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HomeMy WebLinkAboutWalker/McCall SOUTHOLD TOWN BOARD PUBLIC HEARING October 20, 2015 4:32 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 4:54 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, 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 Public Hearing-DRE Walker/McCall page 2 October 20, 2015 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. I do have here a signed affidavit that this hearing had been noticed and affixed in a proper and substantial manner on the Town clerk's bulletin board here in Southold and that is notarized. I also have here a copy of the legal notice that appeared in the Suffolk Times dated October 15, 2015 and I do have here a memorandum from Principal Planner Mark Terry concerning the LWRP 'the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.' That's it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. As we just heard, this is a small farm but it is surrounded by a larger, protected farm so it will be 28 acres when the town purchases these development rights. The current landowner applied to the town for the town to purchase the development rights on what was the excluded area and that's what the subject of the hearing is tonight. In 2003, the subject area was designed and set back from the road and pretty much surrounded by the preserved land at that time. the area is made up of prime soils and it is and I believe it always has been farmed as one, so it was cut out as a separate area but not in farming. The Committee reviewed the location and the design and for this particular property, the Land Preservation Committee supports the elimination of this development area. The towns purchase of the development rights will eliminate the development area and it will result in the entire just over 28 acre farm for agricultural purposes. The town received federal grant funds towards the 2003 purchase, the town is not receiving grant funds towards the purchase of this 3.8 acre area. As noted, Community Preservation Funds will be used for the town's purchase. In 2003, John Elak worked with the Peconic Land Trust and recorded an overlay deed of conservation easement for the purpose of adding additional terms for preserving and protecting the property's scenic open space and agricultural value. The currently landowner, Russ McCall, is also working with Peconic Land Trust to amend that easement to include the 3.8 acre area and to add additional terms. Luke from Peconic Land Trust is here and he is going to address those additional points. Thank you. LUKE MCKAY: Luke McKay, Peconic Land Trust. As Melissa mentioned, back in 2003 in addition to selling the development rights to the town, the Elak's voluntarily donated an overlay conservation easement further protecting entire farm to the Peconic Land Trust. Although reinforcing many of the restrictions at the town easement, the trust overlays also restricted the farm to no more than 10 percent coverage by agricultural structures and no more than 10,000 Public Hearing-DRE Walker/McCall page 3 October 20, 2015 square feet of greenhouses. Since the trust overlay easement covers the entire farm, the entire 28 acre farm, including the 3.8 acre portion the town is proposing to purchase the development rights from, the trust has to amend its overlay easement to account for this change. As part of that amendment process, the current landowner Russ McCall is voluntarily further restricting the farm by limiting agricultural structures to 2 percent of the farm which is approximately half an acre and donating an affirmative farming covenant that restricts certain agricultural uses and requires the farm to remain in active, agricultural production, primarily food production, in perpetuity. Thank you. SUPERVISOR RUSSELL: Thank you. Anybody like to address the Board on this particular public hearing? (No response). This hearing was closed at 5:01 PM * * * * * * Ela jiherdi 0. nvaiii Eli eth A. Neville Southold Town Clerk Southold Town Board - Letter Board Meeting of October 20, 2015 RESOLUTION 2015-883 Item# 5.27 art ADOPTED DOC ID: 11220 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-883 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 20, 2015: 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 Walker/McCall LLC on the 20th day of October, 2015, at which time all interested parties were given the opportunity to be heard; and WHEREAS, 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 situated on the southerly side of Main Road (NYS Route 25) approximately 820 feet easterly from the intersection of Locust Avenue with Main Road (NYS Route 25) in Mattituck,New York; and WHEREAS, the proposed acquisition is for the purchase of a development rights easement on a 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; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the Generated October 21, 2015 Page 34 Southold Town Board - Letter Board Meeting of October 20, 2015 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 Town Board acquire the development rights easement; and 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 Walker/McCall LLC, identified as SCTM #1000-115.