Loading...
HomeMy WebLinkAboutMoffat Farm North, LLC SOUTHOLD TOWN BOARD PUBLIC HEARING June 3, 2014 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:11 PM COUNCILMAN GHOSIO: 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, June 3, 2014, at 7:32 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 Moffat Farm North, LLC. Said property is identified as SCTM #1000-55.-2-p/o 10.1. The address is 47775 County Road 48 in Southold. The property is located in the A-C zoning district and is situated on the westerly side of County Road 48 approximately 940 feet southwesterly from the intersection of County Road 48 and Old North Road in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 20.5± acres (subject to survey) of the 25.5±parcel's 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 the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 20.5± 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. DRE Public Hearing Moffat Farm North, LLC June 3, 2014 2 I have a sworn affidavit of posting on the Town Clerk's bulletin board and the posting was on May 7, 2014. I have an affidavit of publication that this appeared in the Suffolk Times newspaper. And I also have a memorandum from the LWRP coordinator that it is the recommendation of the LWRP coordinator that this proposed action is consistent with the LWRP. SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law for acquisition? COUNCILMAN GHOSIO: Normally Ms. Spiro would be here to present this for us but she wasn't able to make it today and this did come up in discussion the other night in the Land Preservation Committee. What you can see here on the easel is basically the property that is on for discussion tonight. SUPERVISOR RUSSELL: Would anybody like to comment? TINA KOSLOSKI: My name is Tina Kosloski. I am the youngest of the Moffat children. I have been at this with my husband Jim for 14 years. This land was built and bought by my grandfather back before World War 1. We have not had a farmer in many years in our effort to try to sell the land and now after my mother's passing, it is our wish that we try to find a farmer. And the only way to do this is to sell the development rights in order to pay forward as my mother wished, to find a farmer that is just starting out. To preserve the land and allow Southold to see, it is a farm, it really is. I hope that you will approve this. Thank you. SUPERVISOR RUSSELL: Thank you. JUSTICE EVANS: Thank you. SUPERVISOR RUSSELL: Any more comments? (No response) This hearing was closed at 8:14 PM Eliz eth A. Neville Southold Town Clerk Southold Town Board - Letter Board Meeting of June 3, 2014 s'6,1FF t�^a RESOLUTION 2014-518 Item 4 5.46 ADOPTED DOC ID: 9757 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-518 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3, 2014: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Moffat Farm North, LLC on the 3rd day of June, 2014, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM 91000-55.-2-p/o 10.1. The address is 47775 County Road 48 in Southold. The property is located in the A-C zoning district and is situated on the westerly side of County Road 48 approximately 940 feet southwesterly from the intersection of County Road 48 and Old North Road in Southold,New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 25.5± acres (subject to survey) of the 20.5± parcel's 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 $65,000 (sixty-five thousand dollars) per buildable acre for the 20.5± 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 WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the 'Down Board acquire the development rights easement; and Generated June 4, 2014 Page 67 Southold Town Board - Letter Board Meeting of June 3, 2014 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 Moffat Farm North, LLC, identified as SCTM #1000-55.-2-p/o 10.1. 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: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated June 4, 2014 Page 68 �F SO�Tyo OFFICE LOCATION: O l0 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G • Southold, NY 11971 � Telephone: 631 765-1938 fly "DUNTY, Fax: 631765-3136 � LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM To: Town of Southold Town Board Southold Toy:-n Clerk • From: Mark Terry, Principal Planner r`v LWRP Coordinator Date: May 12, 2014 Re: Proposed MOFFAT FARM NORTH, LLC—development rights easement Part of SCTM #1000-55.-2-10.1 Location: 47775 County Road 48 in Southold Zoning District A-C The proposed action involves the proposed acquisition of a development rights easement on a part of the property consisting of approximately 20.5± acres (subject to survey) of the 25.5± parcel's total acreage and in accordance with Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. • 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 A 3plicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 10 N Aep MocFAQa+ NoettaILLe— - 3. PROJECT LOCATION: Municipality .0VN Hp K O w N County S O F F OL k 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) ' cT/n06 ►odo - ys. - z.- 10. 4777 5 C.R. 4 91 SowriA"o 5. PROPOSED ACTION IS: M New [] Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: owva '�u�c�no,SP of t�evG4�p rr:r•-'� P:5L. 5 0g Se -E on, AMOUNTF LAND AFFECTED: + Initially P.O• 5 acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? W Yes F1No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? © Residential n Industrial Commercial ®Agriculture 11 Park/Forest/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 E] No If Yes,list agency(s)name and permit/approvals: '?It-jecrt Ck-y;<.r(d �•c wr'�►a� '��r•c,<:n� �ccav� o.wwrt\'t� crown V.S. teCA. 6( lryr:c.��uct _ N RCS , 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes © No If Yes,list agency(s)name and permitlapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? 0 Yes Pi No I CERTIFY THAT THE INFO ATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ✓h�irM) QC!r Q Date: S / Signature: j J If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 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. 11 Yes ® No B. 