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Home My WebLink About1000-115.-8-3.6 pF SOOT - OFFICE LOCATION: o' �� 4�- .y0 lMAILING ADDRESS: �® � 0 1_,Town Hall Annex �� ";� '�,,.�;;, � P.O. Box 1179 54375 State Route 25 ,r4A:L•ia. Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) • coste i Southold, NY 11971 . �, ' �Q Telephone: 631 765-1938 �yC®UNT`l Av�''� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD • MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner , LWRP Coordinator Date: October 9, 2015 Re: Proposed Purchase of a Development Rights Easement on Property owned by Walker/McCall, LLC. SCTM #1000-115.-8-3.6 Zoning District Agricultural-Conservation (A-C) Location: 21140 Main Road (NYS Route 25) The proposed acquisition is for a development rights easement on 3.8863 acres.The 3.8863 acre area is part of a 28.6496 acre farm on which 24.5418 acres are subject to a Deed of Development Rights dated the 25th day of August, 2003, between John Elak and the Town of Southold and recorded in the Suffolk County Clerk's Office in Liber D00012273 at Page 138 on September 19, 2003.The 3.8863 acre area was excluded from the recorded 2003 Deed of Development Rights. 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: Bill Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator • IECEOVL' stewwrt® OCT Town of Southold �� O C i ® 7 2015 J ( LWRP C S i' a ASSF,SSMENT Fw OVUM')el Planniny :uar A. INSTRUCTIONS l2-L.' LOW k i)(0C COL_ /2F 1. All applicants for permits* including Town of Southold age `f proposed actions that are subject to the Town of Southold Wat. neec�s `I .assessment is intended to supplement other information us-, 6c1 / v., 4// . making a determination of consistency. *Except minor exem and other ministerial permits not located within the Coastal Erosion y •Le;. ' 2. Before answering the questions in Section C, the preparer of this form should review the exempt 'minor action list, policies and explanations of each policy contained in the Town of Southold Local 'Waterfront Revitalization Program. A proposed action will be evaluated as .to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. . If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in'the consistency review law. Thus, each answer must be explained in detail, listing both supporting and'non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places:online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION • SCTM# I S - $ _ 3. • PROJECT NAME-7 k►Nc. \e u• o . .c r:; , c. = Call l•L C The Application has been submitted to(check appropriate response): Town Board . planning Board El BuildingDept.L PG 1 Board of Trustees • 1• Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Pennit, approval,license, certification: C lature and extent of action: 14- 5-7‘ 31;4 • • . cscft c �� nn _ 4er • rM • ��iC� o�� ` ,� St11 . c • e Su�' oc`v • re c. \.Pe (14) 1/4 Location of action: .2 I f Via%(CC ) 4:-c0 Site acreage: 3 , 2)(6 6 3 Present land use: tS r e"`"`-6.( Present zoning classification: r%c Cyeç ,03,--t - 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code( ) (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No❑ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will-farther support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criter' . Yes n No n Not Applicable • Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—PPolicies Pag , 3 through 6 for evaluation criteria E Yes " ' I No Not Applicable • Attach additional sheets if necessary Policy 3. Enhance visual quality and protect Scenic resources throughout the Town of Southold. See LWRP ection III—Policies Pages 6 through 7 for evaluation criteria .1.7( Yes R No 1 ' Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section{ III—Policies Pages 8 through 16 for evaluation criteria R ` Yes R No u Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Polici Pages 16 through 21 for evaluation criteria Yes FR No FINot Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III— Policies; Pages 22 through 32 for evaluatio criteria. I ' I Yes I d No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. rd Yes H No Not Applicable Attach additional sheets if necessary Policy 8. Minimize envi omental degradation in Town of Southold from solid waste and hazardous substances and wastes. ee LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. 19 Yes ❑ No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for pu lic access to, and recreational use of, coastal waters, public lands, and public resources of the Town Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. Hi Yes❑ No Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES t Policy,10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See RP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See RP Section III—Policies; Pages 57 through 62 for evaluation criteria. ' I Yes No Not Applicable • • Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 throu 65 for evaluation criteria. Yes ❑ No I 1 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; P ges 65 through 68 for evaluation criteria. 'd Yes No Not Applicable 1 PREPARED BY ( A „1 �_ . TITLE)---a/Ad6.19(v)Zpi, DATE /0 /7 Amended on 8/1/05 • qp� 5° "`° RESOLUTION 2015-850 t'�w � - ADOPTED tole( (c DOC ID: 11200 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-850 WAS SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 6,2015: 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, October 20,2015, 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 Walker/McCall,LLC. Said property is identified as SCTM#1000-115.-8-3.6. The address is 21140 Main Road(NYS Route 25) in Mattituck .The property is located in the Agricultural-Conservation(A-C) Zoning District and is situated on the southerly side of Main Road (NYS Route 25), approximately 820 feet east of the intersection of Locust Avenue with Main Road (NYS Route 25) in Mattituck,New York. The proposed acquisition is for a development rights easement on 3.8863 acres. The 3.8863 acre area is part of a 28.6496 acre farm on which 24.5418 acres are subject to a Deed of Development Rights dated the 25th day of August, 2003,between John Elak and the Town of Southold and recorded in the Suffolk County Clerk's Office in Liber D00012273 at Page 138 on September 19, 2003. The 3.8863 acre area was excluded from the recorded 2003 Deed of Development Rights. Federal monies obtained through a United States Department of Agriculture -Natural Resources Conservation Service ("NRCS") grant#73-2C31-02-671 were used to fund part of the 24.5418 acre acquisition in 2003. The metes and bounds description in the 2003 easement will be modified to include the additional 3.8863 acres. NRCS has approved this modification, as required under the easement. In addition,NRCS has recognized the addition of 3.8863 acres to the existing easement,area as an acceptable donation of an interest in real property by the Town to NRCS under the NRCS draft gift acceptance policy. Such a donation is further authorized by the New York State Constitution. The 3.8863 acre easement will be acquired using Community Preservation Funds. The purchase price is$65,000 (sixty-five thousand dollars)per acre for the 3.8863 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. ..:Y g-�..... S