HomeMy WebLinkAboutFY2006
RESOLUTION 2006-420
ADOPTED
DOC ID: 1814
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-420 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 9, 2006:
RESOLVED that the Town Board of' the Town of Southold hereby authorizes submission of a
2006 proposal to the U.S. Department of Agriculture (USDA) Commodity Credit
Corporation Farm and Ranch Lands Protection Program~ whereby the Town of' Southold
proposes a cooperative effort to acquire the development rights to agricultural properties which
have been submitted by their owners to the Land Preservation committee of the Town of
Southold for sale of such rights to the Town of' Southold, in accordance with the terms of the
Farm and Ranch Lands Protection Program (FRPP).
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUSI
MOVER: Albert Krupski Jr., Councilman
SECONDER: William P. Edwards, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
TABLE OF CONTENTS
PROJECT ABSTRACT
ORGANIZATION & PROGRAMS (la- le)
LANDS TO BE ACQUIRED (2a -2d)
DETAILED PROJECT DESCRIPTIONS
(2d continued)
SHURFARM
ARRIETAFARM
PURCHASE AGREEMENT &
DEED SAMPLES (2-x)
MARKET/LEVEL OF THREAT (2-xi- 2-xv)
PARTNERS CONTRIBUTION (3)
MISCELLANEOUS INFORMATION (4)
PROJECT ABSTRACT
PROJECT ABSTRACT
Project title:
Project duration:
Project dirctor:
Project collaborators:
Proposed Parcels:
Project objectives:
Summary of performance:
Total project cost:
Total federal share:
Total partner contribution:
FY2006 Federal Farm and Ranch Lands Protection
Program Funding
Projects submitted are expected to close during
timeframe of July 2006 to December 2007
Melissa Spiro, Land Preservation Coordinator
Southold Town Hall - Annex
54375 Route 25 (Main Road)
P.O. Box 1179
Southold, NY 11971-0950
631-765-5711 (phone)
631-765-6640 (fax)
melissa.spiro~town.southold.ny, us
Town of Southold to partner with NRCS
1) Shur Farm- approximately 13-15 acres
2) Arrieta Farm approximately 10 acres
To work with NRCS to acquire development rights
easements on active farmland.
Purchase of development rights easements in
accordance with all NRCS requirements.
1) Shur Farm - $870,000
2) Arrieta Farm - $600,000
1) Shur Farm - $435,000
2) Arrieta Farm - $300,000
not applicable no partners
ORGANIZATION & PROGRAMS
CRITERIA FOR PROPOSAL EVALUATION
1. ORGANIZATION AND PROGRAMS
(a) Commitment to Agriculture:
Since its founding over 350 years ago, the Town of Southold (the Town) has been
a farming community. Throughout the years, the Town has seen many changes
including substantial population increase and, consequently, the encroachment of
development. Of the Town's approximately 34,000 acres, farmland still
comprises a substantial portion~ver 10,200 acres. According to 1997 data, the
Town contained 22% of Suffolk County's remaining agricultural acreage.
Agricultural production is of vital importance to the character of the Town and its
economy. Town residents have shown their commitment to agriculture by
approving bond issuances in 1983, 1987, 1991 and 1994 for $1.75 million a piece
in 1996, 1997, 1998 and 1999, for $2 million a piece, and again in 2003 for $4
million. In June of 1998, the Peconic Bay Region Community Preservation Act
was signed into law, which created a mechanism whereby Southold Town can use
a 2% real estate transfer tax to acquire properties critical to the preservation of
agricultural land and open space within the Town. The Town adopted a
Community Preservation Project Plan (Exhibit A) in accordance with the
legislation that lists parcels eligible for consideration under the terms of the
Community Preservation Fund. In August of 2002, the 2% real estate tax was
extended to the year 2020. Also in 1999, the Town commissioned a full farmland
inventory and in 2000, unanimously adopted a Farm and Farmland Protection
Strategy (Exhibit B). Over the past 20 years, since the Town's first purchase of
development rights, the Town has protected eighty (80) farmland parcels, totaling
1725 acres. Through its Code, the To~vn also helps to protect agriculture with a
60% cluster development provision and a "Right to Farm" clause.
(b) Acquisition, Management and Enforcement:
Acquisition: As discussed above, the Town is very active and has been very
successful in its farmland protection efforts. To date, the Town has protected
eighty (80) farmland parcels, totaling 1725 acres (see list, Exhibit C). Over the
last five years, the Town, on its own, or with partial State or Federal funding, has
protected over 700 acres at a cost of over $15,000,000. Additionally, Suffolk
County has helped to protect over 1,600 acres within the Town since its first
purchase in 1977 (see list, Exhibit D).
