HomeMy WebLinkAboutPekunkaSOUTHOLDTOWNBOARD
PUBLIC HEAR~G
May 22, 2012
4:34 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Christopher Talbot
Councilwoman Jill Doherty
Town Clerk Elizabeth Neville
Town Attorney Mmtin Finnegan
This hearing was opened at 6:35 PM
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the
provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community
Preservation Fund) of the Town Code, the Town Board of the Town of S outhold hereby
sets Tuesda¥~ May 22~ 2012~ at 4:34 p.m., Southold Town Hall, 53095 Main Road,
Southold, New York as the time and place for a public heating for the purchase of
property from Barbara J. Marczewski, Sandra M. Rinehart, and Michael M. Pekunka.
Said property is located on the north side of Pipes Neck Road approximately 385 feet
easterly from the intersection of NYS Route 25 and Pipes Neck Road to the LIRR track
and further identified as part of SCTM #1000-53-1-6. The area to be purchased is
approximately 10.38± acres of the total property area, which excludes from the purchase
an area of approximately 40,000 square feet (0.92 acre) that includes the existing
residential dwelling and accessory structures. The address of the property is 475 Pipes
Neck Road in Greenport, New York. The property is located within the LI (Light
Industrial) zoning district.
The proposed acquisition is for the Town of Southold to acquire fee title to approximately
10.38± acres of property. The exact area of the purchase is subject to a Town provided
survey. The total purchase price is $550,000 (five hundred fifty thousand dollars) and is
not based on a per acre value. The purchase will be funded by the Town's Commtmity
Preservation Fund.
This acquisition project is eligible for an awarded grant from the New York State Office
of Parks, Recreation and Historic Preservation to be used towards 50% of the purchase
price plus acquisition costs.
The property is listed on the Town's Community Preservation Project Plan as property
Pekunka Property Public Hearing
May 22, 2012
2
that should be preserved for purposes of open space, fresh and salt water marshes and
wetland protection, and furtherance of a greenbelt. The purpose of this acquisition is for
open space protection, passive recreational purposes, wetland and biological diversity
protection and to expand the existing preservation and protection efforts of the Town and
County within the Pipes Cove Area. Proposed uses of the property may include the
establishment of a nature preserve, and a passive recreational area with trails, all subject
to a Stewardship Management Plan that will be developed for this property.
The Land Preservation Coordinator has review the acquisition in accordance with
Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold,
Section 117-5. Sanitary Flow Credits may be available for transfer fi'om the property
upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits will
not be finalized, and shall not occur, until the Town closes on the property, and the Town
Board passes a resolution allowing the transfer of such credits into the Town TDR Bank.
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.
I have a notice that it was posted in the Suffolk Times newspaper on May 17, 2012. it
was posted on the Town Clerk's bulletin board on May 10, 2012 and that is it.
SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this
particular public heating? Melissa?
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro. I think
Councilman Talbot said it all, so I really don't want to add that much more other than just
to point out that the Town, the County and the Nature Conservancy have worked actually
for many years to preserve properties in what we are calling the Pipes Cove area.
Through all those agencies we have preserved over 300 acres in the immediate area and
in the extended area, hundreds more. The Pekunka property is really a very significant
property in that it links together some of our already existing preserved properties and we
are really happy to have had the opportunity to work with the landowners to preserve this.
There was a grant prepared by Laura Klarhe of the Land Preservation Department and the
town was lucky to have her prepare a good grant and we received that and that will fund
50 percent of the purchase of this property. The town intends to develop a management
plan in the whole Pipes Cove area in the coming years and if any improvements are
made, we will be able to tap into the Community Preservation Fund to help us make
those trails or design those trails. The Land Preservation Committee is in favor of this
purchase and they support the Town Board proceeding with it. Thanks.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on this
particular local law?
Pekunka Property Public Hearing 3
May 22, 2012
COUNCILMAN KRUPSKI: I would just like to thank Melissa for her work on this and
for Laura Klarhe for getting us the grant for 50 percent of the purchase.
