HomeMy WebLinkAboutResolution RESOLUTION 2014-847
ADOPTED DOC ID: 10183
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-847 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 21,2014:
WHEREAS, on October 6, 2014, the Southold Town Planning Board granted Sketch Approval
on the Sketch Plat prepared by prepared by Fox Land Surveying, dated February 19, 2014, for an
Open Development Area pursuant to 240-26(A) of the Town Code; and
WHEREAS,the Town Board has received a petition from Esseks, Hefter&Angel, LLP to
establish an Open Development Area pursuant to Chapter 240 of the Town Code on the property
identified as part of SCTM#1000-100-4-4 and located in the A-C Zoning District; and
WHEREAS,the requested Open Development Area is located on 7.2 acres of the 61.1 acre
parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to
2.4+/- acres per lot; and
WHEREAS,the Development Rights to the remaining 53.9 acres will be acquired by the Town
using Community Preservation Funds and a grant from the United States Department of
Agriculture Natural Resources Conservation Service and the 53.9 acre area will be subject to a
Development Rights Easement; and
WHEREAS,the Open Development Area Plan was found to be consistent with the Sketch Plan
approved on October 6, 2014 by the Planning Board; and
WHEREAS, on October 7, 2014, the Town Board adopted a resolution accepting the petition as
complete and setting the public hearing for October 21, 2014; and
WHEREAS, on October 21, 2014 the Town Board held and closed a public hearing on the
proposed establishment of the Open Development Area; and
WHEREAS,the Town Board finds that the requirements for the establishment of an Open
Development Area pursuant to Southold Town Code Chapter 240, ARTICLE VIII, Open
Development Area have been met; and
WHEREAS,the Town Board performed a coordinated review of this Type I action pursuant to 6
NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); 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 LWPR;
therefore be it
,J
Resolution 2014-847 Board Meeting of October 21, 2014
RESOLVED,that the Town Board of the Town of Southold, pursuant to SEQRA, hereby
establishes itself as lead agency and as lead agency, makes a determination of non-significance
for the proposed action and issues a Negative Declaration; and be it further
RESOLVED,that the Town Board of the Town of Southold hereby grants approval for the
establishment of an Open Development Area as shown on the map prepared by Fox Land
Surveying entitled "Development Rights Easement Survey prepared for Town of Southold",
dated Sep 22, 2014 and last revised Oct 1, 2014, and labeled "Reserve Area A"and "Reserve
Area B", subject to the following conditions:
1. Revise the Open Development Area map referenced above (mylars and paper) to show
the following:
a. Replace the notations "Reserve Area A" and"Reserve Area B"with the notation
"Open Development Area".
b. Revise the title of the map to show"Open Development Area Martin Sidor".
2. The approval of the Open Development Area shall not be valid if the Sale of the
Development Rights to the Town is not completed and a copy of the recorded deed of
development rights is not submitted to the Town of Southold Town Board on or before
one year from the date of this approval.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:William P. Ruland, Councilman
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
Updated: 10/20/2014 3:27 PM by Carol Kalin Page 2
Town of Southold,NY Open Development Area Page 1 of 2
Chapter 240: Sl I3I MSION OI�LAND
Article VIII: Open Development Area
§ 240-26 Establishment.
A. An applicant who has received sketch plat approval for a conservation subdivision pursuant to this chapter may apply to
the Town Board for establishment of an open development area(ODA)pursuant to§28o-a(4)of the New York State
Town Law.
B. The Town Board may grant the applicant the right to seek future approval of the creation of lots and the issuance of
permits for the erection of structures to which access is given by right-of-way or easement.Such right shall be in
accordance with the designated zoning district and the density and minimum lot size for the property in effect at the
time of the establishment of the open development area.
C. This provision supersedes and amends New York State Town Law§265-a insofar as that section places a limited
exemption on the time within which an adoption,change or amendment to the zoning regulations shall be applicable to a
filed plat.
§ 240-27 General requirements.
