Loading...
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