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HomeMy WebLinkAboutNew Suffolk Land Co IV, LLCSOUTHOLDTOWNBOARD PUBLIC HEARING April 23, 2013 4:32 PM Present: Supervisor Scott Russell Town Justice Louisa Evans Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Councilman James Dinizio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 4:54 PM COIfNCILMAN TALBOT: NOTICE IS HEREBY GIVEN 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~ April 23~ 2013~ at 4:32 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 New Suffolk Land Co~ IV~ LLC (Peconic Land Trust~ Incorporated as Contract Vendee. Said property is identified as SCTM #1000-55.-1-9. The address is 3340 Horton Lane in Southold. The property is located in the A-C zoning district and situated on the easterly side of Horton Lane approximately 150 feet north of the intersection of Horton Lane and County Route 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 13.897± acres (subject to survey) of the 15.7344- acre parcel 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. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 13.8974- 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 agricultural value; and 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, Sonthold, New York, and may be examined by any interested person during business hours. New Suffolk Land Company DRE 4/23/2013 I have a notice that it was posted in the Suffolk Times on April 18, 2013. It was posted on the Town Clerk's bulletin board on April 10, 2013. I also have a letter from Mark Terry, Principal Planner and LWRP coordinator "The proposed action is the acquisition of a development rights easement on part of SCTM 55-1-9 consisting of approximately 13.897 acres (subject to survey) of the 15.734 acre parcel. The action has been reviewed to Chapter 268, Waterfront Consistency 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." And that is it. SUPERVISOR RUSSELL: Would anybody care to address the Town Board on this particular local law? MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. Good a~emoon. As was noted, this is a farmland development rights purchase. The Town is purchasing an easement on just under 14 acres for agricultural purposes. There is an area of about 80,000 square feet which will remain attached, that is an excluded area but that will remain attached to the preserved land. The area is shown on the map. This is a great parcel from an agricultural standpoint, it is all prime soils and once this farm is preserved, there will be a block right between the four roads there, Horton's, Young's, County Route 48 and Old North Road of 70 acres of preserved land and if we go to all the different sides of the four roads, the expanse continues and the preserved area is an additional 145 acres for a total of over 200 acres of preserved land. And the Town, Southold has been trying to continue preservation of blocks of farmland and this piece is key to completing a good block of preserved farmland. Both the Land Preservation Committee and I have been working pretty hard on this to get this done. We recommend that the Town Board proceed with completing the project and authorizing a resolution to purchase the easement and we expect to close hopefully before the end of May. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Tim? TIM CAULFIELD: Good afternoon. My name is Tim Caulfield, I am with the Peconic Land Trust, also a resident here in Cutchogue. And as you can see, the Peconic Land Trust is contract vendee on this transaction, so obviously we want to come out in strong support of it. We are hoping that if all goes well, we will be the owner at least on a temporary basis, in the near future. I also just wanted to publicly recognize Melissa, Melanie and the Land Preservation Committee, we are trying to pull this transaction together as a simultaneous transaction and those often times are a little bit more complicated in terms of scheduling. As always and I am sure you guys hear this all the time, they have done a great job and they did a great job in this instance as well. Melissa already described the project and its basic merits, I just thought there were a couple of things that I could add maybe in terms of secondary benefits. I think we all know that we are working at turning our ag center at Chamews farm into a little bit of a farm incubator program and thus far it has been pretty successful but essentially we have grown out of it already in just a few short years. Quite crowded over there. So immediately this acquisition is going to give us an opportunity to grow that program as well. And then perhaps even more important, it is going to give us an opportunity to take even better care of the land. Given that it has been so crowded New Suffolk Land Company DRE 4/23/2013 over at the ag center, we want to as any farmer would, as any land owner of protected land would, want to be good stewards of the land and demonstrate really good management practices. So fight offthe bat we are going to be able to do even more in t~,s of rotating and taking better care of the land here. So we are looking forward to bringing this to a conclusion in the near future and hopefully we will be seeing the farm back in ag production in a matter of weeks. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law, public heating? (No comment) This heating was closed at 5:00 PM ****************************************************************************** ville Southold Town Clerk OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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 APR 1 8 201,t To: From: Town of Southold Town Board Mark Terry, Principal Planner LWRP Coordinator Southold Tow~ Date: April 18, 2013 Re: Purchase of a development rights easement on property owned by New Suffolk Land Co, IV, LLC (Peconic Land Trust, Incorporated as Contract Vendee. Location: 3340 Horton Lane in Southold SCTM #1000-55.-1-9 Zoning District A-C The proposed action is the acquisition of a development rights easement on part of SCTM #1000-55.-1-9; consisting of approximately 13.897_+ acres (subject to survey) of the 15.734+ acre parcel. 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 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 RECEIVED APR MAILING ADDRESS: 1 8 20~.o. Ro~ u79 Southold, 1~( 11971 Telephone: 631 765-193~ Southold Tow~'~e~nJ~l 765-3139 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: April 18, 2013 Re: Purchase of a development rights easement on property owned by New Suffolk Land Co, IV, LLC (Peconic Land Trust, Incorporated as Contract Vendee. Location: 3340 Horton Lane in Southold SCTM #1000-55.-1-9 Zoning Distdct A-C The proposed action is the acquisition of a development rights easement on part of SCTM #1000-55.-1-9; consisting of approximately 13.897± acres (subject to survey) of the 15.734+ acre parcel. 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 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 J2 PROJECT NAME 3. PROJECT LOCATION: Municipality ~ O O~'~ ~ ~..~:~ County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. PROPOSED ACTION ,~ New [] Expansion [] Modiflce§on/alteration 6. DESCRIBE PROJECT BRIEFLY; 7. AMOUNT OF LAND AEFECTED: Initially ! *'~. ~*~'~' acres Ultimately t'~. ~qg acres 8. V~dLL~PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? '~ Yes [] No If No, describe briefly 0. ,s P.ESE. LA.D USE ,. VIC,., OF PROJEO [~es~enfial [] Industrial <~Commercial [~],~lculture [] Park/Foresl/Open Space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~:No If Yes, list agency(s) name arid permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? L_J Yes /~lqo If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes ~'~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNO~EDGE / / Apphcant/sponsor name . . . Date I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment i OVER PART II - IMPACT ASSESSMENT (To be completed by Lead A~lency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF. [--~ Yes ~-"-"~ No B. WILL ACTION RECEIVE COORDINATED REVlEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (A~swers may be handwritten, if legible) C1. Exfstieg air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for emslen, drainage or tiooding p~oblems? Explain bdefly: C2. Aesthetic, agdcutiural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bifetiy: C3. Vegetation or fauna, fish, shellfish or wildlife species, signiticant habitats, or threatened or endangered species? Explain bhefly: C4. A community's existing plans or goals as officially adopted, or a change in use or Intensity of use of land or other natural resources? Explain bdefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long thn~, short ten-n, cumulative, or other effects not identified in CI-C57 Explain briefly: C7. Other impacts (including changes in use of either quantt~ or type of energy)? Explain briefly: D. 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 bdefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes ~No If Yes, explain briefly: PART III - Dm I ~:RllIIINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ect~dentifiedab~ve~determinewhetheritissubstantia~lerge~imp~rtant~r~them~isesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibitit¥; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials, Ensure that ex~)lanafions contain sufficient detail to show 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. ] Check this box if you have ider~lfied oue or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. ,,~ Chec~ this pex if you here detsm~ined, based on the infonmafion and analysis above and any suppoding documentaimn, that the propesed ac~on WIM NOT result in any significant adverse environmental impacts AND provide, on attachments as necessaP/, the reasons supporting this determination Name of Lea(f Agency Print or T~ N~FRe~d Agency Sign~t~l~ of Respoesitfle Officer In Lead Agency ~*~-D a t e Title of Respen~/~l~ Officer Signa~m of Preparer (If dl~m r~p~ble LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN 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~ April 23~ 2013~ at 4:32 p.m.~ Southold Town Hali~ 53095 Main Road~ Southoid~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by New Suffolk Land Col IV, LLC {Peconic Land Trust~ Incorporated as Contract Vendee. Said property is identified as SCTM #1000-55.-1-9. The address is 3340 Horton Lane in Southold. The property is located in the A-C zoning district and situated on the easterly side of Horton Lane approximately 150 feet north of the intersection of Horton Lane and County Route 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 13.897± acres (subject to survey) of the 15.734± acre parcel 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. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 13.897± 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 agricultural value; and 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: April 9, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON April 18, 2013, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Land Preservation Town Clerk's Bulletin Board Town Attomey Page 1 of 1 Cooper, Linda From: Reisenberg, Lloyd Sent: Thursday, April 11,2013 9:33 AM To: Cooper, Linda Subject: RE: New Suffolk Land Co IV LLC 4-23-13 Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York Email: IIoyd. reisenberq~,town.southold, ny. us Office: 631.765.189f 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: Wednesday, April 10, 2013 12:08 PM To: Reisenberg, Lloyd Subject: New Suffolk Land Co IV LLC 4-23-13 Please post this Legal Notice of Public Hearing on the website. thank you Icoop 4/12/2013 Page 1 of 1 Cooper, Linda From: Tracey Doubrava [tdoubrava@timesreview.com] Sent: Wednesday, April 10, 2013 3:24 PM To: Cooper, Linda Subject: Re: New Suffolk Land Co IV LLC 4-23-13 I've got it Linda and will make sure this is run in the April 18 edition of the Suffolk Times. Thanks. Tracey Tracey Doubrava Display Ad Sales Coordinator Times/Review News Group 7785 Main Rd, P.O. Box 1500 Mattituck, NY 11952 P: (631) 298-3200 E: tdou brava~timesreview.com From: <Cooper>, Linda <Linda.Cooper~town.southold,ny,us> Date: Wednesday, April 10, 2013 12:06 PM To: Times Review <tdoubravai~timesreview,com> Cc: tr-le§als <legals~timesreview.com> Subject: New Suffolk Land Co IV LLC 4-23-13 Good Afternoon, Please confirm receipt of this Legal Notice of Public Hearing for the 4/18/13 edition of the Suffolk Times. Thank you, Icoop 4/10/2013 Page 1 of I Cooper, Linda From: Cooper, Linda Sent: Wednesday, April 10, 2013 12:08 PM To: Reisenberg, Lloyd Subject: New Suffolk Land Co IV LLC 4-23-13 Attachments: New Suffolk Land Co IV LLC 4-23-13,doc Please post this Legal Notice of Public Hearing on the website. thank you Icoop 4/10/2013 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Wednesday, April 10, 2013 12:07 PM To: 'Tracey Doubrava' Cc: Suffolk Times Legals Subject: New Suffolk Land Co IV LLC 4-23-13 Attachments: New Suffolk Land Co IV LLC 4-23-13.doc Good Afternoon, Please confirm receipt of this Legal Notice of Public Hearing for the 4/18/13 edition of the Suffolk Times. Thank you. Icoop 4/10/2013 #11150 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 I week(s), successfully commencing on the 18th day of April, 2013. Sworn to before me this LEGAL N(YFICE NOTICE OF PUBLIC I~ARING NOTICE IS HEREBy GIVEN that pursuant to the provisions of Chapter ! 7 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tueadav. ADrll 23. 2013. at 4~2 mm.. Southold HaH. 53095 Main Road. SouthoM. New York as the time and niace for a hem4n~ for the purchase of a develoP- ment rights easement on Dro~ertV OW*ma bY New Suffolk Land Co. IV. LLC conic Land Trust. Incomomted as Con- teac~ Vendee. Said property is identified as SCTM #1000-55.-1-9. The address is 3340 Horton Lane in Southold. The property is located in the A-C zoning district and situated on the easterly side of Horton Lane approximately 150 feet north of thc intersection of Hor ton Lane and County Route 48 in Southold, New York. 1he proposed acquisition is for a development rights easement on a part of the property consisting of approxi- mate[y 13.897± acres (subject to survey) of the 15.734± acre parcel The exact area of the acquisition subiecl ~o a Town-provided survey ct. ptahlc to the Land Preservation Com- m i tree and thc property owner. The ease mcnl will he acquired using Commundv Preservation Funds. The purchase price is $65,000 (sixly-five thousand dollars) per buildahle acre for the 13.897± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that shoald be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Depart- mcnt, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: April 9, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk ll.150-1T 4/tR Principal Clerk NOTARY PUBLIC-STATE OF NEW YORK No, 01VO6105050 Qualified IFf Suffolk County STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly swom, says that on the .la ~' day of ~ ,2013, she affixed a notice of which the annexed printed notice is a tree cop~, 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: Land Pres. New Suffolk Lane Co IV LLC Sworn before me this //.9 day of c~ ,2013. -- (~)Elizabeth A.~N-eville -- Southold Town Clerk LINDA J COOPER ',!¢~TAqY P(JBLIC, State of New York ) 01,QO4822563, Suffolk Couaty ,:r :x?es December 31, 20 ../ii, c.' RESOLUTION 2013-306 ADOPTED DOC ID: 8719 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-306 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9, 2013: 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¥~ April 23~ 2013~ at 4:32 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 New Suffolk Land CoI IV~ LLC (Peconic Land Trust~ Incorporated as Contract Vendee. Said property is identified as SCTM #1000-55.-1-9. The address is 3340 Horton Lane in Southold. The property is located in the A-C zoning district and situated on the easterly side of Horton Lane approximately 150 feet north of the intersection of Horton Lane and County Route 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 13.897± acres (subject to survey) of the 15.734± acre parcel. 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. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 13.897± 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 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 Southoid Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell