HomeMy WebLinkAboutSwain, Bradley TSOUTHOLD TOWN BOARD
PUBLIC HEARiNG
July 19, 2011
4:32 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
This hearing was opened at 4:56 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~ July 19~ 2011~ at 4:32 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 Bradley T. Swain. Said property
is identified as part of SCTM #1000-107.-5-1.1. The address is 4390 Mill Lane in
Mattituck. The property is located in the A-C zoning district and is situated on the
easterly side of Mill Lane approximately 300 feet northwesterly from the intersection of
Mill Lane and Wickham Avenue in Mattituck, New York. The proposed acquisition is for
a development rights easement on a part of the property consisting of approximately
12.4± acres (subject to survey) of the 15.4± acre parcel.
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 $65,000 (sixty-five thousand
dollars) per buildable acre for the 12.4± acre easement plus acquisition costs.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value.
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.
Swain DRE Public Hearing
July 19, 2011
2
I also have a notice that it was posted on the Town Clerk's bulletin board on July 7. That
is was posted in the Suffolk Times on July 14, 2011 and we have got a short
environmental assessment form. And that is it.
SUPERVISOR RUSSELL: Would anybody like to comment on this particular
acquisition? Anyone?
COUNCILMAN KRUPSKI: I would just like to say that as the liaison to the Land
Preservation Committee, this is one of the easier decisions they've made. This is, there is
a lot of road frontage, it is active farmland. It adds to a nice block of preserved land in
that part of Mattituck and we are very happy the Swain family decided to go this route. It
really does add to the agricultural community there.
SUPERVISOR RUSSELL: I want to thank the Swain family for their generosity, the
preservation program works because we have willing landowners that are willing to
participate in the program and I want to thank them very much for their participation.
This heating was closed at 4:59 PM
Southold Town Clerk
#10323
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Candice Schott 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
14th dayofJul¥, 2011.
Sworn to before me this
~ ~ Principal Clerk
day of / -, 2011.
i~GAL NOI3C~
NOIlC~ IS ~Y ~ that
17 (~uni~ ~ation Fund) ~d
Chapter 70 (A~c~ ~ds) of tbe
~ S~d prope~y is
The property is listed on the ~10wn's
Conununity Preservation Project Plan as
property that should be preserved due to
its agricultural value.
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 houlx
Dated: July 5, 20I 1
BY ORDER OF
THE TOWN BOARD
O~ THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
10323-1T 7/14
~ ~.HRISTINA VOLINSKI
NOTARY PUBLIC-STArE OF NEW YORK
No. 01-VO6105050
Qualified in Suffolk County
My ~ommlltiOh ~#~}ffll FIID~UO~y 25, 2012
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, N~ 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
RECEIVED
JUL 2 5 20il
To: Town of Southold Town Board
Southold Town Clerk
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: July 19, 2011
Re:
Purchase of a development rights easement_on a part of the property
consisting of approximately 12.4_+ acres (subject to survey) of the 15.4_+
acre parcel owned by Bradley T. Swain.
Location: 4390 Mill Lane in Mattituck
Part of SCTM # SCTM #1000-107.-5-1.1.
The proposed acquisition is for a development rights easement on a part of the property
consisting of approximately 12.4_+ acres (subject to survey) of the 15.4+ acre parcel.
The action has been reviewed to Chapter 266, 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
28A I JULY 14, 2011 I SUFFOLKTIMES.COM
LEGAL NOTICES
LEGAL NOI'iCE
NOTICE of PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
pursuant to thc 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 Tuesdav. Julv 19~
2011. at 4:32 p.u~ Southold Town Hall
g~_5 Main Road, Southold. New York
~ the .'_fi~e and ulace for a uublic hear-
ins for the ourclmse ag a development
rights easement on urouet~ owned
~ _B_radlev T. Swaim Said property is
identified as part of SCTM #1000-10~.-
5-1.1. The address is 4390 Mill Lane in
Mattituck. The property is located in the
A-C zoning district and is situated on the
easterly side of Mill Lane approximately
300 feet northwesterly from the intersec-
tion of Mill Lane and Wickham Avenue
in Mattituck, New York. The proposed
acquisition is for a development rights
easement on a part of the property
consisting of approximately 12.4± acres
(subject to survey) of the 15.4± acre par-
cel.
The exact area of the acquisition is
subject to a Town-provided survey ac-
ceptable to the Land Preservation Corn
mittee and the property owner. The ease-
ment w II be acquired using Community
Preservation Funds. The purchase price
is $65,000 (sixty-five thousand dollars)
per buildable acre for the 12.4± acre
easement plus acquisition cost*
LEGAL NOTICES
CONTINUED FROM PAGE 28A
The property is listed on the Town's
Community Preservation Proiect Plan as
property that should be preserved due to
its agricultural value.
