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HomeMy WebLinkAboutMayne, FrederickSOUTHOLD TOWN BOARD PUBLIC HEARING January 29, 2013 4:36 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 6:38 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ January 29~ 2013~ at 4:36 p.m, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public heating for the purpose of adding a parcel owned by Frederick H. Mayne to the Town's Community Preservation Fund Eligible Parcel List and for the purpose of purchasing the fee title to said parcel for open space purposes. Said parcel is identified as SCTM #1000-68.-4-11. The address is 2732 Soundview Avenue, Peconic, New York, located between the southerly side of Soundview Avenue and the northerly side of CR48 in Peconic in the R-80 zoning district. The proposed acquisition is for fee title of 2.5075 acres, as per a survey dated January 31, 2003 by Peconic Surveyors, P.C. The property is important for purposes of open space, aquifer recharge and wetland protection, similar to the criteria listed for the properties adjacent to and in the vicinity of the subject property, which are on the current Eligible Parcel List. The property has been offered for sale to the Town of Southold as open space. The purchase price is $12,537.50 (twelve thousand five hundred thirty-seven dollars and fifty cents) based on an accepted offer of $5,000.00 (five thousand dollars) per acre. The seller may claim a bargain sale. The property is being added to the Community Preservation Plan and the purchase will be funded by the Community Preservation Fund. The purpose of the acquisition is for the preservation of open space, aquifer recharge and wetland protection. The property will remain in its undisturbed natural state. Mayne Property Public Hearing January 29, 2013 As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property. 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 short environmental assessment form, no further action will be taken on that. It was posted in the Suffolk Times on January 24, 2013 and it was posted on the Town Clerk's bulletin board on January 22, 2013 and that is it. SUPERVISOR RUSSELL: Thank you. Would anybody like to be heard on this particular land acquisition? Melissa? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, Land Preservation Coordinator. As Chris Talbot mentioned, this hearing has two purposes. The first is for the purposed of adding the Mayne property to the town's community preservation plan eligible parcel list. The current list includes the larger properties adjacent to and in the vicinity to the Mayne property. These properties are listed as important for open space aquifer recharge and protection of freshwater wetland purposes. The Ma)me property is similar in nature to the properties surrounding it and it would have been included the original list had it not been for its size. The original list was based on a computer generated list, starting with parcels over 10 acres. Over the years, we have added many smaller parcels which we missed during the original preparation of the list. The land preservation committee and I all recommend that this property be added to the list of eligible parcels for the same purposes as the properties surrounding it. the second purpose of the hearing is for the purpose of acquiring the property. As I noted, the property is significant in nature. It contains pristine, freshwater wetlands and it is part of a larger area of freshwater wetland, expanding from Goldsmiths Inlet south. The purpose of the purchase is to protect the property from any future residential development which can impact the environmentally sensitive nature of the area. As it stands now, the property is difficult to develop due to access issues, however, if the property were to be acquired by an adjacent landowner, the access issues would be eliminated and the property would have the potential for development. At this time, the town doesn't own any property in the immediate area, however, should the town acquire land in the vicinity in the furore, the Mayne property would become part of that overall preserved area and may perhaps be incorporated into a potential future trail system if such is proposed in the management plan for the area. The landowner offered the land to the town at a minimal purchase price, the committee reviewed the offer in accordance with the policy that we have called the small lot policy and the committee and I both recommend that the Town Board proceed with the purchase. Thank you. Mayne Property Public Hearing January 29, 2013 SUPERVISOR RUSSELL: Thank you. particular acquisition? (No response) This hearing was closed at 6:45 PM 3 Would anybody like to comment on this Elizabeth A. Neville Southold Town Clerk #11027 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 24th day of January1 2013. Principal Clerk Sworn to before me this LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that pursuant to thc provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of SouthoId hereby sets _Taesday~ vclopment Rights) of the Code of the NOTARY PUBLIC-STATE OF NEW YORK No. 01VO6105050 Qualified in Suffolk County My Commission Expires Febluory 28, 2016 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 RECEIVED ,JAN 3 0 ,0~ To: Town of Southold Town Board Southold Town Clerk From: Mark Terry, Principal Planner LWRP Coordinator Date: January 29, 2013 Re: Add Frederick H. Mayne parcel to Community Preservation Fund Eligible Parcel List and fee title purchase for open space purposes. SCTM #1000-68.-4-11. Location: 2732 Soundview Avenue, Peconic, New York, The proposal is to add a parcel owned by Frederick H. Mayne to the Town's Community Preservation Fund Eligible Parcel List and for the purpose of purchasing the fee title to said parcel for open space purposes. Said parcel is identified as SCTM #1000-68.