The Town of Southold's goal is to protect eighty percent (80%) of its
approximately 6,900 unprotected farmland acres. While this proposal requests
matching funds for only two (2) farms, the Town is under serious discussions with
over thirteen (13) additional landowners who own farmland totaling over 200
acres. In addition, outreach efforts are underway with many other farmland
owners.
The Town employs a full-time Land Preservation Coordinator, a Preservation
Assistant, a pm-time Stewardship Manager and has an active seven (7) member
volunteer Land Preservation Committee. The Town's pro-active efforts include:
direct outreach to farmland owners through the Coordinator, committee members
and staff members of Peconic Land Trust via a consulting contract, mailings and
educational literature (see--A Property Owner's Guide to Preserving Farmland
and Open Spac~Exhibit E).
Management and Enforcement: The Town's Land Preservation Department
compiles Baseline Documentation for each easement with the assistance of the
Town's GIS Specialist and consultants, as necessary. The Baseline
Documentation includes a survey, USGS map, aerial photograph, tax map,
photographs of property and copy of deed of the development rights and enables
the Town to manage and enforce easements. The Town has a strong support staff
to manage and enforce easements. The Town's Land Preservation Department,
through its Committee, consultants, and Buildings and Grounds Department
monitors each parcel at least annually. The Town's Code Enforcement Official,
with the assistance of the Town Attorney's Office, enforces any easement
violations.
(c) Stewardship:
As stated above, the Town's Land Preservation Coordinator has Baseline
Documentation for each easement. The Town has a dedicated Stewardship
Manager in addition to the Town's Land Preservation Coordinator and
Committee, consultants, and Buildings and Grounds Department. Each property
is monitored at least annually.
(d) Availability of Funds:
The Town has committed funds through its voter approved Community
Preservation Fund described above. As of December 31, 2005, the Town has over
$8,600,000 in its Community Preservation Fund to match the proposed USDA
grant. In addition to this revenue source, the Town has four (4) voter approved
un-issued bonds totaling another $10,000,000.
(e) Pending Offers:
See attached letters with pending offers and appraisals following each project
description.
2. LANDS TO BE ACQUIRED
(a) Map:
See attached map showing proposed farmland development rights acquisition
parcels.
(b) Amount and Source of Funds:
The Town has over $8,600,000 in funds from its Community Preservation Fund to
match the proposed USDA grant. In addition to this revenue source, the Town
has four (4) voter approved un-issued bonds totaling an additional $10,000,000.
(c) Criteria Used to Set Acquisition Priorities:
The two proposed projects meet objectives outlined in the New York State Open
Space Conservation Management Plan (Exhibit F), the Suffolk County
Agricultural and Farmland Protection Plan (Exhibit G), the Suffolk County Code,
Chapter 8, Agricultural Lands (Exhibit H), the Town's Community Preservation
Project Plan (Exhibit A), Southold Farm and Farmland Protection Strategy
(Exhibit B) and the Town's Code criteria, Chapter 6, Community Preservation
Fund and Chapter 25, Agricultural Lands Preservation (Exhibit I) for farmland
protection. Criteria used to numerically rank the two projects in include:
· Soil suitability for aghcultural use and history of agricultural production;
· Contiguity with other protected agricultural lands;
· Development potential and threat;
· Visibility/frontage on major thoroughfares; and
· Conservation commitment of landowner.