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: July 5,2011
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF sOUTHOLD
Elizabeth Neville
Town Clerk
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~ July 19~ 2011~ at 4:32
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 Bradley T. Swain. Said property is identified as part of SCTM
# 1000-107.-5-1.1. The address is 4390 Mill Lane in Mattituck. The property is located in
the A-C zoning district and is situated on the easterly side of Mill Lane approximately
300 feet northwesterly from the intersection of Mill Lane and Wickham Avenue in
Mattituck, New York. The proposed acquisition is for a development rights easement on
a part of the property consisting of approximately 12.4± acres (subject to survey) of the
15.4± acre parcel.
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 $65,000 (sixty-five thousand
dollars) per buildable acre for the 12.4± acre easement plus acquisition costs.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value.
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: July 5, 2011
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON July 14, 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 T~wn of Southold, New York being
duly sworn, says that on the ?r/~ day of~, 2011, she affixed a notice of
which the annexed printed notice is a tree co,fly, irflh 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: Swain Dev. Rts Easement
Swom before me this
'7~ day of~.~x~I, 2011.
~'4ot~y- P-u~lic z
LINDA d COOPER
NOTARY PUBLIC, State of New York
NO. 01C04822563, Suffolk County,
Term Expires December 31, 20/"~
t~/Elizabetl~ A. Neville
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. APPLICANTISI~ONSOR ~- ~ . p. -
4. PRECISE LOCATION (Stree address and road interse~ions, prominent landmass, etc., or provide map)
5. PROPOSED ACTION IS:
[] New [] Expansion [] Modiflcationlalteration
6. DESCRIBE PROJECT BRIEFLY:
7. AMOUNT OF LAND.~,FFECTED:
Initially 12, I-I - acres Ultimately {~. ~ Ct, ~ acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXIST NG LAND USE RESTRICTIONS? ~)Yes [] No If No, describe briefly
9. WHAT I~RESENT LAND USE IN VICINITY OF PROJECT?
j~..~esidential [] Industrial [] Commemial ,~Agriculture [] Park/Forest/Open Space [] Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OP~LOCAL)?
[] Yes ~ No If Yes, list agency(s) name and permit/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:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQU RE MODIFICATION?
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS_TRUE TO THE BEST OF MY KNOWLEDGE / --
I If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
I
OVER
PART 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.
E~Yes []No
B. WILL ACTION RECEIV~ COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
~]Yes [~No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, sclid waste production or disposal,
potential for erosion, drainage or ffeeding problems? Explein briefly:
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 bdefly:
C6. Long term, short term. oJmuleflve, or other effects not identified in G14~57 Explain briefly:
DT. Other impacts (including changes in use of either quantity or type o[ energy)? Explain briefly:
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
[] Yes ~L~ No if Yes, explain bdefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes ~ No If Yes, explain beefly:
PART Ill - 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.
] Checkthleb~xify~uhaveidenti~ed~ne~rm~rep~tentia~~ylarge~rsigniflcantadverseimpactswhIchMAY~ccur~ ThenproceeddirectlytotheFULI
EAF and/or prepare a positive declaration.
[~ Check( this boxif you have determined, based on the information and analysis abeve and any supporting documentation, that the proposed action WiLl
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinatk
Name of Lead Agency
Print or Type Name of Responsible Offi~ Lead Agency
Sign ati~/Re sp onsibl-6r Offi~r in Lead Agency
Date
Title of Responsible Officer
Signature of Preparer (If di~'~rem responsible officer)
RESOLUTION 2011-493
ADOPTED
DOC ID: 6809
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-493 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 5, 2011:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the Town Code, the Tow~ Board of the Town of Southold
hereby sets Tuesday~ July 19~ 2011~ at 4:32 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
develol~ment rights easement on property owned by Bradley T. Swain. Said property is
identified as part of SCTM #1000-107.-5-1.1. The address is 4390 Mill Lane in Mattituck. The
property is located in the A-C zoning district and is situated on the easterly side of Mill Lane
approximately 300 feet northwesterly from the intersection of Mill Lane and Wickham Avenue
in Mattituck, New York. The proposed acquisition is for a development rights easement on a part
of the property consisting of approximately 12.4± acres (subject to survey) of the 15.4± acre
parcel.
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 $65,000 (sixty-five thousand dollars) per
buildable acre for the 12.4± acm easement plus acquisition costs.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural value.
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: Albert Krupski Jr., Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell