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HomeMy WebLinkAbout1979-1987 Agricultural DistrictsDEPARTMENT OF PLANNING COUNTY OF SUFFOLK Michael A. LoGrande TO: FROM: DATE: RE: MEMORANDUM Clerk of the Legislature Suffolk County Planning Commission September 16, 1987 Resolution No. 5 - 1987 Enclosed you will find Resolution No. 5 - 1987 which was adopted at the regular meeting of ~he Suffolk County Planning Commission on Wednesd&7, September 2, 1987. bh encl. cc: Hon. Francis J. Murphy, Supervisor - Southold Hon. Gregory Blass, Presiding Officer Gregory Munson, Chf. Dep. County Executive Or/g, Adg. Dsle~ File ~ RESOLUTION NO. 5 - 1987 At the regular meeting of the Suffolk County Planning Co~nission held on Wednesday, September 2, 1987, Commissioner Wick moved for the adoption of the following resolution, seconded by Commissioner Lester, and unanimously approved. (8 present, 6 absent) WHE~, the New York State law requires that agricultural districts be reviewed every eight years, and WHEREAS, the staff of the Suffolk County Planning Department has analyzed land development patterns, soil conditions and farming activity in Agricultural District ~1 in the Town of Southold, and WHEREAS, it has been found that only 163 acres of the original district should be deleted since they contain wetlands or non-farm buildings, and WHEREAS, farmers controlling 238 acres of land have requested to be added into the district, Be It Therefore RESOLVED, that said changes are recommended by the Suffolk County Planning Co~mission so that the Agricultural District will continue with approximately 2,865 acres. SUFFOLK COUNTY AGRICULTURAL DIST. #1 Southold Town (8 Year Renewal) Grand Total in Program Proposed Additions Proposed Deletions New TOTAL 2,790.8 ac. 238.0 ac. 163.6 ac. 2,865.2 ac. Acreage in County Program Acreage in Town Program TOTAL 391.3 ac. 40.1 ac. 431.4 ac. Area in Wetlands Area in Woodlands TOTAL 213.2 ac. 68.5 ac. 281.7 ac. File: S.C.-Planning , Dept. of Farmland Preservation,~l~ommission (Town Committees) Agricultural District ~ ELISABETH TAIB$1 CLERK JACQUELINE P. FARR£LL CHIEF DEPUTY CLERK JOHN CHARUK OFFICE OF THE COUNTY LEGISLATURE COUNTY OF SUFFOLK June 22, 1987 Hon. Francis J. Murphy Southold Town Supervisor 53095 Main Road Southold, NY 11971 Dear Mr. Murphy: Please find enclosed herewith a legal notice regarding the review of Agricultural District No. 1, located in the Town of Southold. Very truly yours, ~JJohn Charuk Deputy Clerk COUNTY C ENT~qt LEGISLATURE BUILDING LEGAL NOTICE NOTICE IS HEREBY GIVEN that a review of Agricultural of Southold will be done by the Suffolk County Legislature, of the New York State Agriculture and Markets Law. pursuant to Article 25AA The district lies within the Town of Southold and any municipality or owner who owns at least ten percent of the land proposed to be included within the district may propose a modification in the form and manner prescribed by the Commissioner of the Department of Agriculture and Markets. The proposed modification must be filed with the County Clerk and the Clerk of the Suffolk County Legislature within thirty days after publication of this notice. On August 3, 1987, any proposed modifications will be submitted to the County Planning Board and to the County Agricultural Districting Advisory Committee. Thereafter, at a time to be fixed and published at a later date, a public hearing will be held on any proposed modifications and recommendations of the said board and committee. Elisabeth Taibbi Clerk of the Suffolk County Legislature NEw'YORK STATE S[NA "E ALBAN~ NEWYORK 12247 JOHN R. KUHL, JR. SENATOR 52ND DISTRICT CHAIRMAN AGRICULTURE CD M MI'I'FEE ALBANY OFFICE ROOM 802 LEGISLATIVE OFFICE BUILDING ALBANY, N*Y. 12247 (518) 455-2091 DISTRICT OFFICE 18 BUELL ETREET P.O. BOX 153 BATH, N.Y. 14810 (607) 766-411 I Mr. Francis J Murphy Supervisor Town Of Southold Town Hall Main Road Southold, New York 11971 March 27, 1986 TOWN OF SOUTHOLD I Dear Mr. Murphy: Enclosed you will find a hearing notice for a series o~ hearings the Senate Agricultural Committee will De holding around the State on reform of the Agricultural Districts Law. These hearings are open to the public and we welcome testimony from anyone. However, we decided to mail this notice to you as a leader in your local community. If you feel the issues we have outlined on the hearing notice are important, we would welcome your views at one of our six upcoming hearings. JRK:cm Encl. Sincerely, John R o Kuhl .Jr. STATE OF NE~ YORK NOTICE OF POI~LIC SUBJECT: PURPOSE: Reforming Agricultural Districts Law To solicit comment on and suggestions for reforming the Agricultural Districts Law. Wednesday, April 8, 1987 7:00 p.m. to 10:00 p.m. Riverhead Town Hall ~eeting Room No. 1 200 Howell Ave./lst Floor Riverhead, NY 11901 ~I~IRA Thursday, April 30, 1987 6:00 p.m. to 10:00 p.m. Hazlett Building County Legislative Chambers 303 Lake Street/Sth Floor Elmira, NY 14901 (Entrance on Market Street) CATSKTI~. Thursday, April 9, 1987 2:00 p.m. to 6:00 p.m. Main Street Courthouse 2nd Floor Courtroom Catskill, NY 12414 NAT~xTOWN Thursday, May 7, 1987 10:00 a.m. to 2:00 p.m. Watertown State Office Bldg. 1st Floor Conference Room 317 Washington Street Watertown, NY 13601 JAMESTOWN Thursday, April 30, 1987 9:00 a.m. to 1:00 p.m. Chautauqua County Cooperative Extention Center R.R. 2, Turner Road Jamestown, NY 14701 WrlCA Thursday, May 7, 1987 6:00 p.m. to 10:00 p.m. Utica State Office Bldg. Room 101-F/lst Floor 207 Genesee Street Utica, NY 13501 Please see the reverse side for a list of subjects to which witnesses may direct testimony. Persons wishing to present pertinent testimony to the Committee at the any of the above hearings should complete and return the attached reply form as soon as pos- sible. It is important that the reply form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation. Oral testimony will be limited to 10 minutes. The Committee will attempt to accom- modate individual requests to speak at particular times in view of special circum- stances. These requests should be made on the attached reply form or communicated to the Committee as early as possible. In the absence of a request, witnesses will be scheduled in order of arrival