-4-11. 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 C;ON$1$TENT 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 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets '~uesday~ 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by ADplicant or Project Sponsor) 1. APP.......~LICANT/SPONSOR I~' PROJECT NAME 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc.. or provide map) 5. PROPOSED ACTION IS: ~New [] Expansion [] Modification/alteration 6. DES~.~iut: PROJECT BRIEFLY: In~ially ~ .~O~ ~ a~s Ultimately ~7~ a~s 8. ~LL PRO~SED ACTION COMPLY ~ ~ISTING ZONING OR OTHER EXISTING ~ND USE RESTRICTIONS? ~Y~ ~ No If No. d~ briefly ~ Res~defl~al ~ Indust~al ~ Comme~al ~gd~ltu~ ~a~ForesFOpen Spa~ ~ ~her 10. ~ES ACTION INVOL~ A PERMIT APPROVAL, OR FUNDING. NOW OR ULTI~TELY FROM ANY OTHER GOVERNME~AL AGENCY ~ Yes ~ No If Yes, list agent(s) name a~ ~appro~ls: 11. ~ES ANY ASPECT OF THE A~ION ~ A CURRE~LY VALID PERM T OR APPROVAL? ~ Yes ~ No If Y~. list agenw(s) name and peri,approvals: 12. AS A RESULT OF PROPOSED ACTION ~LL ~ISTING PERMIT/APPROVAL REQU RE MODfFrCATiON? I CERTIFY TH~TTHE INFOR,.MA,TION PROVIDEp~ABOVE IS TRUE TO THE BEST OF MY KNOVVLEDGE,  If the action is in the Coas~l Area, and you are a s~te the agency, complete Coas~l Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTtON EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617.4? If yes, coordinate the review process and use the FULL EAF. E]Yes []No 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, E~Yes [~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, sur[ace 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, agricultural, archaeological, historic, or other natural or c, ultural resources; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish, she fish or w d to spedes, s gnificent hebdats, or threatened or endangersd spadas? Explain briefly: C4. A ~ommunit~'s e×isfln§ plans or go*Is as offi~ally adopt~, or a change In use or intensity of use of land or cther natural re~oume$? F~xplaln briefly: C6. Growth. subsequent deYelopn~nt, or mleted activities tikety to be induced by the proposed action? F~q~lain briefly: ctt. Long tema, short to~m, ~umulativo, or other effects not idontitied in Cl 43§? Explain briefly: C?. Other impacts lindedleg chang~ in use of either quantity or type et enemy)? Explain briefly: O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~o If Yes, explain briefly: E. IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes ~ No If Yes, explain bdefly: PART I11 - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS.' For each adveme effect identified above, determine whether itis substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. u~ban 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 all relevant adverse impacts have been identified and adequately addressed, tt question D of Part II was checked yes. the determination of significance must evaluate the potential impact of the proposed action onthe environmental characteristics of the CEA. ] ~heckthisb~xify~uha~identi~ed~ne~rm~rep~ten~a~ty~a~ge~rsigni~centadverseimpactswh~chMAY~ccur~ ThenpmceeddirsctlytotheFULl EAF and/or prepare a positive declaration. [~ Check this box if you 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 necessaP/, the rsasons supporting this determination Name of Lead Agency Print or Type~Re~gency Signa~ of Responsible Officer in Lead Agency Date Title of Res.13~nsible Officer Si~natu'~' of Preparer ([~ent fi'om resbonsible officer) Please publish on JANUARY 24~ 2013 and forward one (1) affidavit of publication to Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold, NY 11971. Copies to the following: The Suffolk Times TC Bulletin Bd Town Board Members Web site Town Attorney Land Pres. 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~..~.,,~ day of ,,f~oexa~,,~013, she affixed a notice of which the annexed printed notice is a true copy, in a p{oper and substantial manner, in a most public place in the Town of Southold, Suflblk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: PH Open Space - Mayne ~ ~l~zabeth A. Neville Southold Town Clerk Sworn before me~is c~_..,~_ day of ~m.~_-. ,2013. '~otdr~, Publlc LINDA J COOPER NOTARY PUBL C, State o~' Ne,,,/Yod NO, 01CO4822563, Suffolk Term Expires December 31, 20._Z~,~ / Page I of 1 Cooper, Linda From: Reisenberg, Lloyd Sent: Thursday, January 17, 2013 3:27 PM To: Cooper, Linda Subject: RE: Mayne 1-29-13 Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York Emaih lloyd, reisenber.q~.town.southold, n y. 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: Cooper, Linda Sent: Thursday, January 17, 2013 11:21 AM To: Reisenberg, Lloyd Subject: 1'4ayne :1-29-13 PH notice for web thanks 1/17/2013 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ January 29~ 2013~ at 4:36 p.m.~ $outhold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purpose of adding a parcel owned by Frederick H. Mayne to the Town's Community Preservation Fund Eligible Parcel List and for the purpose of purchasing the fee title to said parcel for open space purposes. Said parcel is identified as SCTM #1000-68.