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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