at the hearing room. Ten copies of any prepared testimony should be submitted at the hearing registration desk. The Committee would appreciate advance receipt of prepared statements. In order to further publicize these hearings, please inform interested parties and organizations of the Committee's interest in hearing testimony from all sources. JOHN R. xum., JR. Chairman, Senate Agriculture Committee PUBLIC ~F~RING ~PLY FOP~4 Persons wishing to present testimony at one of the public hearings are requested to complete this reply form as soon as possible and mail it to: Carol Jensen, Room 802, Legislative Office Building, Albany, New York 12247 (518-455-2091). Please check the appropriate blanks and return this form as soon as possible prior to the scheduled hearing. I plan to attend the scheduled hearing in (circle one): Riverhead, Catskill, Jamestown, Elmira, Watertown. Utica. I plan to make a public statement at the hearing. My statement will be limited to 10 minutes, and I will answer any questions which may arise. I will provide 10 copies of my prepared statement. I do not plan to attend, but I will submit written testimony. NAME ADDRESS ORGANIZATION ~bEPHOI~ (PLEASE PRINT) New York State Senate Committee on Agriculture Public Hearings on Reform of the A~ricultural Districts Law The Agricultural Value Assessment Program has come under scrutiny in re- cent years due to problems associated with the current income capitaliza- tion methodology. The Governor has proposed legislation based on the recommendations of the Task Force on Agricultural Value Assessment. This legislation is designed to make the program stable, predictable, fair, and accurate. What specific changes to the Agricultural Value Assessment Program do you feel will benefit the agricultural industry? The Agricultural Value Assessment Program is essential to keep taxes on farmland at a level that reflects its use for agricultural purposes. How- ever, some argue that a tax shift is created when land receives an agri- cultural value assessment instead of being assessed at its "highest and best use." This results in higher assessments for rural non-farm land- owners. Since the Agricultural Value Assessment Program is a State pro- gram, do you feel there is a need for the State to reimburse local taxing jurisdictions for revenue lost through agricultural value assessment? Should the Agricultural Districts Law be strengthened to allow the State to enjoin any local government from enforcing any local law or ordinance which would unreasonably restrict or regulate farm structures or farming practices? Does the current "right to farm" provision 'of the Agricultural Districts Law go far enough in protecting the rights of farmers to carry on normal agricultural practices? 5. Is there a need to change the Agricultural Districts Law to establish a statewide farmland preservation program? DEPARTMENT OF REAL ESTATE RECEIVED FEB 3 3 1984 PETER F. COHALAN SUFFOLK COUNT~ EXECUTIVE February 21, 1984 Mr. Victor Lessard Executive Administrator Building Department. Main Road Southold, New York 11971 Re: Suffolk County Farmland Development Rights Program Phase II, SHO-196 Edward W. Latham Dear Mr. Lessard: We enclose herewith the following: 1. Copy of Deed for Development Righ{s, recorded in Liber 9510, Page 55. 2. Survey of land for which development rights are owned by Suffolk County. 3. Copy of County Local Law 16-81 Please take notice of the enclosures. Inasmuch as the County is now the owner of the development rights to the property identified in the survey enclosed, we strongly request that no building permits be issued for any development whatsover, except and only after the Suffolk County Select Committee on Agriculture has consented to the application in advance. V~ly yours, RES:bb Enclosures cc: Francis J. Murphy, Supervisor ~Judith T. Terry, Town Clerk A p&lic he~9 to consider alternatives for fa~an,~[¢?[~a(~:'~ ~e(~ York S ~ate. Orig. November 3, 1983 RiverheadTown Hall 11:00 A.M. AdB. Date__ .////.L~ - In recant years, there has been a great deal of discussion regarding the ever increasing rate at which America's valnable farmland is being lost. A variety of proposals at the State, Federal and local level have been discussed as alternatives to slowing the rate at which this farmland is being converted permanently to non-agricultural uses. In recent years, the Federal Goverr~m~_nt bas ~nacted a !aw that makes it the policy of the United States Government to consider the loss of farmland in reviewing proposed federal actions. Suffolk County has adopted a local farmland preservation program. The State of New York is presently considering legislation that will appropriate the sun of $100 r~llion for the purchase of development rights on farmland in order to help keep this land in production. The Senate Standing Con~aittee on Agriculture is interested in public conment regarding any or all of these programs ~nd any other program of farmland preservation. L. PAUL KEHOE, CHAIP~[~N Senate Agriculture Committee Persons who wish to present oral testimony at this hearing should address themselves to the following questions. 1. Is there a need for a New York State policy requiring that the effect on agricultural lands be a consideration in proposed State projects? ..... 2. Has the agricultural distric~cs law of the State of New York been useful in preventing the loss of viable farmland? e Has the Suffolk County program been successful and, if so, should it be expanded? Should New York State adopt a farmland program similar to that in effect in Suffolk County? PUBLIC HEARING R~PLY FORM Persons who wish to testify at this hearing should contact Thomas Gosdeck, Counsel to the Committee on ~griculture at 315-946-4948 by October 28, 1983 in order to register to testify. In light of the anticipated number of people who wish to testify, witnesses should limit their oral testimony to a maxinmm of 10 minutes in length. I~ would be greatly appreciated if witnesses would provide 10 copies of their typewritten testimony at the time of the hearing. Please check the appropriate blanks. Com~!ete information is essential so that ~n~rsons may be notified in the event of emergency .Dost?oneu~nt or cancellation. I plan to