Z , 2011. Not / LINDA J COOPER NOTARY PUBLIC, Stale ol New Yod NO. 01CO4822563, Suffolk Corm!' Term Expires December 31,20,.~-tZ' ,,, Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Thursday, April 14, 2011 12:04 PM To: Reisenberg, Lloyd Subject: PH Notice Edson Dev Rts Easement 4-26-11 Attachments: Edson Dev Rts Easement 4-26-11.doc Please post on web site thank you 4/14/2011 Page 1 of l Cooper, Linda From: Cooper, Linda Sent: Thursday, April 14, 2011 11:35 AM To: Spiro, Melissa; Beltz, Phillip; Neville, Elizabeth; Woodhull, Ruthanne; Al Krupski (alkrupskitown@yahoo.com); Chris Talbot (christptal@yahoo.com); Louisa Evans (Ipevans@fishersisland.net); Russell, Scott; V Orlando (vincent,orlando@town.southold.ny.us); W, Ruland (rulandfarm@yahoo.com); Andaloro, Jennifer; Finnegan, Martin; Hulse, Lori; Krauza, Lynne Cc: Domski, Melanie; Cushman, John Subject: Edson Dev Rts Easement 4-26-11 Attachment: Edson Dev Rts Easement 4-26-11 .doc 4/14/2011 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Thursday, April 14, 2011 11:31 AM To: Suffolk Times Legals Subject: Edson Dev Rts Easement 4-26-11 Attachments: Edson Dev Rts Easement 4-26-11.doc Good morning. Please confirm receipt of the Legal Notice of Public Hearing to be published in the April 21,2011 edition of the Suffolk Times. Thank you. Icoop 4/14/2011 Page 1 of 1 Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Friday, April 15, 2011 10:53 AM To: Cooper, Linda Subject: RE: Edson Dev Rts Easement 4-26-11 Good morning Linda, I have received the notice and we are good to go for the 4/21 issue. Thanks and have a great weekend!! Candice From: Cooper, Linda [mailto:Linda. Cooper@town.southold.ny.us] Sent: Thursday, April 14, 2011 11:31 AH To: tr-legals Subject: Edson Der Rts Easement 4-26-11 Good morning. Please confirm receipt of the Legal Notice of Public Hearing to be published in the April 21,2011 edition of the Suffolk Times. Thank you. Icoop 4/15/2011