This hearing was closed at 6:40 PM
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' APPLICANT/SPONSOR J 2. PROJECT NAME
3. PROJECT LOCATION:
Municipality '~'~ ~4Ol,-'b, '-~O I,d 1~ County
4. PRECISE LOCATION (Street address and road inter~ections, prominent andmarks, etc. or provide map}
c-~-"~-m~ ~ooo-5'~,-~-f,, ~o~ '
5. PROPOSED ACTION IS:
~ New [] Expansion [] Medification/alteration
6. DESCRIBE PROJECT BRIEFLY:
7. AMOU~ OF ~N~FECTED:
Initially /O, ~= a~s Uffimately I ~,~ a~s
8. ~LL PRO~ED ACTI~ COMPLY ~ ~ISTING ZONING OR OTHER ~ISTING ~D USE RES~ICTIONS? ~ Y~ ~ No If Ne, des~be bdefly
~. ~ ,s ..~s~ ~.~ us~ .. v,c,.~ o~ ..o~c~
~s~:
10. ~ES ACT~N ~NV~LvE A PERM~T ~PR~VA~ ~ FUND[NG~ N~W ~R ULT~ TELY FR~M ANY ~ER G~RNME~AL AGENcY
(~OE~L. S~*TE O.
~ Yes ~ No If Y~, list agent(s) name and pe~appro~ls:
11. ~ES ANY ASPECT OF THE ACTION ~ A CURRE~LY VAUD PERMIT OR APPROVAL?
~ Yes ~ No If Yes, Gist agent(s) na~ and pe~iVapprovals:
12. AS A RESULT OF PROPOSED ACTION ~LL ~ISTING PERMIT/APPROVAL REQUIRE MOD FICATION?
I CERTIFY T,.~.~.~.~.~.~.~.~ THE INFOR~IATION PROVIDED. ABOVE IS TRUE TO THE BEST OF MY KNOWI_EDGE / ,.
Applicant/sponsorname: _ /I~CO~ ~ ~.l/~l¢[ Date: .~'"/~1~//,~
Signature- ~'~¢~ ~"~'- ' ! ~ '. ~ ~. [ ~
I If the action is in the Coastal Area, and
you
are
a
s~te
I
Coastal
ageRcy,
comp
~te
the
Assessment
Fo~ before proceed ng with this assessment I
O~R
1
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE THRESHOLD N 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
[~Yes [~No
WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS N 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
E~] Yes [~No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be haedwdttan, if legible)
C1. Existing air quality, surface or groundwater quality or quanti~y, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeoidgical, historic, or other natural or cultural resources; or community or neighbmhood character? Explain bdefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered spedes? Explain bdefly:
(;4. ^ community's existing plans or goals as Officially adopted, or a change in use or intensity of use of land or o{her natural resources? Explain briefly:
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
C6. Long term, short term, cumulative, or other effects not idenfilied in Cl -C57 Explain bdefiy:
C7. O{her impacts (including changes in use of either quantity or type of energy)? Explain briefly:
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 briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENV RONMENTAL IMPACTS?
[] Yes [~ No If Yes, explain briefly:
PART III - 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 (t) magnitude. If necessap~, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to sho{v 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.
] chec~thisb~xify~uhaveidenti~ed~ne~rm~rep~tentia~fy~arge~rsigni~cantadverseimpactswhichMAY~ccur ThenproceeddirectfytotheFUU.
EAF and/or prepare a positive dedarat on.
