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HomeMy WebLinkAboutRose Trust, Estate of Elizabeth (Dam Pond)SOUTHOLD TOWN BOARD PUBLIC HEARING April 21, 2015 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 Bill Duffy This hearing was opened at 8:53 PM COUNCILMAN GHOSIO: 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, April 21, 2015, 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 open space fee title on property owned by the Elizabeth H. Rose Trust. Said property is identified as SCTM #1000-23.-1-19. The address is No # Private Rd #8, East Marion, New York, and is a beach parcel located between Dam Pond and Long Island Sound in the R-80 zoning district. The proposed acquisition is for fee title and is approximately 0.28 acre. The property has been offered for sale to the Town of Southold as open space. The purchase price is $2,000.00 (two thousand dollars). The property will be acquired using Community Preservation Funds. The seller may claim a bargain sale. The property is listed on the Community Preservation Project Plan Eligible Parcel List of properties that should be preserved for the purpose of protecting undeveloped beach land and shoreline and for its scenic value. The property is adjacent to beach land currently owned by the Town of Southold. The purpose of the acquisition is to add vacant beach land to the existing Town owned undeveloped beach. 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. Open Space Preservation Purchase, Rose Trust page 2 Public Hearing April 21, 2015 This public hearing has been noticed in the Suffolk Times on April 16, 2015. I have an affidavit here that this has been posted on the Town Clerk's website and on the Town Clerk's bulletin board. That's all I have. SUPERVISOR RUSSELL: I would invite anybody that would like to comment? Melissa? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: As noted this is a proposed acquisition of a small, undeveloped beach parcel that is adjacent to another small beach parcel that's currently owned by the Town of Southold. The property is within an area where there has been significant preservation by the Town, the County and also private conservations. Ruth Oliva Preserve, jointly owned by the Town and County is just to the west side of Dam Pond, in the vicinity of this property. The Rose property is small, it is accessible only by water. However, since it has been offered for minimal purchase price of $2,000 it is in such close proximity to other preserve land, the Land Preservation Committee reviewed it and supports the Town's purchase of this property. The purpose is to allow it to remain in its current state as an undeveloped beach area. The property is on the Community Preservation Plan and Community Preservation funds will be used for the purchase. Thanks. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular local law? ROBERT DUNN: Seeing as you woke me up, I don't know why anybody would want to do anything but applaud that, for $2,000. SUPERVISOR RUSSELL: Anybody else? (No comment) This hearing was closed at 8:56 PM qiabeth A. Neville Southold Town Board Southold Town Board - Letter Board Meeting of April 21, 2015 RESOLUTION 2015-391 Item # 5.46 ADOPTED DOC ID: 10702 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-391 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 21, 2015: WHEREAS, the Town Board of the Town of Southold held a public hearing on the 21S` day of April, 2015, on the question of purchasing open space fee title on property owned by the Elizabeth H. Rose Trust pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-23.-1-19 and No # Private Road #8 in East Marion and is a vacant beach parcel located between Dam Pond and Long Island Sound in the R-80 zoning district; and WHEREAS, the open space acquisition is for fee title of the vacant 0.28 acre beach parcel. The purchase price is $2,000.00 (two thousand dollars) based on an accepted offer. The seller may claim a bargain sale; and WHEREAS, the subject property is listed on the Community Preservation Project Plan Eligible Parcel List of properties and the purchase will be funded by the Community Preservation Fund; and WHEREAS, the purpose of the acquisition is for the preservation and protection of undeveloped beach land and shoreline and for its scenic value. The property is adjacent to beach land currently owned by the Town of Southold; and, WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront l .f *L. T� ....—C^ a�cl_tl,a_L..caL_ �xatarr_nnt_Ra_ccif�ali�ati�rn aJ?� (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, 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 since it is not a buildable parcel; and Generated April 22, 2015 Page 59 Southold Town Board - Letter Board Meeting of April 21, 2015 WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquires the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property to add vacant beach land to the existing Town owned undeveloped beach for the purpose of the preservation and protection of undeveloped beach land and shoreline and for its scenic value; 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 fee title to property owned by the Elizabeth H. Rose Trust, identified as SCTM #1000-23.-1-19. 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. The Town Board has reviewed the acquisition and has determined that sanitary flow credits will not be transferred from this property. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated April 22, 2015 Page 60 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Proiect Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME mo -n �►�C 0a0Yl a v►si e o 3. PROJECT LOCATION: Municipality County � v 4426 L FC 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) SOPA% IL- -23 -1- I� Lncq�e ct ��wt,aN�m�o� ur� � �1q,rvd Savrd . 5. PROPOSED ACTION IS: New [j Expansion Modification/alteration - 6. DESCRIBE PROJECT BRIEFLY`. C YC 0.CCCV�St��C�� ,J�Q�q,�r�'� 1pQac� eRYC2k 04 0.2.1� CLeOS 451` ��saC�� ot,.,a�r• St�O1� , 7. AMOUNT OF LAND AFFECTED: Initially 0 4F 2 j? acres Ultimately OL 2- acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ® Yes F1No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Des lie: Residential ❑ Industrial Commercial Agriculture 4M Park/Forest/Open Space [j Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? E]Yes No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 11 Yes © No If Yes, list agency(s) name and penniVapprovals: 12. ASA RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? E]Yes R No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: M&'-; JA tRv, IrlSeNi&-CerW15.V.�C,,Z Date: &' Signature: 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 Aaencv) A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. 11 Yes 19 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: �U C2. Aesthetic,- agricultural; archaeological, -historic, or -other natural or cultural resources; or community -or -neighborhood character? -Explain N C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: N0 C4. A commmunity 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: rVU C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: ND C6. Long term, short tens, cumulative, or other effects not identified in C1-05? Explain briefly: ND 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, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? E]Yes E�a No If Yes, explain briefly: PART 111 - 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 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 identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the EAF and/or prepare a positive declaration. RP Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determin ,;OUT aFc�.p \ owN� O XR p Name of Lead Agency SCO -TV uss IFL.L. Print or Type Name Responsible Officer in Lead Agency Signatur of Responsible Officer in Lead Agency I-/3 rS- (Owv S up EILV0i2. Title of Responsible Officer Sig ture Preparer rent from responsible officer) Southold Town Board - Letter Board Meeting of April 7, 2015 RESOLUTION 2015-320 Item 4 5.12 ADOPTED DOC ID: 10.694 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-320 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 7,2015: 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, April 21, 2015, 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 open space fee title on property owned by the Elizabeth H. Rose Trust. Said property is identified as SCTM # 1000-23 .-1-19. The address is No # Private Rd #8, East Marion, New York, and is a beach parcel located between Dam Pond and Long Island Sound in the R-80 zoning district. The proposed acquisition is for fee title and is approximately 0.28 acre. The property has been offered for sale to the Town of Southold as open space. The purchase price is $2,000.00 (two thousand dollars). The property will be acquired using Community Preservation Funds. The seller may claim a bargain sale. The property is listed on the Community Preservation Project Plan Eligible Parcel List of properties that should be preserved for the purpose of protecting undeveloped beach land and shoreline and for its scenic value. The property is adjacent to beach land currently owned by the Town of Southold. The purpose of the acquisition is to add vacant beach land to the existing Town owned undeveloped beach. 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. cf. 20" Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Dohe I y, Evans, Russell Generated April 8, 2015 Page 20 #12191 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 16th day of April, 2015. Principal Clerk Sworn to before me this l day of 2015. LEGAL NOTICE NOTICE OF PUBLIC HEARING 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 TLesday, April 21, 2015, at 7:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York ' as the time and place for a public hear- ing for the purchase of open space fee title on property owned by the Elizabeth H. RoseRust. Said property is identi- fied as SCTM #1000-23.-1-19. The ad- dress is No # Private Rd #8, East Marion, New York, and is a beach parcel located between Dam Pond and Long Island Sound in the R-80 zoning district. The proposed acquisition is for fee title and is approximately 0.28 acre. The property has been offered for sale to the Town of Southold as open space. The purchase price is $2,000.00 -(two thousand dollars). The property will b0 acquired using Community Pres- ervation'Funds. The seller may claim a bargain sale. The property is listed on the Commu- nity Preservation -Project Plan Eligible Parcel List of properties that should be preserved for the purpose of protecting undeveloped beach land and shoreline and for its scenic value. The'property is - adjacent to beach land currently owned by the Town of Southold. The purpose of the acquisition is to add vacant beach land to the existing -Town owned unde- veloped beach. FURTHER NOTICE is hereby given that.a more detailed description of the above mentioned parcel of land is on file in Land Preservation Depart- ment, Southold Town Hall Annex, 54375 J Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: April 7, 2015 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk USR TINA VOLINSKI NOTARY PUBLIC -STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County MY Commission Expires FObVUOrY 28, 2016 LEGAL NOTICE NOTICE OF PUBLIC HEARING 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, April 21, 2015, 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 open space fee title on property owned by the Elizabeth H. Rose Trust. Said property is identified as SCTM #1000-23.