HomeMy WebLinkAboutMacari FarmsSOUTHOLDTOWNBOARD
PUBLIC HEARING
December 4, 2012
7:34 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 Martin Fiunegan
This hearing was opened at 7:56 PM
COUNCILMAN TALBOT: 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 Tuesda¥~ December 4~ 2012~ at 7:34 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 Maeari Farms~
LLC. Said property is identified as SCTM #1000-112.-2-p/o 1 and SCTM #1000-112.-2-
2. The addresses are 950 & 1350 Bergen Avenue in Matfituck. The property is located in
the A-C zoning district and is situated on the easterly side of Bergen Avenue
approximately 720 feet northwesterly from the intersection of Arbor Lane and Bergen
Avenue in Mattituck, New York. The proposed acquisition is for a development fights
easement on a part of the property consisting of approximately 25.2± acres (subject to
survey) of the 27.2± parcels' total 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. This project is eligible for partial funding from an
awarded grant from United States Department of Agriculture - Natural Resources
Conservation Service (USDA-NRCS).The purchase price is $60,000 (sixty thousand
dollars) per buildable acre for the 25.2± 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 open space 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
Macari DRE Public Heating
December 4, 2012
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
2
I have a notice from Mark Terry, principal planner and LWRP coordinator. "The
proposed acquisition is for development rights easement on part of the property
consisting of 25.2 of the 27.2 parcels total acreage. The action has been reviewed to
Chapter 268, Waterfront Consistency Review of the Town of Southold town code and the
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. And a notice that it was posted on the Town
Clerk's bulletin board on November 26, 2012 and that it was posted in the Suffolk Times
on November 29, 2012. That is it.
SUPERVISOR RUSSELL: Would anybody like to be heard on this particular local law,
this hearing for acquisition?
COUNCILMAN KRUPSKI: As you can see here on the map, it's two parcels. There are
two parcels together (inaudible) one two acre preserve area that is being left out. If you
look at the map, there is a lot of preservation; some fi.om the state, a lot from the town
and a lot from the county. It almost reaches up to the Laurel Lake watershed. It is an
important purchase because it does add to the larger block of preserved land and also
Melissa Spiro from Land Preservation deserves a lot of credit. She worked hard to
acquire a grant (inaudible).
ROBERT DUNN: Inaudible.
SUPERVISOR RUSSELL: Sure.
MR. DUNN: Are these negotiated or is there a fixed amount?
SUPERVISOR RUSSELL: No, they are all negotiated. Every sale that takes place has at
least two appraisals done. And then offers get tendered to owners and then the
negotiating, like any real estate deal, goes back and forth.
MR. DUNN: Not to reflect on this deal or any other, I was just curious on how it works.
COUNCILMAN KRUPSKI: It is based on (inaudible)
SUPERVISOR RUSSELL: Yes, the whole premise is based on voluntary preservation.
So people come in the door, say they are interested in preserving this for a variety of
reasons and that is when the ball gets started.
MARIE DOMENICI: Macari's vineyard is ....
COUNCILMAN KRUPSKI: Inaudible.
Macari DRE Public Hearing 3
December 4, 2012
MS. DOMENICI: Great. Okay. Sounds good to me. Thank you.
This hearing was closed at 8:01 PM
eville ~
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...~.,~APP~.ICANT/SPONSOR¢~ ~Cf 2. PROJECT NAME,
3. PROJECT LOCATION: ' --
Municipality ~Ol,..~'~'la,.OI2~) '"'~1~/;.I County S(J-~(O (~
4. PRECISE LOCATION (Street address and road nlersecflons, prominent landmarks, etc., or provide map)
5. PROPOSEDACTION IS:
~New [] Expansion [] Modification/alteration
6.~DESCR1BE PROJECT BRIEFLY:
7. A~OU~ OF~D ~FECTED:
8. ~LL PROPOSED ACTION C~PLY ~ ~ISTING ZONING OR OTHER ~ISTING ~NO USE RESTRICTIONS? ~ Yes ~ No If No, des~be bdefly
9. ~T IS PRESENT ~ND USE IN VIC N ~ OF PROJECT?
~ Residen~al ~ Industrial ~ Comme~al ~ Ag~lture ~Pa~FomsFOpen Spa~ ~ ~her
~s~:
10. ~ES ACTION INVOLVE A PERMIT APPROVAL, ~ FUNDING, NOW OR ULTI~TELY FROM ANY O~ER GOVERNME~AL AGENCY
(FEDE~ STATE OR L~AL)?