-8-3.6. 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. 6/14214(i44.114' 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 October 21, 2015 Page 35 #12456 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 15th day of October, 2015. 7VA.Age-i---- jehr/ Principal Clerk Cc\r- day Sworn to before me this of ' 2015. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HERMIT GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) CHRISTINA VOLINSKI and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board NOTARY PUBLIC-STATE OF NEW YORK of the Town of Southold hereby agog No. 01 VO6105050 Tuesday. October 20. 2015. at 4:32 Qualified In Suffolk County Town Hall.53095 Main Lod,Southold.New York as the time My Commission Expires February 28, 2016 mid place for a public hearing for the maim of a development rights caw Immo on property owned by Walter/ McCall.-LLC.Said property is identi- fied as SCTM#1000-115.-8-3.6.The ad- Main Road(NYS Route fs 1e Ptitch ervation oruthe ve thousand donee 565,000 11 q�e n��ta acre easement per a re plusc- Comm nny p ts listed on the To m propel. ervation Project plan OI due to its ay should be RTHER NOt1�?Clue. preserved �,y movhn that a mote detailed dpaee �j of the abis 0ove B is hereby � I Partme file m mL and Preed parcel arc of and nos and'5 mra Date 25,South 9 o Halt atioAnnex mba ed Pers n�examined by New York' snsis Dated:Octobe 6 • 201s op oyerms.terest- M1 BYC �r,� .ZSxt' TOWN Ail—rag OF THE oa 01 111.W);—FR[D pj, MOW thoobe OLD •c 1 4 Southold Tom Clerk 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 plicant or Project Sponsor) 1 APPLICANT/SPONSOR 2. PROJECT NAMEE,tocry‘(?,Jccia'saS.e lQ bkV:"Z‘ 1 OwN &)AQZo WeiVrce l MCCGA\, LLC. 3. PROJECT LOCATION: Municipality ��0.0%.A, County u F c o- 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) -'-Cm'* 000- 115. - ea - 3,6 2%%4t› ONA,N?.oav i (\l\lk'Tc'r uC . 5. PROPOS D ACTION IS: New El Expansion n Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: `_T_owN 1::.ui64w co., o-C &eoe ort\cWr�� r`01A-s e c..102 rr.2$. ori 3. x$63 acres. 'Re 3. 8163 Acte avec,. \s '�oa''r c CL 2I,. (,4exo acro -Carns or• s.Z.c..k 2y,'Sy,1?4cfes cora s OD�e cir iv c-,, ire cnccZ dee& 4:1-C c eve.orrx.k - c S�� . 7. AMOUNT OFD AFFECTED: 2 Initially 3.tiG 2) acres Ultimately S,t$6 acres 8. VVILL121ROlf,Q,SED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? N/fes 0 No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? esidential 0 Industrial gotcmmercial Agriculture 0 Park/Forest/Open Space 0 Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR L )? ❑Yes r No�L If Yes,list agency(s)name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes p No If Yes,list agency(s)name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? 0 Yeslo I CERTIFYMTHAT- THE INFO MATION PROVIDED ABOVEpIS TRUE TO THE BEST OF MY rNNOWLEDGE l ' e_ Applicant/sponsorname: _VgSA, \(lv) LGar%c]!CestrJG,y„,„„(0,(1.6.v4&Wate: / /,,/ 5 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 Agency) A. DOES ACTION E EED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF EI 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 uperseded by another involved agency nYes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) Cl Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potentialy for erosion,drainage or flooding problems? Explain briefly. 6 C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly No C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: Mo 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: NO C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: l'\0 C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: 0 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 ENVIRONMENTALR EA(CEA)? El Yes to If Yes,explain briefly: E. IS THERE,OR IS E LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? nYes o 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 shouldbe 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 theenvironmental characteristics of the CEA. EiCheck 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 dedaration. FPW-Oheck this box if you have determined,based on the information and analysis above and an upporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide,on attachme as necessary,the reasons supporting this determination F4c)t-t: WiN"----. 