An open development area must meet the following general criteria:
A. It shall be located within the A-C,R-40o,R-too,R-12o,R-8o or R-40 Zoning Districts.
B. It shall provide for the perpetual preservation of a minimum of 75%of the buildable land on the parcel.
C. Access to the ODA shall be provided by a right-of-way or easement.
D. The area where the proposed lots will be located shall be in accordance with that shown on the approved sketch plat.
§ 240-28 Submission requirements.
The applicant shall submit the following items to the Town Clerk's Office:
A. A completed petition to establish an open development area;
B. Three Mylar and 12 paper copies of a map prepared to a scale of one inch equals loo feet;and including all information
required in Article V,Sketch Plat Review,and the size and notation requirements set forth in Article VII,Final Plat Review,
of this chapter.
C. An executed easement(permanently preserving a minimum of 75%of the property from residential or commercial
development)between the property owner and one of the following entities:the Town of Southold,the County of
Suffolk,another governmental entity,or a private conservation corporation or land trust as approved by the Town Board.
§ 240-29 Procedure.
A. Upon receipt of the items required under§240-28,the Town Clerk shall refer the petition to the Planning Board for its
review and specific recommendations within 14 days of receipt of referral.
B. The Town Board shall provide notice pursuant to Chapter 55,Notice of Public Hearings,of the Town Code and shall hold
a public hearing.
C. The Town Board shall comply with the requirements of SEQRA.
D. Following receipt of the Planning Board's recommendation and the public hearing,the Town Board may establish an
open development area consisting of a certain number of acres within a specified portion of the proposed conservation
subdivision.The Town Board may incorporate such further conditions and limitations as may be prescribed by the
Planning Board by general or special rule.Such approval shall be by resolution.
http://www.ecode360.com/5160643 10/28/2014
Town of Southold,NY Open Development Area Page 2 of 2
E. The approved map shall be signed by the Town Supervisor within to days of the adoption of the approving resolution.
F. The following filing procedures shall be implemented for an approved ODA:
(1) The Mylar maps shall be filed by the applicant with the County Clerk's Office as a miscellaneous map within 62 days
of the date of approval.
(2) Three paper copies shall be filed with the Town Clerk's Office,of which one copy will be returned to the applicant
and one copy shall be sent to the Planning Board office for its records.
(3) Failure to file the approved map within 62 days of the date of approval shall result in an expiration of such approval.
§ 240-30 Creation of lots.
A. In order to create any lot(s)within a filed ODA subdivision,the property owner shall submit the following items to the
Planning Board office:
(1) Petition to implement the ODA.
(2) Twelve paper copies of the ODA showing the location and dimensions of the proposed lot(s),in accordance with
the approved ODA map.
(3) Five paper copies of preliminary road and drainage plans.
(4) Fee.
B. Upon receipt of an application,the Planning Board office shall refer the road and drainage plans to the Town Engineering
Office for an estimate of the required improvements.
C. Upon receipt of the performance bond estimate,the Planning Board shall accept or modify said estimate.
D. The Planning Board shall comply with applicable provisions of the State Environmental Quality Review Act(SEQRA).
E. The Planning Board shall hold a public hearing on the petition.Notice shall be provided pursuant to Chapter 55,Notice of
Public Hearings,of the Town Code.
F. If approved,the revised map shall be signed and dated and filed by the applicant in the Office of the County Clerk,the
Town Clerk and the Planning Board office within 62 days after approval.
http://www.ecode360.com/5160643 10/28/2014
Neville, Elizabeth
From: Sabatino,Alyxandra K.
Sent: Friday, November 14, 2014 11:02 AM
To: Neville, Elizabeth
Subject: RE: Sidor Open Development Maps
Hi Betty,
I have spoken with Heather regarding the routing of the maps. Please send a paper map to the PlanninDepartment and
Land PrVervation. Regarding the remaining maps(mylar and paper) I spoke with the agent Patty Carol and someone
from her office is coming today to pick up the maps.The mylars and paper copies should be given to the agent for her to
file with the County Clerk.The County then sends a filled mylar to the Planning and Assessors Department.
