HomeMy WebLinkAboutTerry, Frederick & Ethel TrustSOUTHOLDTOWNBOARD
PUBLIC HEARING
June 7, 2011
7:32 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 Attorney Martin Finnegan
Absent: Justice Louisa Evans
This hearing was opened at 7:46 PM
COUNCILMAN TALBOT: RESOLVED 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~ June 7~ 2011v at 7:32
p.m. Southold Town Itall~ 53095 Main Road~ Southold~ New York as the time and
place for a public hearing for the purchase of a development rights easement on
property owned by Frederick Terry, Revocable Trust and Ethel Terry Revocable
Trust. Said property is identified as part of SCTM #1000-19.-1-8.4. The address is 32210
Main Road (NYS Route 25), Orient. The property is located within two zoning
designations: R-80 (17.88± acres) and R-200 (17.44± acres) and is on the southerly side
of Main Road (NYS Route 25), approximately 330 feet east from the intersection of
Main Road (NYS Route 25) and Old Main Road in Orient, New York. The proposed
acquisition is for a development rights easement on a part of the property consisting of
approximately 33± acres (subject to survey) of the 35.32± total acres.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owners. The easement will be acquired
using Community Preservation Funds. This project may become eligible for partial
funding from a grant proposal submitted to the United States Department of Agriculture -
Natural Resources Conservation Service (USDA-NRCS). The purchase price is $86,000
(eighty-six thousand dollars) per buildable acre for the 33± acre easement plus
acquisition costs.
The properties are listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural and scenic values and for the protection of
Public Heating, Terry DRE 2
June 7,2011
fresh and saltwater marshes and wetlands.
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 Roate 25, Southold, New York, and may be examined by any interested
person during business hours.
I have a copy that it was posted in the Suffolk Times on June 2, 2011. And I have notice
that it was posted on the Town Clerk's bulletin board on May 25, 2011. And a letter
from the LWRP coordinator, "The proposed acquisition is for development rights, the
action has been reviewed to chapter 268 of the LWRP program policies. 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." And that is it.
SUPERVISOR RUSSELL: Would anybody like to comment on this particular public
hearing with regard to acquisition of development rights on this parcel?
COUNCILMAN KRUPSKI: There is a map here if anyone would like to take a look at
it. You can see the parcel is located on the south side of the Main Road. If you look to
the west, towards Narrow River, it is surrounded by (inaudible) DEC open space. The
state has purchased quite a bit of property to the south also. So that to the east and to the
north, most of the farmland has been preserved through either county or town
development rights program, so this is really one of the last parcels in that area and it
makes up quite a nice block of active farmland. And it protects not only fanning forever
(inaudible). I would like to thank the Terry family, it is really a great piece.
SUPERVISOR RUSSELL: It certainly has been a piece that has been at the top of the
town's priority list for a long time. I want to also thank the Terry family. This
preservation program works because of people like you and your willingness to work
with the town and protect this in perpetuity. Would anybody like to comment? (No
response)
This hearing was closed at 7:48 PM
Southold Town Clerk
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) -.--.
1. APPLICANT/SPONSOR 2. PROJECTNAME ,
3, PROJECT LOCATION:
Munidpality (~" ~ ~'%'~ t ~---'~ C. ~.~ ~--O ~..~,~-"~¢_~.~ ,,U County
4. PRECISE LOCATION (Street address and road interse~ions, prominent landmass, etc., or provide map)
Iooo- -
5. PROPOSED ACTION IS:
~' New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
3s, Zm
7. AMOUNTOF LAND AFFECTED: "~
initially '~'~ '~-- acres Ultimately '~"~ -- acres
8. V~LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? '~ Yes [] No If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agriculture [~ParkJForest/Open Space [] Other
Describe:
10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[] Yes [] No If Yes, list agency(s) name and permg/approvals:
11. DOES ANY ASPECT Of THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals:
AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[]Yes [~No
I CERTIFY THAT THE INF~ORMATION PROVIDEDj~_OVE IS TRUE TO THE~ BEST O,F MY KNOWLEDGE /
/ /
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD iN 6 NYCRR, PART 617 4? If yes, coordinate lhe review process and use the FULL EAF
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROV DED FOR UNL STED ACT ONS N 6 NYCRR, PART 617.67 If No, a negative
declaration may be superseded by another involved agency
C, COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED W~TH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal
po en iai for eros on, dra nage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna tish she fish or w d fe species, significant hab als, or threa ened or endangered species'~ Explain briefly:
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, shod erin, cumu a ye, or other effects not identified in C1-C5~ Explain briefly:
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
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 effect identified above, determine whether it is substantial, large, important or otherwise 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 II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL
EAF and/or prepare a positive declaration.
[] Checkthis boxifyou have determined, based on the information and analysis above and any supporting documentation, that the proposed actionWILL
NOT result in any significant adverse environmental impacts AND provide, on attachments ~s necessary, the~reasons supoo~ling his determ nat on
Name of Lead Agency
~/ 'g e o Responsible Officer in Lead Agency
Date
Signature of Preparer (If differed/from responsible officer)
10270
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
2nd day of June, 2011.
Sworn to before me this
LEGAL NOTICE
of PUBLIC HEARING
RESOLVED that pursuant to thc
provisions of Chapter 17 (Community
Preservation Fund) and Chapter 70
(Agricultural Lands) of the Town OMc.
the Town Board of the Town of South old
herebysetsTuesda June7 2011 at7:32
I~.n~ Southold Town Hall. 53095 Main
Road. Sonthold. New York as the time
and ulace for a nubile hearin~ for the
ourchase of a develonment rights ease-
ment on nro.ertv owned bv Frederick
Terry Revocable Trust and Ethel Terry
Revocable Trust. Said property is iden-
tiffed as pa~ of SCTM gl000 19. I-8.4.