attend the public hearing on alternatives for faz~land preservation in New York State. I plan to testify at the hearing. ~ I would like to remain on the Committee's mailing list. ;ODRESS T'F~T.RPHONE COOPERATIVE co..e,, U~liver$ity Cooperative Exten$,orl Association State Umver$ity of New York of Suffolk Courlty EXTENSION u s Deparlment of Agriculture 246 Griffing Ave.. Riverhead, NY 11901 Telephone 516-727-7850 1984 PROPOSED AGRICULTURAL VALUES The following proposed-agricultural~val'~§'~%Jillrb~"'t}~e"$ubject'of '~"hearing ~ ~9.be held: , . Thursday, February 9, 1984' Suffolk County Cooperative Extension, 246 Griffing Avenue Riverhead, New York The purpose of the hearing is to provide interested persons with the opportunity to present their views on these proposed agricultural values~ prior to final action by the State Board of Equalization and Assessment. After hearings have been held throughout the state, information received is considered by the State Board in establishing final agricultural values. Those unable to attend the hearings may file written ssasemenus with the hearing officer. All correspondence must be received by February 27, 1984, in order to insure consideratzon by the State Board. Any commen%s, criticisms, questions, or rgcommendatmons relative no the proposed values or the procedures used to establish them should be addressed co: Judith Green Simon ~ N.Y.S. Board of Equalization and Assessment Agency Building ~4 % Empire State Plaza Albany, New York 12223 Dr. Maurie Semel, Long Island representative with the Advisory Council on Agriculture of the New York State Department of Agriculture and Markets, urges.a~l persons now owning farmland in Rn agricultural district or subject to an {~dividual commitment to take the opportunity ~o express their views to the State Board. The agricultural value assessmen5 program is the przmary method~of effectuating the intent of the Agricultural Districts Law, to pro- vide D~means by which agricultural land subjec~ to urban pressures may be prote~t~d and enhanced as a viable segmen~ of the state's economy. Economic data for Long Island are based primarily on potato production. The proposed 1984 agricultural values show a substantial decrease when com- pared to the final 1983 values. The dramatic drop in Soil Groups lb through 4b is a result of steadily r~sing inpuu cosss coupled with a poor potato crop in 1982. Vineyard values for Long Island show a marked increase due to the higher prmce of the Vinifera [ype vines. William J. Sanok WJS: sc COOPERATIVE EXTENSION AGENT 1/1~/84 Agricultural Program L~der Preliminary December 14, 1903 STATE OF NEW YORK STATE BOAIi. D OF EQUALIZATION AND ASSESSMENT LONG ISLAND SCIIEDULEI (Proposed)'Agricultural Values Per Aere2 For Computing Agricultural Value Assessments For City and Town Assessment Rolls Completed in 19/]4 And I/or Villagc Assessment l[olJ~ Completed ill 1985 Mineral Soil Proposed Group Value Per Acre ~ °~m~ ~q~ 2 b 500 2&O I~110 ] b 3 Iii 4 b 130 6 b 90 qo 8 70 9 50 50 ~0 10 30 3o Farm Woodl~d ' Class 3 100 Proposed Add~n Orchard2 V~ue Per Acre (Trees Per Ae~e) 60 and over 390 ~qo ~aoo I,G~O Vineya rd2 1,280 $50 I Nassau and Suffolk Counties 2 For Orchards and Vineyards, the values are for the additional value of fruit trees and grapevines only. This value is added to the base land value computed from the Mineral Soil Group Values. The value of trellis supports is not included. 3 These are actual agricultural values per acre and not 'add-on' values. ~ntro. Res. No. 1202-81 '. Laid on Table 2/10/81 Introduced by the Presiding Officer at the request of the County Executive RESOLUTION NO. 285 -1981, ADOPTING LOCAL LAW NO. 16 -1981 A LOCAL LAW RELATII(G TO THE ACQUISITION OF DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS WHEREAS, there was duly presented and introduced to this County Legislature, at a regular meeting held on March 10, 1981 a proposed local law entitled, "A LOCAL LAW RELATING TO THE ACQUISITION OF DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS," and said local law in final form is the same as when presented and introduced; now, therefore, be itJ!lllI LOCAL LAW NO. 16 YEAR 1981, SUFFOLK COUNTY, NEW YORK ~.tA)' LOCAL LAW RELATING TO THE ACQUISITION OF DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS ~. ........ BE IT ENACTED BY THE COUNTY LEGISLATURE OF SUFFOLK as follows: Section 1. Repeal Local Law No. 19-1974, Local Law No. 18-1976, Sections 1 through 5, and Local Law No. 2-1978 are hereby repealed. Section 2. Legislative Findings a) The State of New York, by various legislative enactments has emphatical}y stated it'to be a most important state policy to conserve and protect and to encourage the improvement of agricultural lands, both for the production of food and the preservation of such lands as valued natural and ecological resources. It has further stated that the expenditure of County funds to acquire legal intePests and rights in such lands is in furtherance of such policy and is a proper expenditure of.public funds for public purposes. b) The Count~ is in complete accoKd with such policy and this local law is intended to indicateF generally, the Procedures which will be employed by the County 'in its pursuit of its goal to protect and conserve agricultural lands, open spaces and open areas. Section 3. Definitions a) "Agricultural Lands" shall mean lands used in bona fide agricultural, production:- b) "Agricultural production" shall mean the production for commercial purposes of all those items and products as defined in N.Y.S. Agriculture and Markets Law, Section 301 as constituted on the effective date hereof. c) "Development right" as authorized by Section 247 of the N.Y.S. General Municipal Law, as amended, shall mean the permanent legal interest and right to permit~ require or restrict the use of the premises exclusively for agricultural production as the term is presently defined in Section 301 of the N.Y.S. Agriculture and Markets Law, and the right to prohibit or restrict the use of the premises for any purposes other than agricultural production.. d) ' "Interest or right" in real property .shall include all legally recognized interests and rights in real property Other than fee simple. e) requires