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. Yes © No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: N� C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: N� C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: V0 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 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 C1-05? Explain briefly: C7. Other impacts(including changes in use of either quantity 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 briefly: E. IS THERE,ORI THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban 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. If question D of Part It 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 identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. 0 Check this box if you have determined,based on the information and analysis above andatasnecessa upporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide,on attachme the reasons supporting this determination 0infioLo iOtdN vOfl12�? Name of Lead Agency Date �UPERV%So2 ?4�SJrcL�1- Sc+PUtz U15C, Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer S Signature of Responsible Officer in Lead Agency gnature o reparer(IT-dilWt from responsible officer) #11692 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 22nd day of May, 2014. Principal Clerk Sworn to before me this day of G2014. 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 Desday.June 3, HRISTINA VOLINSKI 2014,at 7:32 p.m_Southold Town Hall, NOTARY PUBLIC-STATE OF NEW YORK 53095 Main Road Southold New York No. O 1 V06105050 0 the time and Place for a public hear mg for the purchase of a development QuOlifiad in Suffolk County 6095 easement on property owned by My Commission Expires February 28, 2016 Moffat Farm North LLC.Said property is identified as SCTM #1000-55.-2-p/o If" The address is 47775(moo r.,n,..,a • 0, Ii 1';, .i n 'tom,- x paansul/IH990£1.#'all 9L-LE9 ,111• sV0(3 • smOPu'M ijl)j • suoi}ippV•suoijenouaa I@!4AIePl9o( i .raua � t ec-LUV- zy M)LueNDW 911318 „qof peq e s.1 op j,uc 181800WON Due al 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 '71�- day of Ma.,d —, 2014, she affixed a notice of which the annexed printed notice is a true copy, iiVa 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: Moffat Farm North Dev Rts • ` lizabeth A. Neville Southold Town Clerk Sworn before me this day of , 2014. Ncdary Public LYNDA M. RUDDER Notary Public, State of New York No. 01 RU6020932 Qualified in Suffolk County • Commission Expires March 8, 20A5 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, June 3, 2014, at 7:32 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 Moffat Farm North, LLC. Said property is identified as SCTM #1000-55.-2-p/o 10.1. The address is 47775 County Road 48 in Southold. The property is located in the A-C zoning district and is situated on the westerly side of County Road 48 approximately 940 feet southwesterly from the intersection of County Road 48 and Old North Road in Southold,New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 20.5± acres (subject to survey) of the 25.5± parcel's 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 the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 20.5± 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: May 6, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on MAY 22, 2014 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold, NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website Land Preservation 64^ yUfiO K RESOLUTION 2014-416 ADOPTED DOC ID: 9756 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-416 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 6, 2014: 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, June 3, 2014, at 7:32 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 Moffat Farm North, LLC. Said property is identified as SCTM #1000-55.-2-p/o 10.1. The address is 47775 County Road 48 in Southold. The property is located in the A-C zoning district and is situated on the westerly side of County Road 48 approximately 940 feet southwesterly from the intersection of County Road 48 and Old North Road in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 20.5± acres (subject to survey) of the 25.5± parcel's 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 the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $65,000 (sixty-five thousand dollars)per buildable acre for the 20.5± 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: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Cooper, Linda From: Reisenberg, Lloyd Sent: Thursday, May 08, 2014 3:31 PM To: Cooper, Linda Subject: RE: Legal notice of PH - Moffat Farm North Dev Rts easement 6-3-14 Posted I.lovd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownny.pov Iloydr@southoldtownny pov 0: 631-765-1891 + M:631-879-15541 F: 631-765-5178 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. Orom: Cooper, Linda Sent: Wednesday, May 07, 2014 12:07 PM To: Reisenberg, Lloyd Subject: Legal notice of PH - Moffat Farm North Dev Rts easement 6-3-14 Hi, Whenever you get a chance, please post on the website. Thanks! Deputy Town Clerk Town of Southold 631-765-1800 �a zeael� t(ie lie y�eat�ea��yoce�sru¢t aGrat eeQieve e�oe�ear. 1 Cooper, Linda From: legals <legals@timesreview.com> Sent: Wednesday, May 07, 2014 1:35 PM To: Cooper, Linda Subject: Re: Legal Notice - PH Moffat Farm North Dev Rts easement 6-3-14 Hi Linda, I have received the notice and we are good to go for the 5/22 issue. Thanks and have a great rest of the afternoon! My plan is to stay outside until dark once I leave the office at 5!! :) From: <Cooper>, Linda <Linda.Cooper@town.southold.ny.us> Date: Wednesday, May 7, 2014 12:02 PM To:Times Review<legals@timesreview.com> Subject: Legal Notice - PH Moffat Farm North Dev Rts easement 6-3-14 Good afternoon! ease confirm receipt of this Legal Notice of Public Hearing for the May 22, 2014 edition of the Suffolk Times. ank you and hope you get a chance to get outside and enjoy this beautiful day. a2"/ Deputy Town Clerk Town of Southold 631-765-1800 7a w4d tfie lufAw lae" qvw maat#iat 4&eue you e4a. i