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HomeMy WebLinkAboutPindar 108.-4-1.1SOUTHOLD TOWN BOARD PUBLIC HEARING August 30, 2011 7:36 PM Present: Supervisor Scott Russell Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Attorney Martin Finnegan Deputy Town Clerk Linda Cooper Absent: Justice Louisa Evans This hearing was opened at 8:00 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, August 30~ 2011~ at 7:36 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 Pindar Vineyards~ LLC. Said property is identified as part of SCTM #1000-108.-4-1.1. The address is 18625 Main Road (NYS Route 25) in Mattituck, New York. The parcel is located on the northerly side of Main Road (NYS Route 25), approximately 1160 feet west of the intersection of Elijah's Lane and NYS Route 25 and lies within two zoning districts, with 0.88± acre in the R-40 zoning district and the remaining acreage in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property, located entirely within the A-C zoning district, consisting of approximately 20~ acres (subject to survey) of the 24.18± total parcel acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $61,000 (sixty-one thousand dollars) per buildable acre for the 20± 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 and aquifer recharge values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Pindar Development Rights Easement Public Hearing August 30, 2011 I have a notice from the LWRP coordinator, purchase of the development rights, the proposed acquisitions of development rights easement on part of the property. The action has been reviewed to chapter 268, waterfront consistency review of the Southold Town code and the LWRP 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. I have a notice it was posted in the Suffolk Times on August 25th and that it was posted on the Town Clerks bulletin board on August 22, 2011 and the short environmental assessment form from the Land Preservation coordinator, saying that it is no action and that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular public heating for the purchase of development tights? COUNCILMAN KRUPSKI: I would just like to say there is a, the map is right down here. It shows the location of the parcel, this is an important block. The Land Preservation Committee was happy to recommend this to the Town Board because there are parcels from the west starting at Councilman Ruland's farm and then there is a farm in contract with the Land Preservation Committee and then there are two other farms that have development rights sold already and this will be the last farm that completes a rather nice, large block of farmland between the Main Road and the railroad tracks. So it will, you know, forever preserve that fanning potential in that area. And because of that, Land Preservation Committee recommended that the town purchase the development rights. SUPERVISOR RUSSELL: I would echo Councilman Krupski's comments and say this key piece actually creates an entire farmland block that stretches from Mill Lane in Mattituck all the way east to Elijah's Lane estates in Mattituck. Any comments? UNIDENTIFIED: Inaudible. COUNCILMAN KRUPSKI: Thank you. We appreciate the landowner making it available, so that completes it forever. You take all of the current names out of it and going forward, it is always going to be available for agriculture and as one of the whereas' said, for recharge for the aquifer which is very important also. SUPERVISOR RUSSELL: Well, thanks to Dr. Damianos and his family for agreeing to sell the development rights to the town. This heating was closed at 8:05 PM Linda J. Cooper Deputy Town Clerk Southold Town Board - Letter Board Meeting of August 30, 2011 RESOLUTION 2011-626 ADOPTED Item # 5.22 DOC ID: 7062 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-626 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 30, 2011: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of land owned by Pindar Vineyards, LLC on the 30th day of August, 2011, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-108.-4-1.1, The address is 18625 Main Road (NYS Route 25) in Mattituck, New York. The parcel is located on the northerly side of Main Road (NYS Route 25) approximately 1160 feet west of the intersection of Elijah's Lane and NYS Route 25 and lies within two zoning districts, with 0.88± acre in the R-40 zoning district and the remaining acreage in the A-C zoning district; and WHEREAS, the development rights easement comprises a part of the property, located entirely within the A-C zoning district, consisting of approximately 204- acres (subject to survey) of the 24.184- acre total parcel acreage. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $61,000 (sixty-one thousand dollars) per buildable acre for the 204- acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and Generated August 31,2011 Page 31 Southold Town Board - Letter Board Meeting of August 30, 2011 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Pindar Vineyards, LLC, identified as part of SCTM #1000-108.-4-1.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANzMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski .~r., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Russell Generated August 31, 2011 Page 32 617.20 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) I1. APPLICANT/SPONSC~ . I Municipality /~'~ ["~1~.~-~ ) ~ O~'~'~ 1C~ County 4. PRECISE LOCATION (Street address and mad interse~ions, prominent landmass, etc. or provide map) 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: .qo oC +-'' , cre 7. AMOUNT OF LAND AFFECTED: Initially 2g~' "~ acres Ultimately ~.~ ~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes [] No If No, describe briefly 9. WH_ATr~ PRESENT LAND USE IN VICINITY OF PROJECT? '~Residential [] Industrial J-~Commercial I~[Agriculture [] Par~JForest/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 permilJapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERM T 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? E~TM E~No I CERTIFY THAT THE I~JFORMATION PROVIDED ABOVE I,.SoTRUE TO THE,BEST OF MY KNOWLEDGE ~ t Apphcant/sponsor name "~ Date 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 617.47 If yes, coordinate the review process and use the FULL EAF. 1-1 []No B. WILL ACTION RECEIVE 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. E3 .s []Ne 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, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetic, agdcultural, archaeological, historic, or other natural or cultural resoum.s; or community or neighhorhond character? Explain briefly: C3 Vegeta on or fauna, fish, she fish or w dfe species, significant habitats, or threatened 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: C§. Growth, subsequent development, or related a~tivities likely to b~ induced by tho proposed action? ~plsin briefly: C6. Long term, short term, cumulative, or other effects not identified in C142:§? [xplain C7. Other Impacts (including changes in u~ of elther quantity or type of 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 ~ ~ 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 bdefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adveme 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 ail 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 charactedstice of the CE~ ] checkthisb~xify~uhaveiden~~ed~ne~rm~rep~tentia~~y~arge~rsigni~cantadverseimpactswhichMAY~ccur~ ThenproceeddirectlytotheFUL EAF and/or prepare a positive declaration. ~] Check this boxifyou have determined, based on the information and analysis above 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 determinatior Name of Lead Agency Sig~ of Responsibl~ Officer in Lead Agency Date Title of Responsible Officer Sin"nature 6f Preparer (If difi[,~It from responsible officer) OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 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 To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: August 17, 2011 Re: Purchase of a development rights easement owned by Pindar Vineyards, LLC. Location: 18625 Main Road (NYS Route 25)in Mattituck, New York Part of SCTM #1000-108.-4-1.1 The proposed acquisition is for a development rights easement on a part of the property, located entirely within the A-C zoning district, consisting of approximately 20+ acres (subject to survey) of the 24.18+ total parcel. 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 #10375 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 25th day of August, 2011. Sworn to before me this LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN RE- SOLVED that pursuant to the provi- sions of Chapter 17 (Community Pres ervation Fund) and Chapter 7(I (Agri- caltura~ Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday. Au_~msl 3~. 2011. at 7:~6 o.m. Somhold Town Hall. 53095 Main Road. Souihold. New York as the time and nlace for a ~ublic hearin~ for the purchase of a develooment rights Vinevard~ LLC. Said property is identi fled as part of SCTM #100~108.-4-1.1. The address is 18625 Main Road (NYS Route 25) in Mattituck, New York. The parcel is located on the northerly side of Main Road (NYS Route 25), approxi- mately 1160 feet west of the intersec- tion of Elijah's Lane and NYS Route 25 and lies within two zoning districts, with 0.88± acre ~n the R-40 zoning district and the remaining acreage in the A-C zoning district. The proposed acquisition is for a of the property, located entirely within the A-C zoning district, consisting of approximately 20± acres (subject to sur- vey) oK the 24.18-+ total parcel acreage. Thc exact area of the acquisition is ceptable to the Land Preservation Com- ment will be acquired using Community is $61,0(g) (sixty-one thousand dollars) The property is listed on the Town's property that should be preserved due to its agricultural and aquifer recharge val- FURTHER NOTICE is hereby given that a more detailed description ment, Southoid Town Hall Annex, 54375 Route 25, Southold, New York, and may during business hours. Dated: August 16, 2011 BY ORDER OF THE TOWN BOARD OF TIdE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 10,375-1T 8/25 day of Principal Clerk CHP~TT!NA ¥OLINSKI NOTAry PUg iC STATE OF NEW LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN SOLVED that pursuant to the provi- sions of Chapter 17 (Community Pres- crvation Fund) and Chapter 70 (Agri- cuItural Lands) of thc Town Code, the Town Board of the Town of Southold hereby ~Tuesdav, August 30. 