location a location in, on "Structure" shall mean anything constructed or erected which in, on, or under the ground, or attachment to something having or under the ground including fences. f) "Alienation" shall mean the transfer of any development right in real property from Suffolk County to another. g) "Coflmfittee" shall mean The Suffolk County Famland Committee. " Section 4. Procedures a) When authorized by the Suffolk County Legislature, the County Executive shail solicit offers for the sa)e of development rights in agricultural lanas to the County. Following receipt of such offers, the County Executive shall cause an appraisal of the market value of such developmentrights to. be made. After a report on the matter by the County Executive to the County Legislature, the CoUnty Legislature sh~ll hold a public hearing on the question of the acceptance of one or more of such offers. Said hearing shall be held upon such notice givemin such manner as the Legislature may determine. b) Within thirty {30} days after such public hearing, the County Legislature shall make a dec~sion upon the matter of such offers. Section 5. Alienation of Development Rights a) Unless authorized by local law recommended by the Con~ittee and approved upon mandatory referendum, development rights acquired by the County in agricultural lands shall not be alienated in any manner. b) In determining whether to recommend the alienation of development rights, the Committee shall take into consideration {1) the continuing practicality of the use of the remainder fee of lands, {2) the development rights which have been acquired by the Co'unty, {3} such factors as .the uses to which adjacent lands have been put, and {4) the necessity for the use of the lands for another governmental purpose. ~ection 6..The Suffolk County Earmland Con~nittee a) The Committee is hereby constituted as a continuing Agency of Suffolk County Government. b) It shall consist of 19 members, g of whom shall be appointed by the County Executive With :he approval of the County Legislature, and serve at the ~qeasure of the Cou6ty Executive; and the other 10 shall be designated one from each Town within the County, and serve at the pleasure of the respective Town Boards. ' c) The designees of the Towns shall be certified to the Clerk of the County Legislature by the Town Clerk of the respective Towns. d) The Chairman of the Committee shall be designated by the County Executive andserve at his pleasure. e) The Committee shall have the authority: (1) to recommend to the County Legislature the lands which may be acquired for development rights, {2} to review requests to subdivide the remainder fee of lands and to thereafter make a recommendation to the Legislature whether such request be granted. (3) to review any matters relevant to development rights and the agricultural economy in.general, (4) to serve as a review board for the granting of permits for the construction -or erection of structures on those properties covered by the development rights, and (5) to promulgate such rules and regulations as may be necessary to carry out the intent, of this local law and to govern the administration and functions of the SuffOlk County Farmland Committee. Section 7. Conflicts a) Notwithstanding the provisions of any special law, charter law, local l~w or resolution which may be inconsistent herewith, in whole or in part, this local law shall in all respects control in the matter of the acquisition or alienation .of development rights in agricultural lands. DATED: March 24, 1981 APPRJ~ BY: CounbCF Executive of Suffolk ~ounty after a public hearing duly held April 6,1981, Date of Approval: ~~. Filed with the Secretary of State on April 20, 1981. October 23, Mr. Daniel Larktn Permit Administrator New York Deut. of Environmental Conservation Building ~0, SUNY Stony Brook, N. Y. 11794 Dear Dan, This Past snmmer I've again been working at levelling the very. old dikes to fill the iow spots in the area of m~ farm west of and immediately adjacent to New Suffolk Lane. This is the area where I am planning to plant cranberries. It was first considered by your department in 197% and I have your letter of November 6, 1975 stating that it would require no permit (agricultural exemption). On November 15,1979 I sent you cody of my letter to the Southold Town Board as no- tice-~fmy intent and,in particular, item 3 states "Level land adjacent to New Suffolk Lane for a co-operative experiment with Cornell University in growing cranberries. This will also entail water control structures, includim~ ditches, in- terior dikes and control gates." For your information I have done some major work on this project in every year since 1975, but currently am at an impasse. The_major Iow spot that I wish to fill lies near the center of this area, and although there is no open water there, the ground is too soft to hold up a bulldozer. I have the material right there to fill it from the old dikes and higher land adjacent, but cranberries ehould have the organim soil on top and not under a couple of feet of mineral soil. This leads me to believe -- after miring my D? bulldozer -- ~hat ~he best way ~o handle t~ls would be ~o have a crane~ come in and skim off three or four feet of this organic soil in an area approximately 5o feet in diameter. This would be piled at the side. I would then fill the hole with m~ mineral soil and then re-spread the organic over the top. In all this there are two important considerations. First, the elevation of the cranberry bog is to be Just one foot above sea level and the bog itself must be level. The second is that organic Boil subsides when it becomes dry and is oxidized. Mr. Daniel Larkin 0otober 23, 1981 Page 2 In conclusion, this is a somewhat different method of regrad- lng and fillir,.