0PrT2 Q ite4Aiii, Name of Lead Agency c Date c0 4-2-04-2-0\ SSC pv/V t J u4E'2v N % Print or Type Name of Responsible Officer in Lead Agency Title of Respon -Officer �o , Signature of Responsible�ffi in Lead gencycs Sig of' -parer(If differ-7.m res nsibte officer) '/�## ilii�•-• ,i'*pF S0045,- OFFICE LOCATION: ���10� Ol MAILING ADDRESS: Town Hall Annex � P.O. Box 1179 54375 State Route 25 * t Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) N ar Southold, NY 11971 0/1, ,�I�� Telephone: 631 765-1938 COATI i*V1 �•�.�� 0 . LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECE!VED OCT 152015 To: Town of Southold Town Board From: Mark Terry, Principal Planner \i‘ Southold Town Clerk 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 • n • 32A I OCTOBER 15, 2015 1 SUFFOLKTIMES.COM LEGAL NOTICES Dated: October 112015 12456-1T 10/15 shall be determined hs CONTINUED FROM PREVIOUS PAGE By Order of the Board of LEGAL NOTICE Education;and that in Fire Commissioners of the NOTICE OF SPECIAh DISTRICT said tax,bonds of the Di LEGAL NOTICE Cutchogue Fire District,' MEETING by authorized to be issu< • MATTI"TUCK PARK DISTRICT Town of Southold, SOUTHOLD UNION FREE gate principal amount o NOTICE OF ELECTION Suffolk County,New York SCHOOL DISTRICT, $7,765,750 and a tax is h AND REGULAR MEETING Matthew J.Martin IN THE COUNTY OF SUFFOLK, pay the interest on sail NOTICE is hereby given, as pre. Fire District Secretary NEW YORK same shall become due. scribed by Chapter 924 of the Laws 12455-1T 10/15 NOTICE IS HEREBY GIVEN that Such Bond Propos of New York,1941,as amended,of a LEGAL NOTICE the Board of Education of the South- pear on the ballot label meeting of the legal voters of the Mat- NOTICE OF PUBLIC HEARING old Union Free School District,in the in the voting machines tituck Park District to be held on the NOTICE IS HEREBY GIVEN that County of Suffolk,New York,has ad- ing at said Special Dist 12th day of November 2015. Voting pursuant to the provisions of Chapter opted a resolution on October 7,2015, substantially the followi wilt take place from 4:00 p.m.to 8:00 17 (Community Preservation Fund) authorizing a Special District Meeting form: p.m., Eastern Standard Time, at the and Chapter 70 (Agricultural Lands) of the qualified voters of said School YES OND PROP(); Mattituck Park District Office,Veter- of the Town Code, the Town Board District to be held on ans Memorial Park,11280 Peconic Bay of the Town of Southold hereby sets Tuesday,December 8,2015 RESOLVED: Blvd,,Mattituck,NY 11952 for the fol- "Tuesday, October 20, 2015, at 4_32 from 3:00 o'clock P.M.to 9:00 o'clock (a)That the Board c lowing purpose: p.m.,Southold Town Hall,53095 Main P.M.(Prevailing Time)at: the Southold Union Fr 1.To elect one(1)Commissioner for Road,Southold,New York as the time SOUTHOLD JUNIOR-HIGH trict, in the County 01 a three-year term commencing Janu- and place for a public hearing for the SCHOOL GYMNASIUM York (the "District"), ary 1,2016,and expiring December 31, purchase of development rights ease- 420 Oaklawn Avenue thorized to construct , 2018. meet on property owned by Walker/ Southold,New York improvements to all 2.To conduct such other business as McCall,LIC.Said property is identi for the purpose of voting upon the buildings and the site may properly come before the meet- fied as SCTM#1000-115.-8-3.6.The ad- following Bond Proposition: to expend therefor 1 ing. Regular meeting starting at X7:00 dress is 21140 Main Road(NYS Route BOND PROPOSITION $9,765,750;(b) that$2,1 p.m. 25) in Mattituck .The property is lo- RESOLVED: by appropriated from 1 Nominations shall be submitted in cated in the Agricultural-Conservation (a)That the Board of Education of serve Fund heretofore z petition form and must be signed by (A-C) Zoning District and is situated the Southold Union Free School Dis- voters on May 18,201C at least twenty-five (25)qualified sot- on the southerly side of Main Road trict, in the County of Suffolk, New is hereby authorized to ers of the Mattituck Park District,and (NYS Route 25), approximately 820 York(the"District"),is hereby author pay a portion of the cos `''` filed with the Clerk of the District; feet east of the intersection ofLocust rized to construct alterations and im- reconstruction, space at the Mattituck Park District Office, Avenue with Main Road (NYS Route provements to all District school build- and building alteration Veterans Memorial Park,11280 Pecon 25) in Mattituek,New York.The pro- ings and the sites thereof (the"Proj- a tax is hereby voted is Bay Blvd.,Mattituck,New York,not posed acquisition is for a development ect"), substantially as described in a of not to exceed$7,76` later than 2:00 p.m. on October 29, rights easement on 3.8863 acres.The plan dated October 7,2015 prepared balance of said cost, 2015. Petition forms are available for 3.8863 acre area is part of a 28.6496 for the District by BBS Architects levied and collected in pick up at the Mattituck Park District acre fat'1n on which 24.5418 sores are Landscape Architects and Engineers such years and in such Office, Monday through Friday, from subject to a Deed of Development