Yes ~ No If Yes, list agent(s) name and ~appm~ls:
11. DOES ANY ASPECT OF ~E ACTION ~VE A CURRE~L Y VAUD PERMiT OR APPROVAL?
~ Yes ~ No If Yes, list agent(s} name and pe~iFappm~ls:
12. AS A RESULT OF PROPOSED ACTION ~LL ~ISTING PERMIT/APPROVAL REQUIRE MOD FICATION?
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE, ,
Applicant/sponsor name' ~ · ~
J If the action is in the Coastal Area, and
you
are
a
state
agency,
comp
eta
the
Coastal Assessment Form before proceed ng 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 617.4? If yes, coordinate the review process and use the FULL EAF.
~'~ Yes [~No
B. WILLACTIONRECEIVECDORDINATEDREVlEWASPROVIDEDFORUNLISTEDACTONS N6NYCRR, PART617.67 IfNo, anegative
dedaraben 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 handwntten, if legible)
C1. Existing air quality, surfaco or groundwater quality or quantity, noise levels, existing traffic pettem, solid waste production or disposal,
potential for erosion, dra nage or fioeding problems? Explain bdefiy:
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:
(;4. A co~nmunity's existing plans or gcols as officially adopted, or a change in use or intensity et 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 briefly:
C6. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly:
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
D. WILL THE PROJECT HAVE AN IMPAC3' 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)
INSTI~I.IC~'ION$.. For each adverse effect identified abo~, determine whether it is substantial, large, imporfant or othen~ise significant, Each
effect should be assessed in connection with its la) setting (i.e. urban or r "
m al) lb) probab~lify of occurnng lc) durat on (d) ~rreverslb~l [y; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting matedals. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. I[ question D of Par~ 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~ this box if you have'identified one or mom petentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl
FAF and/or prepare a peslfive declaration.
~* Check this box if you have determined, based on the information and analysis above and any supportieg documentation, 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
Print or T~'Na me of Resl3~nsible Officer in Lead Agency
g ature of-R~sponsible Officerin Lead Agency
Date
Title of Respensi Officer
SignatUre of P~reparer Of d~r~r~om responsible officer)
Southold Town Board - Letter Board Meeting of December 4, 2012
RESOLUTION 2012-888
ADOPTED
Item # 5.34
DOC ID: 8284
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-888 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 4, 2012:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a development fights easement on a certain parcel of property owned by Macari
Farms, LLC on the 4th day of December, 2012, at which time all interested parties were given the
opportunity to be heard; and
WHEREAS, said property is identified as SCTM #1000-112.-2-p/o 1 and SCTM #1000-112.-
2.2. The addresses are 950 & 1350 Bergen Avenue in Mattituck. The property is located in the
A-C zoning district and is situated on the easterly side of Bergen Avenue approximately 720 feet
northwesterly from the intersection of Arbor Lane and Bergen Avenue in Mattituck, New York;
and
WHEREAS, the development fights easement comprises a part of the property consisting of
approximately 25.2± acres (subject to survey) of the 27.Z+- parcels' total 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. This project
is eligible for partial funding from an awarded grant from the United States Department of
Agriculture - Natural Resources Conservation Service (USDA-NRCS).The purchase price is
$60,000 (sixty thousand dollars) per buildable acre for the 25.2± 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 open space agricultural value; 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
Generated December 5, 2012 Page 50
Southold Town Board - Letter Board Meeting of December 4, 2012
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development rights easement; and
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 Macari Farms, LLC, identified as
SCTM #1000-112.-2-p/o 1 and SCTM #1000-112.-2-2. 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 [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Generated December 5, 2012 Page 51
#10959
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
29th day of November, 2012. ~,L,.~,...-,--~ ~
Principal Clerk
Sworn to before me this
'~F dayof
2012.
tion Fund) and Chapter 70 (Agricultural
servatlo~n Service (USDA-NRCS).~[~e
merit, Southold ToWn Flail AaneX~
~VOLIN~
NOTARY PUBLIC-STA'fE OF NEW YORK
No. 01V06105050
Qualified in Suffolk county
OFFICE LOCATION:
Town Hsll Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southo]d, 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
RECEIVED
To: Town of Southold Town Board
From: Mark Terry, Principal Planner
LWRP Coordinator
Southold Town Clerk
Date: November 28, 2012
Re:
Development rights easement on property owned by Macari Farms, LLC.