The address is 32210 Main Road (NYS
Route 25), Orient.'fhe property is local
ed within two zoning designations: R-80
(17.88± acres) and R 200 (17.44+ acres)
and is on the southerly side of Main Road
(NYS Route 25). approximately 330 feet
east from the intersection of Main Road
(NYS Route 25) and Old Main Road in
Orient, New York. ~Fhe proposed acqui
sition is for a development rights case-
ment on a part of the property consisting
of approximately 33+ acres (subject to
survey) of the 35.32+ total acres.
'D~e exact area of the acquisition is
subject to a Ibwn-provided survey ac
ceptable to the Land Preservation Corn
mittee and the property owners. Thc
easement will be acquired using Corn
munity Preservation Funds. This project
may become eligible for partial funding
from a grant proposal submitted to the
United States Department of Agricul
ture Natural Resources Conservation
Service (1fSDA-NRCS). The purchase
price is $86,000 (eighty six thousand dol
lam) per buildable acre for the 33_+ acre
easement plus acquisition costs,
The properties are listed on the
Town's Community Preservation Proj-
ect Plan as property that should be pre-
served due to its agricultural and scenic
values and for the protection of fresh
and saltwater marshes and wetlands.
FURTHER NOTICE is hereby
given that a more detailed description
of the above mentioned parcel of land
is on file in Land Preservation Depart-
ment. Southold Town Hall Annex. 54375
Route 25, Southold. New York, and may
be examined by any interested person
during business hour~
Dated: May 24, 2011
BY ORDER OF
THE TOWN BOARD OF THE TOWN
OF SOUTHOLD
Elizabeth Neville
Town Clerk
Principal Clerk
day of
2011.
;40TARY pUBLIC-$TA'fE OF NEW yORK
!'4o 01.V06105050
Quoilfled in Suffolk CounW
OFFICE LOCATION:
Town HalI Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, iqrY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
R~CEIVED
To: Town of Southold Town Board
From: Mark Terry, Principal Planner
LWRP Coordinator
JUN 1 2011
$outho[d To~,zn Clerk
Date: May 31,2011
Re:
Purchase of a development riRhts easement on property owned by
Frederick Terry Revocable Trust and Ethel Terry Revocable Trust
Location: 32210 Main Road (NYS Route 25), Orient.
Part of SCTM #1000-19.-1-8.4.
The proposed acquisition is for a development rights easement on a part of the property
consisting of approximately 33:1: acres (subject to survey) of the 35.32+ total acres.
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
LEGAL NOTICE
LEGAL NOTICE of PUBLIC HEARING
RESOLVED 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 Tuesda¥~ June 7~ 201Iv at 7:32 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 property owned by
Frederick Terry Revocable Trust and Ethel Terry Revocable Trust. Said property is
identified as part of SCTM #1000-19.-1-8.4. The address is 32210 Main Road (NYS
Route 25), Orient. The property is located within two zoning designations: R-80 (17.88±
acres) and R-200 (17.44± acres) and is on the southerly side of Main Road (NYS Route
25), approximately 330 feet east from the intersection of Main Road (ISYS Route 25)
and Old Main Road in Orient, New York. The proposed acquisition is for a development
rights easement on a part of the property consisting of approximately 33± acres (subject
to survey) of the 35.32± total acres.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owners. The easement will be acquired
using Community Preservation Funds. This project may become eligible for partial
funding from a grant proposal submitted to the United States Department of Agriculture -
Natural Resources Conservation Service (USDA-NRCS). The purchase price is $86,000
(eighty-six thousand dollars) per buildable acre for the 33± acre easement plus
acquisition costs.
The properties are listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural and scenic values and for the protection of
fresh and saltwater marshes and wetlands.
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: May 24, 2011
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON June 2, 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
Website
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 _,_.~-/t day of ~?)/~7' ,2011, she affixed a notice of
which the annexed printed notice is a true 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: Terry Dev. Rts. Easement
Sworn before me t~s
~tS~ day o£ LJ ~..9.~ j ,2011.
? . U
Notary Public
LINDA J COOPER
NOTARY PUBLIC, State of New York
NO. 01C04822563, Suffolk Cou
Term Expires December 31, 20
/
(~lizabeth A. Neville
outhold Town Clerk
RESOLUTION 2011-391
ADOPTED
DOC ID: 6812
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-391 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 24, 2011:
RESOLVED 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~ June 7~ 2011~ at 7:32 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 property owned by Frederick Terry Revocable Trust and
Ethel Terry Revocable Trust. Said property is identified as part of SCTM # 1000-19.-1-8.4. The
address is 32210 Main Road (NYS Route 25), Orient. The property is located within two zoning
designations: R-80 (17.88± acres) and R-200 (17.44± acres) and is on the southerly side of Main
Road (NYS Route 25), approximately 330 feet east from the intersection of Main Road (NYS
Route 25) and Old Main Road in Orient, New York. The proposed acquisition is for a
development rights easement on a part of the property consisting of approximately 33± acres
(subject to survey) of the 35.32~ total acres.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the property owners. The easement will be acquired using
Community Preservation Funds. This project may become eligible for partial funding from a
grant proposal submitted to the United States Department of Agriculture - Natural Resources
Conservation Service (USDA-NRCS). The purchase price is $86,000 (eighty-six thousand
dollars) per buildable acre for the 33± acre easement plus acquisition costs.
The properties are listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural and scenic values and for the protection of fresh and
saltwater marshes and wetlands.
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.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
Resolution 2011-391 Board Meeting of May 24, 2011
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Updated: 5/23/2011 10:48 AM by Linda Cooper Page 2