PC,(the "Plan"),which is on file and be determined by said 10:00 a.m. to 2:00 p.m. Each petition Rights dated the 25th day of August, available for public inspection at the cation;and that in anti must state the name and address of 2003,between John Flak and the Town office of the District Clerk;such Proj- tax, bonds of the Dist each signer. of Southold and recorded in the Suf- ect to include:interior reconstruction, authorized to be issue Applications for absentee ballots folk County Clerk's Office in Liber space reconfiguration and building gate principal amount may be obtained at the same location D00012273 at Page 138 on September alterations to provide for new and/or $7,765,750 and a tax is and times.The absentee ballot applica- 19,2003.The 18863 acre area was ex- enhanced instructional,library,media pay the interest on so.. tion must be received by the District eluded from the recorded 2003 Deed center, computer, technology,produc- same shall become due Clerk at least seven (7) days prior to of Development Rights. tion studio and other space; security, The voting will be cc the date of the election and meeting if Federal monies obtained through a phone, public address and fire safety lot on voting machine: the absentee ballot is to be mailed to United States Department of Agricul- system upgrades; building envelope the Education Law an the voter,or the day before such elec- ture-Natural Resources Conservation and masonry improvements; installa- remain open from 3:01 tion and meeting date if the absentee Service ("NRCS") grant #73-2C31- lion of new casework and a pergola; 9:00 o'clock P.M.(Prey, ballot is to be delivered personally to 02-671 were used to fund part of the athletic and recreation improvements as much longer as may the voter, 24.5418 acre acquisition in 2003. The including,a new turf field, track and enable the voters then Every resident who shall have re- metes and bounds description in the bleachers and athletic field renova- their ballots. sided in the Mattituck Park District for 2003 easement will be modified to bons and enhancements; and parking NOTICE IS FUR' a period of thirty (30) days next pre- include the additional 3.8863 acres. lot, curb, asphalt, sidewalk and exte- that pursuant to Educ< ceding the election, and whose name NRCS has approved this inodifica- nor lighting improvements;all of the personal registration x,, and address is within the boundaries of tion,as required under the easement. foregoing to include the original fur- quired,and no person the Mattituck Park District as set forth In addition,NRCS has recognized the nishings, equipment, machinery, ap- to vote at the Special I on the Suffolk County Board of Elec- addition of 3.8863 acres to the existing paratus and ancillary or related site, whose name does not tions voter registration listing,shall be easement area as an acceptable dons- demolition and other work required in register of the District. qualified to vote. tion of an interest in real property by connection therewith; and to expend tion for the District wil Gerard Goehringer,Co-Chairperson the Town to NRCS under the NRCS therefor, including preliminary costs til Wednesday,+Decemt Michael Ryan,Co-Chairperson draft gift acceptance policy. Such a and costs incidental thereto and to 9:00 o'clock A.M. un Russell Williamson,Commissioner donation is further authorized by the the financing thereof, an amount not P.M. (Prevailing Time; Lynne Krauza,Secretary New York State Constitution. to exceed the estimated total-cost of day,at the District Offi 12454-4T 10/15,22,29;11/5 The 3.8863 acre easement will'be ac- $9,765,750;provided that the detailed Avenue, Southold, Ne LEGAL NOTICE quired using Community Preservation costs of the components of the Project purpose of preparing Notice of Adoption of a resolution Funds. The purchase price is $65,000 `as set forth in the Plan may be reallo- qualified voters of the by the Board of Fire Commissioners of (sixty-five thousand dollars) per acre cated among the components of such Special District Meetii the Cutchogue Fire District,Town of for the 3.8863 acre easement plus ac- Project if the Boardof Education shall any person shall be'ent Southold,Suffolk County,New York. quisition costs. determine that such reallocation is in her name placed upc Notice is hereby given that the The property is listed on the Town's the best interests of the District; provided that he/she is Board of Fire Commissioners of the Community Preservation Project Plan (b) that $2,000,000 is hereby ap- en to be then or then Cutchogue Fire District of the Town of as property that should be preserved propriated from the Capital Reserve vote at said Special Dis Southold, Suffolk County,New York, due to its agricultural value. Fund heretofore approved by the vot- which such register is I at a regular meeting duly held on the FURTHER NOTICE is hereby ers on