(d) Detailed Project Descriptions:
Map of Proposed Projects
Individual Project Information including:
· Project Outline
· Aerial Map
· Protected Parcels Proximity Map
· Pending Offer
· Appraisal
FARM TAX M~P APPROX. ESTIMATED FUNDING TOWN
NAME NUMBER EASEMENT YALUEOF REQUESTED MATCH
ACREAGE DEV. RIGHT FROM NRCS
EASEMENT
Shut Fam~ 1000-94-3-I.6 13 to 15 acres $754,000 to $435,000 S435,000
! $870,000
Arricta Fame-'- 1000-94-3-1 .~- 10 acres ~600,000 S300,000 $300,0(~0
-TOTALS:. 23 to 25 acres $1,354,000 to $735,000 $735,000
$1,470,000
(See attached information for each farm)
Town of Southold
Farmland
Location Map For
Subject Parcels
[] Subject Parcels
Protected Farmland
!ii Unprotected Farmland
~ Protected Non-Farmland
Unprotected Non-Farmland
Scale: 1 inch equals 9000 feet
Farmland Inventory Updated: 2004
Map Prepared by
Town of Southold
Geographic Information System
f~ay 8, 2006
Suffolk County Real Property Tax Sep~ice Agency
GtS Basemap COPYRIGHT 2006, County of Suffolk, N Y
Farm
94,-3-L6
Arrieta Farm
SHUR FARM
Suffolk County Tax Map #1000-94-3-1.6
(i) Priority, of Offer: i
(ii) Name of Landowner: Randy Scott Shur and Angela Shur
(iii) Address: 4050 Soundview Avenue, Mattituck
(iv) Size of Property: Easement area is on 13:~: to15 i acres of 16.7 acre parcel
(¥) Soils: Property containsl 5.3 acres Prime Soils and 1.4 acres Statewide Soils
(vi) Acres Cropland: Farm contains 15i acres Prime soils suitable for cropland.
(vii) Historical and Archaeological Significance: None known.
(viii)
Other Protected Parcels: Adjacent to l0 acres pending Town purchase of a development
rights easement. Across the street from, and within the vicinity of, approximately 314 acres of
protected farmland (see attached map).
(ix)
Estimated Cost: $754,000 to $870~000 (based on pending offer of $58,000 per acre for the
13-15 acre easement.)
The Shur property, including the existing house, is currently for sale. The Shurs were operating a
nursery on the property. Nursery stock remains on part of the l~arm. The lower half of the fhrm is
currently leased mad will be planted this season in pumpkins and squash. The farm contains an
irrigation well. The farm is located within the Town's main area of agriculture. The parcel is within
the Agricultural District and receives an Agricultural Exemption. A waiver to allow up to six pement
impervious structures will be requested.
The Town, together with the Peconic Land Trust, is negotiating with the Shurs, to facilitate the
preservation of the fhrmland prior to sale of the property. The current market in the Town of Southold
makes this property highly desirable for development. The Town has made a current offer to pumhase
a development rights easement on the property. There are curt'curly two scenm'ios being discussed and
reviewed by the landowners, both of which will result in preservation of the Shur farm.
Scenario #1 involves the landowner to the south (Arrieta) either purchasing the entire Shur property'
(including existing house) or moving his northerly property line further to the north to encompass the
Shur farmland (exclading the house lot) in order to extend his farm operation. In conjunction with his
purchase, the Shin's will sell the development rights easement to the Town, and Arrieta will sell the
development rights on his f~lrm to the Town (The Arrieta project is described in APF Project #2.)
Scenario #2 will occur if Arrieta does not purchase the Shur Farm. in this case, the Peconic Land Trust
will purchase fee title to the farm area (excluding a lot around the existing house). The Peconic Land
Trust will then sell the development rights easement to the Town and will put the restricted farmland
on the open market tbr sale as preserved farmland. There may be a Bargain Sale component involved
in the Shur to Peconic Land Trust lke title pumhase.
Map Prepared by Town of Southold GIS
May 8, 2006
Aerial Photographs Taken From Spring 2004 Flight
Scale: I inch equals 850 feet
Suffolk County Real Property Tax Service Agency
GIS Basemap COPYRIGHT 2006, County of Suffolk, N.Y.
Protected Parcels Proximity Map
[] Subject Parcels
~ Protected Farmland
~ Pending Preservation
In Discussions for Preservation
l~'l Unprotected Farmland
~ Protected Non-Farmland
,-1 Unprotected Nomfarmland
Shut Farm
94.-3-1.6
Scale: 1 inch equals 1100 feet
Suffolk County Real Property Tax
Service Agency GIS Basemap
COPYRIGHT 2006, County of Suffolk. NY,
Arrieta Farm
94.-3-1.3
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa spiro @ town.southold.ny.us
Telephone (631) 765-571 I
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
May 4, 2006
Randy Scott Shur and Angela Shur
4050 Soundview Avenue
Mattituck, New York 11952
Re:
Shur Property
SCTM #1000-94-3-1.6
Location: 4050 Soundview Avenue, Mattituck
Dear Mr. and Mrs. Shur:
On behalf of the Land Preservation Committee, I am pleased to outline the
Committee's offer for the purchase of a development rights easement on your property.
The Committee thanks you for your interest and participation in the Town's preservation
program.
Details of the offer are as follows:
The total area of your property is 16.7 acres. The property is located within
the Agricultural-Conservation (A-C) zoning district. There is an existing
residential dwelling at the northerly end of the property.
You will be excluding the residential dwelling from the development rights
easement together with an area of approximately 2 to 3.5 acres around the
house.
You have offered a development rights easement on all but the 2 to 3.5 acre
area with the existing residential dwelling. The easement area will be
approximately 13.2 to 14.7 acres in area.
The Committee's offer for the 13.2 to 14.7 acre development rights easement
described above is $58,000.00 (fifty-eight thousand dollars) per buildable
acre.
· The Land Preservation Committee's offer is valid for thirty (30) days from the
date of this letter and is subject to approval by the Town Board.
The return of this letter, signed by all owners of the property, will allow me to
work with the Committee's attorney to prepare the contract and to start the acquisition
process.
Upon receipt of the contracts signed by the all owners of the property, I will
schedule a Town Board public hearing for the purpose of electing to purchase the
development rights on the subject property. All land acquisitions are subject to the
approval of the Town Board by resolution adoption at which time the Supervisor will
execute the contracts.
For your information, a title search and environmental site assessment will be
ordered and paid for by the Town of Southold. The Town will also pay for the survey
costs associated with the actual acquisition area.
Please feel free to call me with any questions that you may have.
Sincerely, , ~
Melissa Spiro
Land Preservation Coordinator
MS/md
I (we) accept the above offer to purchase the Development Rights on my (our) property.
Date:
Owner(s):
COMPLETE APPRAISAL - SELF CONTAINED REPORT
OF REAL PROPERTY OF
RANDY SHUR AND ANGELA SHUR
LOCATED
SOUTHERLY SIDE OF SOUND VIEW AVENUE
MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
SUFFOLK COUNTY TAX MAP #
DISTRICT 1000, SECTION 94, BLOCK 3, LOT 1.6 (P/O)
PREPARED FOR
TOWN OF SOUTHOLD
LAND PRESERVATION COMMITTEE
54375 SR 25
SOUTHOLD, NY 11971
VALUATION DATE: SEPTEMBER 23, 2005
DATE OF REPORT: OCTOBER 3, 2(
FILE #2005310
PREPARED BY
O5
OCT 4 2005
DEPT OF LAND
PRESERVATION
PATRICK A. GIVEN, SRPA
N.Y.S. CERTIFIED GENERAL REAL ESTATE APPRAISER #46-704
MICHAEL P. GIVEN
N.Y.S. CERTIFIED GENERAL REAL ESTATE APPRAISER #46-44071
--- GIVEN
ASSOCIATES
ARRIETA FARM
Suffolk County Tax Map #1000-94-3-1.3
~~RANKED AS PROJECT #4 ON FPP FY2003 AWARD
REQUEST TO INCLUDE ON FRPP FY2006 PROPOSAL
(i) Priority of Offer: 2
(ii) Name of Landowner: Allan Arrieta
(iii) Address: 3305 Oregon Road, Mattituck
(iv) Size of Property: Easement area is on 10± acres of 12.5± acre parcel
(v) Soils: All Prime soils
(vi) Acres Cropland: Farm contains 10± acres Prime soils suitable for cropland.
(vii) Historical and Archaeological Significance: None known.
(viii) Other Protected Parcels: Ad. iacent to 13-15 acres pending Town purchase of a
development rights easement. Across the street from, and within the vicinity of,
approximately 314 acres of protected farmland (see attached map).
(ix) Estimated Cost: $600,000 (based on pending offer of $60,000 per acre)
The Arrieta Farm is currently planted in pasture mix appropriate for grazing horse stock.
Mr. Arrieta leases the farm to the east, which he has planted in the same pasture mix for
rotational pm'poses. Mr. Arrieta owns and operates Arrieta Friesians. He raises and
breeds Friesian horses. He cm'rently runs his operation fi'om leased land in Riverhead
Township. He will be moving his operation from the Riverhead farm to the subject farm.
The subject farm is located within the Town's main area of agriculture. The parcel is in
the Agricultural District and Mr. Arrieta recently completed a conservation plan. A
waiver to allow up to six percent impervious structures will be requested.
Mr. Arrieta will be excluding a Reserved Area from the development rights easement.
The Reserved Area will include approximately I acre around the existing house on
Oregon Road, and will be connected to an area of approximately 1.5 acres located behind
an adjacent existing parcel. The total area excluded from the development rights
easement will be 2.5± acres. Mr. Arrieta intends to construct an indoor riding arena on
the northerly part of the Reserved Area.