~ this low e~o$ th~ e~her o~ us ~t~c~p~ted, but ~ nevertheless is Just that. ~ie letSer, then, Is ~otice that a dif- ferent me~s will be t~en to aooo~lish the work, ~ely, a dr~line crane for abou~ h~f a d~v. Sincerely yours, cc, ~. Judith Terry Scuthold TOwn Clerk John Wickham !ntro. Res. No. 1202-81 '~ Laid on Table 2/10/81 Introduced by the Presiding Officer at the request of the County Executive RESOLUTION NO. 285 -1981, ADOPTING LOCAL 'LAw NO. 16 -1981 A LOCAL LAW RELATIflG TO THE ACQUISITION OF DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS WHEREAS, there was duly presented and introduced to this County Legislature, at a regular meeting held on March lO, 1981 a proposed local law entitled, "A LOCAL LAW RELATING TO THE ACQUISITION OF DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS," and said local law in final form is the same as when presented and introduced; now, therefore, be it ~F~(~O~F~I' ' ' RESOLVED, that said local law be enacted in form as foll~), ~" ~)~! LOCAL LAW RELATING TO THE ACQUISITION OF DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS L__ BE IT ENACTED BY THE COUNTY LEGISLATURE OF SUFFOLK as follows: Section 1. Repeal Local Law No. 19-1974, Local Law No. 18-1976, Sections 1 through 5, and Local Law No. 2-1978 are hereby repealed. Section 2. Legislative Findings a) The State of New York, by various legislative enactments has emphatical}y stated it'to be a most important state policy to conserve and protect and to encourage the improvement of agricultural lands, both for the production of food and the preservation of such lands as valued natural and ecological resources. It has further stated that the expenditure of County funds to acquire legal interests and rights in such lands is in furtherance of such policy and is a proper expenditure of public funds for public purposes. b) The County is in complete accord with such policy and this local law is intended to indicate' generally-the procedures which will be employed by the County 'in its pursuit of its goal to protect and conserve agricultural lands, open spaces and open areas. Section 3. Definitions a) "Agricultural Lands" shall mean lands used in bona fide agricultural production~ -- b) "Agricultural production" shall mean the production for commercial purposes of all those items and products as defined in N.Y.S. Agriculture and Markets Law, Section 301 as constituted on the effective date hereof. c) "Development right" as authorized by Section 247 of the N.Y.S. General Municipal Law, as amended, shall mean the permanent legal interest and right to pemit~ require or restrict the use of the premises exclusively for agricultural production as the term is presently defined in Section 301 of the N.Y.S. Agriculture and Markets Law, and the right to prohibit or restrict the use of the premises for any purposes other than agricultural production. d) "Interest or right" in real property -shall include all legally recognized interests and rights in real property other than fee simple. e) "Structure" shall mean anything constructed or erected which requires location in, on, or under the ground, or attachment to something having a location in, on or under the ground including fences. f) "Alienation" shall ~ean the transfer of any development right in real property from Suffolk County to another. g) "COlmnittee" shall mean The Suffolk County Farmland Committee. Section 4. Proceour.es a) When authorized by the Suffolk County Legislature, the County Executive shall solicit offers for the sale of develop~nent rights in agricultural lan~s co the County. Following receipt of SUCh offers, the County Executive shall cause an appraisal of the market value of such developmentrights to be made. After a report on the matter by the County Executive to the County Legislature, the County Legislature shall hold a public hearing on the question of the acceptance of one or more of such offers. Said hearing shall be held upon such notice given in such manner as the Legislature may determine. b) Legislature shall Section 5. a) Within thi'rty (30) days after such public hearing, the County make a decision upon the matter of such offers. Alienation of Development Rights Unless authorized by local law recommended by the Conmittee and approved upon mandatory referendum, development rights acquired by the County in agricultural lands shall not be alienated in any manner. b) In determining whether to recommend the alienation of development rights, the Committee shall take into consideration (1) the continuing practicality of the use of the remainder fee of lands, (2) the development rights which have been acquired by the County, (3) such factors as the uses to which adjacent lands have been put, and (4) the necessity for the use of the lands for another governmental purpose. Section 6..The Suffolk County Farmland Committee a) The Committee is hereby constituted as a continuing Agency of Suffolk County Government. b) It shall consist of 19 members, 9 of whom shall be appointed by the County Executive with ~he approval of the County Legislature, and serve at the pleasure of the County Executive; and the other 10 shall be designated one from each Town within the County, and serve at the pleasure of the respective Town Boards. c) The designees of the Towns shall be certified to the Clerk of the County Legislature by the Town Clerk of the respective Towns. d) The Chairman of the Committee shal) be designated by the County Executive and serve at his pleasure. e) The Committee shall have the authority: (1) to recommend to the County Legislature the lands which may be acquired for development rights, (2) to review requests to subdivide the remainder fee of lands and to thereafter make a recommendation to the Legislature whether such request be granted. (3) to review any matters relevant to development rights and the agricultural economy in general, (4) to serve as a review board for the granting of permits for the construction or erection of structures on those properties covered by the development rights, and (5) to promulgate such rules and regulations as may be necessary to carry out the intent of this local law and to govern the administration and functions of the Suffolk County Farmland Committee. Section 7. Conflicts a) Notwithstanding the provisions of any special law, charter law, local law or resolution which may be inconsistent herewith, in whole or in part, this local law shall in all respects control in the matter of the acquisition or alienation of development rights in agricultural lands. DATED: )larch 24, 1981 APPRJ3V6~ BY: Count~~ Executive of Suffolk County after a public hearing duly held April 6,1981, Date of