-4-11. The address is 2732 Soundview Avenue, Peconic, New York, located between the southerly side of Soundview Avenue and the northerly side of CR48 in Peconic in the R-80 zoning district. The proposed acquisition is for fee title of 2.5075 acres, as per a survey dated January 31, 2003 by Peconic Surveyors, P.C. The property is important for purposes of open space, aquifer recharge and wetland protection, similar to the criteria listed for the properties adjacent to and in the vicinity of the subject property, which are on the current Eligible Parcel List. The property has been offered for sale to the Town of Southold as open space. The purchase price is $12,537.50 (twelve thousand five hundred thirty-seven dollars and fifty cents) based on an accepted offer of $5,000.00 (five thousand dollars) per acre. The seller may claim a bargain sale. The property is being added to the Community Preservation Plan and the purchase will be funded by the Community Preservation Fund. The purpose of the acquisition is for the preservation of open space, aquifer recharge and wetland protection. The property will remain in its undisturbed natural state. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property. 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: January 15, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk RESOLUTION 2013-78 ADOPTED DOC 1D: 8446 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-78 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 15, 2013: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 29, 2013, at 4:36 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purpose of adding a parcel owned by Frederick H. Mayne to the Town's Community Preservation Fund Eligible Parcel List and for the purpose of purchasing the fee title to said parcel for open space purposes. Said parcel is identified as SCTM #1000-68.-4-I 1. The address is 2732 Soundview Avenue, Peconic, New York, located between the southerly side of Soundview Avenue and the northerly side of CR48 in Peconic in the R-80 zoning district. The proposed acquisition is for fee title of 2.5075 acres, as per a survey dated January 31, 2003 by Peconic Surveyors, P.C. The property is important for purposes of open space, aquifer recharge and wetland protection, similar to the criteria listed for the properties adjacent to and in the vicinity of the subject property, which are on the current Eligible Parcel List. The property has been offered for sale to the Town of Southold as open space. The purchase price is $12,537.50 (twelve thousand five hundred thirty-seven dollars and fifty cents) based on an accepted offer of $5,000.00 (five thousand dollars) per acre. The seller may claim a bargain sale. The property is being added to the Community Preservation Plan and the purchase will be funded by the Community Preservation Fund. The purpose of the acquisition is for the preservation of open space, aquifer recharge and wetland protection. The property will remain in its undisturbed natural state. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property. 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 Resolution 2013-78 Board Meeting of January 15, 2013 Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 1/17/2013 10:53 AM by Linda Cooper Page 2 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Thursday, January 17, 2013 11:21 AM To: Reisenberg, Lloyd Subject: Mayne 1-29-13 Attachments: Mayne 1-29-13.doc PH notice for web thanks 1/17/2013 Page 1 of I Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Thursday, January 17, 2013 12:19 PM To: Cooper, Linda Subject: Re: Mayne 1-29-13 You §ot it! :) Have a §reat afternoon! Candice From: <Cooper>, Linde <Linda.Cooper~town.southold.ny. us> Date: Thursday, January 17, 2013 11:18 AM To: tr-legals <legals~timesreview.com> Subject: FW: Mayne 1-29-13 Correction - publish 1/24/13 please. (it helps to look at the correct calendar, duh!) DeputyTown Clerk Town of Southold 631-765-1800 Life may not be the party we hoped for, but as long as we are here, we might as well dance! The difference between try and triumph is a riffle "umph"~ From:Cooper, Linda ~ent: Thursday, January 17, 2013 11:16 AM To: Suffolk Times Legals Subject: Mayne 1-29-13 Good morning. Please confirm receipt of this legal notice of public hearing for the 1/21/13 issue of the Suffolk Times, Thank you! Icoop 1/17/2013 RESOLUTION 2013-78 ADOPTED DOC ID: 8446 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-78 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 15, 2013: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 29, 2013, at 4:36 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purpose of adding a parcel owned by Frederick H. Mayne to the Town's Community Preservation Fund Eligible Parcel List and for the purpose of purchasing the fee title to said parcel for open space purposes. Said parcel is identified as SCTM #1000-68.-4-11. The address is 2732 Soundview Avenue, Peconic, New York, located between the southerly side of Soundview Avenue and the northerly side of CR48 in Peconic in the R-80 zoning district. The proposed acquisition is for fee title of 2.5075 acres, as per a survey dated January 31, 2003 by Peconic Surveyors, P.C. The property is important for purposes of open space, aquifer recharge and wetland protection, similar to the criteria listed for the properties adjacent to and in the vicinity of the subject property, which are on the current Eligible Parcel List. The property has been offered for sale to the Town of Southold as open space. The purchase price is $12,537.50 (twelve thousand five hundred thirty-seven dollars and fifty cents) based on an accepted offer of $5,000.00 (five thousand dollars) per acre. The seller may claim a bargain sale. The property is being added to the Community Preservation Plan and the purchase will be funded by the Community Preservation Fund. The purpose of the acquisition is for the preservation of open space, aquifer recharge and wetland protection. The property will remain in its undisturbed natural state. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property. 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 Resolution 2013-78 Board Meeting of January 15, 2013 Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 1/17/2013 10:53 AM by Linda Cooper Page 2