2011, at 7:36 n.m., Southold Town HaH. 53095 Main Road, Southold. New York as the time and niece for a nubile hearing for the Durcha.~e of a develoument fights e~lsemt~lll Oll DFODeI~V owned bv pint]al* Vinevards. LI,C. Said property is identi fled as part of S(TI'M #1000-108.-4-1.1. The address is 18625 Main Road (NYS Route 25) in Mattituck, New York. The parcel is located on the northerly side of Main Road (NYS Route 25), approxi- mately 1160 feet west of the intersec- tion of Elijah's Lane and NYS Route 25 and lies within two zoning districts, with 0.88+ acre in the R40 zoning district and the remaining acreage in the A-C zoning district. The proposed acquisition is for a development fights easement on a part of the property, located entirely within the A-C zoning district, consisting of approximately 20± acres (subject to sur- vey) of the 24.18+ total parcel acreage. The exact area of the acquisition is subject to a Town-provided survey ac- ceptable to the Land Preservation Com- mittee and the property owner. The ease- ment will be acquired using Community Preservation Fundg The purchase price is $61,000 (sixty-one thousand dollars) per buildable acre for the 20± acre ease- ment plus acquisition cost~ The property is listed on the Town's Community Preservation Project Plan as property ihat shoaid be preserved due to ~ts agricultural and aquifer recharge val FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Depart menL Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: August 16, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 10,375-1T 8/25 LEGAL NOTICE North Fork Self Storage, LLC wil~ sell at public auction~ under New York State Lien law, on September 2nd. 2011, at 1(} AM at 51) Commerce Dr., Cutchogue, NY 11935 the property described as furniture and household items belong- ing to: James Lightle - Unit 223 Joseph Rizzo Unit 354 Daniel Kart- Unit S24 Cathleen Carlsen - Units 17 and 35 Betty Constantine Unit 37 Owner reserves the right to cancel auction at any time. 10,376-1T 8/25 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN 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, August 30~ 2011~ at 7:36 p.m, Southoid 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 Pindar Vineyards~ LLC. Said property is identified as part of SCTM #1000-108.-4-1.1. The address is 18625 Main Road (NYS Route 25) in Mattituck, New York. The parcel is located on the northerly side of Main Road (NYS Route 25), approximately 1160 feet west of the intersection of Elijah's Lane and NYS Route 25 and lies within two zoning districts, with 0.88± acre in the R-40 zoning district and the remaining acreage in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property, located entirely within the A-C zoning district, consisting of approximately 20± acres (subject to survey) of the 24.18~ total parcel acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $61,000 (sixty-one thousand dollars) per buildable acre for the 20± 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 and aquifer recharge values. FURT}tER 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: August 16, 2011 BY ORDER OF THE TOWN BOAR[) OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISIt ON August 25, 2011 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOI,D, NY 11971. Copies to the following: The Suffolk Times Land Preservation Town Board Members Comptroller '['own 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 oQ~n~Clday of ((~J-.L~ ,2011, she affixed a d notice of which thc 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. Public Hearing - Pindar ~c,/izabeth ~.~Jdville - Southold Town Clerk Sworn before q~this oq ~ day of (-Y,.-O..co-,4~ , 2011. - lklot/ary Public LYNDA M. ~ NOTARY PUBLIC, State of New York No. 01 ~8020932 Qualified in Suffolk Counb/ Term Expires March 8, 20 ..'b~'' Southold Town Board - Letter Board Meeting of August 16, 20 l I RESOLUTION 2011-603 ADOPTED Item # 5.18 DOC ID: 7061 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-603 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 16, 2011: RESOLVED 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 Tuesda¥~ August 30~ 2011~ at 7:36 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 Pindar Vineyards~ LLC. Said property is identified as part of SCTM # 1000-108.-4-1.1. The address is 18625 Main Road (NYS Route 25) in Mattituck, New York. The parcel is located on the northerly side of Main Road (NYS Route 25), approximately 1160 feet west of the intersection of Elijah's Lane and NYS Route 25 and lies within two zoning districts, with 0.88=t= acre in the R-40 zoning district and the remaining acreage in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property, located entirely within the A-C zoning district, consisting of approximately 20± acres (subject to survey) of the 24.18± total parcel acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $61,000 (sixty-one thousand dollars) per buildable acre for the 20± 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 and aquifer recharge values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Sonthold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated August 19, 2011 Page 27