As discussed in AFP Prqiect #1, Mr. Arrieta is negotiating with the property owners to
the north (Shut' Farm) to purchase the farmland once it is preserved in order to expand the
size of his acreage and f'arm operation.
Map Prepared by Town of Southold GIS
May 8i 2006
Aerial Photographs Taken From Spring 2004 Flight
Scale: 1 inch equa!s 850 feet
Suffolk County Real Property Tax Service Agency
G[S Basemap COPYRIGHT 2006, County of Suffolk, N.Y.
Protected Parcets Proximity Map
[] Subject Parcels
I~:~ Protected Farmland
~ Pending Preservation
In Discussions for Preservation
~'::!;] Unprotected Farmland
I~ Protected Non-Farmland
i-~ Unprotected Non-farmland
Scale: 1 inch equals 1100 feet
Suffolk County Real Property Tax
Service Agency GIS Basemap
COPYRIGHT 2006, County of Suffolk, N,Y,
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro C*0town.southold.ny.us
I'elephone (631 ) 765 5711
Facsimile (631) 765 6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
May 4, 2006
Allan Arrieta
3305 Oregon Road
Mattituck, NY 11952
Re:
Arrieta Property
SCTM #1000-94-3-1.3
Location: 3305 Oregon Road, Mattituck
Dear Mr. Arrieta:
On behalf of the Land Preservation Committee, I am pleased to outline the
Committee's offer for the purchase of a development rights easement on your property.
The Committee thanks you for your interest and participation in the Town's preservation
program.
Details of the offer are as follows:
The total area of your properly is 12.5 acres. The property is located within
the Agricultural-Conservation (A-C) zoning district. There is an existing
residential dwelling at the southerly end of the property.
You will be excluding a Reserved Area from the development rights
easement. The Reserved Area will include approximately 1+ acre around the
existing house, connected to an area of approximately 1.5+ acres located
behind an adjacent parcel known as SCTM #1000-100-2-7 that fronts on
Oregon Road to the west of the house on your property. The total area
reserved from the development rights easement will be 2.5+ acres. It is
understood that you propose to construct an indoor riding arena on the
northerly part of the Reserved Area.
You have offered a development rights easement on all but the 2.5 + acre
area described above. The easement area will be approximately 10 acres in
area.
· The Committee's offer for the 10 acre development rights easement
described above is $60,000.00 (sixty thousand dollars) per buildable acre.
· The Land Preservation Committee's offer is valid for thirty (30) days from the
date of this letter and is subject to approval by the Town Board.
The return of this letter, signed by all owners of the properly, will allow me to
work with the Committee's attorney to prepare the contract and to start the acquisition
process.
Upon receipt of the contracts signed by the all owners of the property, I will
schedule a Town Board public hearing for the purpose of electing to purchase the
development rights on the subject property. All land acquisitions are subject to the
approval of the Town Board by resolution adoption at which time the Supervisor will
execute the contracts.
For your information, a title search and environmental site assessment will be
ordered and paid for by the Town of Southold. The Town will also pay for the survey
costs associated with the actual acquisition area.
Please feel free to call me with any questions that you may have.
Sincerely,~ ~,
Melissa Spiro
Land Preservation Coordinator
MS/md
I (we) accept the above offer to purchase the Development Rights on my (our) property.
Date:
Owner(s):
COMPLETE APPRAISAL. SELF CONTAINED REPORT
OF REAL PROPERTY OF
ALLAN ARRIETA
LOCATED
NORTHERLY SIDE OF OREGON ROAD
CUTCHOGUE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
PREPARED FOR
TOWN OF SOUTHOLD
LAND PRESERVATION COMMITTEE
53095 MAIN ROAD
SOUTHOLD, NY 11971
SUFFOLK COUNTY TAX MAP
DISTRICT 1000, SECTION 94, BLOCK 3, LOT 1.3
VALUATION DATE: NOVEMBER 28, 2005
DATE OF REPORT: DECEMBER
FILE #2005355
PREPARED BY
DEC 1 2 ?0,%
[3[PT. OF LAND
PR£S£RVATION
PATRICK A. GIVEN, SRPA
N.Y.S. CERTIFIED GENERAL REAL ESTATE APPRAISER ~46-704
MICHAEL P. GIVEN
N.Y.S. CERTIFIED GENERAL REAL ESTATE APPRAISER #46~r4071
--- .GIVEN
ASSOCIATES