-1-19. The address is No # Private Rd #8, East Marion, New York, and is a beach parcel located between Dam Pond and Long Island Sound in the R-80 zoning district. The proposed acquisition is for fee title and is approximately 0.28 acre. The property has been offered for sale to the Town of Southold as open space. The purchase price is $2,000.00 (two thousand dollars). The property will be acquired using Community Preservation Funds. The seller may claim a bargain sale. The property is listed on the Community Preservation Project Plan Eligible Parcel List of properties that should be preserved for the purpose of protecting undeveloped beach land and shoreline and for its scenic value. The property is adjacent to beach land currently owned by the Town of Southold. The purpose of the acquisition is to add vacant beach land to the existing Town owned undeveloped beach. 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 7, 2015 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on April 16, 2015 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 Pres L SUFFOLKTIMES.COM I APRIL 16, 2015 1 35 LEGAL NOTICE - NOTICE OF PUBLIC HEARING Southold hereby sets Tuesday, April 21, RESOLVED that pursuant to the 2015, at 7:32 p.m., Southold Town Hall, provisions of Chapter 17 (Community ;53095 Main Road, Southold, New York Preservation Fund) and Chapter 185 las the time and place for a public hear - (Open Space Preservation) of the Town ing for the purchase of open space fee Code, the Town Board of the Town of Ititle on property, owned by the Elizabeth H. Rose Trust. Said property is identi- fied as SCTM #1000-23.4-19. The ad- dress is No # Private Rd #8, East Marion, New York, and is a beach parcel located between Dam Pond and Long Island Sound in the R-80 zoning district, The proposed acquisition is for fee title and is approximately 0.28 acre. The property has been offered for sale to the Town of Southold as open space. The purchase price is $2,000.00 i (two thousand dollars). The property will be acquired using Community Pres- ervation Funds. The seller may claim a bargain sale. The property is listed on the Commu- nity Preservation Project Plan Eligible Parcel List -of properties that should be preserved for.the purpose of protecting undeveloped beach land and shoreline and for its scenic value. The property is adjacent to beach land currently owned by the Town of Southold. The purpose of the acquisition is to advacant beach land to the existing Town owned unde- veloped beach. FURTHER NOTICE is hereby given that'a more detailed description of the above mentioned parcel of land is on file in Land Preservation Depart- ment, Southold Town Hall Annex, 54375 t Route 25, Southold, New York,'and may j be examined by any interested person during business hours. Dated_ : April 7, 2015 - BY ORDER OF THE TOWN BOARD OF. THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk 12191-17`4/16 ___ 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 13th day of April , 2015, she affixed a notice of which the annexed printed notice is a true copy, 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. Open Space Purchase: Estate of Elizabeth Rose izabeth A. Neville outhold Town Clerk Sworn before me this 13th day of April , 2015. 4 1,\,Y)A Notary Public LYNDA M. RUDDER Notary Public, State of New York No. 01 RU6020932 Qualified in Suffolk County Commission Expires March 8, 204 Rudder, Lynda From: Cerria Torres <ctorres@timesreview.com> Sent: Monday, April 13, 2015 9:52 AM To: Rudder, Lynda Subject: Re: for publication This notice has been scheduled to publish in the Suffolk Times on 4/16/15. Thankyou TIMES `REVIEW MEDIA GROUP Cerria Orientale Torres Display Ad Coordinator 631.354.8011 (D) ctorres(cbtimesreview.com legals(),timesreview.com www.timesreview.com From: <Rudder>, Lynda Rudder <lynda.rudder@town.southold.nv.us> Date: Monday, April 13, 2015 9:37 AM To: Jim Dinizio <iim@lamesdinizio.com>, "Beltz, Phillip" <Phillip.Beltz@town.southold.nv.us>, "Cushman, John" <John.Cushman@town.southold.nv.us>, "Doherty, Jill" <iill.dohertv@town.southold.nv.us>, "Duffy, Bill" <billd@southoldtownnv.gov>, "Ghosio, Bob" <bob.ghosio@town.southold.nv.us>, "Kiely, Stephen" <stephen.kiely@town.southold.nv.us>, "Krauza, Lynne"<Ivnne.krauza@town.southold.ny.us>, Louisa Evans <lpevans06390@gmail.com>, "Michaelis, Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Russell, Scott" <Scott.Russell@town.southold.ny. us>, "Standish, Lauren" <Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle"<michellet@town.southold.ny.us>, Times Review <tdoubrava@timesreview.com>, William Ruland <rulandfarm@vahoo.com> Subject: for publication Please publish in the 4/16 edition of the Suffolk Times and on the Town website