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HomeMy WebLinkAboutLP-11/12/2013 LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, November 12, 2013 at 7:00 p.m. Town Hall Annex Executive Board Room Members Present: John Sepenoski, Chairman Maureen Cullinane Allan Connell Anne Murray Lillian Ball Sam McCullough Eric Keil (7:10 p.m.) Members Absent: None Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Scott A. Russell, Town Supervisor & Liaison to Town Board Luke McKay, Peconic Land Trust (7:13 p.m.) Tim Caufield, Peconic Land Trust (7:44 p.m.) Commencement: • The meeting began at 7:08 p.m. with six LPC members present. Adoption of Meeting Minutes: • Acceptance of LPC meeting minutes from October 15, 2013 & October 29, 2013 MOTION made by Sam McCullough, seconded by Anne Murray, to accept the 10/15/2013 LPC meeting minutes. Motion carried: 4/0/2 (Allan Connell and Maureen Cullinane abstained as neither were present during for the 10/15/2013 LPC meeting. Eric Keil not present at time of vote.) HOLD - acceptance of 10/29/2013 LPC meeting minutes. Land Preservation Applications and Inquiries: • SCTM #1000-106-9-2.3 (COOPER AgPDD) Continue review of AgPDD easement template LPC continued discussion on AgPDD easement template. Decisions were made regarding content of certain sections. LPC approved draft document and Melissa instructed to send draft to LPC attorney, Lisa Kombrink, for legal review. • SCTM #1000-100.4-4 (SIDOR) Update re: NRCS-FRPP funding status and project status NRCS has reviewed Town's request for a pre-determined subdivision of three (3) agricultural lots and has provided the applicable Easement language to allow for this future subdivision of the Easement area on the Sidor property. MOTION made by Sam McCullough, seconded by Eric Keil, to revise the contract for sale of development rights to include NRCS approval and applicable easement language for a pre- determined subdivision of three (3) agricultural lots to allow for this future subdivision of the easement area on the Sidor property. Motion carried: 7/0 NRCS has also completed the Impervious Surface Waiver Determination Worksheet and has calculated an allowable impervious surface coverage of 8%.The Committee's March 21, 2013 purchase offer was based on an estimate of 7% impervious surface. The Committee reviewed the 1 % difference and has revised the allowable coverage to 8% to reflect that of the final NRCS worksheet. MOTION made by Eric Keil, seconded by Sam McCullough, to amend the Sidor contract of sale for development rights to allow for impervious surface coverage of 8% as determined by the final NRCS worksheet. Motion carried: 7/0 Both these revisions, as approved by NRCS and LPC, will be passed along to LPC attorney and landowner's attorney for inclusion in the contract. Applications & Inquiries for Uses or Structures on Preserved Property: • None Addition to Agenda: • SHOWALTER inquiry The Showalters' met with Melissa Spiro on 11/12/13 regarding a proposed plan for property on which the development rights have been sold to the Town and they are interested in purchasing. They are requesting an appointment with the LPC for its next meeting to present their proposal to the committee.LPC agreed to appointment provided there is a fully executed contract between Showalter and the landowner. Stewardship and Management: • STOUTENBURGH PRESERVE Integrated Marsh Management project proposed by Vector Control John Sepenoski gave update on drainage pipe repair project on old Main Road in the vicinity of Stoutenburgh Preserve that was completed under the direction of Michael Collins, Town Engineer. Vector Control has met with Town representatives and has proposed plan for this area with purpose to control mosquitoes. Michael Collins has discussed this with Town Board. Committee member Lillian Ball raised concerns about the proposed project in regard to ditching and larvacide. John will keep LPC informed with project status updates. • SOUND VIEW DUNES PARK Site Visit & Grant Not discussed due to time constraints. General Land Preservation Items: • EASEMENT LANGUAGE REVISED: SUBDIVISION PROVISION LPC reviewed the existing Town Easement subdivision section (Section 3.03 below) in regard to the 10 acre minimum requirement. The current "typical" Town PDR reads as follows: 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, subdivide the property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. MOTION made by Sam McCullough, seconded by Allan Connell, to keep the 10 acre minimum requirement as written in section 3.03 Subdivision within the "typical" Town easement. Motion carried: 5/1/1 (John Sepenoski - no, Eric Keil - abstained) • FINANCIAL UPDATE Melissa Spiro reviewed with LPC the positive outlook of funding currently available. Next Regular Meeting: • The next regular meeting will be on Tuesday, November 26, 2013. Adjournment: • The meeting was adjourned at 9:06 p.m. by the seven attending LPC members. Respectfully submitted by Melanie Doroski, Land Preservation Secretary