Approval: ~////~//~/". Filed with the Secretary of State on April 20, 1981. TOWN OF SOUi'HOLD 25 February 1981 The follow~ng resoiution was offered by Councilwoman Mary Ella Richard, seconded by Councilman Parsons, and adopted: /3 WHEREAS, the Suffolk County Legislature has proposed the ~reation of an Agricultural Advisory Board, now therefore be it RESOLVED, that the Town Board of ~East Hampton s,~pp~?rts the .creation of an Agricultural Advisory Board, ~nd urges the Legislature to proceed as quickly as possible with the formation of the Board and the appointment of the members, and be it further RESOLVED, that a certified copy of this forwarded to the County Legislature and the Executive. resolution be County STATE 0~' NEW YORK Suffolk County Office of the Clerk of. the TOWN 01~. E~st. bLamptplt.. Charles T. Anderson Town Clerk of the This is to certify that I, . ....................................... Suffo k Town of East Hamp..ton in the said County .gf ...................................... ..................................................... res.olution havewith theC°mparedomginaithenowf°regmngon file ~n°Pt~i~foffice, .................................................................................... and that the ~e is a correct. resoJution and true transcript of such ori~inai ................................................................ and the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the ~.. 25th - _ F~brua ry -.~I) h seal of said Town mm .................................. .ay/o~.y................. ~'''~'7--'' Orig ~ Copies ' ~"' T.C. ~ T.B. Atty. Adg. Date File, O~tobe~ 8. 1980 The Rono~ble Hugh L. Ca~ey The ~gecutive Chaa~e~ All,ny. ~. Y. 1222~ Dear Gove~no~ ca~ey. As a fomaer meabeP of the New Yor~ State situation that has a~,leen he~ on ea~te~ Lon~ Couple Of days ago a f~r~e~ fl'om Southold. ~ Lapps. f~n~d~ $2~0. sentence suspen~e~, by the Depa~taaeat of ~a- vtr~maen~tl Conae~vation Lu Stony a~ook fo~ du~t nulla~ee. The basic facts In the ~se a~e that flits conair .~se. that tho p~ ~use ~ d~t ~om tho f~ ~t~Jac~t to a ~s~e~e. I ~ ~ at the h~ has to ~ ~othe~ ~one ~11 ce tee to ~voked · Obviously you ~net ffa~a without du~t. and the people of this state ~ust daoid~ ~hethe~ they ~ food ft~ ott~ totm~ and~. county ~hich le~t the state In pr~duotion, o~ ~hethe~ the D~ shall fo~oe it Juts housing. .. ZuteFestinE17. ~. Lappo°s hose fa~ is tn ou~ a~tealtueal ~ist~iot. but the fields in question a~o Feate~ A.a ~ act ln- clud~t. S~noo about half the far~laad In the To~n of Southold le Fented-.it.doos not .n~. r~oo[vo the l~oteotio~ eultml~ gist~o~. ~ ~ ~~ ali* ~ ~~ ~10~1 1~ ~ t~ ~, ~at o~ all of Yer/ sinco~ely yours. Cc:. Eon. Rogo~ Bm'bet'. Coma. · of /~e~loultur~ & ~ke~ H~ Stebb~ ~c. S~. . ~ic~t~l ~vtsory Co~. *:.~ c~. . · .. .. Southol~ ~ John D£NIS R. HURL£Y Hon. James Homan, Supervisor 53095 Main Road Southold, New York 11971 tou.T¥ OF=.SUFrOLKII COUNTY LEGISLATURE ~Tovember Re: Suffolk County A~ricultural District No. 1 Dear Supervisor Homan: Enclosed is a photocopy of a July 6, 1979 letter from M. Peter Lanaha~, First Deputy Commissioner, New York State Department of Environmental Conservation, to the Suffolk County Board of Legislators, in which he indicates that the agricultural district in the Town of Southold is certified and becomes effective 90 days thereafter. Also enclosed are other self-explanatory materials pertaining to the same. I assame that the materials should be made available to your assessors for their use in preparing the 1980-$1 assessment roll. DRH/~E/Jf Enclosures Sincerely, Denis R. Hurley cC: Members of the Agricultural Districting Advisory Committee Charles G. Lind, Suffolk County Department of Planning William H. Rogers, Suffolk County Legislature Carl Ingelstrom, N.Y.S. Department of Environmental Conservation M. Peter Lanahan, N.Y.S. Department of Environmental Conservation Peter iIi aha hah SnffE lk Coun -, 49 Nas~ Mai n s free? Rl~eFhead. N.Y. ]i901 ~2( nservaz:i, en. DO,iS HF. REBY CERTIFY that the plan for creation e~ an Agric ] k,oral Pis[r£ 2~ %n the Tewn ,~)f Southold, Suffolk Ceuncy, adopied and ~ppreved by you by Resolntio}~ Numbers 2154-u8 en December 3, 197S, 2199-78 and 1214,79 reqeired h'f paraq~ ach o) nf ~he~ Sec~l on 303 (2) and such II within rna~ ~©riod. modi ~;ication, n£n~_~ty days u~lless or ae )rove M. Peter Lanahan STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION ALBANY, NEW YORK 12233 Board of Legislators Suffolk County 49 East Main Street Riverhead, N.Y. 11901 Attention: Mr. William H. Rogers, Clerk Gentlemen: The undersigned, Commissioner of Environmental Conservation, DOES HEREBY CERTIFY that the plan for creation of an Agricultural District in the Town of Southold, Suffolk County, adopted and approved by you by Resolution Numbers 2154-78 on December 28, 1978, 2199-78 and 1214-79 on February 27, 1979, is eligible for districting and that such districting will be consistent with the environmental plans, policies, and objectives of the State of New York as provided in Article 25AA and Section 303 of the Agriculture and Markets Law. Please be advised that, under Section 303 of the Agriculture and Markets Law, the county legislative body must hold a public hearing on an agricultural districting plan within sixty days after the initial public hearing required by paragraph (e) of the Section 303(2) and such modification was not considered at the original hearing. If no modifications have been made, a second hearing may be held at the option of the county legislative body before the district becomes effective. Since this proposed district has been certified without modification, it will become effective after a period of ninety days unless you choose to take action to disapprove or approve its creation within that period. If the district is approved, the description be filed with your County this Department is disposition of the statute requires that Clerk. In addition, to be notified in writing of the final district and the date of that action. Sincerely, /~ / / M. Peter Lanahan, Jr. First Deputy Commissioner OCOUNTY O~' SUFFOLK DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRE~:TOR OF PLANNING November 1, 1979 Mr. Denis R. Hurley, Legislator 1st District Suffolk Co~mty Legislature 49 East Main Street Riverhead, N.Y. 11901 Re: Suffolk County Agricultural District No. 1 Dear Legislator Harley: Enclosed is a copy of the description for Suffolk County Agricultural District No. 1. The original was filed in the office of the County Clerk on November 1, 1979 (Misc. 16) as per your request. Thp New York State Department of Environmental Conservation has been notified of the filing of the description with the County Clerk. Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Cartographic Division CGL:jk File: CD-79-02.1 Enclosure DESCRIP~TION OF SUFFOLK COUNTY AGRICU. LTURAL DISTRICT NO. 1 All those parcels of land situate, lying and being in the Town of Soutbold as shown on the map "Suffolk County Agricultural District #1" filed with the New York State D~partment of Environmental Conservation, Albany, New York, a copy of which is attached, and more particularly describe as all or part of the follow- ing tax parcels as shown on the "Town of Southold Real Property Tax .Map, County of Suffolk, State of New York, dated, June 1978: District Parcel Number Tax Parcel Identifier Number of tax parcels that makeup district parcel' 1 1000-019-1-6 1000-019-1-7 2 10Q0-017-4-16 1000-017-6-6 1000-018-3-8 1000-023-3-2 8 9 10 11 12 3 1000-018-6-17 1000-019-1-8 1000-020-3-3 1000-075-7-2 1000-069-1-9 1000-069-2-3 1000-069-3-1 1000-069-3-2 1000-069-3-3 '1000-069-4-11 1000-069-4-13 1000-075-2-15 1000-075-3-2 '1000-075-5-1 1000-068-4-18 1000-069-1-6 1000-109-1-9 1000-109-1-10 1000-084-1-26 1000-084-4-1 1000-096-2-10 1000-083-2-16 1000-083-3-6 1000-096-1-2 District Parcel Number 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 Tax Parcel Identifier Number' of tax parcels that makeup d~strict parcel 1000-095-1-8 1000-095-4-5 1000-084-4-6 1000-096-2-12 1000-096-3-6 1000-096-3-7 1000-097-5-2 1000-097-1-12 1000-097-1-13 1000-082-1-1 1~00-095-1-9 1000-096-2-5 1000-095-2-1.1 1000-095-4-9 1000-095-4-10 1000-095-4-11 1000-096-2-7 1000-083-1-32.1 1000-095-4-20 1000-084-2-3.3 1000-101-2-21 1000-102-1-3 1000-102-4-6 1000-109-1-24 1000-083-2-13 1000-083-2-14 1000-084-1-11 1000-084-1-12 1000-084-1-13 1000-102-4-5 1000-101-2-18.1 1000-100-2-18.2 1000-084-1-1 1000-084-1-2 1000-095-4-4 District Parcel N~mber 29 3O 31 32 33 34 35 36 37 Tax Parcel Identifier Number of tax parcels that makeup dAstrict parcel 1000-108-3-12.1 1000-109-1-4 1000-109-1-5 1000-096-1-19 1000-096-1-20 1000-096-2-8 1000-102-6-19 1000-103-11-1.2 1000-103-11-23 1000-103-11-23.2 1000-109-5-23 1000-109-7-10.1 10~0-109-7-10.2 1000-110-8-1.2 1000-110-8-2 1000-110-8-32.1 1000r110-8-32.2 1000-116-3-2 1000-116-3-3 1000-116-3-4 1000-116-3-5 1000-116-3-6 1000-116-3-7 1000-116-3-8 1000-116-3-9 1000-116-3-10 1000-116-3-11 1000-116-3-13 1000-116-3-16 1000-095-4-7 1000-095-4-14 1000-095-1-11 1000-095-1-12 1000-101-2-4 1000-108-3-7 1000-101-1-8 1000-101-2-6 1000-109-1-11 1000-096-3-2 1000-108-4-7.1 1000-107-11-10 1000-115-2-2.1 1000-115-2-2.2 1000-115-2-3 1000-115-10-1 JOHN L. BEHAN 1st Assembly District Room 523 Legislative Office Building Albany, New York 12248 The Plaza P. O. Box 1005 Montauk, New York 11954 THE ASSEMBLY STATE OF NEW YOF ALBANY ~TOWN OF $OUTHOLD ' COMMITTEES Environmental Conservation Local Governments Real Property Taxation Environmental Administration and Operation Subcommittee October 8, 1979 Dear Friend: As your Assemblyman, I have requested that the AA. ly Standin9 Committee on Agriculture come to eastern Long Island for'a ~uD±ic nearing to see and hear first hand, those problems and difficulties that face the farmer on Long Island. T am pleased to tell you that this request has been honored and Ass~nblyman Rolland Kidder, the Chairman of the Agriculture CCr~Littee,has scheduled a public hearing on October ~, 1979 at 10 A.M. in the county center in Riverhead. The scope of the hearing is the survival of the farm family. Specifically, the committee will be looking for testiKony on. such subjects as agricultural taxation, marketing, ang government regulation. Of coarse, the committee will also be interested in hearing about those issues t/~at are unique to the Long Island area. For exan~ le, information or opinions on the proposed Long Island Regional Farm Market, or the recent development of vineyards and the wine industry on Long Island , and other issues of importance to our region are certainly within the scope of this hearLng I have enclosed a hearing notice and urge you to attend end voice your opinion on farm issues. Only by letting the Agriculture Cc~mittee know your thoughts can we insure that our area and its concerns are understood in Albany. A larg~ turnout certainly will assist me in representing you in Albany. If you would like any further information on the hearing, please contact n~; office at 668-5656. Sincerely yours, John L. Behan Member of Assembly P.S. Replies shold be sent to : John L. Behan P.O. Box 1005 Montauk, New York 11954 DENIS R. HURLEY u ui7 ® OUnT¥ of COUNTY LEGISLATU RE: October 31, 1979 __TOWN OF SOUTHOLD M. Peter Lanahan, Jr. First Deputy Commissioner State of New York Department of Environmental Conservation Albany, New York 12233 Re: Agricultural District in the Town of Southold: Suffolk County Dear Mr. Lanahan: Legislator Denis Hurley has asked me to contact you regarding the captioned matter. Enclosed please find a photocopy of your July 6th letter to the Board of Legislators, Suffolk County, relative ~o the same. Since 90 days have expired following your July 6th letter, and since the Suffolk County Legislature took no action to disapprove or approve its creation within that period, Mr. Hurley assumes that the Southold Agricultural District is now effective. He would like to know what type of evidence is required of Suffolk County to confirm this action/inaction and, in turn, what does Suffolk County receive from the State which then mus~ be furnished to the Southold To,,m Tax Receiver substantiating the creation of the district in that towm. Thank you for your attention to 'this matter. Awai%ing your response, I am, Cordially, DK/Jf Enclosure Delphine Kucera Legislative Aide CC: James Homan, Supervisor, Town of Southold, Suffolk County William H. Rogers, Clerk, Suffolk County Legislature Lee Koppelman, Dept. of Planning, Suffolk County Dave Newton, Cooperative Extension Assoc., Suffolk County Carl Ingelstrom, N.Y.S. Dept. of Envirorm~ental Conservation Richard Ryan, N.Y.S.D.E.C. Regional Off[ce Stony Brcok, Suffolk County M. Peter Lanahan STATE OF NEW YORK DEPARTM E~4T OF EnViROnMENTAL COnSERVaTION ALBANY, NEW YORK |2233 JUl_ Board of Legislators Suffolk County 49 East Main Street Riverheadw N.Y. 11901 Attention: Mr. William H. Rogers, Clerk Gentlemen: The undersigned, Commissioner of Environmental Conservation, DOES HEREBY CERTIFY that the plan for creation of an Agricultural District in the Town of Southold, Suffolk County, adopted and approved by you by Resolution Numbers 2154-78 on December 28, 1978, 2199-78 and 1214-79 on February 27, 1979, is eligible for districting and that such districting will be consistent with the environmental pla~s, policies, and objectives of the State of New York as provided in Article 25AA and Section 303 of the Agriculture and Markets Law. Please be advised that, under Section 303 of the Agriculture and Markets Law, the county legislative body must hold a public hearing on an agricultural districting plan within sixty days after the initial public hearing required by paragraph (e) of the Section 303(2) and such modification was not considered at the original hearing. If no modifications have been made, a second hearing may be held at the option o~ the county,legislative body before the district becomes effectiye. Since this proposed district has been certified without modification, it will become effective after a Deriod of ninety days unless you choose to take action to disapprove or approve its creation within that period. If the district is approved, the d~scription be filed with your County this Department is disposition of the statute requires that Clerk. In addition, to be notified in writing of the final district and the date of that action. Sincerely, / /'-- ~ir~t ~e~u~ ~o~missio~er DENIS R. HURL"~Y COUNTY LEGISLATURE November 29, 1978 Stanley S. Corwin, ESQ. County Attorney's Office Veterans Memorial Highway Hauppauge, New York 11787 RE: Proposed Agricultural District for Southold Dear Mr. Corwin: In keeping with our discussion of November 27, 1978, enclosed is a photocopy of the New York State Department of Environmental Conservation's suggested "County Legislative Body Notice of Hearing on Agricultural District". The notice is taken from the Department of Environmental Conservation April 1976 publication entitled "County Guidelines for- Creation of Agriculttural Districts". I will ask Dave Newton to send a copy of the booklet to you for your file. As we discussed, I introduced at the legislative meeting on November 28th the resolution calling for the required public hearing. That resolutionwill be voted upon at our meeting on December 12th. Assuming the resolution is passed, the hearing will be held at the legislative meeting at the County Center on December 28, 1978. The place of the hearing is designated as the County Center, Riverhead, rather than in Southold Town, due to probable problems of obtaining a quorum of the Legislature for a special hearing in Southold. You indicated that it isthe County Attorney's opinion that a meeting in Riverhead ',~11 comply with the relevant State statute. I notice that Section 303 (2) (e) (i) of the Agricultural District Law provides that the "hearing shall be held at a place within the proposed district or otherwise readily accessible to the proposed district." I assume that this is statutory language which will permit the hearing to be held in Riverhead as a location "readily accessible to the proposed district." As you are aware, we have received inquiries from two landowners asking that the petition for an agricultural district be modified to permit the inclusion of their property. The two individuals involved are Mr. John Diller and Mr. Arthur Simon. Enclosed herein is a copy of my letter to Howard Pachman, Esq. of October 25, 1978 referring to the two individuals, Stanley S. Corwin, Esq. November 29, 1978 Chief Assistant County Attorne~ ' ~ Page 2 along with a copy of Mr. Diller's and 5~. Simon's letters. Please let me know what should be done with respect to the request in thesetwo letters. It is my Understanding that your office will prepare the necessary notices of hearing, and arrange to have that notice published and served on the required individuals, as listed on the bottom of the "Fact Sheet on Procedure" that you prepared as backup material for the resolution establishing the hearing date. On the same date that the public hearing is held, to wit, December 28, 1978, I intend to offer a resolution asking the Legislature to adopt the recommendation of the Agricultural Districting Advisory Committee. Therefore, please prepare the necessary resolution, or resolutions, so that I may lay the matter on the table at our legislative meeting on December 12th. It might be advisable to prepare one resolution that would adopt the petition, as submitted by the ~6 petitioning farmers, and a second resolution to include those lands plus the two parcels covered by the Diller and Simon le{ter. I am not asking that a resolution be prepared to reflect the Suffolk County Planning Commission's recommenda- tion. The reason for this is that I have reviewed their resolution of September 12, 1978, a copy of which is enclosed herein, and note that no specific recommendation has been made, as to the amount of acres that the Commission recommends be included within the district. As you will recall, the Planning Department filed a staff report recommending that 13,315 acres be included within the district. Every effort must be made to obtain a decision on the application to establish an agricultural district prior to June l, 1979, i.e. the date that the Tax Receiver of Southold will issue his real estate tax bills for the 1979-80 tax year. As you know, once the Job is done on the County level, the matter must be reviewed by the State, so tim~ is becoming short. Your assistance and cooperation in this regard will be greatly appreciated. Sincerely, Il D~his R. Hurley DRH:mh Enclosures CC: Members of the Agricultural Districting Advisory Committee Supervisor Albert Martocchia Mr. John Wickham Mr. Lee Koppelman