~ Check this box if you have determined, based on the thformaflon and analysis above and any supporting documentafion, that the proposed action WILl
NOT result in any significant adverse environmental Impacts AND provide, on attachments as necessary, the reasons supporting this determination
Name of Lead Agency
tint ~d Agency
'"~ature of Responsible Officer in Lead Agency
Sign~ture'~f Preparer (If d~erent from responsible officer)
Southold Town Board - Letter Board Meeting of May 22, 2012
RESOLUTION 2012-454 Item # 5.33
ADOPTED DOC ID: 7855
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-454 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 22, 2012:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of open space fee title on a certain property owned by Barbara J. Maczewski,
Sandra M. Rinehart, and Michael M. Pekunka on the 22nd day of May, 2012, at which time all
interested parties were given the opportunity to be heard; and
WHEREAS, said property is located on the north side of Pipes Neck Road approximately 385
feet easterly from the intersection of NYS Route 25 and Pipes Neck Road to the LIRR track and
further identified as part of SCTM #1000-53-1-6. The address is 475 Pipes Neck Road in
Greenport, New York. The property is located in the LI (Light Industrial) zoning district; and
WHEREAS, the purchase comprises a part of the property consisting of approximately 10.38±
acres of the total property area, which excludes from the purchase an area of approximately
40,000 square feet (0.92 acre) that includes the existing residential dwelling and accessory
structures. The exact area of the open space fee title purchase is subject to a Town-provided
survey acceptable to the Land Preservation Committee and the property owners; and
WHEREAS, the total purchase price is $550,000 (five hundred fifty thousand dollars) and is not
based on a per acre value. The purchase will be funded by the Town's Community Preservation
Fund; and
WHEREAS, this acquisition project is eligible for an awarded grant from the New York State
Office of Parks, Recreation and Historic Preservation to be used towards 50% of the purchase
price plus acquisition costs; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved for purposes of open space, fresh and salt water marshes and
wetland protection, and furtherance of a greenbelt. The purpose of this acquisition is for open
space protection, passive recreational purposes, wetland and biological diversity protection and
to expand the existing preservation and protection efforts of the Town and County within the
Pipes Cove Area. Proposed uses of the property may include the establishment of a nature
preserve, and a passive recreational area with trails, all subject to a Stewardship Management
Plan that will be developed for this property; and
WHEREAS, the Land Preservation Coordinator has reviewed the acquisition in accordance with
Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section
117-5. Sanitary Flow Credits may be available for transfer from the property upon the Town's
purchase of the property. The transfer of the Sanitary Flow Credits will not be finalized, and
Generated May 23, 2012 Page 36
Southold Town Board - Letter Board Meeting of May 22, 2012
shall not occur, until the Town closes on the property, and the Town Board passes a resolution
allowing the transfer of such credits into the Town TDR Bank; 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 185 (Open Space
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 recommends 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 an open space fee title purchase; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase fee title on this open space 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 fee title to
this open space land from Barbara J. Marczewski, Sandra M. Rinehart, and Michael M. Pektmka
identified as part of SCTM #1000-53.-1-6. The proposed action has been reviewed pursuant to
Chapter 268 (Waterfront Consistency Review) of the Town Code and the Town Board
determines that this action is consistent with the LWRP.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Albert Kmpski Jr., Councilman
AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell
Generated May 23, 2012 Page 37
LEGAL NOTICE
NOTICE of PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open
Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code,
the Town Board of the Town of Southold hereby sets Tuesda¥~ May 22~ 2012~ at 4:34
p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place
for a public hearing for the purchase of property from Barbara J. Marczewski, Sandra M.
Rinehart, and Michael M. Pekunka. Said property is located on the north side of Pipes
Neck Road approximately 385 feet easterly from the intersection of NYS Route 25 and
Pipes Neck Road to the LIRR track and further identified as part of SCTM # 1000-53-1-6.
The area to be purchased is approximately 10.38± acres of the total property area, which
excludes from the purchase an area of approximately 40,000 square feet (0.92 acre) that
includes the existing residential dwelling and accessory structures. The address of the
property is 475 Pipes Neck Road in Greenport, New York. The property is located within
the LI (Light Industrial) zoning district.
The proposed acquisition is for the Town of Southold to acquire fee title to approximately
10.38± acres of property. The exact area of the purchase is subject to a Town provided
survey. The total purchase price is $550,000 (five hundred fifty thousand dollars) and is
not based on a per acre value. The purchase will be funded by the Town's Community
Preservation Fund.
This acquisition project is eligible for an awarded grant from the New York State Office
of Parks, Recreation and Historic Preservation to be used towards 50% of the purchase
price plus acquisition costs.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved for purposes of open space, fresh and salt water marshes and
wetland protection, and furtherance of a greenbelt. The purpose of this acquisition is for
open space protection, passive recreational purposes, wetland and biological diversity
protection and to expand the existing preservation and protection efforts of the Town and
County within the Pipes Cove Area. Proposed uses of the property may include the
establishment of a nature preserve, and a passive recreational area with trails, all subject
to a Stewardship Management Plan that will be developed for this property.
The Land Preservation Coordinator has review the acquisition in accordance with
Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold,
Section 117-5. Sanitary Flow Credits may be available for transfer from the property
upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits will
not be finalized, and shall not occur, until the Town closes on the property, and the Town
Board passes a resolution allowing the transfer of such credits into the Town TDR Bank.
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Sonthold Town Hall
Almex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
Dated: May 8, 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON May 17, 2012 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
#10688
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine 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), successfully commencing on the
17th day of May, 2012. ~fJ-'"'~ ~'1
/ ~ ' ' ' Clerk
Sworn to before me this
LEGAL NOTICE
NOTICE of PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
p~rsuant to the proviaionspfChapter 185
~Opell Sp~e Preservatioa) and Chapter
17 (commurdty Prese~Vati°n Fund) of
ToWn of S~u~old hereby sets Tae~lav.
Towa Hall, $30g5 Main Road, $outhold,
Said property is located on the north
side of Pipes Neck Road approximately
385 feet easterly from the intersection of
NYS Route 25 and Pipes Neck Road to
This ac~uisiQon project is eligible for
a~ anrnm~ g~ trom the Nc~ ~
70:~8-1T 5717
NOTARY PUBLIC-STATE OF NEW YORK
No. 01VO6105050
Qualified In Suffolk Cooofy
My Commll~lon Expires Fel~uaty 28, 2016
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 /O ~day of rOh-~t' ,2012, she affixed a notice of
which the annexed printed notice is a tree 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.
Re: Pekunka Open Space
d Elizabeth A. Neville
Southold Town Clerk
Sworn before me this
day of~, 2012.
Notary u ' '
'(~ RESOLUTION 2012-416
ADOPTED DOC ID: 7854
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-416 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 8, 2012:
RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and
Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of
Southold hereby sets Tuesday, May 22, 2012, at 4:34 p.m., Southold Town Hall, 53095 Main
Road, Southold, New York as the time and place for a public hearing for the purchase of
property from Barbara J. Marczewski, Sandra M. Rinehart, and Michael M. Pekunka. Said
property is located on the north side of Pipes Neck Road approximately 385 feet easterly from
the intersection of NYS Route 25 and Pipes Neck Road to the LIRR track and further identified
as part of SCTM # 1000-53-1-6. The area to be purchased is approximately 10.38± acres of the
total property area, which excludes from the purchase an area of approximately 40,000 square
feet (0.92 acre) that includes the existing residential dwelling and accessory structures. The
address of the property is 475 Pipes Neck Road in Greenport, New York. The property is located
within the LI (Light Industrial) zoning district.
The proposed acquisition is for the Town of Southold to acquire fee title to approximately
10.38± acres of property. The exact area of the purchase is subject to a Town provided survey.
The total purchase price is $550,000 (five hundred fifty thousand dollars) and is not based on a
per acre value. The purchase will be funded by the Town's Community Preservation Fund.
This acquisition project is eligible for an awarded grant from the New York State Office of
Parks, Recreation and Historic Preservation to be used towards 50% of the purchase price plus
acquisition costs.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved for purposes of open space, fresh and salt water marshes and wetland
protection, and furtherance of a greenbelt. The purpose of this acquisition is for open space
protection, passive recreational purposes, wetland and biological diversity protection and to
expand the existing preservation and protection efforts of the Town and County within the Pipes
Cove Area. Proposed uses of the property may include the establishment of a nature preserve,
and a passive recreational area with trails, all subject to a Stewardship Management Plan that
will be developed for this property.
The Land Preservation Coordinator has review the acquisition in accordance with Chapter 117
(Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary
Flow Credits may be available for transfer from the property upon the Town's purchase of the
property. The transfer of the Sanitary Flow Credits will not be finalized, and shall not occur,
until the Town closes on the property, and the Town Board passes a resolution allowing the
transfer of such credits into the Town TDR Bank.
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.
Resolution 2012-416 Board Meeting of May 8, 2012
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Updated: 5/8/2012 11:48 AM by Melanie Doroski Page 2