Thank you,
Aly
Alyxandra Sabatino
Planner,Town of Southold
Phone:631-765-1938
Email:Alyxandra.SabatinoCcDtown.southold.nv.us
From: Neville, Elizabeth
Sent: Friday, November 14, 2014 9:24 AM
To: Sabatino, Alyxandra K.
Subject: Sidor Open Development Maps
Good Morning Ally,
I still have these maps on the table in my office waiting your reply.
Please advise.
Thank you, Betty Neville
Elizabeth A. Neville, MMC
Southold Town Clerk
PO Box 1179
Southold,NY 11971
Tel.631765-1800,Ext.228
Fax 631765-6145
Cell 631466-6064
1
UFFOI/rco
ELIZABETH A.NEVILLE,MMC �� r/y Town Hall,53095 Main Road
TOWN CLERK o= P.O.Box 1179
y Z Southold,New York 11971
REGISTRAR.OF VITAL STATISTICS 5 .F Fax(631)765-6145
MARRIAGE OFFICER 'f �a��' Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To: Patricia M. Carroll, Esseks, Hefter&Angel LLP
From: Elizabeth A. Neville,Town Clerk
Re: Sidor Open Development Area Maps
Date: November 14, 2014
On this 14th day of November, 2014 three(3) Mylar Maps and Nine (9) Paper Maps signed by Scott A.
Russell,Supervisor,Town of Southold of the Sidor Open Development Area which was approved by the
Southold Town Board on October 21, 2014 by Resolution Number 2014-847 were presented to Esseks,
Hefter&Angel, LLP
by
Received
George Conklin on �halfof Esseks, Hefter & Angel, LIP
o��gUFfO�,�►�o
ELIZABETH A.NEVILLE,MMC �� Gy Town Hall,53095 Main Road
TOWN CLERK p P.O. Box 1179
CA 2 Southold,New York 11971
REGISTRAR OF VITAL STATISTICS S .F Fax(631)765-6145
MARRIAGE OFFICER4 aQ� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER .� `�► www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To: Heather Lanza, Director of Planning
Melissa Spiro Land Preservation Coordinator
From: Elizabeth A. Neville,Town Clerk
Re: Sidor Open Development Maps
Date: November 14,2014
Enclosed please find a map of the Sidor Open Development Area approved by the Southold Town Board
on October 21, 2014 and signed by Supervisor Scott A. Russell on October 31, 2014 for filing in your
office. The office of Esseks, Hefter&Angel, LLP were given the three(3) mylar maps and nine(9)
paper maps together with copies of Southold Town Board Resolution 2014-847 on this date.
o��gUFFO�,��0
ELIZABETH A.NEVILLE,MMC �� r/y Town Hall,53095 Main Road
TOWN CLERK p P.O. Box 1179
CA 2 Southold,New York 11971
REGISTRAR OF VITAL STATISTICS p _ Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER �4( .� Telephone 765-1800
FREEDOM OF INFORMATION OFFICER www•southoldtldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To: Heather Lanza, Director of Planning
Melissa Spiro Land Preservation Coordinator
From: Elizabeth A. Neville,Town Clerk
Re: Sidor Open Development Maps
Date: November 14,2014
Enclosed please find a map of the Sidor Open Development Area approved by the Southold Town Board
on October 21, 2014 and signed by Supervisor Scott A. Russell on October 31,2014 for filing in your
office. The office of Esseks, Hefter&Angel, LLP were given the three (3)mylar maps and nine(9)
paper maps together with copies of Southold Town Board Resolution 2014-847 on this date.