SCTM #1000-112.-2-p/o 1 and SCTM #1000-112.-2-2.950 & 1350 Bergen
Avenue in Mattituck.
Location: 950 & 1350 Bergen Avenue in Mattituck.
The proposed acquisition is for a development rights easement on a part of the property
consisting of approximately 25.2+ acres (subject to survey) of the 27.2+ parcels' total
acreage.
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
Page 1 of 1
Rudder, Lynda
From: Reisenberg, Lloyd
Sent: Monday, November 26, 2012 10:50 AM
To: Rudder, Lynda
Subject: RE: for publication 11/29
Posted
Lloyd H. Reisenberg
Network and Systems Administrator
Town of Southold, New York
Email: IIoyd. reisenber,q~.town.southold, ny. us
Office: 631-765-1891
Cell: 631-879-1554
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or
legally privileged information It is solely for the use of the intended recipient(s). Unauthorized
interception, review, use or disclosure is prohibited and may violate applicable laws including the
Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender
and destroy all copies of the communication.
From: Rudder, Lynda
Sent: Monday, November 26, 2012 8:50 AM
To: Spiro, Melissa; Doroski, Melanie; alkrupskitown@yahoo.com; Andaloro, Jennifer; Beltz, Phillip;
Cushman, .lohn; Doherty, Jill; Finnegan, Martini Krauza, Lynne; Legals (cschott@timesreview.com);
Louisa Evans (Ipevans06390@gmail.com); Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Talbot,
Christopher; Tomaszewski, Michelle; William Ruland
Subject: for publication 11/29
Importance: High
Please publish in the 11/29 edition of the Suffolk Times and on the TH website
11/26/2012
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 /X/o~'e.~ ~e)/- ,2012, she affixed a
notice of which the annexed printed notice is a tree copy, in a proper and substantial
mariner, 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.
Macari PH 12/4/12 7:34
-- ~b(th A.' NeVille
Southold Town Clerk
Sworn before me this
oq6, day of N[o~Yrdood-- ,2012.
~1 Notary Public
LYNDA M. RL~)DEIll
Southold Town Board - Letter Board Meeting of November 20, 2012
RESOLUTION 2012-848
ADOPTED
Item # 5.23
DOC ID: 8271
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-848 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 20, 2012:
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, December 4, 2012~ at 7:34 p.m., Southold Town Hall, 53095 Main
Road, Southold, New York as the time and place for a public hearing for the purchase of a
development rights easement on property owned by Macari Farms, LLC. Said property is
identified as SCTM #1000-112.-2-p/o 1 and SCTM #1000-112.-2-2. The addresses are 950 &
1350 Bergen Avenue in Mattituck. The property is located in the A-C zoning district and is
situated on the easterly side of Bergen Avenue approximately 720 feet northwesterly from the
intersection of Arbor Lane and Bergen Avenue in Mattituck, New York. The proposed
acquisition is for a development rights easement on a part of the property consisting of
approximately 25.2~ acres (subject to survey) of the 27.2± parcels' total 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. This project is eligible for partial funding from an awarded
grant from United States Department of Agriculture - Natural Resources Conservation Service
(USDA-NRCS).The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the
25.2:k 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 open space 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: Jill Doherty, Councilwoman
SECONDER: William Ruland, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Generated November 20, 2012 Page 33
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, December 4,
2012~ at 7:34 p.m., Southold Town Hall, 53095 Main Road, Southold~ New York aa
the time and place for a public hearing for the purchase of a development rights
easement on property owned by Macari Farms~ LLC. Said property is identified as
SCTM #1000-112.-2-p/o 1 and SCTM #1000-112.-2-2. The addresses are 950 & 1350
Bergen Avenue in Mattituck. The property is located in the A-C zoning district and is
situated on the easterly side of Bergen Avenue approximately 720 feet northwesterly
from the intersection of Arbor Lane and Bergen Avenue in Mattituck, New York. The
proposed acquisition is for a development rights easement on a part of the property
consisting of approximately 25.2± acres (subject to survey) of the 27.2± parcels' total
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. This project is eligible for partial funding from an
awarded grant from United States Department of Agriculture - Natural Resources
Conservation Service (USDA-NRCS).The purchase price is $60,000 (sixty thousand
dollars) per buildable acre for the 25.2± 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 open space 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: November 20, 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON NOVEMBER 29, 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