May 18,2010,and such sum is The register of the 13th day of October,2015,duly adopt- given that a more detailed description hereby authorized to be expended to of said School District ed a resolution subject to a permissive of the above mentioned parcel of land pay a portion of the cost of the interior Annual Meeting and referendum,an abstract of which is as is on file in Land Preservation De- reconstruction, space reconfiguration May 19,2015,shall be follows: partment,Southold Town Hall Annex, and building alterations to provide for sis for the preparatio. RESOLUTION: To expend from 54375 Route 25,Southold,New York, new and/or enhanced instructional, for said Special Distri the "Capital Reserve Apparatus and and may be examined by any interest- library,media center, computer, tech- held on Tuesday, De Equipment Fund"a sum not to exceed ed person during business hours. nology, production studio and other Any person whose n $200,000.00 forreplacing and upgrad- Dated:October 6,2015 space;and such register or who ing the existing fire/emergency/police BY ORDER OF THE (c)that a tax is hereby voted in the previously registered communication systems and equip- TOWN BOARD OF THE amount of not to exceed$7,765,750 to or special District me ment at the Cutchogue Firehouse at TOWN OF SOUTHOLD pay the balance of said cost,such tax to and who shall have vo 260 New Suffolk Road, Cutchogue, Elizabeth A.Neville be levied and collected in installments or special District me New York. Southold Town Clerk in such years and in such amounts as held or conducted at in ,. � _ Fir• rrlI\ c ,_ ,..,..,. , ,_., ; t ' , , ' , ,. ', ',;,r S '....;. ,:,41 ';,,'.:' „.5.4 ap.„,.. '44' t:::'"'is... i rroti +ryery'� ' na � k q$ �cII�^ � _ � � 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 13`h day of October , 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. PH Walker/McCall development rights /1� . zabeth A. Neville •uthold Town Clerk Sworn before me this 13th day of October , 2015. Notary Public LYNDA M.RUDDER NoblyRUtattee o�Yoi* Qu&ff ea Sign Commission SignMwch 0. 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, 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. Dated: October 6, 2015 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk * * * Please publish on October 6, 2015 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P 0 Box 1179, Southold, NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website Land Pres Southold Town Board - Letter Board Meeting of October 6, 2015 � RESOLUTION 2015-850 Item# 5.23 442, * ADOPTED DOC ID: 11200 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-850 WAS ADOPTED 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 Generated October 7, 2015 Page 30 Southold Town Board - Letter Board Meeting of October 6, 2015 hours. (F'jatt1412ez.4. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:James Dinizio Jr, Councilman AYES: Robert Ghosio, James Dinizio Jr, Jill Doherty, Scott A. Russell ABSENT: William P. Ruland, Louisa P. Evans Generated October 7, 2015 Page 31 Rudder, Lynda From: Cerria Torres <ctorres@timesreview.com> Sent: Friday, October 09, 2015 11:52 AM To: Rudder, Lynda; Doroski, Melanie; Spiro, Melissa; Beltz, Phillip, Cushman, John; Michaelis, Jessica; Reisenberg, Lloyd; Southold Local; Dinizio, James; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth, Russell, Scott; Standish, Lauren, Tomaszewski, Michelle;William Ruland; Duffy, Bill; Kiely, Stephen; Silleck, Mary Subject: Re:Walker McCall for publication This notice has been scheduled to publish in the Suffolk Times on 10/15/2015. Thank you opp TIMES REVIEWA MEDIA GROUP Cerria Orientale Torres Display Ad Coordinator 631.354.8011 (D) ctorres@timesreview.com legals@timesreview.com www.timesreview.com From:<Rudder>, Lynda Rudder<lvnda.rudder@town.southold.ny.us> Date: Friday, October 9, 2015 11:30 AM To: "Doroski, Melanie" <Melanie.Doroski@town.southold.ny.us>, "Spiro, Melissa" <Melissa.Spiro@town.southold.ny.us>, "Beltz, Phillip"<Phillip.Beltz@town.southold.ny.us>,Times Review <CTORRES@TIMESREVIEW.COM>, "Cushman,John" <John.Cushman@town.southold.ny.us>, "Michaelis,Jessica" <jessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>,Southold Local <lisa@southoldlocal.com>, "Dinizio,James" <iames.dinizio@town.southold.ny.us>, "Doherty,Jill" <fill.doherty@town.southold.ny.us>, "Doroski, Bonnie" <Bonnie.Doroski@town.southold.ny.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, Louisa Evans<Ipevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.ny.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.nv.us>,William Ruland <rulandfarm@yahoo.com>, "Duffy, Bill"<billd@southoldtownny.gov>, "Kiely, Stephen" <stephen.kiely@town.southold.ny.us>, "Silleck, Mary" <marys@southoldtownny.gov> Subject:Walker McCall for publication Please publish in the Suffolk Times 10/15 edition and the town website,thank you 1