ESSEKS, HEFTER & ANGEL, LLP
1 r7r COUNSELORS AT LAW MAIN OFFICE
E1
108 EAST MAIN STREET 7A
P.O. Box 279
RIVERHEAD,NY 11901-0279
STEPHEN R ANGEL October 30, 2014 EAST HAMPTON OFFICE
STEPHEN
A M. N EL (BY APPOINTMENT ONLY)
CARMEANTHONY M.
i TA 34 PANTIGO ROAD
THEODORE D.SKLAR Via Hand Delivery RECEIVED EAST HAMPTON,NY 11937
Ms. Elizabeth Neville
NANCY SILVERMAN Southold Town Clerk
LISA). ROSS SU J,4 WWW EHALAW.COM
PATRICIA M.CARROLL 53095 Route 25 '' (631)369-1700
JASON S.SELMONT FAX:(631)369-2065
KEVIN A.MCGOWIN P.O. Box 1 179 (NOT FOR SERVICE)
CHRISTINE P.SMITH Southold,NY 11971 Southold Town Clerk
MARCIA Z.HEFTER
SENIOR COUNSEL Sidor
G �.. . I 1. t.^
WILLIAM P.MALONEY ��� Jsdvr�.it�i:iFJESiCiit�pp�Ica�lUea
OF COUNSEL Premises:2010 Oregon Road, Mattituck,NY
WILLIAM W ESSEKS SCTM. 1000-100.00-04.00-004.000
RETIRED
Dear Ms. Neville:
In connection with the Petition to the Southold Town Board to establish an Open
Development Area with respect to the above property, which was submitted to your
office on October 2, 2014, and which was approved by the Town Board on October
21, 2014, I enclose the requisite (3)mylars and (12)prints of the Open Development
Area with the revisions required by the Town Board as a condition of approval.
Specifically, per the resolution of the Town Board, the following revisions have
been made to the maps:
1. The notations "Reserve Area A" and "Reserve Area B" have been replaced
with the notation"Open Development Area," and
2. The title of the map has been revised to show: "Open Development Area
Martin Sidor".
Thank you.
Very truly yours,
Patricia M. Carroll
Encl.
cc: (all w/o encls; all via e-mail)
Melissa Spiro (Melissa.Spiro@town.southold.ny.us)
Alyxandra Sabatino (Alyxandra.Sabatino@town.southold.ny.us)
Fox Land Surveying
64 Sunset Ave, Westhampton Beach,NY 11978,
(Tel) 631-288-0022 (Fax) 631-288-2406 1 )
Email: FoxLandSurve in Q)aol.com
October 30, 2014
RECEIVED
RE: Sidor,Martin
Surveys & Mylars OCT ') Q 2014
Oregon Road
Mattituck,t/o Southold Southold Town Clerk
Tax Map#1000-100.00-04.00-004.000
Dear Patti Carol,
Enclosed please find 12 copies of the survey and 3 mylars last dated October 29, 2014 for
your use. Please call if you need anything further. Thank you.
Sincerely,
P :�)y
David H. Fox, Sr.
Land Surveyor
DHF/eps
Encl.
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JOB N0:2000-367 Open Development Area > 1 Ogv or 2 6
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MARTIN H. SIDOR, ROBERT SIDOR,
DIANE REGENESS & JOANNE KRAEBEL At \\ 1
TOWN OF SOUTHOLD Mattituck �` \
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DAVID H. FOX, L. Y.S.L.S, #50234 1. REFERENCE DEEDS L. 11784 CP. 686 & % vP�vE 57
FOX LAND SURVEYING L. 12287 CP. 387 359 10' urs P
pO�E
64 SUNSET AVENUE
WESTHAMPTON BEACH, N.Y. 11978
(631) 288-0022 SITE DATA
UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY
NEW YORK STATE
EDUCATION LAWN COPIESTION OF THIS9SURVEYEMAP NOT BEARING TOTAL AREA 61.0976 ACRES
THE LNDHALLANOTSBE\CONSIDERED DOS BEL ORALI^D TRUED SEAL
COPY. ZONING USE DISTRICT AC
CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE SCHOOL DISTRICT MATTITUCK
PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS
BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY FIRE DISTRICT MATTITUCK
AND LENDING INSTITUTION LISTED HEREON . AND TO THE
ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS UTILITIES VERIZON, LIPA, S,C.W.A.
ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS
OR SUBSEQUENT OWNERS.
JOB NO: 2000-367